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The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

A Case Study on Implementation of Mobile Information Security (모바일 정보보안을 위한 실시간 모바일 기기 제어 및 관리 시스템 설계.구현 사례연구)

  • Kang, Yong-Sik;Kwon, Sun-Dong;Lee, Kang-Hyun
    • Information Systems Review
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    • v.15 no.2
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    • pp.1-19
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    • 2013
  • Smart working sparked by iPhone3 opens a revolution in smart ways of working at any time, regardless of location and environment. Also, It provide real-time information processing and analysis, rapid decision-making and the productivity of businesses, including through the timely response and the opportunity to increase the efficiency. As a result, every company are developing mobile information systems. But company data is accessed from the outside, it has problems to solve like security, hacking and information leakage. Also, Mobile devices such as smart phones belonging to the privately-owned asset can't be always controlled to archive company security policy. In the meantime, public smart phones owned by company was always applied security policy. But it can't not apply to privately-owned smart phones. Thus, this paper is focused to archive company security policy, but also enable the individual's free to use of smart phones when we use mobile information systems. So, when we use smart phone as individual purpose, the normal operation of all smart phone functions. But, when we use smart phone as company purpose like mobile information systems, the smart phone functions are blocked like screen capture, Wi-Fi, camera to protect company data. In this study, we suggest the design and implementation of real time control and management of mobile device using MDM(Mobile Device Management) solution. As a result, we can archive company security policy and individual using of smart phone and it is the optimal solution in the BYOD(Bring Your Own Device) era.

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Comparison of Association Rule Learning and Subgroup Discovery for Mining Traffic Accident Data (교통사고 데이터의 마이닝을 위한 연관규칙 학습기법과 서브그룹 발견기법의 비교)

  • Kim, Jeongmin;Ryu, Kwang Ryel
    • Journal of Intelligence and Information Systems
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    • v.21 no.4
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    • pp.1-16
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    • 2015
  • Traffic accident is one of the major cause of death worldwide for the last several decades. According to the statistics of world health organization, approximately 1.24 million deaths occurred on the world's roads in 2010. In order to reduce future traffic accident, multipronged approaches have been adopted including traffic regulations, injury-reducing technologies, driving training program and so on. Records on traffic accidents are generated and maintained for this purpose. To make these records meaningful and effective, it is necessary to analyze relationship between traffic accident and related factors including vehicle design, road design, weather, driver behavior etc. Insight derived from these analysis can be used for accident prevention approaches. Traffic accident data mining is an activity to find useful knowledges about such relationship that is not well-known and user may interested in it. Many studies about mining accident data have been reported over the past two decades. Most of studies mainly focused on predict risk of accident using accident related factors. Supervised learning methods like decision tree, logistic regression, k-nearest neighbor, neural network are used for these prediction. However, derived prediction model from these algorithms are too complex to understand for human itself because the main purpose of these algorithms are prediction, not explanation of the data. Some of studies use unsupervised clustering algorithm to dividing the data into several groups, but derived group itself is still not easy to understand for human, so it is necessary to do some additional analytic works. Rule based learning methods are adequate when we want to derive comprehensive form of knowledge about the target domain. It derives a set of if-then rules that represent relationship between the target feature with other features. Rules are fairly easy for human to understand its meaning therefore it can help provide insight and comprehensible results for human. Association rule learning methods and subgroup discovery methods are representing rule based learning methods for descriptive task. These two algorithms have been used in a wide range of area from transaction analysis, accident data analysis, detection of statistically significant patient risk groups, discovering key person in social communities and so on. We use both the association rule learning method and the subgroup discovery method to discover useful patterns from a traffic accident dataset consisting of many features including profile of driver, location of accident, types of accident, information of vehicle, violation of regulation and so on. The association rule learning method, which is one of the unsupervised learning methods, searches for frequent item sets from the data and translates them into rules. In contrast, the subgroup discovery method is a kind of supervised learning method that discovers rules of user specified concepts satisfying certain degree of generality and unusualness. Depending on what aspect of the data we are focusing our attention to, we may combine different multiple relevant features of interest to make a synthetic target feature, and give it to the rule learning algorithms. After a set of rules is derived, some postprocessing steps are taken to make the ruleset more compact and easier to understand by removing some uninteresting or redundant rules. We conducted a set of experiments of mining our traffic accident data in both unsupervised mode and supervised mode for comparison of these rule based learning algorithms. Experiments with the traffic accident data reveals that the association rule learning, in its pure unsupervised mode, can discover some hidden relationship among the features. Under supervised learning setting with combinatorial target feature, however, the subgroup discovery method finds good rules much more easily than the association rule learning method that requires a lot of efforts to tune the parameters.

Development of GIS based Water Quality Simulation System for Han River and Kyeonggi Bay Area (한강과 경기만 지역 GIS 기반 통합수질모의 시스템 개발)

  • Lee, Chol-Young;Kim, Kye-Hyun
    • Journal of Korea Spatial Information System Society
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    • v.10 no.4
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    • pp.77-88
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    • 2008
  • There has been growing demands to manage the water quality of west coastal region due to the large scale urbanization along the coastal zone, the possibility of application of TMDL(Total Maximum Daily Loadings) to Han river, and the natural disaster such as oil spill incident in Taean, Chungnam. However, no system has been developed for such purposes. In this background, the demand of GIS based effective water quality management has been increased to monitor water quality environment and propose best management alternatives for Han river and Kyeonggi bay. This study mainly focused on the development of integrated water quality management system for Han river bas in and its estuary are a connected to Kyeonggi bay to support integrated water quality management and its plan. Integration was made based on GIS by spatial linking between water quality attributes and location information. A GIS DB was built to estimate the amount of generated and discharged water pollutants according to TMDL technical guide and it included input data to use two different water quality models--W ASP7 for Han river and EFDC for coastal area--to forecast water quality and to suggest BMP(Best management Practices). The results of BOD, TN, and TP from WASP7 were used as the input to run EFDC. Based on the study results, some critical areas which have relatively higher pollutant loadings were identified, and it was also identified that the locations discharging water pollutant loadings to river and seasonal factor affected water quality. And the relationship of water quality between river and its estuary area was quantitatively verified. The results showed that GIS based integrated system could be used as a tool for estimating status-quo of water quality and proposing economically effective BMPs to mitigate water pollution. Further studies need to be made for improving system's capabilities such as adding decision making function as well as cost-benefit analysis, etc. Also, the concrete methodology for water quality management using the system need to be developed.

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Analysis on Social Area of Taegu (대구시의 사회지역분석)

  • Choi, Seok-Joo
    • Journal of the Korean association of regional geographers
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    • v.3 no.2
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    • pp.209-225
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    • 1997
  • Today, rapid progress of urbanization is discovered commonly in many countries, especially in developing countries, which has led to spatial order and development process of city. Historically, Taegu was a walled city and formed mono-nucleus which was restricted by the castle. As the city grew gradually, the castle was removed as a result of diversification in traffic network, change of socio-economic environment, formation of industrial base and functional distribution. According to reconstruction maps of residential patterns, there was distinctive residential segregation among ethnic groups. Koreans in Taegu in 1939, aggregated densely in the southern and western parts of the city. The Japanese were concentrated densely in the northern and eastern parts of Taegu. And the street pattern within residential areas of the Korean people was shaped like a maze type in contrast with Japanese residential areas, which showed grid pattern of streets. This is another general pattern of almost all colonial cities, especially in Asia. Through this process, today it appears that, out of overall residential areas which occupy the highest ratio in urban land use, those for eminent people influence the functional development of urban spatial structure very heavily as a key point in urban residetial structure. Truly, residential segregation can be seen as the spatial manifestation of uneven distribution of such important scarce resources as housing and residential environment. In this study, the characteristics of locational distribution of the eminent people show their socially and economically stabilized standing in Taegu, taking the aforesaid situation as a background of the study. And the process of this study is as follows ; to examine the forming process of residential areas in the city as a theoretical supporting, to put in order on classical interpretation to formation of residential areas, and general type modern residential areas formation, and economic decision factor of land use. Therefore, this study aims to examine growth and development of eminent persons' residential areas and, at the same time, extract locational characteristics through the pattern of eminent persons' location and predict changes in the future.

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CONSIDERATIONS OF ANESTHETIC METHOD OF DEEP IMPACTED MESIODENS (심부 매복 정중 과잉치 수술 시 마취방법 선택)

  • Min, Soo-Young;Song, Je-Seon;Lee, Jae-Ho;Choi, Hyung-Jun;Son, Heung-Kyu;Kim, Seong-Oh
    • Journal of the korean academy of Pediatric Dentistry
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    • v.39 no.1
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    • pp.90-96
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    • 2012
  • Supernumerary tooth occurs most frequently at premaxilla area. Followed by mandibular premolar area, mandibular fourth molar area, maxillary paramolar area. Mesiodens are mainly impacted in the palatal area and surgical approach is made at palatal side. The time of surgery remains controversial. In case of inverted or horizontal impacted supernumerary tooth, intraosseous tooth movement and vertical growth of premaxilla makes surgical extraction more difficult. And also the more quantity of removed bone is, the higher degree of difficulty is. Inverted mesiodens of these cases were impacted superior to apex level of adjacent permanent incisor. Although CT examination revealed exact location of impacted tooth, surgical procedure including ostectomy may take a long time more than expected. So, before surgical extraction, it's need to be considered several factors such as necessity of CT taking, degree of difficulty, direction of surgical approach, necessity of general anesthesia etc.

The Effect of the Degree of Competition of the Hospital Market Regions on Clinic's Rate of Antibiotics Prescription (병원시장지역 내 경쟁 정도가 의원급 의료기관의 항생제 처방률에 미치는 영향)

  • Jo, Changik;Lim, Jae-Young;Lee, Soo Yeon
    • KDI Journal of Economic Policy
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    • v.30 no.2
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    • pp.129-155
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    • 2008
  • The rate of antibiotics prescription for an acute airway infection significantly varies depending upon the diagnosis type, specialty, and the location of the hospital along with many other related factors. The objective of this study is to empirically investigate the possible relationship between the antibiotics prescription rates for an acute airway infection and the degree of competition in the hospital market regions of mainly the providers of primary medical care services such as clinics, internal medicines, pediatrics and otorhinolaryngology department. Using the data from Health Insurance Review and Assessment Service (HIRA) regarding the hospitals' antibiotics prescription rates for the acute airway infection and controlling for selected variables of demand and supply sectors, this study tries to figure out that the degree of competition in the hospital market, regardless of what type of competition indexes we employed, has a statistically significant effect on the variations of antibiotics prescription rate of the clinics in local areas. This result implies that as an economic consideration itself, the change in the degree of competition in the hospital market can play a crucial role influencing the treatment behaviors of the medical doctors. More specifically, this study reveals that as the degree of competition increases the antibiotics prescription rate goes up. This result means that if the market becomes more competitive in a specific region so that it might cause a reduction in doctor's income, doctors with rational decision-making process, recognize that the benefit created from inducing patients' seemingly unnecessary demand for medical care (income effect) would be higher than the costs associated with sustaining their targeted income (substitution effect). It is because that the doctors are more likely to prescribe antibiotics which create relatively higher margins than other medical care services in order to sustain their targeted income when the hospital market competition becomes tighter. Even though this study empirically confirms that antibiotics prescription can be affected by the economic incentives, it still raises following issues as limitations of the study: first issue is about the representativeness of the hospital regions segregated for this study, which might be weak in explaining whether these regions are mutually exclusive in reality. Patients actually consider the quality of services, transportation cost, time costs, and any other related factors choosing the doctors or hospitals, and in that sense, this study rules out 'border-crossing' in using the medical care services. Second issue arises in capturing the data of antibiotics prescription rate. Since we use the average rate for each medical institution, we cannot figure out the average rate for each patient so that we are not able to control for the variation of patients' medical conditions. It is because of the unavailability of data regarding each patient's medical condition from HIRA. Thirdly, since this study mainly analyzes the medical institutions providing primary care such as clinics, internal medicines, pediatrics, and otorhinolaryngology department, it is skeptical of whether those institutions can represent the hospital market in respective regions and truly reflect the degree of competition. It needs to extend the study areas and disease types as well as any micro data for future studies.

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Conflicts between the Conservation and Removal of the Modern Historic Landscapes - A Case of the Demolition Controversy of the Japanese General Government Building in Seoul - (근대 역사 경관의 보존과 철거 - 구 조선총독부 철거 논쟁을 사례로 -)

  • Son, Eun-Shin;Pae, Jeong-Hann
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.4
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    • pp.21-35
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    • 2018
  • In recent years, there has been a tendency to reuse 'landscapes of memory,' including industrial heritages, modern cultural heritages, and post-industrial parks, as public spaces in many cities. Among the various types of landscapes, 'modern historic landscapes', which were formed in the 19th and 20th centuries, are landscapes where the debate between conservation and removal is most frequent, according to the change of evaluation and recognition of modern history. This study examines conflicts between conservation and removal around modern historic landscapes and explores the value judgment criteria and the process of formation of those landscapes, as highlighted in the case of the demolition controversy of the old Japanese general government building in Seoul, which was dismantled in 1995. First, this study reviews newspaper articles, television news and debate programs from 1980-1999 and some articles related to the controversy of the Japanese general government building. Then it draws the following six factors as the main issues of the demolition controversy of the building: symbolic location, discoveries and responses of new historical facts, reaction and intervention of a related country, financial conditions, function and usage of the landscape, changes of urban, historical and architectural policies. Based on these issues, this study examines the conflicts between symbolic values that play an important role in the formation of modern historic landscapes and determines conservation or removal, and the utility of functional values that solve the problems and respond to criticisms that arise in the process of forming the modern historic landscape. Especially, it is noted that the most important factor that makes the decision is the symbolic values, although the determination of the conservation or removal of modern historic landscapes has changed according to changes in historical perceptions of modern history. Today, the modern historic landscape is an important site for urban design, and still has historical issues to be agreed upon and addressed. Thi study has contemporary significance from the point that it divides the many values of modern historic landscapes into symbolic values and functional values, evaluates these, and reviews the background social context.

How effective has the Wairau River erodible embankment been in removing sediment from the Lower Wairau River?

  • Kyle, Christensen
    • Proceedings of the Korea Water Resources Association Conference
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    • 2015.05a
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    • pp.237-237
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    • 2015
  • The district of Marlborough has had more than its share of river management projects over the past 150 years, each one uniquely affecting the geomorphology and flood hazard of the Wairau Plains. A major early project was to block the Opawa distributary channel at Conders Bend. The Opawa distributary channel took a third and more of Wairau River floodwaters and was a major increasing threat to Blenheim. The blocking of the Opawa required the Wairau and Lower Wairau rivers to carry greater flood flows more often. Consequently the Lower Wairau River was breaking out of its stopbanks approximately every seven years. The idea of diverting flood waters at Tuamarina by providing a direct diversion to the sea through the beach ridges was conceptualised back around the 1920s however, limits on resources and machinery meant the mission of excavating this diversion didn't become feasible until the 1960s. In 1964 a 10 m wide pilot channel was cut from the sea to Tuamarina with an initial capacity of $700m^3/s$. It was expected that floods would eventually scour this 'Wairau Diversion' to its design channel width of 150 m. This did take many more years than initially thought but after approximately 50 years with a little mechanical assistance the Wairau Diversion reached an adequate capacity. Using the power of the river to erode the channel out to its design width and depth was a brilliant idea that saved many thousands of dollars in construction costs and it is somewhat ironic that it is that very same concept that is now being used to deal with the aggradation problem that the Wairau Diversion has caused. The introduction of the Wairau Diversion did provide some flood relief to the lower reaches of the river but unfortunately as the Diversion channel was eroding and enlarging the Lower Wairau River was aggrading and reducing in capacity due to its inability to pass its sediment load with reduced flood flows. It is estimated that approximately $2,000,000m^3$ of sediment was deposited on the bed of the Lower Wairau River in the time between the Diversion's introduction in 1964 and 2010, raising the Lower Wairau's bed upwards of 1.5m in some locations. A numerical morphological model (MIKE-11 ST) was used to assess a number of options which led to the decision and resource consent to construct an erodible (fuse plug) bank at the head of the Wairau Diversion to divert more frequent scouring-flows ($+400m^3/s$)down the Lower Wairau River. Full control gates were ruled out on the grounds of expense. The initial construction of the erodible bank followed in late 2009 with the bank's level at the fuse location set to overtop and begin washing out at a combined Wairau flow of $1,400m^3/s$ which avoids berm flooding in the Lower Wairau. In the three years since the erodible bank was first constructed the Wairau River has sustained 14 events with recorded flows at Tuamarina above $1,000m^3/s$ and three of events in excess of $2,500m^3/s$. These freshes and floods have resulted in washout and rebuild of the erodible bank eight times with a combined rebuild expenditure of $80,000. Marlborough District Council's Rivers & Drainage Department maintains a regular monitoring program for the bed of the Lower Wairau River, which consists of recurrently surveying a series of standard cross sections and estimating the mean bed level (MBL) at each section as well as an overall MBL change over time. A survey was carried out just prior to the installation of the erodible bank and another survey was carried out earlier this year. The results from this latest survey show for the first time since construction of the Wairau Diversion the Lower Wairau River is enlarging. It is estimated that the entire bed of the Lower Wairau has eroded down by an overall average of 60 mm since the introduction of the erodible bank which equates to a total volume of $260,000m^3$. At a cost of $$0.30/m^3$ this represents excellent value compared to mechanical dredging which would likely be in excess of $$10/m^3$. This confirms that the idea of using the river to enlarge the channel is again working for the Wairau River system and that in time nature's "excavator" will provide a channel capacity that will continue to meet design requirements.

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Creation of Actual CCTV Surveillance Map Using Point Cloud Acquired by Mobile Mapping System (MMS 점군 데이터를 이용한 CCTV의 실질적 감시영역 추출)

  • Choi, Wonjun;Park, Soyeon;Choi, Yoonjo;Hong, Seunghwan;Kim, Namhoon;Sohn, Hong-Gyoo
    • Korean Journal of Remote Sensing
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    • v.37 no.5_3
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    • pp.1361-1371
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    • 2021
  • Among smart city services, the crime and disaster prevention sector accounted for the highest 24% in 2018. The most important platform for providing real-time situation information is CCTV (Closed-Circuit Television). Therefore, it is essential to create the actual CCTV surveillance coverage to maximize the usability of CCTV. However, the amount of CCTV installed in Korea exceeds one million units, including those operated by the local government, and manual identification of CCTV coverage is a time-consuming and inefficient process. This study proposed a method to efficiently construct CCTV's actual surveillance coverage and reduce the time required for the decision-maker to manage the situation. For this purpose, first, the exterior orientation parameters and focal lengths of the pre-installed CCTV cameras, which are difficult to access, were calculated using the point cloud data of the MMS (Mobile Mapping System), and the FOV (Field of View) was calculated accordingly. Second, using the FOV result calculated in the first step, CCTV's actual surveillance coverage area was constructed with 1 m, 2 m, 3 m, 5 m, and 10 m grid interval considering the occluded regions caused by the buildings. As a result of applying our approach to 5 CCTV images located in Uljin-gun, Gyeongsnagbuk-do the average re-projection error was about 9.31 pixels. The coordinate difference between calculated CCTV and location obtained from MMS was about 1.688 m on average. When the grid length was 3 m, the surveillance coverage calculated through our research matched the actual surveillance obtained from visual inspection with a minimum of 70.21% to a maximum of 93.82%.