• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

• Journal of the Korean Geographical Society
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• v.47 no.5
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• pp.735-754
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• 2012

Korean society in the 2000 has experienced new many social and spatial issues such as the process of neoliberalism and changes in urban and spatial policies, the development of information and communication technology and reconfiguration of informational social space, radically increasing foreign immigrants and transformation to multicultural society, global warming and environmental injustice, and these new issues have promoted development of social geography in Korea. In addition to a review on them, this paper provides a review on empirical researches on traditional issues which have been dealt with in social geography in the 2000 in Korea. Even though there have been numerous sub-issues, they can be divided into two categories: one is urban and communal social geography including urban housing and residential segregation, urban social problems such as poverty, crime, education, health care, social welfare, urban and rural community building, identity, sense of place, and social movement; the other is social geography of population and migration, including population movement, aged society and social welfare for elderly people, and foreign immigrants and formation of multicultural social space. As some difficult conditions such as path-dependent process of neoliberalism, transformation toward informational, aged, and multicultural society would continue, so social geography in Korea to tackle with these external conditions should deepen its theoretical insights and widen its research issues.

• Journal of the Korea Society of Computer and Information
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• v.25 no.6
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• pp.219-224
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• 2020

The purpose of this study is mainly to provide theoretical basis of private security industry by analyzing the perception and flow of private security from the press-released materials according to periodic classification and duties through 'Big Kinds', a website of analyzing news big data. The research method has been changed to structured data to allow an analysis of various scattered unstructured data, and the keywords trend and related words by duties of private security were analyzed in growth period of private security. The perception of private security based on the results of the study was exposed a lot by the media through various crimes, accidents and incidents, and the issues related permanent position. Also, it tended to be perceived as a simple security guard, not recognized as the area of private security, and judging from the high correlation between private security and police, it was recognized not only as a role to assist the police force, but also as a common agent in charge of the public peace. Therefore, it should objectively judge the perception of private security, and through this, it is believed that it should be a foundation for recognizing private security as a main agent responsible for the safety of the nation and maintaining social orders.

• Journal of Korean Philosophical Society
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• v.116
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• pp.411-435
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• 2010

Ken Wilber(1949~) tries to approach integration of philosophy, emphasising the advent of the perennial philosophy in the exchange of scholarships at the present day. He suggests All Quadrant(四象限) for the first step to reach his integrated approach. In addition, his approach concretizes for AQAL(All Quadrant, All Level). His AQAL approach which can be divide into inside/outside, singular/plural, or interobjectivity/intersubjectivity is applied to a lot of fileds such as ecology, management, criminology, medical treatment and its boundary is getting bigger. The merits of Quadrant is that it can solve the problem of the plain(平原), which resolves the strength of subjective interior(cultural contexts) into the external existence(social system). From view of Dongmu Lee Je-ma(1837~1900), a former philosopher, Sa-Sang theory['Affairs-Mind-body-Objects(事心身物)', 'Heaven-Human-nature-Order(天人性命)] is in accord with Wilber in content. In Dongmu's writing, Quadrant(Affairs-Mind-body-Objects') called Sa-Sang theory(四象學) or Sasang Constitional Medicine(四象醫學) is basic component in order to explain the structure of all nature. 'Heaven-Human-nature-Order'; That is, 'Affairs-Mind-body-Objects' results in 'Heaven-Human-nature-Order' focused on human being(human body) in the universe. In other words, Sa-Sang theory is the same as the Wilver's inclusive perspectives from the universe and human being. Dongmu's Sa-Sang theory is compared with C. G. Jung(1875~1961)'s psychology and it helps both fields confirm the foundation and extend the province of application. Comparision of Dongmu's Quadrant with Wilber's is not just analogical reasoning. In comparison, Dongmu's Sa-Sang theory is more delicated and crystallized than Wilber's in medical prospective. Dongmu regards Quadrant not as diseases, but as origin of Physiology and Pathology. And he explains all of their courses as Quadrant.