• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.987-994
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• 2021

The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2^nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3^rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• Journal of Genetic Medicine
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• v.8 no.2
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• pp.89-99
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• 2011

Over the years Korean health care system has improved in delivery of quality care to the general population for many areas of the health problems. The system is now being recognized in the world as the most cost effective one. It is covered by the uniform national health insurance policy for which most people in Korea are mandatory policy holders. Genetic counseling service, however, which is well recognized as an integral part of clinical genetics service deals with diagnosis and management of genetic condition as well as genetic information presentation and family support, is yet to be delivered in comprehensive way for the patients and families in need. Two major obstacles in providing genetic counseling service in korean health care system are identified; One is the lack of recognition for the need for genetic counseling service as necessary service by the national health insurance. Genetic counseling consumes a significant time in delivery and the current very low-fee schedule for physician service makes it very difficult to provide meaningful service. Second is the critical shortage of qualified professionals in the field of medical genetics and genetic counseling who can provide the service of genetic counseling in clinical setting. However, recognition and understanding of the fact that the scope and role of genetic counseling is expanding in post genomic era of personalized medicine for delivery of quality health care, will lead to the efforts to overcome obstacles in providing genetic counseling service in korean health care system. Only concerted efforts from health care policy makers of government on clinical genetics service and genetic counseling for establishing adequate reimbursement coverage and professional communities for developing educational program and certification process for professional genetic counselors, are necessary for the delivery of much needed clinical genetic counseling service in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.35-59
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• 2018

Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.

• Korean Journal of Weed Science
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• v.12 no.3
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• pp.271-291
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• 1992

This study was conducted to survey the situation of direct rice seeding in Honam province in Korea to investigate problems and seek countermeasure of weed control in direct rice seeding. The total area of direct rice seeding in the south-western part of Korea (Chonbuk, Chonnam, and Chungnam) was 1650.8ha (732.1ha for direct seeding in dry field and 918.7ha for direct seeding in flooding field) in 1992. The followings are summary of the study. 1. In case of direct rice seeding in dry field, butachlor EC and G at 3 to 5 DAS was mostly selected by farmers to control weeds in dry field. Benthiocarb or chlornitrofen was also used in few cases. At 10 to 14 DAS just before rice emergence, tank misture of butachlor EC and paraquat was treated by some farmers. At 35 to 40 days, after flooding mixture of sulfonylurea derivatives was sequentially applied. Surviving weeds including barnyardgrass were finally controlled by mixture of bentazon+quinclorac WP foliage application. 2. In case of direct rice seeding in flooding field, weed control were mostly unsuccessful partially due to wrong selection of herbicide and missing the optimum application time. Three relatively successful weed control in the survey were summarized as follows. 1) Oxadiazon EC, butachlor or benthiocarb were treated just after puddling(5 to 7 days before seeding). then mixture of bentazone+quinclorac WP or sulfonylurea derivatives was sequently applied to control remaining weeds at 20 days after seeding. 2) Mixtures of bensulfuronmethyl+dimepiperate G, pyrazosulfuronethyl+molinate G, or bensulfuronmethyl+mefenacet+dymron G were applied at 11 days after puddling when barnyardgrass were at 2.0 leaf stage. Phytotoxicity was not found in case of mixture of bensulfuronmethyl+dimepiperate G but found in the other two cases but disappeared later. 3) Mixtures of bensulfuronmethyl+quinclorac G., pyrazosulfuronethyl+quinclorac G or betazone and quinclorac G were treated after 18 to 20 days after puddling when barnyardgrass was within 3.0 leaf stage. It showed good weed control in both annuals and perrenials without phytotoxicity. On the contrary, other sulfonylurea derivatives such as middle periodic herbicide showed poor weed control against barnyardgrass, so that sequential treatment of bentazone+quinclorac WP mixture was required. 3. Herbicidal characteristics and optimum application time of 45 rigistered herbicides in Korea were analyzed to discover new substitute for quinclorac mixture, that showed excellent weed control against barnyardgrass at its 3 leaf stage or older. The analysis revealed that 70% of herbicides were for preemergence and the others were post periodic herbicide. Most farmers favor to apply herbicide when rice seedlings completely rooted, at this time barnyardgrass are at 2.5-3.0 leaf stage. Therefore herbicide of which optimum application time had long is required. In this study. 6 middle periodic herbicides among sulfonylurea derivatives and 2 quinclorac mixture were selected and evaluated their weeding spectrums at different leaf stage of barnyardgrass in both soil application in flooding condition and foliage application in dry paddy field. The order of weeding spectrum in magnitude was as follows : bentazone+quinclorac WP> bentazone + quinclorac G>bensulfuronmethyl + quinclorac G>pyrazosulfuronethyl + quinclorac G> pyrazosulfuronethyl + Molinate G>bensulfuronmethyl + mefenacet + dymron G>bensulfuronmethyl + mefenacet G>bensulfuron methyl+benthiocarb G. The above results coincided with that of the survey. In conclusion, there is no proper substitute for quinclorac mixrure, which can control barnyardgrass at 3.0 leaf stage or even older. Therefore quinclorac should be supplied continuously to farmers in order to anchor direct rice seeding in Korea. Author suggested the followings to eastablish direct rice seeding technology effectively and quickly : 1) A tentatively named "The research committee for direct rice seeding" which was composed of farmers. researchers and goberment. should be eastablished to cooperate effectively. 2) Development of a pricise direct rice seeding machine for both dry and flooding paddy field. which is workable regardless of condition and varieties of seeds. 3) Study on protecting rice seed and seedling from sparrows. 4) Systematic studies of weed control techniques in direct rice seeding to standardize herbicide application. 5) Studies on farm-land reformation. techniques of precise land preparation. and direct rice seeding using an airplane.