• The Journal of the Korea Contents Association
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• v.6 no.1
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• pp.85-92
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• 2006

It seems extremely incongruous that genocide, crimes against humanity and war crimes could ever be justified or excused by 'defensive force'- self-defence, defence of others and defence of property. Nonetheless, art 31(1)(c) of the Rome Statute of the International Criminal Court codifies defensive force as a ground for excluding criminal responsibility. This provision was controversial and extremely difficult to negotiate at the Rome Conference of 1998, largely due to the conceptual differences that exist in respect of criminal defences between the various domestic legal systems of the world. This paper analyses the drafting history and wording of art 31(1)(c) in order to clarify the precise scope of defensive force under the Rome Statute. It then seeks to ascertain the applicability of the provision to genocide, crimes against humanity and war crimes, and to thereby explore the nature of these crimes and the intended prosecutorial strategy of the International Criminal Court.

• The Korean Journal of Archival Studies
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• no.54
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• pp.111-150
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• 2017

This paper examines the current situation of sources on Korean Class B and C war criminals attached as civilians to the Japanese military during the Asian Pacific War charged with cruelly treating Allied POWs in Japanese POW camps, and also explores the possibility of a joint Korean-Japanese archive of these sources. The Japanese government agreed to the judgement of war crimes by accepting the terms of the Potsdam Declaration, and the Allied troops carried out the judgement of Class B and C war crimes in each region of Asia and the International Military Tribunal for the Far East (also known as the Tokyo Trials). However, many non-Japanese such as Koreans and Taiwanese from the Japanese colonies were prosecuted for war crimes. The issues of reparations and restoring their reputations were ignored by both the Korean and Japanese governments, and public access to their records restricted. Most records on Korean Class B and C war criminals were transferred from each ministry to the National Archives of Japan. The majority are copies of the judgements of war crimes by the Allied nations or records prepared for the erasure of Japanese war crimes after each department operated independently of the Japanese government. In the case of the Diplomatic Archives of the Ministry of Foreign Affairs, such records focused mostly on their war crimes and the transfer of B and C war criminals within Japan and the diplomatic situation. In the case of Korea and Taiwan, these records were related to the negotiations on the repatriation of Class B and C war criminals. In addition, the purpose of founding of the Japan Center for Asian Historical Records and its activities demonstrate its tremendous utility as a facility for building a joint Korea-Japan colonial archive. Thus, the current flaws of the Japan Center for Asian Historical Records should be improved on in order to build a such a joint archive in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.15
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• pp.40-66
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• 2002

The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

• Journal of International Area Studies (JIAS)
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• v.22 no.2
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• pp.47-80
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• 2018

Bosnia has a unique political and social structure of 'One State-Two Systems' according to the 'Dayton Peace Agreement'. It is true that since the end of the 1995 civil war, the problem of nation and peace in Bosnia has been attracted by the broad concept of Europe as a whole, beyond the local dimension of the Balkans. Bosnia is a typical 'Mosaic of Religion and Culture' region in Europe. And Sarajevo, the capital of Bosnia, where various religious and cultural features of Europe are gathered, is called 'Jerusalem in Europe'. For this reason Bosnia has repeated a history of cultural and religious conflict since the Middle Ages. However, before the civil war in the late 20th century, the nations in Bosnia also had experience of 'harmony among various nations, religions and cultures of East and West'. The international community, including the EU, has paid attention to this point as it promotes Bosnia's reconstruction and peace settlement. And these are working to restore the history of harmony among nations in Bosnia today. In the past, research on Bosnia has focused primarily on national conflicts between religions and cultures. However, in this study, I will try to analyze the practical cases of peace settlement and harmony among nations in Bosnia as follows: First, 'Bosnia's accession to the EU' which means active intervention and continued interest of the international community. Second, 'the resolution of war crimes and liquidation of past history' through the end of ICTY mission in December 2017. And third, 'reflection of international society and historical reconciliation of Serbia' through the reinterpretation of the Srebrenica massacre.

• The Journal of the Korea Contents Association
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• v.9 no.12
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• pp.805-813
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• 2009

Coast guard organization has very different working environment with other general administrative organizations or police organizations. Because they are charging various coastal crimes and safeties by using war vessel at ocean, it was expected that in case of coast guard officers, the impact on organization commitment for each trust factor within organization has the differentiation with other administrative organizations. Core of results by conducting positive research is as following: It is indicated that for coast guard officer, organization trust factor most strongly impacts on organization commitment, and of social trust factors, colleague trust factor more impacts relatively than boss trust factor. Then, when searching the difference of trust factor recognition depending on population sociological properties of coast guard officers, it is indicated that the one having the experience of working at war vessel has more trust to its colleagues than the one having not and executives more trust their boss than non-executives. The reason why the trust to colleague is higher than to boss is recognized that it is caused from deep relationship with colleagues who work and live together when considering working conditions of security vessel.

• Korean Security Journal
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• no.39
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• pp.185-215
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• 2014

Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

• Journal of Contemporary Eastern Asia
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• v.18 no.2
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• pp.49-67
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• 2019

Since returning to power in 2012, the second Abe administration has pressured Japanese mainstream media in various ways, from creating the Secrecy Act to forming close relationships with media executives and promoting anti-journalism voices on social media. This article focuses on the growth of a jingoist group called the 'Net-rightists' ('Neto-uyo' in the Japanese abbreviation) on the Internet, which has been supporting the right-wing government and amplifying its historical revisionist views of Japanese colonialism. These heavy Internet users deny Japan's war crimes against neighboring Asian countries and disseminate fake news about the past, which justifies Prime Minister Shinzo Abe's hostile diplomatic policies against South Korea and China. Over the past years, the rightist online discourses have become powerful to such an extent that the editorials of major newspapers and TV reports shifted to more nationalist tones. Who are the Neto-uyo? Why have they emerged from the online world and proliferated to the offline world? Two significant characteristics of new media are discussed to analyze their successful media manipulation: cultural transcoding and perpetual rewriting of collective memories. These characteristics have resulted in constructing and reinforcing the data loops of the 'Daily Us' versus Them, technologically raising current diplomatic tensions in East Asia.

• The Journal of Information Systems
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• v.26 no.3
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• pp.247-271
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• 2017

Purpose This study aims to propose a framework for safety in domestic walking tourism, which defines the scope and type of safety information for tourists. Also, the framework provides a systematic classification for safety information in walking tourism. As the importance of safety in walking tourism due to the frequent occurrence of crimes and unexpected accidents increases, it is necessary to provide tourists with safety information on walking courses rapidly and systematically. However, most administrators (e.g., local governments) have mainly focused on providing tour information on walking courses through Internet websites or mobile apps, overlooking the safety issue. Besides, there is a lack of understanding of safety not only in walking tourism but also in the whole tourism industry. Design/methodology/approach This study proposes the framework that covers all possible safety-related information in walking tourism. Furthermore, to validate its availability, this study analyzes eight major platforms which offer tour information to tourists by applying the framework. Findings The major findings of this study are as follows. First, all platforms considered in this study do not provide any information on tourism safety, focusing on the provision of tour information. Second, three platforms currently provide an SOS function which means post-safety information. That is, no safety information is provided to prevent safety issues in advance. Finally, despite the increase of social concerns, all platforms do not provide safety information on public order and diseases in the social disaster classification as well as environmental pollution in the natural disaster classification. The details and implications of the findings are presented.

• 한국체육학회지인문사회과학편
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• v.54 no.5
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• pp.581-592
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• 2015

This research was fairness in sport and power is how they form and change through historical discussion on the sport's doping and ran afoul of fairness Explored in match-fixing in relationship with power, the product of the problems of human desires. First, doping and exploration of power. The history of doping in sports, history as long as it existed before. Medication is ruler of the players can't or don't conform with authority between the pair formed a relationship, where, in accordance with the victory of a temptation for wealth and fame and vested interests and desire, is personal, Society and country ranging and widely is committed. In particular, power of expression is reflected well reflected in the sport in the Cold War era and, in those days was wrong thinking and practices are still truly understands the connection between doping and anti-doping. Second, match-fixing and exploration of power. Also in the history of sport as doping, match-fixing, always existed. Sport and fairness of match-fixing in relation to artificial sources, and well decide the outcome of which ended with sport, not an issue connected to gambling and other crimes, And that's another sport and bring about a vicious circle of even turn into a row. The reason for this match fixing in power part of the formation of capital and profits for the exact cause has developed that further threatens the fair sport. Thus, in fairness, and relations of power in sport doping and match-fixing is historically very meaningful and, further research and discussion is needed. Buried the materialistic values of sport doping and match-fixing, nothing is being tolerated and other researchers' power as the elements of the pie grow only by sport only No one can guarantee that only satisfied if we hold a bright future of sport.

• Korean Security Journal
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• no.53
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• pp.63-79
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• 2017

Defence Security Command is the only military intelligence and investigation agency which is in charge of safeguarding military information and investigating specific crimes such as subversion and disloyalty in military. While the presidential security provided by Defence Security Command, along with Presidential Security Service(PSS) and the police, forms one of three pillars sustaining presidential security, its works and activities have been rarely known to the public due to the military confidentiality. This study looks into some data specialized into the presidential security among works of Defense Security Command by using various resources such as biographies of key people, media reports, and public materials. It reviews the presidential security works in a historical sense that the works have developed and changed in accordance with the historical changes of Defense Security Command, which was rooted in Counter-Intelligence Corps (Teukmubudae in Korean) in 1948 and leads to the present. The study findings are as follows. First, when the Korean War broke out in 1950 and since then the South Korea was under the threat of the North Korean armed forces and left wing forces, Counter-Intelligence Corps(Bangcheopdudae in Korean) took the lead in presidential security more than the police who was in charge of it. Secondly, even after the Presidential Security Office has founded in 1963, the role of the military on presidential security has been extended by changing its titles from Counter-Intelligence Corps to Army Security corps to Armed Forces Security Command. It has developed their provision of presidential security based on the experience at the president Rhee regime when they could successfully guard the president Rhee and the important government members. Third, since the re-establishment into Defence Security Command in 1990, it has added more security services and strengthened its legal basis. With the excellent expertise, it played a pivotal role in the G20 and other state-level events. After the establishment of the Moon Jaeinin government, its function has been reduced or abolished by the National Defense Reform Act. However, the presidential security field has been strengthening by improving security capabilities through reinforcing the organization. This strengthening of the security capacity is not only effective in coping with the current confrontation situation with the hostile North Korean regime, but also is important and necessary in conducting constant monitoring of the military movement and security-threat factors within military during the national security events.