• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.201-224
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• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• Journal of Korean Society of Forest Science
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• v.105 no.3
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• pp.366-376
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• 2016

The "Forest Partnership" mechanism in Indonesia allows those with authority to manage forests, including Forest Management Units (KPH) and concession holders, to partner with local communities for forest management and profit sharing. The objective of this study is to identify the challenges that this new mechanism is facing and develop practical policy recommendations for its successful implementation. "Lombok Forest Partnership" is the first of its kind in Indonesia between Forest Management Unit (KPH) and a local community. The local community members participating in this partnership were surveyed for their expected outcomes, degree of their satisfaction about the process and profits sharing, as well as other factors affecting their participation. Respondents reported that they have obtained the information on Forest Partnership completely from KPH and NGO. Local peoples participated in Lombok Forest Partnership to improve their incomes, and recognized timber production as the most important income source with high possibility of success. However, timber production will require sizable initial capital investment for establishing nursery and other supporting activities, which cannot come from local communities lacking economic means. Thus, Forest Partnership would be difficult to succeed if KPH does not take the initiative to permit and promote local community to use special area and generate profits in their jurisdiction. KPH, in turn, can share the profits with local peoples. In this regard, KPH's leadership is the key factor in the success of Forest Partnership. However, KPH will need to cultivate their capacity to develop and implement income-generating business with local community. Although profit sharing ratio of timber and non-timber forest products among local community who participated in Lombok Forest Partnership was very high at 75%, and 90%, the level of satisfaction on profit sharing ratio was only average. The cooperative organized by the local community is also dealing with sensitive nature of allocating forest area internally among their members. Thus, keeping the principle of fairness, equity and transparency is the key for successful implementation of Forest Partnership mechanism. This first case of Forest Partnership can serve as a model for the future cases and provide the early lessons.

• Journal of Preventive Medicine and Public Health
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• v.49 no.2
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• pp.80-96
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• 2016

Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving causation is difficult in tobacco lawsuits because factors other than smoking are involved in the development of a disease, and also because of the lapse of time between smoking and the manifestation of the disease. The Supreme Court (Supreme Court Decision, 2011Da22092, April 10, 2014) has imposed some limitations on using epidemiological evidence to prove causation in tobacco lawsuits filed by smokers and their family members, but these limitations should be reconsidered. First, the Court stated that a disease can be categorized as specific or non-specific, and for each disease type, causation can be proven by different types of evidence. However, the concept of specific diseases is not compatible with multifactor theory, which is generally accepted in the field of public health. Second, when the epidemiological association between the disease and the risk factor is proven to be significant, imposing additional burdens of proof on the plaintiff may considerably limit the plaintiff's right to recovery, but the Court required the plaintiffs to provide additional information such as health condition and lifestyle. Third, the Supreme Court is not giving greater weight to the evidential value of epidemiological study results because the Court focuses on the fact that these studies were group-level, not individual-level. However, group-level studies could still offer valuable information about individual members of the group, e.g., probability of causation.

• Korean Journal of Food Science and Technology
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• v.31 no.3
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• pp.619-624
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• 1999

This work was to study the potential health food use of germinated colored rice after germinating and drying using microwave under vacuum. Colored rice was soaked in water at $15^{\circ}C$ for 2 days and then germinated at $25^{\circ}C$ for $3{\sim}4\;days$. The germinated colored rice was dried by different drying methods: microwave vacuum drying 1, microwave vacuum drying $2\;(drying{\rightarrow}crushing{\rightarrow}drying)$, hot air drying, vacuum drying and freeze drying. Each drier except freeze drier was set to maintain the sample temperature at $60^{\circ}C$. During microwave vacuum drying 1 or 2, the sample reached $60^{\circ}C$ much faster (within 5 min) and was dried much faster ($2{\sim}3\;hrs$ than the other drying methods. The initial drying rate of microwave vacuum drying was ten times faster than that of hot air drying. The microwave vacuum drying 2 retained the highest ${\alpha}-amylase$ activity, followed by microwave vacuum drying 1, freeze drying, vacuum drying, and hot air drying.

• Korean Journal of Food Science and Technology
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• v.31 no.3
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• pp.838-847
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• 1999

Based on the results that the extract of Korean mistletoe (KM-110) has immunological and anti-tumor activities and its main component is lectin called KML-U, this study was carried out to investigate the immunostimulatory and anti-tumor activities of FKM-110, fermented KM-110 with lactobacillus, as a basic study for the development of functional food with anti-tumor activity. The amount of lectin after fermentation determined by ELISA was varied with the fermentation time and kinds of lactobacillus. Cytotoxic effects of FKM-110 on the various tumor cells was significant and dependent on the concentration of KML-U and the kinds of lactobacillus. FKM-110 stimulated macrophage and resulted in the secretion of some cytokines such as IL-1 and $IFN-{\gamma}$, but this effect was not correlated with the concentration of lectin. FKM-110 fermented with Marshall Lactobacillus casei showed the most potent antitumor activity in experimental and spontaneous metastasis models. When yoghurt produced with KM-110, Marshall Lactobacillus casei and skim milk was administered orally to mouse, the metastasis of tumor cells was significantly inhibited.

• Journal of the East Asian Society of Dietary Life
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• v.24 no.3
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• pp.407-420
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• 2014

A survey was carried out regarding university students' recognition of high-caffeine energy drinks in an effort to identify and improve problems as well as provide basic data. Most of the subjects had previous experience of energy drink consumption. Studies showed that most students consumed energy drinks when studying. Regarding frequency of energy drink consumption, most students' responded "1~6 times a year"; female students showed lower frequency of energy drink consumption than male students. Both male and female students used convenience stores to purchase energy drinks. In most cases, students became aware of energy drinks through advertisements on TV, radio, newspapers, and magazines. The most important factor affecting their energy drink purchase and consumption status was taste. The most frequent adverse effect they experienced after drinking an energy drink was unusual heart-pounding, whereas the biggest problem caused by energy drink consumption was addiction. This study indicates that students should have a better understanding of the problems associated with excessive and prolonged high-caffeine intake. In addition, instructions for proper purchasing and consumption of high-caffeine energy drinks should be provided as well as education and campaigns concerning symptoms caused by high-caffeine energy drink consumption so that students may refrain from excessive consumption. Further, civil organizations and the government need to devise effective measures for proper regulation of high-caffeine energy drink consumption.

• Management & Information Systems Review
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• v.35 no.2
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• pp.67-81
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• 2016

The purpose of this study was to investigate lots of problems that the current tax appeal system has, which are becoming serious issues as tax appeal cases are recently increasing. Those problems include the unreasonable procedure and period of deliberation on tax appeal cases, permission of a same tax appeal by more than one governmental agencies and the compulsory transposition system of tax appeal cases. All of these problems should be rectified in order to ensure that the currently tax appeal system protect taxpayers' rights and interests effectively. According to the current tax appeal system, the period from the receipt of tax appeal cases to ruling on them is up to 90 days. This is unrealistic, so that period should be allowed to be extended if those cases about more complicated taxation or if they are even harder to be treated for any reason. At present, chief of Tax Tribunal has to unconditionally accept resolution from the meeting of tax judges and make a ruling accordingly because he has no right to reject that resolution. But now, it's time to establish legal grounds based on which the chief suggests the tax judges to reconsider their resolution if it is undoubtedly wrong. Currently, there's a relatively little acceptance of tax appeals from people who can't financially afford to designate a proxy for them. To solve this problem, lots of efforts to make socially recognized the necessity to relive those people's rights and interests and make widely known the Public Proxy of Tax Appeal System. The current tax appeal system allows the Board of Audit and Inspection to be an appealer. This means taxation may be deliberated on by more than one governmental agencies. It is so inefficient. Therefore, tax appeal by the board should be only about taxation that they found unacceptable by audit and inspection. Except for this, it is not allowed that the Board of Audit and Inspection file tax appeals that are, in turn, necessarily transported to the National Taxation. Esecially, the transposition should be a procedure that is occasionally taken. In sum, this study investigated problems with the current tax appeal system, and made suggestions about solutions that are not theoretical but practical.

• Journal of Environmental Policy
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• v.7 no.4
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• pp.105-134
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• 2008

Local opposition and protest constitute single greatest hurdle to the siting of locally unwanted land uses(LULUs), especially siting of high-level radioactive disposal not only throughout Korea but also throughout the industrialized world. It can be attributed mainly to the NIMBYism, equity problem, and lack of participation. These problems are arisen from rational planning process which emphasizes instrumental rationality. But planning is a value-laden political activity, in which substantive rationality is central. To achieve this goals, we need a sound planning process for siting LULUs, which should improve the ability of citizens to influence the decisions that affects them. By a sound planning process, we mean one that is open to citizen input and contains accurate and complete information. In other word, the public is also part of the goal setting process and, as the information and analyses developed by the planners are evaluated by the public, strategies for solutions can be developed through consensus-building. This method is called as a co-operative siting process, and must be structured in order to arrive at publicly acceptable decisions. The followings are decided by consensus-building method. 1. Negotiation will be held? 2. What is the benefits and risks of negotiation? 3. What are solutions when collisions between national interests and local ones come into? 4. What are the agendas? 5. What is the community' role in site selection? 6. Are there incentives to negotiation. 7. Who are the parties to the negotiation? 8. Who will represent the community? 9. What groundwork of negotiation is set up? 10. How do we assure that the community access to information and expert? 11. What happens if negotiation is failed? 12. Is it necessary to trust each other in negotiations? 13. Is a mediator needed in negotiations?

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Korean Journal of Plant Resources
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• v.32 no.5
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• pp.519-542
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• 2019

Twenty soybean cultivars developed recently were assessed using 27 insertion and deletion (InDel) markers derived from dense variation blocks (dVBs) of soybean genome. The objective of this study is to identify the distinctness and genetic relationships among a total of 169 soybean accessions including new cultivars. The genetic homology between 149 accessions in the soybean barcode system and 20 new cultivars was 61.3% on average with the range from 25.9% to 96.3%, demonstrating the versatile application of these markers for cultivars identification. The phylogenic analysis revealed four subgroups related to their usage. The 80% of cultivars for vegetable and early maturity and the 65.9% of cultivars for bean sprouts were clustered in subgroup I-2 and II-2, respectively, indicating of the limited gene pools of their crossing parents in breeding. On the other hands, the cultivars for soy sauce and tofu with considerable gene flow by genome reshuffling were distributed evenly to several subgroups, I-1 (44.4%), I-2 (26.4%) and II-2 (23.6%). We believe that the 27 InDel markers specific to dVBs can be used not only for cultivar identification and genetic diversity, but also in breeding purposes such as introduction of genetic resources and selection of breeding lines with target traits.