• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. 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 acquiescene 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. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system 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. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. 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 soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. 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.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.5
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• pp.909-928
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• 2020

From the early 1970s, the US government began to recognize that penetration testing could not assure the security quality of products. Results of penetration testing such as identified vulnerabilities and faults can be varied depending on the capabilities of the team. In other words none of penetration team can assure that "vulnerabilities are not found" is not equal to "product does not have any vulnerabilities". So the U.S. government realized that in order to improve the security quality of products, the development process itself should be managed systematically and strictly. Therefore, the US government began to publish various standards related to the development methodology and evaluation procurement system embedding "security-by-design" concept from the 1980s. Security-by-design means reducing product's complexity by considering security from the initial phase of development lifecycle such as the product requirements analysis and design phase to achieve trustworthiness of product ultimately. Since then, the security-by-design concept has been spread to the private sector since 2002 in the name of Secure SDLC by Microsoft and IBM, and is currently being used in various fields such as automotive and advanced weapon systems. However, the problem is that it is not easy to implement in the actual field because the standard or guidelines related to Secure SDLC contain only abstract and declarative contents. Therefore, in this paper, we present the new framework in order to specify the level of Secure SDLC desired by enterprises. Our proposed CIA (functional Correctness, safety Integrity, security Assurance)-level-based security-by-design framework combines the evidence-based security approach with the existing Secure SDLC. Using our methodology, first we can quantitatively show gap of Secure SDLC process level between competitor and the company. Second, it is very useful when you want to build Secure SDLC in the actual field because you can easily derive detailed activities and documents to build the desired level of Secure SDLC.

• Journal of Legislation Research
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• no.44
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• pp.571-610
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• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

• Korean Journal of Heritage: History & Science
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• v.46 no.3
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• pp.134-149
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• 2013

The Sudang-ri Site in Geumsan is considered the historic site where Baekje dominated the inland traffic route to Gaya through Geumsan and Jinan in the 5th Century. This study identified the production techniques of iron by conducting an analysis of metallographical microstructure of the artifacts such as an iron sword and an iron sickle that were excavated in Sudang-ri Site, Geumsan, one of the regions ruled by Baekje, and tried to figure out the characteristics and the technical systems of Baekje's ironmaking around the 5th Century by comparing them with other iron artifacts produced around the same time. The analysis showed that various production techniques were applied to the artifacts excavated in Sudang-ri Site, Geumsan. Depending on the production techniques, they can be divided largely into three methods: the simple shape-forging method, the steel manufacture method after forging, and the steel manufacture & heat-treatment method after forging. The iron sickle from the stone chamber tomb No. 1, which was produced only through forging, is mostly composed of soft ferrite at both edges of the blade and at the rear making the use of the weapon impractical. From this fact, it is presumed that they were produced as burial objects or ceremonial accessories for the person buried. The iron axe from the outer stone coffin tomb No. 1 and the iron swords and sickle from the outer stone coffin tomb No. 12, which were produced through the steel manufacture method after forging such as carburizing, did not go through the heat treatment such as quenching, but applied different production processes to each part. Therefore, it is deemed that they were produced as daily tools for cultivation rather than burial objects or ceremonial accessories. The production techniques following the forging process - carburizing and heat treatment - can be found on the iron swords from the outer stone coffin tomb No. 5 and the outer stone coffin tomb No. 12. The sturdy structure of the blade part and the durable structure of the rear processed with heat are deemed to have been produced as weaponry and used by the person buried. Based on the analysis of the iron artifacts excavated from Sudang-ri Site in Geumsan, the characteristics of iron production techniques were investigated by comparing them with the artifacts from Yongwon-ri Site in Cheonan, Bongseon-ri Site in Seocheon, and Bujang-ri Site in Seosan that were made around the same time as the cluster of Baekje tombs examined by the metallographical microstructure analysis of this study. For the iron artifacts analyzed here, the changes in the techniques were investigated using the iron swords common in all of the tombs. In the case of the iron swords, it was identified the heat treatment technique called tempering was applied from the 4th Century.

• Journal of National Security and Military Science
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• s.15
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• pp.57-86
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• 2018

The ROKAF has been training for a number of exercise for victory in the war, but the lack of aviation ammunition has become a big issue every year. However, due to the limitation of defense resources, there are many difficulties in securing and stockpiling ammunition for the war readiness. Therefore, there is a need to find a way to secure aviation ammunition for war readiness in a more economical way, so In this study, we analyze the precedent research case and the case of the reduction of the purchase cost of weapon system of other countries, and then I have suggested a plan that is appropriate for our situation. As a result of examining previous research cases for this study, there were data that KIDA studied in 2012, Precision-guided weapons acquisition cost reduction measures pursued by US Air Force And the use of procurement agencies that are being implemented by NATO member countries. Based on this study, the following four measures were proposed to reduce the purchase cost of aviation ammunition. First, the mutual aid support agreement was developed to sign the ammunition joint operation agreement. Second, join the NATO Support & Procurement Agency (NSPA) Third, it builds a purchasing community centered on the countries operating the same ammunition Fourth, participating in the US Air Force's new purchase plan for ammunition and purchase it jointly. The main contents of these four measures are as follows. 1. the mutual aid support agreement was developed to sign the ammunition joint operation agreement. Korea has signed agreements on mutual logistics support with 14 countries including the United States, Israel, Indonesia, Singapore, Australia, and Taiwan. The main purpose of these agreements is mutual support of munitions and materials, also supporting the training of the peace time and promoting exchange and cooperation. However, it is expected that there will be many difficulties in requesting or supporting mutual support in actual situation because the target or scope of mutual aid of ammunition is not clearly specified. Thus, a separate agreement on the mutual co-operation of more specific and expanded concepts of aviation ammunition is needed based on the current mutual aid support agreements 2. join the NATO Support & Procurement Agency (NSPA) In the case of NATO, there is a system in which member countries purchase munitions at a low cost using munitions purchase agencies. It is the NATO Purchasing Agency (NSPA) whose mission is to receive the purchasing requirements of the Member Nations and to purchase them quickly and efficiently and effectively to the Member Nations. NSPA's business includes the Ammunition Support Partnership (ASP), which provides ammunition purchase and disarming services. Although Korea is not a member of NATO, NSPA is gradually expanding the scope of joint procurement of munitions, and it is expected that Korea will be able to join as a member. 3. it builds a purchasing community centered on the countries operating the same ammunition By benchmarking the NSPA system, this study suggested ways to build a purchasing community with countries such as Southeast Asia, Australia, and the Middle East. First, it is necessary to review prospectively how to purchase ammunition by constructing ammunition purchasing community centered on countries using same kind of ammunition. 4. participating in the US Air Force's new purchase plan for ammunition When developing or purchasing weapons systems, joint participation by several countries can reduce acquisition costs. Therefore, if the US Air Force is planning to acquire aviation ammunition by applying it to the purchase of aviation ammunition, we will be able to significantly reduce the purchase cost by participating in this plan. Finally, there are some limitations to the method presented in this study, but starting from this study, I hope that the research on these methods will be actively pursued in the future.

• (The)Study of the Eastern Classic
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• no.36
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• pp.203-228
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• 2009

ChaeHo Shin's major interests were in the ancient history, among other periods of the Korean history. Shin's depiction of history is characterized by having nation in the heart of history, whose tendency of nationalism was purposefully strong. In general, the nationalism of those times was emphasizing a 'strong' nation, just as in the case of Shin's theory, and at the same time stood for the theory of social evolution with a view to raising the nation in the front line of history. The nationalism, in association with the theory of social evolution, ended up having a propensity that criticizes imperialism on the one hand, and envies it on the other. This inclination is literally shown in Doksasillon (A New Guide to Reading History), which is ChaeHo Shin's research on the ancient history. Doksasillon is a historical essay that was published serially in 50 installments from August 27th through December 13th in 1908. Unlike the existing views in the late 1900s on the ancient history, among other ages of the Korean history, Doksasillon can be called a treatise with a focus on nation. Doksasillon is an incomplete study which can be divided into two parts, introduction and ancient times that is the first volume. It, nevertheless, shows the aspect of a powerful nation activist who tried to surmount the life-and-death crisis of nation by 'recalling' the nation in the period of the late-Joseon and the Korean empire in 1908 and 'rediscovering' the territory. It also reflects a slice of a historian's anguish that attempted to cope with the national crisis by virtue of the 'power' of history. It is ChaeHo Shin who 'rediscovered' the Buyeo tribe as the mainstream of the ancient history of Korea, and recomposed and materialized the ancient history. Shin chose the 'Buyeo tribe' as a principal race, and used it as a representative of the Korean nation in the ancient era, which was because Buyeo and Goguryeo were the strongest. The emphasis laid on the powerful nation in the history of Korea well reflects the efforts of a powerful nation activist in the age of the late-Joseon, and on the other hand, it shows how nationalism came to be formed in Korea. ChaeHo Shin is regarded as a person who lived in the age in which nationalism, which underscores the homogeneity of a nation, had to be stressed as a sole weapon for a nation who was left behind in modernization and whose rights were disseized. Dosasillon shows a process of reconstructing the history of DanKun and the Buyeo tribe and unearthing a hero who was valued as a savior of the nation, which was the reason that ChaeHo Shin wrote a history.

• Journal of the Korean Orthopaedic Association
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• v.56 no.3
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• pp.234-244
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• 2021

Purpose: To date, studies of firearm and explosive injuries in the Korean military have been limited compared to its importance. To overcome this, this study examined the characteristics of musculoskeletal damages in soldiers who have suffered firearm and explosive injuries over the past four years. Materials and Methods: From January 2015 to July 2019, military forces who had suffered musculoskeletal injuries from firearms or explosive substances were included. The medical records and radiographs were reviewed retrospectively, and telephone surveys about Short Musculoskeletal Functional Assessment (SMFA) for this group were conducted. To compare the functional outcomes, statistical analysis was performed using a t-test for the types of weapons, and ANOVA for others. Results: Of the 61 patients treated for firearms and explosives injuries, 30 patients (49.2%) were included after undergoing orthopedic treatment due to musculoskeletal injury. The average age at injury was 26.4 years old (21-52 years old). The number of officers and soldiers was similar. Eleven were injured by gunshot and 19 by an explosive device. Sixteen were treated in the Armed Forces Capital Hospital and 10 at private hospitals. More than half of the 16 patients (53.3%) with a fracture had multiple fractures. The most common injury site was the hand (33.3%), followed by the lower leg (30.0%). There were 14 patients (46.7%) with Gustilo-Anderson classification 3B or higher who required a soft tissue reconstruction. Fifteen patients agreed to join the SMFA survey for the functional outcomes. Between officers and soldiers, officers had better scores in the Bother Index compared to soldiers (p=0.0045). Patients treated in the Armed Forces Capital Hospital had better scores in both the Dysfunction and Bother Index compared to private hospitals (p=0.0008, p=0.0149). Conclusion: This is the first study to analyze of weapons injuries in the Korean military. As a result of the study, the orthopedic burden was high in the treating patients with military weapon injuries. In addition, it is necessary to build a military trauma registry, including firearm and explosive injuries, for trauma treatment evaluation and development of military trauma system.

• Journal of Intelligence and Information Systems
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• v.29 no.2
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• pp.101-114
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• 2023

In the wartime, aircraft carrying out a mission to strike the enemy deep in the depth are exposed to the risk of being shoot down. As a key combat force in mordern warfare, it takes a lot of time, effot and national budget to train military flight personnel who operate high-tech weapon systems. Therefore, this study studied the path problem of predicting the route of emergency escape from enemy territory to the target point to avoid obstacles, and through this, the possibility of safe recovery of emergency escape military flight personnel was increased. based problem, transforming the problem into a TSP, VRP, and Dijkstra algorithm, and approaching it with an optimization technique. However, if this problem is approached in a network problem, it is difficult to reflect the dynamic factors and uncertainties of the battlefield environment that military flight personnel in distress will face. So, MDP suitable for modeling dynamic environments was applied and studied. In addition, GIS was used to obtain topographic information data, and in the process of designing the reward structure of MDP, topographic information was reflected in more detail so that the model could be more realistic than previous studies. In this study, value iteration algorithms and deterministic methods were used to derive a path that allows the military flight personnel in distress to move to the shortest distance while making the most of the topographical advantages. In addition, it was intended to add the reality of the model by adding actual topographic information and obstacles that the military flight personnel in distress can meet in the process of escape and escape. Through this, it was possible to predict through which route the military flight personnel would escape and escape in the actual situation. The model presented in this study can be applied to various operational situations through redesign of the reward structure. In actual situations, decision support based on scientific techniques that reflect various factors in predicting the escape route of the military flight personnel in distress and conducting combat search and rescue operations will be possible.

• Economic and Environmental Geology
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• v.56 no.6
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• pp.661-674
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• 2023

From the seafloor of Taean, Chungcheongnamdo Province, a ship of the Joseon Dynasty was discovered for the first time in the history of underwater excavations in Korea in 2014 and was named Mado Shipwreck No. 4. A total of 27 unused whetstones loaded as tribute were discovered on the hull of Mado No. 4, which revealed that Mado Shipwreck No. 4 was a Grain transport ship that sank while carrying tribute from Naju to Hanyang between 1417 and 1425 (King Taejong to King Sejong). All of the 27 whetstones are in the shape of narrow and long sticks. The average values of length, width, thickness, and weight are 161.5 mm, 36.1 mm, 22.7 mm, and 253.2 g, respectively. The result of X-ray diffraction analysis shows that the constituent minerals are quartz, alkali feldspar, and plagioclase, which is similar to that of the high-resolution digital stereomicroscope analysis. The average porosity of Mado-2672 and 2673 is 2.69% and 1.78%, respectively, and the average surface hardness is 807.2HLD and 834.5HLD, respectively. It is interpreted that if the porosity increases beyond a certain level, it affects the decrease in surface hardness. All of these are made of feldspathic sandstones with an average SiO₂ content of 74.51% and were confirmed to be suitable as grindstones. They are all medium whetstones when classified based on the SiO₂ content. These whetstones are small in size and weight and are convenient to carry, so they are presumed to be a type of non-stationary whetstone, and are estimated to have been mainly used in the fields such as weapon polishing and craft production during the Joseon Dynasty.

• Conservation Science in Museum
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• v.30
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• pp.23-46
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• 2023

The Jija Chongtong Gun, owned by Seokdang Museum of Dong-A University, is a tubedstyle heavy weapon of the battlefield in the mid-Joseon Dynasty and is the second largest firearm after Cheonja Chongtong. The original surface color of the Jija Chongtong Gun was obscured by foreign substances and therefore it was judged that its condition requires the conservation treatment. For stable conservation treatment, gamma ray and X-ray non-destructive transmission surveys was conducted to determine the internal structure and conservation condition. And the component analysis on the material components and surface contaminants of Jija Chongtong Gun was conducted by utilizing the p-XRF component analysis, SEM-EDS component analysis, and XRD analysis. As a result of the gamma-ray and X-ray non-destructive transmission investigation, a large amount of air bubbles was observed inside Jija Chongtong Gun, and the part that appeared to be a chaplet by visual observation was not identified. As a result of gamma-ray and p-XRF component analysis, it was confirmed that Jija Chongtong Gun was bronze made of copper (Cu), tin (Sn), and lead (Pb) alloy. As a result of surface analysis of foreign substances using SEM-EDS, it was confirmed that the main components of white foreign substances were calcium (Ca), sulfur (S), and titanium (Ti). Titanium was presumed to be titanium dioxide (TiO₂), the main component of white correction fluid. The red foreign substance was confirmed to contain barium (Ba) as its main ingredient, and was presumed to be barium sulfate (BaSO₄), an extender pigment in paint. White and red contaminants, mainly composed of titanium and barium, are presumed to have been deposited on the surface in recent years. The yellow foreign substances were confirmed to be aluminum (Al) and silicon (Si), and were presumed to have originated from soil components. As a result of SEM-EDS and XRD component analysis, the white foreign substance was confirmed to be gypsum (CaS). Based on the results of component analysis, surface impurities were removed, stabilization treatment, and strengthening treatment were performed. During the conservation process, unknown inscriptions Woo (右), Byeong (兵), Sang (上), and Yi (二) were discovered through a portable microscope and precise 3D scanning. In addition, the carving method, depth, and width of the inscription were measured. Woo Byeong Sang is located above Happo Fortress in Changwon, and Yi can be identified as the second hill.