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Legal and Regulatory Issues in Genetic Information Discrimination - Focusing on Overseas Regulatory Trends and Domestic Implications - (유전정보 차별금지의 법적문제 - 외국의 규율 동향과 그 시사점을 중심으로 -)

  • Yang, Ji Hyun;Kim, So Yoon
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.237-264
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    • 2017
  • With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

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A Study for the Certified Security Certification in Private Security Industry in Korea (민간경비 자격제도에 관한 연구)

  • Ahn, Hwang-Kwon
    • Korean Security Journal
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    • no.11
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    • pp.159-181
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    • 2006
  • This study is concerned on Why The Certified Security certification is needed and How to control the security quality to get better service to the clients. Theses days are required The Certified Certificate in all the industry. And in this point of view, the certified certificate is a kind of confirmation by an authority to the person who has how much special knowledge and practice in a certain field. Moreover, in the functionalism society the certified certificate system would be very positive effect to the related industry and society as official measurement by an authority. The security is freedom from fear and anxiety. Which means the security can not be operated in isolation from citizen's safe-living expectation, and which is also dealing with valuable human being's life. For getting the better purpose the security industry employees should have more organized special training and education. As my understanding the certified certificate exam system is the confirmation by an authority, the certified certificate is only neutral evidence to get the confidence and credit from the clients. In this point of view the core point is How to control The Certified Certificate by a credied authority.

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A Study on students' consciousness regarding their plans after graduation Education of Guard and Security Major (경호관련학과 대학생의 진로의식에 관한 연구)

  • Kim, Chang-Ho;Jung, Jsug-Suk;Lee, Young-Oh
    • Korean Security Journal
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    • no.11
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    • pp.21-36
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    • 2006
  • This study aims to grasp the general conditions regarding university students in security related majors in Korea. Followings will be covered here: what motivated them to choose those majors, how much are they satisfied with major curriculum course after matriculation, whether they got jobs through the education, what is their consciousness on their majors, jobs, and courses like, and what effects their job preference. And this study also aims at helping the students with their future plans such as admission to a school of higher grade and choosing their job. For this study, we distributed 340 cpoies to the students in security related majors at 4 four-year colleges and 1 two-year college, and collected 298 copies by means of quota sampling method. For collected questionnaires, we used individual T-test verification and one-way ANOVA analysis to grasp the situation. Significance standard for the test results was set as p<0.05. Following are the test results. First, the analysis on students' satisfaction rate resulted in male students' average of 2.42, compared to female students' average of 2.10, which shows female students have higher satisfaction rate in choosing their majors than male students. Secondly, The results on analysis of satisfaction rate on their curriculums, classes, and majors show that students in security-related majors showed different satisfaction rate and different averages according to their sex and the year of the college. The study indicates that males have higher satisfaction rate on curriculum than females, with male students' average of 2.63 and female students' average 2.88. According to the year of the college, there was a significant difference statistically, Statistics show that students at two-year college have higher satisfaction rate than those at four-year college, with two-year college students' average of 2.48 and four-year college students' of 2.74. students have the average of 3.56. The higher year they were in, the more improvement the curriculum required. When it comes to convenience offer for employment, male students expected more from school than female students, with males' average of 2.74 and females' average of 4.07. Male students marked higher than female students in the extent of job information offer, with males' average of 2.96 and females' average of 2.59. Fourthly, when students in security-related majors were surveyed on their consciousness of their future plans such as getting jibs, two-year college students had more certificates of qualification for employment than four-year college students. What they do preponderantly in preparation for employment was studying foreign languages, which took up 40.4%. And when they were asked on their confidence for employment, positive answers were far more than negative ones with the percentage of 39.6%, while negative took up just 14.0%. Fifthly, when it come to the students in security-related students' job preferences, 49.2% preferred safe job conditions in public security area and 34% preferred private guard or private security organizations. And in the public security area, the highest percentage of 28.6 preferred to work in presidential security service. In the area of private security, 21.2% showed interests in private guard and private security organizations.

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The Study about Role and Importance of Site Activity Stage in Safety Activity for the International Conference among Several Countries (다자간 국제회의 안전활동에 있어서 현장활동단계의 역할 및 중요성에 관한 연구 : 부산 APEC 행사를 중심으로)

  • Lee, Sun-Ki
    • Korean Security Journal
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    • no.19
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    • pp.105-138
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    • 2009
  • This study's purpose is to present the improvement of effectiveness of security activity for international conference among Several Countries which can be held hereafter. On the basis of security activity problems originating in APEC that had been held in Busan in 2005. I made up questions three times to on the members of the police, military, fire figher and national intelligence service who had experienced in Busan APEC and recognition of possible problem and possibility of improvement on each item of questions was analyzed by Delphi Method. Also interviews with 4 security experts selected from each security agency were conducted to present improvement in each part of problem. The results obtained from the face to face interview with four experts of security-enforcement agency about the role and importance of site activity stage for international conference among several countries are as followings ; First, the system that experienced security-enforcement agents can be selected for the next national security event is needed, by data-basing the security-enforcement agents who were experienced in security event as man power management. Second, the middle-term plan for the introduction of high-tech equipment and joint inspection with relevant security agents are needed for the efficient explosive technical detection. Third, high-tech security equipment could be introduced through the international high-tech security equipment exhibition. Fourth, an anti-terrorism plan should be measured by sharing information through the cooperation with domestic and international intelligence agency. Fifth, public relations should be measured systematically by organization rather than agents' individual public relations. Sixth, political consideration to secure integrative coordination with other agency is needed for security activity, through normal cooperation with fire fighting related agency such as an electric, gas, elevator company. Seventh, a definite press guideline is needed for a convenient news coverage and safety during security event.

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Historical Review on the Security Service for the Royal Household in the "Goryeo" Era (고려시대 왕실호위제도의 사적 고찰)

  • Lee, Sung-Jin;Kim, Eui-Young;Lee, Jong-Hwan
    • Korean Security Journal
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    • no.14
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    • pp.413-429
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    • 2007
  • The Guard over the royal household in the "Goryeo" era was the same as if was over the President or Ruler of a nation today. In those days, a king represented a nation and any threat to the safety of a king could bring the destruction of a nation and the dispersion of the people. by reviewing the change of the 2-Gun 6-Wi system of the era, it can be, summed up as follow, Ther will be suggestions. The Guard might focus on a king's personal safety in the wake of the system of the Silla and Taebong dynasties until the establishment of the Goryeo Dynasty's unique political system. "Goryeo" rebuilt the royal palace in Gyeonyeong-gun to take the shape of unified country after its accomplishment of unification of the late three countries, Then it was afraid of the rebellion and uprising of local powerful clans, The country put them under control and organized the local army with them in the era of Kings, Seongjong, through the kings, Seongjong and Gwangjong. The army system of "Goryeo" consisted of 2-Gun and 6-Wi, and 2-Gun placed above the 6-Wi played the role of the Royal guards, and among the organizations a certain army under the specific name of "Gyeonyong-gun" guarded the kings in the nearest position. An aristocratic culture enjoyed its golden age in the period of stability of the aristocracy of "Goryeo", but afterward in the confusion of the aristocratic disruption and incompatible confrontation the country lost its control, and faced military rebellions by treating civil officials well and ill-treating military officials The safety of kings become unstable with the grasping political power by the military officials, and "Dobang" was established in the era of Choi's family to grasp political power. In the era of Choi Woo, he gathered his men and organized his familys army with them and managed the personnel administration with the civil officials of "Jeongbang and Seobang under his command. Such a fact shows the similarity to today's task of guarding. Considering the facts that "Sambyeolcho, the military ground of the military-men-rule, was at the center of the struggling against Mongolia and that even after the fall of the military regime, they rebelled and fought against Mongolia to the end, we came to know that the nationalism in the era of the military era was great. In the transition of external situations from "Myeong" to "Won"(Chinese dynasties), the conflict between the old "Won"-friendly power and the new "Myeong"-friendly power caused the weakness of the power to guard the royal household, and "Goryeo" at last gave way to the newly rising "Joseon" led by Lee, Seong Gye who won the people's confidence.

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A Study on the Reality and Improvement of Autonomous Police System in Jeju Special Self-Government Province (제주자치경찰 시스템의 실태와 발전모델에 관한 연구)

  • Cho, Chul-Ok
    • Korean Security Journal
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    • no.14
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    • pp.485-516
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    • 2007
  • Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

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Examination of the Current Situations of Security Dogs and it's Development Plans (경호탐지견의 운용실태 및 발전방안)

  • Park, Hyung-Kyu;Kim, Doo-Hyun
    • Korean Security Journal
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    • no.14
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    • pp.215-234
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    • 2007
  • Our country security industry 1960's service expense of the beginning U.S. army unit it accomplishes the growth which is quick with start, currently about 2,500 triumph the security enterprises which it goes over are being active. But the majority in these enterprise about lower cotton can a forever characteristic with pressure and the manpower civil official ability insufficient back of faithlessness management and capital power. To sleep with afterwords it presents the security dogs deployment plan for an efficient security together from the research which it sees hereupon and it does. First, it cultivates the domestic mountain progress dog which is a breed which is suitable with the security dogs and the shovel flesh dog back with the security dogs. Specially the Jindo of the breed which is excellent training which is suitable in task of the security dogs it leads and if it uses appropriately, it industrializes our specific the Jindo and protection there is a possibility of getting the effect which falls to also the gist which it rears rightly. It cultivate the second, security dogs and it magnifies training. The security dogs consequently is it will be able to accomplish the task above 2 branches to training method. Namely, after finishing obedience training, it is to be in security activity it will execute guard or detection back special training which is suitable in task and it will be able to commit. Third, it uses the security dogs which is trained rightly in task. The security dogs the adult escorts, facility expense, the explosive and narcotic drug detection, it will be able to use with the other blind man guidance dogs back. The narcotic drug detection dogs which currently is used specially technique intelligence anger, when considering the tendency of the narcotic drug smuggling offense field which becomes diversification that the role very it is important is a possibility of saying at day. It cultivate a fourth, escort relation specialty manpower and it improves the breed of the security dogs. The hazard which cultivate the security dogs use necessary personnel the breed of security dogs, the security dogs training center it opens the security crane relation subject of the college which stands and (university) it improves it establishes and training which is suitable in task it is to do to execute letting in the training map company. Specially, the hazard which improves the breed of security dogs in the progress mind quality which stands against the portion where the breed improvement is demanded as the portion where the internal organs research and investment are necessary sees. The security dogs compares in labor cost and the expense holds few, if it uses the our specific domestic dogs it will be able to use efficiently in the task which is various it solves the multi branch plans for wisly with the security dogs industrial development security of course contemporary history sliced raw fish sees demands compared to being immediacy and the life which is happy business the place where it does it sees it will be able to contribute a lot as.

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Effects of Leisure Time-Use and Occupational Performance according to the Participation of a Rehabilitation Sports Program for Intellectual Disabilities Residing in a Residential Care Facility (시설 거주 지적장애인들의 재활체육 프로그램 참여에 따른 여가시간 사용과 여가활동 수행에 미치는 영향)

  • Son, Sung-Min;Lee, Kyeong-Lark;Jeon, Byoung-Jin
    • The Journal of Korean society of community based occupational therapy
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    • v.6 no.2
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    • pp.51-59
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    • 2016
  • Objective : The purpose of study is to provide basic information about the effects of leisure time use and leisure activity performance for intellectual disabilities residing in a residential care facility by participating a regular rehabilitation sports program. Methods : Participants were recruited 8 individual with intellectual disability in a residential care facility in Yong-in city and the study period lasted 12 weeks, from september 1 to November 30 in 2015. As a program, participants participated a muscle strengthening exercise using a Gym-ball and a elastic band. In order to analyze leisure time-use, time questionnaire was used every month to analyze total time and exercise frequency. Also, analyze the effects of leisure activity performance, Canadian Occupational Performance Measure(COPM) was used to performance and satisfaction of dynamic leisure activity. Collected data was encoded by item and analyzed with SPSS ver18.0. Descriptive statistics were used for the participants' general information. A non-parametric test (the Friedman test) was used to analyze leisure time-use. A non-parametric test (the Wilcoxon's signed ranked test) was used to analyze to the effects of leisure activity performance. Statistical significance was accepted outside the 95% confidence interval. Results : The results of the total time and the exercise frequency showed significant increase. Also, the results of the performance and the satisfaction showed significant increase. Conclusion : Thus, the participation of the rehabilitation sports program is a vital element to lead to change leisure time use and leisure activity performance for intellectual disabilities residing in a residential care facility. Also, through the providing and the developing a regular rehabilitation sports program systematically, intellectual disabilities residing in a residential care facility have a higher quality of life and satisfaction of the daily routine and life in a residential care facility.

A Study of Domain Name Disputes Resolution with the Korea-U.S. FTA Agreement (한미자유무역협정(FTA)에 따른 도메인이름 분쟁해결의 개선방안에 관한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.167-187
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    • 2007
  • As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

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The Necessity and Method of Stand Density Control Considering the Shape Ratio of Pinus thunbergii Coastal Disaster Prevention Forests in South Korea (곰솔 해안방재림의 형상비를 고려한 밀도 관리의 필요성과 방안)

  • Kim, Suk-Woo;Chun, Kun-Woo;Park, Ki-Hyung;Lim, Young-Hyup;Yun, Ju-Ung;Kwon, Se-Myoung;Youn, Ho-Joong;Lee, Jin-Ho;Teramoto, Yukiyoshi;Ezaki, Tsugio
    • Journal of Korean Society of Forest Science
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    • v.104 no.3
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    • pp.411-420
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    • 2015
  • This study examined methods for stand density control by using shape ratio (tree height/DBH) and its application for effective management of Pinus thunbergii coastal disaster prevention forests. We analyzed the present conditions (height, DBH, and density) of P. thunbergii coastal disaster prevention forests at 123 study sites on Jeju Island and west, south, and east coasts of South Korea and compared them with results from previous studies. The average shape ratio for P. thunbergii showed positive correlations with stand density and was significantly higher on the west coast (66.32) than on the south (49.57) and east (48.19) coasts and Jeju Island (48.29). Stands with shape ratio higher than 70 accounted for 50% of the total study sites on the west coast, indicating a decrease in their disaster prevention function compared to that of other previous studies. The stand density in most coastal areas, except the east coast, was significantly higher than the standards recommended by the Korea Forest Service and the Forestry and Forest Products Research Institute of Japan, indicating the need for stand density control. According to the growth estimation equation for P. thunbergii in the coastal area of South Korea, density control is required for young stands less than 14 years old, which show drastic increase in the shape ratio, to conserve their disaster prevention function. Particularly, the first thinning of P. thunbergii forests should be implemented before the stand age of 8 years that a shape ratio exceeds 70. For disaster-prone young stands (${\leq}20cm$ DBH) of P. thunbergii, the stand density was higher in the standard of Japan considering shape ratio than in that of Korea aiming timber production. Hence, the standard guidelines employed in Japan, which assign higher importance to disaster prevention function based on field surveys, can be applied effectively for controlling the stand density of P. thunbergii coastal forests in South Korea, to improve their disaster prevention function.