• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
• /
• v.27 no.3
• /
• pp.158-172
• /
• 2022

The distribution of seabirds was investigated in 24-34 major coastal wetlands in Korea from 2015 to 2019. During the study period, seven orders, 16 families, and 111 species were observed, and the largest number of species (51-89 species) was recorded in 2018. 92,821-265,783 individuals per year were observed with the largest number in 2018. The largest number of species (55-72 species) was observed in the southern sites of Jeollado, and the largest number of individuals (annual average of 62,542 individuals) was found in Chungcheong regions. The largest number of seabird species (68 species) was observed at the Suncheon Bay site in 2016, and the largest number of individuals (95,399 individuals) was observed at Biin and Jangan sites in 2018. In terms of the habitat type of seabirds, at the family level, shorebirds appeared most frequently with an average of 38%, followed by waterfowl, wading birds, seabirds, and raptors. With regard to legally protected species, eight protected marine species, 19 endangered wildlife species (Level I: six species, Level II: 13 species), and twelve natural monument species were observed. Overall, there was a significant difference in the number of species and individuals of seabirds in the Korean coastal wetlands during the research period. This suggests the importance of conducting systematic and continuous seabird surveys and developing a conservation policy considering habitat characteristics.

• Journal of Legislation Research
• /
• no.54
• /
• pp.303-343
• /
• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• The Korean Society of Law and Medicine
• /
• v.18 no.2
• /
• pp.47-73
• /
• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

• Korean Journal of Plant Resources
• /
• v.15 no.2
• /
• pp.114-122
• /
• 2002

This study investigated the species composition and distribution of woody plants, and flora of vascular plants of Cheonjiyeon where is located in the most southern region of Korea. Twenty-nine taxa of trees were distributed in the valley, and of these, deciduous broad-leaved trees were 13. Of the total number of 2,547 trees, 1,429 were deciduous broad-leaved trees and remainder was broad-leaved evergreen. Deciduous broad-leaved trees covered 48.7% of the tree canopy while evergreen broad-leaved trees covered only 42.3%. The total number of shrub taxa was 37 with more evergreen shrub taxa than deciduous. Evergreen shrubs occupied 64.4％ of shrub canopy while deciduous shrubs covered only 35.4％. The result of the investigation of flora showed that there are 446 taxa of flora including 114 families, 320 genera, 397 species, 1 subspecies, 39 varieties, and 9 forma. Of these, two species, Rubus hongnoensis Nakai and Lycoris chejuensis K. Tae et S. Ko, are endemic plants of Jeju Island. The flora includes 17 taxa of rare plants that are distributed only in Jeju Island in Korea. Also, the flora includes 1 taxon, Elaeocarpus sylvestris (Loureiro) Poiret var. ellipticus (Thunb.) Hara, of Korean natural monument, 2 taxa, Psilotum nudum (L.) Griseb. and Crypsinus hastatus (Thunb.) Copeland, of legally protected wildlife and plants, 38 taxa of naturalized plants, and 75 taxa of introduced plants.

• The Korean Society of Law and Medicine
• /
• v.16 no.1
• /
• pp.221-254
• /
• 2015

The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

• Korean Journal of Environment and Ecology
• /
• v.34 no.1
• /
• pp.63-71
• /
• 2020

This study characterized the spatial and seasonal patterns of light pollution in the Deogyusan National Park and examined the potential effects of light pollution on ecosystems in the park using light intensities derived from VIIRS (Visible Infrared Imaging Radiometer Suite) DNB (Day and Night Band) nightlight images collected in January and August 2018. Results showed that the Muju Deogyusan resort had the greatest light intensity than other sources of light pollution in the park, and light intensity of the resort was much higher in January than in August, suggesting that artificial lights in ski slopes and facilities were the major source of light pollution in the park. An analysis of an urban-natural light pollution gradient along a neighboring urban area through the inside of the park indicated that light radiated from a light pollution source permeated for up to 1km into the adjacent area and contaminated the edge area of the park. Of the legally protected species whose distributions were reported in literature, four mammals (Martes flavigula, Mustela nivalis, Prionailurus bengalensis, Pteromys volans aluco), two birds (Falco subbuteo, Falco tinnunculus), and nine amphibians and reptiles (Onychodactylus koreanus, Hynobius leechii, Karsenia koreana, Rana dybowskii, Rana huanrenensis, Elaphe dione, Rhabdophis tigrinus, Gloydius ussuriensis, Gloydius saxatilis) inhabited light-polluted areas. Of those species inhabiting light-polluted areas, nocturnal species, such as Prionailurus bengalensis and Pteromys volans aluco, in particular, were vulnerable to light pollution. These results implied that protecting ecosystems from light pollution in national parks requires managing nighttime light in the parks and surrounding areas and making a plan to manage nighttime light pollution by taking into account ecological characteristics of wild animals in the parks.

• Journal of Environmental Policy
• /
• v.11 no.2
• /
• pp.3-16
• /
• 2012

Objectives of the Korean Environmental Conservation Value Assessment Map (ECVAM) is to evaluate environmental value used in comprehensive environmental information in order to encourage eco-friendly land use and management. The first research was conducted in 2001 to establish the evaluation items and the criteria of the ECVAM, and the first nationwide map was established in the period of 2003 to 2005. The maps are updated annually to reflect environmental changes of land. The evaluation items and the criteria have been modified based on feasibility studies to improve the accuracy of the maps. This study re-evaluated the ECVAMs from 2005 to 2010 with criteria used in current environment and analyzed the changes in the area of the maps in 6 years. This is also an investigation on the maps whether they are appropriate as an index for sustainable environmental monitoring. The result shows that the 1st grade level of the ECVAM area with the highest conservation value had been expanding since 2005. These changes were analyzed in terms of updating the 4th Forest Map (2008) produced once every 10 years, reflecting the new legal protected areas such as Baekdudaegan Protected Area(2010), and the environmental/ecological assessment items such as the National Ecological Network (2009). This mean the ECVAM are a monitoring index that integrates individual environmental indexes including the increase of forest age and diameter due to sustainable management of forest areas, and the change of conservation areas. Therefore, ECVAM can be used as a new index integrating national environmental indicators for monitoring changes of national environment and policy. In order to utilize the ECVAM, improving accuracy and reducing renewal cycle time of thematic maps are required.

• Korean Journal of Environment and Ecology
• /
• v.32 no.6
• /
• pp.603-617
• /
• 2018

This study surveyed the diversity and community characteristics of benthic macroinvertebrates and freshwater fish, which are the main animal classifications in a hydro ecosystem, from May to September 2017 in the western plains of the Demilitarized Zone (DMZ). The results showed a total of 125 species of benthic macroinvertebrates belonging to 66 families, 19 orders, and four phyla in the streams and wetlands. Among benthic macroinvertebrates, Coleoptera (27 spp.: 21.60%) was the largest group in terms of species richness followed by Odonata (26 spp.: 20.80%), non-Insecta (22 spp.: 17.60%), and Hemiptera (11 spp.: 8.80%) occupying in the lentic area. Of the feeding function groups (FFGs), predators (51 spp.: 56.67%) showed a relatively larger presence, indicating the dominance of hygrophilous invertebrates that usually inhabit the freshwater wetlands or ponds. Of the habitat oriented groups (HOGs), climbers (33 spp.: 24.44%) and burrowers (17 spp.: 12.59%) were the dominant groups. This observation is typical in a slow flowing habitat and can lead to the disturbance of the ecosystem due to cannibalism among predators. Cannibalism can be caused by stress induced by various population and environmental factors. For the ecosystem services benchmark (ESB) value, site 13 appeared to be the highest with 82 marks while other sites showed relatively lower rates and indices (III water quality class with ${\alpha}$-mesosaprobic). The analysis result of stability factors showed that almost all sites were evaluated to be the I characteristic group with high resilience and resistance or the III characteristic group that was sensitive to environmental disturbance and formed uneven and unstable communities. Of the freshwater fishes, 46 species (3,405 individuals) belonging to 39 families and 18 orders were identified in all the investigated sites. Among them, Cyprinidae (30 spp.: 65.2%) was the largest group, and Zacco koreanus was identified as the dominant species (728 individuals, 21.4%). The survey of freshwater fish communities found both stable communities (sites 7 and 13) with low dominant index (0.39) and high diversity index (2.29) and unstable communities (sites 2, 3, 8, and 10) in opposite tendency. This survey found five Korean endemic species, 17 species belonging to the export controlled species, two endangered species level II (Lethocerus deyrollei and Cybister chinensis), and rare species (Dytiscus marginalis czerskii) among benthic macroinvertebrates. The survey also found an invasive species, Ampullarius insularus, which was distributed throughout the whole area and thus can continuously disturb the ecosystem in the western plain area in the DMZ. Of freshwater fish, one natural monument (Hemibarbus mylodon) and three endangered species level II (Acheilognathus signifer, Gobiobotia macrocephalus, and G. brevibarba) were observed. The survey also found four introduced species (Pomacea canaliculate, Carassius cuvieri, Lepomis macrochirus, Micropterus salmoides) in the western DMZ area, indicating the need for the protection and conservation measures.

• Korean Journal of Agricultural and Forest Meteorology
• /
• v.17 no.2
• /
• pp.136-143
• /
• 2015

Gotjawal areas have the unique ecosystem and we need to approach as the inhabit of animals to conserve Gotjawal. This study was conducted in Hangyeong-myeon Cheongsu-ri located in the western part of Jeju Island belonging to Hangyeong Andeok Gotjawal Zone and Jocheon-eup Seonheul-ri located in the eastern part of Jeju Island belonging to Jocheon Hamdeok Gotjawal Zone. Survey on advent of the birds was done twice a month from February 2013 to December 2014. A total of 66 species and 4,140 individuals in two Gotjawals were observed during the survey period. In Seonheul Gotjawal area, 53 species and 1,907 individuals were observed while it was 49 species and 2,233 individuals in Cheongsu Gotjawal area. The number of species between two Gotjawal areas was not significantly different, but the number of individuals between two Gotjawal areas was significantly different. Thirty-six species were found in both Gotjawal areas as common species and the index of similarity was 0.7. A total of 23 species were classified as the residents, 15 species as the winter visitors, 16 species as the passage migrants, 11 species as the summer visitors, and 2 species as the vagrant. Twelve species as legally protected birds including the natural monument and the endangered species were found and 8 species were found in Seonheul Gotjawal area while it was 10 species in Cheongsu Gotjawal area. The species that directly using a wetland or food resources related to water were 12 in the Seonheul and 6 species were observed in the Cheongsu Gotjawal area, but there is no significant difference between two Gotjawal areas. However, the number of individuals in Seonheul Gotjawal area was significantly higher than in that of in Cheongsu Gotjawal area. We need to research the wetlands and micro climatic condition existing in Gotjawal forests to find the cause of difference of two areas and this difference must be considered as an important indicator for the protection of Gotjawal forests.

• Journal of Legislation Research
• /
• no.55
• /
• pp.167-191
• /
• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.