• Title/Summary/Keyword: Legal system on National Security

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Environments in the East Asia and the way to Utilize Submarines for ROKN: Focused the issue on both American Strategy against China and Japanese Arms Race (동아시아 정세와 한국해군의 잠수함 운용방안 - 미국의 대중(對中) 전략과 일본의 전력 증강을 중심으로 -)

  • Heo, Song
    • Strategy21
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    • s.42
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    • pp.318-346
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    • 2017
  • Currently, security environmental instability is getting worse than ever in the East Asia including to Republic of Korea(ROK). Unlike several conventional issues such as maritime dispute -sometimes with islands- and competitions for getting natural resources, contemporary security dilemma issues followed by arms races among states deepens the power gap between strong and weak state within the region. It is notable that the arms races is the East Asia are mainly focused on naval power. As navy is the very possible force that influences neighboring states, submarine power is usually valued for its nature of stealth, mobile and aggression. Moreover, the submarine power is believed to be one of the highest valued weapon system since it shows actual effectiveness for influencing the other states while avoiding direct military conflicts compared to surface power. As a result, all states within the region are accelerating for getting such power these days. Japan, Most of all, is one of the leading state that aims to ensure self-survival and enlarge military influences under the US-Japan alliance by decisively supporting its power to the American containment strategy against China. In this regard, such movement surely sill influence on ROK both directly and indirectly as we sue the common field, the sea. Though, it has lots of restrictions for us to confront them with military forces as such confrontations within US-led alliances is not desirable upon considering current China and nK threats. As a result, ROK needs to limit the realm of alliance within the region while maintaining ROK-US alliance for getting national interests with both legal and justice superiority against Japan. This paper, as a result, is focused on suggesting the way to utilize submarines as a mean of naval power for both current security environments and the rising maritime threats in the East Asia. I concluded to participate ROK submarines in US-led military strategy against China by dispatching them into the East-China Sea and the North-East area of the Korean peninsula to protect both national interests and justice at the same tome. It should be one of the preemptive measure for confronting with neighboring states by utilizing strategic benefits of submarines while strengthening ROK-US alliances upon participating American Containment Strategy against China.

A Study on the Korea Future Internet Promotion Plan for Cyber Security Enhancement (사이버 보안 강화를 위한 한국형 미래 인터넷 추진 방안에 관한 연구)

  • Lim, Gyoo-Gun;Jin, Hai-Yan;Ahn, Jae-Ik
    • Informatization Policy
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    • v.29 no.1
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    • pp.24-37
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    • 2022
  • Amid rapid changes in the ICT environment attributed to the 4th Industrial Revolution, the development of information & communication technology, and COVID-19, the existing internet developed without considering security, mobility, manageability, QoS, etc. As a result, the structure of the internet has become complicated, and problems such as security, stability, and reliability vulnerabilities continue to occur. In addition, there is a demand for a new concept of the internet that can provide stability and reliability resulting from digital transformation-geared advanced technologies such as artificial intelligence and IoT. Therefore, in order to suggest a way of implementing the Korean future internet that can strengthen cybersecurity, this study suggests the direction and strategy for promoting the future internet that is suitable for the Korean cyber environment through analyzing important key factors in the implementation of the future internet and evaluating the trend and suitability of domestic & foreign research related to future internet. The importance of key factors in the implementation of the future internet proceeds in the order of security, integrity, availability, stability, and confidentiality. Currently, future internet projects are being studied in various ways around the world. Among numerous projects, Bright Internet most adequately satisfies the key elements of future internet implementation and was evaluated as the most suitable technology for Korea's cyber environment. Technical issues as well as strategic and legal issues must be considered in order to promote the Bright Internet as the frontrunner Korean future internet. As for technical issues, it is necessary to adopt SAVA IPv6-NID in selecting the Bright Internet as the standard of Korean future internet and integrated data management at the data center level, and then establish a cooperative system between different countries. As for strategic issues, a secure management system and establishment of institution are needed. Lastly, in the case of legal issues, the requirement of GDPR, which includes compliance with domestic laws such as Korea's revised Data 3 Act, must be fulfilled.

A Study on Introduction of Autonomous Police System in Korea (우리나라 실정에 맞는 자치경찰제 도입에 관한 연구)

  • Sung, Su-Young;Kim, Sang-Woon
    • The Journal of the Korea Contents Association
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    • v.19 no.4
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    • pp.573-580
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    • 2019
  • The purpose of this study is to establish the Police Reform Committee on May 10, 2017, with the aim of enforcing the nationwide autonomous police system in 2020. In addition, the government is promoting reforms of autonomous police and investigative structures, On April 5, 2018, a special committee of autonomous police system consisting of academics, civic groups, and legal professors was established. In 1991, the local council was established in Korea. In 1995, the local autonomous government era was launched with the election of local autonomous governors, but the field of security did not bring decentralization. This study suggests direction of organization and manpower management, personnel management and distribution, financial management, and political neutrality in order to introduce autonomous police system considering regional characteristics. Also, it should be promoted in the direction of maximizing the advantages of the decentralization system and national police without causing civil unrest and social disorder caused by the introduction of the rapid system. Self-governing police should reflect on the trend of autonomous decentralization in order to secure the Republic of Korea with a more secure policing policy, along with organic cooperation and mutual competition system with the national police.

Necessity and Implementation Strategies for Transitioning to All-Volunteer Force in South Korea (대한민국 모병제 전환의 필요성과 도입 방안)

  • Seung-Bae Seon;Sang-Hyuk Park
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.405-411
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    • 2024
  • This study aims to address the sustainability of South Korea's conscription system, which is being questioned due to issues like low birth rates and societal changes, and to explore the necessity and implementation strategies for transitioning to an all-volunteer force (AVF). South Korea has long maintained national security through conscription, but it now faces challenges such as a decrease in military resources and the advancement of high-tech military technologies. To address these challenges, the study analyzes domestic and international cases of AVF and assesses the current state and issues of South Korea's military service system. The findings indicate that an AVF can enhance military professionalism and efficiency, respect individual choice, and contribute to reducing gender imbalance and promoting social equity. A phased roadmap for the implementation of the AVF is proposed, along with the need for legal and institutional frameworks and measures to foster public consensus. The study also discusses the potential positive economic impacts and long-term cost savings of the AVF. This research aims to provide concrete strategies and policy recommendations for adopting a Korean-style AVF, thereby proactively responding to changes in the future security environment and establishing a sustainable national defense posture.

"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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Efficient Utilization of Private Resources for the National Defense - Focused on maintenance, supply, transportation, training & education - (국방분야 민간자원의 효율적 활용방안 - 정비, 보급, 수송, 교육훈련분야를 중심으로 -)

  • Park, Kyun-Yong
    • Journal of National Security and Military Science
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    • s.9
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    • pp.313-340
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    • 2011
  • The National Defense Reformation bill of "National Defense Reformation 2020" which have been constantly disputed and reformed by the government went through various levels of complementary measures after the North Korean sinking on the Republic of Korea (ROK) Naval Vessel "Cheonan". The final outcome of this reform is also known as the 307 Plan and this was announced on the 8th March. The reformed National Defense Reformation is to reduce the number of units and military personnel under the military structure reformation. However, in order for us to undertake successful National Defense Reformation, the use of privatized civilian resources are essential. Therefore according to this theory, the ROK Ministry of National Defense (MND) have selected the usage of privatized resources as one of the main core agenda for the National Defense Reformation management procedures, and under this agenda the MND plans to further expand the usage of private Especially the MND plans to minimize the personnel resources applied in non-combat areas and in turn use these supplemented personnel with optimization. In order to do this, the MND have initiated necessary appropriate analysis over the whole national defense section by understanding various projects and acquisition requests required by each militaries and civilian research institutions. However for efficient management of privatized civilian resources, first of all, those possible efficient private resources which can achieve optimization will need to be identified, and secondly continuous systematic reinforcements will need to be made in private resource usage legislations. Furthermore, we would need to consider the possibility of labor disputes because of privatization expansion. Therefore, full legal and systematic complementary measures are required in all possible issue arising areas which can affect the combat readiness posture. There is another problem of huge increase in operational expenses as reduction of standby forces are only reducing the number of soldiers and filling these numbers with more cost expensive commissioned officers. However, to overcome this problem, we would need to reduce the number of positions available for active officers and fill these positions with military reserve personnel who previously had working experiences with the related positions (thereby guaranteeing active officers re-employment after completing active service). This would in tum maintain the standards of combat readiness posture and reduce necessary financial budgets which may newly arise. The area of maintenance, supply, transportation, training & education duties which are highly efficient when using privatized resources, will need to be transformed from military management based to civilian management based system. For maintenance, this can be processed by integrating National Maintenance Support System. In order for us to undertake this procedure, we would need to develop maintenance units which are possible to be privatized and this will in turn reduce the military personnel executing job duties, improve service quality and prevent duplicate investments etc. For supply area, we will need to establish Integrated Military Logistics Center in-connection with national and civilian logistics system. This will in turn reduce the logistics time frame as well as required personnel and equipments. In terms of transportation, we will need to further expand the renting and leasing system. This will need to be executed by integrating the National Defense Transportation Information System which will in turn reduce the required personnel and financial budgets. Finally for training and education, retired military personnel can be employed as training instructors and at the military academy, further expansion in the number of civilian professors can be employed in-connection with National Defense Reformation. In other words, more active privatized civilian resources will need to be managed and used for National Defense Reformation.

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A Study on the Expansion of Workflow for the Collection of Surface Web-based OSINT(Open Source Intelligence) (표면 웹기반 공개정보 수집을 위한 워크플로우 확장 연구)

  • Lee, SuGyeong;Choi, Eunjung;Kim, Jiyeon;Lee, Insoo;Lee, Seunghoon;Kim, Myuhngjoo
    • Journal of Digital Convergence
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    • v.20 no.4
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    • pp.367-376
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    • 2022
  • In traditional criminal cases, there is a limit to information collection because information on the subject of investigation is provided only with personal information held by the national organization of legal. Surface web-based OSINT(Open Source Intelligence), including SNS and portal sites that can be searched by general search engines, can be used for meaningful profiling for criminal investigations. The Korean-style OSINT workflow can effectively profile based on OSINT, but in the case of individuals, OSINT that can be collected is limited because it begins with "name", and the reliability is limited, such as collecting information of the persons with the same name. In order to overcome these limitations, this paper defines information related to individuals, i.e., equivalent information, and enables efficient and accurate information collection based on this. Therefore, we present an improved workflow that can extract information related to a specific person, ie., equivalent information, from OSINT. For this purpose, different workflows are presented according to the person's profile. Through this, effective profiling of a person (individuals) is possible, thereby increasing reliability in collecting investigation information. According to this study, in the future, by developing a system that can automate the analysis process of information collected using artificial intelligence technology, it can lay the foundation for the use of OSINT in criminal investigations and contribute to diversification of investigation methods.

A Study on the Local Governments' Autonomous Laws Regulating Social Insurance Premium for Medical Security (의료보장을 위한 지방정부의 사회보험료 지원 자치법규에 관한 고찰)

  • Kim, Jesun
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.203-242
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    • 2019
  • Since 2006, local governments in Korea have been providing premiums for social insurance, such as the National Health Insurance System, for the health care of local residents. The purpose of this study is to analyze the content of self-governing legislation that defines these policies. The method of conducting the research was based on the articles of the ordinance related to the 'public health insurance premium' of the self-governing statutes published on the website of the National Law Information Center. As of May 2019, 201 municipalities have enacted ordinances to support public health insurance premiums. In the case of state local governments, 8 out of 17 were found, and in the case of basic local governments, 193 out of 226. The constitution of the ordinance consisted of purpose, time of enactment, type of social insurance premium, object of social insurance premium, amount of social insurance premium support, method and process of social insurance premium support, time of social insurance premium support. This study analyzed contents of these articles. Finally, this study presented issues that could be controversial from the policy and legal viewpoints and suggestions for improvement.

Safety Management of Steel Pipe Scaffold using UAV (무인항공기(UAV)를 활용한 건설현장 가시설물 안전관리)

  • Jun, Byong-Hee;Kim, Nam-Gyun;Jun, Kyo-Won;Choi, Bong-Jin
    • Journal of Korean Society of Disaster and Security
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    • v.12 no.3
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    • pp.59-67
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    • 2019
  • In this study, the UAV (Unmammed Aerial Vehicle) was applied for the photogrammetry of the construction site and the safety management of steel pipe scaffold. The research site is a temporary facility for building reinforcement on Samcheok Campus of Kangwon National University. The installation condition of the steel pipe scaffold was investigated, and the pillar distance, the beam distance and the wale distance were surveyed. As a result, it was found that the beam distance of the scaffold in the longitudinal direction was in good agreement with the standard, but the pillar distance and the wale distance were found to be less than the standard. Three-dimensional data can be used in drone shooting to enable three-dimensional measurement, so that it is possible to measure facilities hidden or located inside other facilities. Through the drone shooting, the condition of the site can be quickly recorded and the surveying can be carried out without interfering with the work of the field personnel. Although the installation of the temporary structure must be strictly observed to ensure the safety of the workers, it is found that the installation standards are still neglected in the field. In order to prevent this practice, it was thought that the legal system should be supplemented so that it could be checked periodically by using UAV in the field process management.

Analysis of major issues in the field of Maritime Autonomous Surface Ships using text mining: focusing on S.Korea news data (텍스트 마이닝을 활용한 자율운항선박 분야 주요 이슈 분석 : 국내 뉴스 데이터를 중심으로)

  • Hyeyeong Lee;Jin Sick Kim;Byung Soo Gu;Moon Ju Nam;Kook Jin Jang;Sung Won Han;Joo Yeoun Lee;Myoung Sug Chung
    • Journal of the Korean Society of Systems Engineering
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    • v.20 no.spc1
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    • pp.12-29
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    • 2024
  • The purpose of this study is to identify the social issues discussed in Korea regarding Maritime Autonomous Surface Ships (MASS), the most advanced ICT field in the shipbuilding industry, and to suggest policy implications. In recent years, it has become important to reflect social issues of public interest in the policymaking process. For this reason, an increasing number of studies use media data and social media to identify public opinion. In this study, we collected 2,843 domestic media articles related to MASS from 2017 to 2022, when MASS was officially discussed at the International Maritime Organization, and analyzed them using text mining techniques. Through term frequency-inverse document frequency (TF-IDF) analysis, major keywords such as 'shipbuilding,' 'shipping,' 'US,' and 'HD Hyundai' were derived. For LDA topic modeling, we selected eight topics with the highest coherence score (-2.2) and analyzed the main news for each topic. According to the combined analysis of five years, the topics '1. Technology integration of the shipbuilding industry' and '3. Shipping industry in the post-COVID-19 era' received the most media attention, each accounting for 16%. Conversely, the topic '5. MASS pilotage areas' received the least media attention, accounting for 8 percent. Based on the results of the study, the implications for policy, society, and international security are as follows. First, from a policy perspective, the government should consider the current situation of each industry sector and introduce MASS in stages and carefully, as they will affect the shipbuilding, port, and shipping industries, and a radical introduction may cause various adverse effects. Second, from a social perspective, while the positive aspects of MASS are often reported, there are also negative issues such as cybersecurity issues and the loss of seafarer jobs, which require institutional development and strategic commercialization timing. Third, from a security perspective, MASS are expected to change the paradigm of future maritime warfare, and South Korea is promoting the construction of a maritime unmanned system-based power, but it emphasizes the need for a clear plan and military leadership to secure and develop the technology. This study has academic and policy implications by shedding light on the multidimensional political and social issues of MASS through news data analysis, and suggesting implications from national, regional, strategic, and security perspectives beyond legal and institutional discussions.