• Title/Summary/Keyword: Security law

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Local Self-Government in the Conditions of Digitization: International-Legal Experience

  • Perezhniak, Boris;Vasylchuk, Larysa;Bevz, Tetiana;Pyroha, Serhii;Ulianov, Oleksiy
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.165-170
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    • 2022
  • Nowadays more and more attention is paid to digital technologies, digitization, and the digitization of public services in particular. Progressive countries aim to build "digital" governance and a digital economy. In this aspect, the international experience of using digitization in the field of public administration, including in local self-government bodies, plays an important role. Therefore, it is important to analyze the international legal experience of the functioning of local self-government in the conditions of digitization. The purpose of the work is to study the international legal experience of the functioning of local self-government in the conditions of digitization. The object of the study is local self-government in the conditions of digitization through the prism of international legal experience. The subject of the study is social relations that arise, change, and cease during the implementation of digitization in local self-government in Ukraine and foreign countries. The research methodology consists of such methods as the method of philosophical hermeneutics; dialectical method; classification method; comparative method; target method; method of documentary analysis; generalization method. Research results. As a result of the conducted research, the international experience of the functioning of local self-government in conditions of digitization was analyzed. In particular, the impact of digitization processes on the course of the decentralization reform in Ukraine is summarized. Also, from the analysis of international experience, a conclusion was made about the potential possibility of reducing the existing gap in the process of communication between the central government and united territorial communities thanks to the introduction of the latest technologies in the field of administrative services, to stimulate innovative and economic development of regions, attracting the attention of businesses and potential investors, as well as the functioning of more open local authorities with electronic communication tools.

Formation of Research Competence Using Innovative Technologies to Improve the Quality of Training Future Specialists

  • Olena, Dobosh;Daria, Koval;Natalya, Paslavska;Natalia, Cherednichenko;Iryna, Bondar;Oksana, Vytrykhovska;Olena, Bida
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.91-97
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    • 2022
  • Analyzing the psychological and pedagogical literature, we showed the interest of researchers in the problem posed. The concept of competence is considered, which is interpreted as giving the key to solving a wide range of educational and life tasks. Research competence implies the ability to cooperate, enter into contacts, readiness for changes, for self-determination and is an integral quality of the individual, expressed in the readiness and ability to independently search for solutions to new problems and creative transformation of reality based on a set of personal and meaningful knowledge, skills, methods of activity and value attitudes.The article offers conditions that certify the improvement of forms and methods of training students in the formation of research competence of future specialists. The use of innovative technologies contributes to improving the level of training of future specialists: students are better prepared for classes, take an active part in the assimilation of program material in laboratory classes. It is noted that this creates a subject-subject relationship between the student and the teacher, and changes the attitude of students to classes. In the process of such organization of educational activities, students are convinced of the need for knowledge and its effectiveness, learn to compare, generalize, classify, establish cause-and-effect relationships, express opinions, defend their point of view, they ensure success in their studies, and develop research competence. It is proved that in order to apply the latest technologies, the teacher himself must know them well, that is, constantly improve himself, master new methods, techniques, ideas, which will help him create new pedagogical technologies and implement them in the educational process.

Analysis of Institutional Limitations on Evacuation of Urban Railway Station Facilities and Guidelines (도시철도역 시설의 피난에 대한 제도적 한계점 분석과 가이드라인)

  • Yekyeong Shin;Okkyung Yuh
    • Journal of Korean Society of Disaster and Security
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    • v.15 no.4
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    • pp.1-9
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    • 2022
  • This study analyzes the institutional status related to 'evacuation' and 'firefighting' in underground subway stations, derives institutional limitations for 'evacuation' in underground subway stations, and proposes guidelines in terms of architectural space based on this. As a result of the study, the following points were derived. First, since similar standards are separately enacted in individual laws and it is difficult to grasp the standards and they are dualized, it is necessary to standardize and regulate the space where users stay according to the movement of urban railway users, limited to urban railways. Second, in order to use trains, a special procedure called 'ticketing' must be considered, and regulations on evacuation safety zones and evacuation stairs between the waiting room and the platform are required. Finally, if there is a platform at a depth of more than 30m underground, it is necessary to install an evacuation floor in accordance with standards similar to the current building law.

Modeling and Trends of Road Transport Development in Eastern European Countries

  • Viktoriia Harkava;Olena Pylypenko;Oleksandr Haisha;Armen Aramyan;Volodymyr Kairov
    • International Journal of Computer Science & Network Security
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    • v.24 no.3
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    • pp.189-195
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    • 2024
  • Road transport occupies the largest share in domestic and international transport. It is of key importance for the development of the economy, forasmuch as it provides the livelihood of the population, the development of the national economy, the possibility of establishing foreign economic relations. The purpose of the research is as follows: analysis of the current state of functioning of the road transport sector in Eastern Europe and identification of key problems and trends in its development. Research methods: Methods of grouping, comparison and generalization, correlation analisys have been used to identify the dynamics of the main indicators of road transport in Eastern Europe. The method of correlation-regression analysis has been applied to determine the impact of increasing the length of roads on the turnover of the road freight transport and the number of employed population in this area. Results. It has been found that the increase in the employed population by 96% and increase in revenues from transportation and storage of goods, postal and courier services (turnover of the road freight transport - in the original language) in the field of road transport by 82% is explained by the change in transport infrastructure capacity by increasing length of highways. According to the correlation analysis, it has been revealed that there is a high direct dependence between the length of roads and increased revenues from transportation and storage of goods in the field of road transport, as well as between the length of roads and increasing employment in this area.

The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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Space Development and Law in Asia (아시아의 우주개발과 우주법)

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.349-384
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    • 2013
  • The Sputnik 1 launching in 1957 made the world recognize the necessity of international regulations on space development and activities in outer space. The United Nations established COPUOS the very next year, and adopted the mandate to examine legal issues concerning the peaceful uses of outer space. At the time, the military sector of the U.S.A. and the Soviet Union were in charge of the space development and they were not welcomed to discuss the prohibition of the military uses of outer space at the legal section in the COPUOS. Although both countries had common interests in securing the freedom of military uses in outer space. As the social and economic benefits derived from space activities have become more apparent, civil expenditures on space activities have continued to increase in several countries. Virtually all new spacefaring states explicitly place a priority on space-based applications to support social and economic development. Such space applications as satellite navigation and Earth imaging are core elements of almost every existing civil space program. Likewise, Moon exploration continues to be a priority for such established spacefaring states as China, Russia, India, and Japan. Recently, Companies that manufacture satellites and ground equipment have also seen significant growth. On 25 February 2012 China successfully launched the eleventh satellite for its indigenous global navigation and positioning satellite system, Beidou. Civil space activities began to grow in China when they were allocated to the China Great Wall Industry Corporation in 1986. China Aerospace Corporation was established in 1993, followed by the development of the China National Space Administration. In Japan civil space was initially coordinated by the National Space Activities Council formed in 1960. Most of the work was performed by the Institute of Space and Aeronautical Science of the University of Tokyo, the National Aerospace Laboratory, and, most importantly, the National Space Development Agency. In 2003 all this work was assumed by the Japanese Aerospace Exploration Agency(JAXA). Japan eases restrictions on military space development. On 20 June 2012 Japan passed the Partial Revision of the Cabinet Establishment Act, which restructured the authority to regulate Japanese space policy and budget, including the governance of the JAXA. Under this legislation, the Space Activities Commission of the Ministry of Education, Culture, Sports, Science, and Technology, which was responsible for the development of Japanese space program, will be abolished. Regulation of space policy and budget will be handed over to the Space Strategy Headquarter formed under the Prime Minister's Cabinet. Space Strategy will be supported by a Consultative Policy Commission as an academics and independent observers. By revoking Article 4 (Objectives of the Agency) of a law that previously governed JAXA and mandated the development of space programs for "peaceful purposes only," the new legislation demonstrates consistency with Article 2 of the 2008 Basic Space Law. In conformity with the principles laid down in the 1967 Outer Space Treaty JAXA is now free to pursue the non-aggressive military use of space. New legislation is the culmination of a decade-long process that sought ways to "leverage Japan's space development programs and technologies for security purposes, to bolster the nation's defenses in the face of increased tensions in East Asia." In this connection it would also be very important and necessary to create an Asian Space Agency(ASA) for strengthening cooperation within the Asian space community towards joint undertakings.

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Ieodo Issue and the evolution of People's Liberation Army Navy Strategy (이어도 쟁점과 중국 해군전략의 변화)

  • Kang, Byeong-Cheol
    • Strategy21
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    • s.31
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    • pp.142-163
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    • 2013
  • Ieodo is a submerged rock within a Korea's Exclusive Economic Zone(EEZ) in the East China Sea with its most shallow part about 4.6m below the sea level which has no specific rights for the EEZ delimitation. The United Nations Convention on the Law of the Sea (UNCLOS) stipulates that any coastal state has the rights to claim an EEZ that stretches up to 200 nautical miles from its shore, except where there is an overlap with a neighboring country's claims. Korea claims that Ieodo is within its EEZ as it sits on the Korean side of the equidistant line and the reef is located on the Korea section of the continental shelf. China does not recognize Korea's application of the equidistance principle and insists that Ieodo lies on its continental shelf. According to UNCLOS, Ieodo is located in international waters, rather than one country's EEZ as the two countries have failed to reach a final agreement over the delimitation of the maritime border. This study seeks to understand the evolution of the People's Liberation Army Navy(PLAN) strategy as main obstacles for the EEZ delimitation between Korea and China. PLAN's Strategy evolves from "coastal defense" to "offshore defence", since the late 1980s from a "coastal defence" strategy to an "offshore defence" strategy which would extend the perimeter of defence to between 200 nm and 400 nm from the coast. China's economic power has increased It's dependence on open trade routes for energy supplies and for its own imports and exports. China want secure Sea Lane. PLAN's "offshore defence" strategy combines the concept of active defence with the deployment of its military forces beyond its borders. China's navy try to forward base its units and to achieve an ocean going capability. China's navy expects to have a 'Blue Water' capability by 2050. China insists that coastal states do have a right under UNCLOS to regulate the activities of foreign military forces in their EEZs. China protests several times against US military forces operating within It's EEZ. The U.S. position is that EEZs should be consistent with customary international law of the sea, as reflected in UNCLOS. U.S. has a national interest in the preservation of freedom of navigation as recognized in customary international law of the sea and reflected in UNCLOS. U.S. insists that coastal states under UNCLOS do not have the right to regulate foreign military activities in their EEZs. To be consistent with its demand that the U.S. cease performing military operations in china's EEZ, China would not be able to undertake any military operations in the waters of South Korea's EEZ. As such, to preserve its own security interests, China prefers a status quo policy and used strategic ambiguity on the Ieodo issue. PLAN's strategy of coastal defence has been transformed into offensive defence, Korea's EEZ can be a serious limitation to PLAN's operational plan of activities. Considering China'a view of EEZs, China do not want make EEZ delimitation agreement between Korea and China. China argues that the overlapping areas between EEZs should be handled through negotiations and neither side can take unilateral actions before an agreement is reached. China would prefer Ieodo sea zone as a international waters, rather than one country's EEZ.

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A Study on the Protection of Trial Subjects in Clinical Trials of Investigational New Drug (의약품 임상시험에서 피험자 보호)

  • We, Kye Chan
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.79-113
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    • 2012
  • This study focuses on the protection of trial subjects, who participate in clinical trials for new drug. It takes long time to develop new drugs and the clinical trials are required. Usually, pharmaceutical company, which develop new drug, request a research institution(usually, hospital) to investigate the examination of security and side effects of new drug. The institution recruit trial subject to participate in the trials. The contract for clinical research of investigational new drug is concluded between the pharmaceutical company and the institution. This thesis studies the legal regulations for protection of participants of clinical research for new drug. In this respect the first matter of this study is to seek which relation between pharmaceutical firm and participants of clinical trials. Especially, there is a question which the trial subject is entitled to demand the pharmaceutical company which requested clinical trials the institution to supply the investigational new drug, after the contract for clinical trials had terminated or cancelled. This study take into account the liability of the pharmaceutical company to trial subject. Secondly, it is researched the roles and authority of Institutional Review Board(IRB). IRB is Research Ethics Committee of the institution, in which clinical trials for new drug are conducted. According to the rule of Korea good clinical practice(KGCP), IRB is the mandatory organization which is authorized to approve, secure approval or disapprove the clinical trials for investigational new drug in the institution. The important roles are the review of ethical perspective of trial research and the protection of trial subject. Thirdly, this paper focuses if the participants are to be paid for the participation for clinical research. This is ethical aspect of clinical trials. It is resonable that the participant is reimbursed for expenditure such as travels, and other expenses incurred in participation in trials. It is not allowed that the benefit of clinical trials is paid to trial subject. The payment should not function as financial inducements for participations of trials. Finally, the voluntary consent of the trial subject is required. The institution ought to inform the subject, who would like to participate in trials, and it ought to received informed consent in writing for subject. In this regard, it is matter that trial subject has ability of consent. It is principle that the subject as severely psychogeriatric patient has not ability of consent. However, it is required that not only healthy people but also patients are allowed to take part in clinical trials of new drug, in order to confirm which the investigation new drug is secure. Therefore there are cases, in which the legal representative of subject consent the participation of the trials. In addition, it is very important that the regulations concerning clinical trials of new drug is to be systematically well-modified. The approach of legal and political approach is needed to achieve this purpose.

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A Study on the Limits in the Use of Force against a Hijacked Civil Aircraft (피랍 민간항공기에 대한 무력행사의 한계에 관한 연구)

  • Kim, Man-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.141-163
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    • 2004
  • The limits in the use of force against a civil aircraft which intrudes into sovereign airspace have not been defined in the aspect of international law. Therefore, this paper intends to analyze international laws and practices about sovereign airspace intrusions by the civil aircraft, and to examine the legality in the use of force against the civil aircraft hijacked by means of political terrorism, in particular. In this paper, the sphere of study is restricted within the problems of interception against the civil aircraft which intrudes into sovereign airspace in times of peace, excluding the problems against a state aircraft, and the responsibilities for the civil or criminal affairs due to interceptions. Herein this paper analyzes the existing international laws and the cases of each nation's use of force against the civil aircraft which intrudes into sovereign airspace, and organizes the conditions in the use of force which have been accepted in international laws and practices, and then applies them to the special case of civil aircraft hijacked by political terrorism. Consequently, this paper suggests that the basic principles of necessity, ultimateness, and proportionality be taken into consideration in the use of force against civil aircraft which intrudes into sovereign airspace. This study finally suggests that the possibility in the use of force against civil aircraft hijacked by political terrorism might be higher than any type of civil aircraft intrusions into sovereign airspace due to the factor of necessity of national security concerned.

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Emotional Labor and Human Rights Protection in the case of airlines (감정노동과 인권보호 - 항공사를 중심으로)

  • Shin, Dong Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.87-108
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    • 2014
  • Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.