• Journal of Environmental Policy
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• v.7 no.3
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• pp.89-120
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• 2008

With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.9-35
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• 2004

A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The compensation which the launching State shall be liable to pay for damage under "the Convention on International Liability for Damage caused by Space Objects" shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organisation on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following: If the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute; If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible. The Insurance requirements are satisfied for a launch or return authorised by a launch permit if the holder of the permit or authorisation is insured against any liability that the holder might incur to pay compensation for any damage to third parties that the launch or return causes; and the Commonwealth is insured against any liability that Commonwealth might incur, under the Liability Convention or otherwise under international law, to pay compensation for such damage. The liability for Damage caused by Space Objects should be regulated in detail in Korea.

• Environmental and Resource Economics Review
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• v.13 no.3
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• pp.519-547
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• 2004

This paper analyze problems about scope of specific trade obligations(STOs), principle of dispute settlement procedure, and non-parties in context of the Cartagena Protocol on Biosafety(POB), which based on sub-paragraph 31(i) of DDA WTO Ministrial Declaration. The implications based on result of this study are as follows. First, to accept the wider scope of STOs under POB in Korea, importing country, won't be harmful to LMOs and Bioindustry. Instead, it will ensure a high level of biosafety concerning the import of LMOs. Exporters can take different kinds of trade measures to countervail adverse effect on the export of LMOs in this case. Therefore importer will endure the aftereffect. However, if korea were in exporter's place, to accept the wider scope STOs under POB will not have a good influence on the export of LMOs. Korea, therefore, should devise scheme for responding to debate about the STOs in MEAs, which have to be based on cost-benefit analysis and scenarios taking into account of speed and level in biotechology progress, status and trend of LMOs R&D and production, and condition of other industries. Second, it is not easy to agree with applying to what's rule between the POB and WTO for settlement dispute. Because there is the incompatibility between the POB characterized according to social rationality and WTO's rules for safety and environmental protection characterized according to scientific rationality. This issue have to be discussed for long period due to gap like that. Accordingly Korea, one of major LMOs importing countries, should suggest continuously that the effort is needed to ensure an adequate level of protection in transboundary movements of LMOs and scientific, environmental and socio-economic study. Third, in case of dispute between party and non-party of the POB, the duties under the WTO of non-party of the POB(if WTO member country) is valid. The country, therefore, will try to settle dispute based on WTO's rules. However, international society have to ensure for sound and safe use of LMOs in the field of transboundary movements. Accordingly Korea should devise scheme for preventing the possibility of dispute between party and non-party of the POB(if WTO member country), which is supported by policy options under the POB.

• Journal of the Korean Society for Marine Environment & Energy
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• v.16 no.2
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• pp.88-101
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• 2013

The International Convention for the Control and Management of Ship's Ballast Water and Sediments was adopted at 2004 and then various BWMS (ballast water management system) have been developed. In this study, WET (whole effluent toxicity) test with algae (diatom) Skeletonema costatum as primary producer, invertebrate (rotifera) Brachionus plicatilis as 1st consumer and fish (olive flounder) Paralichthys olivaceus as predator, chemical analysis and ERA (environmental risk assessment) were conducted to assess the unacceptable effect on marine ecosystem by emitting the discharge water treated with AquaStar$^{TM}$ BWMS using electrolysis as main treatment equipment for removing the marine organisms in the ship's ballast water. The most sensitive test organism on discharge water treated with AquaStar$^{TM}$ BWMS was S. costatum that gave the NOEC value of 25.00%, LOEC value of 50.00% and 72hr-$EC_{50}$ value of 69.97% from WET test result for 20 psu salinity treated discharge water. NOEC and LOEC value of B. plicatilis and P. olivaceus exposed at 20 psu salinity treated discharge water were 50.00% and 100.00%, respectively. In the chemical analysis results, total number of substances produced by AquaStar$^{TM}$ BWMS was 18 which were bromate, 7 volatile halogenated organic compounds, 7 halogenated acetic acids, 3 halogenated acetonitriles and chloropicrin. Eighteen substances did not consider as persistence and bioaccumulative chemicals. Uncertainty of toxic property of 18 substances was high. PECs of 18 substances calculated by MAMPEC model were ranged from $4.58{\times}10^{-4}$ to $4.87{\mu}g\;L^{-1}$, PNECs of them were ranged from $1.6{\times}10^{-2}$ to $3.2{\times}10^2{\mu}g\;L^{-1}$. And, the PEC/PNEC ratio of 18 substances did not exceed 1. Therefore, ERA for produced substances indicate that the discharge water treated with AquaStar$^{TM}$ BWMS does not pose unacceptable effect on marine life. And $EC_{50}$ value of S. costatum on discharge water treated by BWMS using the electrolysis had positive correlation with initial TRO concentration, concentration and kind & level of HAAs.

• Journal of Environmental Impact Assessment
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• v.29 no.3
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• pp.157-181
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• 2020

Sediments from rivers, lakes and marine ports serve as end points for pollutants discharged into the water, and at the same time serve as sources of pollutants that are continuously released into the water. Until now, the contaminated sediments have been landfilled or dumped at sea. Landfilling, however, was expensive and dumping at sea was completely banned due to the London Convention. Therefore, this study applied contaminated sedimentation soil of 'Royal Palace Livestock Complex' as soil purification method. Soil remediation methods were applied to pretreatment, composting, soil washing, electrokinetics, and thermal desorption by selecting overseas application cases and domestically applicable application technologies. As a result of surveying the site for pollutant characteristics, Disolved Oxigen (DO), Suspended Solid (SS), Chemical Oxygen Demand (COD), Total Nitrogen (TN), and Total Phosphorus (TP) exceeded the discharged water quality standard, and especially SS, COD, TN, and TP exceeded the standard several tens to several hundred times. Soil showed high concentrations of copper and zinc, which promote the growth of pig feed, and cadmium exceeded 1 standard of Soil Environment Conservation Act. In the pretreatment technology, hydrocyclone was used for particle size separation, and the fine soil was separated by more than 80%. Composting was performed on organic and Total Petroleum Hydrocarbon (TPH) contaminated soils. TPH was treated within the standard of concern, and E. coli was analyzed to be high in organic matter, and the fertilizer specification was satisfied by applying the optimum composting conditions at 70℃, but the organic matter content was lower than the fertilizer specification. As a result of continuous washing test, Cd has 5 levels of residual material in fine soil. Cu and Zn were mostly composed of ion exchange properties (stage 1), carbonates (stage 2), and iron / manganese oxides (stage 3), which facilitate easy separation of contamination. As a result of applying acid dissolution and multi-stage washing step by step, hydrochloric acid, 1.0M, 1: 3, 200rpm, 60min was analyzed as the optimal washing factor. Most of the contaminated sediments were found to satisfy the Soil Environmental Conservation Act's standards. Therefore, as a result of the applicability test of this study, soil with high heavy metal contamination was used as aggregate by applying soil cleaning after pre-treatment. It was possible to verify that it was efficient to use organic and oil-contaminated soil as compost Maturity after exterminating contaminants and E. coli by applying composting.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

• Journal of Conservation Science
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• v.25 no.3
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• pp.283-291
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• 2009

Methyl Bromide that was used as fumigation gas turned out to be the substance of destroying the ozone layer. For that reason, at the Montreal Protocol in 1987 the use of methyl bromide was forbidden starting 2005 in the advanced country. Also according to the 2007 Bali Protocolly methyl bromide is expected to be forbidden and therefore the purpose of this study is to find out the effects of substitution fumigation gas (Ethylene Oxide+HFC 134a, Methyl Iodide, Cyanogen and Argon) on the metal(silver, copper and iron), wood(oregon pine), pigment(yellow, red, blue, white and black), textile(hemp, ramie, jute, silk1 and silk2 / indigo, safflower and cork) and paper. After the fumigation test, ethylene oxide+HFC 134a did not have changes in the weight and color of the material itself before and after the experiment. On exterior alteration, color change occurred partly on paper and metal. Also, in most materials color change extent was 0.5 to 1.5 on the average and showed scanty difference. The materials after the fumigation test with methyl iodide did not show weight changes after the test. However, color changes more than 1.0 was shown in most of the materials especially in dyed textile material. In blue pigment, the discoloration on the surface could be seen by naked eyes. Fumigation test with cyanogen gas did not show weight changes and discoloration is more than 1.5 before and after the test. The weight changes of test materials with the argon gas was decreased about 3 to 6%. It can be observed that discoloration on paper was generated. Color changes can be seen on jute dyed with safflower and cork for two weeks with argon gas and the extent was 6.3 and 6.0.

• Journal of Hospice and Palliative Care
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• v.16 no.1
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• pp.10-19
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• 2013

Purpose: Home-based care providers were surveyed to assess the effect of collaborative service between Gyeongnam Regional Cancer Center (GRCC) and public health centers (PHCs) in Gyeongnam province. Methods: Twenty home-based care providers who had previously participated in the GRCC-PHC care project were recruited from nine PHCs and were surveyed using a questionnaire developed by specialists. Questions were rated using the 5-point Likert scale ranging from "strongly disagree (-2)" to "strongly agree (+2)" and each score was multiplied by the corresponding number of respondents (n=20) with the maximum score of 40. Results: Between January 2008 and December 2011, 73 patients were registered to the collaborative service: 72 by GRCC and one by PHC. Home-based care providers marked the highest score (23 points) to "The collaborative service contributed to patients and their family's psychological stability" and the lowest score (11 points) to "The collaborative service was generally helpful for home-based cancer management." For possible suggestions to improve the service, the highest score (35 points) was given to "Simplification of the hospitalization process" followed by "Substantial benefits for patients at their visit to the hospital" (34 points). Conclusion: The results revealed several limitations of the GRCC-PHC collaborative care service for terminal cancer patients. The service could be further improved by developing measures to address the limitations and a service model tailored to region-specific needs.

• Journal of the Korean Society for Marine Environment & Energy
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• v.10 no.3
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• pp.127-137
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• 2007

To confirm whether or not the Electrochemical Disinfection System (EDS) meet with the D-2 regulation established by IMO (International Maritime Organization), the biological treatment efficacy of the EDS was assessed using three groups of natural marine plankton (bacteria, $10-50\;{\mu}m$ and $>50\;{\mu}m$ sized organisms). Influent water was passed through the EDS under the flow velocity ($23.8\;m^3/hr$) and test design was consisted of control (no treatment) and experimental (10 ppm and 30 ppm) condition for total residual chlorine (TRC). And the biological condition of the influent water followed the standards established by the guidelines for the approval of ballast water management systems. The disinfection efficacy of the $10-50\;{\mu}m$ sized organisms (phytoplankton) was assessed by three kinds of measurements using photomicroscope, epifluorescence microscope and fluorometer (fumer Designs 10-AU). After being passed through the EDS, all motile phytoplankton lost their motility under photomicroscope, the colour of chlorophyll fluorescence fumed from red into green under epifluorescence, and the high chlorophyll fluorescence (Expt. 1: 6.95, Expt. 2: 7.11) detected by fluorometer decreased into value not detected. These results indicated phytoplankton community was totally killed after electrochemical disinfection treatment. Survivorship of the larger organisms than $50\;{\mu}m$ was determined based on the appendage's movement under a stereomicroscope. Natural assemblage collected from ambient seawater was killed shortly after being passed through the EDS, whereas some Artemia remained alive. However, no live Artemia was found after 24 hour further exposure to each TRC concentration (10 and 30 ppm) under darkness. After electrochemical treatment, the target bacteria such as aerobes, coliform and Escherichia coli were completely killed on the basis of CFU (colony forming unit) on Petrifilm plate ($3\;M^{TM}$) after 48 hr incubation. Moreover, no regrowth was found in the three groups of plankton during five days under additional exposure to the treated water. These results indicated that the disinfection efficiency of the EDS on the three groups of plankton satisfy D-2 regulation.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.311-336
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• 2015

This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.