• Title/Summary/Keyword: illegal trade

Search Result 59, Processing Time 0.025 seconds

1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
    • /
    • v.53 no.4
    • /
    • pp.274-291
    • /
    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

Improvement of Port Entrance System using RFID (RFID를 활용한 항만출입체계 개선방안)

  • Choi, Hyung-Rim;Kim, Hyun-Soo;Hong, Soon-Gu;Park, Yong-Sung;Kim, Hee-Yoon;Shin, Joong-Jo;Choi, Sung-Pill;Lee, Byung-Ha;Choi, Ki-Nam;Ha, Jeong-Soo
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.11 no.2
    • /
    • pp.709-719
    • /
    • 2010
  • As the world has had a high recognition of security since 9/11 attacks in 2001, many countries and international organizations around the world are making strenuous efforts in establishing stronger security, centering on areas with high possibility of terrorist attacks. In particular, harbor facilities where a great deal of trade take place between countries, have high possibilities of becoming the objects of terrorist attacks and also of becoming places of trading objects and illegal items which might be leveraged for terror attacks. In this study, I have explained the current status of the harbor entrance system through existing documents, interviews and field trips to harbors and have also introduced improvement measures using RFID technology from the viewpoint of BP(Business Process). I expect that this study will be used as basic materials because I have studied the number of people entering harbors and working procedures for vehicle entrance, which have not been studied so far and also laid out various factors to be considered to introduce RFID technology.

Increasing Transnational Threats and Terrorism and Establishment of Integrated Border Security Systems: Focused on U.S., Canada and Australia (초국가적 위협 및 테러리즘 증가와 통합국경안보체계 구축: 미국, 캐나다, 호주를 중심으로)

  • Yoon, Taeyoung
    • Convergence Security Journal
    • /
    • v.17 no.4
    • /
    • pp.69-78
    • /
    • 2017
  • Since the September 11, 2001, transnational crimes and terrorism have increased, the importance of border security has been emphasized and integrated CIQ capability has been required. The U.S., Canada, and Australia are consolidating CIQ to strengthen border security, focusing on strengthening travelers and goods immigration control and airports, ports and land border security. In 2003, the U.S. established the Customs and Border Protection(CBP) under the Department of Homeland Security. Canada also established the Canada Border Services Agency(CBSA) under the Public Safety Canada in 2003. The Australian Customs and Border Protection Service was integrated with the Department of Immigration and Border Protection(DIBP) and the Australian Border Force was established in 2015. However, Korea operates a distributed border management system for each CIQ task which is unable to respond to complex border threats such as illegal immigration, entry of terrorists, smuggling of drugs, and gun trade in the airports, ports and land borders. In order to solve this problem, it is possible to consider integrating sequentially the customs and quarantine services which have high similarities, and to integrate the entire CIQ tasks with the Korea Customs Service delegated to the immigration control duties in the mid to long term. There is also a plan to benchmark the CIQ single accountability agencies in the U.S., Canada, and Australia in accordance with the Korean situation and to establish a new integrated border security organization.

A Study on the Water-Faring Community and Architectural Forms of the 'Tanka People' in Macau from the Ming and Qing Dynasties to the Modern Period (명청-근대시기 마카오 "수상인(水上人)"의 취락 및 건축유형 연구)

  • Hong, Shu-Ying;Han, Dong-Soo
    • Journal of architectural history
    • /
    • v.32 no.3
    • /
    • pp.7-20
    • /
    • 2023
  • The compositions of ethnic groups in Macau vary with time. Prior to the opening of the port, the majority of the residents in Macau were Chinese people, including those living on land and at sea. After the port was opened, with the increase of Portugal businessmen and missionaries, the population was divided into Chinese people and foreigners (so-called 'Yiren' or 夷人 in Chinese). Chinese people living on land were mainly of Hakka, Fujian, and Cantonese descent. Those living at sea were referred to as 'Tanka People' (named 'Danmin' or 蜑民in Chinese). They lived on floating boats for their entire lives and were similar to the 'drifters' in Japan. Since modern times, many refugees from mainland China and Southeast Asia flooded into Macau due to warfare. The development of industrialization required a larger number of laborers, and some 'coolies' entered Macau in legal or illegal ways, making it a multi-ethnic city. However, the Tanka people were not considered a minority ethnic group under the national ethnic policy of 56 ethnic groups since they did not have an exclusive language and shared dialects in different regions. As the ports inhabited by Tanka people gradually restored foreign trade, the boats and stilt houses used by Tanka people were dismantled to expand the infrastructure area of the ports. Many Tanka people began to live on land and marry people on land, leading to the disappearance of the Tanka group in Macau. The fishing boats and stilt houses used by Tanka people have also disappeared, with only a few remaining in areas such as Pearl River Delta and Hong Kong. This paper examines the natural and social environment of Tanka people in Macau from the Ming and Qing dynasties to the Republic of China, as well as the adaptive changes they adopted for the aforementioned environment in terms of living space and architectural type, on the basis of summarizing the historical activities of Tanka people. Finally, this study provides a layout plan and interior structure of the most commonly used boat for Tanka people from the Ming and Qing dynasties to the Republic of China, with the use of CAD and other technical software, along with reference to written historical documentation, and provides a case study for further research on the architectural history of Macau's inner harbor cities, from anthropological and folklore perspectives.

WHICH INFORMATION MOVES PRICES: EVIDENCE FROM DAYS WITH DIVIDEND AND EARNINGS ANNOUNCEMENTS AND INSIDER TRADING

  • Kim, Chan-Wung;Lee, Jae-Ha
    • The Korean Journal of Financial Studies
    • /
    • v.3 no.1
    • /
    • pp.233-265
    • /
    • 1996
  • We examine the impact of public and private information on price movements using the thirty DJIA stocks and twenty-one NASDAQ stocks. We find that the standard deviation of daily returns on information days (dividend announcement, earnings announcement, insider purchase, or insider sale) is much higher than on no-information days. Both public information matters at the NYSE, probably due to masked identification of insiders. Earnings announcement has the greatest impact for both DJIA and NASDAQ stocks, and there is some evidence of positive impact of insider asle on return volatility of NASDAQ stocks. There has been considerable debate, e.g., French and Roll (1986), over whether market volatility is due to public information or private information-the latter gathered through costly search and only revealed through trading. Public information is composed of (1) marketwide public information such as regularly scheduled federal economic announcements (e.g., employment, GNP, leading indicators) and (2) company-specific public information such as dividend and earnings announcements. Policy makers and corporate insiders have a better access to marketwide private information (e.g., a new monetary policy decision made in the Federal Reserve Board meeting) and company-specific private information, respectively, compated to the general public. Ederington and Lee (1993) show that marketwide public information accounts for most of the observed volatility patterns in interest rate and foreign exchange futures markets. Company-specific public information is explored by Patell and Wolfson (1984) and Jennings and Starks (1985). They show that dividend and earnings announcements induce higher than normal volatility in equity prices. Kyle (1985), Admati and Pfleiderer (1988), Barclay, Litzenberger and Warner (1990), Foster and Viswanathan (1990), Back (1992), and Barclay and Warner (1993) show that the private information help by informed traders and revealed through trading influences market volatility. Cornell and Sirri (1992)' and Meulbroek (1992) investigate the actual insider trading activities in a tender offer case and the prosecuted illegal trading cased, respectively. This paper examines the aggregate and individual impact of marketwide information, company-specific public information, and company-specific private information on equity prices. Specifically, we use the thirty common stocks in the Dow Jones Industrial Average (DJIA) and twenty one National Association of Securities Dealers Automated Quotations (NASDAQ) common stocks to examine how their prices react to information. Marketwide information (public and private) is estimated by the movement in the Standard and Poors (S & P) 500 Index price for the DJIA stocks and the movement in the NASDAQ Composite Index price for the NASDAQ stocks. Divedend and earnings announcements are used as a subset of company-specific public information. The trading activity of corporate insiders (major corporate officers, members of the board of directors, and owners of at least 10 percent of any equity class) with an access to private information can be cannot legally trade on private information. Therefore, most insider transactions are not necessarily based on private information. Nevertheless, we hypothesize that market participants observe how insiders trade in order to infer any information that they cannot possess because insiders tend to buy (sell) when they have good (bad) information about their company. For example, Damodaran and Liu (1993) show that insiders of real estate investment trusts buy (sell) after they receive favorable (unfavorable) appraisal news before the information in these appraisals is released to the public. Price discovery in a competitive multiple-dealership market (NASDAQ) would be different from that in a monopolistic specialist system (NYSE). Consequently, we hypothesize that NASDAQ stocks are affected more by private information (or more precisely, insider trading) than the DJIA stocks. In the next section, we describe our choices of the fifty-one stocks and the public and private information set. We also discuss institutional differences between the NYSE and the NASDAQ market. In Section II, we examine the implications of public and private information for the volatility of daily returns of each stock. In Section III, we turn to the question of the relative importance of individual elements of our information set. Further analysis of the five DJIA stocks and the four NASDAQ stocks that are most sensitive to earnings announcements is given in Section IV, and our results are summarized in Section V.

  • PDF

An Analysis on the Conditions for Successful Economic Sanctions on North Korea : Focusing on the Maritime Aspects of Economic Sanctions (대북경제제재의 효과성과 미래 발전 방향에 대한 고찰: 해상대북제재를 중심으로)

  • Kim, Sang-Hoon
    • Strategy21
    • /
    • s.46
    • /
    • pp.239-276
    • /
    • 2020
  • The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.

A study on the activation plan of domestic franchise companies third party logistics (국내 프랜차이즈 기업의 제3자 물류 활성화에 관한 연구 : 본아이에프 사례 중심으로)

  • Cho, Jun-ho;Lee, Sang-Youn
    • The Journal of Industrial Distribution & Business
    • /
    • v.2 no.2
    • /
    • pp.15-24
    • /
    • 2011
  • Modern enterprises should concentrate their efforts on continuous improvements in focusing their development in the core areas of business and to reduce their expenses and to enhance the quality of service for customers. The enterprises should focus on their core business while outsourcing the non-core areas of business to external specialists for the purpose of reducing cost. In South Korea, the enterprises are becoming increasingly interested in outsourcing their logistics function, especially in using IT technologies to the 3PL. The underlying reason for this trend is because the logistics costs of Korean businesses are much higher than that of other advanced countries. This higher logistic costs weakens the price competitiveness of Korean companies in the overseas export markets and even dampening the balance of international trade. Domestically, the higher logistics costs have the effect of raising prices in the local markets and thus affecting the local economy. Therefore a solution is urgently needed to save the logistics costs for the Korean companies in the interest of increasing national competitiveness. Outsourcing to the 3PL is becoming an attraction solution to this problem. Thanks to the increasing supply of professional logistics companies, many of the enterprises are switching to the Third Party Logistics. Nevertheless the enterprises do not yet utilize the integrated third-party logistics services on a full scale. This study analyzes present conditions and problems of the domestic third-party logistics market and suggests directions for future development. To solve the problems in the domestic third-party logistics market, four actions are recommended. First there should be new supporting policies in the laws and regulations and a system for small and medium sized companies to grow. Solutions to structural problems such as abnormal multilevel merchandising, illegal operation of private cars, and freight dumping should be implemented concurrently. Furthermore, standards for new companies entry into the market should be enhanced to allow only the competitive distribution companies to enter the market. Second, development of variety of educational programs is needed through establishing human-resource development system and specialized formal educational institution focused on this market. Third, the third party distribution companies, which seek long-term relationships with the owners of goods, should endeavor to strengthen their communications capability. Fourth, adoption of high-tech distribution system and the advent of U-Logistics, making use of RFID is urgent. This study has the limitation of objectivity because it does not include various comparative case studies about companies relating to the Third Party Logistics and domestic franchise companies. However, this study is significant to the extent that it analyzes the general present conditions and the problems of domestic Third Party Logistics and suggests recommendations for revitalization of Third Party Logistics. For future studies, analyzing the successful cases of international third party logistics companies' empirical data and studying the application into domestic franchise companies would improve the objectivity of the results. This would assist the domestic third party logistics companies not only to perform excellent domestic logistics function but also to enter into the global market for international logistics.

  • PDF

Detection of Phantom Transaction using Data Mining: The Case of Agricultural Product Wholesale Market (데이터마이닝을 이용한 허위거래 예측 모형: 농산물 도매시장 사례)

  • Lee, Seon Ah;Chang, Namsik
    • Journal of Intelligence and Information Systems
    • /
    • v.21 no.1
    • /
    • pp.161-177
    • /
    • 2015
  • With the rapid evolution of technology, the size, number, and the type of databases has increased concomitantly, so data mining approaches face many challenging applications from databases. One such application is discovery of fraud patterns from agricultural product wholesale transaction instances. The agricultural product wholesale market in Korea is huge, and vast numbers of transactions have been made every day. The demand for agricultural products continues to grow, and the use of electronic auction systems raises the efficiency of operations of wholesale market. Certainly, the number of unusual transactions is also assumed to be increased in proportion to the trading amount, where an unusual transaction is often the first sign of fraud. However, it is very difficult to identify and detect these transactions and the corresponding fraud occurred in agricultural product wholesale market because the types of fraud are more intelligent than ever before. The fraud can be detected by verifying the overall transaction records manually, but it requires significant amount of human resources, and ultimately is not a practical approach. Frauds also can be revealed by victim's report or complaint. But there are usually no victims in the agricultural product wholesale frauds because they are committed by collusion of an auction company and an intermediary wholesaler. Nevertheless, it is required to monitor transaction records continuously and to make an effort to prevent any fraud, because the fraud not only disturbs the fair trade order of the market but also reduces the credibility of the market rapidly. Applying data mining to such an environment is very useful since it can discover unknown fraud patterns or features from a large volume of transaction data properly. The objective of this research is to empirically investigate the factors necessary to detect fraud transactions in an agricultural product wholesale market by developing a data mining based fraud detection model. One of major frauds is the phantom transaction, which is a colluding transaction by the seller(auction company or forwarder) and buyer(intermediary wholesaler) to commit the fraud transaction. They pretend to fulfill the transaction by recording false data in the online transaction processing system without actually selling products, and the seller receives money from the buyer. This leads to the overstatement of sales performance and illegal money transfers, which reduces the credibility of market. This paper reviews the environment of wholesale market such as types of transactions, roles of participants of the market, and various types and characteristics of frauds, and introduces the whole process of developing the phantom transaction detection model. The process consists of the following 4 modules: (1) Data cleaning and standardization (2) Statistical data analysis such as distribution and correlation analysis, (3) Construction of classification model using decision-tree induction approach, (4) Verification of the model in terms of hit ratio. We collected real data from 6 associations of agricultural producers in metropolitan markets. Final model with a decision-tree induction approach revealed that monthly average trading price of item offered by forwarders is a key variable in detecting the phantom transaction. The verification procedure also confirmed the suitability of the results. However, even though the performance of the results of this research is satisfactory, sensitive issues are still remained for improving classification accuracy and conciseness of rules. One such issue is the robustness of data mining model. Data mining is very much data-oriented, so data mining models tend to be very sensitive to changes of data or situations. Thus, it is evident that this non-robustness of data mining model requires continuous remodeling as data or situation changes. We hope that this paper suggest valuable guideline to organizations and companies that consider introducing or constructing a fraud detection model in the future.

International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.26 no.1
    • /
    • pp.3-30
    • /
    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of 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(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of 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 only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of 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 authorized 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. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

  • PDF