• Title/Summary/Keyword: Security law

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

The Problem of Space Debris and the Environmental Protection in Outer Space Law (우주폐기물과 지구 및 우주환경의 보호)

  • Lee, Young Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.205-237
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    • 2014
  • Last 50 years there were a lot of space subjects launched by space activities of many states and these activities also had created tremendous, significant space debris contaminating the environment of outer space. The large number of space debris which are surrounding the earth have the serious possibilities of destroying a satellite or causing huge threat to the space vehicles. For example, Chinese anti-satellite missile test was conducted by China on January 11, 2007. As a consequence a Chinese weather satellite was destroyed by a kinetic kill vehicle traveling with a speed of 8 km/s in the opposite direction. Anti-satellite missile tests like this,contribute to the formation of enormous orbital space debris which can remain in orbit for many years and could interfere with future space activity (Kessler Syndrome). The test is the largest recorded creation of space debris in history with at least 2,317 pieces of trackable size (golf ball size and larger) and an estimated 150,000 debris particles and more. Several nations responded negatively to the test and highlighted the serious consequences of engaging in the militarization of space. The timing and occasion aroused the suspicion of its demonstration of anti-satellite (ASAT) capabilities following the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris. Therefore this breakup seemed to serve as a momentum of the UN Space Debris Mitigation Guidelines and the background of the EU initiatives for the International Code of Conduct for Outer Space Activities. The UN Space Debris Mitigation Guidelines thus adopted contain many technical elements that all the States involved in the outer space activities are expected to observe to produce least space debris from the moment of design of their launchers and satellites until the end of satellite life. Although the norms are on the voluntary basis which is normal in the current international space law environment where any attempt to formulate binding international rules has to face opposition and sometimes unnecessary screening from many corners of numerous countries. Nevertheless, because of common concerns of space-faring countries, the Guidelines could be adopted smoothly and are believed faithfully followed by most countries. It is a rare success story of international cooperation in the area of outer space. The EU has proposed an International Code of Conduct for Outer Space Activities as a transparency and confidence-building measure. It is designed to enhance the safety, security and sustainability of activities in outer space. The purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security. Of the space issues, the space debris reduction and the space traffic management require some urgent attention. But the current legal instruments of the outer space do not have any binding rules to be applied thereto despite the incresing activities on the outer space. We need to start somewhere sometime soon before it's too late with the chaotic situation. In this article, with a view point of this problem, focused on the the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris and tried to analyse the issues of space debris reduction.

Review on the Cooperative Policing System in Japan (일본의 민경협력치안제도에 대한 고찰 및 시사점)

  • Kim, Gyoo-Sik;Choi, Eung-Ryul
    • Korean Security Journal
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    • no.36
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    • pp.29-55
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    • 2013
  • In modern society, citizen's expectation about policing levels have been rising over time and it limited resources of the police to deal with the security services are insufficient. Until now, the state monopoly of the police activity was changing to subject of a variety in cooperation with public security system. The citizens considers community not the destination to police enforce the law but space for effective policing partners. Japanese police focus on cooperation oriented policing to strengthen the police and local residents with crime prevention for a long time. Also, the community through a variety of problem-solving policing activities to identify problems such as anxiety and anguish of the people. The legal basis for cooperative policing activity is that Nagaoka city crime prevention regulation in 1979. In recent years, Tokyo local government legislated the safe town development regulations(東京都安全 安心まちづくり條例) and set up the hot-spot area to promote the safety of public facilities. Cooperative policing not police intervention for crime prevention but national policy for the city reclamation in Japan. Police as well as the Ministry of Land and Transport, Ministry of Justice, Ministry of Education, Prime Minister and all government departments thread safe city, crime prevention, and has been working to make the safe city. Japan's cooperative policing is a system that receives the most attention and greater implications.

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A Comparative Study on Private Investigators in the United Kingdom and South Korea - Focusing on the Missing Person Investigation System - (영국과 한국의 민간조사원 비교 연구 - 실종자 조사시스템을 중심으로 -)

  • Kwak, Minjun;Choi, Yeon-Jun;NamKung, Lock
    • Korean Security Journal
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    • no.59
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    • pp.189-215
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    • 2019
  • As modern society has become specialised and complex in all areas of politics, economy and society, it has reached a point where it is difficult to control crime with the general public power. Private security, which began to fluctuate after the 19th century, has expanded its scope to subsidise public power in various areas, sometimes beyond public power. Among these private security activities, the private investigate system has long been used to provide private investigate services that are safe from personal human rights protection and crimes. This study investigate the private investigation system in the United Kingdom and South Korea focusing on the missing person investigation system by using the qualitative content analysis of research methods. First, the results of the qualitative content analysis are described through methods such as literature reviews and interviews on how the British private investigation system and the missing persons search system are implemented. Next, the results of the content analysis are presented through the methods of literature reviews and questionnaires on how the implementation of the civilian survey in Korea and the search for missing people is proceeding. It is a very important field in both countries, and there is a very limited study, especially from a Korean perspective. Therefore, it is expected that this study will not only facilitate discussions for the successful legalisation of the private research system, but also provides a basic foundation for future research. The study of the private research system should be ongoing and periodic, not temporary. In addition, in order to introduce Korea's private survey system, the private investigation system should be developed by discovering the problems of the Private Investigation Law mentioned in this study and collecting opinions from citizens, academics and related institutions. The introduction of the private investigation system requires the connection of the efforts and interests of citizens, academia and related institutions.

A study on Private Investigation System (Detective System) issues and policy alternative (민간조사제도(탐정제도) 쟁점 분석 및 정책적 대안)

  • Noh, Jin Geo;Jeang, Il Hong
    • Convergence Security Journal
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    • v.16 no.6_2
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    • pp.61-71
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    • 2016
  • In this study, Private investigation in South Korea, while gone through so far of politics, the process of social change, a positive feature, without evolve, insufficient growth and security services of the business burden of national judicial institutions, detective industry international of the negative vicious circle, such as the acquisition of drop and expedient information of competitiveness is continuously induced it is a reality. It is, therefore, to the proposal, such as the following. First, it must be able to use the term "detective". Secondly, in order to verify the validity of this system, after introducing the first private sphere, in accordance with the stepwise its necessity, it is desirable to extend the operational range of the public area. Third, to have a country of qualification to private research workers, will be managed directly from the country is ideal. Fourth, we must also seek plan to specialize the designated educational institution as a commissioned education institution to institution with a faculty and facilities that are specialized. Fifth, the National Police Agency must manage and supervise the private investigation business. Sixth, the legislative form to amend the current security law, as a kind of private security, must be introduced by adding a private trillion business. Therefore, in order to complement the limitation of such studies, additional subsequent research has if it is not carried out.

Counter-Terrorism Policy of Mongolia: Raising Awareness on Terrorism (몽골의 대테러 정책: 테러인식 제고)

  • Urangoo, Khash-Erdene;Lee, Ju-Lak
    • Korean Security Journal
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    • no.60
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    • pp.155-173
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    • 2019
  • This study touches upon the challenges of globalization, in which terrorism is one of the most brutal forms of criminal violence targeting innocent people. No country is immune from terrorist attacks, and no person is immune from becoming a victim. Interest in this topic is increasing as terrorism, in all its forms and manifestations, in its scale and intensity, and in its inhumanity and cruelty, is now becoming one of the most acute and pressing problems of global importance. Legal regulations passed in Mongolia in 2004 have established a structure to prevent and detect terrorist threats. However, the country's anti-terrorism policy should be improved with respect to its global counter-terrorism strategy. Because Mongolia is a comparatively safe country in the region, the people do not consider terrorism to be a real threat. This study aims to suggest methods to quickly raise awareness and create a security culture to improve Mongolia's long-term terrorism prevention policy. In particular, the authors review Mongolia's anti-terrorism policy, focusing on legal regulations, and suggest education methods to raise terrorism awareness for the public as a primary preventive measure. The study also presents a comparative analysis and a summary conclusion by examining international legal acts, conventions on new manifestations of terrorism, the foundations of laws and regulations of Mongolia, and related research on terrorism.

Propensity Analysis of Terrorism and Political Leaders Countermeasures (정치지도자 요인테러 성향 분석과 대응방안)

  • Kang, Kyoung Soo;Song, Sang Wook
    • Journal of the Society of Disaster Information
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    • v.8 no.3
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    • pp.287-296
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    • 2012
  • This study is analysis of the existing domestic terrorism factors and suggest countermeasures for political leadership that can occur to the precautionary terror occasion of the presidential election approached 100 days in the future. Political terror caused mainly achieved peak of Ideology or social conflict by Politically alienated class. Common cause is most likely to occur when the party or the government want to attack a target or can not stand disadvantaged and lose that I suppert the party or the government. 21st century political terror is occurred with Misfits of complaints expressed or social conflict more frequency than attack used random people, new weqpon and bomb. It is interpreted that issued as a drastic measure from individual complaint because of increased polarization of wealth by separate into group and fallen law and order but also we are not familiar with the political compromises. Personal safety escort mission is essential condition of political activity that Absolute personal protection and to come up with a large number of voters for best result. Thus security guard ought to professional security activity depend on gathered situation, location and regional feature for perfect protection service.

A Study on Detection Technique of Anomaly Signal for Financial Loan Fraud Based on Social Network Analysis (소셜 네트워크 분석 기반의 금융회사 불법대출 이상징후 탐지기법에 관한 연구)

  • Wi, Choong-Ki;Kim, Hyoung-Joong;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.22 no.4
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    • pp.851-868
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    • 2012
  • After the financial crisis in 2008, the financial market still seems to be unstable with expanding the insolvency of the financial companies' real estate project financing loan in the aftermath of the lasted real estate recession. Especially after the illegal actions of people's financial institutions disclosed, while increased the anxiety of economic subjects about financial markets and weighted in the confusion of financial markets, the potential risk for the overall national economy is increasing. Thus as economic recession prolongs, the people's financial institutions having a weak profit structure and financing ability commit illegal acts in a variety of ways in order to conceal insolvent assets. Especially it is hard to find the loans of shareholder and the same borrower sharing credit risk in advance because most of them usually use a third-party's name bank account. Therefore, in order to effectively detect the fraud under other's name, it is necessary to analyze by clustering the borrowers high-related to a particular borrower through an analysis of association between the whole borrowers. In this paper, we introduce Analysis Techniques for detecting financial loan frauds in advance through an analysis of association between the whole borrowers by extending SNA(social network analysis) which is being studied by focused on sociology recently to the forensic accounting field of the financial frauds. Also this technique introduced in this pager will be very useful to regulatory authorities or law enforcement agencies at the field inspection or investigation.

A Study on the Risks Excluded of Marine Insurance Claims (해상보험 클레임의 면책위험에 관한 고찰)

  • Jung Sung-Hoon;Choi Hyuk-Jun
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.125-162
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    • 2005
  • This paper examined excluded risks of insurer in marine insurance generally, and found out the existing studies on the excluded risks, which were accomplished partially and fragmentarily, to conduct a comparative analysis of marine insurance based on the general flow of claim adjustment. It arranges the existing studies to settle a dispute between the parties -insurer and assurer- and studies the excluded risk based on risk change of the insured by analyzing characteristic and class of security violation, and meaning, form, effect of risk change. it inquires into and analysis cases of the Korean Supreme Court related to the exclusion and illegal act of marine insurance to compare marine theorists' opinion with commercial law.

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Collaborative Governance, Decent Work and Innovation: An Analytical Framework for Sustainable Workplaces Based on the Case of Philippine Science and Technology Parks

  • SALE, Jonathan
    • World Technopolis Review
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    • v.5 no.1
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    • pp.71-82
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    • 2016
  • This paper explores, explains and describes a framework for analyzing collaborative governance, decent work and innovation as fundamental elements of sustainable workplaces through case study of Philippine science and technology (S & T) parks. Rules, or the legal infrastructure, are particularly significant considerations that facilitate or hinder collaboration. Industrial relations/human resource (IR/HR) practices are essential to collaboration and decent work. Employee consultation and labor-management council or committee are examples of IR/HR practices that might contribute to collaboration and decent work in firms and workplaces in S & T parks as they are team approaches to production, too. Collaboration and decent work enhance the capacity to innovate. In the long run, collaborative governance, decent work and innovation tend to converge in the concept of sustainable development. The interdependencies and interactions among collaborative governance, decent work and capacity to innovate in firms operating in S & T parks make possible new solutions to new problems (i.e., innovation) and, thus, sustainable workplaces.