• Title/Summary/Keyword: 과학기술정책과 법

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A Study on the Tort of Public Servant and Liability in State Compensation (공무원의 불법행위와 국가배상책임의 고찰)

  • Yeon, Hwa-Jun
    • Journal of Digital Convergence
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    • v.14 no.6
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    • pp.51-60
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    • 2016
  • The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

Case Study on Physical Activity Guidance Experience to Maintain Balance in Adults with Cerebellar Ataxia (소뇌성 운동실조증 성인의 균형 유지를 위한 신체활동 지도 경험 사례 연구)

  • Jeonghyeon Kim
    • Journal of Industrial Convergence
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    • v.22 no.3
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    • pp.51-65
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    • 2024
  • This study aims to understand positive changes in balance and gait function and difficulties in the instructor's guidance process through repetitive basic motor skill-based physical activities targeting people with cerebellar ataxia. For this purpose, five adults with cerebellar ataxia were selected as research subjects, and their three instructors participated as research participants. To collect quantitative data, the average and standard deviation were examined through pre-and post-evaluation of the research participants' physical activity classes for 16 weeks. The mean and standard deviation of the collected data were calculated using the Shapiro-Wilk test in the SAS 9.1 statistical program (p<.05). As a qualitative data collection method, the cultural description method of developmental research(DSR) proposed by Spradley(1980) was adopted, and the collected data were analyzed inductively according to the analysis method of Mertens(1990). Through this, 31 concepts, 10 subcategories, and 4 categories were discovered. As a result, the difficulties experienced by the research participants included insufficient guidance environment, dissatisfaction of consumers, difficulty in guidance, and non-cooperation of colleagues. Based on these research results, it was found that institutional, legal, and policy support should be provided not only to public institutions but also to private physical activity institutions that can use vouchers in order to maintain the balance of adults with cerebellar ataxia as well as to guide their physical activities.

Environmental impact of hydroponic nutrient wastewater, used hydroponic growing media, and crop wastes from acyclic hydroponic farming system (비순환식 양액재배에서 발생하는 폐양액, 폐배지, 폐작물이 환경에 미치는 영향)

  • Park, Bounglog;Cho, Hongmok;Kim, Minsang
    • Journal of the Korea Organic Resources Recycling Association
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    • v.29 no.1
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    • pp.19-27
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    • 2021
  • Hydroponic farming is a method to grow a plant without soil. Plants can be grown on water or hydroponic growing media, and they are fed with mineral nutrient solutions, which are fertilizers dissolved into water. Hydroponic farming has the advantage of increasing plant productivity over conventional greenhouse farming. Previous studies of hydroponic nutrient wastewater from acyclic hydroponic farms pointed out that hydroponic nutrient wastewater contained residual nutrients, and they were drained to a nearby river bank which causes several environmental issues. Also, previous studies suggest that excessive use of the nutrient solution and disposal of used hydroponic growing media and crop wastes in hydroponic farms are major problems to hydroponic farming. This study was conducted to determine the impact of hydroponic nutrient wastewater, used hydroponic growing media, and crop wastes from acyclic hydroponic farms on the surrounding environment by analyzing water quality and soil analysis of the above three factors. Three soil cultivation farms and several hydroponic farms in the Gangwon C region were selected for this study. Samples of water and soils were collected from both inside and outside of each farm. Also, a sample of soil and leachate from crop waste piles stacked near the farm was collected for analysis. Hydroponic nutrient wastewater from acyclic hydroponic farm contained an average of 402 mg/L of total nitrogen (TN) concentration, and 77.4 mg/L of total phosphate (TP) concentration. The result of TP in hydroponic nutrient wastewater exceeds the living environmental standard of the river in enforcement decree of the framework act on environmental policy by 993.7 times. Also, it exceeds the standard of industrial wastewater discharge standards under the water environment conservation act by 6~19 times in TN, and 2~27 times in TP. Leachate from crop waste piles contained 11,828 times higher COD and 395~2662 times higher TP than the standard set by the living environmental standard of the river in enforcement decree of the framework act on environmental policy and exceeds 778 times higher TN and 5 times higher TP than the standard of industrial wastewater discharge standards under the water environment conservation act. For more precise studies of the impact of hydroponic nutrient wastewater, used hydroponic growing media, and crop wastes from acyclic hydroponic farms on the surrounding environment, additional information regarding a number of hydroponic farms, arable area(ha), hydroponic farming area, seasonal, weather, climate factor around the river, and the property of the area and farm is needed. Analysis of these factors and additional water and soil samples are needed for future studies.

A Study on Transition of Rice Culture Practices During Chosun Dynasty Through Old References IX. Intergrated Discussion on Rice (주요(主要) 고농서(古農書)를 통(通)한 조선시대(朝鮮時代)의 도작기술(稻作技術) 전개(展開) 과정(過程) 연구(硏究) - IX. 도작기술(稻作技術)에 대(對)한 종합고찰(綜合考察))

  • Guh, J.O.;Lee, S.K.;Lee, E.W.;Lee, H.S.
    • Korean Journal of Weed Science
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    • v.12 no.1
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    • pp.70-79
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    • 1992
  • From the beginning of the chosun dynasty, an agriculture-first policy was imposed by being written farming books, for instance, Nongsajiksul, matched with real conditions of local agriculture, which provided the grounds of new, intensive farming technologies. This farming book was the collection of good fanning technologies that were experienced in rural farm areas at that time. According to Nongsajiksul, rice culture systems were divided into "Musarmi"(Water-Seeded rice), /"Kunsarmi"(dry-seeded rice), /transplanted rice and mountainous rice (upland rice) culture. The characteristics of these rice cultures with high technologies were based of scientific weeding methods, improved fertilization, and cultivation works using cattle power and manpower tools systematically. Reclamation of coastal swampy and barren land was possible in virtue of fire cultivation farming(火耕) and a weeding tool called "Yoonmok"(輪木). Also, there was an improved hoe to do weeding works as well as thinning and heaping-up of soil at seeding stages of rice. Direct-seeded rice culture in flat paddy fields were expanded by constructing the irrigation reservoirs and ponds, and the valley paddy fields was reclaimed by constructing "Boh(洑)". These were possible due to weed control by irrigation waters, keeping soil fertility by inorganic fertilization during irrigation, and increased productivity of rice fields by supplying good physiological conditions for rice. Also, labor-saving culture of rice was feasible by transplanting but in national-wide, rice should not basically be transplanted because of the restriction of water use. Thus, direct-seeded rice in dry soils was established, in which rice was direct-seeded and grown in dry soils by seedling stages and was grown in flooded fields when rained, as in the book "Nongsajiksul". During the middle of the dynasty(AD 1495-1725), the excellent labor-saving farmings include check-rowing transplanting because of weeding efficiency and availability in rice("Hanjongrok"), and, nurserybed techniques (early transplanting of rice) were emphasized on the basis of rice transplanting ["Nongajibsung"]. The techniques for deep plowing with cattle powers and for putting more fertilizers were to improve the productivity of labor and land, The matters advanced in "Sanlimkyungje" more than in "Nongajibsung" were, development of "drybed of rice nursery stock", like "upland rice nursery" today, transplanting, establishment of "winter barly on drained paddy field, and improvement of labor and land-productivity in rice". This resulted in the community of large-scale farming by changing the pattern of small-farming into the production system of rice management. Woo-hayoung(1741-1812) in his book "Chonilrok" tried to reform from large-scale farmings into intensive farmings, of which as eminent view was to divide the land use into transplanting (paddy) and groove-seeding methods(dry field). Especially as insisted by Seo-yugo ("Sanlimkyungjeji"), the advantages of transplanting were curtailment of weeding labors, good growth of rice because of soil fertility of both nurserybed and paddy field, and newly active growth because rice plants were pulled out and replanted. Of course, there were reestimation of transplanting, limitation of two croppings a year, restriction of "paddy-upland alternation", and a ban for large-scale farming. At that period, Lee-jiyum had written on rice farming technologies in dry upland with consider of the land, water physiology of rice, and convenience for weeding, and it was a creative cropping system to secure the farm income most safely. As a integrated considerations, the followings must be introduced to practice the improved farming methods ; namely, improvement of farming tools, putting more fertilizers, introduction of cultural technologies more rational and efficient, management of labor power, improvement of cropping system to enhance use of irrigation water and land, introduction of new crops and new varieties.

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Proposal on the Creation of a New Space Organization for the Moon and Celestial Bodies' Exploitation (달과 천체 개발을 위한 새로운 우주기구의 창설에 관한 제안)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.161-198
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    • 2014
  • The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

World Logistics Evolution & Marketing Strategy for Korea's Enhanced Port Competition (세계물류발전과 한국의 항만경쟁력 강화를 위한 마케팅 전략)

  • Gim, Jin-Goo
    • Journal of Korea Port Economic Association
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    • v.24 no.4
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    • pp.363-384
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    • 2008
  • This study aims at improving Korea's competitiveness in port logistics through marketing strategy with integrating the conceptual approach into the empirical one and combining both the oldest military treatise and the newest evaluating model in social science that was applied by the HFP(hierarchical fuzzy process) model enhanced by the KJ method. The empirical results of this study show Busan in the middle among subject ports. At present, Korea plays a reciprocal role in the port market in East Asia, but in the medium- and long-term, Korea's ports will vie together with most major ports in the East Asian region. A descriptive investigation shows that Korea's developing tasks in port logistics must be considered in the context of the direction for developing port policies, the necessity of expanding port facilities in the capital region, securing the sufficient traffic volume through the establishment of the hinterland linking system and its positive utilization, and reforming the direction for developing the global logistics through increased port competitiveness. In the short- and medium-term, Korea must use the opportunity factor of 'Growth and open door policy of China' as a geoeconomic advantage and to utilize Korea's ports as a gate to Chinese foreign trade. With the rise of China's economy, China also plays a significant role in both port and airport markets. Hence, the linking system between the two must be established to meet the expanding traffic volume, especially in the capital area. Moreover, it is necessary for Korea to secure port logistics through the establishment of the hinterland linking system and its positive utilization. The great accomplishment of this paper is to present strategies to increase Korea's port competitiveness in the rapidly changing environments of world logistics with the focus on both the oldest military strategic treatise and the newest empirical method in social science. In order to reinforce this study, it needs further compensative research because the evaluation structure could be subdivided with more extensive and precise criteria.

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Study on the Insurance and Liability for Damage caused by Space Objects (우주사고와 손해배상)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.9-35
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    • 2004
  • A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The compensation which the launching State shall be liable to pay for damage under "the Convention on International Liability for Damage caused by Space Objects" shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organisation on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following: If the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute; If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible. The Insurance requirements are satisfied for a launch or return authorised by a launch permit if the holder of the permit or authorisation is insured against any liability that the holder might incur to pay compensation for any damage to third parties that the launch or return causes; and the Commonwealth is insured against any liability that Commonwealth might incur, under the Liability Convention or otherwise under international law, to pay compensation for such damage. The liability for Damage caused by Space Objects should be regulated in detail in Korea.

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A Changes in China's Landscape Scenic Sites System and Suggestions for Application of Major Policies to Scenic Sites of Korea (중국 풍경명승구 제도의 변천과 주요정책의 국내 명승 적용 제언)

  • Kim, Dong-Hyun;Lee, Jian-Feng;Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.2
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    • pp.11-18
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    • 2023
  • This study aims to distinguish what can be used in consideration of the national situation with Korea for Chinese Scenic and Historic Interest Areas, and the results are as follows; First, the Chinese Scenic and Historic Interest Areas expanded to the existing scenic cruise culture, travel, and tourism culture in the process of the influx of Western culture in the modern and contemporary era, and became popular as a travel destination. Accordingly, the Chinese government developed the tourism industry around the scenic sites, and thanks to the development of transportation and communication, the Scenic and Historic Interest Areas has become an important national heritage. This influenced the establishment of the system related to Scenic and Historic Interest Areas, and today, it is operated around the Scenic and Historic Interest Areas ordinance. Second, the designation of the Scenic and Historic Interest Areas is divided into the size of the site according to the area, and the process of selecting the Scenic and Historic Interest Areas classification, rating evaluation, and comprehensive value evaluation according to evaluation indicators and rating standards is carried out. Accordingly, according to the results of the classification, it is subdivided from the national level to the Scenic and Historic Interest Areas at the local level. Third, the central government is in charge of managing and supervising Scenic and Historic Interest Areas across the country, and the local government's construction department is in charge of supervising Scenic and Historic Interest Areas in the region. The management organization of Scenic and Historic Interest Areas established by local governments above the county level has a system that actually protects, utilizes, and manages Scenic and Historic Interest Areas. In addition, 14 detailed indicators are used to monitor Scenic and Historic Interest Areas. Based on these results, considering the application of the domestic scenic site policy, the method of developing the policy that has established the system from the perspective of the utilization of the people is worth considering. On the other hand, the evaluation of the designation and management system through the setting of various indicators has limitations in that it is difficult to secure objectivity in impressing or evaluating the landscape. Therefore, rather than blindly introducing quantified evaluation, it seems that guidance and promotion on how to expand consensus on scenic values and enjoy heritage should be prioritized.

Understanding the Legal Structure of German Human Gene Testing Act (GenDG) (독일 유전자검사법의 규율 구조 이해 - 의료 목적 유전자검사의 문제를 중심으로 -)

  • Kim, Na-Kyoung
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.85-124
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    • 2016
  • The Human gene testing act (GenDG) in Germany starts from the characteristic features of gene testing, i.e. dualisting structure consisted of anlaysis on the one side and the interpretation on the other side. The linguistic distincion of 'testing', 'anlaysis' and 'judgment' in the act is a fine example. Another important basis of the regulation is the ideological purpose of the law, that is information autonomy. The normative texts as such and the founding principle are the basis of the classification of testing types. Especially in the case of gene testing for medical purpose is classified into testing for diagnostic purpose and predictive purpose. However, those two types are not always clearly differentiated because the predictive value of testing is common in both types. In the legal regulation of gene testing it is therefore important to manage the uncertainty and subjectivity which are inherent in the gene-analysis and the judgment. In GenDG the system ensuring the quality of analysis is set up and GEKO(Commity for gene tisting) based on the section 23 of GenDG concretes the criterium of validity through guidelines. It is also very important in the case of gene testing for medical purpose to set up the system for ensurement of procedural rationality of the interpretation. The interpretation of the results of analysis has a wide spectrum because of the consistent development of technology on the one side and different understandings of different subjects who performs gene testings. Therefore the process should include the communication process for patients in oder that he or she could understand the meaning of gene testing and make plans of life. In GenDG the process of genetic counselling and GEKO concretes the regulation very precisely. The regulation as such in GenDG seems to be very suggestive to Korean legal polic concerning the gene testing.

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A Study on the increase of space debris from Chinese Anti-Satellite and breach of the Outer Space Treaty (자국위성(自國衛星)의 파괴(破壞)에 따른 우주잔해의 증가와 우주조약위반(宇宙條約違反) 여부에 관한 소고(小考) - 중국의 자국위성파괴와 관련하여 -)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.259-294
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    • 2013
  • After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

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