• 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.40
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• pp.109-145
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• 2014

Despite much discussions on cyber-terrorism in South Korea, several missing issues could be addressed. This paper attempts to deal with such missing but important issues. In South Korea, there has been little attentions on cyber-terrorism with the respects of national security strategy development under macro framework responding to future security environment. This article focuses on such issues. In other words, the purpose of this paper evaluates the meaning of national security threats raised from cyber-terrorism as a mode of security threats and proposes the matter of cyber-terrorism within the development of national security strategy in the future security environment. several issues in this discussion pass some important messages for the construction of national security strategic approach framework within the future security environment adding cyber-space. in the future environment, a new space called cyber is added as an important external condition which might determine the security of individuals, societies, and nations. Therefore, the fundamental strategic framework should be prepared. After that, the trend and direction of future technological advancement should be understood and the identity, nature, and types of threat should be analyzed. Also, after that, various responses and countermeasures are together constituted in the aspect of function and system regarding various anticipated threats of the future human society including cyber-terrorism.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.47 no.12
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• pp.904-912
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• 2019

We have studied the numerical analysis about the fragment ejection velocity and spray angle when the High Explosive warhead detonated at proximity distance at an aircraft. To study the physical quantities about the warhead components is very important to assessment the vulnerability of aircraft. Generally, the physical quantities about the components of a warhead such as the mass, length, diameter and charge to mass ratio are unknown. Therefore, it is required to estimate the physical quantities by using physical continuities of similar threats. The empirical formulas to understand the dependence among charge to mass ratio, length and diameter ratio were driven by using the physical parameters of similar threatening such as terrier, sparrow. As a result, we confirmed that the dead mass ratio was closed to 20% of warhead mass since the metal case of the proximity threat acts as a simple carrier. This implies that the effective length and diameter of High Explosive Compound is smaller than the length and diameter of warhead, and become a key to understand the large ejection gradient velocity and small spray angle of fragments within 6 degree.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• Smart Media Journal
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• v.10 no.3
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• pp.31-38
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• 2021

It is hard to predict when and where a fall accident will happen. Also, if rapid follow-up measures on it are not performed, a fall accident leads to a threat of life, so studies that can automatically detect a fall accident have become necessary. Among automatic fall-accident detection techniques, a fall detection scheme using an IMU (inertial measurement unit) sensor attached to a wrist is difficult to detect a fall accident due to its movement, but it is recognized as a technique that is easy to wear and has excellent accessibility. To overcome the difficulty in obtaining fall data, this study proposes an algorithm that efficiently learns less data through machine learning such as KNN (k-nearest neighbors) and SVM (support vector machine). In addition, to improve the performance of these mathematical classifiers, this study utilized feature data aquired in the frequency space. The proposed algorithm analyzed the effect by diversifying the parameters of the model and the parameters of the frequency feature extractor through experiments using standard datasets. The proposed algorithm could adequately cope with a realistic problem that fall data are difficult to obtain. Because it is lighter than other classifiers, this algorithm was also easy to implement in small embedded systems where SIMD (single instruction multiple data) processing devices were difficult to mount.

• Journal of Digital Convergence
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• v.20 no.4
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• pp.377-388
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• 2022

Metaverse, realistic virtual space technology has become a hot topic. However, due to the lack of an institutional system to the metaverse environment, concerns are rising over the leakage of industrial confidentiality, including digital assets produced, stored, processed, and transferred within the metaverse. Digital forensics, a technology to defend against hacking attacks in cyberspace, cannot be used in metaverse space, and there is no basis for calculating the extent of damage and tracking responsibility, making it difficult to respond to human resources leakage and cyberhacking effectively. In this paper, we define the scope of industrial confidentiality information and leakage scenario and propose policy and institutional measures based on problems in each metaverse scenario. As a result of the study, it was necessary to prepare a standardized law on Extra-territorial search and seizure issues and a system for collecting cryptocurrency evidence to respond to industrial confidentiality leaks in the metaverse. The study expects to contribute to industrial technology development by preparing in advance for problems that may arise in metaverse technology.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.50 no.4
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• pp.287-295
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• 2022

As low altitude long-range artillery threat has been strengthened, the development of anti-artillery interception system to protect assets against its attacks will be kicked off. We view the defense of long-range artillery attacks as a typical dynamic weapon target assignment (DWTA) problem. DWTA is a sequential decision process in which decision making under future uncertain attacks affects the subsequent decision processes and its results. These are typical characteristics of Markov decision process (MDP) model. We formulate the problem as a MDP model to examine the assignment policy for the defender. The proximity of the capital of South Korea to North Korea border limits the computation time for its solution to a few second. Within the allowed time interval, it is impossible to compute the exact optimal solution. We apply approximate dynamic programming (ADP) approach to check if ADP approach solve the MDP model within processing time limit. We employ Shoot-Shoot-Look policy as a baseline strategy and compare it with ADP approach for three scenarios. Simulation results show that ADP approach provide better solution than the baseline strategy.

• Journal of Environmental Impact Assessment
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• v.32 no.6
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• pp.503-515
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• 2023

The disconnection and fragmentation of ecological spaces that occur during the development process pose a significant threat to biodiversity. Urban center areas with high development pressure are particularly susceptible to low connectivity due to a scarcity of ecological space. This issue tends to be more pronounced in larger cities.To address this challenge, continuous efforts are needed to assess and improve the current state of ecological space connectivity at the level of individual projects and urban management. However, there is a lack of discussion regarding the analysis and improvement of ecological connectivity in metropolitan cities In line with this objective, this study evaluated the connectivity of ecological spaces in the city centers of Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, and Ulsan. The evaluation revealed that city centers exhibited lower connectivity of ecological spaces compared to their peripheries or the overall city. In addition, in the ecological network analysis that reflected regional characteristics, such as the species distribution model conducted on Daejeon, 510 optimal paths connecting forests of more than 1ha were derived. This study is significant as an example of deriving an ecological network based on regional characteristics, including quantitative figures necessary for establishing goals to improve urban ecological connectivity and biodiversity. It is anticipated that the results can be utilized to propose directions for enhancing ecological connectivity in environmental impact assessments or urban management and to establish an evaluation framework.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.30 no.3
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• pp.97-110
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• 2012

This study aimed at considering the original shape of Iljiam Tea Garden at Mt. Daedun. In order to accomplish our goal, we tried to strengthen the authenticity of construction of Iljiam by comparing its space structure depicted in the poetry of Choeui(艸衣) the monk with its current restored state. According to the clues and situation in the poetry along with symbolic words like 'Choeui' and 'Ilji(一枝)', Iljiam seemed to be a tea garden with elegant and celestial beauties, and with a nice view where Choeui the famous monk searched for the highest state of enlightenment by enjoying and living in nature. When we compared the plural aspects of Iljiam like Dacheon(茶泉), Dajo, Mulhwak, Darim(茶林), Chaewon(菜園), and Yeonji(蓮池) with those of Dasan Tea Garden[茶山草堂], we could see that the basic components of tea-culture space of both gardens are the same, showing the organizational principle of the top and bottom area to stress reading and studying. When it is restored, the authenticity of Iljiam should be pursued by linking spatial, historical, and landscaping characteristics as the space of which Choeui the monk carried out Zen meditation and mastered tea. However, the recent grand scale Buddhist business like the expansion of access road and construction of Buddhist sanctuary and Seolimdang became the biggest threat to the authenticity. Especially, it was emphasized many times in various poetry that the view from Iljiam and its surroundings is extraordinary, so it is critical to get rid of obstacles to the view from Iljiam and its surroundings in order to restore Iljiam as its genuine form. The current Iljiam should be re-made because it is like a leaf-roofed garden, not like a hermitage. However, the opinion that Jawoohongryeon-sa(紫芋紅蓮社) is somewhat a Taoistic and Taoist hermit space with a special shape adopted the pattern of building of the Joseon period rather than a Buddhist building can be accepted as long as other convincing historical evidences are found out, considering the ideology of uniting Confucianism and Buddhism and the spirit of Taoist hermit found out from poetry of Choeui and his friends. In conclusion, the restoration of Iljiam in 1979 was carried out to restore the place of Iljiam rather than to restore the originality of Iljiam by combining and referring domestic cases of tea gardens. However, there is not much material for restoration even though the main frame of Iljiam was distorted. Nevertheless, the top and bottom ponds should be constructed as a rectangle shape. In addition, it can be improved much in terms of plants and trees. It is necessary to restore bamboo forest, which was razed in order to make a tea plantation around Seolimdang, to set vines of arbors above the upper limbs, to plant pine trees and willow trees inside of the garden, and to put Dajeolgu under the corner of the eaves. Especially, the bamboo forest emphasized in poetry and took care of by Choeui himself should be restored inside of the garden.