• 항공우주정책ㆍ법학회지
• /
• 제1권
• /
• pp.47-85
• /
• 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.

• 산경연구논집
• /
• 제11권2호
• /
• pp.25-31
• /
• 2020

Purpose: The AEO (Authorized Economic Operator) program, created in 2001 in the United States due to 9.11 terrorist's attack, fundamentally changed the trade environment. Korea, which introduced AEO program in 2009, has become one of the world's top countries in the program by ranking 6th in the number of AEO certified companies and the world's No. 1 in MRA (Mutual Recognition Agreement) conclusions. In this paper, we examined what trade-economic and non-economic effects the AEO program and its MRA have in Korea. Research design, data and methodology: In this study we developed a model to verify the impact between utilization of AEO and trade-economic effects of the AEO and its MRA. After analyzing the validity and reliability of the model through Structural Equation Model we conducted a survey to request AEO companies to respond their experience on the effects of AEO program and MRA. As a result, 196 responses were received from 176 AEO companies and utilized in the analysis. Results: With regard to economic effects, the AEO program and the MRA have not been directly linked to financial performance, such as increased sales, increased export and import volumes, reduced management costs, and increased operating profit margins. However, it was analyzed that the positive effects of supply chain management were evident, such as strengthening self-security, monitoring and evaluating risks regularly, strengthening cooperation with trading companies, enhancing cargo tracking capabilities, and reducing the time required for export and import. Conclusions: When it comes to the trade-economic effects of AEO program and its MRA, AEO companies did not satisfy with direct effects, such as increased sales and volume of imports and exports, reduced logistics costs. However, non-economic effects, such as reduced time in customs clearance, freight tracking capability, enhanced security in supply chain are still appears to be big for them. In a rapidly changing trade environment the AEO and MRA are still useful. Therefore the government needs to encourage non-AEO companies to join the AEO program, expand MRA conclusion with AEO adopted countries especially developing ones and help AEO companies make good use of AEO and MRA.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• 제5권7호
• /
• pp.1329-1345
• /
• 2011

After the 9.11 terror attack, lawful Interception (LI) has emerged as an important tool for anti-terrorist activity. Law enforcement agents and administrative government bodies effectively monitor suspicious target users of permanent IP-based network devices by LI in Packet Data Networks (PDNs). However, it is difficult to perform LI in monitoring migrating users from a location to another, who change their IPs due to the proliferation of portable Internet devices enabling 3G IP Multimedia Subsystems (IMS). The existing, manual handover technique in 3G IMS makes it even more difficult to continue the LI activities due to time-lag reissuance of LI authority warrants when the target users move to a new LI jurisdiction via a roaming service. Our proposed model is a seamless LI handover mechanism in 3G IMS to support mobility detection of the target users. The LI warrants are transferred to the new LI agent automatically with the target users when they move to a new LI jurisdiction. Thus, time-lag human intervention of reissuance of the LI warrants is removed and enables the LI authorities to continue monitoring. In the simulation of our proposed mechanism, the quality of lawful interception achieves a mean score of over 97.5% out of the possible 100% maximum score, whereas the quality of the existing mechanism has a mean score of 22.725%.

• 한국항공운항학회지
• /
• 제22권1호
• /
• pp.114-123
• /
• 2014

Due to the recent aircraft accidents both in Ethiopian airline and Malaysian airline, almost all the media are focusing the importance of the airline safety. Especially, media's eyes and ears are interested in the reasons why Malaysia airline's missing presumed as by either terrorist attack or pilot's mistake. Safety Behaviors of pilot are viewed as the most important human factor issues among researchers. This is because, if it were the case of a commercial airline, pilot's safety behavior would be directly related to the lives of couple of hundreds passengers. This paper considers the antecedents of this safety behaviors as pilot's leadership, pilot's leadership and self-efficacy. This paper has tried to find out which human factors of a pilot would have significant impact on their safety behaviors. According to the empirical research result from SEM (Structural Equation Model), it was found out both the leadership and self-efficacy of a pilot had direct impact on their safety behaviors through safety motivation. Thus it could be concluded that flight crew must follow the instruction of a pilot who had the authority of the flight operation. The managerial implication are discussed in the conclusion part of this paper. As an implication, this paper concluded that it would be necessary to do further research on pilot's leadership and self-efficacy.

• 콘크리트학회논문집
• /
• 제26권3호
• /
• pp.393-400
• /
• 2014

구조물은 사고 혹은 테러에 의한 공격 등과 같은 차량에 의한 충돌에 노출되어 있으며, 차량 충격이 구조물의 주요 기둥에 발생 할 경우 구조물 전체가 연쇄붕괴로 인하여 붕괴 할 수 있다. 이 연구에서는 차량 충격하중을 받는 강재 기둥과 콘크리트 기초 상부 접합부의 거동 및 보강방법에 관하여 분석하였다. 충돌해석을 위하여 모델링 된 단일 강재 기둥의 크기와 기둥이 받는 축 하중의 양은 일반적인 3층, 6 m길이의 3경간 구조물의 1층에 위치한 기둥으로 가정하였다. 또한 충돌해석에 사용한 8톤 트럭은 미국 NCAC(National Crash Analysis Center)에서 제공한 모델을 사용하였다. 충돌 해석은 상용 유한요소 프로그램인 LS-DYNA를 사용하였으며 차량 충돌해석 해석 결과, 충격하중을 받는 기둥은 기초 상부 앵커볼트 및 접합부 형태에 큰 영향을 받는 것으로 나타났다.

• Structural Engineering and Mechanics
• /
• 제32권2호
• /
• pp.193-212
• /
• 2009

The resilience of a city confronted with a terrorist bomb attack is the background of the paper. The resilience strongly depends on vital infrastructure and the physical protection of people. The protection buildings provide in case of an external explosion is one of the important elements in safety assessment. Besides the aspect of protection, buildings facilitate and enable many functions, e.g., offices, data storage, -handling and -transfer, energy supply, banks, shopping malls etc. When a building is damaged, the loss of functions is directly related to the location, amount of damage and the damage level. At TNO Defence, Security and Safety methods are developed to quantify the resilience of city infrastructure systems (Weerheijm et al. 2007b). In this framework, the dynamic response, damage levels and residual bearing capacity of multi-storey RC buildings is studied. The current paper addresses the aspects of dynamic response and progressive collapse, as well as the proposed method to relate the structural damage to a volume-damage parameter, which can be linked to the loss of functionality. After a general introduction to the research programme and progressive collapse, the study of the dynamic response and damage due to blast loading for a single RC element is described. Shock tube experiments on plates are used as a reference to study the possibilities of engineering methods and an explicit finite element code to quantify the response and residual bearing capacity. Next the dynamic response and progressive collapse of a multi storey RC building is studied numerically, using a number of models. Conclusions are drawn on the ability to predict initial blast damage and progressive collapse. Finally the link between the structural damage of a building and its loss of functionality is described, which is essential input for the envisaged method to quantify the resilience of city infrastructure.

• 한국재난정보학회 논문집
• /
• 제15권1호
• /
• pp.49-66
• /
• 2019

연구목적: 본 연구는 드론의 테러위협으로부터 민간 다중이용시설이 안전하고 유익하게 사용될 수 있도록, 민간시설의 드론테러 방어를 위한 법제도의 개선방안을 제시하고자 한다. 연구방법:연구를 위해 국가가 민간시설에 대해 시행하고 있는 대테러활동 운영실태를 조사 분석하였으며, 국외의 모범사례를 기술하고 비교하여 국내에 필요한 드론테러에 대한 국가 대테러정책의 방향을 제시하고 있다. 연구 결과: 국내 드론테러에 대한 법제도 한계점에 대하여 연구한 결과, 국내 적용 가능한 안티드론 기술을 구축 활용하기 어려워짐에 따라 드론테러에 대한 위협 뿐만 아니라, 사생활 침해, 스토킹 등의 범죄에도 취약점이 드러났다. "전파법과" 정보보호관련 법률 등 국민의 안전에 관한 법률은 안티드론기술의 도입을 방해하는 장애요인이 되고 있으므로 본 논문에서 제시하고 있는 법제도의 개선이 요구된다. 결론: 본 연구를 통해 민간시설 드론테러 취약요인과 피해경감대책의 법제도적 한계점과 개선방안을 하였다. 따라서 본 연구의 개선방안을 검토하여 드론테러의 대책방안이 마련되어야 한다.

• 영어영문학
• /
• 제57권1호
• /
• pp.107-127
• /
• 2011

Don DeLillo has shown considerable interest in terror, frequently depicting extreme dread of something terrible to happen, in his literary texts. Since more than three thousand innocent people in New York were killed by the 9-11 terrorist attack in 2001, the anticipation about what kind of fiction he would write as a New Yorker was high. DeLillo's novel Falling Man (2007) in fragmentary detail represents the scene of the terrorism from the perspective of Keith Neudecker, a lawyer who escapes the collapsing world trader center. Neudecker's post-traumatic stress disorder in the first chapter is followed by the free-associative portrayal of various impacts of the 9-11 terror on Neudecker's wife Lienne in the second chapter. The random mixture of the first person narratives from such diverse view-point characters as Neudecker's son Justin, relatives and friends, with dialogues and recollections yields a very close picture of the consequences of terrorism. Reading DeLillo's Falling Man in juxtaposition with a Japanese Canadian novel Obasan by Joy Kogawa, reminiscences of the maltreatment of Japanese Canadians during and after the second world war, surfaces the authorial intention of the two novels. They as trauma literature emerge to aim at curing the readers and proposing post-traumatic ethics. Laurie Vickroy's theory of trauma narrative and cure, E. Ann Kaplan's theory of trauma witness narrative and responsibility, and Emmanuel Levinas's theory of trauma memory and ethics offer theoretical grounds for the convincing analysis of the two texts.

• Structural Engineering and Mechanics
• /
• 제77권4호
• /
• pp.441-461
• /
• 2021

Reinforced concrete (RC) columns are crucial in building structures and they are of higher vulnerability to terrorist threat than any other structural elements. Thus it is of great interest and necessity to achieve a comprehensive understanding of the possible responses of RC columns when exposed to high intensive blast loads. The primary objective of this study is to derive analytical formulas to assess vulnerability of RC columns using an advanced numerical modelling approach. This investigation is necessary as the effect of blast loads would be minimal to the RC structure if the explosive charge is located at the safe standoff distance from the main columns in the building and therefore minimizes the chance of disastrous collapse of the RC columns. In the current research, finite element model is developed for RC columns using LS-DYNA program that includes a comprehensive discussion of the material models, element formulation, boundary condition and loading methods. Numerical model is validated to aid in the study of RC column testing against the explosion field test results. Residual capacity of RC column is selected as damage criteria. Intensive investigations using Arbitrary Lagrangian Eulerian (ALE) methodology are then implemented to evaluate the influence of scaled distance, column dimension, concrete and steel reinforcement properties and axial load index on the vulnerability of RC columns. The generated empirical formulae can be used by the designers to predict a damage degree of new column design when consider explosive loads. With an extensive knowledge on the vulnerability assessment of RC structures under blast explosion, advancement to the convention design of structural elements can be achieved to improve the column survivability, while reducing the lethality of explosive attack and in turn providing a safer environment for the public.

• 콘크리트학회논문집
• /
• 제28권6호
• /
• pp.673-683
• /
• 2016

최근 전 세계적으로 발생하고 있는 각종 사고 및 테러공격 등으로 인한 폭발, 충돌, 화재 사고가 빈번하게 발생하고 있으며, 특히, 2001년 미국 세계무역센터와 펜타곤에 발생한 9.11 테러사건 이후 사회적인 안전 불감증이 더욱 고조되고 있다. 또한, 2011년 일본 후쿠시마 원전사고로 인한 원전 격납건물 손상 시 발생할 수 있는 물리적, 환경적 위험성에 대한 사회적 불안감이 날로 커짐에 따라 원전격납건물, 가스탱크 등에 널리 사용되는 프리스트레스트 콘크리트 구조물에 대한 극한하중 연구가 다양하게 진행되고 있다. 본 연구에서는 2방향 비부착 프리스트레스트 콘크리트 패널 부재의 폭발저항성능을 분석하기 위하여 $1,400{\times}1,000{\times}300mm$의 철근콘크리트(RC), 프리스트레스 텐던으로만 보강된 콘크리트(PSC), 프리스트레스 텐던과 철근으로 보강된 콘크리트(PSRC) 시편을 제작하였다. 폭발하중은 ANFO 55 lbs 의 장약량을 1.0 m 이격거리로 적용하였으며, 측정하고자 하는 데이터는 초기 압력폭발하중 뿐 아니라, 반사압력, 충격량, 중앙부의 처짐, 가속도, 철근 및 콘크리트, 텐던의 변형률을 측정하여 분석하였다. 본 연구는 향후 국내외 프리스트레스트 콘크리트에 대한 방호설계 및 폭발해석 등 관련 연구분야의 중요한 자료가 될 것이라 판단된다.