• 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.

• Korean Security Journal
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• no.61
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• pp.285-305
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• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• Korean Journal of Comparative Education
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• v.27 no.4
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• pp.127-154
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• 2017

EIU has evolved diversely depending on the national environment and culture on the basis of the philosophy of individual human rights and world peace articulated in the "1974 Recommendation on EIU". However, the global environment surrounding EIU has been changed socially, economically, culturally and ecologically in the 21st century, and therefore it is necessary to raise the following questions: Is the concept of EIU initiated for international understanding and cooperation for world peace in the 20th century still valid in the 21st century? Which direction should we take in order for EIU to be efficient in the globalized world? To answer these questions, this study reviewed and analyzed the historical development and current trends of the EIU in the regions of Europe, North America, Asia Pacific area, and Africa. For the empirical study, thirty-four experts in EIU selected from the four regions were interviewed by the researchers. Based on the interviews and the related literature review, it was found that the diverse terms of EIU were used in the four regions and the focus on EIU was different depending on the geographical, historical and social environment of each region. But, despite of the diversity in terminology in EIU, human rights, peace, equity and social justice which are emphasized by UNESCO, were universally taught in EIU. The EIU in these regions is currently dealt with in school education, social education and lifelong education, and particularly global citizenship allowing multiple identities is importantly treated together with citizenship education. Another important aspect of EIU that was commonly found in these four regions was that global citizenship education for solving global problems was coexistent with the reinforcement of nationalism for the economic competency of each nation in a globalized world. The issue of global inequality was particularly dealt with in EIU, and the teaching of voluntary civic involvement and responsibility were particularly emphasized in EIU. Based on these research findings, the study proposes "glocalism", connecting global issues with local issues for solving global problems, as a new approach to the EIU of the 21st century.

• Journal of Digital Convergence
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• v.16 no.8
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• pp.71-79
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• 2018

This study discussed the meaning of a drone, and especially drone journalism and legal and ethical issues around that, at an introductory dimension, which is used in various social bases, but is still just an academic discussion at the beginning stage. As a methodology, content analysis was used. It seems that drone journalism has high diffusibility as a technology with high 'relative advantage', 'compatibility', 'trial ability' and 'observability' and low 'complexity' in terms of the diffusion of innovation theory. However, it will be very likely that controversies will be raised, such as safety issue due to collision and crash, a dispute over violation of privacy that may seriously infringe privacy like individual portrait rights and a controversy about the accuracy and source of information as drone filming low price and ease of use. Suggest solutions to legal and ethical issues based on existing research. Technical stability is required. Also, it is necessary to change the awareness of journalists about the drones coverage and to educate ethics, and it is necessary to establish social public opinion on issues such as privacy violation and establish system and legal measures through it. Future research is expected to carry out empirical research including journalists and public awareness surveys.

• Korean Journal of Oriental Medicine
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• v.18 no.2
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• pp.1-16
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• 2012

Objectives : The 10th Conference of the Parties to the Convention on Biological Diversity (COP 10) was held in Nagoya, Japan in October 2010, during which an international convention on access to genetic resources and conventional knowledge and sharing of benefits thereof was adopted. The Oriental Medicine field uses medicinal herbs based on genetic resources, as well as traditional knowledge about genetic resources. As such, if Korea, China and Japan compete over the ownership of such traditional knowledge, it will almost certainly trigger disputes over the payment of royalties among other problems. Notably, since the traditional medicine industry is closely related with China, it is highly likely this will adversely affect Korea's production of medicines using natural materials, including Korean herbal doctors' prescription, formulation and preparation of medicinal herbs. Methods : This study also analyzed the recent situation in Japan, which is the chair nation of the Nagoya Protocol and a member nation like Korea. It analyzed the Japanese people's awareness of the Nagoya Protocol and its strategies in the two years since its adoption, as well as the Guidelines for Genetic Resources, which were newly revised in 2012. Conclusions : The Nagoya Protocol requires the preparation of legislative and administrative measures and policies in order to pave the way for sharing the benefits deriving from the use of genetic resources and the relevant traditional knowledge with the providers of such resources. Thus, corresponding domestic legal measures need to be taken. Such measures include the refining of the procedure of accessing genetic resources, the designation of liaison offices, a competent agency and a supervisory agency, and the building of a system designed to issue internationally acknowledged certificates. It is also important to operate related professional consulting offices, as is the case in Japan. In addition, in the case of genetic resources, there is a need to seek multinational and bilateral cooperation including free trade agreements. Regarding traditional knowledge about genetic resources, measures need to be prepared to enable the three East Asian countries, namely, Korea, China and Japan, to commonly use ancient literature on Oriental medicine and to claim exclusive rights to such intellectual properties. Notably, with China now moving to expand the scope of traditional knowledge through the WIPO, Korea needs to prepare response measures.

• Journal of the Korean Society for information Management
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• v.26 no.2
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• pp.27-41
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• 2009

With explosive growth in the area of the Internet and IT services, various types of digital contents are generated and circulated, for instance, as converted into digital-typed, secure electronic records or reports, which have high commercial value, e-tickets and so on. However, because those digital contents have commercial value, high-level security should be required for delivery between a consumer and a provider with non face-to-face method in online environment. As a digital contents, an e-ticket is a sort of electronic certificate to assure ticket-holder's proprietary rights of a real ticket. This paper focuses on e-ticket as a typical digital contents which has real commercial value. For secure delivery and use of digital contents in on/off environment, this paper proposes that 1) how to generate e-tickets in a remote e-ticket server, 2) how to authenticate a user and a smart card holding e-tickets for delivery in online environment, 3) how to save an e-ticket transferred through network into a smart card, 4) how to issue and authenticate e-tickets in offline, and 5) how to collect and discard outdated or used e-tickets.

• Journal of the Korean Society of Costume
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• v.57 no.2 s.111
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• pp.115-131
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• 2007

By the turn of the century, our society has been gradually more interested in environmental problems than any other time. Ecological change spurred by industrial pollution is occurring beyond the borders of nations, and has emerged as a global issue. Such change is resulting in exhaustion of natural resources and energy, and serious climatic change. In this study, main focus regarding the process of the fashion product design system was placed on the sustainable fashion design of organic cotton as a positive and alternative suggestion. It is expected that the results of this study contribute to the fashion design planning not only for future generation but also for the present time. This study researched on brands that produced their fashion products using organic cotton. The following cases proved to possess sustainability in their product system. The results of this study can be summarized as follows: Firstly, sustainable design in organic cotton products has been a progressive ere-design in 2000s. It is mainly focus concerned with recycling and re-use of materials to protect environment. It is not chemical dependant and takes a particular care in eliminating waste water and energy in the dyeing process. It is an environmentally sustainable design better than all the other design processes. Secondly, it is a design that cares for the common good of society and the global system of fair trading. The fair trading of organic cotton products induced a change in the structure of production system, while defending human rights. It also gave benefits by promoting development in local society and progress in traditional skills. Not to mention that it contributed to building up the concept of transparency in the global economic system. Lastly, the brands emphasize their social responsibility and management ethics to observe environmental policy which is established to protect our nature and people. Their public information reminds customers of the importance of protecting the environment from diverse pollution. Moreover, they hold social events to promote public awareness for environmental Issues. This study dealt only with the organic cotton, a small subset of the subject of sustainable design. It can be extended and applied to various other sustainable fashion design as a solution for global environmental issues.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.37-60
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• 2017

Ownership is the bundle of rights that allow a person or institute to use and control an object. As the biomedical science is advanced, we should consider whether human biological material should be recognized as property. Whether separated parts of the human body can be objects of ownership is a different issue. Many thought that separated parts of the human body could not be objects of ownership. This idea is primarily based on this thought: even if a piece of human biological material is separated from a person, it still relates to that person, and if treated as a thing, human dignity may be harmed. However, some commentators have admitted separated parts of the human body into the realm of property. Though a person owns his/her body or body parts, this does not mean that he/she can do anything he/she desires. There are many natural and social limitations to exercise the ownership of human biological material as discussed above. Human dignity is the core consideration whether or not we recognize that ownership of human biological material biomedical research and knowledge.

• Korean journal of communication and information
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• v.23
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• pp.189-221
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• 2003

This study compares the influence of perceived public opinion on Internet users' willingness to expression in real space with in cyber space. In real space, people who perceive their opinions as minority opinion are reluctant to express theirs publicly because of fear of isolation. But cyber space is the anonymous world. So we can expect that people express their opinions freely without the fear of isolation in this space. This study's results provide the support for our expectation. In cyber space, the minority perception group has as the high willingness to expression of their opinion about the abrogation of the Korean Family Rights Raw as the majority perception group. Both of in cyber space and in real space, it is the perception failure group that makes discrepancy in the willingness to expression. This group has the lowest willingness to expression in both space. However, the other predictors of willingness to expression in cyber space are similar to those in real space. Issue salience, Communication apprehension, and Age are the very significant predictors of willingness to expression in both spaces. Sex and ideology are significant predictors in real space, while the frequency of online conversation is the significant predictor in cyber space.