• Strategy21
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• s.44
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• pp.323-351
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• 2018

Adopted in Western Pacific Naval Symposium(WPNS) 2014, Code for Unplanned Encounters at Sea(CUES) has been the most valuable output of WPNS history. Written and suggested by Australian Navy in 1999, the goal of CUES is to decrease the possibility of the naval conflict by establishing the code among international navies in the Western Pacific region. Facing many oppositions and requirement of People's Liberation Army Navy(PLAN) in WPNS 2012 and 2013, but it finally adopted in WPNS 2014, with many changes in detailed provisions. From then, navies in the Western Pacific region have followed CUES to prevent maritime conflicts in the region, CUES, however, sometimes does not work correctly. Contents of CUES is the mixture of the parts of Multinational Maritime Tactical Signal and Maneuvering Book(MTP) and International Regulations for Preventing Collision at Sea 1972(CORLEGs). There are means of radio communications such as frequency and signals, instructions for maneuvering and so on. Thus, it is not a new document for the U.S. Navy and its allies, but it requires training to implicate at sea for navies other than U.S. allies, like PLAN. Lots of provisions in CUES were changed because of the opposition of PLAN, and CUES has many shortcomings and practical limitations. First, since CUES is non-legally binding, and there are no methods to force the naval assets on the sea to follow. Second, CUES is only applied to naval assets; naval ships - warships, naval auxiliaries, and submarines - and naval aircraft. Third, the geographical scope in CUES is not clear. Fourth, there is no provision for submerged submarines. Finally, CUES has no time-based framework or roadmap for training. In this regard, there would be six recommendations for improvement. First, CUES should be reviewed by WPNS or other international institutions, while keeping non-binding status so that WPNS could send signals to the navies which do not answer CUES on the sea. Second, the participation of Maritime Law Enforcements(MLEs) such as coast guard is inevitable. Third, navies would use full text of MTP rather than current CUES, which extracts some parts of MTP. Fourth, CUES needs provisions with respect to submerged submarines, which recognizes as offensive weapons themselves. Fifth, the geographic scope of CUES should be clear. Since there are some countries in which claim that a rock with a concrete structure is their territory, CUES should be applied on every sea including EEZ and territorial seas. Finally, the detailed training plan is required to implicate CUES at sea. Rim of the Pacific (RIMPAC) is a good exercise to train CUES, because almost all WPNS member countries except six countries are participating in RIMPAC. CUES is a meaningful document not only for navies but also for nation-states in the region. To prevent escalation of conflict in the region, potentially caused by an unplanned collision at sea, CUES should be applied more strictly. CUES will continue to be in subsequent WPNS and therefore continue to improve in the effectiveness as both an operational and diplomatic agreement.

• Progress in Medical Physics
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• v.27 no.3
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• pp.139-145
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• 2016

With the development in field of industry and medicine, new machines and techniques are being launched. Moreover, the complexity of the techniques is associated to an increasing risk of incident. Especially, a small error in radiotherapy can lead to a serious patient-related incident, risk management is necessary in radiotherapy in order to reduce the risk of incident. However, in field of radiotherapy, there are no legally binding clauses for risk management and there is an absence of risk management systems at an institutional level. Therefore, we analyzed institutional status of risk management, reporting & classification systems, and risk assessment & analysis in 31 countries. For risk management and reporting systems, 65% of countries investigated had legislation or regulations; however, only 35% of countries used classification systems. It was found that 43% more countries had legislation for risk management in healthcare than those for radiotherapy; 19% more countries had reporting systems for healthcare than those for radiotherapy. For classification systems, 60% more countries had legislation, recommendation, and guidelines in the field of radiotherapy than those for healthcare. Recently, international institutes have published several reports for risk management and patient safety in radiotherapy, owing to which, countries adopting risk management for radiotherapy will gradually increase. Before adopting risk management in Korea, we should precisely understand the procedures and functions of risk management, in order to increase efficiency of risk management because classification & reporting system and risk assessment & analysis are connected organically, and institutional management is needed for high quality of risk management in Korea.

• Journal of Korean society of Dental Hygiene
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• v.9 no.2
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• pp.73-88
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• 2009

The purpose of the study was to provide the basic for the prevention of infection control by analyzing the level of recognition and practice of dental hygiene students. It is important for dental clinic staffs to know and practice infection control measures in favor of effective infection control. Thus, this study conducted an one-month questionnaire survey (during October 2008) for dental hygiene students who ever experienced in 16-week clinical practice, and analyzed total 206 questionnaire forms as collected from them, so that it could determine potential associations between their recognition and practice of infection control and thereby suggest an efficient solution for infection control in dental hygiene. 1. It was found that our students' recognition about infection control averaged $4.49{\pm}.58$ points on the whole, and they were best aware of instrumental disinfection and sterilization among other measures, which was followed by hand washing, extirpation control, post-sterilization management, personal protective outfit and instrumental surface maintenance respectively. 2. It was found that our students' practice of infection control averaged $3.85{\pm}.57$ points on the whole, and they practiced hand washing most actively among other measures, which was followed by extirpation control, post-sterilization management, instrumental disinfection and sterilization, personal protective outfit and instrumental surface maintenance respectively. 3. It was found that our students scored higher mean points in recognition about every measure of infection control than those in practice (t=15.676, p=0.000). Particularly, it was notable that there were significant differences between their mean points in recognition and practice of some infection control measures, such as instrumental surface maintenance (t=15.361, p=0.000), personal protective outfit (t=15.245, p=0.000) and instrumental disinfection and sterilization (t=11.169, p=0.000). But there was least significant difference between mean points in recognition and practice of hand washing (t=5.460, p=0.000). 4. For potential associations between recognition and practice of infection control, it was found that higher recognition was in significantly positive associations with higher practice in every measure of infection control (r=.478, p=.000), such as extirpation control (r=.630, p=.000), instrumental disinfection and sterilization (r=.477, p=.000) and post-sterilization management (r=.433, p=.000). 5. It was found that there were differences in our students' recognition depending upon availability of infection control guideline (t=4.587, p=.011), and there were significant differences in practice depending on necessity of infection control education on a statistical basis (t=2.229, p=.027). Overall, it is found that our dental hygiene students are very likely to practice hand washing and extirpation control, because both of these measures are relatively easy to practice or are considered legally binding.

• Journal of Korean Society of Forest Science
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• v.102 no.2
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• pp.189-197
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• 2013

The Cancun Agreements under the United Nations Framework Convention on Climate Change require developing countries aiming to undertake REDD+ activities to develop a national strategy or action plan, addressing the drivers of deforestation and forest degradation, a measurement, reporting and verifying (MRV) system including forest monitoring system, and safeguards to ensure equity and co-benefits for local communities and indigenous peoples, and biodiversity. The Government of Indonesia and the Government of Norway established REDD+ cooperation through signing a 'Letter of Intent' in May, 2010. Indonesia agreed on 'a two year suspension on all new concessions for conversion of peat and natural forest'. In turn, Norway agreed to support Indonesia's REDD+ implementation efforts up to one billion United States dollars. Indonesia's REDD+ national strategy (June, 2012) accepted most of the requests included in the 'Letter of Intent'. The REDD+ national strategy, however, does not reflect requests of the Cancun Agreements which noted identification of the drivers of deforestation and forest degradation and guarantee of real greenhouse gas emissions reductions. Indonesia lays emphasis on Norwegian requests which includes expected financial support rather than the Cancun Agreements which have a weak legally-binding requirements.

• Spatial Information Research
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• v.22 no.3
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• pp.47-58
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• 2014

The credible measurement, reporting and verification (MRV) is among the most critical elements in UN-REDD (United Nations programme on Reducing Emissions from Deforestation and forest Degradation in Developing Countries). This study is intended to explore MRV potential in terms of UN-REDD opportunity cost estimation using satellite image for Mt. Geum-gang of North Korea. A visual interpretation were conducted to evaluate MRV conditions by sub-dividing or decomposing the images with different pixel size into a three types of hierarchical tree structure that helps dealing with spatial variability within each subarea. The permanent record of standard satellite remote sensing system demonstrated its capability of presenting area-wide visual evidences of MRV conditions in Mt. Geum-gang (such as the identification of forested area, degradation trends for forest space, three types of hierarchical land-cover and land use tree structure, carbon density in the landscape). Satellite data could be accepted as legally binding proof when it comes to REDD opportunity cost estimation since several cases exist where remote sensing has been used as legal evidence in ICJ (International Court of Justice) and UN resolution. It doesn't seem very difficult to comply with MRV requirements for UN-REDD opportunity cost calculation due to the probative value of satellite data. It is anticipated that this research output could be used as a valuable reference for Korea-based enterprises exploring REDD project sites and the carbon traders to ensure MRV potentials using satellite image in UN-REDD Opportunity Cost estimation.

• Journal of Environmental Policy
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• v.14 no.3
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• pp.75-94
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• 2015

The purpose of this study is to analyze the major issues discussed among Parties and provide a framework for predicting the agreements on those issues, prior to the final negotiation on a new legally-binding agreement on climate change adaptation in the United Nations Framework Convention on Climate Change (UNFCCC). The analyses of documents, adaptation actions, and work of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) under the UNFCCC informed that the adaptation issue has primarily been focused on the support of developed country Parties for the adaptation of developing country Parties following the principle of the Convention, Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC). Three-year work of the ADP acknowledged the major issues on adaptation in the new climate agreement, which would be categorized as long-term and global aspects, commitments/contributions/actions, monitoring and evaluation, institutional arrangements, and loss and damage. A final agreement on each issue could be predicted by setting a zone of possible agreement in-between the two extremes of developing and developed country Parties and considering three major elements affecting the Parties' positions, national priority, adaptation action, and social expectation, which are proposed in this study. The three major elements should be considered in a balanced manner by Parties to draw a durable agreement that will enhance global adaptation actions from a long-term perspective. That is, the agreement needs to reflect adaptation actions occurring outside the Convention as well as social expectations for adaptation. It is expected that the new agreement on climate change adaptation, from a long-term and global perspective, would be an opportunity to reduce vulnerability and build resilience to climate change by incorporating global expectations.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.101-127
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• 2017

Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.

• Journal of Environmental Policy
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• v.6 no.1
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• pp.41-60
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• 2007

Attempts were made to define the elements of debates, impact of decisions of the Access to Genetic Resources and Benefit-sharing(ABS) of the Conference of the Parties(COP) to the Convention on Biological Diversity(CBD) In Korea. Providing policy suggestions to cope with ABS, a cross-cutting issue of the meetings of the COP, was also undertaken. Meetings concerning ABS deal with several key matters such as an international regime, which is a legally binding implementation tool of the Bonn Guidelines, an international certificate of genetic resources' origin/source/legal provenance, and disclosure of origin of genetic resources, compliance measures with prior informed consent of the Contracting Parties providing such resources and with mutually agreed terms on which access was granted. Developing countries, rich in biodiversity and genetic resources, use the CBD as a major tool to maximize their national profits. They demand for national sovereign rights for the genetic resources and indigenous communities providing associated traditional knowledge. At the meetings of the COP, in addition, they requested that developed countries should transfer technologies and provide a financial mechanism for resource conservation to them. On the contrary, the developed countries argue that facilitating access to genetic resources is essential for scientific research and development, and that both Intellectual Property Rights and biotechnology using genetic resources should be protected to maximize their national benefits. Decisions of the COP concerning the Bonn Guidelines and compliance measures with ABS will affect on various socioeconomic fields of Korea, a country which is short of genetic resources. Especially, the importation of genetic resources and land development which might damage genetic resources will be limited seriously. Consequently, overall expenses will increase for the securing genetic resources from the foreign countries and developing biotechnology for conservation and sustainable uses of genetic resources. To minimize the adverse impacts, we endeavor to establish our clear standpoint and to lead the international trends, which are favorable for us. In order to achieve these objectives, government needs i) to proceed researches to lead the international ABS debates actively and to prepare the expected decisions of the future meetings of the COP, ii) to establish a national implementation plan to cope with the ABS and its related decisions, iii) to examine and improve the efficiencies of the national implementation plan with a proper monitoring system, and iv) cope with the other international meetings including the meetings of Trade Related Intellectual Properly Rights and International Treaty on Plant Genetic Resources for Food and Agriculture actively.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.203-237
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• 2011

Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.