• Title/Summary/Keyword: Controversies

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A Historical Analysis on the Limitation of Carriers' Liability (운송인(運送人)의 손해배상책임제한(損害賠償責任制限)에 관한 역사적(歷史的) 고찰(考察))

  • Oh, Soo-Geun
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.171-205
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    • 1993
  • On the contrary to the general principle of private law, carriers' liability for passengers and cargo owners have been quantatively limited in some cases. The author traces the rule of liability limitation in the law of Korea and United States to verify two hypotheses. The first hypothesis is that the rule of liability limitation has been introduced to motivate investment when new technology with high risk has been adopted in business. The second hypothesis is that the rule of liability limitation can be maintained only when damages have been fully compensated. The former is a necessary condition for liability limation, and the latter sufficient condition. There are strong evidences for the first hypothesis. Navigation or aviation, artificial satellite lauching, urban transportation system are good examples. The second hypothesis is supported by the fact that there have been continuous controversies on the Warsaw System, including the failure of ratification of Montreal Additional Protocols No.3 & 4 by the U.S. Senate and voluntary removal of liability limitation by the Japanese airline companies. Loss of cargo can be compensated fully, but damages from personal injury and death not. The value of human body and life is not easy to be estimated. Passengers, moreover, do not usually buy insurance for accidents in travel. Passengers do not accept insurance premium as the cost of being whole and alive. They do not accept accident rates realistically. They have no bargaining power in dealing with insurers. The rule of liability limitation in personal losses would not be supported in future because damages have not fully compensated.

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Podocytopathy and Morphologic Changes in Focal Segmental Glomerulosclerosis (초점분절사구체경화증에서 발세포병증과 형태 변화)

  • Jeong, Hyeon Joo
    • Childhood Kidney Diseases
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    • v.17 no.1
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    • pp.13-18
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    • 2013
  • Podocytopathy is glomerular lesions characterized by podocyte injury. It is observed in various glomerular diseases, but minimal change disease and focal segmental glomerulosclerosis (FSGS) are the prototypes. In this review, morphologic features of podocyte injury and subtypes of FSGS will be reviewed briefly. Effacement of podocyte foot processes is the most common feature of podocyte injury. As podocytic injury progresses, intracytoplasmic vacuoles, subpodocytic cyst, detachment of podocytes from the glomerular basement membrane and apoptosis develop. Glomerular capillary loops in epithelium-denuded area undergo capillary collapse. Synechia and hyalinosis may accompany this lesion. To manifest segmental sclerosis, podocyte loss above a threshold level may be required. Injured podocytes can injure neighboring intact podocytes, and thereby spread injury within the same lobule. FSGS can be categorized into five subtypes by morphologic characteristics; not otherwise specified (NOS), perihilar, cellular, tip, and collapsing types. Each subtype has been reported to show different clinical courses and associated conditions, but there are controversies on its significance. With recent progress in the discovery of genetic abnormalities causing FSGS and plasma permeability factors, we expect to unravel pathophysiology of FSGS and to understand histological sequences leading to FSGS in near future.

The importation of genetically modified crops and its environmental impacts in Korea

  • Han, Sung Min;Kim, Young Tae;Won, Ok Jae;Choi, Kyung Hwa;Rho, Young Hee;Park, Kee Woong
    • Korean Journal of Agricultural Science
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    • v.43 no.2
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    • pp.215-220
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    • 2016
  • The global cultivation area of genetically modified crops (GM crops) has been increasing every year. Cultivation of GM crops is not only beneficial to the economy but also has positive effects on the environment in decreasing the use of agrochemicals, chemical fertilizers, and agricultural machinery. However, there have been controversies about the admixture of GM crops and non-GM crops and the unintentional release of GM crops to the environment. Especially in Korea, where consumption of agricultural products is import-dependent, the economic importance of GM crops has been a significant issue. The Act on import and distribution of GM crops was established in 2001 to start the management of GM crops in Korea. Recently, the imported amount of GM crops to Korea has reached over 10 million tons and is increasing very rapidly; consequently, the potential environmental impact of GM crops is becoming a big issue in Korea. In Japan, the discovery of imported GM canola plants around ports in 2005 raised awareness of the unintentional release of GM crops. In Korea, GM maize plants were also found in port and feed factory surroundings from 2005 to 2007. It is now necessary to monitor imported GM crops by tracing distribution, transport process for practical environmental risk assessment. Possible gene transfer from GM crops to non-GM crops should also be investigated in the cultivation area and the surroundings as well.

A Comparative Study on Population Policies in Developing Countries (개발도상국들의 인구정책에 관한 비교연구 -출산조절정책을 중심으로-)

  • 안계춘
    • Korea journal of population studies
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    • v.9 no.1
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    • pp.54-68
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    • 1986
  • This study was designed to make a comparative analysis of fertility control policies in developing countries selected from Asia and Latin America. Considering the size and the density of population, the history of the fertility control policy, and the availability of references, eight countries were chosen among Asian developing countries that have adopted the fertility control as an official policy. All of nine countries in Latin America that have adopted family planning as an official policy were included in this study. An attempt was made to formulate an analytical framework to be used for a comparative analysis of fertility control policies. It can be represented by a continuum which consists of individual approaches and structural approaches to fertility control at both extremes. It represents fairly well the controversies between those who advocate family planning and those who advocate measures beyond family planning, but assumes that the two sides of the controversy form a continuum of approaches to fertility control. Various fertility control policies of each country were placed along this continuum and analyzed. The results of the analysis can be summarized as follows: (a) Those countries that have higher population pressure in terms of either the size of population or the population density tend to adopt fertility control policies earlier in time. (b) Those countries that have higher population pressure in terms of either the size of population or the population density tend to adopt more comprehensive measures along the continuum of fertility control policies. (c) Those countries that adopted more comprehensive measures along the continuum seem to have succeeded in reducing their level of fertility more effectively. (d) Developing countries in Asia tend to adopt more comprehensive measures to control fertility than those in Latin American countries. (e) The reduction of fertility in developing countries seems to be associated with both the fertility control policies and the level of socioeconomic development.

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Human Embryo Management System and Public Policy Options in the United Kingdom (영국의 배아관리체계와 공공정책의 선택)

  • Hwang Man-seong;Han Dongwoon
    • Health Policy and Management
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    • v.14 no.3
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    • pp.97-121
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    • 2004
  • Recently, human embryonic stem cell research raises exciting public expectation on medical possibilities as well as ethical debate. Embryo management has become an integral part of the management of infertility treatment, researches on embryo and human embryonic stem cells and so on. Britain has permitted the research on stem cells derived from human embryo which made the first nation to allow the cloning of human embryo for the stem cell research. However, new technologies such as the assisted reproductive technologies and human embryonic stem cell research continue to pose an increasing source of ethical dilemmas for physician, scientists, legislators, religious authorities and the general publics to deal with. None the less, the United Kingdom has adopted the most liberal policies regarding human embryo and human embryonic stem cell research. The implication of the British embryo management system are as follows: 1) the development of reproductive technologies and new stem cell research technologies continue to pose legal and ethical debates, since those involve several parties; 2) the UK has taken the legal and institutional approaches to cope with those serious issues; 3) the UK adopted most liberal policies regarding embryonic and human embryonic stem cell researches; 4) the British HFE Act is consistent with the existing Acts related to human embryo management and researches; 5) through amending the HFE Act to accomodate the changes of technologies, the UK try to minimize the legal and ethical burden on undertaking research regarding embryo. The debates about the researches on human embryo and human embryonic stem cells is likely to continue in the Korean society. Because of the controversy and competing ethical values, as well as the evolving technologies, so far no consensus exists in our society. It suggest that it is premature to bring closure by ruling out any particular approaches. Thus our society needs to make an efforts to find a basis which could resolve the societal controversies through enriching the societal conversation about the profound ethical issues regarding embryo management.

A Study on Social Control and Acceptance of Science and Technology: Focusing on Biotechnology (과학기술의 사회적 통제와 수용성 연구: 생명공학을 중심으로)

  • Lee Young-Hee
    • Journal of Science and Technology Studies
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    • v.1 no.1 s.1
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    • pp.71-103
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    • 2001
  • Usually social control and acceptance of science and technology is thought to be a separate or even confronting thing. But this paper aims to go beyond this simple and dichotomous thinking. Rather, this paper argues that social control and acceptance of science and technology can be combined altogether organically. In other words, this paper argues that social control of a particular science and technology has functional effects to the acceptance of that science and technology. Social control of a particular science and technology is a signal that something is going wrong; it reallocates attention and enhances social awareness; it evaluates ongoing activity; and it alters this activity in various ways to secure a sustainable future. In order to prove this functional hypothesis, this paper tries a case study of biotechnology from a perspective of sociology of science and technology. Especially social controversies around genetically modified organisms(GMOs) and embryo cloning in Korea are analysed deeply. As a conclusion, this paper proposes some policy implications of this study.

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E-government, Big Brother, Information Capitalism - Focusing on the NEIS Problem (전자정부, 빅 브라더, 정보자본주의 - 네이스 문제를 중심으로 -)

  • Hong Seong-Tae
    • Journal of Science and Technology Studies
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    • v.4 no.1 s.7
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    • pp.31-57
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    • 2004
  • Controversies over NEIS(Network of Education Information System) began with very deep concern about infringement of human rights stemming from NEIS. A large information system which accumulates and uses huge size of individual information is always able to deeply infringe on human rights. But the ministry of education would not do the best not to be 'Big Brother' being dazzled by instrumental efficiency of information technology. NEIS has demonstrated problems of the information policy of Korea strongly driven in the name of 'E-goverment'. It has very strong characteristic of the statist economic growth policy focusing on more economic possibility than other. In this situation, making money is easily considered more important than protecting human rights. Information capitalism is nurtured at the sacrifice of human rights. So, we have to face problems of 'E-goverment' in order to correct the NEIS problem, The most important task to correct the NEIS problem is to make an element law protecting privacy and to establish an independent national institute protecting privacy

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A Study on Legal Issues and Arbitration Appropriateness with Exclusive Contract of Entertainment Management (연예인 전속매니지먼트계약의 법적 쟁점과 중재적합성에 관한 연구)

  • Choi, Seung-Soo;Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.49-72
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    • 2009
  • Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

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A Study on Classification of Explosion Hazardous Area for Facilities using Lighter-than-Air Gases (공기보다 가벼운 가스 사용시설의 폭발위험장소 설정방안에 대한 연구)

  • Yim, Ji-Pyo;Chung, Chang-Bock
    • Journal of the Korean Society of Safety
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    • v.29 no.2
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    • pp.24-30
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    • 2014
  • There have been controversies over whether explosion hazardous area(EHA) should be classified for facilities which use lighter-than-air gases such as city gas, hydrogen and ammonia. Two view points are confronting each other: an economic piont of view that these gases are lighter than air and disperse rapidly, hence do not form EHA upon release into the atmosphere, and a safety point of view that they are also inflammable gases, hence can form EHA although the extent is limited compared to heavy gases. But various standards such as KS, IEC, API, NFPA do not exclude light gases when classifying EHA and present examples of EHA for light gas facilities. This study calculates EHA using the hypothetical volume in the IEC code where the hole sizes required for the calculation were selected according to various nominal pipe sizes in such a way to conform to the EHA data in the API code and HSL. Then, 25 leakage scenarios were suggested for 5 different pipe sizes and 5 operating pressures that cover typical operating conditions of light gas facilities. The EHA for the minimum leakage scenario(25 mm pipe, 0.01MPa pressure) was found to correspond to a hypothetical volume larger than 0.1 $m^3$(medium-level ventilation). This confirms the validity of classifying EHA for facilities using lighter-than-air gases. Finally, a computer program called HACPL was developed for easy use by light gas facilities that classifies EHA according to operating pressures and pipe sizes.

Mitogen-Activated Protein Kinase Signal Transduction in Solid Tumors

  • Lei, Yuan-Yuan;Wang, Wei-Jia;Mei, Jin-Hong;Wang, Chun-Liang
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.20
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    • pp.8539-8548
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    • 2014
  • Mitogen-activated protein kinase (MAPK) is an important signaling pathway in living beings in response to extracellular stimuli. There are 5 main subgroups manipulating by a set of sequential actions: ERK(ERK1/ERK2), c-Jun N(JNK/SAPK), p38 MAPK($p38{\alpha}$, $p38{\beta}$, $p38{\gamma}$ and $p38{\delta}$), and ERK3/ERK4/ERK5. When stimulated, factors of upstream or downstream change, and by interacting with each other, these groups have long been recognized to be related to multiple biologic processes such as cell proliferation, differentiation, death, migration, invasion and inflammation. However, once abnormally activated, cancer may occur. Several components of the MAPK network have already been proposed as targets in cancer therapy, such as p38, JNK, ERK, MEK, RAF, RAS, and DUSP1. Among them, alteration of the RAS-RAF-MEK-ERK-MAPK(RAS-MAPK) pathway has frequently been reported in human cancer as a result of abnormal activation of receptor tyrosine kinases or gain-of-function mutations in genes. The reported roles of MAPK signaling in apoptotic cell death are controversial, so that further in-depth investigations are needed to address these controversies. Based on an extensive analysis of published data, the goal of this review is to provide an overview on recent studies about the mechanism of MAP kinases, and how it generates certain tumors, as well as related treatments.