• 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.

• Journal of the Korean Institute of Landscape Architecture
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• v.43 no.2
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• pp.105-113
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• 2015

The theory of landscape architecture applies environmental ethics in order to secure an ecological status. However, environmental ethics that focus on nature conservation excludes landscape architecture as artifacts. In the process, it is hard to identify what landscape architecture insists on as the middle position between humans and nature. Rather, landscape architecture pretends to be an 'agent of nature' and pushes the traditional moral values 'for people.' Therefore, the purpose of this study is to reestablish the anthropocentrism moral position of landscape architecture through critical analysis. Hargrove's weak anthropocentrism' of several environmental ethics branches accepts natural aesthetics(such as landscape architecture) as an ethical virtue. But environmental ethics makes landscape architecture a critical target. For that reason, this study looked into critical contents and objects that in a position to moral, aesthetic and landscape architecture. Critical details are as follows: First, nature is an absolute as an aesthetic and moral value, but landscape architecture is an imitation and takes a relaxed attitude about nature. Second, nature is full of aesthetic substance because it is self-creative, but landscape architecture is designed nature covered human flaws through imagination. Third, environmental management granting techniques in nature generate a moral nihilism. As an argument, environmental ethics overlooked the moral practices of landscape architecture beyond nature another moral aspect of creation and the imagination-and moral aspects of environmental management as 'care' because they rule out 'moral autonomy' and simplify what is considered 'good.' As a result, conservation cannot be the only virtue why the problem of nature in reality cannot be separated from human life. The moral position of landscape architecture based on a 'good life' is more appropriate under anthropocentrism than as a middle position.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Korean Journal of Heritage: History & Science
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• v.42 no.4
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• pp.74-95
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• 2009

Folk villages have higher historic and cultural values than other villages and contain considerably many traditional elements today. In Korea, there are seven folk villages that are under the protection of the Cultural Properties Protection Act. Unlike other kinds of tangible cultural assets individually appointed according to the act, those folk villages are protected by the act in entirety including the houses and auxiliary structures inhabited and used by the villagers. Since the act covers the entire villages, the residents are not allowed to repair or renovate their structures and accordingly suffer from huge limitations in everyday life with housing life under the biggest restrictions. Being appointed as a folk village is positive from the perspective of preserving the village. However, it is negative to the villagers because of the limitations to their housing lives. While common people lead a convenient life by the introduction of high technologies in modern society, they do not get to benefit from such technologies for the cause of preserving the traditional culture. Upon the appointment, they are subject to all sorts of building regulations and under huge direct and indirect influences of those regulations across many different aspects of life including housing life. Thus the residents of folk villages do have many complaints about the act. It is only natural that there occur conflicts between the state, which tries to preserve the traditional culture according to the act, and the residents, who pursue convenience in life. At the same time, it is natural too that the residents have the desire to pursue convenience in daily life. Thus they renovate their houses illegally. The government agencies are aware of that, however, it is not right for them to enforce the act and restrict their daily lives. Their tacit approval of such illegal renovations is the product of compromises between the residents' right to their private property and the state's policies of cultural asset protection. The residents try to renovate their houses within the limit that will not call for legal restrictions from the government agencies. The government allows for renovations as long as they are within the minimum limit. It is the result of efforts for the state and the residents to stitch up and compromise their own complaints.

• The Korean Journal of Archival Studies
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• no.35
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• pp.41-91
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• 2013

There have been numerous steps of growth in policy system since the legal systemization through the enactment of Information Disclosure of public institution Act in 1996 and Records Management of public institution Act in 1999 as well as infrastructure advancement led by government bodies, but it still shows insufficiency in some aspects of information disclosure system and records management. In particular, the issue of reliability on record information disclosed through information disclosure system is raised, and institutional base through the legal and technical devices to ensure the reliability are not well prepared. Government has attempted to enact laws and regulations to guarantee the public right to know through information disclosure and records management at government level, and establish the national system in a way that advances the infrastructure for encouraging the participation in state affairs and utilization of national record information resources. There are limitations that it lacks internal stability and overlooks the impact and significance of record information itself by focusing upon system expansion and disclosing information quantatively. Numerous record information disclosed tends to be falsified, forged, extracted or manufactured by information disclosure staffs, or provided in a form other than official document or draft. In addition, the disclosure or non-disclosure decisions without consistency and criteria due to lack of information disclosure staff or titular supervising authority, which is likely to lead to societal confusion. There are also frequent cases where the reliability is damaged due to voluntary decision, false response or non response depending upon request agents for information disclosure. In other cases, vague request by information disclosure applicant or civil complaint form request are likely to hinder the reliability of record information. Thus it is essential to ensure the reliability of record information by establishing and amending relevant laws and regulations, systemic improvement through organizational and staff expertise advancement, supplementing the information disclosure system and process, and changing the social perception on information disclosure. That is, reliable record information is expected to contribute to genuine governance form administration as well as accountability of government bodies and public organizations. In conclusion, there are needed numerous attempts to ensure the reliability of record information to be disclosure in the future beyond previous trials of perceiving record information as records systematically and focusing upon disclosing more information and external development of system.

• Korean Journal of Breeding Science
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• v.50 no.4
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• pp.396-405
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• 2018

The areas of soybean (Glycine max (L.) Merrill) cultivation in Gangwon-do have increased due to the growing demand for well-being foods. The soybean barcode system is a useful tool for cultivar identification and diversity analysis, which could be used in the seed production system for soybean cultivars. We genotyped cultivars using 202 insertion and deletion (InDel) markers specific to dense variation blocks (dVBs), and examined their ability to identify cultivars and analyze diversity by comparison to the database in the soybean barcode system. The genetic homology of "Cheonga," "Gichan," "Daewang," "Haesal," and "Gangil" to the 147 accessions was lower than 81.2%, demonstrating that these barcodes have potentiality in cultivar identification. Diversity analysis of one hundred and fifty-three soybean cultivars revealed four subgroups and one admixture (major allele frequency <0.6). Among the accessions, "Heugcheong," "Hoban," and "Cheonga" were included in subgroup 1 and "Gichan," "Daewang," "Haesal," and "Gangil" in the admixture. The genetic regions of subgroups 3 and 4 in the admixture were reshuffled for early maturity and environmental tolerance, respectively, suggesting that soybean accessions with new dVB types should be developed to improve the value of soybean products to the end user. These results indicated that the two-dimensional barcodes of soybean cultivars enable not only genetic identification, but also management of genetic resources through diversity analysis.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

• The Korean Journal of Archival Studies
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• no.72
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• pp.91-163
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• 2022

The focus of this paper lies on the fact that the 'management' and 'utilization' of audiovisual archives are still not specialized in both the public and the private sectors. The use of online video platforms including 'YouTube' has became common. Accordingly the production and collection of high-definition and high-capacity audiovisual archives has been rapidly increasing. However, it also emphasizes that there are no references or principles in the current Public Records Act and its enforcement rules, public standards, and guidelines. This paper ultimately examines the provisions that are related to audiovisual archives of the current Public Records Act, which needed to be revised and enacted due to the lack of an audiovisual archives management manual of national institutions, public broadcasters, and organizations can refer to. In addition, this study tries to find out what kind of systems and guidelines are used in audiovisual archives management. This paper examines the current state of standardization of audiovisual records of the National Archives. It also analyses the systems and the guidelines methodically for efficient audiovisual record management in the public records management sector. It suggests the new direction of relevant public standards and guidelines through this research. Futhermore, it measures to activate the audiovisual management policy-making functions of the National Archives. The necessity of establishing a Public Audiovisual Archives as an organization was also reviewed in this paper. The Public Audiovisual Archives will collect Public Audio and Videos systematically and comprehensively through the legal deposit system. And it will be operated by the management and the utilization system so that it can be used for public as a collective memory. Finally, it will takes a charge of a professional role in audiovisual record management field, such as technology standardization to safeguard and protect the copyrights through this process.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.57-95
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• 2021

Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.3-35
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• 2021

Inmitten der Flut der privaten und öffentlichen Information gilt die riesige Informationsmenge als Schlüsselressource im Zeitalter der 4. industriellen Revolution, repräsentiert durch Big-Data. Das Interesse an diesen wächst weltweit. Es gibt eine aktive Diskussion darüber, wie man Daten sichert und akkumuliert und wie man die gesammelten Daten sicher und effektiv nutzt. Gesundheitsdaten werden vor allem als die wertvollste Ressource bewertet, für die Big-DataTechnologie eingesetzt wird. Um Gesundheitsdaten sinnvoll zu nutzen, müssen verteilte Gesundheitsdaten integriert und den Benutzern in einer Form zur Verfügung gestellt werden, die für Forschung oder Inspektion verwendet werden kann. In einer Situation, in der große Länder um den Aufbau bzw. die Führung der Datenwirtschaft konkurrieren, wurden im August 2020 auch in Südkorea die sog. „3-Daten-Gesetze" geändert, die das Datenschutzgesetz(DSG) enthälten. Das DSG führte das Konzept der pseudonymen Informationen ein und baute eine Rechtsgrundlage für deren Verwendung auf. Als Folgemaßnahme kündigte die, Kommission für den Schutz personenbezogener Daten(Personal Information Protection Commission: PIPC)' die „Richtlinien für die Bahandlung mit pseudonymen Informationen" und, Ministerium für Gesundheit und Wohlfahrt' die „Richtlinien für die Verwendung von Gesundheitsdaten" an. Gesundheitsdaten stehen direkt in Zusammenhang mit Leben und Körper des Menschen und damit enthalten viele sensible Daten. Es handelt sich also um ein System, das aus einer vorsichtigeren und konservativeren Sicht unter der Voraussetzung verwendet werden kann, personenbezogene Daten sicherer zu schützen. Um die Hauptinhalte der „Richtlinien für Verwendung von Gesundheitsdaten" zu analysieren, überprüften wir zunächst die Hauptinhalte des überarbeiteten DSG. Danach durch die Analyse der wesentlichen Inhalte der „Richtlinien für Verwendung von Gesundheitsdaten" wurden Probleme wie Konflikte mit anderen Gesetzen und Verbesserungsmaßnahmen überprüft.