• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.201-248
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• 2015

In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.

• Korean Journal of Social Welfare
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• v.43
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• pp.131-156
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• 2000

It is recognized that one of the major issues in jail management is responding to the needs of a growing number of inmates with mental health problems. The purpose of this study was to assess the nature and severity of mental health problems among inmate population. The mental health status of 1,500 (1,337 responded) inmates of the 30 prisons located in nationwide area was examined using Minnesota Multiphasic Personality Inventory (MMPI). And the scores on MMPI were examined in relation to some offender characteristics such as type of offence, treatment classification, frequence of discipline. The result indicates that the percentage of inmate population with scores over 70 on every sub-categories of the scale is higher than that of general populations reflecting high rate of deviation from average normal mental health. It seems likely that many of inmates are in need of specific mental health treatment services. The nature and severity of mental health problems varies depending on offender characteristics above mentioned. It is also notable that the inmates are heterogeneous in terms of mental health status, and that severe offences such as robbery, assault, and rape or sexual assault are highly related to the scores on 'antisocial' sub category. The study also reveals that there is a relation, if not causal, between mental health problem and frequency of discipline while in prison. Under basis of these findings, this study concludes that a number of inmates in our prison have mental health problems requiring mental health treatment services and suggests five key steps to effectively respond to the prevalence of mental health problems in prison at both the level of the clinical interventions and at the level of system structure and organization. Specially, the importance of collaborative service strategies of the correctional system with mental health systems are underlined.

• Korean Security Journal
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• no.33
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• pp.81-101
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• 2012

A sudden change of social structure makes the nations have experienced terrorism to establish an anti-terrorism law and associate with international agreements to protect themselves from terrorism. Korea is exposed to terrorism as it has grown in stature by holding the international occasions and has been easy to travel abroad since 1980. Korea regulates the terrorist by a guideline which was established in 1982 by the presidential instruction and other criminal law. However, the majority of people doubt the propriety of overinterpretation of the law and punishment for terrorism. To cope with the situation strongly, it is better to establish an anti-terrorism law to block terrorism and apprehend the terrorist beforehand. Also we should realign an anti-terrorism organization that should be organized by the type of terrorism. In addition, we can expect to avoid waste of a budget and human efforts if we introduce terrorism warning system and face with each stage of situation. Lastly it is possible to prevent terrorism if we build up preventive actions along with the local residents.

• The Journal of the Korea Contents Association
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• v.12 no.3
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• pp.190-205
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• 2012

The purpose of the paper is to provide policy suggestions for effectively tackling subway crimes, based on the UK and USA's crime control strategies and systems of subway crimes. The paper attempts to analyze the characteristics of subway crimes in Seoul Subways, and discovers that many of the crimes on the subways are basically 'opportunistic' crimes. In particular, crime statistics of Seoul Subways clearly show that sexual-related crimes are on the sharp increase. In this context, it is of great essence that official vigilance functions should be strengthened in order to eliminate crime opportunities in Seoul Subways. Based on such an analysis - in particular, focusing on official surveillance and response capabilities of subway passengers - the paper finally presents policy recommendations as follows: 1) an increase in the number of police officers of the Subway Police Squad, 2) an increase in the number of CCTV cameras and their effective use, 3) the development of subway riders' defence abilities, 4) strong law enforcement against minor disorder offences based on zero-tolerance policing, and 5) the reinforcement of community partnerships.

• Architectural research
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• v.17 no.1
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• pp.13-20
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• 2015

The physical environment can dramatically affect students' feeling and their behavior, educational attainment, and the way in which we do school activities. Unlimited access to campus areas without appropriate securities have reported an increase of crime in school area and safety issues has encouraged school facility planners to install securities devices at every corner of buildings. However, it is still questionable whether this approach is enough to protect students and staffs from the victimization of crime, including thefts, burglaries and sexual offences. There has been continued doubt about the safety of educational facilities where individual college students are studying and enjoying extra-curricular activities. Therefore, the purpose of this study is intended to investigate the effects of perception of safety by students on the level of academic performance at public outdoor environment of university campus. An extensive literature noted that the central element of modern school design principle mainly holds the theory of crime prevention through environmental design (CPTED) and the concept of defensible space. The second generation of CPTED also focused on social soft issues as well as situational factors, which extends beyond mere physical design to include social factors. The correlation analysis found that the effect of sense of safety does appear to be statistically significant on the facilitation of academic achievement. However, the analysis of Chi-square concluded that the perception of safety was not related to demographic and socio-economic profiles of the group except for gender. Further, stepwise multiple regression analysis revealed that the most prime predictor for academic achievement were 'safe public outdoor space/paths' at university campus environment, implying careful design of public open space and sidewalks based on the guideline of CPTED. The study also demonstrated that as the level of positive perception of safety rose, the overall academic achievement also responded to the specified rate (${\beta}=.99$). Finally, the findings reinforce an evidence that high-quality school environments are a positive factor in student academic performance.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• Journal of Korean Academy of Nursing
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• v.29 no.5
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• pp.1134-1146
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• 1999

The purpose of this study was to examine the correlation between Juvenile alcohol use and their criminal patterns. The data were collected through questionnaire surveys. Subjects serving for this study were 971 delinquent adolescents in Korea, sampled from 6 juvenile corrective institutions and 2 classification judging institutions, using a census method. Their age range was between 12 and 21. Data were analysed by IBM PC using SAS program. Statistical methods employed were Chi-square and frequency analysis. 1. Of 877 respondents, the number of adolescents committed criminal behaviors while the intoxicated were 230(26.2%), and 647(73.8%) were in a non-intoxicated state. 2. Adolescent under intoxication showed a higher rate of aggressive crimes and assault crimes, whereas adolescents under the non-influence of liquor tended to commit property climes and violations of criminal special law Drunken state adolescents during committing criminal behaviors used knifes, stones or fist-kicking as criminal tools, whereas drug use or without weapons in non drunken state. Most crimes have happened without any tools in both group. 3. In comparison of the alcohol user and the non-user, most alcohol-related crimes among adolescents were committed at AM 0:00 to AM 4:00 during the weekend in the dark, cloudy, and stormy-rainy day, while non-alcohol related crimes were at afternoon of weekday in the clear day. The places that the criminal activities occurred were streets, amusement places such as disco-theque, fields and their own house among alcohol users, whereas victim's house, another person's house and restaurant were chosen among non-alcohol users. 4. The victims assaulted by Juvenile offenders in both drunken and non-drunken state were mostly passer-by(65.4%), followed by their friends(25.1%). And the conditions of victims showed a significant differences between the drunken adolescents and the non-drunken adolescents. The victim's conditions assaulted by intoxicated delinquent adolescents were in quarreling or drunken state, whereas non-alcohol related crimes were directed against victims in a sleeping or irresistible state. 5. Almost over the half of delinquent adolescents perceived their delinquency as wrong behaviors. and alcohol non-user tended to more significantly perceive their criminal acts as wrong conducts. About the half of respondents answered that they committed their criminal acts in spite of having a very good Judgement while doing crimes, the author did not found a significant difference between the two groups. The reasons given for crimes were manifested as follows: it can be seen that ‘to get money for amusements’(30.4 % of all motives) were most common, followed by ‘to commit accidentally the offences’(23.8%), ‘curiosity or heroism’(18.9%). alcohol related crimes tended to be accidental and impulsively without any clear planning, while non-alcohol related crimes tended to be purposeful, directed to make money motivated by curiosity or a desire to live heroically. In Conclusions. the correlation between alcohol use and Juvenile criminal behaviors has been examined in this study. Generally, alcohol use had been found to be highly correlated with aggressive assault crimes including robbery, burglary and rape etc.

• Korean Security Journal
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• no.13
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• pp.47-70
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• 2007

The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

• Korean Security Journal
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• no.55
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• pp.169-192
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• 2018

This article assesses the recent police reform strategy in England and Wales with the Police Reform and Social Responsibility Act 2011. Police and Crime Commissioners have a responsibility not just for the police force but also for reducing crime in their area of responsibility. This ensures that their remit runs much more widely than their predecessor body, the police authority. The article goes on to evaluate the nature and extent of crime by making immediate use of survey of local police commanders. The surveys showed that police commands were swamped with minor crime and anti-social offences. The arrival of Police and Crime Commissioners has meant that now police priorities can be more closely aligned to those of the public and where anti-social behaviour is now recognised as impacting on the lives of many residents more significantly than criminal activity. The article highlights the changes introduced by government following the Winsor Review to police pay, pensions and conditions of service. It reflects on the impact of this on both police morale and professional motivation. It suggests that current government policy is now haemorrhaging the police service as increasing numbers of experienced officers are leaving the police service which could ultimately undermine its long-term resilience as a strategic emergency service.

• Journal of the Korean Geographical Society
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• v.51 no.6
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• pp.853-871
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• 2016

The interest in the prevention of sex crimes and social secure is growing as the number of cases by sexual offences becomes higher. Although various punishable ways have been introduced so far, increasing sex crime is still going on. Thus, effectiveness of legal systems for preventing crimes is questionable. More recently, the approach for environmental criminology has been paid attention for reducing criminal opportunities through environmental design and management of crimes. This study attempts to look over the spatial distribution of sexual crimes in the context of environmental criminology, and examine the correlation between regional environmental factors and the occurrence of sexual crimes empirically. To do this, we visualized the map for sex crimes at the macro-scale and explored the spatial distribution of sexual crimes and spatial clusters based on various spatial statistics using sex crime data published online by the ministry of gender equality and family. Also, we derived the environmental characteristics of sexual crimes by multivariate regression analysis on a large number of explanatory variables of regional environment. Our results will help to understand the current situation and spatial aspects of sex crimes in the nation more realistically. Further, it is respected that our results might be useful basic information for establishing regional policies and plans for the prevention of the sexual crime and enhanced public policing.