• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.3-35
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• 2009

A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.79-112
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• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• Proceedings of the Korean Society of Computer Information Conference
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• 2020.07a
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• pp.261-262
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• 2020

현대에 흔히 쓰이는 도어락은 안전과 보안등의 목적과 편리함을 목적에 두고 있다. 실제로 그전에 쓰던 열쇠보다 더 편리하고 분실염려도 없고 복제키 등으로 인한 사건, 사고로 인한 범죄율이 줄어들었다. 도어락은 사용자가 손으로 직접 비밀번호를 입력하여 잠금을 해제하는 방식이고 이 과정에서 도어락에 지문이나 표시가 남으며 비밀번호가 주위에 쉽게 노출될 수 있다. 본 논문은 위의 문제를 해결하기 위해 아두이노로 라즈베리파이와 앱을 무선 통신하여 '원격 제어가 가능한 스마트 도어락'을 고안했다. 아두이노 와이파이 모듈을 통해 스마트폰으로 도어락을 원격으로 제어할 수 있으며 라즈베리파이 카메라 모듈과 초음파 센서를 통해 도어락에 접근하는 사람을 감지하고 확인할 수 있다. 이 기능으로 범죄를 예방할 수 있으며 자녀들의 귀가 여부도 확인할 수 있고 문을 열어줘야 할 상황에 비밀번호 노출없이 문을 열어줄 수 있다.

• 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.

• Proceedings of the Korean Society of Computer Information Conference
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• 2020.07a
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• pp.667-668
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• 2020

최근에는 범죄예방과 시설물 안전 및 출입관리, 화제예방 등 다양한 목적으로 감시카메라(CCTV)가 널리 보급되어 공공기관이나 상업시설 등 어느 곳에서나 찾을 수 있다. 이렇듯 많은곳에서 저마다의 이유로 사용되고 있는 감시카메라지만, 가장 흔하게 사용되는 이유는 범죄예방에 있다. 시설 내·외부에 감시카메라를 설치하여 도난사건 등을 사전에 방지하고 사후 증거확보에 유용하게 쓰일 수 있기 때문인데 문제는 감시카메라를 통해 사건을 사전에 방지하기 위해서는 실시간으로 사람이 카메라 영상을 지켜보고 있어야 한다. 하지만 사람이 항상 감시할수있을수는 없기 때문에 예방보다는 사후 증거확보를 위해 사용되는 실정이다. 즉 대부분의 감시카메라가 본래의 역할에 절반밖에 하지 못하고 있다는 것이다. 본 과제는 이러한 문제점을 해결하기 위해 감시카메라 자체의 기능을 추가하여 감시카메라가 인력을 필요로 하지않고 스스로 본래의 역할을 다할수있게 할 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.69-100
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• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• Proceedings of the Korean Society of Computer Information Conference
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• 2022.07a
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• pp.435-436
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• 2022

창문은 건물의 필수 구조물이지만 창문을 통해서 미세먼지, 빗물 등이 들어올 수 있어 창문을 열고 나가지 못하고 불안해하는 경우가 많다. 최근 들어 미세먼지가 급증하면서 사람들의 불안감이 더욱 증가하고 있으며, 보안에 취약한 창문들이 범죄에 취약하기 때문에 불안해 할 수 있다. 또한, 실내에서도 가스누출 등으로 인해 인명피해까지 이어지는 심각한 상황을 초래할 수 있기 때문이다. 이러한 사람들의 불안감을 없애기 위하여 아두이노를 이용하여 실외의 미세먼지와 빗물, 인체감지등을 통해 원격으로 창문을 제어하고 실내의 온도와 습도량, 가스량의 표시를 어플리케이션을 통해 확인할 수 있으며 원격으로 제어 또한 가능하도록 '실내외 환경맞춤 스마트 윈도우'를 개발하게 되었다.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.123-155
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• 2006

2001. 9. 11 aviation terror showed us that there are lots of problems in aviation security and we need efficient counter-plans. According to this event, many countries are coming up with various countermeasures. After first hijacking in 1950, the aviation terror is occurring with more various methods until these days. And the scale is bigger than former so they're making much bigger damages. Especially, the case of 9.11 terror attracted people's eye of the world because of enormous casualties and damages. It aroused many people's self-awakening therefore as an important factor the security is given much weight in the aviation safety. In order to keep the step like this tendency and the development of aviation security, beginning with America lots of countries of the world are pursuing diverse aviation security's counter-plans of new side. At this point of time, for our development in aviation industry we should make efficient aviation security countermeasures. In this study, We compared our aviation security activities with major countries after 9.11 terror.