• Title/Summary/Keyword: Maritime Crime

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The Changing Aspects of North Korea's Terror Crimes and Countermeasures : Focused on Power Conflict of High Ranking Officials after Kim Jong-IL Era (북한 테러범죄의 변화양상에 따른 대응방안 -김정일 정권 이후 고위층 권력 갈등을 중심으로)

  • Byoun, Chan-Ho;Kim, Eun-Jung
    • Korean Security Journal
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    • no.39
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    • pp.185-215
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    • 2014
  • Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

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Analysis of Total Crime Count Data Based on Spatial Association Structure (공간적 연관구조를 고려한 총범죄 자료 분석)

  • Choi, Jung-Soon;Park, Man-Sik;Won, Yu-Bok;Kim, Hag-Yeol;Heo, Tae-Young
    • The Korean Journal of Applied Statistics
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    • v.23 no.2
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    • pp.335-344
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    • 2010
  • Reliability of the estimation is usually damaged in the situation where a linear regression model without spatial dependencies is employed to the spatial data analysis. In this study, we considered the conditional autoregressive model in order to construct spatial association structures and estimate the parameters via the Bayesian approaches. Finally, we compared the performances of the models with spatial effects and the ones without spatial effects. We analyzed the yearly total crime count data measured from each of 25 districts in Seoul, South Korea in 2007.

India's Maritime-Security Strategy: Pretext, Context and Subtext (인도의 해상 안보 전략: 구실, 맥락 및 숨은 의미)

  • Khurana, Gurpreet S
    • Maritime Security
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    • v.4 no.1
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    • pp.1-56
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    • 2022
  • Why has India become a key actor in the maritime-configured Indo-Pacific region? There are some external factors, but for India, its geo-strategic frontier encompassing its geopolitical and maritime interests is expanding rapidly beyond its territorial space across both the Indian and Pacific oceans amidst an increasingly arduous geopolitical and security environment. India must, therefore, acquire the ability to influence events within this strategic arena using all facets of national power, including maritime-military power. Lately, therefore, New Delhi has invested much intellectual capital to review its maritime-security strategy. India's new strategy is premised on the concept of holistic security involving the 'softer' aspects of maritime-security, and a rekindling of maritime consciousness in India, a nation that has traditionally been beset by 'sea-blindness'. The strategy adopts a region-wide, inclusive, and a more proactive approach than hitherto, as is evident in its title 'Ensuring Secure Seas: Indian Maritime Security Strategy'. While it deals with the growing concern of new non-traditional threats in the Indian littoral and the need for military deterrence and preparedness, it also addresses the imperatives for India to seek a favorable and rules-based benign environment in its immediate and extended maritime periphery, including through multi-vectored strategic partnerships dictated by its enduring principle of strategic autonomy. For a more profound and comprehensive understanding of India's maritime-security strategy, this paper examines the key unstated and implicit factors that underpin the strategy. These include India's historical and cultural evolution as a nation; its strategic geography; its geopolitical and security perceptions; and the political directions to its security forces. The paper deals specifically with India's response to maritime threats ranging from natural disasters, crime and state-sponsored terrorism to those posed by Pakistan and China, as well as the Indian Navy's envisaged security role East of the Malacca Straits. It also analyzes the aspects of organizational restructuring and force planning of India's maritime-security forces.

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Analysis of Violent Crime Count Data Based on Bivariate Conditional Auto-Regressive Model (이변량 조건부자기회귀모형을이용한강력범죄자료분석)

  • Choi, Jung-Soon;Park, Man-Sik;Won, Yu-Bok;Kim, Hag-Yeol;Heo, Tae-Young
    • Communications for Statistical Applications and Methods
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    • v.17 no.3
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    • pp.413-421
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    • 2010
  • In this study, we considered bivariate conditional auto-regressive model taking into account spatial association as well as correlation between the two dependent variables, which are the counts of murder and burglary. We conducted likelihood ratio test for checking over-dispersion issues prior to applying spatial poisson models. For the real application, we used the annual counts of violent crimes at 25 districts of Seoul in 2007. The statistical results are visually illustrated by geographical information system.

A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

Empirical Study on the Performance Analysis and Function of Jindo Coastal Vessel Traffic Service (진도 연안VTS의 성과 분석 및 기능에 관한 실증적 연구)

  • Jeong, Jae-Yong;Jung, Cho-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.4
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    • pp.308-315
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    • 2012
  • Hebei Spirit Oil Spill that happened in 2007 had prompted the need of revisiting the coastal safety. In response to this, Korea had made an effort to implement VTS in every coastline in the country. There are a lot of theoretical studies on VTS function nowadays, but coastal VTS are less frequently studied. In this paper, performance analysis results and accident prevention activities of Jindo Coastal VTS center were summarized and the Coastal VTS function are investigated. Jindo Coastal VTS covers relatively wide area and various places with various maritime traffic characteristics are the major navigation vessels, which means that it is important to control these vessels. Since the probability of accidents due to human error is relatively high in coastal area due to negligence tendency of crews during coastal area navigation, coastal VTS has to provide sufficient assistance to navigating vessels. Like most harbour VTS, Coastal VTS provides not only main information service, navigational assistance and traffic organization services but also various services related with advanced search-and-rescue assistance, marine national security, maritime crime prevention, oil spill response, traffic services for non-service vessel, and safety supervision for water leisure boats.

A Study on Improvement Plan of Training System for the Specialization of Port Security Guard (항만보안 인력의 전문화를 위한 교육시스템 개선방안)

  • Lee, Jung Hun;Lee, Min Hyung;Kim, Sung Woo
    • Convergence Security Journal
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    • v.14 no.6_1
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    • pp.13-21
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    • 2014
  • It is needless to say that the port security is very important owing to the geographic setting of Korea and the possibility of the provocation by North Korea. In addition, The security management is necessary for the port and the domain of maritime to block the inflow from overseas because of the increase of international crime as terrorism. The training system for port security guard should be constructed to secure the specialization of the manpower for the efficient port security management. But the training system of port security manpower is not unified and the training is not carried out, therefore it is necessary to improve the training system of port security manpower. In this study, the improvement plan of training system is suggested as follows. First, the unification of the legislation of port security should achieved to establish the guidance of training for port security guard. Second, the specialized training per activities should be done. And lastly, the qualification system should be introduced for the specialization of port security manpower.

A study on procedures of search and seize in digital data

  • Kim, Woon Go
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.2
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    • pp.133-139
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    • 2017
  • Today, the activities of individuals and corporations are dependent not only on digital technology but also on the future of society, which is referred to as the fourth industrial revolution. Since the traces that arise from the crimes that occur in the digital society are also inevitably developed into a society that should be found in the digital, the judicial dependence of judging by the digital evidence is inevitably increased in the criminal procedure. On the other hand, considering the fact that many users are using virtual shared computing resources of service providers considering the fact that they are being converted into a cloud computing environment system, searching for evidence in cloud computing resources is not related to crime. The possibility of infringing on the basic rights of the criminal procedure is increased, so that the ability of evidence of digital data which can be used in the criminal procedure is limited. Therefore, considering these two aspects of digital evidence, this point should be fully taken into account in judging the evidence ability in the post-seizure warrant issuance and execution stage as well as the pre-emptive control. There is a view that dictionary control is useless, but it needs to be done with lenient control in order to materialize post-modern control through judging ability of evidence. In other words, more efforts are needed than ever before, including legislation to ensure proper criminal procedures in line with the digital age.

Loss of Lives caused by Ship Accidents and Corporate Criminal Liability (해양 선박사고로 인한 인명피해와 기업의 형사책임 - 영미의 사례 및 세월호 침몰사건과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.6
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    • pp.721-729
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    • 2014
  • The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

A Study on Port's Influence over 'Quality of Life' in Sea Port Cities - Compare China Dalian Port with Busan Port - (해항도시의 삶의 질에 대한 항만의 영향력 분석 - 중국 대련항과 부산항의 비교분석 -)

  • Kim, Sang-Goo
    • Journal of Navigation and Port Research
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    • v.36 no.6
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    • pp.481-488
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    • 2012
  • As an exploratory research to understand the nature of relationships between ports and their neighboring communities, this study analyzes how ports influence their residents' quality of life(QOL). The QOL was measured by 17 indicators reconstructed by reviewing relevant literatures. As a result, both Busan port and Dalian port were found to have statistically significant influence on many of QOL indicators including general expenditure per capita, number of manufacturing factories per capita, number of factories's laborer per capita, the rate of pavement, number of traffic accident per capita, rate of housing supply, number of financial agencies per capita, park area per capita, number of cultural assets per capita, the size of welfare expenditure per capita, number of fire occurrence per capita. And Busan port have statistically significant influence on QOL indicators including the rate of increase in population, number of public health industries per capita, number of public health industries per capita, number of schools per capita, number of sick-beds per capita, but Dalian port not have influence. Also Dalian port have statistically significant influence on number of crime occurrence per capita, but Busan port not have influence.