• Title/Summary/Keyword: Legal Protected Area

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Vascular Plants Distributed in the Iris koreana of Gaeamsa Temple and Soeppulbawi Rock Areas in Special Protection Zones of Byeonsanbando National Park (변산반도국립공원 특별보호구인 개암사 및 쇠뿔바위 지역의 노랑붓꽃 자생지에 분포하는 식물상)

  • Oh, Hyunkyung
    • Journal of Environmental Impact Assessment
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    • v.26 no.5
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    • pp.365-375
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    • 2017
  • This study investigated in the vascular plants of special protection zones (the native land of Iris koreana in Gaeamsa Temple and Soeppulbawi Rock) of Byeonsanbando National Park and identified the whole flora. The numbers of vascular plants were summarized as 255 taxa including 71 families, 166 genera, 222 species, 2 subspecies, 27 varieties and 4 forms. Woody plants were identified as 114 taxa (44.7%) and herbaceous plants as 141 taxa (55.3%). A total of 178 taxa were identified in the area of Gaeamsa Temple, and 184 taxa were found in the Soeppulbawi Rock. As a legal protected species, the endangered wild plant II grade Iris koreana designated by the Ministry of Environment was confirmed. A total of 6 taxa of rare plants were identified, each of which was divided into 1 taxa of critically endangered (CR; Iris koreana), 1 taxa of vulnerable (VU; Ilex cornuta), and 4 taxa of least concern (LC; Asarum maculatum, Viola albida, Chionanthus retusa and Tricyrtis macropoda). The Korean endemic plants were 11 taxa (Populus tomentiglandulosa, Lonicera subsessilis, Carex okamotoi, etc.). In the specific plants by floristic region were 38 taxa, a degree I were 23 taxa (Euscaphis japonica, Hedera rhombea, Lophatherum gracile, etc.), 7 taxa of a degree II (Viola violacea, Ainsliaea apiculata, Cephalanthera falcata, etc.), 6 taxa of a degree III (Ilex cornuta, Callicarpa mollis, Mitchella undulata, etc.), 1 taxa of a degree IV (Carex remotiuscula), 1 taxa of a degree V (Iris koreana). The Iris koreana special protection area that is more natural and healthier than any other areas in Byeonsanbando National Park. Therefore, it should be possible to continue its role as a special protection area through regular monitoring in the future.

Habitat Quality Analysis and Evaluation of InVEST Model Using QGIS - Conducted in 21 National Parks of Korea - (QGIS를 이용한 InVEST 모델 서식지질 분석 및 평가 - 21개 국립공원을 대상으로 -)

  • Jang, Jung-Eun;Kwon, Hye-Yeon;Shin, Hae-seon;Lee, Sang-Cheol;Yu, Byeong-hyeok;Jang, Jin;Choi, Song-Hyun
    • Korean Journal of Environment and Ecology
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    • v.36 no.1
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    • pp.102-111
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    • 2022
  • Among protected areas, National Parks are rich in biodiversity, and the benefits of ecosystem services provided to human are higher than the others. Ecosystem service evaluation is being used to manage the value of national parks based on objective and scientific data. Ecosystem services are classified into four services: supporting, provisioning, regulating and cultural. The purpose of this study is to evaluate habitat quality among supporting services. Habitat Quality Model of InVEST was used to analyze. The coefficients of sensitivity and habitat initial value were reset by reflecting prior studies and the actual conditions of protected areas. Habitat quality of 21 national parks except Hallasan National Park was analyzed and mapped. The value of habitat quality was evaluated to be between 0 and 1, and the closer it is to 1, the more natural it is. As a result of habitat quality analysis, Seoraksan and Taebaeksan National Parks (0.90), Jirisan and Odaesan National Parks (0.89), and Sobaeksan National Park (0.88) were found to be the highest in the order. As a result of comparing the area and habitat quality of 18 national parks except for coastal-marine national parks, the larger the area, the higher the overall habitat quality. Comparing the value of habitat quality of each zone, the value of habitat quality was high in the order of the park nature preservation zone, the park nature environmental zone, the park cultural heritage zone, and the park village zone. Considering both the analysis of habitat quality and the legal regulations for each zone of use, it is judged that the more artificial acts are restricted, the higher the habitat quality. This study is meaningful in analyzing habitat quality of 21 National Parks by readjusting the parameters according to the situation of protected areas in Korea. It is expected to be easy to intuitively understand through accurate data and mapping, and will be useful in making policy decisions regarding the development and preservation of protected areas in the future.

Legal Issues on Pharmacopunture (약침의 한방의료행위성에 대한 검토)

  • Jung, Kyu Won
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.3-20
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    • 2018
  • Pharmacopunture is a new combined method of acupunture and oriental drugs. Recently, this method is widely used to treat traffic accident patients in oriental medicine. However, there is no evidences of treatment, no information of effects and side-effects of this method, and no information of drugs used. In South Korea, western medicine and oriental medicine are regulated differently. When a new technology is invented in the area of western medicine, that method should pass several stages of clinical trials. After that processes, that method can be done as a medical practice. However, in the area of oriental medicine, there is no process like that. According to in South Korea, medical practice without license are composed of two behaviors. First type is that medical practice is done by a person who has no medical license. Second type is that medical practice is done by a person who has a medical license but the area of the license is different. Because of this reason, the distinction between the western medical practices and the oriental medical practices is very important. Medical practices are protected by license mainly because they can harm human life or body. When we invented new medical practice and try to practice it to the patients, we should consider the risk of that method whether it is western medical practice or oriental medical practice. It is not clear that the pharmcopunture which has been done is satisfied the standard of medical treatment.

Study on the Conservation Management System of China's Natural Reserve (중국 자연보호구의 보전관리체계에 관한 연구)

  • Yao, Zhang;Kim, Dong-Pil;Moon, Ho-Gyeong
    • Korean Journal of Environment and Ecology
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    • v.29 no.3
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    • pp.474-484
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    • 2015
  • This study aims at providing exercisable basic data for the management of protection areas in China by investigating into their legal system such as current laws, regulations, other relevant laws and international treaties and the management system such as history, classification, organization, personnel, funds and main management work.. In People's Republic of China (1954), several laws have been enacted in succession, such as Environment Law (1989), Regulations of Natural Reserves (1994) and Land Management Methods of Natural Reserves (1995). The development process of China's natural reserves is divided into the following five phases. In the initial phase (1956-1965), about 20 natural reserves were established; in the lag phase (1966-1978), a part of the natural reserves was destroyed under the influence of the Great Cultural Revolution; in the development phase (1979-1998), a normative legal system began to appear after the reform and opening up; in the leap phase (1999-2006), the number of natural reserves increased dramatically; in the stable phase ( 2007-present), the protection and restoration of the ecological environment have been implemented, and the supervision and management have been strengthened. China has established natural reserves of national, provincial, municipal and county levels according to the relevant laws. According to the resource categories, natural reserves can be divided into natural ecosystem reserves, wildlife reserves and natural relic reserves. The Ministry of Forestry is in charge of 1,958 natural reserves which account for 74.2 % of the total natural reserves in China. In China, there are 1,384 natural reserves (52.4 %) for which management institutions have been set up. 1,702 natural reserves (64.47 %) are equipped with management staff, showing a higher ratio than the natural reserves which have set up management institutions. China has established natural reserves of national level, provincial level, municipal level and county level according to law. According to the resource categories, natural reserves can be divided into natural ecosystem reserves, wildlife reserves, and natural relic reserves. The Ministry of Forestry is in charge of 1,958 natural reserves which accounts for 74.2 % of the total natural reserves in China. In China, there are 1,384 natural reserves (52.4 %) which have set up management institutions. 1,702 natural reserves (64.47 %) are equipped with management staff with a higher ratio than the natural reserves which have set up management institutions.

A Study on Present State of Preservation of Excavated Remains in Chungcheongnam-do and Preservation Methods (충청남도 발굴유구 보존현황 및 보존방안 연구)

  • Wi, Koang-Chul;Oh, Seung-Jun;Jung, Je-Won
    • Journal of Conservation Science
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    • v.33 no.6
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    • pp.541-552
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    • 2017
  • All excavated "buried cultural properties" are supervised by the Cultural Heritage Administration that decides whether to conserve them or not, depending on the necessity for conservation. Currently, there is no legal regulation concerning the administration of relics (including artifacts) and remains (including archaeological sites) that are relocated and restored based on such conservation decisions. Thus, administration of these cultural properties is inadequate. Under these circumstances, this paper recommends the current state of conservation and conservation methods for buried cultural properties excavated at Chungcheongnam-do thus far. Conservation of buried cultural properties excavated at Chungcheongnam-do primarily employ the "relocating and restoration" method; 23 relics and 46 remains employed relocation after dismantling and soil layer transcription method. Moreover, 27 remains were relocated after dismantling and 14 remains employed the transcription method. In terms of area, Buyeo-gun and Gongju-si had 12 relics accounting for about 50%, while according to the period, Baekjae period had 16 relics, accounting for about 70%. In terms of conservation facility, open-air facility had 33 relics, accounting for about 72%. Results of investigating the state of relics' management indicated that public institutions like a museum with a recognizable management system had their own work force and consequently ensured excellent conservation, whereas if there were no apparent responsible bodies, remains were subjected to considerable damage due to mismanagement. Therefore, this problem can be resolved by identifying a recognizable management body as well as ensuring periodical management and supervision. The excavated buried cultural properties are utilized not only for academic purposes, but also for PR or as exhibition material. Hence, this study confirms that meticulous management of buried cultural properties is currently required.

Does Baekdu-daegan Mountain System Has Enough Values for World Heritage Inscription? (백두대간보호지역은 세계유산 등재를 위한 충분한 가치를 갖고 있는가?)

  • Kim, Seong-il;Chang, Chin-Sung;Shadie, Peter;Park, SunJoo;Lee, Dong-Ho
    • Journal of Korean Society of Forest Science
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    • v.104 no.3
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    • pp.476-487
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    • 2015
  • This study was conducted to analyze the potential of Baekdu-daegan Mountain System (BDMS) in the Republic of Korea for World Heritage inscription and undertook preliminary global comparative analysis. UNEP WCMC global datasets, World Heritage global gap analyses and thematic studies conducted by IUCN were reviewed to see if the BDMS could have been identified within these as a priority area for World Heritage. With respect to potential Outstanding Universal Value this study found that the case for BDMS was weak. The BDMS lies within biogeographic regions which are already represented on the World Heritage List and at a global scale its natural values do not stand out. It was emphasized that a more fine scale analysis of the values should be undertaken. The BDMS stands out at a global scale in terms of the degree of contiguity between protected areas along its length and the legal and institutional frameworks established in the Republic of Korea. The BDMS has potential for a trans-national and serial properties along the full length of the BDMS, if two Koreas agree to work together.

International Trend and Issues in Protecting and Promoting the Rights of Older Persons (노인 인권 보호·증진의 국제적 동향과 쟁점)

  • Choi, Sung-Jae
    • 한국노년학
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    • v.38 no.1
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    • pp.143-168
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    • 2018
  • While there were posed arguments that social treatment to older persons should be based on the perspective of human rights turning into the 21st century, policy efforts to protect and promote the rights of older persons in international community have slowly proceeded. In this situation existing studies on the rights of older persons in the international perspective have been fragmented in their contents, lacking systematic overview of policy efforts to strengthen the rights of older persons in international community. This study aims to be the one that could be such a systematic study to overview international policy efforts to strengthen the rights of older persons through analyzing the background of posing the problem of the rights of older persons, problems in existing international norms for human rights applicable to older persons, and measures to strengthen the rights of older persons and controversial issues. Existing international norms on human rights that are Universal Declaration of Human Rights, international conventions on the rights in terms of area of rights and target population, and policy recommendations, are narrow in the scope of rights to be protected, and also lack legal force in their implementation. The international community has generally reached a consensus on strengthening the rights of older persons. However, there have been two different positions: strengthening existing norms on human rights versus creating a new convention on the rights of older persons. And also there have appeared many controversial points in both positions. Conclusively this study, arguing the creation of a new convention, suggests implications for Korean society and research studies.

Site-Level Assessment of Other Effective Area-based Conservation Measures - Focusing on the Korea National Arboretum - (기타 효과적인 지역 기반 보전 수단(OECMs)의 개별 평가 - 국립수목원을 중심으로 -)

  • Shim, Yun-Jin;Sung, Jung-Won;Lee, Kyeong-Cheol;Kweon, Hyeong-Keun;An, Jong-Bin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.26 no.2
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    • pp.1-11
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    • 2023
  • By delivering effective, in-situ conservation of biodiversity, OECMs can contribute to sustaining existing biodiversity values and improving biodiversity conservation outcomes. In this study, for the reporting of OECMs required by Kunming-Montreal Global Biodiversity Framework, the site-level assessment of the Korea National Arboretum and Buffer Zones were conducted using the assessment tool of IUCN. The site-level assessment was carried out in three steps(step 1: screening, step 2 : consent for full assessment, step 3 : the full assessment). It was found that the criteria were satisfied except for the consent for full assessment, sustainability of governance and management arrangements, and the equity of governance and management. Although the governing authority, rights-holders or any other stakeholders could be identified, the step of acknowledging and agreeing to the full OECM assessment was not possible because the governance was not established. As a result of the assessment of equitable governance and management in the aspect of recognition, procedure, and distribution based on criterion(the equity of governance and management), it is judged that more specific measures are needed in the aspect of recognition. And in the aspect of procedure, there is no legal basis for participation in governance and collection of opinions, so it is judged that there is a limit to listening and reflecting the opinions of stakeholders. In the aspect of distribution, it is necessary to further confirm whether it provides direct benefits to rights-holders such as landowners in the region. And it is necessary to prepare specific criteria to assess the important biodiversity values. Therefore, in order to promote OECM reporting in the future, it is necessary to conduct detailed research on various types of governance establishment and operation plans that can establish the basis for recognizing and agreeing to OECM assessment, specific criteria and reasonable measures to judge equity, and important biodiversity value.

Appearance Patterns of Freshwater Fish in Central Mountain Area of DMZ, Korea (중부산악 DMZ 민통선이북지역의 담수어류 출현양상)

  • Myung, Ra-Yeon;Seo, Hyung-Soo;Ko, Myeong-Hun
    • 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.

A New Exploratory Research on Franchisor's Provision of Exclusive Territories (가맹본부의 배타적 영업지역보호에 대한 탐색적 연구)

  • Lim, Young-Kyun;Lee, Su-Dong;Kim, Ju-Young
    • Journal of Distribution Research
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    • v.17 no.1
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    • pp.37-63
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    • 2012
  • In franchise business, exclusive sales territory (sometimes EST in table) protection is a very important issue from an economic, social and political point of view. It affects the growth and survival of both franchisor and franchisee and often raises issues of social and political conflicts. When franchisee is not familiar with related laws and regulations, franchisor has high chance to utilize it. Exclusive sales territory protection by the manufacturer and distributors (wholesalers or retailers) means sales area restriction by which only certain distributors have right to sell products or services. The distributor, who has been granted exclusive sales territories, can protect its own territory, whereas he may be prohibited from entering in other regions. Even though exclusive sales territory is a quite critical problem in franchise business, there is not much rigorous research about the reason, results, evaluation, and future direction based on empirical data. This paper tries to address this problem not only from logical and nomological validity, but from empirical validation. While we purse an empirical analysis, we take into account the difficulties of real data collection and statistical analysis techniques. We use a set of disclosure document data collected by Korea Fair Trade Commission, instead of conventional survey method which is usually criticized for its measurement error. Existing theories about exclusive sales territory can be summarized into two groups as shown in the table below. The first one is about the effectiveness of exclusive sales territory from both franchisor and franchisee point of view. In fact, output of exclusive sales territory can be positive for franchisors but negative for franchisees. Also, it can be positive in terms of sales but negative in terms of profit. Therefore, variables and viewpoints should be set properly. The other one is about the motive or reason why exclusive sales territory is protected. The reasons can be classified into four groups - industry characteristics, franchise systems characteristics, capability to maintain exclusive sales territory, and strategic decision. Within four groups of reasons, there are more specific variables and theories as below. Based on these theories, we develop nine hypotheses which are briefly shown in the last table below with the results. In order to validate the hypothesis, data is collected from government (FTC) homepage which is open source. The sample consists of 1,896 franchisors and it contains about three year operation data, from 2006 to 2008. Within the samples, 627 have exclusive sales territory protection policy and the one with exclusive sales territory policy is not evenly distributed over 19 representative industries. Additional data are also collected from another government agency homepage, like Statistics Korea. Also, we combine data from various secondary sources to create meaningful variables as shown in the table below. All variables are dichotomized by mean or median split if they are not inherently dichotomized by its definition, since each hypothesis is composed by multiple variables and there is no solid statistical technique to incorporate all these conditions to test the hypotheses. This paper uses a simple chi-square test because hypotheses and theories are built upon quite specific conditions such as industry type, economic condition, company history and various strategic purposes. It is almost impossible to find all those samples to satisfy them and it can't be manipulated in experimental settings. However, more advanced statistical techniques are very good on clean data without exogenous variables, but not good with real complex data. The chi-square test is applied in a way that samples are grouped into four with two criteria, whether they use exclusive sales territory protection or not, and whether they satisfy conditions of each hypothesis. So the proportion of sample franchisors which satisfy conditions and protect exclusive sales territory, does significantly exceed the proportion of samples that satisfy condition and do not protect. In fact, chi-square test is equivalent with the Poisson regression which allows more flexible application. As results, only three hypotheses are accepted. When attitude toward the risk is high so loyalty fee is determined according to sales performance, EST protection makes poor results as expected. And when franchisor protects EST in order to recruit franchisee easily, EST protection makes better results. Also, when EST protection is to improve the efficiency of franchise system as a whole, it shows better performances. High efficiency is achieved as EST prohibits the free riding of franchisee who exploits other's marketing efforts, and it encourages proper investments and distributes franchisee into multiple regions evenly. Other hypotheses are not supported in the results of significance testing. Exclusive sales territory should be protected from proper motives and administered for mutual benefits. Legal restrictions driven by the government agency like FTC could be misused and cause mis-understandings. So there need more careful monitoring on real practices and more rigorous studies by both academicians and practitioners.

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