• The Korean Journal of Air & Space Law and Policy
• /
• v.5
• /
• pp.53-75
• /
• 1993

This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

• Korean Security Journal
• /
• no.46
• /
• pp.113-140
• /
• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• Journal of the Korea Concrete Institute
• /
• v.25 no.5
• /
• pp.485-496
• /
• 2013

In recent years, frequent terror or military attacks by explosion or impact accidents have occurred. Examplary case of these attacks were World Trade Center collapse and US Department of Defense Pentagon attack on Sept. 11 of 2001. These attacks of the civil infrastructure have induced numerous casualties and property damage, which raised public concerns and anxiety of potential terrorist attacks. However, a existing design procedure for civil infrastructures do not consider a protective design for extreme loading scenario. Also, the extreme loading researches of prestressed concrete (PSC) member, which widely used for nuclear containment vessel, gas tank, bridges, and tunnel, are insufficient due to experimental limitations of loading characteristics. To protect concrete structures against extreme loading such as explosion and impact with high strain rate, understanding of the effect, characteristic, and propagation mechanism of extreme loadings on structures is needed. Therefore, in this paper, to evaluate the impact resistance capacity and its protective performance of bi-directional unbonded prestressed concrete member, impact tests were carried out on $1400mm{\times}1000mm{\times}300mm$ for reinforced concrete (RC), prestressed concrete without rebar (PS), prestressed concrete with rebar (PSR, general PSC) specimens. According to test site conditions, impact tests were performed with 14 kN impactor with drop height of 10 m, 5 m, 4 m for preliminary tests and 3.5 m for main tests. Also, in this study, the procedure, layout, and measurement system of impact tests were established. The impact resistance capacity was measured using crack patterns, damage rates, measuring value such as displacement, acceleration, and residual structural strength. The results can be used as basic research references for related research areas, which include protective design and impact numerical simulation under impact loading.

• Korean Security Journal
• /
• no.26
• /
• pp.29-58
• /
• 2011

Since 11 September 2001, warnings of risk in the nexus of terrorism and nuclear weapons and materials which poses one of the gravest threats to the international community have continued. The purpose of this study is to analyze the aim, principles, characteristics, activities, impediments to progress and developmental recommendation of the Global Initiative to Combat Nuclear Terrorism(GICNT). In addition, it suggests implications of the GICNT for the ROK policy. International community will need a comprehensive strategy with four key elements to accomplish the GICNT: (1) securing and reducing nuclear stockpiles around the world, (2) countering terrorist nuclear plots, (3) preventing and deterring state transfers of nuclear weapons or materials to terrorists, (4) interdicting nuclear smuggling. Moreover, other steps should be taken to build the needed sense of urgency, including: (1) analysis and assessment through joint threat briefing for real nuclear threat possibility, (2) nuclear terrorism exercises, (3) fast-paced nuclear security reviews, (4) realistic testing of nuclear security performance to defeat insider or outsider threats, (5) preparing shared database of threats and incidents. As for the ROK, main concerns are transfer of North Korea's nuclear weapons, materials and technology to international terror groups and attacks on nuclear facilities and uses of nuclear devices. As the 5th nuclear country, the ROK has strengthened systems of physical protection and nuclear counterterrorism based on the international conventions. In order to comprehensive and effective prevention of nuclear terrorism, the ROK has to strengthen nuclear detection instruments and mobile radiation monitoring system in airports, ports, road networks, and national critical infrastructures. Furthermore, it has to draw up effective crisis management manual and prepare nuclear counterterrorism exercises and operational postures. The fundamental key to the prevention, detection and response to nuclear terrorism which leads to catastrophic impacts is to establish not only domestic law, institution and systems, but also strengthen international cooperation.

• Korean Security Journal
• /
• no.15
• /
• pp.29-50
• /
• 2008

Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.2
• /
• pp.155-188
• /
• 2017

On the one hand, the 4th Industrial Revolution provides a positive opportunity to build a new civilization paradigm for mankind. However, on the other hand, due to the 4th Industrial Revolution, artificial intelligence such as 'Goggle Alpha Go' revolutionized and even the human ability was replaced with a 'Silicon Chip' as the opportunity to communicate decreases, the existence of human beings is weakened. And there is a growing concern that the number of violent crimes, such as psychopath, which hunts humans as games, will increase. Moreover, recent international terrorism is being developed in a form similar to 'Psychopathic Violent-Crime' that indiscriminately attacks innocent people. So, the probability that terrorist organizations abuse the positive effects provided by the Fourth Industrial Revolution as means of terrorism is increasing. Therefore, the paradigm of aviation terrorism is expected to change in a way that attacks airport facilities and users rather than aircraft. Because airport facilities are crowded, and psychopathic terrorists are easily accessible. From this point of view, our counter terrorism system of aviation has many weak points in various aspects such as: (1) limitations of counter-terrorism center (2) inefficient on-site command and control system (3) separated organization for aviation security consultation (4) dispersed information collection function in government (5) vulnerable to cyber attack (6) lack of international cooperation network for aviation terrorism. Consequently, it is necessary to improve the domestic counter terrorism system of aviation so as to preemptively respond to the international terrorism. This study propose the following measures to improve the aviation security system by (1) create 'Aviation Special Judicial Police' (2) revise the anti-terrorism law and aviation security law (3) Strengthening the ability respond to terrorism in cyberspace (4) building an international cooperation network for aviation terrorism.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.29 no.5A
• /
• pp.565-575
• /
• 2009

In recent years, there have been numerous explosion-related accidents due to military and terrorist activities. Such incidents caused not only damages to structures but also human casualties, especially in urban areas. To protect structures and save human lives against explosion accidents, better understanding of the explosion effect on structures is needed. In an explosion, the blast load is applied to concrete structures as an impulsive load of extremely short duration with very high pressure and heat. Generally, concrete is known to have a relatively high blast resistance compared to other construction materials. However, normal strength concrete structures require higher strength to improve their resistance against impact and blast loads. Therefore, a new material with high-energy absorption capacity and high resistance to damage is needed for blast resistance design. Recently, Ultra High Strength Concrete(UHSC) and Reactive Powder Concrete(RPC) have been actively developed to significantly improve concrete strength. UHSC and RPC, can improve concrete strength, reduce member size and weight, and improve workability. High strength concrete are used to improve earthquake resistance and increase height and bridge span. Also, UHSC and RPC, can be implemented for blast resistance design of infrastructure susceptible to terror or impact such as 9.11 terror attack. Therefore, in this study, the blast tests are performed to investigate the behavior of UHSC and RPC slabs under blast loading. Blast wave characteristics including incident and reflected pressures as well as maximum and residual displacements and strains in steel and concrete surface are measured. Also, blast damages and failure modes were recorded for each specimen. From these tests, UHSC and RPC have shown to better blast explosions resistance compare to normal strength concrete.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.29 no.5A
• /
• pp.557-564
• /
• 2009

In recent years, there have been numerous explosion-related accidents due to military and terrorist activities. Such incidents caused not only damages to structures but also human casualties, especially in urban areas. To protect structures and save human lives against explosion accidents, better understanding of the explosion effect on structures is needed. In an explosion, the blast overpressure is applied to concrete structures as an impulsive load of extremely short duration with very high pressure and heat. Generally, concrete is known to have a relatively high blast resistance compared to other construction materials. However, information and test results related to the blast experiment of internal and external have been limited due to military and national security reasons. Therefore, in this paper, to evaluate blast effect on reinforced have concrete structure and its protective performance, blast tests are carried out with $1.0m{\times}1.0m{\times}150mm$ reinforce concrete slab structure at the Agency for Defence Development. The standoff blast distance is 1.5 m and the preliminary tests consists with TNT 9 lbs and TNT 35 lbs and the main tests used ANFO 35 lbs. It is the first ever blast experiment for nonmilitary purposes domestically. In this paper, based on the basic experiment procedure and measurement details for acquiring structural behavior data, the blast experimental measurement system and procedure are established details. The procedure of blast experiments are based on the established measurement system which consists of sensor, signal conditioner, DAQ system, software. It can be used as basic research references for related research areas, which include protective design and effective behavior measurements of structure under blast loading.

• Korean Security Journal
• /
• no.18
• /
• pp.169-190
• /
• 2009

Today, the rapid advance of scientific technologies has brought about fundamental changes to the types and levels of terrorism while the war against the world more than one thousand small and big terrorists and crime organizations has already begun. A method highly likely to be employed by terrorist groups that are using 21st Century state of the art technology is cyber terrorism. In many instances, things that you could only imagine in reality could be made possible in the cyber space. An easy example would be to randomly alter a letter in the blood type of a terrorism subject in the health care data system, which could inflict harm to subjects and impact the overturning of the opponent's system or regime. The CIH Virus Crisis which occurred on April 26, 1999 had significant implications in various aspects. A virus program made of just a few lines by Taiwanese college students without any specific objective ended up spreading widely throughout the Internet, causing damage to 30,000 PCs in Korea and over 2 billion won in monetary damages in repairs and data recovery. Despite of such risks of cyber terrorism, a great number of Korean sites are employing loose security measures. In fact, there are many cases where a company with millions of subscribers has very slackened security systems. A nationwide preparation for cyber terrorism is called for. In this context, this research will analyze the current status of Korea's cyber security systems and its laws from a policy perspective, and move on to propose improvement strategies. This research suggests the following solutions. First, the National Cyber Security Management Act should be passed to have its effectiveness as the national cyber security management regulation. With the Act's establishment, a more efficient and proactive response to cyber security management will be made possible within a nationwide cyber security framework, and define its relationship with other related laws. The newly passed National Cyber Security Management Act will eliminate inefficiencies that are caused by functional redundancies dispersed across individual sectors in current legislation. Second, to ensure efficient nationwide cyber security management, national cyber security standards and models should be proposed; while at the same time a national cyber security management organizational structure should be established to implement national cyber security policies at each government-agencies and social-components. The National Cyber Security Center must serve as the comprehensive collection, analysis and processing point for national cyber crisis related information, oversee each government agency, and build collaborative relations with the private sector. Also, national and comprehensive response system in which both the private and public sectors participate should be set up, for advance detection and prevention of cyber crisis risks and for a consolidated and timely response using national resources in times of crisis.