• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.173-206
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• 2019

This research examines the characteristic of regulation on Japanese clinical research in recent years. First, Japan has had a severe punishment policy on research misconduct like Korea, but, in recent days, Japan has changed the direction of research ethics policy from restriction to research publicness securement by educational training, in addition, Act of Clinical Research, effected April 2018, has recruited excellent researchers, and then integrated clinical research and medicine clinical trial through raising transparency of funding and integrating ethics screening by mandating announcement on funding information of clinical research. Second, Japan has integrated and organized ethics guideline from dual system that consists of ethics guideline on dynamic research(here after, referred to as 「dynamic guideline」) and ethics guideline on clinical research(here after, referred to as 「clinical guideline」) to ethics guideline on medical research aimed at human(here after, referred to as 「integrated guideline」), thus, it complements repetition and deficit of ethics guideline needed in clinical research and dynamic research, and it has risk evaluation system for protecting human subjects, and also it clarifies the concept of 「invasiveness」, a preliminary consideration of evaluation. 「Evaluation issue of risk and profit」, common contents of international regulation related clinical research, is the method to check whether the research is designed appropriately or not, this is the method for Institutional Review Board to decide whether the risk on human subjects could be justified, and also this is the important standard for future human subjects to participate in clinical trial. Therefore, it is meaningful to define 「invasiveness」 concept, a preliminary consideration of risk evaluation for human subjects. This research examines Japanese clinical trial focusing on change of awareness on prevention of research misconduct, efficiency improvement of research through research screening and integration of human subjects, and clarification and extension of range of 「invasiveness」 concept, a preliminary of risk evaluation to protect human subjects.

• The Korean Journal of Nuclear Medicine
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• v.29 no.1
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• pp.73-78
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• 1995

[ $^{99m}Tc$ ]-MDP bone scan was performed in 31 patients with primary malignant bone tumors, 22 patients with osteogenic sarcoma, 5 patients with chondrosarcoma and 4 patients with Ewing's sarcoma. The findings were classified by isotope intensity of accumulation in tumor as grade 1 to 3, overall pattern of isotope distribution in tumor as grade 1 to 3, and distortion of bony outline as grade 1 to 3. Histologic classifications were cor related with scan findings in 22 patients with osteogenic sarcoma. The results were as follows 1) In 22 patients with osteogenic sarcoma, markedly increased isotope intensity higher than sacroiliac joint with patchy areas of decreased intensity and severe bony distortion were found in 16 patients. The correlations between histologic classification and scan findings were not discovered. 2) In 5 patients with chondrosarcoma, mildly increased isotope Intensity with patchy areas of increased intensity and mild bony distortion were found in 4 patients.. 3) In 4 patients with Ewing's sarcoma, markedly increased homogenous intensity with moderate bony distortion were found in 3 patients. Conclusively there were common findings in each 3 primary malignant bone tumors and $^{99m}Tc$-MDP bone scan was complemented with radiologic studies in differentiating primary malignant bone tumors.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.6 no.3
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• pp.152-163
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• 2001

Based upon the sedimentological, geochemical and micropaleontological analyses of two sediment cores from the Antarctic Peninsula (AP), three distinct lithological units can be recognized: (1) ice-proximal an/or ice-distal diamictons in the lower part of the cores, accumulated just seaward of the grounding line of the ice shlef until 11,000 yrs BP; (2) diatomaceous mud between 6,000 and 2,500 yrs BP in the middle part, resulted from a large influx of organic materials by enhanced production of open marine condition; (3) diatomaceous sandy mud since 2,500 yrs BP, characterized by an increase in sand content and decrease in TOC and diatom abundance in the lower layers, which reflects the formation of more extensive and seasonally persistent sea ice. Based on the C-14 radiocarbon dating, the sub-ice shlef deposition of the diamicton on the AP western shelf completed around 11,000 yrs BP. Colder condition was reinstated between 12,800 and 11,600 BP with a dropin TOC content and diatom abundance, which is coincident with the Younger Dryas event in the North Atlanticregion. At this time, the ice shelf, that is now absent in the study area, appears to advance as evidenced by an abrupt increase in sea-ice taxa. A climatic optimum is recognized between 9,000 and 2,500 BP, coincide witha mid-Holocene climatic optimum 'Hypsithermal Warm Period' from the other Antarctic sites. During this time, diatomaceous mud accumulated by a large influx of organic materials by enhanced production occurred in openmarine condition. Around 2,500 BP, diatomaceous sandy mud reflects the formation of more extensive and seasonally persistent sea ice, coincident with the onset of the Neoglacial in the Antarctic. Our results provide evidence of climatic change from the Antarctic Peninsula`s western shelf that helps in determining the existence and timing of Holocene milennial-scale climatic events in the Southern Hemisphere.

• Proceedings of the Korean Radioactive Waste Society Conference
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• 2005.06a
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• pp.311-318
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• 2005

Transparency on the Total System Performance Assessment (TSPA) is the key issue to enhance the public acceptance for a permanent high level radioactive repository. To approve it, all performances on TSPA through Quality Assurance is necessary. The integrated Cyber R&D Platform is developed by KAERI using the T2R3 principles applicable for five major steps in R&D's. The proposed system is implemented in the web-based system so that all participants in TSPA are able to access the system. It is composed of FEAS (FEp to Assessment through Scenario development) showing systematic approach from the FEPs to Assessment methods flow chart, PAID (Performance Assessment Input Databases) showing PA(Performance Assessment) input data set in web based system and QA system receding those data. All information is integrated into Cyber R&D Platform so that every data in the system can be checked whenever necessary. For more user-friendly system, system upgrade included input data & documentation package is under development. Throughout the next phase R&D, Cyber R&D Platform will be connected with the assessment tool for TSPA so that it will be expected to search the whole information in one unified system.

• Journal of Science Education
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• v.34 no.2
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• pp.225-236
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• 2010

The purpose of this study is to analyze and evaluate the Cyber Home Learning contents of Earth science area in the basic course of the $10^{th}$ grade. For this purpose, we applied the 'Cyber Home Study Content Quality Control Tool' presented in Elementary Secondary Education e-Learning Quality Management Guidelines (Ver.2.0)' of Korea Education & Research Information Service(2008). The results of Cyber home learning contents analysis are as follow: First, it was presented that the study guide introduced the contents which should be studied for one class, properly. And it was not analyzed that the diagnosis assesment was not completed in the initiative study; Second, it was possible to study choosing the contents fitting the learner's level of learning in the main study, it was comprised of about 10 minutes. Third, it was performed without feedback for incorrect answers in the learning assessment, just the number of wrong questions. And the learning arrangement present the important contents learned in that class, summarizing and arranging again. The results of evaluating the contents in Cyber Home Learning are as follows: First, in evaluation section of instructional design, many text materials which were so difficult for learners to read were explained, being provided. Besides, the systematic structures leaves much to be desired, in view of learners' learning experience, contents, and environment. And in evaluation section of learning contents, the error of contents caused the learning contents not to appear, the amount of learning in each section was found too much. Second, in evaluation section of the strategy for Teaching and Learning, when we mention the strategy of Self Directed Learning, the environment to make learners search for information free and self-study possible was not possessed well. And in evaluation section of interaction, it was found that a simple click caused the learning to go on. Third, in evaluation section of evaluating, it was evaluated that there was wanting in consistency in learning aims, contents, evaluation contents.

• Journal of the Korean Society for Marine Environment & Energy
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• v.13 no.3
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• pp.135-150
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• 2010

At the Intergovernmental Meeting held in 1972, the London Convention was adopted to prevent marine pollution from dumping of wastes and other matter. After that, at the special meeting held at the Headquarters of the International Maritime Organization in 1996, the London Convention was revised to consider advances in technology of treatment and disposal of wastes and to reflect changes in understanding of marine environment and then the London Protocol was concluded. The London Protocol states more concrete management system for ocean dumping than the London Convention and also provides that the Meeting of Contracting Parties shall establish those procedures and mechanisms necessary to assess and promote compliance with the Protocol. With the London Protocol in force since 24 March 2006, the Meeting of Contracting Parties adopted the 'Compliance Procedures and Mechanisms (CPM) pursuant to Article 11 of the 1996 Protocol to the London Convention 1972' and established the Compliance Group in 2007. According to the CPM, members of the Compliance Group shall be nominated by Contracting Parties, based on equitable and balanced geographic representation of the five Regional Groups of the United Nations, and elected by the Meeting of Contracting Parties. In 2009, the Republic of Korea nominated a member of the Compliance Group to be subsequently elected by the Meeting of Contracting Parties with the approval of other states in Asia Group. Through the United Nations Regional Group System based on geographical identity or political affinity, Contracting Parties to the London Protocol are expected to form a voting bloc or to exchange information in meetings on the London Protocol. In this sense, it is noteworthy that the London Protocol introduced marine environmental management system for comprehensive prohibition of ocean dumping with exception of the so-called 'reverse-list' which had been earlier adopted by the 'Convention for the Protection of the Marine Environment of the North-East Atlantic, 1992 (OSPAR)' whose contracting parties belonged to Western European and Other States Group. In recent years, the jurisdiction of London Protocol has been extended to protect and preserve the marine environment from all sources of pollution. This will make the United Nations Regional Group System play more important roles in the activities associated with the London Protocol. For this reason, this article has considered characteristics of the United Nations Regional Group System and has analyzed influences of this Regional Group System in meetings on the London Protocol. This could provide preliminary information for the Republic of Korea to give due consideration to the United Nations Regional Group System on the activities associated with the London Protocol.

• Journal of Nutrition and Health
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• v.41 no.8
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• pp.839-850
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• 2008

This study describes the demographic and diet-related psychosocial correlates of nutrition label use, and examines the relationship between label use and diet. Self-reported dada from a population-based cross-sectional survey of 2073 Korean women aged 20 to 60 years were collected to identify demographic and health-related characteristics, belief on diet-disease relationship, awareness on importance of healthy eating practice and diet quality associated with label use. Label users, who are in the stage of action and maintenance (31.6%), were more likely to have belief on nutrient-disease relationship (in sodium, cholesterol, sugar and trans fat) and were more likely to have higher awareness of the importance of healthy eating practice compared with label nonusers, who are in the stage of precontemplation, contemplation and preparation. Label users were more likely to have higher dietary quality compared with label nonusers [odds ratio (OR) = 2.01; 95% confidence interval (CI): 1.66, 2.44](P < 0.001). Also, label use appeared to be associated with the consumption of diets that were higher vegetables and fruits, and lower in cholesterol. The findings of this study suggests that reading nutrition labels on food packages may improve food choices and enable healthful dietary practices.

• Korean Journal of Agricultural and Forest Meteorology
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• v.21 no.4
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• pp.297-306
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• 2019

Soil moisture monitoring is an important task to cope with climate change, and soil water prediction can provide large-scale soil moisture information. Therefore, this study was conducted to evaluate the relationship between the measured and predicted soil water content, and to estimate the correlation between the soil characteristics and soil water content. The selected sites in soil moisture monitoring network were 76, and the soil with high sand content (sand, loamy sand, and sandy loam in soil texture) accounted for 77% of the total. Organic matter and bulk density were 0.03 to 3.50% and 1.01 to 1.69 Mg m^-3, respectively. Predicting values of field capacity and wilting point were lower than the measured soil water content, and the correlation coefficient between the measured and predicted values were low as 0.548 to 0.748. However, a significantly high positive correlation (p<0.01) found between the measured and predicted soil water content. Soil water (field water capacity and wilting point) content was highly positively correlated with silt, clay, and organic matter (p<0.01) and highly negatively correlated with sand (p<0.01).

• Journal of Animal Science and Technology
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• v.53 no.2
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• pp.107-111
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• 2011

This study was undertaken to reveal the relationship between genetic variations and the basic coat color classification system in Jeju horses. Genetic variations of the melanocortinreceptor 1 (MC1R) and agouti signaling protein (ASIP) genes were investigated using pyrosequencing technique. A nucleotide substitution mutation for MC1R g.901C>T and an ASIP 11-bp deletion mutation were screened. Black horses had MC1R $E^+$/- ($E^+/E^+$ or $E^+/E^e$) and ASIP $A^a/A^a$ genotypes. In contrast, chestnut horse genotypes were MC1R $E^e/E^e$ and ASIP -/-. Thus, black and bay horses have at least one dominant MC1R allele, $E^+$, whereas chestnut horses have homozygous recessive alleles $E^e/E^e$. This suggests that the MC1R genotypes determine chestnut or black/bay coat color, regardless of the genotype distribution of ASIP. In addition, the horses with MC1R $E^+$/- and a dominant ASIP $A^A$/- allele showed bay coat color, but not black, suggesting that the ASIP $A^A$ allele represses black coat color development in the hairs of the body, but not in the mane and all four legs. Pedigree analysis showed a consistent relationship between the genotype distribution of the MC1R and ASIP genes and basic coat color patterns, even in the $F_1$ progeny. The results of this study revealed the relationship between the coat color phenotype and genetic background and suggested that useful information may be provided for molecular breeding of Jeju horses.