• Journal of the Korean Society of Marine Environment & Safety
• /
• v.20 no.6
• /
• pp.721-729
• /
• 2014

The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

• Korean journal of applied entomology
• /
• v.43 no.3 s.136
• /
• pp.189-194
• /
• 2004

This study investigated the species of leafrollers in apple orchards and nursery farms in Gyeongsangbuk-do for three years from 1998 to 2000, and also examined the occurrence and damage of leafrollers in commercial apple orchards in 5-6 cities and districts for 10 years from 1992 to 2001. Total seven species of tortricidae were found in the apple orchards, which were Adoxophyes orana, Archips breviplicanus, Rhopobota unipunctana, Choristoneura longicellana, Acleris fimbriana, Ptycholoma lecheana circumclusna and Archips subrufanus. Among them, A. orana was dominant species every year, and A. breviplicanus and R. unipunctana occurred with a high density in one or two farms in some years. The dominant species in the 1980s were A. breviplicanus and R. unipunctana, but it was considered that dominant species have been changed in the late 1990s. According to the result of leafroller damage in commercial apple orchards for 10 years, the mean fruit damage rate was $0.67\%$. Fruit damage was observed frequently between August and October by third-generation larvae.

• Korean journal of applied entomology
• /
• v.55 no.4
• /
• pp.483-487
• /
• 2016

The damage of citrus fruits caused by Scirtothrips dorsalis Hood has being increased in Jeju, Korea. The seasonal abundance of S. dorsalis and its injury symptoms in citrus orchards have been studied since the endemic outbreak in Jeju, but studies for the occurrence pattern of S. dorsalis in citrus orchards influenced by adjacent primary hosts have not been fully conducted yet. We selected kiwi- and mango-citrus adjacent orchards to study the migration pattern of S. dorsalis toward to citrus orchards. Yellow-colored sticky traps were used for monitoring the seasonal abundance of S. dorsalis and their migration pattern in two orchards. In citrus orchards, also, we placed sticky traps at 0, 5, 10, 15 and 20 m apart from the border of kiwi orchard, and 0, 7 and 20 m apart from the border of mango orchard. The seasonal occurrence pattern of S. dorsalis caught on sticky traps were similar between two adjacent orchards. However, the abundances in kiwi or mango orchard was much higher than those of citrus. Also, it was found that densities, distribution and damage of S. dorsalis in citrus orchards depend highly on the distance from the border of kiwi and mango orchards. This result suggested that the primary hosts such as kiwi and mango plants influence the occurrence of S. dorsalis in adjacent citrus orchards. And this information may provide a basic direction for establishing the management strategy of S. dorsalis in citrus orchards.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.107-152
• /
• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.153-185
• /
• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• Horticultural Science & Technology
• /
• v.31 no.1
• /
• pp.56-64
• /
• 2013

Recent unusual weather due to global warming causes shortage of daily sunlight and constitutes one of the primary reasons for agricultural damages. LED light sources are frequently utilized to compensate for the shortage of sunlight in greenhouse agriculture. The present study is aimed at evaluating formations of phytochemicals as well as growth characteristics of mature strawberry fruits ('Daewang' cultivar) during cultivation in a closed growth chamber equipped with artificial LED light as a sole light source. Each LED light of blue (448 nm), red (634 and 661 nm) or mixed blue plus red (blue:red = 3:7) was separately supplied and the intensity of each light was adjusted to $200{\pm}1{\mu}mol{\cdot}m^{-2}{\cdot}s^{-1}$ at plant level with a photoperiod consisted of 16 hours light and 8 hours darkness. Strawberries grown under mixed LED light of blue and red wavelengths showed a higher production of fruits than those grown under other LED treatments. Fructose, one of the free sugars, increased in mixed LED light-grown fruits. Anthocyanin contents were elevated remarkably in the mixed LED light-grown fruits compared with those in other LED treatments. Contrastingly, contents of total phenolics and flavonoids were not of much different from one another among the fruits treated with various LED lights. On the other hand, ripening of strawberry fruits was found to be faster when grown under blue LED light compared with other LED treatments. Moreover, antioxidant activities of blue or red LED light-grown fruits, respectively, were significantly higher than those of mixed LED light-grown fruits. We suggest that when daylight is in shortage during cultivation in a greenhouse, supplementation of sunlight with LED light, which is composed of blue and red wavelengths, could be useful for the enhancement of productivity as well as of free sugar content in strawberry fruits. In addition, for the strawberry culture in the plant factory, selective adoption of LED light wavelength would be required to accomplish the purpose of controlling fruit maturation time as well as of enhancing contents of sugars and antioxidants of fruits.

• Korean Journal of Environmental Agriculture
• /
• v.36 no.3
• /
• pp.169-174
• /
• 2017

BACKGROUND:Kiwifruit growers build their vineyards using many windbreaks to protect their kiwifruit vines from defoliation injury by strong winds such as typhoon. In this study, we have compared fruit quality, budbreak rate and floral bud as affected by windbreaks. And also we surveyed several microclimate indices of kiwifruit orchard depending on the covering materials of arch-type windbreaks. METHODS AND RESULTS: Five different windbreak materials including polyethylene film (PE), blue- and white-colored nets were tested in pipe-framed archtype kiwifruit vineyards as the covering materials. Photosynthetically active radiation (PAR), annual mean temperature (AMT) and chill unit (CU) as well as fruit quality were compared among the covering materials. In all treatments, annual PAR was more than $400{\mu}mol\;m^{-2}s^{-1}$, in which kiwifruit leaf could reach its maximum photosynthesis, since the leaves were emerged. Annual mean temperature was greater in 0.1 mm-PE covering as much as $1-2^{\circ}C$ than other windbreaks. In CU calculated by three different models, all windbreaks showed more than 1400 CU that is fully fulfilled CU for kiwifruit rest completion. There were no difference in budbreak rate among the covering materials. Fruit weight was heavier in 0.1 mm-PE and white-net (4 mm) than other windbreaks. CONCLUSION: Regardless of the windbreak materials, the PAR quantity was enough for kiwifruit photosynthesis. And CU for kiwifruit rest completion was fully achieved in all treatments. However, with respect to fruit weight, quantity of PAR, and AMT, etc., It is highly recommended for kiwifruit growers to choose 0.1 mm-PE and white-net (4 mm) as for their windbreaks materials.

• The Korean Society of Law and Medicine
• /
• v.19 no.2
• /
• pp.139-171
• /
• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Korean journal of applied entomology
• /
• v.51 no.1
• /
• pp.1-7
• /
• 2012

Silver-grey or dark brown scaring, or dark brown discolored damages caused by the yellow tea thrip, $Scirtothrips$ $dorsalis$ Hood (Thysanoptera: Thripidae) have occurred on citrus fruits cultivated in the open field in east-south area orchards of Jeju Island since 2007. The weekly population of yellow tea thrips adults caught with a yellow sticky trap increased gradually from early May and peaked in late August, 2009. In 2010 and 2011, the most population was in early October. The yellow tea thrips of some species usually dominated from July in open citrus fields, and seven generations, at least, had occurred from May to late October 2009 by a yellow sticky trap survey. In 2009, $S.$ $dorsalis$ larva were observed from July and with peaks from late August to mid September and early October on citrus fruits. The damage symptoms appeared in the mid September. In 2011, the population peaks were in early July and late September, and the symptoms increased continually from mid July to late October. The symptoms were silver-scars or initial dark discolorations and then gradually changed to dark-brown discolorations or dark-brown scars. The percent of damaged fruits were 0.9%, 0.4%, 0.8% and 2.7% in 2008, 2009, 2010 and 2011, respectively, by survey in 64 typical orchards in Jeju Island. We are the first to report symptoms of the yellow tea thrip ($Scirtothrips$ $dotsalis$) on citrus fruits.

• Korean journal of applied entomology
• /
• v.47 no.4
• /
• pp.395-400
• /
• 2008

Economic injury levels (EILs) and economic threshold (ET) were estimated for the two spider mite, Tetranychus urticae Koch (Acari, Tetranychidae) on greenhouse eggplants. T. urticae density increased until the mid-July and thereafter decreased in all plots where initial density of the mite were different each 0, 2, 5, 10 and 20 adults per plant was innoculated on June 7. Growth variables of were not different among experimental plots but fruit weights were lower in plots with higher initial mite density than in plots with lower initial mite density. Total number of fruits and the number of marketable fruits decreased in plots with higher initial mite density. The rates of yield loss increased with increasing initial mite density, resulting in 0, 3.9, 11.3, 14.5, 22.8% reduction in each of the above plots, respectively. The relationship between initial T. urticae densities and yield losses was well described by a linear regression, Y = 1.085X + 2.474, $R^2$ = 0.9659. Based on the relationship, the number of adults per plant which can cause 5% loss of yield was estimated to be approximately 1.8.