• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.189-217
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• 2017

Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

• Korean Security Journal
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• no.36
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• pp.139-176
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• 2013

It is believed that the Koryo dynasty era is the period which has very special meaning with regard to the history of the VIP guard system. The guard system in the early Koryo dynasty time focused on the official protection for kings and their families with absolute royal authority. On the contrary, the guard system in the late Koryo dynasty time, especially military regime period, conducted providing private protection for military rulers and increasing their power. The official guard troops named 2Gun6Wii became just perfunctory organizations at that time. That is the reason why this study develops the discussion only about the guard system of the early Koryo time. The official VIP guard organizations under the government structure of the early Koryo period were Naegoonbu, Byeongbu and Joongchoowon. This study particularly reviewed the Joongchoowon with thorough research. In the meantime, the guard organizations under the military chart of the early Koryo period were 2Gun6Wii, Gonghakgoon, Geonryonggun and so on. 2Gun consisted of ungyanggun and yonghogun. They were the royal bodyguards. This study especially tried to review the substance of the Gonghakgoon, Geonryonggun with different point of view from other theories. The Gumowwii, one of 6 Wii, conducted many official duties such as royal palace protection, capital city Gaesung defence, area patrols, criminal apprehension and disturbance prevention. It also accomplished crowd control and convoy mission at the streets to respond emergency cases while carrying out VIP protection roles for kings and Chinese diplomats. Many bibliographies verified that the Chunwoowii was the royal bodyguards which helped kings during state ceremonies and grand meetings held by kings. Consequentially, it is true that this study discovered, analyzed and evaluated various references and research materials related with the guard system. It is meaningful that this study newly reviewed the organizations and functions of the guard system as one structure.