• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.26 no.8
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• pp.690-698
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• 2015

In this paper, we propose a policy orientation for human effects on EMF according to the increasing number of devices which use electromagnetic waves. In particular, we conducted the analysis of the concept of the precautionary principle in advanced foreign countries and case studies which are being applied to the criteria more strict than international standards of protection for vulnerable groups. Futhermore, we analyzed the regulations of the EMF safety zone on KynungGi-Do Regional Council which is not valid in terms of constitutional principles such as superior constitutional and rerservations law principles. In conclusion, we propose to amend or modify any law for vulnerable groups and to implement the EMF-related policy on based Radio Wave Act.

• Korea Trade Review
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• v.44 no.4
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• pp.19-34
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• 2019

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• Journal of Environmental Policy
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• v.13 no.4
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• pp.135-159
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• 2014

Industrial insect is defined as the insect utilized in industries that creates added value. Most of the industrial insects used in Korea are exotic species that are introduced through artificial means. Despite the rapid expansion of market for industrial insects, the system for risk assessment of industrial insects is not being adequately conducted. Although Korea carries out a risk assessment for the species designated as disease and insect pest by Animal and Plant Quarantine Agency, far too little consideration is being given to overall ecosystem, as the control system is covered in the Plant Quarantine Law. To solve this problem, we analyzed the Korean risk assessment system and looked at systems in other countries. The results show that it is essential for stakeholders to reach an agreement to set up fundamental directions for the system. Unless the integration system of taxonomical and ecological information is prepared, the ecological risk assessment should be conservative to protect ecosystems and should also follow the precautionary principle. It also requires cooperation among the ministries. In addition, the results indicated that a differentiation between risk assessment and screening is urgent. Several solutions such as setting up clear objectives in both assessment and screening stages, target species, steering organization and assessment criteria assessment systems from were proposed as practical institutional strategies. Among many foreign countries the assessment system from Ireland equally considers various factors such as economical, ecological safety and management aspects, It is also based on precautionary principle to fulfil its original purpose. It was suggested that the Ireland system would be the best reference that can be modified and applied into the Korean system by considering distinct characteristics of the industrial insects.

• Journal of Engineering Education Research
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• v.15 no.1
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• pp.72-78
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• 2012

This paper deals with metaphysical aspects of responsibility focusing on Hans Jonas's Das Prinzip Veranwortung as an attempt to further the discussion on the responsibility of scientists and engineers. After the examination on the necessity of new ethics reflecting the characteristics of contemporary science and technology, the philosophical foundation and major themes of Jonas's future-oriented ethics, i.e. responsibility ethics are analysed. Jonas argued new ethics should consider man and nature simultaneously based on the unification of being and what should be, and presented collectivity, continuity, and future-orientation as a basis of responsibility ethics. In conclusion, this paper suggests implications of Jonas's argument for science and technology ethics such as sustainability, precautionary principle, and responsibility of creator.

• Journal of Preventive Medicine and Public Health
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• v.53 no.3
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• pp.168-170
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• 2020

On December 31, 2019, the Chinese government officially announced that the country had some cases of pneumonia with an unknown cause. By February 8, 2020, there were 24 confirmed cases in Korea, and the number of cases has steadily increased since then. On March 9, 2020, the cumulative number of confirmed cases in Korea was 7382, with 51 deaths. This study examines the characteristics of the coronavirus disease 2019 (COVID-19) outbreak from the perspective of the large-scale number of confirmed COVID-19 cases and deaths. This study is significant in that it emphasizes the precautionary principle in preventing and managing infectious diseases, and makes suggestions for urgently needed public health policies.

• Asia-Pacific Journal of Business
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• v.1 no.1
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• pp.61-72
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• 2010

A view of cultural heritage as a form of capital considers the long term, dynamic, evolutionary, inter-temporal and inter-generational aspects of cultural heritage. The principles of sustainability provide a basis on the broader issue of culture in economic development. They might be capable of specifying a pattern of development that is "culturally sustainable" in the same way as somewhat similar set of criteria derived for the natural world, the criteria for defining ecologically and environmentally sustainable development. Thus we might accept the principles of material and non-material advancement, intergenerational and intra-generational equity, the maintenance of cultural diversity, the precautionary principle, and the recognition of system interdependence as benchmarks in assessing a cultural development process.

• Food Science and Industry
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• v.52 no.2
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• pp.140-152
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• 2019

"Contained use" means using LMOs during manufacturing processes within a facility, equipment or other physical structures to prevent the spread of LMOs to the external environment. LMOs and their substances not only have played an essential role in various industries in different ways, but also have made to spread concerns in Biosafety widely. In Korea, the LMO Act is to implement the Cartagena Protocol on Biosafety' since 1st Jan 2008. This is focused on Biosafety and Risk management for LMOs according to the precautionary principle.

• Journal of the Korean Society of Marine Environment & Safety
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• v.13 no.4
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• pp.43-50
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• 2007

Korea actively endeavors to improve the national marine environmental laws and regulations. Along with the growing global concern on the importance of marine environment, the concern is also increasing nationwide in Korea. These institutional changes in Korea have implications in that it has started to internalize the Sustainable Development Principle and the Precautionary Principle in the form of 'law' and 'policy.' The enactment efforts for conservation and sustainable use of marine environment will continue as the legal demand of public for coastal erosion prevention and climate change mitigation increases. This calls for robust revision for more logical framework and coherence of marine environment laws and regulations as well as efficient implementation of policies. In addition, it is strongly required that the systematical research and survey as well as the robust reversion of laws and policies should be taken accordingly for the effective conservation of marine environment.

• Journal of Plant Biotechnology
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• v.5 no.1
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• pp.13-17
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• 2003

Biotechnology is certainly one of the major landmarks in the 20th century history of science. It may produce enormous utility to human beings, but at the same time, it carries huge potential risks to the environment and public health. Thus, with a view to securing safety for the environment and public health in relation to the development and use of living modified organisms (LMOs), the Cartagena Protocol on Biosafety was adopted, in which a regulation Procedure as to the transboundary movements, transportation, handling, and use of LMOs were drawn up. In order to prepare for the entry into force of the Protocol, the Republic of Korea legislated the "Act on the Transboundary Movements of living modified organisms(hereinafter referred as the 'Act')" in Mar 2001, and has pre-announced the enactments of the enforcement ordinance and the enforcement regulation to the Act. Pursuant to the Act, the Ministry of Commerce, Industry and Energy, as a Competent National Authority, is making efforts to implement domestic biosafety schemes in cooperation with other bio-related government ministries. In order for these efforts to reap fruits, industry, academia, and research institutions should cooperate with one another, and civic groups and NGOs should narrow the differences in opinions and timely respond to the fast-changing situations. Focusing on the precautionary principle, the Protocol puts a great emphasis on the importance of information sharing amongst countries, and the Act also follows this principle. In order to gurantee biosafety, countries around the world, including the ROK, agreed to establish National Biosafety Clearing, designed to provide the information on the export/import of LMOs, R'||'&'||'Ds, risk assessment, safety control, etc. and register it on the CBD Central Biosafety Clearing House.e.