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Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Future Direction of National Health Insurance (국민건강보험 발전방향)

  • Park, Eun-Cheol
    • Health Policy and Management
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    • v.27 no.4
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    • pp.273-275
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    • 2017
  • It has been forty years since the implementation of National Health Insurance (NHI) in South Korea. Following the 1977 legislature mandating medical insurance for employees and dependents in firms with more than 500 employees, South Korea expanded its health insurance to urban residents in 1989. Resultantly, total expenses of the National Health Insurance Service (NHIS) have greatly increased from 4.5 billion won in 1977 to 50.89 trillion won in 2016. With multiple insurers merging into the NHI system in 2000, a single-payer healthcare system emerged, along with separation policy of prescribing and dispensing. Following such reform, an emerging financial crisis required injections from the National Health Promotion Fund. Forty years following the introduction of the NHI system, both praise and criticism have been drawn. In just 12 years, the NHI achieved the fastest health population coverage in the world. Current medical expenditure is not high relative to the rest of the Organization for Economic Cooperation and Development. The quality of acute care in Korea is one of the best in the world. There is no sign of delayed diagnosis and/or treatment for most diseases. However, the NHI has been under-insured, requiring high-levels of out-of-pocket money from patients and often causing catastrophic medical expenses. Furthermore, the current environmental circumstances of the NHI are threatening its sustainability. Low birth rate decline, as well as slow economic growth, will make sustainment of the current healthcare system difficult in the near future. An aging population will increase the amount of medical expenditure required, especially with the baby-boomer generation of those born between 1955 and 1965. Meanwhile, there is always the problem of unification for the Korean Peninsula, and what role the health insurance system will have to play when it occurs. In the presidential election, health insurance is a main issue; however, there is greater focus on expansion and expenditure than revenue. Many aspects of Korea's NHI system (1977) were modeled after the German (1883) and Japanese (1922) systems. Such systems were created during an era where infections disease control was most urgent and thus, in the current non-communicable disease (NCD) era, must be redesigned. The Korean system, which is already forty years old, must be redesigned completely. Although health insurance benefit expansion is necessary, financial measures, as well as moral hazard control measures, must also be considered. Ultimately, there are three aspects that we must consider when attempting redesign of the system. First, the health security system must be reformed. NHI and Medical Aid must be amalgamated into one system for increased effectiveness and efficiency of the system. Within the single insurer system of the NHI must be an internal market for maximum efficiency. The NHIS must be separated into regions so that regional organizers have greater responsibility over their actions. Although insurance must continue to be imposed nationally, risk-adjustment must be distributed regionally and assessed by different regional systems. Second, as a solution for the decreasing flow of insurance revenue, low premium level must be increased to an appropriate level. Likewise, the national reserve fund (No. 36, National Health Insurance Act) must be enlarged for re-unification preparation. Third, there must be revolutionary reform of benefit package. The current system built a focus on communicable diseases which is inappropriate in this NCD era. Medical benefits must not be one-time events but provide chronic disease management. Chronic care models, accountable care organization, patient-centered medical homes, and other systems that introduce various benefit packages for beneficiaries must be implemented. The reimbursement system of medical costs should be introduced to various systems for different types of care, as is the case with part C (Medicare Advantage Program) of America's Medicare system that substitutes part A and part B. Pay for performance must be expanded so that there is not only improvement in quality of care but also medical costs. Moreover, beneficiaries of the NHI system must be aware of the amount of their expenditure through a deductible payment system so that spending can be profiled and monitored. The Moon Jae-in Government has announced its plans to expand the NHI system; however, it is important that a discussion forum is created so that more accurate analysis of the NHI, its environments, and current status of health care system, can take place for reforming NHI.

Characteristic Findings of Exercise ECG Test, Perfusion SPECT and Coronary Angiography in Patients with Exercise Induced Myocardial Stunning (게이트 심근관류 SPECT상 운동 유발성 기절심근을 보이는 환자의 운동부하 심전도, 관류 SPECT 및 심혈관 조영술 소견)

  • Ahn, Byeong-Cheol;Seo, Ji-Hyoung;Bae, Jin-Ho;Jeong, Shin-Young;Park, Hun-Sik;Lee, Jae-Tae;Chae, Shung-Chul;Lee, Kyu-Bo
    • The Korean Journal of Nuclear Medicine
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    • v.38 no.3
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    • pp.225-232
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    • 2004
  • Purpose : Transient wall motion abnormality and contractile dysfunction of the left ventricle (LV) can be observed in patients with coronary artery disease due to post-stress myocardial stunning. To understand clinical characteristics of stress induced LV dysfunction, we have compared the findings of exercise stress test, myocardial perfusion SPECT and coronary angiography between subjects with and without post-stress LV dysfunction. Materials and Methods : Among subjects who underwent exercise stress test, myocardial perfusion SPECT and coronary angiography within a month of interval, we enrolled 36 patients with post-stress LV election fraction (LVEF) was $\geq5%$ lower than rest (stunning group) and 16 patients with difference of post-stress and rest LVEF was lesser than 1 %(non-stunning group) for this study. Treadmill exercise stress gated myocardial perfusion SPECT was performed with dual head SPECT camera using 740 MBq Tc-99m MIBI and coronary angiography was also performed by conventional Judkins method. Results : Stunning group had a significantly higher incidence of hypercholesterolemia than non-stunning group(45.5 vs. 7.1%, p=0.01). Stunning group also had higher incidence of diabetes mellitus and lower incidence of hypertension, but these were not statistically significant. Stunning group had larger and more severe perfusion defect in stress perfusion myocardial SPECT than non-stunning group(extent 18.2 vs. 9.2%, p=0.029; severity 13.5 vs. 6.9, p=0.040). Stunning group also had higher degree of reversibility of perfusion defect, higher incidence of positive exercise stress test and higher incidence of having severe stenosis ($80{\sim}99%$) in coronary angiography than non-stunning group, but these were not statistically significant. In stunning group, all of 4 patients without perfusion defect had significant coronary artery stenosis and had received revascularization treatment. Conclusion : Patients with post-stress LV dysfunction had larger and more severe perfusion defect and severe coronary artery stenosis than patients without post-stress LV dysfunction. All of the patients without perfusion defect in stunning group had significant coronary artery stenosis and needed revascularization. Therefore, we suggest that invasive diagnostic procedures and therapeutic interventions might be needed in patients with post-stress LV dysfunction.

Myanmar's Macroeconomic changes and its Implications for the Invest of Korean Enterprises (미얀마 통상환경의 변화와 한국기업의 투자 및 진출에 관한 시사점)

  • Jung, Sung-Hoon;Kwon, O-Yoon
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.177-201
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    • 2011
  • Myanmar had fallen behind other southeast asian nations since Burmese way to Socialism settled down. However, historically second election in Myanmar hold in 2011 and dramatic changes in areas such as Special Economic Zone announcement, the very huge inflows of foreign direct investment in a year of 2009, the infrastructure building projects, a permit of the right to strike for Labour Organization in Myanmar etc. Particularly, Foreign investments and trade with neighbouring countries are actively growing and also with Korea. But investments of Korea in Myanmar relatively are not diversity, with limited sectors such as mining and sewing manufacturing. In this point of view, this paper is trying to make implications for strategies of entry and investments of Korea in Myanmar by using previous papers related to Myanmar economies, trade and foreign investments with updated statistical data. The implications for Korea is that recently Myanmar economy is in its early stages of development. Although it can occur huge demand of railway, road, communications and constructions related to social infrastructures essentially needed for development of a country, these sectors relatively need huge investments. On the other hands, textile and sewing industry relatively need smaller investments in which investors can utilize low labour cost and a position for export to third countries. But those firms which set up for those purpose in Myanmar might have trouble creating domestic markets in future. Moreover, due to demand which occur in the early stage of growth in Myanmar, trade volume tend to increase and trading is also possible to invest but Myanmar still have lots of problems with infrastructure such as road and logistics and we need to make pre-survey for the costs and benefits of our products Finally, Myanmar government is trying to promote and encourage some of industries such as export-oriented industry, import substitution industry and labour-intensive industry. It can also means they will accumulate capital which can be sources for Myanmar economic growth.

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A Comparative Study on the origin and development of Welfare State in Korea and France (한국과 프랑스 제 3공화국의 사회정책과 국가)

  • Na, Byong Kyun
    • Korean Journal of Social Welfare Studies
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    • v.44 no.3
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    • pp.371-393
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    • 2013
  • The objective of this article is to compare the characteristics and the origin of Welfare State in Korea and France. This study also finds out the causes of underdevelopment of Welfare State in Korea. In the third Republic of France, the first Industrial Accident Compensation Law was legislated in 1898. The discussion of the project of Law commenced in 1880. The Parliamentary Debate on the legislation of the Law had continued for 18 years. The leaders of the debate was the group of progressive Republicans(Radicals) in the French Parliament. In Korea, it was also in the period of the third Repulic, the President and several members of the Supreme Committee of National Reconstruction (Guk-Ga-Jai-Gun-Choi-Go-Ho-Eui), the authoritative military government who enacted and developed the Social Insurance Law of Industrial Accident Compensation, the first Law of Welfare State in Korea. However, Korea and France show more differences than similarities in the terms of the origin of the Welfare State. The motivations and goals of social policies of the two countries were quite different at the beginning stage. In France, the progressive Republicans of Parliament made welfare state policies in order to maintain the politico-social hegemony and social peace by provision of economic supports to workers. In Korea, the group of military officers had begun the welfare legislation in order to win the general election and obtain political power in 1963. Comparison on the origins of the welfare states in the two countries shows similarities as well as differences in terms of the role of actors. In France, the state and the owners of big enterprises had agreed and played positive roles in the legislation of the welfare state policies. However, the owners of small companies, merchants and farmers had played negative roles. Like the French case, Korean government and owners of big enterprises had played positive roles. The state as a major actor of the legislation of the social insurance programs in the two countries are slightly different. In Korea, the owners of small companies had played negative roles in making of medical insurance programs in 1976. Comparison of the current state of two welfare states shows substantial differences in terms of the development of the welfare state. What is the reason for such differences? Why does Korean Welfare State underdevelop? Historically, the developmentalism as an major ideology of the third Republic of Korea has continually influenced the underdevelopment of the Welfare State. It implies that Koreans have to invent a new ideology of Welfare State which can replace the developmentalism and support the development of Welfare State in the future. Without such a new ideology, it is very difficult to develop an european style welfare state in Korea.

Records Culture and Local autonomy (기록문화와 지방자치)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.26
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    • pp.63-93
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    • 2010
  • This document illustrates the culture of archives should be improved to get better in local autonomy. In 1994, the municipal elections were held to perform autonomous activities in Korea. It has been sixteen years, since the first municipal election had been held. The local autonomy can be accomplished well, based on the economic independence from the central government and growing awareness of locals. Not only that, if local records were well archived and suitably used, autonomy could be more active. However, since the independence from Japan in 1945, records of the self-government has not been archived well. Not only archives of local government have not been established, but also organization, budget and professional staff have not been arranged well. This brought about local records administration's inactive performance. As a result, numerous number of meaningful records are lost and people are difficult to make out the local administration policy. If the records of local government preserved well, administrative efficiency, responsibility, transparency can be realized in better way. When local officials' work experiences and achievements were on record and referred to a successor of officials properly, administrative efficiency would be highly promoted. In addition, with the well-preserved work records, people are able to see where the responsibility lies. A local autonomous entity might be able to obtain administrative transparency by showing administrative processes and results to locals to the public. In this manner, the premise to archive the records of local autonomous entity is to establish a department which can archive local records and the disposition of professional archivists. According to "the law on public archives management", the governor of a province should discuss with a minister of administration to set up plans for archives' establishment and management. In this way, local archives administration would work well, when not only the department of local records administration is established, but also the department of local archives places local records under their control at the same time. Moreover, based on active records movement, municipal officials and locals would realize the importance of local record and examine local records administration systems. Not only that, when local records are shown to public and utilized properly, the local autonomy would improve a lot.

The Study of Dose Change by Field Effect on Atomic Number of Shielding Materals in 6 MeV Electron Beam (6 MeV 전자선의 차폐물질 원자번호와 조사야 크기에 따른 선량변화 연구)

  • Lee, Seung Hoon;Kwak, Keun Tak;Park, Ju Kyeong;Gim, Yang Soo;Cha, Seok Yong
    • The Journal of Korean Society for Radiation Therapy
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    • v.25 no.2
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    • pp.145-151
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    • 2013
  • Purpose: In this study, we analyzed how the dose change by field size effects on atomic number of shielding materials while using 6 MeV election beam. Materials and Methods: The parallel plate chamber is mounted in $25{\times}25cm^2$ the phantom such that the entrance window of the detector is flush with the phantom surface. phantom was covered laterally with aluminum, copper and lead which thickness have 5% of allowable transmission and then the doses were measured in field size $6{\times}6$, $10{\times}10$ and $20{\times}20cm^2$ respectively. 100 cGy was irradiated using 6 MeV electron beam and SSD (Source Surface Distance) was 100 cm with $10{\times}10cm^2$ field size. To calculate the photon flux, electron flux and Energy deposition produced after pass materals respectively, MCNPX code was used. Results: The results according to the various shielding materials which have 5% of allowable transmission are as in the following. Thickness change rate with field size of $6{\times}6cm^2$ and $20{\times}20cm^2$ that compared to the field size of $10{\times}10cm^2$ found to be +0.06% and -0.06% with aluminum, +0.13% and -0.1% with copper, -1.53% and +1.92% with lead respectively. Compare to the field size $10{\times}10cm^2$, energy deposition for $6{\times}6cm^2$ and $20{\times}20cm^2$ had -4.3% and +4.85% respectively without shielding material. With aluminum it had -0.87% and +6.93% respectively and with lead it had -4.16% and +5.57% respectively. When it comes to photon flux with $6{\times}6cm^2$ and $20{\times}20cm^2$ of field sizes the chance -8.95% and +15.92% without shielding material respectively, with aluminum the number -15.56% and +16.06% respectively and with copper the chance -12.27% and +15.53% respectively, with lead the number +12.36% and -19.81% respectively. In case of electron flux in the same condition, the number -3.92% and +4.55% respectively without shielding material respectively, with aluminum the number +0.59% and +6.87% respectively, with copper the number -1.59% and +3.86% respectively, with lead the chance -5.15% and +4.00% respectively. Conclusion: In this study, we found that the required thickness of the shielding materials got thinner with low atomic number substance as the irradiation field is increasing. On the other hand, with high atomic number substance the required thickness had increased. In addition, bremsstrahlung radiation have an influence on low atomic number materials and high atomic number materials are effected by scattered electrons.

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