• Title/Summary/Keyword: Security Control

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A Sanitizer for Detecting Vulnerable Code Patterns in uC/OS-II Operating System-based Firmware for Programmable Logic Controllers (PLC용 uC/OS-II 운영체제 기반 펌웨어에서 발생 가능한 취약점 패턴 탐지 새니타이저)

  • Han, Seungjae;Lee, Keonyong;You, Guenha;Cho, Seong-je
    • Journal of Software Assessment and Valuation
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    • v.16 no.1
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    • pp.65-79
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    • 2020
  • As Programmable Logic Controllers (PLCs), popular components in industrial control systems (ICS), are incorporated with the technologies such as micro-controllers, real-time operating systems, and communication capabilities. As the latest PLCs have been connected to the Internet, they are becoming a main target of cyber threats. This paper proposes two sanitizers that improve the security of uC/OS-II based firmware for a PLC. That is, we devise BU sanitizer for detecting out-of-bounds accesses to buffers and UaF sanitizer for fixing use-after-free bugs in the firmware. They can sanitize the binary firmware image generated in a desktop PC before downloading it to the PLC. The BU sanitizer can also detect the violation of control flow integrity using both call graph and symbols of functions in the firmware image. We have implemented the proposed two sanitizers as a prototype system on a PLC running uC/OS-II and demonstrated the effectiveness of them by performing experiments as well as comparing them with the existing sanitizers. These findings can be used to detect and mitigate unintended vulnerabilities during the firmware development phase.

Control of Rattus norvegicus on Uninhabitable Islands - Case of Sasudo Island - (무인도에서 집쥐 개체군의 포획과 제어 - 제주 사수도의 사례 -)

  • Jun-Won Lee;Ga-Ram Kim;Seon-Mi Park;Sung-Hwan Choi;Young-Hun Jung;Hong-Shik Oh
    • Korean Journal of Environment and Ecology
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    • v.36 no.6
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    • pp.575-581
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    • 2022
  • Brown rats (Rattus norvegicusBerkenhout, 1769) were eradicated from Sasudo Island (33°55'13.04" N, 126°38'19.98" E), an uninhabited island designated as Natural Monument No. 333 and the largest breeding site for the streaked shearwater (Calonectris leucomelasTemminck, 1835) in South Korea. Twelve eradication studies were conducted from November 2015 to February 2021. The survey was conducted using a line census method that entailed slow wandering throughout the island and identifying starting and returning points. Capture traps were installed around traces of Rattus norvegicus,such as excrement and identified holes. As a result, 2 to 6 individuals were captured at each instance, except for the last time, when no individuals were captured. It is hypothesized that brown rats arrived at Sasudo Island via vessels arriving at the island for leisure and fishing. After the damage to streaked shearwater caused by brown rats was confirmed in 2006, entry to Sasudo Island was strictly prohibited through security measures, and marine clean-up programs that began in 2013 and continuous capturing since 2015 have been successful in eradicating brown rats. To maintain and manage the condition in Sasudo Island, preservation and management measures, such as strict visitor control, are necessary to prevent the inflow of new brown rats in the future.

Proposal for Research Model of High-Function Patrol Robot using Integrated Sensor System (통합 센서 시스템을 이용한 고기능 순찰 로봇의 연구모델 제안)

  • Byeong-Cheon Yoo;Seung-Jung Shin
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.24 no.3
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    • pp.77-85
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    • 2024
  • In this dissertation, a we designed and implemented a patrol robot that integrates a thermal imaging camera, speed dome camera, PTZ camera, radar, lidar sensor, and smartphone. This robot has the ability to monitor and respond efficiently even in complex environments, and is especially designed to demonstrate high performance even at night or in low visibility conditions. An orbital movement system was selected for the robot's mobility, and a smartphone-based control system was developed for real-time data processing and decision-making. The combination of various sensors allows the robot to comprehensively perceive the environment and quickly detect hazards. Thermal imaging cameras are used for night surveillance, speed domes and PTZ cameras are used for wide-area monitoring, and radar and LIDAR are used for obstacle detection and avoidance. The smartphone-based control system provides a user-friendly interface. The proposed robot system can be used in various fields such as security, surveillance, and disaster response. Future research should include improving the robot's autonomous patrol algorithm, developing a multi-robot collaboration system, and long-term testing in a real environment. This study is expected to contribute to the development of the field of intelligent surveillance robots.

Multivariate Characterization of Common and Durum Wheat Collections Grown in Korea using Agro-Morphological Traits

  • Young-ah Jeon;Sun-Hwa Kwak;Yu-Mi Choi;Hyemyeong Yoon;Myoung-Jae Shin;Ho-Sun Cheon;Sieun Choi;Youngjun Mo;Chon-Sik Kang;Kebede Taye Desta
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.68 no.4
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    • pp.343-370
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    • 2023
  • Developing improved wheat varieties is vital for global food security to meet the rising demand for food. Therefore, assessing the genetic diversity across wheat genotypes is crucial. This study examined the diversity of 168 durum wheat and 47 common wheat collections from 54 different countries using twelve agro-morphological parameters. Geumgang, a prominent Korean common wheat variety, was used as a control. Both qualitative and quantitative agronomical characteristics showed wide variations. Most durum wheats were shown to possess dense spikes (90%), while common wheats showed dense (40%) or loose (38%) spikes, with yellowish-white being the dominant spike color. The majority of the accessions were awned regardless of wheat type, yellowish-white being the main awn color. White or red kernels were produced, with white kernels dominating in both common (74%) and durum (79%) wheats. Days to heading (DH) and days to maturity (DM) were in the ranges of 166-215 and 208-250 days, respectively, while the culm length (CL), spike length (SL), and awn length (AL) were in the ranges of 53.67-163, 5.33-18.67, and 0.50-19.00 cm, respectively. Durum wheats possessed the shortest average DH, DM, and SL, while common wheat had the longest CL and AL (p < 0.05). Common wheats also exhibited the highest average one-thousand-kernel weight. Hierarchical cluster analysis, aided by principal component analysis, grouped the population into seven clusters with significant differences in their quantitative variables (p < 0.05). In conclusion, this research revealed diversity among common and durum wheat genotypes. Notably, 26 durum wheat and 17 common wheat accessions outperformed the control, offering the potential for developing early-maturing, high-yielding, and lodging-resistant wheat varieties.

The lesson From Korean War (한국전쟁의 교훈과 대비 -병력수(兵力數) 및 부대수(部隊數)를 중심으로-)

  • Yoon, Il-Young
    • Journal of National Security and Military Science
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    • s.8
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    • pp.49-168
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    • 2010
  • Just before the Korean War, the total number of the North Korean troops was 198,380, while that of the ROK(Republic of Korea) army troops 105,752. That is, the total number of the ROK army troops at that time was 53.3% of the total number of the North Korean army. As of December 2008, the total number of the North Korean troops is estimated to be 1,190,000, while that of the ROK troops is 655,000, so the ROK army maintains 55.04% of the total number of the North Korean troops. If the ROK army continues to reduce its troops according to [Military Reform Plan 2020], the total number of its troops will be 517,000 m 2020. If North Korea maintains the current status(l,190,000 troops), the number of the ROK troops will be 43.4% of the North Korean army. In terms of units, just before the Korean War, the number of the ROK army divisions and regiments was 80% and 44.8% of North Korean army. As of December 2008, North Korea maintains 86 divisions and 69 regiments. Compared to the North Korean army, the ROK army maintains 46 Divisions (53.4% of North Korean army) and 15 regiments (21.3% of North Korean army). If the ROK army continue to reduce the military units according to [Military Reform Plan 2020], the number of ROK army divisions will be 28(13 Active Division, 4 Mobilization Divisions and 11 Local Reserve Divisions), while that of the North Korean army will be 86 in 2020. In that case, the number of divisions of the ROK army will be 32.5% of North Korean army. During the Korean war, North Korea suddenly invaded the Republic of Korea and occupied its capital 3 days after the war began. At that time, the ROK army maintained 80% of army divisions, compared to the North Korean army. The lesson to be learned from this is that, if the ROK army is forced to disperse its divisions because of the simultaneous invasion of North Korea and attack of guerrillas in home front areas, the Republic of Korea can be in a serious military danger, even though it maintains 80% of military divisions of North Korea. If the ROK army promotes the plans in [Military Reform Plan 2020], the number of military units of the ROK army will be 32.5% of that of the North Korean army. This ratio is 2.4 times lower than that of the time when the Korean war began, and in this case, 90% of total military power should be placed in the DMZ area. If 90% of military power is placed in the DMZ area, few troops will be left for the defense of home front. In addition, if the ROK army continues to reduce the troops, it can allow North Korea to have asymmetrical superiority in military force and it will eventually exert negative influence on the stability and peace of the Korean peninsular. On the other hand, it should be reminded that, during the Korean War, the Republic of Korea was attacked by North Korea, though it kept 53.3% of troops, compared to North Korea. It should also be reminded that, as of 2008, the ROK army is defending its territory with the troops 55.04% of North Korea. Moreover, the national defense is assisted by 25,120 troops of the US Forces in Korea. In case the total number of the ROK troops falls below 43.4% of the North Korean army, it may cause social unrest about the national security and may lead North Korea's misjudgement. Besides, according to Lanchester strategy, the party with weaker military power (60% compared to the party with stronger military power) has the 4.1% of winning possibility. Therefore, if we consider the fact that the total number of the ROK army troops is 55.04% of that of the North Korean army, the winning possibility of the ROK army is not higher than 4.1%. If the total number of ROK troops is reduced to 43.4% of that of North Korea, the winning possibility will be lower and the military operations will be in critically difficult situation. [Military Reform Plan 2020] rums at the reduction of troops and units of the ground forces under the policy of 'select few'. However, the problem is that the financial support to achieve this goal is not secured. Therefore, the promotion of [Military Reform Plan 2020] may cause the weakening of military defence power in 2020. Some advanced countries such as Japan, UK, Germany, and France have promoted the policy of 'select few'. However, what is to be noted is that the national security situation of those countries is much different from that of Korea. With the collapse of the Soviet Unions and European communist countries, the military threat of those European advanced countries has almost disappeared. In addition, the threats those advanced countries are facing are not wars in national level, but terrorism in international level. To cope with the threats like terrorism, large scaled army trops would not be necessary. So those advanced European countries can promote the policy of 'select few'. In line with this, those European countries put their focuses on the development of military sections that deal with non-military operations and protection from unspecified enemies. That is, those countries are promoting the policy of 'select few', because they found that the policy is suitable for their national security environment. Moreover, since they are pursuing common interest under the European Union(EU) and they can form an allied force under NATO, it is natural that they are pursing the 'select few' policy. At present, NATO maintains the larger number of troops(2,446,000) than Russia(l,027,000) to prepare for the potential threat of Russia. The situation of japan is also much different from that of Korea. As a country composed of islands, its prime military focus is put on the maritime defense. Accordingly, the development of ground force is given secondary focus. The japanese government promotes the policy to develop technology-concentrated small size navy and air-forces, instead of maintaining large-scaled ground force. In addition, because of the 'Peace Constitution' that was enacted just after the end of World War II, japan cannot maintain troops more than 240,000. With the limited number of troops (240,000), japan has no choice but to promote the policy of 'select few'. However, the situation of Korea is much different from the situations of those countries. The Republic of Korea is facing the threat of the North Korean Army that aims at keeping a large-scale military force. In addition, the countries surrounding Korea are also super powers containing strong military forces. Therefore, to cope with the actual threat of present and unspecified threat of future, the importance of maintaining a carefully calculated large-scale military force cannot be denied. Furthermore, when considering the fact that Korea is in a peninsular, the Republic of Korea must take it into consideration the tradition of continental countries' to maintain large-scale military powers. Since the Korean War, the ROK army has developed the technology-force combined military system, maintaining proper number of troops and units and pursuing 'select few' policy at the same time. This has been promoted with the consideration of military situation in the Koran peninsular and the cooperation of ROK-US combined forces. This kind of unique military system that cannot be found in other countries can be said to be an insightful one for the preparation for the actual threat of North Korea and the conflicts between continental countries and maritime countries. In addition, this kind of technology-force combined military system has enabled us to keep peace in Korea. Therefore, it would be desirable to maintain this technology-force combined military system until the reunification of the Korean peninsular. Furthermore, it is to be pointed out that blindly following the 'select few' policy of advanced countries is not a good option, because it is ignoring the military strategic situation of the Korean peninsular. If the Republic of Korea pursues the reduction of troops and units radically without consideration of the threat of North Korea and surrounding countries, it could be a significant strategic mistake. In addition, the ROK army should keep an eye on the fact the European advanced countries and Japan that are not facing direct military threats are spending more defense expenditures than Korea. If the ROK army reduces military power without proper alternatives, it would exert a negative effect on the stable economic development of Korea and peaceful reunification of the Korean peninsular. Therefore, the desirable option would be to focus on the development of quality of forces, maintaining proper size and number of troops and units under the technology-force combined military system. The tableau above shows that the advanced countries like the UK, Germany, Italy, and Austria spend more defense expenditure per person than the Republic of Korea, although they do not face actual military threats, and that they keep achieving better economic progress than the countries that spend less defense expenditure. Therefore, it would be necessary to adopt the merits of the defense systems of those advanced countries. As we have examined, it would be desirable to maintain the current size and number of troops and units, to promote 'select few' policy with increased defense expenditure, and to strengthen the technology-force combined military system. On the basis of firm national security, the Republic of Korea can develop efficient policies for reunification and prosperity, and jump into the status of advanced countries. Therefore, the plans to reduce troops and units in [Military Reform Plan 2020] should be reexamined. If it is difficult for the ROK army to maintain its size of 655,000 troops because of low birth rate, the plans to establish the prompt mobilization force or to adopt drafting system should be considered for the maintenance of proper number of troops and units. From now on, the Republic of Korean government should develop plans to keep peace as well as to prepare unexpected changes in the Korean peninsular. For the achievement of these missions, some options can be considered. The first one is to maintain the same size of military troops and units as North Korea. The second one is to maintain the same level of military power as North Korea in terms of military force index. The third one is to maintain the same level of military power as North Korea, with the combination of the prompt mobilization force and the troops in active service under the system of technology-force combined military system. At present, it would be not possible for the ROK army to maintain such a large-size military force as North Korea (1,190,000 troops and 86 units). So it would be rational to maintain almost the same level of military force as North Korea with the combination of the troops on the active list and the prompt mobilization forces. In other words, with the combination of the troops in active service (60%) and the prompt mobilization force (40%), the ROK army should develop the strategies to harmonize technology and forces. The Korean government should also be prepared for the strategic flexibility of USFK, the possibility of American policy change about the location of foreign army, radical unexpected changes in North Korea, the emergence of potential threat, surrounding countries' demand for Korean force for the maintenance of regional stability, and demand for international cooperation against terrorism. For this, it is necessary to develop new approaches toward the proper number and size of troops and units. For instance, to prepare for radical unexpected political or military changes in North Korea, the Republic of Korea should have plans to protect a large number of refugees, to control arms and people, to maintain social security, and to keep orders in North Korea. From the experiences of other countries, it is estimated that 115,000 to 230,000 troops, plus ten thousands of police are required to stabilize the North Korean society, in the case radical unexpected military or political change happens in North Korea. In addition, if the Republic of Korea should perform the release of hostages, control of mass destruction weapons, and suppress the internal wars in North Korea, it should send 460,000 troops to North Korea. Moreover, if the Republic of Korea wants to stop the attack of North Korea and flow of refugees in DMZ area, at least 600,000 troops would be required. In sum, even if the ROK army maintains 600,000 troops, it may need additional 460,000 troops to prepare for unexpected radical changes in North Korea. For this, it is necessary to establish the prompt mobilization force whose size and number are almost the same as the troops in active service. In case the ROK army keeps 650,000 troops, the proper number of the prompt mobilization force would be 460,000 to 500,000.

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Landscape Assessment and Improvement of the View Area by Selecting the Landscape Control Point (조망점 선정을 통한 대상지의 경관가치 평가 및 개선방안)

  • Kim, Jin-Hyo;Lee, Hyun-Taek;Ra, Jung-Hwa;Cho, Hyun-Ju;SaGong, Jung-Hee
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.5
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    • pp.19-32
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    • 2012
  • The purpose of this study is to quantitatively measure the view target and the view area through the selection of landscape control point by selecting Jimyeong-dong Dong-gu and Yeongyeong-dong Buk-gu Daegu, which are planned as the large scale housing complex development area, as the target places. It is very meaningful that from the simulation based on this measurement, the improvement methods are attempted to be suggested at the project level. The results of this study are as follows. First, the total number of viewing targets derived from the literature analysis for the selection of the viewing targets was 24, and finally derived main viewing targets were 4 places. Second, the total number of selection criteria of the derived landscape control point was 15, and these were re-categorized as prospect, accessibility and publicness according to the common property. The preliminary LCPs were selected by measuring the publicness and accessibility, and because of the said measurement, a total of 43 preliminary LCPs were selected. The final LCPs were selected by estimating the prospect of the selected preliminary LCPs, and as a result of estimation, a total of 29 final LCPs were selected. Finally, the total number of evaluation indicators derived from literature analysis was 26. Because of the valuation by the landscape control point, it was found that the 2 view areas were the I grade, 3 areas were II grade and 3 areas were the V grade, the lowest grade among 29 view areas. From the analysis on problems for the improvement methods, 4 improvement-indicators including the diversity of land mosaic were selected for the view area-1 without considering the development project drawing. In addition, for the view area-2 with considering the development project drawing, the landscape as the scenery forests was well formed, and the arrangement of architectures for the security of view corridor was right angle arrangement, and their floor number was 10.

Comparative Analysis of Freshwater Fish Species in Civilian Control Zone in South Korea: A Comparison between Direct Survey Results and Indirect Assessment via eDNA (우리나라 민간인통제구역 내 수계 어류에 대한 비교분석: 직접조사 결과와 eDNA를 통한 간접조사 결과 비교)

  • Soon-Jae Eum;Naeyoung Kim;Min-A Seol;Ji Young Kim
    • Korean Journal of Ichthyology
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    • v.35 no.4
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    • pp.224-235
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    • 2023
  • South Korea is the only divided nation globally, marked by a military demarcation line establishing demilitarized and civilian control zones, ensuring national security. Consequently, these areas exhibit relatively minimal ecological disruption compared to other regions. However, the threat to safety persists due to the presence of unexploded ordnances and landmines, imposing significant constraints on ecological research. To address this, we conducted a comparative study utilizing eDNA analysis as a supplementary and alternative approach within three points of the "Road of Peace" - Inje, Yanggu, and Hwacheon courses, located within the civilian control zone. Direct surveys and indirect eDNA sampling were carried out in May, July, and September of 2022. Genetic material obtained from the samples underwent amplification, library preparation, MiSeq sequencing, and subsequent ASV generation for indirect analysis. These results were then compared with the findings of direct surveys. Our findings revealed the detection of eDNA for both observed species at the Yanggu-1 point, and for two out of four species at Yanggu-2. Hwacheon-1 displayed the detection of eDNA for one out of one observed species, whereas Hwacheon-2 yielded seven out of twelve, Hwacheon-3 showed four out of six, and all one observed species at Hwacheon-4 exhibited eDNA detection. Consequently, approximately 69% of the fish species identified through direct surveys were confirmed by indirect eDNA analysis. It is necessary to verify if certain fish species, such as the continental trout and catfish, have genetic information registered in the NCBI database. Additionally, it is believed that further marker development research utilizing different genetic sequences is essential. Given the limitations imposed by the hazardous nature of the surveyed civilian control zone, eDNA analysis proves to be a suitable supplement for fish research in the area.

Effect of the Suicide Prevention Program to the Impulsive Psychology of the Elementary School Student (자살예방 프로그램이 초등학교 충동심리에 미치는 영향)

  • Kang, Soo Jin;Kang, Ho Jung;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.6 no.1
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    • pp.65-72
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    • 2013
  • In this study, the early suicide prevention program was applied to the elementary school students and compared the prior & post effect of the program, and verified the status of psychology change like emotional status, or temptation to take a suicide, and presented the possibility as a suicide prevention program. The period of adolescence is the very unstable period in the process of growth being cognitively immature, emotionally impulsive period. It is the period emotionally unstable and unpredictable possible to select the method of suicide as an extreme method to escape the reality, or impulsive problem solving against small conflict or dispute situation. Many stress of the student such as recent nuclear family, expectation of parents to their children, education problem, socio-environmental elements, individual psychological factor lead students to the extreme activity of suicide in recent days. In this study, the scope of stress experienced in the elementary school as well as idea and degree of temptation regarding suicide by the suicide prevention program were identified, and through prevention program such as meditation training, breath training and through experience of anger control, emotion-expression, self overcome and establish positive self-identity and make understanding Self-control, Self-esteem & preciousness of life based on which the effect to suicide prevention was analyzed. The study was made targeting 51 students of 2 classes of 6th grade of elementary school of Goyang-si and processed 30 minutes every morning focused on through experience & activity of the principle & method of brain science. The data was collected for 20 times before starting morning class by using Suicide Probability Scale(herein SPS-A) designed to predict effectively suicide Probability, suicide risk prediction scale, surveyed by 7 areas such as Positive outlook, Within the family closeness, Impulsivity, Interpersonal hostility, Hopelessness, Hopelessness syndrome, suicide accident. Analytical methods and validation was used the Wilcoxon's signed rank test using SPSS Program. Though the process of program in short period, but there was a effective and positive results in the 7 areas in the average comparison. But in the t-test result, there was a different outcome. It indicated changes in the 3 questionnaires (No.7, No.14, No.19) out of 31 SPS-A questionnaires, and there was a no change to the rest item. It also indicated more changes of the students in the class A than class B. And in case of the class A students, psychological changes were verified in the areas of Hopelessness syndrome, suicide accident among 7 areas after the program was processed. Through this study, it could be verified that different results could be derived depending on the Student tendency, program professional(teacher in charge, processing lecturer). The suicide prevention program presented in this article can be a help in learning and suicide prevention with consistent systematization, activation through emotion and impulse control based on emotional stress relief and positive self-identity recovery, stabilization of brain waves, and let the short period program not to be died out but to be continued connecting from childhood to adolescence capable to make surrounding environment for spiritual, physical healthy growth for which this could be an effective program for suicide prevention of the social problem.

Estimation of Uranium Particle Concentration in the Korean Peninsula Caused by North Korea's Uranium Enrichment Facility (북한 우라늄 농축시설로 인한 한반도에서의 공기중 우라늄 입자 농도 예측)

  • Kwak, Sung-Woo;Kang, Han-Byeol;Shin, Jung-Ki;Lee, Junghyun
    • Journal of Radiation Protection and Research
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    • v.39 no.3
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    • pp.127-133
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    • 2014
  • North Korea's uranium enrichment facility is a matter of international concern. It is of particular alarming to South Korea with regard to the security and safety of the country. This situation requires continuous monitoring of the DPRK and emergency preparedness on the part of the ROK. To assess the detectability of an undeclared uranium enrichment plant in North Korea, uranium concentrations in the air at both a short and a long distance from the enrichment facility were estimated. $UF_6$ source terms were determined by using existing information on North Korean facility and data from the operation experience of enrichment plants from other countries. Using the calculated source terms, two atmospheric dispersion models (Gaussian Plume Model and HYSPLIT models) and meteorological data were used to estimate the uranium particle concentrations from the Yongbyon enrichment facility. A maximum uranium concentration and its location are dependent upon the meteorological conditions and the height of the UF6 release point. This study showed that the maximum uranium concentration around the enrichment facility was about $1.0{\times}10^{-7}g{\cdot}m^{-3}$. The location of the maximum concentration was within about 0.4 km of the facility. It has been assumed that the uranium sample of about a few micrograms (${\mu}g$) could be obtained; and that few micrograms of uranium can be easily measured with current measurement instruments. On the contrary, a uranium concentration at a distance of more than 100 kilometers from the enrichment facility was estimated to be about $1.0{\times}10^{-13}{\sim}1.0{\times}10^{-15}g{\cdot}m^{-3}$, which is less than back-ground level. Therefore, based on the results of our paper, an air sample taken within the vicinity of the Yongbyon enrichment facility could be used to determine as to whether or not North Korea is carrying out an undeclared nuclear program. However, the air samples taken at a longer distance of a few hundred kilometers would prove difficult in detecting a clandestine nuclear activities.

'Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement (항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로)

  • Park, Hyun-Jin
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.1
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    • pp.38-53
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    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

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