• Title/Summary/Keyword: law of war

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A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.37-61
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    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

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A Comparative Study of Disabled People's Welfare and Accessibility Facilities in Korea and Japan

  • Park Rae-Joon
    • The Journal of Korean Physical Therapy
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    • v.11 no.1
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    • pp.1-21
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    • 1999
  • Japanese welfare legislation for the disabled was enacted via Law 283 on December 26. 1956. The push for such legislation at the national level had gown concurrent with development of Japan's post-war economy Korean welfare law for disabled was made 22 years later and was again amended in 1989. The current legislation promotes and supports the legal welfare of the Koran disabled. The following are the results of a comparison between Korean and Japanese accessibility facilities and welfare law; 1) Japan's developement of disabled people's welfare law is inextricably linked to the development of disabled people's advocacy and the human rights movement. In addition, welfare policy has shifts its mandate from rehabilitation to independent living. It follows that local altitudes will play a pivotal role in further policy initiatives. Korean disabled people's welfare policy emerged hand in hand with economic recovery and development following the Korean War. By 1977 a special education law was enacted which-like it Japanese counterpart-promoted the education of disabled children. 2) Accessibility facilities were developed privately movement. The disabled faced constant and systematic disadvantages in public/private buildings and transportation systems. A general lack of cultural awareness and information relating ti these problems prevailed. These included-hut were by no means limited to sign language (for hearing the impaired) and braille(the language of blind). However, new attitudes and improvements have since emerged and new laws have resulted in the publication of Korean 'White Book' outlining the everyday problems faced by the disabled. In addition, mort convenient access facilities have been constructed in public and private buildings. In closing, legal support for the disabled, senior citizens and pregnant women continues to be improved by newer legislation enacted tin April 6, 1977.

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A Study on Effective Peacekeeping Activities of Korean Police in International Conflict Areas (국제 분쟁지역에서 한국경찰의 효과적인 평화유지활동에 관한 연구)

  • Park, Jong-Hyun
    • Convergence Security Journal
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    • v.20 no.4
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    • pp.227-236
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    • 2020
  • Peacekeeping operations (PKO), which were based mainly on military operations in the Cold War era, have become diverse in the post-Cold War era. The history of the PKO of Korean police began in 1994 as two policemen were deployed to Somalia for rebuilding law and order in this country, but the role of Korean police in PKO has been limited so far, compared to that of Korean military. At this point when global conflicts escalate does the UN urge its 193 member states to conduct diverse PKO. In particular, maintaining law and order as the primary duty of police is required strictly for law enforcement while the warring country is being rebuilt. In this regard, some member states such as US, China, and Germany have deployed police force in order to play its role in a direct or indirect manner. On the contrary, the extent of the contribution of Korean police in PKO is too insignificant to measure. To this end, here in the present study were analyzed first the trend of global conflicts and the circumstance of law and order in the conflict regions. Then the PKO of police from countries including Republic of Korea, US, China, and Germany were compared, and so was the chronological change of PKO. Last, a measure to expand the capacity of Korean police and for its active role in PKO was proposed.

A Review of Use of Outer Space for Military Purposes From an International Law Perspective (우주의 군사적 이용에 관한 국제법적 검토 - 우주법의 점진적인 발전을 중심으로 -)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.303-325
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    • 2015
  • The latest slogan put forth by the international space community is the safety, security, and sustainability of outer space activities. The security of outer space activities, in particular, would be defined as the secure state from space-based threats. The latter comprises passive threats (such as collision with other satellites and space debris) and aggressive threats (such as electromagnetic interference, arms race on the earth or in outer space, and military attacks). Has outer space been used for military purposes in practice? If so, does international law regulate the military space activities it? The use of outer space for military purposes is referred to as space militarization and space weaponisation. Satellites has been used in Gulf War, Kosovo War, and Afghan War, recently, and research and development on space weapons are under way. Since only the placement of weapons of mass destruction on orbit around the earth is prohibited in accordance with 1967 Outer Space Treaty, it may be asked whether other weapons may be placed on orbit. It will be necessary to analyze the stance of on the above question, by studying UN space-related treaties including UN Charter. New international space norms represented by PPWT, ICoC, and UN GGE Report are at the center of progressive development of international law. In conclusion, the author will signpost the various points on international norms to be codified on the use of outer space for military purposes.

Change of International Political Order s and International Aviation Orders - From the viewpoint of International Aviation Law and R.O.K- U.S Air Service Agreement - (국제정치와 국제항공의 질서의 변화 - 국제항공법과 한미항공협정을 중심으로 -)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.109-142
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    • 2005
  • This paper aims to study international political orders and aviational orders since the second World War, to investigate the influences between the two orders, to connect them with the air transportation service agreement between Korea and USA, and to prospect international aviation orders in the future. The first international aviation order after the second World War is built up by international public goods under hegemonic stability theory in the realistic international order. Second order is a kind of cooperation system through the international institutions under the neo-liberalistic international order from the late of 1970s. Third order is the multiple cooperation through the shared epistemology, understanding, and knowledge under the international social constructivism from the 1990s. This paper prospects that international aviation order in the future will be developed through the multiple channels for the civilian users' conveniences and the openness for the users.

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Historical and International Legal Study on Security Characteristics of the Peace Line (평화선의 안보적 성격에 관한 역사적·국제법적 고찰)

  • Yang, Jae Young
    • Strategy21
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    • s.44
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    • pp.291-322
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    • 2018
  • This research aims to cast light upon security characteristics of the Peace Line, which have been underestimated. To understand maritime order and maritime security policy of the Republic of Korea between 1950 and 1970, it is necessary to analyze the Peace Line as line of defence and to investigate its character This research begins with analyzation of historical facts and investigation on security characteristics of the Peace Line. It goes further to examination of legal justification of the Peace Line, which was one of international legal issues of the period, principally regarding its security characteristics. As results of the study, it could be said that the security characteristics of the Peace Line was the line of defensive waters, which set its goal mainly to prevent infiltration of communist spies. The Peace Line had practical effect as it functioned as a base line of the ROK Navy to take anti-spy operation. At the early phase of the Korea-Japan Negotiation, the Korea delegation interpreted significance of the Peace Line passively. After abrogation of Clark Line, the delegation, however, became positive to maintain the Peace Line and its security characteristics. Security characteristics of the Peace Line was recognized again, as it became the base line of special maritime zone which was made in 1972. Through analysis on international law, it is concluded that the Peace Line was fair as a part of the right of self-defense against indirect aggression. North Korea attempted indirect aggression mainly from sea way, and these might undermine peace and cause urgent and unjust damage on the ROK. Thus the ROK's action of anti-spy operation through the Peace Line can be justifiable as considering the right of self-defence. Also the Peace Line accorded with principles of necessity, immediacy and proportionality. As it was argued on the above, the Peace Line as line of defence was one of the most significant factor in the ROK's maritime security history from the Hot war against communist forces to Cold war period after Korean War and must not be underestimated.

Legislation on Space Security: South Korean and Poland Challenges

  • Polkowska, Malgorzata
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.79-123
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    • 2019
  • This article refers to the Space security legislation in South Korea and Poland. Both states have already prepared some legislation on Security in Space- the question is the following- if there is still a need of progress and if those presented legislation are sufficient for the practical purposes of the peaceful uses of Outer Space. South Korea is a much more experienced state in using space than Poland; the same seems with the legislation. Poland as less experienced state in this matter has lots of ambitions to create the efficient legislation on Space security, so it must follow the good examples of states and institution in this matter. One of them is Korea. On the other state, Poland as a Member of EU must implement the European law in space security (in particular SSA), which seems to be priceless and efficient for the international cooperation in Space.

The China Coast Guard Law (2021): A New Tool for Intimidation and Aggression (중국해안경비법(Coast Guard Law)(2021): 위협과 공격을 위한 도구)

  • Pedrozo, Raul (Pete)
    • Maritime Security
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    • v.3 no.1
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    • pp.1-44
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    • 2021
  • China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

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Comparative Analysis of Cosmic Radiation Exposure Dose Due to the Russian Detour Route

  • Hee-Bok Ahn;Jaeyoung Kwak;Junga Hwang
    • Journal of Astronomy and Space Sciences
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    • v.40 no.2
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    • pp.59-66
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    • 2023
  • Since the World Health Organization (WHO) officially announced a global pandemic on March 12, 2020, the aviation industry in the world has been experiencing difficulties for a long time. Meanwhile, the Ukraine war broke out in February, and from March 15, domestic airlines must operate air routes bypassing Russian airspace despite the longer flight time. Therefore, as the flight time increases, the cosmic radiation exposure dose of the crew members is also expected to increase. Here we compare the radiation exposure dose between the route doses for the eastern United States and Europe before and after the detour route usage. Through the comparison analysis, we tried to understand how cosmic radiation changes depending on the flight time and the latitude and which one contributes more. We expect that this study can be used for the policy update for the safety management of cosmic radiation for aircrews in Korea.

Analysis of Physical Combat Power for Unmanned Combat Aerial Vehicle (무인전투기 물리적 전투력 분석)

  • Min, Seungsik;Oh, Kyungwon
    • Journal of Aerospace System Engineering
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    • v.11 no.6
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    • pp.50-55
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    • 2017
  • The objective of this study was to use the Lanchester equation to predict the outcome of our engagement between our unmanned aerial vehicle (UAV) (Blue Group) and enemy UAV (Red Group). Lanchester's law states that the power of corps is proportional to the number of combatants. A second law states that the power of corps is proportional to the square of the number of combatants. The first law is a suitable law for guerrilla warfare while the second law is known as the law suitable for all-out war. Therefore, the second law is commonly used. The second law of Lanchester's was used in this study to predict engagement results. We estimated the battle loss rate value to win the battle as well as the required power number. We also predicted power number to make the damage of our group less than one. The battle loss rate to reliably receive victory when the enemy's UAV and the ally's UAV are equal in number of combat units must be 1: 1.5 or more.