• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• Korean Journal of Environment and Ecology
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• v.30 no.3
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• pp.291-307
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• 2016

Evaluation of the extinction risk of endangered plants at international, national as well as at regional levels is essential to the implementation of plans for direct conservation activities. Reports indicate that 34 endangered plants are distributed in the middle eastern area of Korea. For each endangered plant, we investigated the sites, area of extents, population size, and factors that affect population extinction. We assessed risk factors based on 10 evaluation criteria including the results from the investigation and the life traits each endangered plant has. As a result of evaluating the risk factors, these 34 endangered plants are classified into 3 groups: the first category comprises 12 endangered plants that require active and urgent conservation of habitats due to multiple risk factors; the second group has 16 endangered plants that should be able to persist with the removal of a few direct risk factors; the third category has 6 endangered plants that can persist with minimal management due to comparatively large distributed area and numerous individuals. It was found that most major risk factors in the population of endangered plants are caused by disruption of habitats and population extinction due to the increase of human habitation in the concerned areas, development and illegal harvesting. Futhermore, ecological collapse from decreasing habitats and malfunctioning mechanism of extinction and regeneration due to the changes of vegetational environment can be the other causes. From the area of the present investigations, we selected 5 regions according to the number of species and the frequency of appearance and importance of conservation measures. Also, we suggested a conservation strategy according to the regional characteristics. We suggest that the method for evaluating extinction risk of endangered plants includes distributional data and life traits of species. In addition, we underscore the necessity for understanding population dynamics and ecological niche of the each target species.

• Journal of agricultural medicine and community health
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• v.33 no.1
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• pp.27-36
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• 2008

=Objectives: This study was conducted to evaluate the diferences in Farmer's syndrome between greenhouse-melon farmers and rice farmers. Methods: The study included 160 residents, who lived in rural community. Of those subjects, 73 and 87 from June 1 to July 30, 2006. Respondents were interviewed by means of a structured questionnaire. Results: This study showed that greenhouse-melon farmers had a lower average age, shorter experience of farming, more working hours per day than rice farmers (p<0.05). n farmers was 38.4% respectively, the prevalence in rice farmers was 22.6%. There was statistically significant diference in the prevalence of Farmer's syndrome between greenhouse-melon and rice farmers (p<0.05). The most frequent symptoms among eight symptoms that constitute the Farmer's syndrome were lumbago, shoulder pain and nocturnal urination regardless of type of farming. But greenhouse-melon farmers had higher prevalence of muskuloskeletal symptoms, such as lumbago and shoulder pain, than rice farmers (p<0.05).Conclusions: These results showed that prevalence of Farmer's syndrome was more common in the tools which reduce physical burden and take a rest and exercise periodically during work in the greenhouse-melon farmers.

• The Journal of Engineering Geology
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• v.8 no.3
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• pp.247-259
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• 1998

Groundwater quality of the natural mineral water was investigated in hydrochemical aspects in order to ensure that mineral water meets stringent health standards. There exist 20 mineral water plants in the Daebo granite and 4 mineral water plants in the Bulguksa granite, respectively. Both granite areas show some differences in water chemistry. The pH, EC, hardness, total ionic contents in groundwater of the Daebo granite area are higher relative to those of the Bulguksa granite area. The content of major cations is in the order of Ca>Na>Mg>K, while that of major anions shows the order of $HCO_3>SO_4$>Cl>F. The fact that the $Ca-Na-HCO_3$ type is most predominant among water types may reflect that the dissolution of plagioclase that is most abundant in granitic rocks plays a most important role in groundwater chemistry. Representative correlation coefficients between chemical species are variable depending on geology. In the Daebo granite area, $Ca-HCO_3(0.84),{\;}Mg-HCO_3(0.81),{\;}SiO_2-Cl(0.74),{\;}Na-HCO_3(0.70)$ show relatively good correlationships. In the Bulguksa granite area, fairly good correlationships are found among some components such as K-Mg(0.93), $K-HCO_3(0.92)$, Mg-Cl(0.92), $Cl-HCO_3(0.91)$, and K-F(0.90). According to saturation index, most chemical species are undersaturated with respect to major minerals, except for some silica phases. Groundwater is slightly undersaturated with respect to calcite, whereas it is still greatly undersaturated with respect to dolomite, gypsum and fluorite. Based on the phase equilibrium it is clear that groundwater is mostly in equilibrium with kaolinite and becomes undersaturated with respect to feldspars, evolved from the stability area of gibbsite during water-rock interaction. While the activity of silica increases, there is no remarkable increase in the acivities of alkali ions and pH, which indicates that some amounts of silicic acid dissolved from silica phases as well as feldspars were provided to groundwater. It is concluded that chemical evolution of groundwater in granite aquifers may continue to proceed with increasing pH.

• Clean Technology
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• v.17 no.4
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• pp.379-388
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• 2011

The purpose of this study was to investigate the concentration levels, distribution characteristics and blood concentration of Polycyclic Aromatic Hydrocarbons (PAHs) at ambient air in Industrial Complex Area. The samples were collected at 4 sites in Industrial Complex Area and its vicinities. The result indicated that there was the difference of PAHs concentration as followed local characteristics. The level of average concentration of PAHs in the air in Industrial Complex Area was $14.52{\sim}193.48ng/m^3$. The level of average concentration of six materials with possibility of cancer creation was $1.65{\sim}13.44ng/m^3$. The concentrations of PAHs were generally low, but Jechul-dong is considered an area where consistent monitoring of PAHs is required. In addition, benzo(a)pyrene was detected in every atmospheric sample, however the concentration was not high. The level of concentration of benzo(a)pyrene in the air in the Jechul-dong was $2.89ng/m^3$. But, the concentration of the PAHs in Jechul-dong showed that the Benzo(a)pyrene concentration is above $1ng/m^3$ of air quality standard(EU). The results of the concentration level of PAHs in the blood from 240 persons who were exposed directly were surveyed, it was $1.12{\sim}11.45ng/m^3$ for man and $1.20{\sim}26.89ng/m^3$ for woman. It was indicated that the difference between the genders was very little. The accumulation inside human was anticipated as the PAHs concentration in the blood for the aged was very high. Industrial Complex Area and its vicinities are an area which has been greatly influenced by PAHs and environmental contaminants. It is necessary to control the emission sources of PAHs and to construct an observation system at Industrial Complex Area from now on. It is time to reduce the risk factors for health and environmental disease to protect the health of resident in Industrial Complex Area and its vicinities.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.6
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• pp.4335-4347
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• 2015

The objective of this study was to investigate $PM_{10}$ and $CO_2$ concentrations in the classrooms of 286 elementary schools in Suwon, Ansan, and Hwaseong in the province of Gyeonggi between August 2008 and December 2012. By gaining an understanding of the environmental factors that influence these concentrations, this study also aimed to establish a management plan for indoor air quality in schools, which substantially affects the health of elementary students. When the schools were classified by region, no statistically significant difference in $PM_{10}$ concentration was observed. However, $PM_{10}$ concentration was relatively high in industrial areas and low in rural areas. No difference in $CO_2$ concentration was observed among the surveyed cities. Analysis of annual $PM_{10}$ concentration showed that the highest values for Suwon and Hwaseong occurred in 2008 and 2009, respectively (p<0.01). In the case of Ansan, the highest concentration occurred during 2009, but the difference was not significant compared to the other years. Analysis of the annual $CO_2$ concentration of each city shows no significant difference among the cities (p-value=0.366,0.730,0.210). According to a time series analysis of $PM_{10}$ and $CO_2$ by season, from autumn 2008 to winter 2012, $PM_{10}$ concentration was high during 2009, then it gradually decreased until 2012, and started to increase again. While no difference in annual $CO_2$ concentration was observed, the concentration had a tendency to be higher in spring and winter than in summer. By analyzing the relationship between $PM_{10}$ and $CO_2$ and the environmental factors (years of construction, average students of classroom, temperature, and humidity), it showed a significant negative correlation was found between $CO_2$ and the environmental temperature and humidity, at -0.329 and -0.188, respectively (p<0.01).

• Journal of Distribution Science
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• v.9 no.2
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• pp.49-59
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• 2011

A franchise can be said to be the main method of distribution and marketing. It appears to be the future of the retail industry and is one of the world's fastest growing businesses sectors, as many policy reports and research results have acknowledged. Korea's franchise industry began in the 1970s, spread out into many areas (including food services, retail, and the service industry), and has grown by over 10% each year ever since. The industry's influence on the national economy becomes ever greater. Although the size of the franchise industry is expected to grow as it spreads and as the government expands its support, it has not yet attracted much academic interest. Research has so far been very fragmented. The main interest has been the relationship and conflicts between the head offices and the affiliates. No study has yet occurred on whether the concepts of satisfaction and intent to conclude a contract directly affect the success or failure of the affiliates. Few studies have empirically inquired into the demographic characteristics and abilities of the affiliates that significantly affect their results. Domestic franchise industries must prepare to leap from quantitative to qualitative growth. Most important is the need for affiliate headquarters and affiliates to build confidence between them. A friendly and reliable relationship between affiliate headquarters and affiliates will eliminate distrust from the franchise and maintain a healthy franchise system. This study suggests that current and prospective heads of affiliation should concentrate not on attracting affiliates but on investment and techniques of affiliate support. They should work on the reinforcement of brand power, the appropriate affiliate business environment, systematic education/training, taking burdens off the affiliate business persons, consolidating the relationship with the affiliate business persons, marketing mix factors (e.g. products, price conditions, logistics and shipping services, promotion, supervising and supervisor, operation procedures/processes, and material evidence); these all greatly affect the success or failure of the affiliate business. Supporting the affiliates is an important factor that enhances their results and satisfaction and consequently increases the positive recommendations to others and the ratio of recurrent conclusions of contracts, which ultimately generate the growth of the franchises. In addition, it is suggested that prospective franchise founders should make every effort to choose a good head office since the characteristics of the head office greatly influence the success of the affiliates. This study is significant in that it grasps the characteristics of the head office of affiliation and of the affiliates that influence affiliate results in ways not yet academically attempted.

• Journal of Environmental Policy
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• v.4 no.1
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• pp.93-111
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• 2005

Defining soil quality in scopes and applications is one of the prerequisite for the sustainable management of soil environment to orient researches, strategies and policies. However, definition of soil quality is controversial depending upon a viewpoint of soil science or soil environment. Soil quality can be, irrespective of the disciplines, defined as the capacity of a soil to function within ecosystem boundaries to sustain biological productivity, maintain environmental quality and promote plant and animal health. Common to all of the soil quality concepts can be summarized as the capacity of soil to function effectively at present and in the future. The OECD includes soil quality as one of the agri-environment indicators. This article intends to i) summarize the current soil quality research, and ii) provide information on protocol of soil quality assessment. A framework for soil quality was divided into three steps: indicator selection as minimum data set (MDS), scoring of the selected indicators, and integration of scores into soil quality index. Korean government suggested possible physical and chemical indicators such as bulk density and organic matter for paddy and upland soils to OECD. The framework of soil quality assessment is not yet implemented in Korea. Countries such as USA, Canada and New Zealand have constructed the framework on soil quality assessment and developed a user-friendly version of soil quality assessment tools to evaluate the integrated effects of various soil management practices. The protocol provided in this review might help policymakers, scientists, and administrators improve awareness about soil quality and understand the way of soil environment management.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.111-138
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• 2021

'Unlicensed medical practice by a non-medical practitioner' often represented by surrogate surgery or so-called 'ghost surgery,' causes irreparable damage to life or body, and therefore calls for very strict and effective controls. The 'bill on installment of CCTVs in an operating room' to prevent unlicensed surrogate surgery has been discussed for a long time, but due to numerous issues and heated confrontations, it has been pending in the National Assembly. Nevertheless, it is expected that the bill will be discussed again in earnest in the National Assembly because surrogate surgery and factory-type cosmetic surgery, which has been performed mainly in the field of cosmetic surgery, has also been occurring in the field of therapeutic surgery. In general, an operating room is considered as being locked or closed, as well as disallowing implicit complicity among insiders. Hence, if the insiders conspire to commit or cover up an illegal act, or if a surgeon performs rapid cosmetic surgery and then leaves the recipient (or medical institution) so as to perform more operations for profit - even if it is legitimate practice - it may result in serious consequences in terms of the recovery of a patient. In this case, installation of CCTVs can be of great help in identifying an illegal act and assessing any occurrence of negligence. On the other hand, while the fundamental purpose of therapeutic surgery is to restore a patient's life or body - that is, lifesaving - installation of CCTVs may base the relationship between a surgeon and a patient on distrust and surveillance, so it may increase the number of requests for CCTV footage or lead to more disputes, as well as placing a burden on the surgeon when best results are not achieved for a patient. As a result, the surgeon may choose non-invasive treatment contrary to conscience instead of risky but necessary surgery, or he/she may have significant difficulty in determining the timing of surgery, which may limit the provision of effective surgical medical care. Then, in terms of the relationship between a surgeon and patient, and in the long run, there could be significant disadvantages for the public and patients if CCTV footage is allowed. In this paper, we review domestic and overseas cases and issues regarding installation of CCTVs in an operating room, and present various viewpoints and suggestions to promote legislation with minimized legal problems and side effects, thereby contributing to protection of the lives and health of the public, patients, and recipients of surgery.

• Korean Journal of Environment and Ecology
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• v.31 no.6
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• pp.508-519
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• 2017

There have been many studies on monitoring of biodiversity changes and preservation of Gwangneung Forest Biosphere Reserve (GFBR) in South Korea in recognition of the rare ecosystem that has been preserved for a long period. However, there are few studies on diversity and community characteristics of benthic macroinvertebrates as an indicator of stream health of GFBR. The purpose of this study was to assess the water quality of Bongseonsa Stream that penetrated through Gwangneung Forest and the nearby torrents by analyzing the benthic macroinvertebrates community during April to September 2016. The investigation collected a total of 114 species of benthic macroinvertebrates belonging to 56 families, 17 orders, 8 classes, and 5 phyla from the Bongseonsa Stream and Kwangneung Stream. Ephemeroptera and Trichoptera were the largest groups in species diversity with 30 species (32.3%) and 16 species (17.2%), respectively, and Tubificidae sp., Baetis fuscatus, Antocha KUa, and Cheumatopsyche brevilineata, which usually habit in contaminated streams, appeared frequently. Among the feeding function groups, the gatherers and hunters appeared relatively frequently, and the shredders and scrapers appeared frequently in the torrents. Among the habitat oriented groups, the clingers and burrower appeared more frequently and represented the microhabitats in the shallow areas. The result of the analysis of benthic macroinvertebrates community showed that the dominant index was $0.48{\pm}0.10$ in average while it was lowest with 0.33 in GS 8 of the Gwangneung Forest torrent and highest in BS 1 of Bongseonsa Stream. The diversity and richness indices were inversely proportional to the dominant index and were 2.53 and 4.22, respectively, in GS 8 where the dominant index was low. The result of the analysis of community stability showed that area I, which had high resistance and restoration, was high in Bongseonsa Stream while the area III, which had low resistance and restoration, was high in Gwangneung Forest, indicating that the water system in Gwangneung Forest had a wider distribution of specifies sensitive to agitation. The biological water quality assessment showed ESB of $50.88{\pm}17.69$, KSI of $1.11{\pm}0.57$, and BMI of $78.55{\pm}11.05$. GS 8 of Gwangneung Forest torrent was judged to be the highest priority protective water area with the best water environment and I class water quality with ESB of 63, KSI of 0.55, and BMI of 89.9. On the contrary, BS 1 of Bongseonsa Stream was judged to be the high priority improvement area that had the lowest water quality rating of III with ESB of 25, KSI of 2.13, and BMI of 62.7. Although the diversity of water beetle was higher in the water system of nearby Bongseonsa Stream than the water system inside the Gwangneung Forest, the annual community structure appeared to have distinct differences.