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A Study on the Authority of Private Security Personnel (민간경비원의 권한에 대한 연구)

  • Choi, Sun-Woo
    • Korean Security Journal
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    • no.21
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    • pp.177-199
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    • 2009
  • In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.

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Analysis of the U.S. Federal Courts' Separability Doctrines for Arbitration Clause Entered Into by the Mentally Incapacitated (정신적 무능력자가 체결한 중재약정에 관한 미국 연방법원의 분리가능성 법리의 분석)

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.39-66
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    • 2020
  • Under the doctrine of separability, if the party did not specifically challenge the validity of the arbitration clause, then it is presumed valid, and arbitrators would still have authority to adjudicate disputes within the scope of the arbitration clause. Further, the Primerica and Spahr decisions address whether a court or an arbitrator should adjudicate a claim that a contract containing an arbitration clause is void ab initio due to mental incapacity. If the arbitration agreement is separable, as was found in Primerica, then the "making" of the agreement is not at issue when the challenge is directed at the entire contract and arbitrators may exercise authority. If an arbitration provision is not separable from the underlying contract, as in Spahr, a defense of mental incapacity necessarily goes against both the entire contract and the arbitration agreement, so the "making" of the agreement to arbitrate is at issue, and the claim is for courts to decide. Although no bright line rule can be established to deal with challenges of lack of mental capacity to an arbitration agreement, the rule in Prima Paint should not be extended to this defense. Extending the rule in Prima Paint would force an individual with a mental incapacity to elect between challenging the entire contract and challenging arbitration. Accordingly, there should be a special set of rules outside of the context of Prima Paint to address the situation of status-based defenses, specifically mental capacity defenses, to contracts containing arbitration provisions.

A Metadata Representation Scheme based on XML Schema for Special Digital Collections (디지털 특수자료를 위한 XML 스키마 기반의 메타데이터 표현 체계)

  • Oh, Sam-Gyun;Chae, Jin-Seok
    • Journal of the Korean Society for information Management
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    • v.21 no.4 s.54
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    • pp.109-131
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    • 2004
  • As there are diverse delivery media and forms of information resources, their management schemes are diverse as well. In library community, cataloguing. rules for describing information resources such as AACR and KCR have been developed. The efforts to automate management of information resources based on these rules resulted in the development of MARC. However, MARC records are restricted in describing the information resources and MARC has various and distinct characteristics of the structural rigidity, which does not support the representation of extended semantic structures that exist among bibliographic entities. Therefore, since the data model for MARC is single-layer data model, it is not appropriate for describing information resources represented by multi-layer data model which can be used to set up the relationships among various objects in digital libraries. In this paper, we propose an a metadata model for digital libraries based on the IFLA FRBR basic model which supports multi-layer data model and a representation scheme based on XML Schema to manage the metadata about old books, old documents, resource related to music, conferences and seminars.

The Measurement of Social Carrying Capacity on the Total Amount of Vehicles for Estimation of the Appropriate Number of Vehicles in U-do Island (적정입도차량대수 산정을 위한 자동차 총량제에 대한 사회적 수용력 측정)

  • Hwang, Kyung Soo;Ko, Tae Ho;Lim, Jung Hyun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.29 no.5D
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    • pp.605-610
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    • 2009
  • The either satisfaction levels or limits of tolerance levels felt by the users in the certain space/region should be examined for measuring social capacity on the total amount of vehicles. The reliability of measuring social carrying capacity depends primarily on decreasing the strategic responding biases. To induce the honest responses to preferences, Dichotomous Choice which is specifically known as the Double-Bounded Dichotomous Choice was adopted in this research to suggest the measurement methodology of social carrying capacity on the total amount of vehicles in U-do island. The empirical test was carried out the U-do island, an administrative district of Jeju Special Self-Governing Province. The number of vehicles satisfied by the 10% of residents was 390 and the satisfactory vehicle number was decreased to 132 extended to 90% of residents. This research, based on the political decision making criteria, set up the social carrying capacity in U-do island. The vehicle number satisfied by 50% of residents was 227, which meant the same number of residents turn to be supporter in case of political actions.

History of Land Registration and Small House Policies in the New Territories of the Hong Kong Special Administrative Region, the People's Republic of China

  • Fung, Philip Sing-Sang;Lee, Almond Sze-Mun
    • Land and Housing Review
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    • v.5 no.1
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    • pp.53-56
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    • 2014
  • Hong Kong, a well-known metropolis characterized by skyscrapers on both sides of the Victoria Harbour, consists mainly of 3 parts, namely the Hong Kong Island, the Kowloon peninsula and the New Territories (N.T.) which is the land area north of Kowloon plus a number of outlying islands. Located in the N.T. are all the new towns, market towns; and in the plains and valleys lie scattered village houses of not more than 3 storeys within the confines of well-defined village. These village houses are governed by a rural housing policy that could be traced back to the very beginning of the former British administration in the N.T. By the Convention of Peking of 1898, the N.T., comprising the massive land area north of Kowloon up to Shenzhen River and 235 islands, was leased to Britain by China for 99 years from 1st July 1898. Soon after occupation, the colonial government conducted a survey of this uncharted territory from 1899 to 1903, and set up a land court to facilitate all land registration work and to resolve disputed claims. By 1905, the Block Crown Leases with Schedule of Lessees and details of the lots, each with a copy of the lot index plan (Demarcation Plan) were executed. Based on the above, Crown rent rolls were prepared for record and rent collection purposes. All grants of land thereafter are known as New Grant lots. After completion and execution of the Block Crown Lease in 1905, N.T. villagers had to purchase village house lots by means of Restricted Village Auctions; and Building Licences were issued to convert private agricultural land for building purposes but gradually replaced by Land Exchanges (i.e. to surrender agricultural land for the re-grant of building land) from the early 1960's until introduction of the current Small House Policy in October 1972. It was not until the current New Territories Small House Policy came into effect in December 1972 that the Land Authority can make direct grant of government land or approve the conversion of self-owned agricultural land to allow indigenous villagers to build houses within the village environs under concessionary terms. Such houses are currently restricted to 700 square feet in area and three storeys with a maximum height of 27 feet. An indigenous villager is a male descendent of a villager who was the resident of a recognized village already existing in 1898. Each villager is only allowed one concessionary grant in his lifetime. Upon return of Hong Kong to the People's Republic of China on July 1st, 1997, the traditional rights of indigenous villagers are protected under Article 40 of the Basic Law (a mini-constitution of the Hong Kong Special Administrative Region). Also all N.T. leases have been extended for 50 years up to 2047. Owing to the escalating demand and spiral landed property prices in recent years, abuse of the N.T. Small House Policy has been reported in some areas and is a concern in some quarters. The Hong Kong Institute of Land Administration attempts to study the history that leads to the current rural housing policy in the New Territories with particular emphasis on the small house policy, hoping that some light can be shed on the "way forward" for such a controversial policy.

History of the Korean Society of Applied Entomology for its First Fifty Years (한국응용곤충학회의 첫 50년 역사)

  • Boo, Kyung-Saeng
    • Korean journal of applied entomology
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    • v.51 no.2
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    • pp.171-190
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    • 2012
  • The Korean Society of Applied Entomology (KSAE) celebrates its First 50 years history this year, 2011. It began in the year 1962, as the Korean Society of Plant Protection (KSPP) to discuss all aspects of plant protection including entomology and plant pathology. At that time it was one of the earliest scientific ones among agricultural societies in Korea. Before liberation from the Japanese colonial rule there were a few scientific societies for Japanese scientists only in the Korean Peninsula. It seemed that there was a single exception, in medical field, formed by and operated for Korean ethnics. Right after the liberation, Korean scientists rushed to form new scientific societies in the fields of mechanical engineering, architecture, textile, internal medicine, biology, etc. in 1945, mathematics, chemistry, metallurgy, etc. in 1946, and so on. But agricultural scientists had to wait for more time before setting up their own scientific society, Korean Agricultural Society(韓國農學會), comprising all agricultural subfields, in 1954. They had annual meetings and published their own journal every year until 1962. Then those working in the plant protection field established their own KSPP, right after their section meeting in 1962. At that time the total number of participants for KSPP were only around 50. KSPP scientists were interested in plant pathology, agricultural chemicals, weed science, or bioclimate, besides entomology. They had annual meetings once or twice a year until 1987 and published their own journal, Korean Journal of Plant Protection (KJPP), once a year at the earlier years but soon gradually increasing the frequency to four times a year later. Articles on entomology and plant pathology occupied about 40% each, but the number of oral or posters were a little bit higher on plant pathology than entomology, with the rest on nematology, agricultural chemicals, or soil microarthropods. There also had a number of symposia and special lectures. The presidentship lasted for two years and most of president served only one term, except for the first two. The current president should be $28^{th}$. In the year 1988, KSPP had to be transformed into the applied entomology society, Korean Society of Applied Entomology (KSAE), because most of plant pathologists participating left the society to set up their own one, Korean Society of Plant Pathology in 1984. Since that time the Society concentrates on entomology, basic and applied, with some notes on nematology, acarology, soil microarthropods, agricultural chemicals, etc. The Society has been hosting annual meetings at least twice a year with special lectures and symposia, from time to time, on various topics. It also hosted international symposia including binational scientific meetings twice with two different Japanese (applied entomology in 2003 and acarology in 2009) societies and the Asia-Pacific Congress of Entomology in 2005. The regular society meeting of this year, 2011, turns out to be the 43rd and this autumn non-regular meeting would be the 42nd. It has been publishing two different scientific journals, Korean Journal of Applied Entomology (KJAE) since 1988 and the Journal of Asia-Pacific Entomology (JAPE) since 1998. Both journals are published 4 times a year, with articles written in Korean or English in the first, but those in English only in the latter with cooperation from the Taiwan Entomological Society and the Malaysian Plant Protection Society since 2008. It is now enlisted as one of those SCI(science citation index) extended. The highest number of topics discussed at their annual meetings was on ecology, behavior, and host resistance. But at the annual meetings jointly with the Korean Society of Entomology, members were more interested in basic aspects, instead of applied aspects, such as physiology and molecular biology fields. Among those societies related to entomology and plant protection, plant pathology, pesticide, and applied entomology societies are almost similar in membership, but entomology and plant pathology societies are publishing more number of articles than any others. The Society is running beautifully, but there are a few points to be made for further improvement. First, the articles or posters should be correctly categorized on the journals or proceedings. It may be a good idea to ask members to give their own version of correct category for their submissions, either oral or poster or written publication. The category should be classified detailed as much as possible (one kind of example would be systematics, morphology, evolution, ecology, behavior, host preference or resistance, physiology, anatomy, chemical ecology, molecular biology, pathology, chemical control, insecticides, insecticide resistance, biocontrol, biorational control, natural enemies, agricultural pest, forest pest, medical pest, etc.) and such scheme should be given to members beforehand. The members should give one or two, first and second, choices when submitting, if they want. Then the categories might be combined or grouped during editing for optimal arrangement for journals or proceedings. Secondly the journals should carry complete content of the particular year and author index at the last issue of that year. I would also like to have other information, such as awards and awardees in handy way. I could not find any document for listing awards. Such information or article categorization may be assigned to one of the vice presidents. I would rather strongly recommend that the society should give more time and energy on archive management to keep better and more correct history records.

호스피스 전달체계 모형

  • Choe, Hwa-Suk
    • Korean Journal of Hospice Care
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    • v.1 no.1
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    • pp.46-69
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    • 2001
  • Hospice Care is the best way to care for terminally ill patients and their family members. However most of them can not receive the appropriate hospice service because the Korean health delivery system is mainly be focussed on acutly ill patients. This study was carried out to clarify the situation of hospice in Korea and to develop a hospice care delivery system model which is appropriate in the Korean context. The theoretical framework of this study that hospice care delivery system is composed of hospice resources with personnel, facilities, etc., government and non-government hospice organization, hospice finances, hospice management and hospice delivery, was taken from the Health Delivery System of WHO(1984). Data was obtained through data analysis of litreature, interview, questionairs, visiting and Delphi Technique, from October 1998 to April 1999 involving 56 hospices, 1 hospice research center, 3 non-government hospice organizations, 20 experts who have had hospice experience for more than 3 years(mean is 9 years and 5 months) and officials or members of 3 non-government hospice organizations. There are 61 hospices in Korea. Even though hospice personnel have tried to study and to provide qualified hospice serices, there is nor any formal hospice linkage or network in Korea. This is the result of this survey made to clarify the situation of Korean hospice. Results of the study by Delphi Technique were as follows: 1.Hospice Resources: Key hospice personnel were found to be hospice coordinator, doctor, nurse, clergy, social worker, volunteers. Necessary qualifications for all personnel was that they conditions were resulted as have good health, receive hospice education and have communication skills. Education for hospice personnel is divided into (i)basic training and (ii)special education, e.g. palliative medicine course for hospice specialist or palliative care course in master degree for hospice nurse specialist. Hospice facilities could be developed by adding a living room, a space for family members, a prayer room, a church, an interview room, a kitchen, a dining room, a bath facility, a hall for music, art or work therapy, volunteers' room, garden, etc. to hospital facilities. 2.Hospice Organization: Whilst there are three non-government hospice organizations active at present, in the near future an hospice officer in the Health&Welfare Ministry plus a government Hospice body are necessary. However a non-government council to further integrate hospice development is also strongly recommended. 3.Hospice Finances: A New insurance standards, I.e. the charge for hospice care services, public information and tax reduction for donations were found suggested as methods to rise the hospice budget. 4.Hospice Management: Two divisions of hospice management/care were considered to be necessary in future. The role of the hospice officer in the Health & Welfare Ministry would be quality control of hospice teams and facilities involved/associated with hospice insurance standards. New non-government integrating councils role supporting the development of hospice care, not insurance covered. 5.Hospice delivery: Linkage&networking between hospice facilities and first, second, third level medical institutions are needed in order to provide varied and continous hospice care. Hospice Acts need to be established within the limits of medical law with regards to standards for professional staff members, educational programs, etc. The results of this study could be utilizes towards the development to two hospice care delivery system models, A and B. Model A is based on the hospital, especially the hospice unit, because in this setting is more easily available the new medical insurance for hospice care. Therefore a hospice team is organized in the hospital and may operate in the hospice unit and in the home hospice care service. After Model A is set up and operating, Model B will be the next stage, in which medical insurance cover will be extended to home hospice care service. This model(B) is also based on the hospital, but the focus of the hospital hospice unit will be moved to home hospice care which is connected by local physicians, national public health centers, community parties as like churches or volunteer groups. Model B will contribute to the care of terminally ill patients and their family members and also assist hospital administrators in cost-effectiveness.

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A Study on Forest Insurance (산림보험(山林保險)에 관한 연구(硏究))

  • Park, Tai Sik
    • Journal of Korean Society of Forest Science
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    • v.15 no.1
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    • pp.1-38
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    • 1972
  • 1. Objective of the Study The objective of the study was to make fundamental suggestions for drawing a forest insurance system applicable in Korea by investigating forest insurance systems undertaken in foreign countries, analyzing the forest hazards occurred in entire forests of Korea in the past, and hearing the opinions of people engaged in forestry. 2. Methods of the Study First, reference studies on insurance at large as well as on forest insurance were intensively made to draw the characteristics of forest insurance practiced in main forestry countries, Second, the investigations of forest hazards in Korea for the past ten years were made with the help of the Office of Forestry. Third, the questionnaires concerning forest insurance were prepared and delivered at random to 533 personnel who are working at different administrative offices of forestry, forest stations, forest cooperatives, colleges and universities, research institutes, and fire insurance companies. Fourth, fifty three representative forest owners in the area of three forest types (coniferous, hardwood, and mixed forest), a representative region in Kyonggi Province out of fourteen collective forest development programs in Korea, were directly interviewed with the writer. 3. Results of the Study The rate of response to the questionnaire was 74.40% as shown in the table 3, and the results of the questionaire were as follows: (% in the parenthes shows the rates of response; shortages in amount to 100% were due to the facts of excluding the rates of response of minor respondents). 1) Necessity of forest insurance The respondents expressed their opinions that forest insurance must be undertaken to assure forest financing (5.65%); for receiving the reimbursement of replanting costs in case of damages done (35.87%); and to protect silvicultural investments (46.74%). 2) Law of forest insurance Few respondents showed their views in favor of applying the general insurance regulations to forest insurance practice (9.35%), but the majority of respondents were in favor of passing a special forest insurance law in the light of forest characteristics (88.26%). 3) Sorts of institutes to undertake forest insurance A few respondents believed that insurance companies at large could take care of forest insurance (17.42%); forest owner's mutual associations would manage the forest insurance more effectively (23.53%); but the more than half of the respondents were in favor of establishing public or national forest insurance institutes (56.18%). 4) Kinds of risks to be undertaken in forest insurance It would be desirable that the risks to be undertaken in forest insurance be limited: To forest fire hazards only (23.38%); to forest fire hazards plus damages made by weather (14.32%); to forest fire hazards, weather damages, and insect damages (60.68%). 5) Objectives to be insured It was responded that the objectives to be included in forest insurance should be limited: (1) To artificial coniferous forest only (13.47%); (2) to both coniferous and broad-leaved artificial forests (23.74%); (3) but the more than half of the respondents showed their desire that all the forests regardless of species and the methods of establishment should be insured (61.64%). 6) Range of risks in age of trees to be included in forest insurance The opinions of the respondents showed that it might be enough to insure the trees less than ten years of age (15.23%); but it would be more desirous of taking up forest trees under twenty years of age (32.95%); nevertheless, a large number of respondents were in favor of underwriting all the forest trees less than fourty years of age (46.37%). 7) Term of a forest insurance contract Quite a few respondents favored a contract made on one year basis (31.74%), but the more than half of the respondents favored the contract made on five year bases (58.68%). 8) Limitation in a forest insurance contract The respondents indicated that it would be desirable in a forest insurance contract to exclude forests less than five hectars (20.78%), but more than half of the respondents expressed their opinions that forests above a minimum volume or number of trees per unit area should be included in a forest insurance contract regardless of the area of forest lands (63.77%). 9) Methods of contract Some responded that it would be good to let the forest owners choose their forests in making a forest insurance contract (32.13%); others inclined to think that it would be desirable to include all the forests that owners hold whenerver they decide to make a forest insurance contract (33.48%); the rest responded in favor of forcing the owners to buy insurance policy if they own the forests that were established with subsidy or own highly vauable growing stock (31.92%) 10) Rate of premium The responses were divided into three categories: (1) The rate of primium is to be decided according to the regional degree of risks(27.72%); (2) to be decided by taking consideration both regional degree of risks and insurable values(31.59%); (3) and to be decided according to the rate of risks for the entire country and the insurable values (39.55%). 11) Payment of Premium Although a few respondents wished to make a payment of premium at once for a short term forest insurance contract, and an annual payment for a long term contract (13.80%); the majority of the respondents wished to pay the premium annually regardless of the term of contract, by employing a high rate of premium on a short term contract, but a low rate on a long term contract (83.71%). 12) Institutes in charge of forest insurance business A few respondents showed their desire that forest insurance be taken care of at the government forest administrative offices (18.75%); others at insurance companies (35.76%); but the rest, the largest number of the respondents, favored forest associations in the county. They also wanted to pay a certain rate of premium to the forest associations that issue the insurance (44.22%). 13) Limitation on indemnity for damages done In limitation on indemnity for damages done, the respondents showed a quite different views. Some desired compesation to cover replanting costs when young stands suffered damages and to be paid at the rate of eighty percent to the losses received when matured timber stands suffered damages(29.70%); others desired to receive compensation of the actual total loss valued at present market prices (31.07%); but the rest responded in favor of compensation at the present value figured out by applying a certain rate of prolongation factors to the establishment costs(36.99%). 14) Raising of funds for forest insurance A few respondents hoped to raise the fund for forest insurance by setting aside certain amount of money from the indemnity paid (15.65%); others wished to raise the fund by levying new forest land taxes(33.79%); but the rest expressed their hope to raise the fund by reserving certain amount of money from the surplus money that was saved due to the non-risks (44.81%). 15) Causes of fires The main causes of forest fires 6gured out by the respondents experience turned out to be (1) an accidental fire, (2) cigarettes, (3) shifting cultivation. The reponses were coincided with the forest fire analysis made by the Office of Forestry. 16) Fire prevention The respondents suggested that the most important and practical three kinds of forest fire prevention measures would be (1) providing a fire-break, (2) keeping passers-by out during the drought seasons, (3) enlightenment through mass communication systems. 4. Suggestions The writer wishes to present some suggestions that seemed helpful in drawing up a forest insurance system by reviewing the findings in the questionaire analysis and the results of investigations on forest insurance undertaken in foreign countries. 1) A forest insurance system designed to compensate the loss figured out on the basis of replanting cost when young forest stands suffered damages, and to strengthen credit rating by relieving of risks of damages, must be put in practice as soon as possible with the enactment of a specifically drawn forest insurance law. And the committee of forest insurance should be organized to make a full study of forest insurance system. 2) Two kinds of forest insurance organizations furnishing forest insurance, publicly-owned insurance organizations and privately-owned, are desirable in order to handle forest risks properly. The privately-owned forest insurance organizations should take up forest fire insurance only, and the publicly-owned ought to write insurance for forest fires and insect damages. 3) The privately-owned organizations furnishing forest insurance are desired to take up all the forest stands older than twenty years; whereas, the publicly-owned should sell forest insurance on artificially planted stands younger than twenty years with emphasis on compensating replanting costs of forest stands when they suffer damages. 4) Small forest stands, less than one hectare holding volume or stocked at smaller than standard per unit area are not to be included in a forest insurance writing, and the minimum term of insuring should not be longer than one year in the privately-owned forest insurance organizations although insuring period could be extended more than one year; whereas, consecutive five year term of insurance periods should be set as a mimimum period of insuring forest in the publicly-owned forest insurance organizations. 5) The forest owners should be free in selecting their forests in insuring; whereas, forest owners of the stands that were established with subsidy should be required to insure their forests at publicly-owned forest insurance organizations. 6) Annual insurance premiums for both publicly-owned and privately-owned forest insurance organizations ought to be figured out in proportion to the amount of insurance in accordance with the degree of risks which are grouped into three categories on the basis of the rate of risks throughout the country. 7) Annual premium should be paid at the beginning of forest insurance contract, but reduction must be made if the insuring periods extend longer than a minimum period of forest insurance set by the law. 8) The compensation for damages, the reimbursement, should be figured out on the basis of the ratio between the amount of insurance and insurable value. In the publicly-owned forest insurance system, the standard amount of insurance should be set on the basis of establishment costs in order to prevent over-compensation. 9) Forest insurance business is to be taken care of at the window of insurance com pnies when forest owners buy the privately-owned forest insurance, but the business of writing the publicly-owned forest insurance should be done through the forest cooperatives and certain portions of the premium be reimbursed to the forest cooperatives. 10) Forest insurance funds ought to be reserved by levying a property tax on forest lands. 11) In order to prevent forest damages, the forest owners should be required to report forest hazards immediately to the forest insurance organizations and the latter should bear the responsibility of taking preventive measures.

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