• Title/Summary/Keyword: Military Service Law

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A Research on Rationality and Equity of the Military Service System Against Athletes in Korea (우리나라 남자 운동선수 대상 병역 제도에 대한 합리성과 형평성에 대한 연구)

  • Hwang, Ho-Young
    • Journal of Digital Convergence
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    • v.14 no.5
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    • pp.507-517
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    • 2016
  • Social obligation of a nation must be assigned to the people, legally belong to the nation. The Republic of Korea assigns a social obligation to the Koreans, the Military Service which is regulated by the Constitution of the Republic of Korea and the Military Service Law of Korea. However, behind the law, a serious discussion, the rationality and equity, is possibly discovered from the reality of the military service system against athletes of Korea. The purpose of this study was to analyze the military service system against athletes of Korea based on the Constitution of Republic of Korea and the Military Service Law of Korea. Three proposals, prohibit duplicated benefits of athletes, military service evasion after care system and keeping the military and police sport organization as nonprofessional, to recover the institutional problems regarding the equity and rationality were suggested in the end of this research. With the results, this research hopefully contribute to the development of sport law, fundamental obligation with sports and the military service system on athletes in Korea.

A Study on the Validity of Criminal Punishment for the Violation of the Clause 1 or the Article 88 of the Military Service Law (병역법 제88조 제1항 위반에 따른 형사처벌 타당성에 관한 연구)

  • Park, Cheol;Jung, Jung Kyun;Kim, Jin Hwan
    • Convergence Security Journal
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    • v.17 no.4
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    • pp.39-47
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    • 2017
  • In the Republic of Korea, punishment of conscientious objectors is rising as a social issue once again. Large number of news articles on the punishment of conscientious objectors are updated on portal sites several times a day. The background for this phenomena is based on the disagreement between the Supreme Court and the Constitutional Court. The Constitutional Court has ruled that it is constitutional for the government to punish conscientious objectors who denied their service for religious belief according to the Clause 1 of the Article 88 of the Military Service Law. However, district courts have taken different stance in the lower instance. 6 rulings in 2015, 7 rulings in 2016, and 16 rulings in the first half of 2017 has declared the conscientious objectors as not guilty. At the same time, the issue is becoming more controversial as the Jeju District Court has made two different rulings on the punishment of conscientious objectors who denied their military service for religious belief. Therefore, the study aims to find out whether conscientious objection can be included as a reasonable cause under the Clause 1 of the Article 88 of the Military Service Law, and take thorough review on the interpretation and the application of Article 18 of the Human Rights Covenant by examining the rulings at the Supreme Court, Constitutional Court, and District Courts.

A Study on the Air Traffic Control Rule and Optimal Capacity of Air Base (항공교통관제규칙과 비행장의 최적규모에 관한 연구)

  • Lee Ki-Hyun
    • Journal of the military operations research society of Korea
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    • v.2 no.1
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    • pp.177-184
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    • 1976
  • As the organizational size of a military service or business increases and its management becomes complex, the success in its management depends less on static type of management but more on careful, dynamic type of management. In this thesis, an operations research technique is applied to the problems of determining optimal air traffic control rule and of optimal capacity of air base for a military air base. An airport runway is regarded as the service facility in a queueing mechanism, used by landing, low approach, and departing aircraft. The usual order of service gives priority different classes of aircraft such as landings, departures, and low approaches; here service disciplines are considered assigning priorities to different classes of aricraft grouped according to required runway time. Several such priority rules are compared by means of a steady-state queueing model with non-preemptive priorities. From the survey conducted for the thesis development, it was found that the flight pattern such as departure, law approach, and landing within a control zone, follows a Poisson distribution and the service time follows an Erlang distribution. In the problem of choosing the optimal air traffic control rule, the control rule of giving service priority to the aircraft with a minimum average waiting cost, regardless of flight patterns, was found to be the optimal one. Through a simulation with data collected at K-O O Air Base, the optimal take-off interval and the optimal capacity of aircraft to be employed were determined.

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The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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A Study on Utilization and its Model of the Private Military Companies(PMCs) in Introducing the Legal System in Korea (민간군사기업의 법제화 필요성과 그 모델에 관한 연구)

  • Kwak, SunJo
    • Convergence Security Journal
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    • v.18 no.3
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    • pp.149-161
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    • 2018
  • The private military company(PMC) or the private military industry may be one of the most important, but little understood developments in security studies to have taken place over the last decade. This new industry, where firms not only supply the goods of warfare, but rather fulfill many of the professional service functions, is not only significant to the defence community, but has wider ramifications for global politics and warfare. The private military industry emerged in the early 1990s. Its underlying cause was the confluence of three momentous dynamics - the end of the Cold War and the vacuum this produced in the market of security, transformations in the nature of warfare, and the normative rise of privatization. In order to introduce MPFs(Military Provider Firms) into Korea, where in principle private citizens are prohibited to own a gun, unlike the United States, a special law should be enacted which allows them to possess weapons and fight in combat. Therefore, the National Assembly of Korea has been submitting and discussing "the Act on the Prevention and Conduction of Practice of Piracy" since 2014.

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A Study on the Improvement of Airspace Legislation in Korea (우리나라 공역 법제의 개선방안)

  • Kim, Jong-Dae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.61-114
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    • 2018
  • Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

A Study on Improving the Competition Rate for Army Officers - Focusing on the occupational values of the MZ generation - (육군 장교 모집 경쟁률 향상방안 연구 -MZ세대의 직업가치관을 중심으로-)

  • KIM YOUNGKI;SONG BYEONGKEUN
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.2
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    • pp.207-213
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    • 2023
  • Korea is facing a population cliff and a decline in the fertility rate, and the competition rate for recruiting officers in our military is rapidly decreasing every year. This situation is a serious problem in terms of national security and requires efforts to obtain excellent manpower. To this end, it is necessary to understand their occupational values through consideration of the MZ generation, which is the main recruitment target of the military, and to find diagnosis and solutions for each problem by closely analyzing the military's internal and external environment based on their understanding of soldiers as a job. Therefore, we diagnose the current situation in consideration of military specificity, examine the occupational values of the MZ generation, which is a resource for military officers recruitment. Since the subject of military officer acquisition is the MZ generation, efforts are needed to focus on occupational values of MZ generations.

Trends and Prospects for the Development of Virtual Reality and Digital Property

  • Kirillova, Elena Anatolyevna;Blinkov, Oleg Evgenyevich;Blinkova, Elena Victorovna;Vrazhnov, Aleksey Sergeevich;Magomedov, Firdousi Bilyamudinovich
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.284-290
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    • 2022
  • The study considers trends and prospects for developing virtual (augmented) reality and civil transactions in relation to digital property. In jurisprudence, there is a need to determine the legal status of virtual and augmented reality to regulate legal relations in the digital environment. Legal relations using new digital technologies require the creation of new legislative approaches and rules of their legal regulation. The article dwells on the legal status of virtual (augmented) reality and determines the methods of regulating legal relations in the sphere of digital property. The study utilized methods for collecting single and multiple facts in order to identify the main trends in the civil circulation of digital assets, as well as private law methods. The methods of generalization, concreteness, induction and deduction reveal the legal nature and main features of virtual (augmented) reality and digital property. The paper highlights the specifics of virtual reality and civil transactions in relation to digital assets. The research has concluded that the sale, exchange and other actions with digital objects in virtual reality have distinctive features, while digital property has also unique characteristics since it is involved in civil circulation and legal relations.

Lateral-Directional Dynamic Inversion Control Applied to Supersonic Trainer (초음속 고등훈련기 가로-방향축 모델역변환 비행제어법칙 설계)

  • Kim, Chongsup;Ji, Changho;Cho, In-Je
    • Journal of Aerospace System Engineering
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    • v.8 no.4
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    • pp.24-31
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    • 2014
  • The modern version of aircrafts is allowed to guarantee the superior handing qualities within the entire flight envelope by imposing the adequate stability and flying qualities on a target aircraft through the various techniques of flight control law design. Generally, the flight control law of the aircraft in service applies the various techniques of the verified control algorithm, such as dynamic inversion and eigenstructure assignment. The supersonic trainer employs the RSS(Relaxed Static Stability) concept in order to improve the aerodynamic performance in longitudinal axis and the longitudinal control laws employ the dynamic inversion with proportional-plus-integral control method. And, lateral-directional control laws employ the blended roll system of both beta-betadot feedback and simple roll rate feedback with proportional control method in order to guarantee aircraft stability. In this paper, the lateral-directional flight control law is designed by applying dynamic inversion control technique as a different method from the current supersonic trainer control technique, where the roll rate command system is designed at the lateral axis for the rapid response characteristics, and the sideslip command system is adopted at the directional axis for stability augmentation. The dynamic inversion of a simple 1st order model is applied. And this designed flight control law is confirmed to satisfy the requirement presented from the military specification. This study is expected to contribute to design the flight control law of KF-X(Korean Fighter eXperimental) which will proceed into the full-scale development in the near future.