• Title/Summary/Keyword: Policy issues

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The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

A Study on the Passengers liability of the Carrier on the Montreal Convention (몬트리올협약상의 항공여객운송인의 책임(Air Carrier's Liability for Passenger on Montreal Convention 1999))

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.31-66
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    • 2008
  • Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

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Public Perception on Non-native Species: Based on the News Articles about the Alligator Snapping Turtle (Macrochelys temminckii) (외래생물에 대한 대중의 문제 인식: 악어거북 뉴스 기사를 바탕으로)

  • Kim, Hyunjung;Park, Seoung-Min;Jang, Yikweon;Koo, Kyo Soung
    • Korean Journal of Environment and Ecology
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    • v.34 no.5
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    • pp.396-401
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    • 2020
  • As the world becomes more globalized, the non-native species issue has emerged as a problem that is growing internationally. In particular, the number of non-native turtles found in the wild has been increasing sharply in South Korea. At least 15 species of non-native turtles, including the red-eared slider (Trachemys scripta elegans) first imported in the 1970s, have been found in Korea. On October 15, 2019, an alligator snapping turtle (AST, Macrochelys temminckii) was found in a stream located in Gwangju city, South Korea. The discovery of AST became a big issue in South Korea as the animal is known for its large body size and aggressiveness and was featured widely in the mass media. In this study, to learn the public's perception of non-native species, we examined comments (opinions) to the online news articles about the AST. We collected 1,100 comments from the Internet news articles on the AST. Out of the 1,100 comments, 342 (31.1%) comments were related to non-native species' issues. Most of the respondents (97.7%, n=334) stated that the non-native species are a problem. Forty two comments mentioned potential threats posed by non-native species: non-native species' aggressive nature (n=11, 26.2%) and ecological disturbance (n=31, 73.8%). Lack of responsibility (n=122, 51.7%) was the major causative factor for the introduction of non-native species, and followed by indiscriminate pet trade (n=99, 42.0%), absence of relevant legislation (n=13, 5.5%), and absence of treatment (n=2, 0.8%). Animal registration (n=59, 45.7%) was the most commonly mentioned as the way to deal with the issue of the non-native species' invasion. Our results show that the public is aware of the seriousness of the invasion of non-native species, including AST. This study highlights that researchers and government officials need to consider the public's perception and opinions. We believe that our study can serve as an essential reference for the policy direction and the management of non-native species.

A Theory on the Scope of Financial Activity (금융(金融)의 전업(專業) 및 겸업화(兼業化) 이론(理論): 금융산업조직론(金融産業組織論)의 모색(摸索))

  • Jwa, Sung-hee
    • KDI Journal of Economic Policy
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    • v.13 no.1
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    • pp.167-197
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    • 1991
  • This paper is intended as an introductory essay to explain endogenous changes in the scope of firm activities in the competitive structure of a deregulated, multi-product financial industry. Recently, the global financial industry has been experiencing a widespread reshuffling in its activities, reflecting both consolidation and specialization. The spread of the universal banking system, which involves the integration of various kinds of financial activities, has resulted in the so-called financial supermarket. At the same time, the traditional set of banking activities has been unbundled into so-called financial boutiques. A relevant question is where the current reshuffling process of integration and disintegration in financial activities might lead the financial industry. However, presently popular theories of the financial industry are not really appropriate for the analysis of this issue. This paper attempts to integrate the theory of specialization [George J. Stigler, "The Division of Labor is Limited by the Extent of the Market," Journal of Political Economy, Vol. LIX, No.3, June 1951] and the theory of the multi-product firm [William J. Baumol, John C. Panzar, and Robert D. Willig, Contestable Markets and the Theory of Industry Structure, Harcourt Brace Jovanovich, Inc., New York, 1982] and to apply the resulting hybrid theory, a theory on the scope of financial activity, to the financial industry. The implications of this theory for the issues raised above are formalized under five hypotheses on the reshuffling of financial activities as listed below: Hypothesis I: The differences in the organization of financial industries among countries are determined by differences in the size of the financial markets, other things being equal. Hypothesis II: A financial firm will separate those financial activities simultaneously having relatively strong economies of scale and relatively weak economies of scope (alternatively, diseconomies of scope) from other activities. Conversely, the firm will integrate those activities simultaneously having relatively weak economies of scale (alternatively, diseconomies of scale) and relatively strong economies of scope with incumbent activities. Hypothesis III: A competitive equilibrium in the deregulated financial industry will consist of both specialized and multi-product financial firms, resulting in a mixed form of specialized and universal banking systems. Hypothesis IV: As world financial markets fully integrate and all countries consequently face this single, common world market, the financial structures of individual countries will become increasingly similar. Hypothesis V: A more universal banking system will dominate the deregulated financial industry in countries with relatively small financial markets, while a more specialized banking system will dominate in countries with relatively large financial markets. However, equilibrium will ultimately be mixed, with specialized and universal banks coexisting, as stated in Hypothesis III. Based on these hypotheses, this paper interprets the historical development of specialized vs. universal banking systems in major industrial countries as a process driven by the evolution of the financial market in each country - i.e. the change in the size of the financial market over time. In addition, this paper anticipates that the final equilibrium of the world financial industry, which is currently under the pressure of financial innovations and deregulation, will be a mixed equilibrium with both specialized boutiques and universal supermarket-type financial firms, instead of an exclusively specialized or universal banking system. Future research should seek continued theoretical elaboration and empirical verification of this paper's hypotheses.

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Concentration of Radioactive Materials for the Phanerozoic Plutonic Rocks in Korea and Its Implication (국내 현생 심성암류의 방사성 물질의 농도 및 의미)

  • Kim, Sung Won
    • Economic and Environmental Geology
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    • v.53 no.5
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    • pp.565-583
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    • 2020
  • In recent years, various social issues related to the natural radioactive elements detected in household goods and building materials are addressed, and should be solved promptly. In Korea, for more than 20 years, the Ministry of Environment has investigated the natural radioactive materials such as heavy metals, uranium, and radon in soil or groundwater. The origins of natural radioactive materials in them may have a close correlation with the geological factors including classification of rocks, petrogenetic origins, and deformation characteristics, but the exact geological correlations are not clarified because of the absence of the government policy preserved in the basement rocks, soils as well as groundwater in fault-related reservoirs. This study aims to perform a research on the correlation between the petrogeneses of the Phanerozoic plutonic rocks and natural radioactive concentrations in rocks (radon, uranium, thorium, potassium etc.) in Korea. Among the Phanerozoic plutonic rocks, alkaline plutonic rocks (syenite, monzonite and monzodiorite and alkali granite) show high U and Th concentrations by high solubilities of U, Th, Zr, REE, and Nb until the most extreme stages of magmatic fractionation (viz. crystal fractionation) due to high magma temperature and high alkalinity tendency. The highly fractionated high-K calalkaline and peraluminous granitic rocks (leucogranite, two-mica granite and leucocratic pegmatite are also U and Th concentrations compared with other less or medium fractionated granitic rocks (diorite, granodiorite and granite). The alkaline plutonic rocks are associated with intracontinental rifting and extensional environment after crustal thickening by collisional and subductional processes. In contrast, the dominant calc-alkaline granitic rocks in Korea are related to the arc environment of the subduction zone. In summary, the trends of the U, Th and K concentration from the Phanerozoic plutonic rocks in Korea are closely linked to the petrogenesis of the rocks in tectonic environment. The preliminary data for gamma-spectrometric mesurments of natural radionuclide contents (226Ra, 232Th and 40K) in the Phanerozoic plutonic rocks show high values in the alkaline and highly fractionated granitic rocks.

Australian Case Study in Regulatory Techniques to the Security Industry Reform and Policy Implications (호주 민간경비산업 고품질 규제수단 검토 및 시사점)

  • Kim, Dae-Woon
    • Korean Security Journal
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    • no.47
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    • pp.7-36
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    • 2016
  • The security providers industry, often referred to as an industry with unconfined growth ceiling, has entered a remarkable mass-growth phase since the 1980. In the modern era, private-sector security increasingly cover functions relating to general security awareness (including counter-terrorism) in partnership with State bodies, and the scale of operations continue to accelerate, relative to the expanding roles. In the era of pluralisation of policing, there has been widening efforts pursued to develop a range of regulatory strategies internationally in order to manage such growth and development. To date, in South Korea, a diverse set of industry review studies have been conducted. However, the analyses have been conventionally confined to North America, Britain, Germany and Japan, while developments in other world regions remain unassessed. This article is intended to inform the drivers and determinants of regulatory reforms in Australia, and examine the effectiveness of the main pillars of licensing innovations. Over the past decades, the Australian regime has undergone a wave of reforms in response to emerging issues, and in recognition of the industry as a 'public good' due to underpopulation density and the resulting security challenges. The focus of review in this study was on providing a detailed review of the regulatory approach taken by Australia that has expanded police-private security co-operation since the 1980s. The emphasis was on examining the core pillars of risk management strategies and oversight practices progressed to date and evaluating areas of possible improvement in regulation relative to South Korea. Overall, this study has identified three key features of Australian regime: (1) close checks on questionable close associates (including fingerprinting), (2) power of inspection and seizure without search warrant, (3) the 'three strikes' scheme. The rise of the private security presence in day-to-day policing operations means that industry warrant some intervening government-sponsored initiative. The overall lessons learnt from the Australian case was taken into account in determining the following checks and balances that would provide the ideal setting for the best-practice arrangement: (1) regulatory measure should be evaluated against a set of well-defined indicators, such as the merits of different enforcement tools for each given risk, (2) information about regulatory impacts should be analysed by a specialist research institute, (3) regulators should be innovative in applying a range of strategies available to them by employing a mixture of compliance promotional strategies, and adjust the mix as required.

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A Study 0n the Improvement of the domestic in producing area organizations According to the change retail environment: Focused on organized, scaled, Specialization. (농산물 소매유통환경 변화에 따른 국내 산지유통조직 개선방안에 관한 연구: 조직화·규모화·전문화를 중심으로)

  • Kim, Dae-Yun
    • The Journal of Industrial Distribution & Business
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    • v.2 no.2
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    • pp.5-14
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    • 2011
  • Opening agricultural market expansion, reduced purchases through wholesale markets, expanding the influence large retailers of consumer's market such as changes in the distribution system to the farmer's market conditions are changing rapidly. Because of this, retailers of the scaled and chain-store operations was centered on distribution environmental changes of the consumer market place. In producing area due to changes in market conditions in the agricultural production of in producing area distribution organization and the size distribution can not be put off no longer challenge is imminent. If it do not raise forces banded together, the producer is bound to remain as the weak. To support the distribution of this production was introduced in 2000 enable the Activation Project of in producing area distribution. Recent in producing area Changes of Agricultural conditions in order to cope with the Small-scale farmers and small individual farmers are becoming Scaled and specialized. Also, is specific to each item and regional is showing aspects. Government support for Activation Project of in producing area distribution is greatly improved, but in terms of competitiveness on the market still is showing the limitations. The most common of these problems, the market response if in producing area producer's organization and scale of the problem. Equipped for the purpose of consumer market place responsiveness unreasonable propelled outward from the Painter-sized weakens the organizational power. also, Difficult to succeed organizational size is a dissolution or anything within a few years, farmers around the best producer organizations, such as deviation occurs is exposed to a variety of issues. In this study, previous studies refer to the recent changes in agricultural retail environment, background and needs of organization·scaled, Determine the status of the domestic in producing area organizations and derived Problems, look into Domestic and overseas of in producing area organization with best practices for enhancing the competitiveness of the proposed improvement are intended to. In the future, in producing area distribution policy would like to provide direction to the development. The results of the study showed the follwing : 1) enhance utilization and orrganized through the diversification of the agricultural Collection systems. 2) Scaled to achieve through Items of specialized a wide area marketing. 3) Management operating units, such as installation and operating that overseas the best practices " Comite Economique Agricole Regional 'Fruits et Legumes' de Bretagne". 4) To establish a support system that in producing area distribution organization model development for appropriate domestic. In particular, in case of domestic in producing area distribution organization, through the analysis of various case study that a successful organization and scaled. The process of the various challenges arising in organizational scaled and generalization, and by the way he goes about trying to overcome is required. At the end of the study's limitations and future research directions suggested.

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Social Learning Values in the Justification Discourses for One Million-pyeong Park, Busan, South Korea (담론분석을 통한 100만평공원운동의 사회학습적 가치)

  • Lee, Sungkyung;Kim, Seung-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.5
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    • pp.19-27
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    • 2013
  • This paper claims that the One Million-peyong Park(hereafter abbreviated as OMP) project is different from a typical citizen participatory park project by recognizing the exceptional leadership of the Civic Committee for the One Million-pyeong Park Construction(CCOMPC) in promoting and developing the OMP project. Since 2001 the CCOMPC has published a variety of written promotional materials to inform and educate the public about the project. In terms of approaching the promotional materials, this research focuses on the use of language on how the CCOMPC justifies the OMP project, namely the OMP justification discourse, and considers the discourse as a unique form of social document that represents the perspective of the CCOMPC in explaining the local environmental issues and values of urban parks to the public. Using a discourse analysis method, this research analyzes the justification discourses and investigates how they changed over the three main development phases of the OMP: the initiation and preliminary development phase(1999-2001.2), the development phase (2001.2-2008), and the time period after the greenbelt policy release on Dunchi Island(2008-present). In each discourse, the OMP project is rationalized as a citizen participation park project that (1) aims to enhance the quality of public green space in Busan, (2) is accompanied by various community engagement programs that emphasize the value of urban nature and environmental education to expand citizen participation, and (3) has contributed to the National Urban Park Bill. This research emphasizes the role of the discourses in helping the public gain a critical understanding about the local environment and values of urban parks. By analyzing the contents of the discourses, it explains the social learning values of the OMP expressed in the discourses.

A Study on the Institutional Improvement Directions of Industrial Security Programs: Focused upon Policies and Practices in the U.S. (산업보안의 제도적 발전방안 연구: 미국 사례를 중심으로)

  • Choi, Justin Jin-Hyuk
    • Korean Security Journal
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    • no.22
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    • pp.197-230
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    • 2010
  • This study examined the institutional improvement directions of industrial security programs, particularly focusing upon policies and practices in the U.S., to enhance the effectiveness of industrial security programs in Korea. This study also aimed to investigate the significance of institutional and/or policy implementations in preventing economic espionage attempt. Data leakage and/or loss of trade secrets in corporations has been a scary proposition and a serious headache to both the CEOs and the CSOs(Chief Security Officers). Security professionals or practitioners have always had to deal with data leakage issues that arise from e-mail, instant messaging(IM), and other Internet communication channels. In addition, with the proliferation of wireless and mobile technology, it's now much easier than ever for loss by data breaches to occur, whether accidentally or maliciously or even by an economic espionage attempt. The researcher in this study used both a case study and a comparative research to analyze the different strategies and approaches between the U.S. and Korea in regard of implementing policies to mitigate damages by economic espionage attempts and prevent them from occurring. The researcher first examined the current policies and practices in the U.S. in terms of federal government's and agencies' approach and strategies on industrial security programs and their partnerships with private-commercial-sectors. The purpose of this paper is to explain and suggest selected findings, and a discussion of actions to be taken on implementing a proactive and tactical approach to enhance the effectiveness of industrial security programs to fight against information loss or data leaks. This study used case reviews, literatures, newspapers, articles, and Internet resources relating to the subject of this study for triangulation of data. The findings during this research are as follows. This research suggests that both the private and the governmental sector should closely cooperate in the filed of industrial security to strengthen its traditional prevention strategies and reduce opportunities of economic espionage as well. This study finally recognizes both the very importance of institutional development led by the Government in preventing economic espionage attempts and its effectiveness when properly united with effective industrial security programs.

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Soil Erosion and Sediment Yield Reduction Analysis with Land Use Conversion from Illegal Agricultural Cultivation to Forest in Jawoon-ri, Gangwon using the SATEEC ArcView GIS (SATEEC ArcView GIS를 이용한 홍천군 자운리 유역 임의 경작지의 산림 환원에 따른 토양유실 및 유사저감 분석)

  • Jang, Won-Seok;Park, Youn-Shik;Kim, Jong-Gun;Kim, Ik-Jae;Mun, Yu-Ri;Jun, Man-Sig;Lim, Kyoung-Jae
    • Journal of Environmental Policy
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    • v.8 no.1
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    • pp.73-95
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    • 2009
  • The fact that soil loss causing to increase muddy water and devastate an ecosystem has been appearing upon a hot social and environmental issues which should be solved. Soil losses are occurring in most agricultural areas with rainfall-induced runoff. It makes hydraulic structure unstable, causing environmental and economical problems because muddy water destroys ecosystem and causes intake water deterioration. One of three severe muddy water source areas in Soyanggang-dam watershed is Jawoon-ri region, located in Hongcheon county. In this area, many cash-crops are planted at illegally cultivated agricultural fields, which were virgin forest areas. The purpose of this study is to estimate soil loss with current land uses(including illegal cash-crop cultivation) and soil loss reduction with land use conversion from illegal cultivation back to forest. In this study, the Sediment Assessment Tool for Effective Erosion Control(SATEEC) ArcView GIS was utilized to assess soil erosion. If the illegally cultivated agricultural areas are converted back to forest, it would be expected to 17.42% reduction in soil loss. At the Jawoon-ri region, illegally cultivated agricultural areas located at over 30% and 15% slopes take 47.48 ha(30.83%) and 103.64 ha(67.29%) of illegally cultivated agricultural fields respectively. If all illegally cultivated agricultural fields are converted back to forest, it would be expected that 17.41% of soil erosion and sediment reduction, 10.86% reduction with forest conversion from 30% sloping illegally agricultural fields, and 16.15% reduction with forest conversion from 15% sloping illegally agricultural fields. Therefore, illegally cultivated agricultural fields located at these sloping areas need to be first converted back to forest to maximize reductions in soil loss reduction and muddy water outflow from the Jawoon-ri regions.

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