• Title/Summary/Keyword: Legal Study

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Independent Production Routines and Environmental Changes In 'Comprehensive Programming Television Channels' in Korea Focusing on Interviews with Independent Producers, Broadcast Writers and Individuals Involved with the TV Channels (종합편성채널의 독립제작 환경과 관행에 관한 연구 독립PD, 작가 및 종합편성채널 관계자 심층인터뷰를 중심으로)

  • Choi, Sun Young;Han, Hee Jeong
    • Korean journal of communication and information
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    • v.73
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    • pp.56-91
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    • 2015
  • This study examined changes in the independent production environment in the perspectives from flexible specialization of labor and media routines since January 2011, when comprehensive programming television channels (JTBC, MBN, Channel A, TV Chosun) emerged in Korea. In-depth interviews were conducted with thirteen individuals, including producers from independent production companies, broadcast writers, and individuals involved with these TV channels. The interview results indicated that a flexible specialization production system had been established by the comprehensive programming channels. This means that they were heavily dependent on independent producers, except in relations to their own news programs. Moreover, it was identified that the production of diverse programs could be difficult due to absurd contract practices such as those related to TV ratings and performance systems. Second, these channels have implemented some positive changes such as the payment of higher production costs and an incentive system, compared to terrestrial TV stations. However, the incentive system also helps to aggravate internal competition in the channel and also instigate contract competitions among independent companies, which can eventually result in the channels for holding exclusive rights to certain content and, hence, unfair business practices. Third, as a result of the newspaper and broadcast cross-owenership system of the comprehensive programming channels, hierarchical independent production practices can be established under the influence of newspaper proprietors and executives or managers who have previously worked for newspapers. Lastly, as a result of interviews with independent producers and individuals involved with the TV channels concerning the awareness of comprehensive programming channels, it could not be ascertained whether it is difficult to produce programs dealing with diverse items and genres, because programming autonomy has been distorted by capital or the advertisement market. In this circumstance, it is not surprising that some comprehensive programming channels mentioned that they prioritize profit and performance in programming. In conclusion, it is absolutely imperative that complementary and legal measures be implemented institutionally in order to redress the existing systematic dysfunctional routines in the independent productions of the comprehensive programming TV channels in Korea.

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Studies on the Preparation of Fruit Bases for Mixed Yoghurt -Changes in Texture of Fruit Fresh during Heat Treatment- (혼합(混合) 요구르트 과실기제(果實基製)의 가공(加工)에 관한 연구(硏究) -열처리과정중(熱處理過程中) 과실(果實)의 조질변화(組質變化)에 대(對)하여-)

  • Kim, Eun Joo;Choi, Woo Young
    • Korean Journal of Agricultural Science
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    • v.7 no.2
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    • pp.182-189
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    • 1980
  • This experiment was carried out to study on methods of processing the fruit base which is to be used for preparing the fruit yoghurts. Common fruits were compared and peach was chosen among them for this purpose by determing the rate of decrease in hardness during the process of cooking. The maturity, temperature of cooking and methods of peeling were tested to maintain the desirable hardness during the process, and the effects of metallic ion addition on the hardness of the flesh were also studied. The results obtained were as follows. 1. The peaches were keeping the most stable texture during cooking, among common fruits, however the hardness of apples were decreased markedly. Rate of decreases in the flesh hardness were high during the initial stages of cooking then slowered in all fruits tested. 2. Flesh hardness of the peaches were largely affected by the temperature of cooking. And the texture of freeze-stored fruits was severly damaged during thawing, so that could be used only for the limited purposes such as for stirred-type yoghurt. 3. Divalent matallic ions, especially calcium ion, were effective for supporting the flesh hardness of peaches during cooking. 4. The optimal concentration of calcium chloride addition was 0.3%, and this resulted in its final concentration in the product under the legal dosage without any subsquent changes in colour and flavor. 5. The effects of calcium chloride addition were greater in the froms of dices than in those of slices, and in overmature fleshs than in immature ones. 6. Treatment of calcium chloride by soaking the slices or dices of lye-peeled peaches in 0.3% solution was found to be adaptable for the practical process.

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Improvement on Management of Non-point Source Pollution for Reasonable Implementation of TMDL - Focusing on Selection of Non-point Source Pollution Management Region and Management of Non-point Source Pollutant - (수질오염총량관리제의 합리적인 시행을 위한 비점오염원관리 개선방안 - 비점오염원 관리지역 선정 및 비점오염물질 관리를 중심으로 -)

  • Yi, Sang-Jin;Kim, Young-Il
    • Journal of Korean Society of Environmental Engineers
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    • v.36 no.10
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    • pp.719-723
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    • 2014
  • For effective implementation of total maximum daily load (TMDL), this study presented the improving plans of non-point source pollution management including the classification of non-point source pollution, calculation of non-point source pollution load (generated, discharged), selection of non-point source pollution management regions and management of non-point source pollutant. First of all, the definition of point source pollution and non-point source pollution based on the legal and scientific viewpoint should be precisely classified and managed. Especially, the forest, grassland and river without occurrence of environmental damage by activity of business and human should be separately classified natural background pollutants. The unit for generated and discharged non-point source pollution should be preferentially changed according to actual condition of watershed. The calculation methods of generated and discharged non-point source pollution should be corrected consideration on the amount and duration of rainfall. While the TMDL is implemented, non-point source pollution management regions should be selected in the watersheds exceed the targeted water quality standards by the rainfall. The non-point source pollution management regions should be selected in the minimal regions where have high values of discharged non-point source pollution density in the urban area, farmland and site area except forest, grassland in the whole watershed. The non-point source pollutant treatment facilities, which take into consideration non-point source pollution load per unit area, duration of the excess concentration, realizable possibility of treatment, effectiveness of treatment cost versus point source pollutant, should be established in the regions with a large generated non-point source pollution load and a high concentration of water quality exceed the targeted water quality standards by the rainfall.

A Study on the Access in the Government Archives & Records Service of Korea (한국 정부기록보존소의 역사기록물 공개에 관한 검토)

  • Lee, Jin-Young
    • Journal of Korean Society of Archives and Records Management
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    • v.3 no.1
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    • pp.129-140
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    • 2003
  • The ultimate goal of preserving and maintaining the records is to use them practically. The effective use of records should be supported by the reasonable recordskeeping systems and access standards. In this report, I examined the Korean laws and administrative systems related to the public records access issues. After I pointed out major problems of the access laws, the Government Information Opening Act (GOIA), and the problems in practices, I suggested some alternatives for the betterment of the access system. The GIOA established "eight standards of exemption to access" not to open some information to protect national interests and privacy. The Public Records Management Act (PRMA) applies to the archives transferred to "professional archives." The two laws show fundamental differences in the ways to open the public records to public. First, the GIOA deals with the whole information (the records) that public institutions keep and maintain, while the PRMA deals with the records that were transferred to the Government Archives. Second, the GIOA provides with a legal procedure to open public records and the standards to open or not to open them, while the PRMA allows the Government Archives to decide whether the transferred records should be opened or not. Third, the GIOA applies to record producing agencies, while the PRMA applies to public archival institutions. One of the most critical inadequacies of the PRMA is that there are no standards to judge to open the archives through reclassification procedure. The GIOA also suggests only the type of information that is not accessible. It does not specify how long the records can be closed. The GARS does not include the records less than 30 years old as its objects of the reclassification. To facilitate the opening of the archives, we need to revise the GIOA and the PRMA. It is necessary to clearly divide the realms between the GIOA and the PRMA on the access of the archives. The PRMA should clarify the principles of the reclassification as well as reclassifying method and exceptions. The exemption standards of the GIOA should be revised to restrict the abuse of the exemption clauses, and they should not be applied to the archives in the GARS indiscreetly and unconditionally.

A Study on the Analysis of Difference between IT and Non-IT Companies on the Consumer Dispute Resolution System's Continuous Use Intention -Focusing on Korean Small and Medium Enterprises (소비자 분쟁처리시스템 지속사용의도에 대하여 IT기업과 비IT기업 간의 차이분석에 관한 연구 -한국 중소기업을 중심으로)

  • Jung, Soo-Yong;Shin, Yong-tae;Han, Jeong-Hoon;Lee, Sung-Hoon
    • Journal of Digital Convergence
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    • v.15 no.12
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    • pp.203-212
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    • 2017
  • This research analyzed the factors that have the influences on the intentions to use the consumer dispute settlement system for the small- and medium-sized corporations. The consumer dispute settlement system is a general Internet information portal service which enables the small- and medium-sized corporations and the small businesses receive the support for the accurate damage handling method and the legal service through the Internet in their disputes with the black consumers or the consumers. With the small- and medium-sized corporation users who use the consumer dispute settlement system as the subjects, the research took a lot at what influences the consumer dispute settlement system has on the quality of the information, the quality of the system, the ease-of-use regarding which the environmental factors are perceived, and the ease that was perceived and, finally, what influences it has on the intention of the use. The accuracy, the convenience, and the costs of the consumer dispute settlement system had the positive influences on the ease-of-use that was perceived and the accuracy and the convenience, also had the positive influences on the usefulness that was perceived. Also, it was verified that the ease-of-use of the consumer dispute settlement system that was perceived and the usefulness of use of the consumer dispute settlement system that was perceived finally had the positive influence relationships with the intention of the use. It is highly expected that if, based on the results of this research, the quality of the consumer dispute settlement system is maintained and supplemented to fit the priority order, there will be the maintenance of, and the development toward, a system that is even more improved than the previously existent system.

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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A Study on UAV and The Issue of Law of War (무인항공기의 발전과 국제법적 쟁점)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.3-39
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    • 2011
  • People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

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A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases - (우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.177-213
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    • 2011
  • The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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Proposal on the Creation of a New Space Organization for the Moon and Celestial Bodies' Exploitation (달과 천체 개발을 위한 새로운 우주기구의 창설에 관한 제안)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.161-198
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    • 2014
  • The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

The Legal Study of Prohibited Items on Aeroplane for the Aircraft Safety and Security (항공안전보장.질서유지를 위한 항공기반입금지 물품 관리.감독에 관한 입법적 개선방안)

  • Chang, In-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.33-66
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    • 2014
  • While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.