• Landscaping Tree
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• s.126
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• pp.61-64
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• 2012

우리나라는 오래전부터 국제화 시대에 돌입하여 치열한 무역전쟁을 벌이고 있다. 특히 2007년 미국과 무역장벽을 완화하거나 철폐하는 FTA(Free Trade Agreement; 자유무역협정)를 체결하였으며, 앞으로 미국뿐만 아니라 EU, 중국과의 FTA가 체결되면 더 많은 품종종류와 물량이 자유로이 수출 입 될 것이기에 이에 대비하여야 할 것이다. FTA는 관세를 제로로 만들겠다는 것이기에 통상적으로 제한점이 없어져서 수출입 물량이 더욱 늘어나게 될 것이다. 과거 1992년 중국수교 이후 무역 물량이 증가하고, WTO 이후에도 물량이 급증하였다. 또한, 우리나라는 2002년 UPOV(The International Union for the Protection of New Varieties of Plants; 국제 식물 신품종 보호 동맹)에 51번째 회원국으로 가입하면서 본격적인 식물신품종보호제도가 시작되었다. UPOV는 품종보호를 위한 정부 간 기구로서 새로운 식물 품종에 대한 품종보호권리의 부여는 그 소유자에게 그 보호품종의 생산 판매에 대하여 배타적인 권리를 주는 것이다. 조경수 품종의 경우 품종보호권리는 보호품종의 과실, 꽃, 수형 및 기타 부산물과 관상적 가치 등 제반 형질을 상업적 목적으로 번식하는 권리에 대하여 배타적 독점권을 주는 것을 의미한다. 우리나라는 2008년에 조경수로 벚나무, 단풍나무, 느티나무 3종을 품종보호 대상수종으로 지정될 계획이며 2009년부터는 모든 수종으로 확대되었다. 우리나라의 국제적인 지위가 향상되면서 국제간에 무역 및 식물자원이 치열하게 각축하는 시대에 본격적으로 돌입하였다. 이에 따라 조경수 분야에서도 이에 대한 치밀한 대비책이 필요하게 되었다. 본고에서는 첨예화하는 국제화 시대를 대비하여 우리나라의 조경수 수 출입 현황을 파악하고 앞으로의 조경수 생산 및 연구 방향에 대하여 미력하나마 살펴보고자 한다.

• 한국벤처창업학회:학술대회논문집
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• 2021.11a
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• pp.27-32
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• 2021

정부는 더불어 잘사는 경제, 성장의 과실이 국민 모두에게 골고루 돌아가는 경제를 국정과제로 제시하면서 역동적인 벤처창업 생태계를 만들기 위해 창의적인 벤처기업과 혁신적 창업자 육성을 중점 추진하고 있다. 정부의 다양한 노력에 힘입어 벤처투자금액 및 기술창업기업이 지속적으로 증가하는 등 벤처창업 생태계가 지속적으로 개선되고 있으나 COVID-19 이후 성장률이 급격히 낮아지고 청년층의 실업률이 급등하는 등 우리 경제는 저성장 국면이 장기화되고 있는 상황이다. 경제의 성장 활력을 증진시켜 부가 가치를 높이기 위해서 벤처창업기업의 혁신과 성장을 통한 일자리 창출이 당면과제로 부각되고 있고 특히 4차 산업혁명 환경에서 글로벌 경쟁력을 갖춘 혁신형기업의 중요성이 더욱 높아지고 있는 상황에서 우리 경제의 당면 과제인 성장잠재력 회복과 일자리 창출을 위해서는 기술 기반 중심의 벤처창업의 활성화가 가장 효과적인 방안으로 제시되고 있다. 본 연구에서는 벤처창업기업의 혁신과 성장을 위한 정부의 다양한 육성시책을 고찰하고 기술 기반 벤처창업기업의 생존과 성장, 및 일자리에 미치는 특성을 분석하였다. 또한 본 연구 결과를 바탕으로 벤처투자금액이 지속적으로 증가하고 있는 상황에서도 민간 금융기관 입장에서 벤처창업기업이 여전히 고(高)위험-저(低)수익 대상으로 여기고 있는 벤처투자시장의 구조적 문제점을 해결하기 위한 정책 대안을 제시하였다.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.173-205
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• 2008

Space debris have frequently caused damage to space objects like satellites in orbits and sometimes have fallen on the earth. Such increase in space debris will lead to the high possibility of threatening space activities of mankind. However, it is not so easy for the damage caused both by identified and by unidentified space debris to be recovered since in the regime of the current international law, there is no legislation of prescribing the damage done by space debris. For overcoming the limitation it seems desirable that either the Liability Convention should partly be amended or new international law regime should be established. For instance, 'space debris' should be included in the new definition of 'space object' and the range of launching should also be defined clearly by making the concept of 'launching' somewhat more specified. Moreover, the subject of international liability for damage caused by space debris should be divided into two classes: the subject before and after registration. While in case of before-registration launch states should be held liable for any damage jointly or individually, in case of after-registration 'the state of registry' or 'owner' of the space debris should be. In the event of damage being caused elsewhere than on the surface of the earth to a space object of other State, 'fault-based liability' is currently applied. But it needs to be changed into 'absolutely liability'. In this paper, 'Liability Pool', 'Insurance', 'Market-Share Liability' are presented as aid devices of the damages resulting from unidentified space debris. They should be defined through the amendment of the Liability Convention or another international treaty. Some day there comes a time when our country shall possess many of the astronomical price of satellites. It means that we can't be free from the damage by the increasing number of space debris. Provided that our satellites are damaged by such space debris, it will do the satellites damage and cause impaired functioning or troubles in operation. As a result, if we are not paid for the damage by space debris, we will be confronted with tremendous economic loss because it is necessarily connected with the excess burden of taxation. Thus, an international agreement regarding the measures of the compensation for space debris damage must be made very soon.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.207-254
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• 2018

The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

• Journal of Food Hygiene and Safety
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• v.35 no.4
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• pp.341-353
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• 2020

In accordance with the implementation of the Positive List System (PLS), the proper usage of pesticides is now being enforced. It is assumed that unregistered pesticides are being used on agroforestry products due to the low number of registered pesticides in the agricultural industry. In this study, pesticide and heavy metal residues were investigated in 13 types of products to determine the status of usage. The levels (%) of pesticides detected in Pimpinella beachscape, Platycodon grandiflorum, Codonopsis lancekolate, Artemisia dubia, Angelica gigas, Pyrus pyrifolia, and Punica granatum were 40.0, 20.0, 26.7, 13.3, 56.3, 57.1, 33.3, 26.7, 66.7, and 46.7%, respectively, while, those in Petridium aquilinum, Disoscorea batata and Senna tora were zero. Heavy metals (Pb, Cd) were detected only from P. grandisflorum and A. dubia. The pesticide usage and registration data by agroforestry product obtained in the study will be useful in the future for ensuring the safety of domestic agroforestry products.

• Journal of Soil and Groundwater Environment
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• v.10 no.6
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• pp.1-9
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• 2005

Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

• Journal of Advanced Navigation Technology
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• v.14 no.4
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• pp.467-478
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• 2010

Beim Luftfahrtunfall kann nach den Interessen der Betroffenen oder nach der Stellungsnahme von den f$\ddot{u}$r die Unfall-Untersuchung zust$\ddot{a}$ndigen Personen der Wahrheitsgehalt get$\ddot{a}$uscht werden. Um diese Sachverst$\ddot{a}$ndnis zu verhindern, ist bei der Untersuchung des Luftfahrtunfall ist de lege lata gefordert, die technische Untersuchung und die rechtliche Untersuchung sich zu trennen. Jedoch ist es umstritten, wie es wirksamvoll ist. Also neben der Garantie auf die Sicherheit als Prevention des etwaigen Unfall in Futur muss die strafpolitische Seite beachtet werden. Damit ist es erforderlich, dass das bestimmte Mittel bereitstellt und damit den Betroffenen ihre Verantwortung erlassen k$\ddot{o}$nnen, wenn sie beim Unfall-untersuchung dienen. Und die Folge der technischen Untersuchung $\ddot{u}$ber den Unfall soll eine kurze Weile insofern nicht ver$\ddot{o}$ffentlichen, als ein gesetztiichcr Urteil noch nicht festgestellt wird. Jedoch wird diese Nicht-ver$\ddot{o}$ffentlichkeit Vorwurf wegen der langfristigen Verhinderung auf die Informationen gemacht, in den man die Elemente von der Gefahr ergreifen kann. Deswegen wird Vorwurf gemacht, da${\beta}$ diese Verhinderung auf die Infonnationen wider das Wesen von dem Gesetz zur Luftfahrtunfallgesetz ist.

• Journal of the Korean Society of Food Science and Nutrition
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• v.44 no.10
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• pp.1567-1582
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• 2015

The purpose of this study was to examine the status of environmentally-friendly ingredients and dietitians' perceptions toward them in order to find for improvement. Data was collected from questionnaires completed by 202 school dietitians and nutrition teachers in Chungbuk, and this data was analyzed utilizing the SPSS 20.0 program. The results obtained from this study were as follows: 'mixed grains (58.9%)' and 'eggs (36.6%)' were found to be the most used environmentally-friendly ingredients. 81.7% of the respondents said they 'never used' marine products, whereas 'fruits (43.6%)', 'pork (40.8%)', and 'fish (54.5%)' were the most preferred ingredients. Dietitians and nutrition teachers used environmentally-friendly marine products less than other ingredients, had a poor understanding about environmentally-friendly marine products, and demonstrated low reliability and belief in the necessity of the system. In order to verify the environmentally-friendly status of the ingredients, marks on the product and documents of certification were mostly used. In order to improve the supply system, a more strict tracking system in the distribution process by securing more reliable suppliers is required.