• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

• Science of Emotion and Sensibility
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• v.11 no.4
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• pp.553-564
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• 2008

Generalizability theory was employed to examine how the reliability of polygraph test is affected by the number of relevant questions, the number of repeated tests (the number of of charts), and the number of raters(scorers). The data consisted of the results of the polygraph tests administered to 31 crime suspects. The sample was drawn from the real polygraph tests based on Backster ZCT and archived by the Prosecutor's Office of the Republic of Korea. The numerical scores assigned by thirteen raters to the test charts were analyzed to determine the generalizability of the scores. The largest variance component was accounted for by the examinee factor(43.97%) and the residual variance component was 16.84% of the total variance. The variance component due to the interaction between the examinee and the chart factors was 12.17% and the variance component due to the three way interaction of the examinee, the repeated test, and the relevant question factors was 10.31%. The generalizability coefficient for the current measurement procedure as practiced by the Korean Prosecutor's Office was 0.74 which suggests that the current procedure is acceptable. However, measurement procedures with the combination of more than two relevant questions, more than three repeated tests, and more than two raters were generally found to yield generalizability coefficients larger than 0.80. Therefore, such procedures need to be considered seriously in order to significantly improve the reliability of polygraph test.

• Journal of the Korea society of information convergence
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• v.7 no.1
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• pp.25-46
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• 2014

After examining the current situations of financial frauds and the reasons for their occurrence in the financial institutions through examples of financial frauds in domestic and abroad, this study presents ways to prevent such financial scams. The preventive measures consist of activities before and after the occurrence of financial frauds and during normal financial operations. The activities are as follows: 1. Preventive activity should be strengthened before the occurrence of financial frauds. That is, first, the enforcement of consistent internal control is needed. Second, in order to block the probability of financial frauds involved with employees, ethics education and a reward program for inside tippers need to be run. Third, financial institutions need to apply for comprehensive insurance policy to minimize the lost in case. 2. Preventive activity should be strengthened during normal financial operations. First, self authentication system for customers needs to be introduced. Second, dealings of day, week, and month need to be thoroughly checked and the system of audit needs to be expanded. Third, message service for the information on financial frauds and their preventive measures needs to be expanded. Fourth, public notification system against examples of financial frauds needs to be expanded. 3. Preventive activity after the occurrence of financial frauds should be strengthened. First, awareness for preventive measures such as imposing penalty on the manager needs to be enhanced. Second, strict restrictions on financial frauders such as a criminal charge needs to be strengthened. Third, there should be legal devices and resolutions in order to retrieve all the money deceived by financial frauds.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.137-162
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• 2004

Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

• Korean Security Journal
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• no.35
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• pp.7-36
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• 2013

Collecting international terrorism database is a challenging task not only for criminal justice personnel but also for criminologists in comparison to the case of common types of crime database. Yet, there has been growing interests and efforts in establishing a comprehensive terrorist events data base in the world. This current study has a goal to introduce an example world terrorism database case developed by START center in the United States. The START center developed the Global Terrorism Database (GTD) on the basis of by the Pinkerton Global Intelligence Service data (PGIS) originally collected by the Pinkerton. Furthermore, The START expended the GTD by collecting data from open source terrorist event data via internet and other resources. In this study, specifically, it describes the development and the nature of the GTD in general and the data collection efforts made by the STATA until today. Finally, this study provides a sketchy of the nature of the GTD data by showing the descriptive statistical analyses and time-series analyses result illustrating distribution of the world terrorism events. The limitation, policy implications and contribution of this study discussed in this paper.

• Korean Security Journal
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• no.50
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• pp.145-172
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• 2017

In 2015 the Department of Education announced that it will make downsizing efforts by recommending classified downsizing ratio according to the evaluation of universities for active support toward autonomous efforts of universities with the possibilities of reform and qualitative structural reform for customized human resource cultivation according to the social demands. This is the preemtive structural reform preparing against the rapid decrease of the number of students, and the preparation for changing into competitive universities so that customized human resource that is needed in the society can be trained. Security Science Departments of Korea, first established in 1996, need changes in curriculum in order to prepare for the fourth revolution of the future, and are stagnant on the education goal and employment course. Therefore the adoption of related certificates, curriculum, NCS, and professional curriculum is needed. For example, Hansei University, Chung-Ang University, and Far East University have established the Department of Industrial Security, and Kyonggi University and Sungshin Women's University have established the Department of Convergence Security. Also, Konkuk University has established the Graduate School of Security and Disasters, the Graduate School of Information and Policy, the Graduate School of Criminal Justice, Gachon University the Graduate School of National Security, Sungkyunkwan University the Graduate School of Strategic Studies. This shows that the field of Security Science should not settle for itself. This article analyzes current curriculum and subjects of security, police, industrial security, military related academic departments of key universities. It is necessary to prepare for the future by predicting the change from the merge of academic departments and the demands of the times. As technical colleges are adopting NCS, this is the time to seek for systematic collaboration between universities and technical colleges and between industry, government, and academida.

• Korean Security Journal
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• no.50
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• pp.341-366
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• 2017

Today, crime has become a serious threat to social safety so citizen's desire for safety has increased. So the private security has emerged as a new industry for safety and security and became a crucial component. Private security is responsible not only covers the limitations of the police work, but also fills citizen's desire of security. However, quantitative research on private security has rarely been done and the results of the private security study are not effectively utilized due to biased research trends in Korea. Therefore, the purpose of this study is to evaluate the effects of community incivility on fear of crime and the moderation effect of private security. To accomplish this purpose, this research uses 6,919 samples from the National Crime Victimization Survey(2014) and conducts hierarchical regression through STATA 13.0 program. As a results, private security guard showed the main effect on the generalized fear of crime, but had not a significant influence on the interaction effect with the community incivility. On the other hand, the moderation effect of electronic security was statistically significant in relation to the community incivility and specific fear of crime. In other words, in a place with high physical disorder, the fear of crime is relatively low in the case of the electronic machine, compared with the case where there is no electronic machine. The implications and limitations based on these results are discussed in the conclusion.

• Journal of Wetlands Research
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• v.15 no.4
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• pp.529-534
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• 2013

Domestic water pollution accidents and response management were analysed on the basis of collected data from the latest 5 years. Although average 66.7 number of accidents were happened every year, no damages of human life were reported yet. According to the data collected, the accidents were occurred at Han river, Nakdong river, Keum river, Youngsang river and other rivers, where the percentages were 25.4%, 20.3%, 12%, 8% and 29.7%, respectively. Main reasons were blamed for negligent management, mixed influences, natural phenomenon and traffic accident. Response activities were performed in the case of the oil leak, the fish death caused by water environment, the spill of chemicals. From the diagnosis of water pollution accidents, it is recommended that the legistration of all control centers for their roles and duties was made in case of the big accidents as well as the small/middle accidents.

• Korean Security Journal
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• no.13
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• pp.327-350
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• 2007

Art. 2 Abs. 1 GG sch${\ddot{u}}$tzt umfassend die allgemeine Handlungsfreiheit. Daher bed${\ddot{u}}$rfen private Handlungen grunds${\ddot{a}}$tzlich keiner gesetzlichen Erm${\ddot{a}}$chtigungsgrundlage. Dies gilt selbstverst${\ddot{a}}$ndlich auch fur die Unternehmen der Bewachungsbranche. Allerdings ist es bei der Aus${\ddot{u}}$bung der Bewachungsaufgabe typisch, mit Strafe oder zumindest Schadensersatzpflicht sanktionierte Tatbest${\ddot{a}}$nde zum Nachteil Dritter zu verwirklichen. F${\ddot{u}}$r solche F${\ddot{a}}$lle stehen den Bewachungspersonen m${\ddot{o}}$glicherweise Rechtfertigungsgr${\ddot{u}}$nde zur Seite. Dadurch wird ein ansonsten rechtswidriges Handeln rechtm${\ddot{a}}$${\ss}$ig und so wird im Ergebnis eine Strafbarkeit (wie auch eine Schadensersatzpflicht) ausgeschlossen. Dabei wird klargestellt, dass dem Sicherheitsgewerbe au${\ss}$er in den F${\ddot{a}}$llen der gesetzlichen ${\ddot{U}}$bertragung der hoheitlichen Befugnisse nur die vom Auftraggeber vertraglich ${\ddot{u}}$bertragenen privatrechtlichen Befugnisse sowie die Jedermannsrechte zustehen Au${\ss}$erdem soll im Rahmen der Privatisierung der Gefahrenabwehraufgaben auf solche spezialgesetzlichen Regelungen hingewiesen werden, bei denen Bewachungspersonen mit der hoheitlichen Wahrnehmung bestimmter Sicherheitsaufgaben betraut, d.h. dazu befugt sind, Sicherheitsaufgaben in den Handlungsformen des ${\ddot{O}}$ffentlichen Rechts 면켜${\ddot{u}}$ben. In der koeranischen Literatur ist die Handlungsgrundlage des Bewachungspersonals bis jetzt kaum n${\ddot{a}}$her untersucht. Im allgemeinen werden strafrechtliche Rechtferigungsgr${\ddot{u}}$nde, z.B. Notwehr, Notstand und Selbsthilfe, als dabei anwendbare Normen anerkannt. In dieser Arbeit wird festgestellt, dass die privaten Sicherheitsdienstleister in beiden L${\ddot{a}}$ndern durch die Gewerbegenehmigung au${\ss}$er in den F${\ddot{a}}$llen der Beleihung keine hoheitlichen Befugnisse erhalten. Als Handlungsgrundlage kommen nur die allgemeinen Not- und Jedermannsrechte im Rahmen von Straf-Strafprozess- bzw. Zivilrecht in Betracht.

• The Journal of the Korea Contents Association
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• v.17 no.10
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• pp.65-71
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• 2017

It is true that there is a possibility of distortion in the statistical surveys or actual surveys depending on which investigator, what purpose, and how research method. Even statistical results are more likely to be 'lying', and statistics on crime or delinquent are sometimes referred to as 'whopper'. There are many reasons for not trusting statistics on crime or delinquent, but one of the main causes is the existence of a hidden crime or an unreported crime. In order to overcome these hidden crime problems, victim surveys or self-report surveys are being used. However, this method also has the problem of underreporting or overreporting depending on the type of crime. Because investigations into crime, delinquency, and deviant behavior are very sensitive, the subjects have a psychological burden. A randomized response model has been developed and used in the field of statistics as a way to induce a true answer to the sensitive content which is burdensome to reveal the experiences of the survey subjects. This technique is a very useful way to solve the problems of victim surveys or self-report surveys. Nevertheless, there are very few cases in the field of criminology in Korea. Therefore, in order to examine the applicability of the randomized response model in the field of criminology, this study used the randomized response model to actually measure the content of prostitution for college students and the effectiveness of the randomized response model was confirmed.