• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• Korean Journal of Health Education and Promotion
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• v.14 no.1
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• pp.73-95
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• 1997

Elderly problem from being aging society, especially health related problem of the elderly is very serious in many parts of this country. The reason is that most of geriatric disease are chronic and debilitating. The cause of chronic and debilitating disease are bad lifestyle and wrong health habit. Health is affected by a result of interaction of environment and human being. Because of difference of lifestyle between a city and a farm village, health behavior and health status of urban elderly and rural elderly may be dissimilar. Thus the purpose of this study was to grasp health behavior and health status, to identify the factors that effect on health status of the elderly. The subfects for this study, 488 persons aged 60 and over who live in Seoul or Cheonbuk Province. The preliminary survey was carried out from Aug. 19, to Aug. 22, 1996. With complement of questions, main survey was carried out from Sep. 29, to Oco. 10, 1996. The data was analysed by using in SPSS/PC+ program. The results were as follows. 1. General Characteristics 1) In the individual characteritics of the respondents, Seoulites aged 80 and over were 24.7%, the average age was 73.14 years old and rural residents aged 60-69 were 63.7%, the average age was 68.90 years old. In Seoul, 142 men and 101 women were respondents. In Cheonbuk Province, 101 men and 144 women were answered. In Seoul, those who graduated form elementary school were 35.4%, in farming region, illiteracy persons were 44.9%. In Seoul, 47.7% of respondents had spouse and in farming village, 66.1% of respondents had spouse. 39.0% of respondents who's imcome type was independent were Seoulite, and 66.1% of respondents who's income type was independent were rural residents. Employed persons in Seoul and in rural region were 16.9% and 62.0%. 2. Health Behavior 1) For the health behavior total score, the difference by region was not statistically significant. But the score of individual item was different and statistically significant. 2) For the Seoulites, younger person(p〈0.01), the female(p〈0.001) showed better health behavior and for the farming village residents, younger person(p〈0.01), the female(p〈0.01), independent income type(p〈0.05), employed person(p〈0.05) showed better health behavior. 3. Health Status 1) For the self-rated health status total score, the difference by region was statistically significant and individual item score was different and statistically significant. For ADL and IADL total score, the difference by region was not statistically significant, but individual item score was different and statistically significant. 2) For the Seoulites, woman(p〈0.05), lower education(p〈0.00l), independent income type(p〈0.05) showed higher score in self-rated health status. For rural residents, woman(p〈0.05), lower education(p〈0.01), independent Income type(p〈0.001) showed higher score in self-rated health status. For the Seoul residents, younger person(p〈0.001), employed(p〈0.05) showed higher score in ADL and IADL, and for the farm area residents, younger person(p〈0.001), higher education(p〈0.01), having spouse(p〈0.001), family type(p〈0.01) showed higher score In ADL and IADL. 3) For the Seoulites, drinking(p〈0.05), breakfast(p〈0.05), exercise(p〈0.05) and for the rural residents, drinking(p〈0.05), deep sleeping(p〈0.05), exercise(p〈0.01), washing hands before meal(p〈0.01) showed higher score In self-rated health status. For the Seoulites, deep sleeping(p〈0.05), exercise(p〈0.05) and for the farm village residents, fruit(p〈0.05), deep sleeping(p〈0.05), exercise(p〈0.001) showed higher score in ADL and IADL. We carried out this study to analyze the effectiveness through health education program in short term which was performed to use the special subject activities. This study was conducted on 63 students who were first grade in S Junior High School from Dec. 1995 to Feb. 1996. To analyze the effectiveness, we performed the Pretest, 1st Posttest, and 2nd Posttest for learned health knowledge. The results were as follows: 1. Most of the students(69.8%) responded that their health were good, and they got the information for health through Mass Com.. The students who had experience of health education were 15.9%, and the 77.8% of the respondents needed the health education. 2. The means of health knowledge on tests were 18.2(Pretest), 21.5(1st Posttest), and 21.4(2nd Posttest). Increase of health knowledge between Pretest and 1st Posttest was 10.9%. 3. The mean of differences between Pretest and 1st Posttest was 3.26, it was significant(p〈0.01). And the mean of differences between Pretest and 2nd Posttest was 3.19, it was significant(p〈0.01);however, the mean of differences between 1st Posttest and 2nd Posttest was not significant(p=0.2514). 4. The significant main contents were Health Facilities(d=0.42), Pregnancy and Labor(d=0.39), Hygiene(d=0.35), Safety Education(d=0.66), and Drug Abuse(d=0.60)(p〈0.01).

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.53-75
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• 1993

This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.237-264
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• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• Journal of Wetlands Research
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• v.15 no.1
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• pp.149-157
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• 2013

The weirs built so far are mainly overflow type weirs overflowing to the upstream. Main advantages of overflow type weirs are, effective water resources management and easy design, construction and maintenance due to many accumulated studies. However, due to the special feature of the overflow type weir where water overflows through the upstream of the weir, the silt coming from the upstream is not discharged to the downstream of the weir. This increases the river bed and reduces the reservoir capacity, and as a result, the weir loses its function. A underflow type weir with a water gate has been implemented in order to solve such sediment deposit and weir maintenance problems. However due to the design problem of recently constructed underflow type weirs, the river bed of the downstream of a weir has been scoured. And this leds to a structural problem. In this study, the flow characteristics of overflow type weirs and underflow type weir, hydraulic jump length analysis depending on change of water depth and the amount of specific energy loss generated per unit length depending on a weir type have been compared and analyzed, for the effective design and management of the weirs. The experiment results show that, when identical upstream conditions of underflow type weir and an overflow type weir were maintained, the hydraulic jump length was up to twice longer with Fr(Froude number) 3.5 of the hydraulic jump length at the underflow type weir, and the hydraulic jump length gradually decreased as the downstream water depth increased. The comparative analysis result of the amount of specific energy loss generated per unit length showed that the amount of energy loss per unit length was twice higher for an overlfow type weir than a underflow type weir. Therefore, in case of a underflow type facility, an additional energy reduction facility is determined to be necessary for safety of water construction structures.

• Journal of The Korean Association For Science Education
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• v.43 no.1
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• pp.1-15
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• 2023

As the social and economic value of living modified organisms (LMOs) increase, so do the potential risks they pose to humans and the environment. Therefore, all laboratories using LMOs must establish an LMO laboratory in accordance with the standards required by regulations. Recently, in high school, LMO-related experimental programs have been developed for their educational effects. Also, in this case, it is necessary to comply with the regulation for LMO laboratories. However, high schools are still unfamiliar with the LMO laboratory, and it is difficult for teachers to manage an LMO laboratory because its implementation applies the same standards to general research institutes. In this study, we used causal chain analysis to discover the difficulties each teacher faced while setting up an LMO laboratory by examining three cases. The difficulties experienced by teachers are as follows: the first problem is "reluctance to set up an LMO laboratory," because of "administrative tasks for laboratory registration" and "difficulty in persuading colleagues." The second problem is a difficulty for teachers to operate LMO laboratory in blind spots, due to "inflexible installation and closure," "medical waste disposal," and "LMO education that does not fit the school context." Through this study, although the difficulty of running an LMO laboratory is caused by a lack of necessity and insufficient consideration of the school context, the more fundamental cause was a lack of collaborative planning between the educational field and the operating institutions. The teachers who participate in this research suggest that "using shared LAB" and "preparing opportunities for knowledge sharing" can be considered as strategies for operating the school's LMO laboratory. We feel that this study will provide a useful reference for teachers or schools planning to build an LMO laboratory.

• Journal of Food Hygiene and Safety
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• v.16 no.4
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• pp.280-294
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• 2001

Despite to the reality that the outbreaks from flood poisoning in Korea have been continuously increasing in the last two decades, it was very much neglected even in the public health field in Korea. Food poisoning outbreaks resulted in many cases not only in the damage of health but also in the death of many lives. However, this problem can be effectively solved by effects through health education activities, but not solely by the legal measures. This study was carried out to provide information that can be used in planning health education programs and proposing new rules to prevent any possible outbreaks from flood poisoning. The main problems contributing to flood poisoning outbreaks in an institutional setting or school catering and at home were reviewed and analyzed through the epidemiological investigations and articles related to flood poisoning in the last a decade (1991 ∼ 2000). Accordingly, the data presented in this study are sufficient to show and prove the significant trends in food poisoning accidents in Korea. The major findings investigated in this study are as follows. The frequency of food poisoning accidents as well as the number of victims have continuously increased in Korea. The number of victims per food poisoning accident is also increased from 20 persons in 1990 to 69.8 persons in 2000. Therefore, we should realize that the group poisoning outbreaks occur more frequently and the size of group poisoning accidents is getting larger. Among four seasons, the food poisoning accidents occurred more frequently in the summer (May ∼September) until 1997, However, after 1997, the food poisoning accidents occurred evenly in three seasons except the winter. The most important bacteria that cause food poisoning in Korea were Salmonella spp., Vibrio spp. and Staphylococcus aureus. They occupied 85∼90% of the rates of accidents and the number of victims.

• The Korean Journal of Pesticide Science
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• v.19 no.4
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• pp.370-393
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• 2015

This study was conducted to compare STQ method, multi-residue method in Korean food code and QuEChERS method for validated selected and accuracy, reproducibility and efficiency. A total of 45 selected and targeted pesticides were the analyzed by GC and 5 of them were crops (apple, potato, green pepper, rice, soy bean). $R^2$ values were calculated in the standard calibration curve was over 0.990. Recovery tests were performed by three replications in two levels and the relative standard deviation of the repeated experiments was less than 30%. The average percentage of recoveries in the multi-residue method in Korean food code was 89.13%, QuEChERS method was 92.45% and STQ method was 85.28%. In addition, matrix effects in multi-residue method in Korean food code was 24.61%, QuEChERS method was 23.98% and STQ method showed 11.24%. The STQ method is easy and showed high clean-up effect in extracting the sample solution than the QuEChERS method and clean-up with C18, PLS, PSA cartridge columns. A large volume of the sample was injected in order to compensable for the problem, that occurred due to high detection limit in the analyser. When the STQ method was applied using a large volume injector, the standard calibration curve showed a higher linearity $R^2=0.990$, and method detection limit was 0.01 mg/kg. It showed an average recovery of 91.84% and the relative standard deviations of three replications repeated in two level process was less than 30% and had an average matrix effect of 17.90%.

• Journal of Food Hygiene and Safety
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• v.3 no.1
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• pp.7-18
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• 1988

In 1987, the level of heavy metals were determined ina total of 200 samples of 9 species of shellfish of Korea. The samples were collected at the fish. markets by 10 Public Institute of Health. The samples were whelk (Buccinum striatiBBimum), oyster (Crassostrea gigas), ark shell(Tegillarca granesa), shartnecked clam (Venerupis semidecussta), hard clam (Meretrix lusoria), top shell (Turbo cornutus), abalone (Haliotis gigantea), ark shell (Scapharea broughtonii), sea-mussel (Mytilus conuscus gould), respectively. The levels of total mercury, lead, cadmium, arsenic, copper, zinc and manganese were determined. The total mercury levels were determined by mercury analyzer using the combustion gold amalgamation method. The arsenic level were determined by spectrophotometry using colorimetric sil ver diethyldithiocarbamate method after dry ash dige8tion of the samples with magnesium oxide and magnesium nitrate. The levels of other metals were determined by inductively coupled pluma spectrophotometry after wet digestion of the samples with nitric acid and su1furic acid. The results were summerized as follows; 1. The overallranges and mean(ppm) were; Hg, ND-O.221 (0.036); Pb, 0.05-1.51 (0.37); Cd, 0.02-1.86 (0.61); As, 0.5-3.97 (1.22); Cu, 0.14-54.16 (4.93); Zn, 7.40-207.17 (30.09); Mn, 0.13-s.72 (3.40). 2. The levels of all 6 metals were found to be below the maximum permissible Iimits set by the Japan lor mercury, the Netherland for lead the Hong Kong for cadmium. The Finland for Arsenic no statutory Iimits for Zn and Mn in shellfish in any countries. 3. The results show that all the 9 species of shellfish studied, none have accumulated levels dangerous enough to pose a health problem.roblem.