• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.1
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• pp.78-91
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• 2018

In order to understand the distributions of organic matter and heavy metal concentrations in the surface sediment of Jaran Bay, we measured the grain size, total organic carbon (TOC), total nitrogen (TN), and heavy metals (As, Cd, Cr, Cu, Fe, Hg, Mn, Pb, and Zn) in surface sediments collected at 15 stations in this bay in November 2014. The sediment consisted of finer sediment such as mud and clay, with 8.6-9.8Ø($9.3{\pm}0.3$Ø) of mean grain size. The concentrations of TOC and TN in the sediment ranged from 1.51-2.39 % ($1.74{\pm}0.22%$) and 0.20-0.33 % ($0.23{\pm}0.03%$), respectively, and did not show spatial difference. The carbon to nitrogen ratio (C/N ratio) ranged from 5-10, indicating that organic matter in the sediment originated from oceanic sources such as animal by-products from fish and shellfish farms. The concentrations of Cr, Fe, and Mn were much higher in the mouth of the bay than in the inner bay, and the concentrations of As, Cd, Cu, Hg, Pb, and Zn showed an opposite distribution pattern. Based on the results of the sediment quality guidelines (SQGs), enrichment factor (EF), geoaccumulation index ($I_{geo}$), pollutant load index (PLI), and ecological risk index (ERI), the surface sediment in Jaran Bay is not polluted or only slightly polluted with Cd, Cr, Cu, Hg, Pb, and Zn, whereas it is moderately to strongly polluted with As. In particular, some regions in the bay were identified as having a considerable risk status, indicating that metal concentration in the sediment could impact benthic organisms. Thus, the systematic management for marine and land sources of organic matter and heavy metals around Jaran Bay is necessary in order to ensure seafood safety and maintain sustainable production on shellfish farms.

• Journal of Distribution Research
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• v.17 no.5
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• pp.39-57
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• 2012

The unabated influx of micro businesses has turned the Korean retailing market to a rat race, which causes severe financial distress for micro business owners due to heavy competition. The woes of these micro business owner's are exacerbated by the presence of large scale distributors such as Super Supermarket(SSM) and large discount stores. In summary, the Korean retail market is overburdened an uneconomically viable. Retailing has low barriers to entry which attracts unskilled labor or those with little capital. These start-ups have low opportunity costs since they would make low wages elsewhere in the economy. Thus, these owners are content with relatively low returns on their investment. These 'subsistence ventures' are maintained for economical viability rather than economic growth. These 'subsistence ventures' intensifies competition among small-scale businesses. The presence of large retail corporations also aggravates the situation. The recent stagnation of the economy has worsened the retail market in Korea. The overwhelming competition solidifies the coarse structural system and the prolonged economic sluggishness has increased the risk of insolvency for micro business owners. As the economy continues to stagnate, the imminent risk in retailing market will rise up to surface threatening economic stability. More systematic inflows and outflows of retailers are required in order to redress this structural problem. It has been empirically shown that the self-employment rate is high in Korea compared to other OECD countries. To draw the comparison of self-employment rate by industry, Korea shows high rates among transportation, whole sale, retail, education, lodging, and restaurants. In the case of the transportation and education service sectors, this high rate can be explained by the idiosyncratic nature of Korean culture. In the transportation sector, political policies favor private cap service and private freight carriers. In the education service sector, Koreans put particular emphasis on education that leads to many private institutions that outnumber other OECD countries. For these singular reasons, Korea maintains high micro business, self-employed rates particularly in retailing. A comparable nation is Japan, with its similar social, economic, cultural environment among OECD countries. Unlike Korea, Japan has much lower rates of micro business which continues to decrease. Also Korean retailers are much more destitute than Japanese. The fundamental problem of Korean retailing is the involuntary exit of these 'subsistence ventures,' micro businesses with low margins, in which a small drop in demand can lead to financial difficulties for the owner. This problem will be exacerbated when Korean babyboomers retire and join the micro business ventures. The first priority in order to cope with the severity of oversupply in retailing is to provide better opportunities for the potential self-employers. There should be viable alternatives to subsistent ventures. Strengthening the retirement program, scrutiny of exit process, reconfiguration of policy funds are the recommendations.

• The Korean Journal of Nuclear Medicine Technology
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• v.14 no.1
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• pp.61-66
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• 2010

Purpose: Recently, Department of Nuclear Medicine have an interest in Video Display Terminals (VDT) syndrome including musculoskeletal disorders, ophthalmologic disorders, trouble of electromagnetic waves and stress disorders occur to VDT workers as the growing number of users and rapid pace of service period supply in large amount. This study research on the actual condition for VDT syndrome in Nuclear Medicine, Seoul National University Hospital (SNUH), discover the problem and draw a plan of upcoming improvement. The aim of this study establish awareness about VDT syndrome and is to prevent for it in the long run. Materials and Methods: Department of Nuclear Medicine, SNUH is composed Principle part, Pediatric part and PET center. We estimated risk factors visit in each part directly. Estimation method use "Check list for VDT work" of Wonjin working environment health laboratory and check list is condition of VDT work, condition of work tables, condition of chairs, condition of keyboards, condition of monitors, working position, character of health management and other working environment. Analysis result is verified in Department of Occupational and Environment, Hallym University Sacred Heard Hospital. Results: As a result of analysis, VDT condition of Department of Nuclear Medicine, SNUH is rule good. In case of work tables, recent of things are suitable to users upon the ergonomical planning, but 15% of existing work tables are below the standard value. In case of chairs are suitable, but 5% of theirs lost optimum capacity become superannuated. The keyboards are suitable for 98% of standard value. In case of monitors, angle control of screen is possible of all, but positioning control is impossible for 38%. In case of working position, 10% is fixed positioning for long time and some of the items researched unsuitable things for standard. At health management point, needed capable of improvement. Also, other working condition as lighting, temperature, noise and ventilation, discovered the problem, but is sufficient to advice value. Conclusion: VDT syndrome is occurrences of possibility continuously, come economical expensive about improvement, is inherent in various causes and originate without your knowledge. So, there is need systematic management system. In Nuclear Medicine, VDT syndrome make it better that constant interest and effort as improvement of ergonomical working environment, improvement of working procedure, regular exercise and steady stretching, and can be prevented fairly. This promote physical and mental condition of worker in top form in comfortable working environment, so this is judged by enlargement of operations efficiency and rising of satisfaction ratings of the inside client.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.7
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• pp.846-853
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• 2016

This study prioritizes Noxious Liquid Substances (NLS) transported by sea via a risk-based database containing 596 chemicals to prepare against NLS incidents. There were 158 chemicals transported in Korean waters during 2014 and 2015, which were prioritized, and then chemicals were grouped into four categories (with rankings of 0-3) based on measures for preparedness against incident. In order to establish an effective preparedness system against NLS spill incidents on a national scale, a compiling process for NLS chemicals ranked 2~3 should be carried out and managed together with an initiative for NLS chemicals ranked 0-1. Also, it is advisable to manage NLS chemicals ranked 0-1 after considering the characteristics of NLS specifically transported through a given port since the types and characteristics of NLS chemicals relevant differ depending on the port. In addition, three designated regions are suggested: 1) the southern sector of the East Sea (Ulsan and Busan); 2) the central sector of the South Sea (Gwangyang and Yeosu); and 3) the northern sector of the West Sea (Pyeongtaek, Daesan and Incheon). These regions should be considered special management sectors, with strengthened surveillance and the equipment, materials and chemicals used for pollution response management schemes prepared in advance at NLS spill incident response facilities. In the near future, the risk database should be supplemented with specific information on chronic toxicity and updated on a regular basis. Furthermore, scientific ecotoxicological data for marine organisms should be collated and expanded in a systematic way. A system allowing for the identification Hazardous and Noxious Substances (HNS) should also be established, noting the relevant volumes transported in Korean waters as soon as possible to allow for better management of HNS spill incidents at sea.

• Cartoon and Animation Studies
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• s.28
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• pp.235-263
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• 2012

Regarding the theme park business as an area of cultural content business, this study focuses on the trend of pursuing indoor theme parks as a small-scale small capital strategy escaped from the existing approach oriented to large-scale outdoor complex theme parks. It is because although existing large-scale outdoor complex theme parks require the capital with the scale of hundreds of billion won and also high-level technique and the latest operational know-how that they have a great barrier for new entry as well as enormous risk, the rent indoor theme parks succeed in market entry with efficient risk management and flexible market strategies. Thereupon, this study examines the current status of the children's indoor theme park market with Korean characters as their theme as a new market among the indoor theme parks and also investigates the market strategies of this market in the two aspects of expansion: the expansion of Korean characters' property value and the expansion of the local theme park market. For that, this article reviewed the advanced researches on theme parks and divided the types of theme parks existing in Korea with the criteria of classification by space and theme or classification by main users. Also, among the children's indoor theme parks with Korean characters as their theme, this study visited five ones located in the capital area to examine the current status. And about two located in the capital area and also four in the local area, the current data were received from the persons in charge of the companies for analysis. Also, with the subjects of spectators visiting the 'DIBO VILLAGE, Cheonggye-cheon' newly opened on April 25th, 2012, the research on satisfaction was conducted for analysis. Through that, this study analyzed the structure of the existing children's indoor theme park business with Korean characters as their theme and suggested the ground to analyze the effectiveness of market strategies being implemented. It is expected that this study will establish the clues of systematic and profound discussion for the indoor theme park business that can be said to be the niche market of the theme park business and allow the small-scale areal indoor theme parks to be examined as a significant business model for the local theme park industry. In the aspect of character business as well, it is expected that this will give a chance to establish a new model of spatial storytelling expansion in terms of the property value of Korean animation characters.

• Journal of Genetic Medicine
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• v.8 no.2
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• pp.105-112
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• 2011

Purpose: Sharing genetic information with family members is important for cancer awareness and prevention. The purpose of this study is to examine disclosure patterns of positive BRCA genetic test results to patients' relatives. Materials and Methods: A total of 106 probands who had positive BRCA genetic test results from the Korean Hereditary Breast Cancer Study participated in our study. Subjects were asked whether they had disclosed their genetic test results to first-, second-, and third-degree relatives. Univariate and multivariate analyses were used to identify factors associated with positive result sharing with close and distant relatives. Results: In total, 99 respondents (93.4%) informed at least one at-risk relative of the test result, and they all reported that they had disclosed their genetic test result to a first-degree relative. Communication of test results to other relatives occurred significantly less often, with only 31 of 99 subjects (31.3%) sharing their results with second- or third-degree relatives. In the results of univariate analyses, disclosure of genetic test results to more distant relatives was associated with marital status and months since post-test counseling. The reasons for communication were to provide information about the BRCArelated cancer risk and to recommend the genetic test. Conclusion: Most individuals with the BRCA mutation share their test results with first-degree family members; however, these results reach more distant relatives significantly less often. Therefore, it is necessary to encourage patients' communication with extended family members through systematic genetic counseling.

• Journal of Food Hygiene and Safety
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• v.34 no.3
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• pp.219-226
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• 2019

This study was conducted to understand the overall status of the monitoring program for pesticide residues in foods of South Korea. Further propositions for its improvement were made, and from this study, the status on this program can be summarized as follows. In South Korea, the Ministry of Food and Drug Safety (MFDS) is responsible for overall control of pesticide residue monitoring. Depending on the time of monitoring (sampling at distribution or production step), the government agency responsible for monitoring is different: MFDS, Regional Offices of Food and Drug Safety and local governments are responsible for monitoring of foods at the distribution step, while the National Agricultural Products Quality Management Service (NAQS) and local governments are responsible for monitoring of foods in the production step (partially at sale and distribution steps). According to purpose of monitoring, domestic monitoring programs could be divided into two types: MFDS's "Residue Survey" and NAQS's "National Residue Survey" are conducted mainly for risk assessment purposes and various monitoring programs by the Regional Offices of Food and Drug Safety and local governments are conducted mainly for regulation purposes. For imported foods, monitoring should be conducted at both steps of customs clearance and distribution: the MFDS and the Regional Offices of Food and Drug Safety are responsible for the former, and for the latter, local governments are also responsible. However, it appeared that systematic and consistent monitoring programs are not being conducted for imported foods at the distribution step. Based on the information described above and more detailed information included in this paper, the following proposals for improving the monitoring program were forwarded: i) further clarification of monitoring program purpose, ii) strengthening of the monitoring program for imported foods, iii) providing the public with monitoring results by publication of an annual report and database. It is thought that exhaustive review on the pesticide residue monitoring program and efforts for its improvement are needed in order to assure both food safety and the success of the recently begun positive list system (PLS).

• Journal of Genetic Medicine
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• v.7 no.2
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• pp.125-132
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• 2010

Purpose: Preimplantation genetic diagnosis (PGD), also known as embryo screening, is a pre-pregnancy technique used to identify genetic defects in embryos created through in vitro fertilization. PGD is considered a means of prenatal diagnosis of genetic abnormalities. PGD is used when one or both genetic parents has a known genetic abnormality; testing is performed on an embryo to determine if it also carries the genetic abnormality. The main advantage of PGD is the avoidance of selective pregnancy termination as it imparts a high likelihood that the baby will be free of the disease under consideration. The application of PGD to genetic practices, reproductive medicine, and genetic counseling is becoming the key component of fertility practice because of the need to develop a custom PGD design for each couple. Materials and Methods: In this study, a survey on the contents of genetic counseling in PGD was carried out via direct contact or e-mail with the patients and specialists who had experienced PGD during the three months from February to April 2010. Results: A total of 91 persons including 60 patients, 49 of whom had a chromosomal disorder and 11 of whom had a single gene disorder, and 31 PGD specialists responded to the survey. Analysis of the survey results revealed that all respondents were well aware of the importance of genetic counseling in all steps of PGD including planning, operation, and follow-up. The patient group responded that the possibility of unexpected results (51.7%), genetic risk assessment and recurrence risk (46.7%), the reproduction options (46.7%), the procedure and limitation of PGD (43.3%) and the information of PGD technology (35.0%) should be included as a genetic counseling information. In detail, 51.7% of patients wanted to be counseled for the possibility of unexpected results and the recurrence risk, while 46.7% wanted to know their reproduction options (46.7%). Approximately 96.7% of specialists replied that a non-M.D. genetic counselor is necessary for effective and systematic genetic counseling in PGD because it is difficult for physicians to offer satisfying information to patients due to lack of counseling time and specific knowledge of the disorders. Conclusions: The information from the survey provides important insight into the overall present situation of genetic counseling for PGD in Korea. The survey results demonstrated that there is a general awareness that genetic counseling is essential for PGD, suggesting that appropriate genetic counseling may play a important role in the success of PGD. The establishment of genetic counseling guidelines for PGD may contribute to better planning and management strategies for PGD.

• The Journal of Korean Society for Radiation Therapy
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• v.32
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• pp.7-15
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• 2020

Purpose: In modern radiotherapy technology, several methods of image guided radiation therapy (IGRT) are used to deliver accurate doses to tumor target locations and normal organs, including CBCT (Cone Beam Computed Tomography) and other devices, ExacTrac System, other than CBCT equipped with linear accelerators. In previous studies comparing the two systems, positional errors were analysed rearwards using Offline-view or evaluated only with a Yaw rotation with the X, Y, and Z axes. In this study, when using CBCT and ExacTrac to perform 6 Degree of the Freedom(DoF) Online IGRT in a treatment center with two equipment, the difference between the set-up calibration values seen in each system, the time taken for patient set-up, and the radiation usefulness of the imaging device is evaluated. Materials and Methods: In order to evaluate the difference between mobile calibrations and exposure radiation dose, the glass dosimetry and Rando Phantom were used for 11 cancer patients with head circumference from March to October 2017 in order to assess the difference between mobile calibrations and the time taken from Set-up to shortly before IGRT. CBCT and ExacTrac System were used for IGRT of all patients. An average of 10 CBCT and ExacTrac images were obtained per patient during the total treatment period, and the difference in 6D Online Automation values between the two systems was calculated within the ROI setting. In this case, the area of interest designation in the image obtained from CBCT was fixed to the same anatomical structure as the image obtained through ExacTrac. The difference in positional values for the six axes (SI, AP, LR; Rotation group: Pitch, Roll, Rtn) between the two systems, the total time taken from patient set-up to just before IGRT, and exposure dose were measured and compared respectively with the RandoPhantom. Results: the set-up error in the phantom and patient was less than 1mm in the translation group and less than 1.5° in the rotation group, and the RMS values of all axes except the Rtn value were less than 1mm and 1°. The time taken to correct the set-up error in each system was an average of 256±47.6sec for IGRT using CBCT and 84±3.5sec for ExacTrac, respectively. Radiation exposure dose by IGRT per treatment was measured at 37 times higher than ExacTrac in CBCT and ExacTrac at 2.468mGy and 0.066mGy at Oral Mucosa among the 7 measurement locations in the head and neck area. Conclusion: Through 6D online automatic positioning between the CBCT and ExacTrac systems, the set-up error was found to be less than 1mm, 1.02°, including the patient's movement (random error), as well as the systematic error of the two systems. This error range is considered to be reasonable when considering that the PTV Margin is 3mm during the head and neck IMRT treatment in the present study. However, considering the changes in target and risk organs due to changes in patient weight during the treatment period, it is considered to be appropriately used in combination with CBCT.