• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

• Journal of the Korea Convergence Society
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• v.11 no.12
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• pp.329-341
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• 2020

As COVID-19 pandemic sweeps across the world, more than 45 million confirmed cases and over 1,000,000 deaths have occurred till now, and this situation is expected to continue for some time. In particular, more than half of the infections in European countries such as Italy and Spain occurred in nursing homes, and it is reported that over 4,000 people died in nursing homes for older adults in the United States. Therefore, the issues that need to be addressed after the COVID-19 crisis include finding a fundamental solution to group care and shifting to family-centered care. More specifically, it is expected that there will be ever more lively discussion on establishing and expanding hyper-technology based community care, that is, family-centered care integrated with ICT and other Industry 4.0 technologies. This poses a challenge of how to combine social security and social welfare with Industry 4.0 in concrete ways that go beyond the abstract suggestions made in the past. A case in point is the proposal involving smart welfare cities. Given this background, the present paper examined the concept, scope, and content of non-face-to-face care in the context of previous literature on the function and scope of the social security platform, and the concept and expandability of the smart welfare city. Implementing a smart city to realize the kind of social security and welfare that our society seeks to provide has significant bearing on the implementation of community care or aging in place. One limitation of this paper, however, is that it does not address concrete measures for implementing non-face-to-face care from the policy and legal/institutional perspectives, and further studies are needed to explore such measures in the future. It is expected that the findings of this paper will provide the future course and vision not only for the smart welfare city but also for the social security and welfare system in administrative, practical, and legislative aspects, and ultimately contribute to improving the quality of human life.

• Journal of Korean Society of Forest Science
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• v.109 no.4
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• pp.371-381
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• 2020

The Ministry of Environment (ME) is planning to adopt in 2020 the IUCN regional Red List for "Guidelines for listing and delisting rare & endangered species and management of endangered Species System". The ME designated 377 species of vascular plants on the regional Red List. In a previous study it had been suggested that 103 species from this list are candidates for the regional Red List. With respect to a possible Red List, we assessed 59 species (after excluding 34 additional NA species and ten endemic species). These assessments indicated that 16 species are at the "threatened" level. Of those, one species is Critically Endangered, ten are Endangered, and five are Vulnerable. A further four species are classified as Near Threatened, 30 as Of Least Concern, and nine as Data Deficient. We found that most of the assessments proposed by the Ministry of Environment were not supported by scientific data, including quantitative geographic data (over 70%) in Criteria B. In order to determine the endangered species belonging to the orchid family, it is necessary to obtain records of illegal activities or data on overcollection. The current problem with the Ministry of Environment Red List has been the lack of management of scientific data on species showing a trend in decreasing population in the mid- to long-term; thus, there is a lack of critical resources for policy-makers. The ME legally designated categories and assessment, and the lack of expertise in failing to comply with the legal law by itself. The key to presenting an accurate overview of the state of Korean flora is to fill the information gaps with respect to significant geographical and taxonomical biases in the quality and quantity of data. By regularly updating the qualified data, we will be able to track the changes in the conservation status of the flora and inform the necessary conservation policies.

• Korean Journal of Environment and Ecology
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• v.34 no.6
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• pp.530-542
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• 2020

This study surveyed the central mountain area of Demilitarized Zone (DMZ) from March to October 2018 to reveal the appearance patterns of freshwater fish. We collected 7,744 individuals of 43 species in 12 families with skimming nets and cast nets in 12 stations during the survey. The dominant species was Zacco koreanus (30.3%), and the subdominant species was Z. platypus (18.5%), followed by Rhynchocypris oxycephalus (10.0%), R. steindachneri (6.7%), Microphysogobio yaluensis (5.9%), Acheilognathus signifer (4.5%), Pungtungia herzi (4.2%), and Orthrias nudus (2.6%). Among the collected species, four were legally protected. They included Hemibarbus mylodon, which was a natural monument, and Lethenteron reissneri, A. signifer, and Pseudopungtungia tenuicorpa, which were class II endangered wildlife designated by the Ministry of Environment. Twenty Korean endemic species (46.5%) and one exotic species, Micropterus salmoides, were also collected. Additionally, three climate-change sensitive species, R. kumgangensis, Ladislavia taczanowskii, and Cottus koreanus, and three landlocked species, L. reissneri, C. koreanus, and Rhinogobius brunneus appeared. The dominant species in each station were Z. koreanus (15 stations), Z. platypus (four stations), R. oxycephalus (four stations), and C. koreanus (one station). The species dominance index decreased from upstream to downstream (mainstream of Gimhwanamdae Stream), while the species diversity index and the species richness index increased. The community structure of the rivers was divided into the uppermost stream, upper stream, Han River, and Imjin River. Compared to antecedent surveys, this study collected the highest number of species. Two new species (Sarcocheilichthys variegatus wakiyae and Micropterus salmoides) were caught, while six species (Siniperca scherzeri, Leiocassis ussuriensis, Brachymystax lenok tsinlingensis, Rhodeus ocellatus, Abbottina springeri, Aphyocypris chinensis) did not appear. Gimhwanamdaecheon Stream has high biological value with the inhabitation of many species, including species under legal protection and high diversity and richness index scores. This paper also discussed a protection plan for this area.

• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• (The)Study of the Eastern Classic
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• no.67
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• pp.345-378
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• 2017

In the scriptures of "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)", the expression method of '$Ch{\bar{u}}n-w{\acute{a}}ng-zh{\bar{e}}ng-yu{\grave{e}}$(春王正月 : It's spring. It's the first month regulated by the king.)' was used as Jì-yuè-fǎ(紀月法 : the rules to determine the first month(正月)), the month of winter solstice was regarded as the first month of a year, and three years since then were named as $Ch{\bar{u}}n$(春 : spring). With regard to this "$Ch{\bar{u}}n-qi{\bar{u}}$"Wáng-lì("春秋"王曆 : the calendar regulated by the king of $Zh{\bar{o}}u$(周) dynasty in "$Ch{\bar{u}}n-qi{\bar{u}}$"), depending on whether Confucius(孔子) changed and recorded the names of the months and the season or not, there were three different arguments; the theory that 'Confucius changed the names of both the months and the season'(孔子改月 改時說), the view that 'Confucius changed the name of the season, not the names of the months'(孔子不改月 改時說), and then the theory that 'Confucius changed neither the names of the months nor the name of the season'(孔子不改月 不改時) since Song(宋) dynasty. The first view was taken by $Hh{\acute{u}}-{\bar{a}}n-gu{\acute{o}}$(胡安國) and $C{\grave{a}}i-ch{\acute{e}}n$(蔡沈), and the second theory was mentioned by Chéng-yí(程?) and Zhū-zǐ(朱子). The advocates of the third view had become remarkable since Ming(明) dynasty, and one of representatives was Wàng-yáng-míng(王陽明). All of them based their arguments on ancient scriptures and Confucian legal books, and there were cases of taking the same records as the support for different opinions. Confucius' so-called 'Chūn-qiū-bǐ-fǎ(春秋筆法 : the method to describe historical facts by making clear discrimination between right and wrong)' and '$Sh{\grave{u}}-{\acute{e}}r-b{\grave{u}}-zu{\grave{o}}$(述而不作 : the attitude to succeed virtuous men's achievements and only explain and describe them not creating and adding new contents)' could come from thoughts of $Z{\bar{u}}n-w{\acute{a}}ng$(尊王 : to respect the king with the virtues of benevolence, righteousness, propriety, wisdom and sincerity). Therefore, even though Confucius is assumed to have been the writer of "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)", whether he actually changed and recorded the names of the months and the season in the calendar used in "$Ch{\bar{u}}n-qi{\bar{u}}$" is doubtful. These theories on Confucius's intervention in the calendar of "$Ch{\bar{u}}n-qi{\bar{u}}$" hadn't been discussed as conflicting in reality until Tang(唐) dynasty.

• (The)Study of the Eastern Classic
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• no.50
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• pp.89-120
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• 2013

The concept of virtue seems to be one of the rare cases where the European and the Chinese traditions coincide. The meaning of the Latin word virtus and of Greek $aret{\acute{e}}$ seems to be similar to the Chinese $d{\acute{e}}$德. Most striking in virtue is that it is a capacity for self-realisation through action which is unique to man. On the other hand, there is something physical about it. It is the strength to do something. This strength overcomes the resistance of what is naturally given, it transforms the world, turns the natural world into a human one. In the Chinese tradition, $d{\acute{e}}$ 德, i.e. virtue, is therefore always connected with $da{\grave{o}}$ 道, the totality of natural forces. In the Chinese tradition, as opposed to the European one, virtue is itself considered to be a natural force that is present in man. This force sustains man's connectedness, unity and harmony with the surrounding world. Things exist through the unity of principle理 and ether氣. But the knowledge of this unity is due to principle. Moral and legal norms are shifted totally to the sphere of principle. Therefore their have found the final dissolution from a heroic models. Above all the classical Confucians, but also the other schools, would reply to this that there is nothing more precise than a concrete successful action. Its result fits the world perfectly. The difference is due to the differing interest of ethical thought. In the case of the Confucians the path is more direct. The actor establishes a precise pattern for other actions. Education therefore lies in detailed knowledge about forms of behaviour, not so much in conceptual differentiation. It is quite possible that generalisation may be a methodical prerequisite for success in this endeavour. That problem, too, is discussed. But the success of conceptualisation lies in the successful performance of individual actions, not in shaping actions in accordance with normative concepts.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.30 no.4
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• pp.342-352
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• 2020

Objectives: The characteristics of research workers are different from those working in the manufacturing industry. Furthermore, the reagents used change according to the research due to the characteristics of the laboratory, and the amounts used vary. In addition, since the working time changes almost every day, it is difficult to adjust the time according to exposure standards. There are also difficulties in setting standards as in the manufacturing industry since laboratory environments and the types of experiments performed are all different. For these reasons, the measurement of the working environment of research workers is not realistically carried out within the legal framework, there is a concern that the accuracy of measurement results may be degraded, and there are difficulties in securing data. The exposure evaluation based on an eight-hour time-weighted average used for measuring the working environment to be studied in this study may not be appropriate, but it was judged and consequently applied as the most suitable method among the recognized test methods. Methods: The investigation of the use of chemical substances in the research laboratory, which is the subject of this study, was conducted in the order of carrying out work environment measurement, sample analysis, and result analysis. In the case of the use of chemical substances, after organizing the substances to be measured in the working environment, the research workers were asked to write down the status, frequency, and period of use. Work environment measurement and sample analysis were conducted by a recognized test method, and the results were compared with the exposure standards (TWA: time weighted average value) for chemical substances and physical factors. Results: For the substances subject to work environment measurement, the department of chemical engineering was the most exposed, followed by the department of chemistry. This can lead to exposure to a variety of chemicals in departmental laboratories that primarily deal with chemicals, including acetone, hydrogen peroxide, nitric acid, sodium hydroxide, and normal hexane. Hydrogen chloride was measured higher than the average level of domestic work environment measurements. This can suggest that researchers in research activities should also be managed within the work environment measurement system. As a result of a comparison between the professional science and technology service industry and the education service industry, which are the most similar business types to university research laboratories among the domestic work environment measurements provided by the Korea Safety and Health Agency, acetone, dichloromethane, hydrogen peroxide, sodium hydroxide, nitric acid, normal hexane, and hydrogen chloride are items that appear higher than the average level. This can also be expressed as a basis for supporting management within the work environment measurement system. Conclusions: In the case of research activity workers' work environment measurement and management, specific details can be presented as follows. When changing projects and research, work environment measurement is carried out, and work environment measurement targets and methods are determined by the measurement and analysis method determined by the Ministry of Employment and Labor. The measurement results and exposure standards apply exposure standards for chemical substances and physical factors by the Ministry of Employment and Labor. Implementation costs include safety management expenses and submission of improvement plans when exposure standards are exceeded. The results of this study were presented only for the measurement of the working environment among the minimum health management measures for research workers, but it is necessary to prepare a system to improve the level of safety and health.