• Title/Summary/Keyword: 이행여부

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Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

School Experiences and the Next Gate Path : An analysis of Univ. Student activity log (대학생의 학창경험이 사회 진출에 미치는 영향: 대학생활 활동 로그분석을 중심으로)

  • YI, EUNJU;Park, Do-Hyung
    • Journal of Intelligence and Information Systems
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    • v.26 no.4
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    • pp.149-171
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    • 2020
  • The period at university is to make decision about getting an actual job. As our society develops rapidly and highly, jobs are diversified, subdivided, and specialized, and students' job preparation period is also getting longer and longer. This study analyzed the log data of college students to see how the various activities that college students experience inside and outside of school might have influences on employment. For this experiment, students' various activities were systematically classified, recorded as an activity data and were divided into six core competencies (Job reinforcement competency, Leadership & teamwork competency, Globalization competency, Organizational commitment competency, Job exploration competency, and Autonomous implementation competency). The effect of the six competency levels on the employment status (employed group, unemployed group) was analyzed. As a result of the analysis, it was confirmed that the difference in level between the employed group and the unemployed group was significant for all of the six competencies, so it was possible to infer that the activities at the school are significant for employment. Next, in order to analyze the impact of the six competencies on the qualitative performance of employment, we had ANOVA analysis after dividing the each competency level into 2 groups (low and high group), and creating 6 groups by the range of first annual salary. Students with high levels of globalization capability, job search capability, and autonomous implementation capability were also found to belong to a higher annual salary group. The theoretical contributions of this study are as follows. First, it connects the competencies that can be extracted from the school experience with the competencies in the Human Resource Management field and adds job search competencies and autonomous implementation competencies which are required for university students to have their own successful career & life. Second, we have conducted this analysis with the competency data measured form actual activity and result data collected from the interview and research. Third, it analyzed not only quantitative performance (employment rate) but also qualitative performance (annual salary level). The practical use of this study is as follows. First, it can be a guide when establishing career development plans for college students. It is necessary to prepare for a job that can express one's strengths based on an analysis of the world of work and job, rather than having a no-strategy, unbalanced, or accumulating excessive specifications competition. Second, the person in charge of experience design for college students, at an organizations such as schools, businesses, local governments, and governments, can refer to the six competencies suggested in this study to for the user-useful experiences design that may motivate more participation. By doing so, one event may bring mutual benefits for both event designers and students. Third, in the era of digital transformation, the government's policy manager who envisions the balanced development of the country can make a policy in the direction of achieving the curiosity and energy of college students together with the balanced development of the country. A lot of manpower is required to start up novel platform services that have not existed before or to digitize existing analog products, services and corporate culture. The activities of current digital-generation-college-students are not only catalysts in all industries, but also for very benefit and necessary for college students by themselves for their own successful career development.

A Comparative Study on the Air Law in Korea and Neighboring Countries. (한반도 주변국가의 항공법 비교연구)

  • Oh, Sung-Kyu;Kim, Maeng-Sern
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.105-137
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    • 2009
  • International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and amend the law on the basis of the SAPRs. However, Any State which find it impracticable to comply in all respects with any such SARPs, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by SARPs shall give immediate notification to the ICAO of the differences between its own practice and that established by the SARPs and ICAO publish these difference notices as a supplement to annexes. Korea and neighboring countries contracting States with International Civil Aviation Convention are accomplishing standardization of regulation on the basis of SARPs in each State. Air Law of each State need to study on the trait and differences for safety of frequent air transport services around the Korean Peninsula, However, because Korea and Neighboring countries have differences of Air Law by reason of cultural differences and circumstance of each State. Korea and Neighboring countries mean Republic of Korea, The People's Republic of China, Japan and The Domestic People's Republic of Korea and study on Air Law of each state in this study. One of purposes of this study is to analyze the history and organization of each state and then to review how establishing own air law affect air law of each state. Another purpose is to make comparative study on differences between own regulation in Korea and neighboring countries and SARPs and then to review how the differences notice of each state affect air law of each state.

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Studies on the Current Status of Nutrition Labeling Recognition and Consumption Pattern of Domestically Processed Meat Products (국내 육가공품의 영양표시 현황과 소비자 인지도 및 소비경향 실태조사)

  • Kim, Ji-Hye;Lee, Keun-Taik
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.39 no.7
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    • pp.1056-1063
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    • 2010
  • The purpose of this study is to investigate current nutrition labeling status, levels of recognition and patterns of consumption of domestically processed meat products. The survey results show that 47.4% of products (81 out of 171) were labeled with nutrition information. Where general product labeling and nutrition labeling were provided, it was read by 84.9% and 66.8% of the survey subjects, respectively. The most common reasons for not reading product labeling were 'hard to understand it' (46.2%) and 'not concerned' (30.8%). This was attributed to respondents finding it 'useless' (39.3%) and 'hard to understand the nutrition contents' (32.8%). As for the positive effect of enforcing a nutrition labeling system, 62% of respondents affirmed 'ease of selecting products which are good for health'. The reading of general product labeling showed a significant positive correlation (p<0.01) with the reading of nutrition labeling. The amount the nutrition labeling was read showed a negative correlation (p<0.05) with comprehension of the information on the nutrition labeling contained. Therefore, providing more information on the nutrition labeling for the consumers of processed meat products and also educating them more comprehensively about the nutrition, which would ultimately help them improve their dietary life, is needed.

Epidemiological Studies of Avian Reovirus Infection in Broilers in Korea (국내 육계에서의 조류 레오바이러스 감염에 대한 역학 조사)

  • Kim, J.M.;Kim, M.J.;Song, J.S.;Mo, I.P.
    • Korean Journal of Poultry Science
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    • v.35 no.1
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    • pp.85-99
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    • 2008
  • Avian reovirus (ARV) is a causative agent of viral arthritis/tenosynovitis, and malabsorption syndrome in broiler. The characteristics of malabsorption syndrome caused by ARV are diarrhea, poor feed conversion and stunting. Therefore, ARV infection has been recognized as one of the most important disease in the poultry industry because of economical losses. However, few study of ARV infection in broiler industry has been conducted in Korea. To evaluate the presence of ARV infection in broiler farms, epidemiological survey such as serological test and virus isolation has been conducted. For the serological survey using ELISA method, we selected five broiler farms which were located at different area and had a history of growth retardation, lameness, diarrhea and poor feathering. From these farms serum samples were collected at 1 day, 14 days and market age. All these farms had no history of vaccination against ARV. In addition to serological survey, we tried to isolate ARV from birds of designated farms at market age and collected feces and tissue samples such as cecal tonsil, intestine and liver. We were identified ARV by RT-PCR and transmissible electron microscopy. The samples were inoculated into 9-day-old embryonated eggs via the chorioallantoic membrane to observe the pock formation. For the pathogenicity test of ARV isolates, we inoculated with the isolates to the right footpad of 3-week-old SPF chicks and observed clinical signs and pathological changes for 14 days after challenge. Most broilers sampled for serological survey have maternal antibodies which were widely distributed at 1 day and decreased by 14 days. However, at the market age several broiler farms showed fairly high antibody titer against ARV. This increase of antibody titer at market age means the possible infection of ARV during the grow-out period. Among total 15 samples for the isolation of ARV. 2 samples were positive by RT-PCR and finally identified as a ARV. We inoculated these isolates in the SPF birds and observed that the antibody titer was increased from 7 days after challenge. However, we did not find any clinical signs both control and challenge groups. Based on the above results, it is clear that the ARV infection has been circulated in the broiler industry and caused significant economic losses. Further study is needed to evaluate the virulence of the isolates in the digestive system of broiler and the molecular characteristics of isolates.

Prognostic Significance of Cyclin E and p27 in Stage 1 Non-Small Cell Lung Cancer (제1병기 비소세포폐암에서 Cyclin E와 p27의 발현과 예후)

  • 조봉균;조성래;천봉권
    • Journal of Chest Surgery
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    • v.36 no.1
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    • pp.7-14
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    • 2003
  • Cyclin I plays a pivotal role in the regulation of G1-S transition and could consequently be a deregulated molecule in tumors. The activity of the cdk2-cyclin E complex is increased by degradation of cdk inhibitor p27kip1. Little is known about the expression and prognostic significance of cyclin E and p27 in non-small cell lung cancer(NSCLC). Material and Method: The expression of cyclin E and p27 in eighty-one cases of resected stage I NSCLC tissues and its relation to major clinico-pathological factors, including histology, differentiation, size of tumor, pleural invasion and survival rate were studied and analyzed. Immunohistochemical analysis with monoclonal antibodies specific for cyclin E and p27 were performed by ABC method. Result: Expression rates of cyclin E and p27 in stage I NSCLC tissues were 29.6% and 28.4% respectively. Cyclin E was expressed higher in cases of pleural invasion(p=0.04), and p27 was expressed higher in diameter of tumor less than 3cm(p=0.015). The 5-years survival rate was lower in cases of Positive expression of cyclin E than in cases of negative expression of cyclin E(44.4% vs 68.2%, p=0.015), and the 5-years survival rate was 72.2% in positive expression of p27 and 56.2% in negative expression of p27(p=0.09). The 5-years survival rate was higher in negative expression of cyclin E and positive expression of p27 than in cases of positive expression of cyclin I and negative expression of p27 (73.5% vs 36.3%, p=0.0029). In multivariate analysis, expression of cyclin I was an unfavorable prognostic factor(RR=3.578, p=0.006) and p27 was a favorable prognostic factor(RR=0.183, p=0.019) independently. Conclusion: Cyclin E and p27 may play a pivotal role for the biological behavior of stage I NSCLC, so that the expressions of cyclin I and p27 nay be new prognostic markers.

Residue Study for Bisphenol A in Agricultural Reservoirs (농업용 저수지에서 Bisphenol A의 잔류실태조사)

  • Cho, Il Kyu;Nam, Hyo Song;Jeon, Yongbae;Park, Jun sung;Na, Tae Wong;Kim, Back Jong;Kan, Eunsung
    • Korean Journal of Environmental Agriculture
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    • v.35 no.4
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    • pp.270-277
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    • 2016
  • BACKGROUND: Significant amount of bisphenol A has been released from the manufacturing process of plastics, epoxy resins, dental material and flame retardants. Bisphenol A has been detected at trace levels in wastewater, surface water, landfill leachate and drinking water. However, the residual survey of bisphenol A has not been performed in agricultural reservoir beside agricultural environment cultivating crops. This study was conducted to monitor the residual bisphenol A in national agricultural reservoirs and understand a level of contamination of bisphenol A in the agricultural environment in Korea. METHODS AND RESULTS: The water and water sediment were collected at agricultural reservoirs in Chungnam, Chungbuk, Kyunggi, Jeonnam, Jeonbuk, Kyungnam and Kyungbuk province. Bisphenol A was analyzed by the LC-MS/MS with triple quad 4500. The recovery of water and water sediment in the agricultural reservoirs showed the level of 95.7~97.2% and 91.5~100.3%, respectively. CONCLUSION: Bisphenol A was detected at the level of $0.05{\mu}g/L{\sim}0.18{\mu}g/L$ and $0.1{\mu}g/kg{\sim}34{\mu}g/kg$ in water and water sediment of the reservoirs, respectively. Based on the results, the residue of bisphenol A will be tried in the crops surrounding these agricultural reservoirs where bisphenol A detected above $10{\mu}g/kg$ of bisphenol A.

Analysis of Spatial Information Characteristics for Establishing Land Use, Land-Use Change and Forestry Matrix (Land Use, Land-Use Change and Forestry 매트릭스 작성을 위한 공간정보 특성 고찰)

  • HWANG, Jin-Hoo;JANG, Rae-Ik;JEON, Seong-Woo
    • Journal of the Korean Association of Geographic Information Studies
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    • v.21 no.2
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    • pp.44-55
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    • 2018
  • The importance of establishing a greenhouse gas inventory is emerging for policymaking and its implementation to cope with climate change. Thus, it is needed to establish Approach 3 level Land Use, Land-Use Change and Forestry (LULUCF) matrix that is spatially explicit regarding land use classifications and changes. In this study, four types of spatial information suitable for establishing the LULUCF matrix were analyzed - Cadastral Map, Land Cover Map, Forest Map, and Biotope Map. This research analyzed the classification properties of each type of spatial information and compared the quantitative and qualitative characteristics of the maps in Boryeong city. Drawn from the conclusions of the quantitative comparison, the forest area showed the maximum difference of 50.42% ($303.79km^2$) in the forest map and 46.09%($276.65km^2$) in the cadastral map. The qualitative comparison drew five qualitative characteristics: data construction scope difference, data construction purpose difference, classification standard difference, and classification item difference. As a result of the study, it was evident that the biotope map was the most appropriate spatial information for the establishment of the LULUCF matrix. In addition, if the LULUCF matrix is made by integrating the biotope, the forest map, and the land cover map, the limitations of each spatial information would be improved. The accuracy of the LULUCF matrix is expected to be improved when the map of the level-3 land cover map and the biotope map of 1:5,000 covering the whole country are completed.

Implications for the CISG's Applicability concerning U.S. Court's Cases (미국법원의 판례를 통한 CISG 적용상의 함의)

  • Han, Na-hee;Ha, Choong-lyong
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.195-217
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    • 2016
  • The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.

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Well-being of young and middle aged diabetic patients with medication according to combination of non-pharmacological treatment: a path analysis (청장년층 약물치료 당뇨환자의 비약물적치료 병행 여부에 따른 웰빙: 경로분석)

  • Kim, Sun-Kyung;Kim, Yu-Mi;Kim, Sun-Ae
    • Journal of the Korea Convergence Society
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    • v.11 no.6
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    • pp.401-410
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    • 2020
  • The purpose of this study was to investigate predictors and mediating effects of physical activity and nourishment regulation on well-being among young and middle aged patients on DM medication and to compare between those with non-pharmacological treatment and those without. Data were obtained from 2017 community health survey including 1,480 DM patients with oral medication in the age between 20 and 49. Using SPSS 25.0 and AMOS 25.0, path analysis was performed to explore the association between personal factors (socio-economic status, health habit, eating habit and compliance of health examination) and well-being, along with mediating effects of physical activity. Results demonstrated the different mediating role of physical activity. In medication only group, there was no direct effect of physical activity and no indirect effect of personal factors. Direct effect of physical activity and indirect effects of predictors were found in those with non-pharmacological treatment group. When developing strategies to enhance well-being of young and middle aged diabetic patients, proper reflection of their age specific traits and disease management capability are essential.