• Title/Summary/Keyword: 환경소송

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Accession of Korea to the Nagoya Protocol and its Economic Impact Analysis on Korean Bioindustry Companies (우리나라의 나고야의정서의 가입이 바이오산업에 미치는 경제적 영향 분석)

  • Park, Yong-Ha;Kim, Joon Sun;Choi, Hyun-Ah
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.39-57
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    • 2012
  • Analysis of the economic impact on Korean bioindustry companies was approached after Korea access to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (hereinafter 'the Protocol') enters into force. Cost analysis of the economic impact is based on the size of bioindustry market, dependency ratio on genetic resources abroad, ABS (Access and Benefit Sharing) ratio for royalty ratio. Korean bioindustry companies would have had to pay extra ABS cost around 1.3-6.0 billion won for using genetic resources abroad, if the Protocol had entered into force in 2009. And this cost is estimated to be around 13.6 - 63.9 billion won in 2015. All ABS costs account only about less than 0.01% of total Korean bioindustry volume of target years. These show us that joining the Protocol will not significantly impact the bioindustry market in Korea. If the Protocol enters into force, genetic resources users have to pay PIC (Prior Informed Consent) and MAT (Mutually Agreed Terms) cost before accessing the genetic resources outside of their country, regardless of the accession status of the country. This ABS costs and terms on provided genetic resources will be determined by compliance between genetic resources users and providers. As a genetic resources provider, Korean bioindustry companies will have advantage over technology transfer agreements, royalties, licensing agreements, and taxes on profits from patents including traditional knowledge. Also, Korean bioindustry companies are expected to get various socio-economic benefits such as patent litigation and regulatory proceedings as a genetic resources provider. Considering the advantages and disadvantages of the Protocol that Korean bioindustry companies will face together, the socio-economic impact of the Nagoya Protocol on Korean bioindustry companies is negligible regardless of the accession status of Korea to the Nagoya Protocol.

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The Development of Optimal Path Model for Transport of Hazardous Materials (위험물 소송을 위한 최적경로모형 개발)

  • 조용성;오세창
    • Proceedings of the KOR-KST Conference
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    • 1998.10b
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    • pp.508-508
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    • 1998
  • 위험물 차량사고는 일반차량의 교통사고시 발생하는 인명피해, 재산피해, 교통지체 외에 부가적으로 환경적 영향에 의한 엄청난 인명 및 재산손실을 유발시킬 수 있다. 따라서 이러한 위험물차량사고를 예방하고 피해를 최소로 줄이기 위해서는 위험물수송경로의 신중하고 체계적인 결정이 필수적이라 할 수 있다. 외국의 경우, 위험물의 방출이 미치는 환경적 영향에 대한 인식이 확대되면서 위험물 수송시 응급처리에 관한 연구, 위험물 수송에 따른 위험도 평가에 관한 연구, 위험물 수송시 고려해야할 여러 조건에 관한 연구, 위험물 수송경로 설정에 관한 연구 등이 진행되고 있다. 반면에 우리 나라는 위험물차량관리와 사고처리에 대해 실시간적인 관리를 목표로 하는 국가차원의 계획을 수립하고는 있지만, 현재 이와 관련된 연구는 거의 없는 실정이다. 앞으로 산업발달에 따른 위험물수송량의 증가와 환경의식의 변화에 따라 위험물수송 및 사고처리 등에 관한 연구가 필요할 것이다. 따라서, 본 연구는 위험물차량의 운송경로를 결정할 때 고려해야 할 여러 가지의 기준 및 목표에 따라 위험물수송경로를 설정하는 모형을 제시함으로써 위험물수송에 수반되는 위험을 최소화하면서 위험물차량의 통행시간, 거리, 비용 등을 최적화하여 위험물수송의 안전 및 운영효율성을 향상시키고자 한다. 먼저, 위험물 수송경로의 기준지표로 사용될 위험도를 산정하기 위해 링크 주변노출인구, 밀도 등을 변수로 하는 모형식을 제안하고, 두 번째로 산정된 위험도를 기반으로 최적경로를 결정하는 알고리즘을 제안하였다. 마지막으로 가상 네트웍에 본 연구에서 제안된 모형을 적용하고 현재 일반적으로 사용되는 최단경로와 비교·분석하였다.것은 운송거리와 운송비용이 각각 주요한 변수라는 것이다. 모형의 타당성을 검증하기 위해서는 logilikelihood 값을 구하여 $\rho$^2분석을 시행하였다. 여기서는 각 품목별로 $\rho$^2값이 약 0.15~0.3의 비교적 높은 수치를 보여주고 있으므로 모형의 설명력이 어느 정도 있다는 것이 아울러 증명이 되었다. 상관관계에 대한 분석에서는 영업용 차량간의 상관관계가 높게 나타났으며, 이는 곧 영업용 화물차량을 적재중량별로 구분하는 것이 별 의미가 없음을 의미한다. 다시 말하면 자가용 차량을 보유하고 있지 않은 회사는 다른 운송전문업체에 화물운송을 의뢰하게 되므로 출하중량에 따라 화물차량을 구분하는 것에 대해서 그다지 큰 고려를 하지 않는 것으로 해석할 수가 있다.적합함을 재확인함. 6. 혼잡초기를 제외한 혼잡기간 중 대기행렬길이는 밀도데이터 없이도 혼잡 상류부의 도착교통량과 병목지점 본선통과교통량만을 이용하여 추정이 가능함. 7. 이상에 연구한 결과를 토대로, 고속도로 대기행렬길이를 산정할 수 있는 기초적인 도형을 제시함.벌레를 대상으로 처리한 Phenthoate EC가 96.38%의 방제가로 약효가 가장 우수하였고 3월중순 및 4월중순 월동후 암컷을 대상으로 처리한 Machine oil, Phenthoate EC 및 Trichlorfon WP는 비교적 약효가 낮았다.>$^{\circ}$E/$\leq$30$^{\circ}$NW 단열군이 연구지역 내에서 지하수 유동성이 가장 높은 단열군으로 추정된다. 이러한 사실은 3개 시추공을 대상으로 실시한 시추공 내 물리검층과 정압

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A Study on Legislation Related to Noise Countermeasures in Military Airfield (군용비행장 소음대책 관련 입법안에 대한 연구)

  • Kim, Yong-Hun;Hawng, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.355-384
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    • 2017
  • In Korea, a Law on Airport Noise Prevention and Noise Control Area Support has been in effect since 2010. And also, airport noise measures project and residents support project conducted following the Law on Airport Noise Prevention and Noise Control Area Support. However, a Law on Airport Noise Prevention and Noise Control Area Support does not apply to military airfield. Many city residents already complain about military airport noise, but there are no countermeasures. They claim the noise from the military airfield is an intrusion on their lives, and some people brought a class action against the government. In the 20th National Assembly, some congressmen already proposed some legislations that aims to support residents adjacent to the military airfield. Nevertheless, relevant legislations are currently pending at the 20th National Assembly. Legislation preventing aircraft noise and providing support measures is essential to residents life who near by military airfield. At first, this study looked at legislations proposed by congressmen in the 20th National Assembly. And also, this study looked at A Law on the Improvement of Living Environment around the Defence Facilities of Japan. Based on this study, we did an analysis of the problem of legislation and proposed improvement suggestion. I hope so that this study could someday help congressmen make a legislation about military airfield noise. We hope the 20th National Assembly will pass the legislation finally to help the residents who near by military airfield relieve their pain by noise and restore their human dignity.

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Research for the Security Studies in the Universities of U. S. A. (미국 대학 시큐리티 교육내용에 관한 연구 -한국 대학교육과 비교를 중심으로-)

  • Gong, Bae-Wan
    • Convergence Security Journal
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    • v.11 no.2
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    • pp.35-43
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    • 2011
  • In the universities of U.S.A., Criminal Justice is the interdisciplinary study of the institutions and policies that constitute the criminal justice system, as well as theories of human behavior and philosophies of justice related to the maintenance of social order, the control of crime, and the achievement of a just society. There are 103 American Universities have Criminal Justice department and they provide about 180 differents courses as a pre-requisition or optional subject in the major. The most 10 courses that those colleges adopted are Introduction to Criminal Justice, Criminal Law, Criminology, Criminal Procedures, Research Methods in Criminal Justice, Criminal Investigation, Juvenile Justice, Terrorism, Ethical Issues in Criminal Justice, Introduction to Psychology or Introduction to Sociology. Also, 10 fields more important in the major if we group together similar courses those are Criminal Justice and Procedures Sequences, Law, Justice and corrections, Theory and Methods Sequences, Homelend Security and Security Operations, Forensics and Cybercrime, Management and Administration, Police, Race and Ethnicity, General Requirements, Other Social Science Fields. The combined degree program leading to Bachelor of Arts Degree in Criminal Justice and Master in Public Administration provides a concentration in criminal justice, management, administration, and leadership. They have big different courses between USA and Korea event though they have similar educative goal and way of approach to the target in the major.

Separation of the Heavy Metals by macrocycles- mediated Emulsion Liquid Membrane Systems (거대고리 화합물을 매질로한 에멀존 액체막게에 의한 중금속이온의 분리)

  • 정오진
    • Journal of Environmental Science International
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    • v.2 no.1
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    • pp.61-72
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    • 1993
  • Result of this study indicate that two criteria must be met in order to have effective macrocycle-mediated transport in these emulsionsystem. First, one must effective extraction of the post transition metals, $Cd^{2+}$. $Pb^{2+}$ and $Hg^{2+}$ , into toluene membrane. The effectiveness of this extraction is greatest if log K values for the metal-macrocycle interaction is large. Second, the ratio of the log K values for the metal ion-receiving phase to the metal ion-macrocycle interaction must be large enough to ensure quantitative stripping of the metal ion at the toluene phase interface. Control of the first step can be obtained by appropriate selection of macrocycle donor atom, substituents, and cavity radius. The second step can be controlled by selecting the proper complexing agent for inclusion in the receiving phase. The order of the transport, when using the several $A^-$ species such as $SCN^-$, $1^-$, $Br^-$ and $Cl^-$ is the order of the changing degree of solvation for $A^-$ and the transport of the metals is also affected by the control of concentration for receiving species because of solubility-differences. In this study, we can seperate each single metal ion from the mixture of $Cd^{2+}$, $Pb^{2+}$, and $Hg^{2+}$ ions by using the toluene membranes controlled by optimized conditions. Transport of the single metal is also very good, and alkaline and alkaline earth metals as interferences ions did not affect the seperation of the metals in this macrocycle-liquid membrances but transition metal ions were partially affected as interferences for the post transition metal ions.

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A Review of the Supreme Court Decision on Damages for the Airport Noise (항공기소음피해에 대한 국가배상판결에 대한 고찰)

  • Chae, Young-Geun
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.211-253
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    • 2005
  • Recently, the Korean Supreme Court released two important decisions concerning damages for the pain and suffering from Aircraft noise. The local people who are living near the Air Force practice site at Maehyang-ri and the Kimpo International Airport brought lawsuits against the Korean government requesting damages for their financial loss from the severe noise and the damages for their pain and suffering. Plaintiffs alleged that they suffered physical malfunctions, extreme disturbances and the reduction of property values from the extreme noises which were daily repeated. District Court of Seoul Province did not allow plaintiffs all but the damages for pain and suffering. Plaintiffs could not prove the causation between their financial loss and the noise. The Supreme Court confirmed the lower court's decision. Article V of the National Compensation Act (analogous to the Federal Tort Claims Act of the USA) reads, "the government shall be liable for any loss caused by the defect on establishment or maintenance of public facilities." In the two cases, the major issue was whether the government's establishment or maintenance of Air Force practice site and the airport was defective because they caused serious noise to surrounding neighbors. Previously, the Supreme Court interpreted the clause "defect on establishment or maintenance of public facilities" as failure of duty to provide safety measures to the degree generally required to ordinary manager. However the Court at this time interpreted differently that the defect could be found if the facility caused to any person loss to the degree intolerable. In the two cases the Court confirmed the lower court's finding that noise level at the site was severe enough to be intolerable. This standard is based on the severity of the loss rather than the failure of duty. It became easier for plaintiffs to prove the cause of action under this interpretation. The consequence of the ruling of these two cases is 'rush to the courtroom' by the local people at similar situations. The ruling of these two cases was not appropriate both in theory and in consequence. The Korean tort system is basically based on the theory of negligence. Strict liability is exceptional only when there is special legislation. The Court created strict liability rule by interpreting the Art. V of the National Compensation Act. This is against the proper role of the court. The result of the cases is also dismal. The government was already sued by a number of local people for damages. Especially the Department of Defense which is operating many airports nationwide has financial hardship, which will cause downsizing military practice by the Air Force in the long run, This is no good to anyone. Tens of millions of dollars which might be used for compensation might be better used to prevent further noise problem surrounding airports.

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Priority Area Prediction Service for Local Road Packaging Maintenance Using Spatial Big Data (공간 빅데이터를 활용한 지방도 포장보수 우선지역 예측 서비스)

  • Minyoung Lee;Jiwoo Choi;Inyoung Kim;Sujin Son;Inho Choi
    • Journal of Intelligence and Information Systems
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    • v.29 no.3
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    • pp.79-101
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    • 2023
  • The current status of local road pavement management in Jeollabuk-do only relies on the accomplishments of the site construction company's pavement repair and is only managed through Microsoft Excel and word documents. Furthermore, the budget is irregular each year. Accordingly, a systematic maintenance plan for local roads is necessary. In this paper, data related to road damage and road environment were collected and processed to derive possible areas which could suffer from road damage. The effectiveness of the methodology was reviewed through the on-site inspection of the area. According to the Ministry of Land, Infrastructure and Transport, in 2018, the number of damages on general national roads were about 47,000. In 2019, it reached around 38,000. Furthermore, the number of lawsuits regarding the road damages were about 93 in 2018 and it increased to 119 in 2019. In the case of national roads, the number of damages decreased compared to 2018 due to pavement repairs. To measure the priorities in maintenance of local roads at Jeollabuk-do, data on maintenance history, local port hole occurrence site, overlapping business section, and emergency maintenance section were transformed into data. Eventually, it led to improvements in maintenance of local roads. Furthermore, spatial data were constructed using various current status data related to roads, and finally the data was processed into a new form that could be utilized in machine learning and predictions. Using the spatial data, areas requiring maintenance on pavement were predicted and the results were used to establish new budgets and policies on road management.

Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.