• Nuclear industry
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• v.7 no.6 s.52
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• pp.22-23
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• 1987

앞으로 수입석유로의 의존이 높아지면 국가의 안전보장에 중대한 영향이 생길 가능성이 있다고 하여 석유, 가스, 석탄, 전력, 원자력등의 확보에 대해서 정부가 강구해야 할 정책을 검토했다.

• Korean Security Journal
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• no.37
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• pp.29-50
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• 2013

With the recent global threats of terrorism as well as religious conflicts, Northeast Asian countries including South Korea, China, and Japan are experiencing particularly serious security crises as demonstrated by North Korea's threats of nuclear weapons testings and long-range missile launching as well as military provocation toward South Korea such as sinking of ROKS Cheonan and bombardment of Yeonpyeong island and the territorial dispute between China and Japan over Senkaku Islands(Diaoyu Islands). As a result, Park Geun Hye Administration of South Korea and the 2nd Abe Shinzo Cabinet of Japan, both recently established, are making efforts to improve their national security and crisis management policies. One of the key elements of such efforts is the strengthening of National Security Council(NSC) or its equivalent organization as the control tower of national security policy, modeled after the NSC of the United States. This paper compares NSC organization of Korea, the U.S., and Japan and draws policy insights focusing on the current political and national security situation South Korea is facing. Although organizational structure, function, and history of NSC of each country differs, it can be inferred from this comparison that NSC-type of organizations can play an important role as a control tower of security and emergency management policies.

• Korean Security Journal
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• no.34
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• pp.279-311
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• 2013

This study is to explore the development of Korean National Emergency Management System. For the study's purpose, the concept of Emergency, Emergency Management and the existing system and related laws of National Emergency Management have been reviewed. In South Korea, the concept of National Emergency Management contains the variety concept of emergency management; safety management, security management, risk management and disaster management etc. and sometimes using them interchangeably. In addition, there are several laws related to emergency management, making different agencies managing inter-related emergency without nationalized coordination and control tower that results in ineffective management of national emergency. This study attempts to clarify the concept of national emergency and to suggest the necessity of National Integrated Emergency Management System(IEMS). Then, it suggests existing system and related laws's integrate for the development of South Korean National Emergency Management System.

• The Journal of the Korea Contents Association
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• v.14 no.7
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• pp.169-177
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• 2014

Recently, this government is implementing the "eradication of four social evils" policy to root out social evils which includes sexual violence, school violence, domestic violence and substandard food. In retrospect, these social evils are the crimes that have sprung from rapid social changes in Korea. These main four crimes not only badly affect certain victims but also spread their viciousness to broad population. Moreover, the prevention of the occurrence of the crime and the problem solving as an individual unit are hardly possible. Due to their critical effects and continuity, governmental safety policy enforcement is achieving higher support. As an alliance with the calling from the public for happier and safer life, this paper especially focus on regulating substandard food issue, according to the idea that food safety is an essential prerequisite for the healthy and happy life of the people. Through the reviewing, definition of the substandard food will be cleared and specified substandard food crimes will be introduced as well. And the paper will also pose questions in order to propose improved legal measures against the existing regulations, such as newly adding additional penalty article to food sanitation law.

• The Korean Journal of Archival Studies
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• no.35
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• pp.93-132
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• 2013

It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

• Journal of Digital Convergence
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• v.12 no.7
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• pp.37-47
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• 2014

This study applies Policy Streams and Expert Group Standing Change Framework (PSECF) proposed by SangJung Park and Chan KOH to analyze the Roh's Participatory government's decision making process on the wartime Operational Control (OPCON) transition. PSECF case study's results are as follows: Strong commitments of the former president Roh Moohyun and the progressive National Security Committee (NSC) were primary drivers in the policy developing process. But military expert groups such as the Ministry of National Defense (MND) and the Joint Chiefs of Staffs (JCS) were thoroughly excluded due to their passive role against the wartime OPCON transition. After the policy resolution, the standing of expert groups changed: the standing of advocate effects, the former progressive NSC who led the wartime OPCON transition in the Roh's Participatory government, went down but the conservatives such as ROK MND and JCS improve their standing because the conservative government kicks off 8 months later from the policy decision. In conclusion, the proposed PSECF through the Roh's Participatory government's case-study is worthy as an explanatory framework for high level national policies.

• The Journal of the Korea Contents Association
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• v.9 no.10
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• pp.274-283
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• 2009

To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

• Korean Security Journal
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• no.13
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• pp.551-575
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• 2007

한국에서의 경찰제도는 국가경찰의 형태로 운영되어와 획일적이고 중앙집중식의 경찰활동에 대한 거부감이 전반적으로 있어왔다. 그러나 지역주민의 의사에 따른 자율규율에 의한 다원적 민주주의를 실현하고 국민의 기본권을 실질적으로 보장하기 위하여 지난 1995년 지방자치단체의 장과 지방의회 의원의 동시선거가 시행되어 온 이래 10여년이 흘렀다. 그러나 지방자치제도가 시행되기 이전부터 자치경찰제도에 대한 논의는 지속적으로 이루어져 왔다. 자치경찰제에 있어서 주요쟁점의 핵심사항은 자치경찰제를 도입하는 것의 득실관계라고 볼 것인데 이는 관점과 어느 측면에 중점을 둘 것인가에 따라 다르게 나타나게 된다. 지방자치의 존재 이유 중에는 주민 복지적 차원에서 주민의 안전보호가 중요한 부분을 차지하고 있다. 특히 자치경찰제는 수사권독립과 함께 지난 몇 대에 걸친 각 대통령의 선거공약이었기 때문에 노무현 정부 출범 이후 정부는 지방분권차원에서 정부혁신지방분권위원회에서 여러 가지 검토를 해 온 바 있다. 2004년 1월에 정부혁신지방분권위원회의 지방 분권과제 주요과제로 자치경찰제 방안을 검토하기 위해 위원, 관계 공무원 10명으로 자치경찰 T/F를 구성하여 운영한 이 후 자치경찰제 도입방안에 대하여 경찰정과 실시 단위 및 수행 사무 등 주요 쟁점에 대해 협의하면서 실천 가능한 방안을 마련하기 위해서 스페인, 프랑스, 이태리, 그리스 자치경찰기관을 현지 방문하여 외국 자치경찰 제도를 조사한 후 2004년 9월 중순에 자치경찰(안)을 발표하였다. 이 안은 크게 경찰을 사법경찰과 행정경찰로 구분하는 개념 하에 최초로 나온 자치경찰제에 대한 구체적 시행 안이라는 점에서 그 의의를 찾을 수 있을 것이나 지금까지의 기대수준에 과연 부응하는 안이 될 수 있을 것인가에 대한 의문이 제기되고 있다. 동 사안은 2005년 하반기에 시범적으로 시행하고 민선 4기 자치단체장이 출범하는 2006년 하반기에 본격적으로 시행될 것으로 발표하고 발표와 동시에 정부혁신지방분권위원회에서는 본 자치경찰제 기본방향과 법안제정의 원칙과 구체적인 내용에 대한 토론회를 개최하는 등 다양한 홍보를 하였으나 여러 가지 문제점으로 인하여 아직 시행되지 못하고 있다. 따라서 과연 이 안이 한국에서의 자치경찰제 시행에 효과적인 안인가 그렇지 않으면 대선공약을 지키기 위한 일종의 정치적 고려를 한 졸속적인 안이 아닌가에 대한 논란이 제기되고 있다. 지금까지 한국에서는 자치경찰에 대한 많은 토의가 있어 왔으나 이번에 제하고 있고 현재 지방자치단체에서 시행하고 있는 기존 법집행방식과 거의 차이가 없는 상태시된 안은 적어도 지금까지 논의되어왔던 제도와는 매우 생소한 자치경찰 제도를 근간으로 에서 ‘무늬만 자치경찰’ 이라는 비판이 일각에서 제기되고 있는 실정이다. 현재 자치단체에서 시행하고 있는 행정 경찰적 기능을 다소 보완하고 제복착용과 조직을 하나 더 만든 정도가 아닌가 하는 정도이다. 그러므로 본 연구에서는 정부혁신지방분권위원회에서 제시한 자치경찰제도(안)을 중심으로 자치경찰제도 운용의 목적 충족과 실질적인 효과의 측면에서 분석하고 바람직한 자치경찰제도의 운용에 대해 살펴본다.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.211-241
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• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.101-127
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• 2017

Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.