• Title/Summary/Keyword: 허가제

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Cultivation Support System of Ginseng as a Red Ginseng Raw MaterialduringtheKoreanEmpire andJapaneseColonialPeriod (대한제국과 일제강점기의 홍삼 원료삼 경작지원 시스템)

  • Dae-Hui Cho
    • Journal of Ginseng Culture
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    • v.5
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    • pp.32-51
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    • 2023
  • Because red ginseng was exported in large quantities to the Qing Dynasty in the 19th century, a large-scale ginseng cultivation complex was established in Kaesong. Sibyunje (時邊制), a privately led loan system unique to merchants in Kaesong, made it possible for them to raise the enormous capital required for ginseng cultivation. The imperial family of the Korean Empire promulgated the Posamgyuchik (包蔘規則) in 1895, and this signaled the start of the red ginseng monopoly system. In 1899, when the invasion of ginseng farms by the Japanese became severe, the imperial soldiers were sent to guard the ginseng farms to prevent the theft of ginseng by the Japanese. Furthermore, the stateled compensation mission, Baesanggeum Seongyojedo (賠償金 先交制度), provided 50%-90% of the payment for raw ginseng, which was paid in advance of harvest. In 1895, rising seed prices prompted some merchants to import and sell poor quality seeds from China and Japan. The red ginseng trade order was therefore promulgated in 1920 to prohibit the import of foreign seeds without the government's permission. In 1906-1910, namely, the early period of Japanese colonial rule, ginseng cultivation was halted, and the volume of fresh ginseng stocked as a raw material for red ginseng in 1910 was only 2,771 geun (斤). However, it increased significantly to 10,000 geun between 1915 and 1919 and to 150,000 geun between 1920 and 1934. These increases in the production of fresh ginseng as a raw material for red ginseng were the result of various policies implemented in 1908 with the aim of fostering the ginseng industry, such as prior disclosure of the compensation price for fresh ginseng, loans for cultivation expenditure in new areas, and the payment of incentives to excellent cultivators. Nevertheless, the ultimate goal of Japanese imperialism at the time was not to foster the growth of Korean ginseng farming, but to finance the maintenance of its colonial management using profits from the red ginseng business.

Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.147-196
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    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

A Legal Analysis on the Absence of Provisions Regarding Non-relative Patients in the Act of Decisions-Making in Life-Sustaining Medicine (연명의료결정법에서 무연고자 규정미비 등에 관한 법적 고찰)

  • Moon, Sang Hyuk
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.103-128
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    • 2023
  • According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

Actual Results on the Control of Illegal Fishing in Adjacent Sea Area of Korea (한국 연근해 불법어업의 지도 단속 실태)

  • Lee, Sang-Jo;Kim, Jin-Kun
    • Journal of Fisheries and Marine Sciences Education
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    • v.10 no.2
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    • pp.139-161
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    • 1998
  • This thesis includes a study on the legal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the lists of illegal fishing controlled by fishing patrol vessels of Ministry of Maritime Affairs and Fisheries from 1994 to 1996 in adjacent sea area of Korea. The results are summarized as follows ; 1. The fishing patrol vessels controlled total 826 cases in 2,726 days of 292 voyages by 17 vessels in 1994, total 1,086 cases in 3,060 days of 333 voyages by 18 vessels in 1995 and total 933 cases in 3,126 days of 330 voyages by 19 vessels in 1996. 2. The fishing period of illegal fishing was generally concentrated from April to September. But year after year, illegal fishing was scattered throughout the year. 3. The most controlled sea area of illegal fishing was the south central sea area in the sea near Port of Tongyeong. The sea area occupied about 36~51% of totality and the controlled cases were gradually increased every year. The second was the south western sea area in the sea near Port of Yosu. The sea area occupied about 18-27% and the controlled cases were a little bit increased every year. The third was the south eastern sea area in the sea near Pusan. The sea area occupied about 13~23% and the controlled cases were gradually decreased year by year. 4. The most controlled kind of illegal fishing was the small size bottom trawl. This occupied about 81-95% of totality and the controlled cases were gradually increased year by year. The second was the medium size bottom trawl. This occupied about 4-7% and the controlled cases were gradually decreased year by year. The third was the trawl of the coastal sea, this occupied about 2~4% and the controlled cases were a little bit decreased every year. 5. The most controlled address of illegal fishing manager was Pusan city which occupied about 33-51% of totality. The second was Cheonnam which occupied about 24-29%. The third was Kyungnam which occupied about 16~35%. 6. The most controlled violation of regulations was Article 57 of the Fisheries Act which occupied about 56-64% of totality. The second was Article 23 of Protectorate for Fisheries Resources which occupied about 21-36%. And the controlled cases by it were gradually increased every year.

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Comparison of the Legislation Applicable to Compare the use of Diagnostic Radiation Devices (진단용 방사선발생장치 이용에 적용되는 법제의 비교)

  • Ko, Jong-Kyung;Jeon, Yeo-Ryeong;Han, Eun-Ok;Cho, Pyong-Kon;Kim, Yong-Min
    • Journal of radiological science and technology
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    • v.38 no.3
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    • pp.277-286
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    • 2015
  • Diagnostic radiation devices that is used in the country has reached to 78,000 units. When used for human subjects diagnostic purposes, it is subject to Medical Service Act, when used in diagnostic purposes in animal subjects, the subject to Veterinarians Act. When used for other purposes are subject to the Nuclear Safety Act. Even the same radiation devices varies the legislation that is applied depending on the intended use and object. Diversified been p rovisions a re necessary compared to t he analysis o f l egal content in o rder t o prevent confusion of the legislation is a matter to be applied. It is a qualitative study that Nuclear Safety Act, Medical Service Act and Veterinarians Act administrative procedures for the introduction of the applied diagnostic radiation devices, safety inspection, human resources management, area management and the content related to administrative punishment. The Nuclear Safety Act sub-provisions, the introduction of diagnostic radiation generating devices, there are many complex and complete requirements administrative procedures on the concept of a permit. Inspection of safety associated with the use, would be subject to periodic inspection auditing characteristics over the entire field of radiation safety management. It must receive court regular education for the safety administrator and workers. Unlike the reference of the radiation dose rate to specify the radiation controlled area there is a measurement obligation of radiation dose rate. Unlike the reference of the radiation dose rate to specify the radiation controlled area there is a measurement obligation of radiation dose rate. Quantitative difference of administrative punishment that is imposed when legislation violation has reached up to 10 times, over the entire field, the largest burden of radiation safety management at the time of application of the Nuclear Safety Act sub provisions. And it is applied differently depending on the purpose and the imaging target using the same diagnostic radiation devices. Depending on the use mainly under the current legal system, radiation can be lacking in fairness of the contents of the legislation for safety management, there is a risk of confusion. Alternatives such as centralized and standardization of legislation by diagnostic radiation devices use is expected to be necessary.

A Study on the Problem Analysis of Designation and Management of the Zone of Urban Nature Park (도시자연공원구역 지정 및 관리상의 문제점 분석)

  • Lee, Jeoung-Suk;Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.3
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    • pp.98-106
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    • 2011
  • This study was performed with the purpose of providing basic data for the improvement of zoning regulations of urban nature park by analyzing the present problem which occurred during last 6 years from the year of 2005 when the program was introduced for the first time. The study was processed first by the analysis of the cases of problems evoked by citizens, second the other problems was delineated by interviews of officials, at last the validity of all of the problems was verified by a group of professionals through delphi method. The results can be summarized as follows. 1. In relation to the designation and management of urban national park areas, designation criteria, designation process, maintenance, laws and regulations and 20 other items were found to be problematic. After Delphi method, 5 items were removed and 2 added. The results showed that there were 17 problematic items in total. 2. Regarding the problem of criteria for designation, which are, lack of priority(weights), lack of objectivity due to the difficulty to use quantitative evaluation method, incompatibility for contaminated land environmental impact assessment, incompatibility of land suitability assessment, lack of detailed field survey standards, lack of national park area standards, and 6 other items. 3. Regarding the problem of designation process, which are, the occurrence of civil appeals for designating a new national park, the needs of feasibility study on the urban national park areas constructed before urban national park guidelines came out, lack of a comprehensive review of the boundaries set when determining national park area management plan, poor temporal and financial conditions for an accurate field survey, and 4 other items. 4. Regarding the problem of maintenance management, which are, lack of management system in each space, lack of effectiveness of Urban Nature Park Area Management Plan among master plans for park and green areas, the occurrence of dual managers due to dual natures such as purpose area and city park, lack of professional manpower to manage park areas, and 4 other items. 5. Regarding the problems of regulation guidelines, which are, lack of separate urban park area management plan, incompatibility of the permitted facilities in the park to the park area standards, lack of feasibility study on urban park areas, and 3 other items.

Physicochemical Properties and Antioxidant Capacities of Different Parts of Ginger (Zingiber officinale Roscoe) (생강(Zingiber officinale Roscoe) 부위별 이화학적 특성 및 항산화 활성)

  • Lee, Hye-Ryun;Lee, Jong-Hun;Park, Cheol-Seong;Ra, Kyung-Ran;Ha, Jin-Sook;Cha, Mi-Hyun;Kim, Se-Na;Choi, Youngmin;Hwang, Jinbong;Nam, Jin-Sik
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.43 no.9
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    • pp.1369-1379
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    • 2014
  • The physicochemical characteristics and antioxidant activities of leaf, stem, and root of ginger (Zingiber officinale R.) were determined. Nutrient composition, reducing sugar, saponin, mineral, heavy metal, total phenolic and total flavonoid contents, and antioxidant activities based on DPPH radical scavenging and FRAP assay were measured. Catechins, gingerols, shogaols, and capsaicin compositions were also determined by HPLC. The contents of water, proteins, fats, carbohydrates, fiber, and ash from ginger root were 6.4, 6.8, 3.2, 65.4, 7.3, and 18.2%, respectively. Crude fiber contents of leaf and stem were 4~5 times higher than those of root (P<0.05), and reducing sugar content of stem was about 3 times higher than those of root. Crude saponin contents were in the order of stem

Entry Types and Locational Determinants of North Korean Workers in Cross-border Regions between North Korea and China (중국 대북 접경지역의 북한 노동력 진입 유형과 요인)

  • Lee, Sung-Cheol;Lee, Yong-Hee;Kim, Boo-Heon
    • Journal of the Economic Geographical Society of Korea
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    • v.22 no.4
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    • pp.438-457
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    • 2019
  • The main purpose of this paper is to identify the entry types and locational determinants of North Korean workers in cross-border regions between North Korea and China. More specifically, the paper has attempted to divide the entry type of them in the regions into two; 1) entry via transactions between Chinese traders with North Korea and North Korea trade companies, and 2) entry via transactions between Korean-Chinese middlemen and North Korean trade companies. Also, it has analyzed main factors of their locational determinants in the spatial contexts of the regions. There have been changes in two perspectives in terms of the entry paths and types of them in accordance with the transformation of characteristics of United Nations sanction against North Korea from 'call-upon' to 'decide' after UN Security Council Resolution 2094 in 2013. Firstly, main agents who have dealing with North Korean trade companies which have right to dispatch North Korean workers have been changed from Chinese traders into Korean-Chinese brokers who are specialized in the introduction of North Korean workers with one-stop service from visa administrative to labor managements. Secondly, there has been a transfer of North Korean workers in the regions from formal to informal workers who has been admitted into China with a short stay or a tourist visa, and then remained illegally to be employed in China. Therefore, as demands on service which is able to guarantee the security of North Korean informal workers and their managements have increased, Korean-Chinese brokers have been stimulated in the regions after the operation of real international sanctions against overseas North Korean workers. In addition, the main factors of their locational determinants in cross-border regions between North Korea and China are could be analyzed in three perspectives; 1) an increase in real wages in accordance with the reform of the Chinese social insurance system after 2011, 2) the structural vulnerability of labor markets in the regions, 3) the utilization of stable and manageable workers.

Study on verification of various national standards regarding phthalate testing in industrial products (공산품 중 프탈레이트류 함유량 분석법에 관한 국내외 표준의 검증 연구)

  • Song, Moon-Hwan;Cho, Young-Dal;Choe, Eun-Kyung;Myoung, Young-Chan
    • Analytical Science and Technology
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    • v.25 no.3
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    • pp.178-189
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    • 2012
  • As phthalates classified as toxic to reproduction category 2 and endocrine disrupting chemicals were more strictly regulated as Substances of Very High Concern (SVHC) for authorization in under EU REACH and considered as priority substances in RoHS II, standardization of phthalate testing method is now being proposed in IEC 62321 of IEC TC 111 and the 2nd revision of KS M 1991 is also finished. In order to assist standardization activities related to phthalating testing, solvent extraction part of existing national standards were compared and verified. Recovery of DEHP (diethylhexyl phthalate) from PVC (polyvinyl chloride) by Soxhlet extraction increased in the order of methanol, toluene, dichloromethane and hexane from 46.9% to 95.3% as measured by GC-MS. Optimum extraction time was verified to be 6 hours using hexane. Recovery of DBP (dibutyl phthalate), BBP (butylbenzyl phthalate), and DEHP from different matrixes such as PVC, nitro cellulose, ABS (acrylonitrile butadiene styrene). and EPDM(ethylene propylene diene monomer) rubber were evaluated to be more than 90% up to 99%. The detection limits of phthalates in solvent extraction followed by GC-MS analysis were 0.08~0.3 ${\mu}g/mL$ in solution and 8~30 mg/Kg in polymeric samples. GC-MS analyses of phthalates were carried out using different solvent extraction based on the EN 14372, ASTM D 7083, Japanese test method (MHLW 0906-4) and KS M 1991, proving that equivalent recoveries ranging from 98%~99% were obtained. DBP and DEHP were detected in three consumer products such as a child toy, a power cable and manicure with the amount of 22~1,910 mg/kg.

International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities 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. Becides there are currently three national legislations relating to space development and commercial space activities 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. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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