• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.39-77
• /
• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.315-343
• /
• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

• Journal of agricultural medicine and community health
• /
• v.44 no.1
• /
• pp.28-38
• /
• 2019

Objectives: We searched and reviewed the literature including the laws or acts, statistics, guidelines, papers and conference proceedings related to home visit nursing care in South Korea. Method: We searched and reviewed the literature including the laws or acts, statistics, guidelines, papers and conference proceedings related to home visit nursing care in Korea. Results: There are three types of home care nursing in Korea. Public health center provides home visit nursing to vulnerable population by registered nurses for free, based on community health act in public health center. As of 2017, 1,261,208 people were enrolled in the visiting health program of public health center. Health behavior and disease management has been improved and showed having cost-benefit effect among the enrolled people in visiting health program. Visiting nursing care in long-term care services is provided by registered nurses or nurse aid, based on long-term care act. The cost is paid as the unit price according to service time. 1,095,764 older people used long-term care services in 2017, only 0.2% of total cost used for home visiting nursing. Even though the number of user of home visiting nursing, it was reported that users spent less medical cost and hospitalized shorter. Hospital-based home care nursing is provided to patients and their families under the prescription of a doctor by family nurse specialists who are employed by medical institute based on medical law. Four hundred sixty family nurse specialists worked for hospital-based home care nursing and hospital-based home care services accounted for 0.038% of total medical expenses in 2017. Conclusion: Even though home visit nursing care services are different in aspect of legal basis, personnel, running institutes, and cost basis, home visit nursing care showed cost-benefit effect and good health outcomes. In order to advance home visit nursing care, the integrated home visiting care, improvement of working condition, and revision of legal basis should be considered.

• Korean Journal of Heritage: History & Science
• /
• v.44 no.1
• /
• pp.138-161
• /
• 2011

The 'Jwasuyeongseongji' (Site of naval wall-fortress in Suyeong) in Busan is the subject of this study. It has been desturbed mostly, and is named 'Suyeong historic site'. One of the important aspects of 'Jwasuyeongseongji' is that it was a historic place confronting with the Japanese Invasion of Chosun in 1592. This was the place where the Japanese Invasion of Chosun broke out and a number of people were slaughtered by the Japanese invaders. Now the place is converted to a playground. Although 'Jwasuyeongseongji' is the place of historic interest, the forest area is separated by paths and sidewalks. Further, there are sports facilities and relaxing people. Examples of advanced countries show that the abuse like Jwaisuyeongseongji is thoroughly prohibited. Although the Dangsan forest of jwasuyeongseongji remains in the megalopolis of Busan, it has been damaged and abused in spite of being a historic site. Nevertheless, Jwasuyeongseongji is an invaluable traditional cultural heritage. The objective of this study was to search for solutions of authenticity restoration for the remains of Dangsan forest at Jwasuyeongseongji in Busan. The Dangsan forest at Jwasuyeongseongji is a forest of Pinus thunbergii in an area of $130{\times}230m$. Jwasuyeongseongji is currently named Suyeong historic park, and is registered as monuments No. 8 by Suyeong-gu, Busan. The two Dangsan trees at Jwasuyeongseongji are registered as natural monuments No. 270 and No. 311. The complex management system needs to be designated as 'Dangsan forest of Jwasuyeongseongji in Busan', and managed as a natural monument or national historic site. Dangsan forest has a meaning of divine place. Therefore, the artificial facilities need to be removed from Dangsan forest so that the original features are restored with the spirit of Jwasuyeongseongji. Also, the administration needs to be transfered from Suyeong-gu, Busan to the Cultural Heritage Administration.

• Korean Journal of Environment and Ecology
• /
• v.35 no.3
• /
• pp.223-236
• /
• 2021

This study aims to provide basic data for the systematic conservation and efficient management of forest ecosystems by analyzing changes in understory vegetation of temperate broad-leaved deciduous forests. One-hectare permanent survey plot, consisting of 100 subplots sized 10 × 10 meters, was installed in Gwangneung forest in Pocheon, Gyeonggi-do in 2003. The state of stands and the understory vegetation in the permanent survey plot were examined at a 5-year interval from 2003 to 2018. The vascular plants found in the survey area were 56 families, 128 genera, 176 species, 18 variants, 4 varieties, and 1 subspecies, for a total of 199 taxa. The number of species in both the shrub layer and the herbaceous layer showed a tendency to decrease with time. The MRPP-tests showed a significantly differing species composition of the shrub layer in all years except 2008-2013, whereas significant differences were found in all years concerning the herbaceous layer. As for the average importance value, Euonymus oxyphyllus (18.23%), Acer pseudosieboldianum (16.48%), and Callicarpa japonica (13.85%) were dominant in the shrub layer, while Ainsliaea acerifolia (23.41%), Disporum smilacinum (9.45%), and Oplismenus undulatifolius (5.62%) were dominant in the herbaceous layer. In the shrub layer, the richness of Smilax china, Lonicera subsessilis, and Philadelphus schrenkii was high when the basal area and the stand density of an upper layer were high. By contrast, smaller basal area and stand density were associated with the richness of Acer pseudosieboldianum, Deutzia glabrata, Morus bombycis, and Cornus kousa. Furthermore, it was found out that the impact of the basal area and the stand density on the herbaceous layer decreased over time, while the herb layer's species composition was greatly affected by cover degrees of Euonymus oxyphyllus and Acer pseudosieboldianum in the shrub layer. In conclusion, the number of species in the understory vegetation in Gwangneung forest is continuously decreasing, thus implying that species diversity, basal area, and stand density of an upper layer can influence the species composition in understory vegetation.

• Korean Journal of Heritage: History & Science
• /
• v.54 no.1
• /
• pp.206-219
• /
• 2021

The warming of the climate is increasing the damage caused by termites to wooden buildings, cultural properties and houses. A group removal system can be installed around the building to detect and remove termite damage; however, if the site is not visited regularly, every one to two months, you cannot observe whether termites have spread within, and it is difficult to take prompt effective action. In addition, since the system is installed and operated in an exposed state for a long period of time, it may be ineffective or damaged, resulting in a loss of function. Furthermore if the system is installed near a cultural site, it may affect the aesthetic environment of the site. In this study, we created a detection system that uses wood, cellulose, magnets, and magnetic sensors to determine whether termites have entered the area. The data was then transferred to a low power LoRa Network which displayed the results without the necessity of visiting the site. The wood was made in the shape of a pile, and holes were made from the top to the bottom to make it easier for termites to enter and produce a cellulose sample. The cellulose sample was made in a cylindrical shape with a magnet wrapped in cellulose and inserted into the top of a hole in the wood. Then, the upper part of the wood pile was covered with a stopper to prevent foreign matter from entering. It also served to block external factors such as light and rainfall, and to create an environment where termites could add cellulose samples. When the cellulose was added by the termites, a space was created around the magnet, causing the magnet to either fall or tilt. The magnetic sensor inside the stopper was fixed on the top of the cellulose sample and measured the change in the distance between the magnet and the sensor according to the movement of the magnet. In outdoor experiments, 11 cellulose samples were inserted into the wood detection system and the termite inflow was confirmed through the movement of the magnet without visiting the site within 5 to 17 days. When making further improvements to the function and operation of the system it in the future, it is possible to confirm that termites have invaded without visiting the site. Then it is also possible to reduce damage and fruiting due to product exposure, and which would improve the condition and appearance of cultural properties.

• Korean Journal of Environment and Ecology
• /
• v.36 no.5
• /
• pp.481-495
• /
• 2022

This study was designed to identify the actual state of naturalized plants and invasive alien species that cause disturbances to the ecosystem, plants which are introduced after forest restoration, and explore the implications resulting from the project. Onsite examination included 29 sites which have been subjected to forest restoration by the Korea Forest Service. Once these were chosen, activity took place twice a year in the spring (May-June) and in the summer (August-September) in 2020 and 2021. Areas not relevant to the project sites were excluded from this activity so that we could identify the plants that could be understood to have been introduced or brought into the site after the actual forest restoration. And the correlation was analyzed, between the naturalized flora within the project sites and the working types applied to the site through confirmation of completion of the restoration project. The naturalized plants appearing on the entire site cover a total of 109 taxa, which includes 29 families, 80 genera, 108 species and 1 subspecies, while invasive plants included 3 families, 7 genera and 8 species. The number of classifications and the naturalization rate gradually decreased over time, after the project. While there was no significant difference between the number of classification groups and the naturalization rate for naturalized plants between project sites, given the number of taxa of naturalized plants, organized by type of damage, there were relatively more naturalized plants that appeared in the severed section of the Baekdudaegan Mountain Range, as well as at quarry and facility sites. Seeding apparently results in naturalization rates as high as 15.545%, on average, based on comparisons of naturalization rates by sowing, seeding, planting, herb planting, and sod pitching channels, all of these being methods of vegetation for planting/greening of bareland and slopes within the project areas. With no seeding, it was 9.167%, higher than the average. As for other vegetation, there was no significant difference depending on application of the working type. This means that unlike the plants subjected to planting, the working type of seed planting which makes it difficult to identify whether a certain plant is a naturalized plant greatly affects the introduction of naturalized plants to the restoration sites, even when using herb planting and sod pitching to control plants and results. Therefore the study suggests that there be inspection by experts of seeds when sowing within restoration sites. The results of this study suggest good practices that will help to direct effective vegetation restoration and follow-up management.

• The Korean Society of Law and Medicine
• /
• v.22 no.1
• /
• pp.91-124
• /
• 2021

In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.40 no.4
• /
• pp.15-31
• /
• 2022

This study interpreted the logical validity of the landscape restoration and maintenance patterns of Changgyeonggung Palace, where modern landscapes coexist. The results of the study are as follows; First, the changes in the landscape restoration and maintenance attitude concerning the Changgyeonggung management organization were identified. With the establishment of the Office of the Imperial Garden, an imperial property was nationalized. The Cultural Heritage Managing Department was opened in 1961, and Changgyeonggung Palace were preserved as designated as historical sites in 1963. An environmental purification was implemented by the Changgyeonggung Office as a follow-up measure for restoration in 1983. As the Cultural Heritage Administration promoted in 1999 and the Royal Palaces and Tombs Center was established in 2019, the palace has been managed professionally as a palace landscape to provide a viewing environment. Second, In the 'Purification Period of Changgyeongwon(1954~1977)', environmental purification was carried out to restore amusement facilities, install facilities for cherry blossom viewing, and develop the place into a national zoo. In the 'Reconstruction Period of Changgyeonggung(1983~1986)', restoring function as an urban park, reserving green areas, the outside space was recreated in the traditional feel, and the forest area was generally maintained. In the 'Supplementation Period of Traditional Landscape Architecture Space(1987~2009)', a uniform green landscape was created with pine trees and various vegetation landscapes centered on the flower beds. In the 'Improvement and Maintenance Period of Viewing Environment(2010~2022), a master plan was reestablished on the premise of utilization, but maintenance has been carried out in a small scale centering on unit space. Third, regarding the validity of the landscape restoration and maintenance, It was found in terms of 'originality' that the recovery of the palace system has not been expanded for over 40 years in existing areas. The 'characteristics of the times', which shows whether multi-layered history was taken into account, Changgyeongwon was excluded from the discussion in the process of setting the base year twice. In terms of 'integrity,' the area of the Grand Greenhouse where the historic states coexists needs a maintenance policy that binds the greenhouse, carpet flower bed, and Chundangji Pond. The 'utility' identified as the utilization of spaces suggests the establishment of a sense of place in the Grand Greenhouse area, which is concentrated with programs different from other areas.

• Journal of Practical Agriculture & Fisheries Research
• /
• v.16 no.1
• /
• pp.193-206
• /
• 2014

The objectives of the project are to increase farmers' income through GAP and to reduce the loss of agricultural produce, for which the Korean partner takes a role of transferring needed technologies to the project site. To accomplish the project plan, it is set to implement the project with six components: construction of buildings, installation of agricultural facilities, establishment of demonstration farms, dispatching experts, conducting training program in Korea and provision of equipments. The Project Management Committee and the Project Implementation Team are consisted of Korean experts and senior officials from Department of Agriculture, Myanmar that managed the project systematically to ensure the success of the project. The process of the project are; the ceremony of laying the foundation and commencing the construction of training center in April, 2012. The Ribbon Cutting Ceremony for the completion of GAP Training Center was successfully held under PMC (MOAI, GAPI/ARDC) arrangement in SAl, Naypyitaw on June 17, 2012. The Chairman of GAPI, Dr. Sang Mu Lee, Director General U Kyaw Win of DOA, officials and staff members from Korea and Myanmar, teachers and students from SAl attended the ceremony. The team carried out an inspection and fixing donors' plates on donated project machineries, agro-equipments, vehicles, computers and printer, furniture, tools and so forth. Demonstration farm for paddy rice, fruits and vegetables was laid out in April, 2012. Twenty nine Korean rice varieties and many Korean vegetable varieties were introduced into GAP Project farm to check the suitability of the varieties under Myanmar growing conditions. Paddy was cultivated three times in DAR and twice in SAl. In June 2012, vinyl houses were started to be constructed for raising seedlings and finished in December 2012. Fruit orchard for mango, longan and dragon fruit was established in June, 2012. Vegetables were grown until successful harvest and the harvested produce was used for panel testing and distribution in January 2013. Machineries for postharvest handling systems were imported in November 2012. Setting the washing line for vegetables were finished and the system as run for testing in June 2013. New water tanks, pine lines, pump house and electricity were set up in October 2013.