• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.185-209
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• 2014

While the local health insurance and the employment-based insurance were integrated in July 2000, the insured is divided into employment-based insured and the local insured and the relevant premium has been applied to both groups. The health insurance premium having the feature of social solidarity has to be determined depending on income, that is, the ability to pay in accordance with the principles of social insurance. While employment-based insurance premium has been determined depending on the earned income, the local insurance premium for the local insured has been determined by scoring gross income(evaluated income), property and possession of automobiles. A variety of improvement approaches has been implemented including introduction of the employment-based insurance premium ceiling system (2002) and the change of property scoring system for the local insured (2006). However, the health insurance system which was merged in 2000 has been implemented up to now without significant change even though there were lots of socio-demographic change including increase of income level and the population structure such as low birth and aging. In other words, it is required to implement the premium rating system securing the income-based equity. Nevertheless, it was inevitable to apply the diverse rating standards in the early stage because it was very difficult to verify the income of the self-employed. Although the income verification rate was significantly increased from 23% in 1989 to 44% in 2010, the irrational standards including property, automobiles, living standard and activity rate have been still applied to the local insured because it is difficult to secure the validity of insurance premium rating system and it severely lacks of security. This paper investigated whether the current insurance premium rating system for the local insured imposing the premium on the basis of 'gender' and 'age' complies with the basic human rights secured by the current Constitution of the Republic of Korea with respect to the practical and theoretic irrationality of insurance premium rating system and standards for he local insured. In accordance with the analysis results, this paper proposed the approach to improve the system.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

• Korean Security Journal
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• no.14
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• pp.367-388
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• 2007

Some of individuals working at various fields of security guard are given the legal right to use a gun to cope with expected risks and crimes. Not only in Korea but also throughout the world, a pistol is being used as a device for the workers of security guard such as the army, the police and intelligence agencies to keep the law and social order. A pistol, which is regarded as the last safety measure of security guard, is easy to carry but, because of its short barrel for high portability, its hit ratio and long-range shooting performance are much lower than ordinary guns. Despite such weak points, a pistol can be a great tool because of its high portability and if the users make steady efforts to improve their skills and, for this reason, it has been being used widely until now. National agency workers' pistol shooting skills depend on several important factors, but for the fast and accurate shooting, the mot important factor is how to aim at the target. Because it takes a relatively longer time to align the sight on the target, the change of the sight alignment method is expected to improve pistol shooting skills a lot. In Korea, however, most of national agency training centers teach the basic aiming method that crosses the foresight and the backsight and aligns the crossing to the target. That is, they teach the sight alignment method for fixed targets. Some agencies in Korea and foreign countries that have used guns more frequently and longer than us are teaching different sight alignment methods as well. Representative ones of them are aiming only with the foresight and pointing shooting. These aiming methods are expected to produce good results against moving targets. While the basic sight alignment method has to cross the foresight and the backsight and then to align the crossing to the target, so takes a longer time than other aiming methods, the other two aiming methods are expected to be effective in fields where both swiftness and accuracy are require. Because domestic agencies are teaching mainly the basic sight alignment method, the present study purposed to examine the effects of different aiming methods on shooting records and ultimately to contribute to national agency workers' operation. For this purpose, we selected 20 policemen from local police commandos under the National Police Agency who were accustomed to pistol shooting and measured their pistol shooting. According to the results, the pointed shooting method showed the best record in 5m short.range shooting. As to hit ratio in 15m shooting, which is relatively long.range for pistol shooting, the basic aiming method showed the best record, but the results of statistical analysis showed that pointed shooting is most superior. Of course, the results were obtained from a group who were used to and skillful in pistol shooting, but they are considered meaningful in that all the police and national agency workers should have such high shooting skills.

• International Commerce and Information Review
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• v.12 no.1
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• pp.35-54
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• 2010

This article explored the bank's responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America's various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer's failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.17 no.2
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• pp.317-322
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• 2013

Personal information is defined information related to users' privacy data. It can be verified information through social security number, image, and means relating to individual can verify. Such personal information is in accordance with the privacy act in law for the collection and usage in enterprises and institutions. However, it can be induced privacy problem when it is exposed information without attention. This user's inadvertent disclosure of personal information has occurred due to social engineering and intelligent cyber-crime occurred in order to solve these problems. A variety of protection solutions for personal information have been developed. Web privacy filtering firewall and solutions related with server have been developed among developed many solutions, web privacy filtering and firewall solutions is proposed in this paper.

• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.2
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• pp.141-165
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• 1999

The Customs Act provides for a general rule all goods entering Korea shall be subject to customs duties as set in the customs tariff schedules as other fees and taxes determined except those excluded by virtue of the Customs Act or intentional agreements. Importation begins from the time carrying vessel or aircraft enters Korea territorial jurisdiction with the intention to unload the same until the time the goods are released or withdrawn from the customhouse upon payment of the appropriate duties. Imported articles may be categorized into prohibited importations, dutiable importations and conditionally free importation. Some other articles are qualifiedly prohibited, meaning they can enter the country after compliance with certain conditions. If there is any conduct violating these act, criminal sanctions may be imposed for the prevention and suppression of smuggling and other frauds, and the enforcement of tariff and customs act. As a result importers who intentionally violates Korea Customs Act may be subject to criminal prosecution. Many major provisions of customs act have imposed severe sanctions for customs crimes in comparison with other crimes due to general rule of criminal law. There is a great deal of activity in Pusan area relating to smuggling of narcotics and prohibited drugs, obscene articles and weapons. On one side, criminals who seek to profit by narcotics or drug threaten public health and human environment, On other side, weapon smuggling is a significant threat to our national security. However the studies on customs crime and customs act have not been viewed. Thus this Article overviews especially the customs crime and criminal sanction focused on domestic customs act.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.7 no.1
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• pp.49-62
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• 2009

Social Acceptance is important to decide policy of spent nuclear fuel management. The idea of a public sphere as a receptacle of dynamic process is the core in this discussion. The purpose of this study is to examine the concept, participants, the conflict-structure and agreeable conditions of a public sphere. A public sphere means in this paper, mechanism and systems that various stakeholders' and public's participation with spontaneous will can affect decision-making process. For good designing and implementing a public sphere, it is necessary to analysis and cope with political, foreign and security, economic, sociocultural environments, the law and systems around spent nuclear fuel management.

• Journal of Digital Contents Society
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• v.18 no.7
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• pp.1333-1339
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• 2017

Parody is credited for one of the forms of artistic presentation, and the utilization has been increasing day by day. However, there is no clear regulation in legislation or case. Parody is usually made without authorization to exploit of original author, so there is a lot of controversy over its infringement of copyright. Constitutional Law guarantees the freedom of expression and that of art, but it protects the author's right as well. So it is important how settle the collision of fundamental rights. It is expected the development of a variety of discussion on parody from the views of the basic value the Constitution pursues and the improvement and development of the culture that is the purpose of Copyright Act.

• International Commerce and Information Review
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• v.14 no.1
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• pp.273-299
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• 2012

Japan's customs ensure the safety of international trade and trade facilitation has been pursuing. To do this, AEO was introduced to this system and expanding the supply chain currently maintain security and improve customer convenience is necessary to continue to be pursued. In addition, the imposition of customs duties in accordance with changes in the environment to Tariff offenders and increased the amount of tax evasion, smuggling of narcotics, including amphetamines and response, the increase in access is required. In this paper, Japan's tariff and customs administration for the change in the future for Japan-related materials around the Treasury Department's analysis will attempt to draw implications for this.