• 한국노년학
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• v.36 no.3
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• pp.673-691
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• 2016

As the provision of long-term care policy takes root and with a gradual increase in elderly population, the use of elderly care service has become a growing norm. More than ever, there exists an urgent need for a paradigm shift in the building of an institutional basis for the improvement of care service, from the prevalent practice of 'need based service' toward the concept of 'human rights based service'. A great focus is being shed on care-workers, at the 'front line' of advocating human rights, as their human rights advocacy behaviour is seen as a key variable in providing high quality care service for elders. This study aims to examine how care-workers' individual human rights awareness levels, and the influence of their respective organizations, as an environmental factor, affect their human rights advocacy behaviour. The study includes a comprehensive analysis of the interactions between the regulatory effect of environmental factors (service orientation?) on an organizational level, human rights awareness (individual level) and the service environment (organizational). The analysis sample consisted of 782 registered non-profit corporation of long-term care facilities all over the country in 2014. The findings of the thesis suggest that human rights awareness at individual levels has a significant influence on human rights advocacy behavior. The interaction of human resources management in service orientations was also found to influence human rights advocacy on a significant level. Both human rights awareness at individual level and service orientations at organizational level were thus determined as key variables for improving the human rights awareness of care worker in long-term care facilities in Korea.

• Journal of Food Hygiene and Safety
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• v.34 no.1
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• pp.13-21
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• 2019

A method was developed for the simultaneous detection of an antibiotic fungicide, streptomycin, and its metabolite (dihydrostreptomycin) in agricultural products using liquid chromatography-tandem mass spectrometry (LC-MS/MS). The samples were extracted using methanol adjusted to pH 3 using formic acid, and purified with a HLB (Hydrophilic lipophilic balance) cartridge. The matrix-matched calibration curves were constructed using seven concentration levels, from 0.001 to 0.1 mg/kg, and linearity of five agricultural products (hulled rice, potato, soybean, mandarin, green pepper), with coefficients of determination $(R^2){\geq}0.9906$, for streptomycin and dihydrostreptomycin. The mean recoveries at three fortification levels (LOQ, $LOQ{\times}10$, $LOQ{\times}50$, n = 5) were from 72.0~116.5% and from 72.1~116.0%, and relative standard deviations were less than 12.3% and 12.5%, respectively. The limits of quantification (LOQ) were 0.01 mg/kg, which are satisfactory for quantification levels corresponding with the Positive List System. All optimized results satisfied the criteria ranges requested in the Codex guidelines and the Food Safety Evaluation Department guidelines. The present study could serve as a reference for the establishment of maximum residue limits and be used as basic data for detection of streptomycin and dihydrostreptomycin in food.

• Korean Journal of Heritage: History & Science
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• v.52 no.3
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• pp.200-221
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• 2019

The National Hangeul Museum houses a document list of the wedding gifts that Queen Sunwon granted her royal son-in-law, Nam Nyeong-wie, in August 1837. A total of 55 items were recorded in Hangeul Gungseo style on yellow paper. This list included four types of government officials' uniforms, casual wear, accessories, etc. The results of studying the 19th-century male officials' uniforms through this historic record were as follows. The clothing record in the List of Wedding Gifts was more accurate than that in the Dukongongju Garyedeungrok. The four types of government official uniforms for Nam Nyeong-wie included jeobok, sangbok, sibok, and gongbok. For the joebok, there was geumkwan, daehong-hangrah joebok, baeksam, ahole, seodae, gakpae, peseul, paeok, husu, and mokhwa. The record of the List confirms that baeksam was used as jungdan for joebok. For the gongbok, there was daehong-hangrah gongbok, blue seolhancho duhgre, blue saenggyeonggwangju changui, and green waehangrah kurimae. The record of the List shows that the lining of the gongbok was duhgre, and confirms, for the first time, that changui and kurimae were worn inside the gongbok. For the sangbok, there was samo, ssanghakhyungbae embroidered with golden thread, dark green cloud patterned gapsa gwandae, blue cloud patterned gapsa duhgre, blue ssangmuncho changui, and Chinese purple hwamunsa kurimae. For the sibok, there was pink gwangsa gwandae, and blue gwangcho duhgre. For the lining, blue duhgre was used. Lastly, the fabrics used for those costumes were all suitable for the climate in August.

• The Korean Journal of Archival Studies
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• no.38
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• pp.75-124
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• 2013

This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.91-124
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• 2021

In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

• Journal of Korea Port Economic Association
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• v.39 no.1
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• pp.131-147
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• 2023

Gwangyang Port Marine Industry Cluster is the only marine industry cluster in Korea that is currently in operation, but despite the implementation of various revitalization policies since its opening, the occupancy rate has been low so far. Accordingly, this study aims to identify the constraints of the current system that hinder the inducement of tenant companies and to suggest revitalization measures. For this purpose, this study analyzed the current status of research and development(R&D) projects in the port, shipping and logistics sector, which is a core industry of the Gwangyang Port Marine Industry Cluster. And a survey was conducted on companies with potential to move in. As a result, the proportion of R&D in the core industry sectors is lower than in other sectors, and most of R&D projects are being carried out mainly by small and medium-sized enterprises. In addition, the low need for port facilities and low accessibility to Gwangyang Port were derived as constraints. Considering the results, this study suggests four revitalization measures to induce tenant companies as follows. First, it is necessary to expand the scope of core industries from the current shipping, ports, and logistics to the entire maritime and fisheries, so that companies performing R&D in the industry can move in. Second, the industry code currently specified as a qualification need to be revised to include both the industry of the enterprise carrying out R&D projects and the core industry. Therefore, this study suggests an expanded industry code list that can replace current list. Third, a transition of tenant recruitment system from the regular system(once or twice a year) to the occasional system is proposed so that companies can move in flexibly when demand arises. Finally, in order to overcome geographically low accessibility, technology development support projects specialized in R&D that prospective tenant companies actually need are needed rather than financial support.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.97-158
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• 2010

The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.