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"Legal Study on Boundary between Airspace and Outer Space" (영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.2
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    • pp.31-67
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    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

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Field Control of Paulownia Witches' Broom with Oxytetracycline Hydrochloride (옥시테트라사이클린에 의(依)한 오동나무·빗자루병(病) 방제(防除))

  • La, Yong Joon;Shin, Hyeon Dong
    • Journal of Korean Society of Forest Science
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    • v.49 no.1
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    • pp.6-10
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    • 1980
  • The witches' broom disease of Paulownia tomentosa (Thunb.) Steud with which mycoplasmalike organisms are associated is widespread throughout Korea and poses serious threat to the cultivation of paulownia. Attempt was made to investigate the feasibility of field control of the disease with oxytetracycline hydrochloride (OTC). A total of 84 paulownia trees (6 year-old, DBH: 10-15cm) exhibiting severe symptoms of witches' broom were selected and treated during March to September. Solution of 1-10g of OTC dissolved in 0.1­2.0 of water was transfused into infected trees with gravity flow method from a dark-brown colored plastic reservoir (11 volume) through plastic tubes (1.2m long) connected to 2-4 holes (5 mm in diameter and 4-5cm in depth) bored in the basal part of the tree trunks (Fig. 1 and 2). Of 60 diseased paulownia trees injected with 2g of OTC in 0.1-2.0l of water during May to September, 1979, 58 trees resulted in complete remission of symptom development and resumption of healthy new growth at least up to September, 1980 when the last observation of the effect of OTC treatment for this experiment was made. The rest of two trees were dead probably due to too severe infection. Of 24 paulownia trees treated in March and April, 1979 complete remission of symptom development was obtained with 8 trees, and nine trees were partially prevented from symptom development in the following season. The remaining 7 trees were dead due to failure in uptake of OTC and partly because the trees were in too far advanced stage of infection. Application of highly concentrated solution of 2g of OTC dissolved in 0.1-0.2l of water per tree was just as effective as the 2g/1-2l treatment. Injection of 2g/1-2l required 3-4 days while treatment of 2g/0.1-0.2l reduced the time for injecting one tree down to less than 24 hrs. The result of this experiment demonstrates that basal trunk injection of 2g OTC/0.1-0.2l/tree is feasible for field control of paulownia witches' broom, provided that tree injection is performed in actively growing season (May-September) and at the initial stage of disease development.

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EFFECTS OF HYDROQUINONE ON NEOPLASTIC TRANSFORMATION OF HUMAN EPITHELIAL CELLS IN CULTURE (Hydroquinone이 인체 상피세포의 발암화에 미치는 영향)

  • Sohn, Jung-Hee;Kim, Chin-Soo
    • Maxillofacial Plastic and Reconstructive Surgery
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    • v.32 no.3
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    • pp.218-228
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    • 2010
  • Components of dental resin-based restorative materials are reported to leach from the filling materials even after polymerization. Hydroquinone (HQ) is one of the major monomers used in the dental resin and is known as a carcinogen. Thus, carcinogenic risk of HQ leaching from the dental resin becomes a public health concern. The present study attempted to examine the carcinogenic potentials of HQ on the human epithelial cell, which is the target cell origin of the most of oral cancers. Cytotoxicity of HQ was observed above 50${\mu}M$ as measured by LDH assay, indicating a relatively low toxicity of this substance in human epithelial cells. The parameters of neoplastic cellular transformation such as cell saturation density, soft agar colony formation and cell aggregation were analyzed to examine the carcinogenic potential of HQ. The study showed that 2-week exposure of HQ showed the tendency of increase in the saturation density and the significant enhancement of soft agar colony formation at the highest dose, 50 ${\mu}M$ only. It is suggested that HQ has a weak potential of carcinogenicity. When cells were treated with HQ and TPA, a well-known tumor promoter, the parameters of neoplastic cellular transformation was significantly increased. This result indicates that the potential risk of carcinogenicity from HQ is largely dependent upon the presence of promoter. Exposure of 50 ${\mu}M$ HQ increased the time-dependent apoptosis as measured by the ELISA kit. This concentration coincides with a dose of neoplastic transformation, indicating a possible link between apoptosis and HQ-induced cellular transformation. Hydroquinone generated Reactive Oxygen Species (ROS) which was evidenced by the treatment of antioxidants such as trolox and N-acetyl cysteine and the GSH depleting agent, BSO. Antioxidants blocked the generation of ROS and the GSH depleting agent, BSO dramatically increased the ROS production. Since HQ is known to increase ROS production thru activation of transcriptional factor such as c-Myb and Pim-1, it is speculated that ROS generation by HQ plays a role in the activation of oncogene, which may lead to neoplastic transformation. In addition, ROS is involved in the alteration of signal transduction, which regulates the apoptosis in many cellular systems. Thus, ROS-mediated apoptosis may be involved in the HQ-induced carcinogenic processes. Protein kinase C (PKC) is known to play pivotal roles in neoplastic transformation of cells and its high expression is often found in a variety of types of tumors including oral cancer. PKC translocation of PKC-${\alpha}$ was observed following HQ exposure. Altered signaling system may also play a role in the transformation process. Taken together, HQ leached from the dental resin does not pose a significant threat as a cancer causing agent, but its carcinogenic potential can be significantly elevated in the presence of promoter. The mechanism of HQ-induced carcinogenesis involved ROS generation, apoptosis and altered signaling pathway. The present study will provide a valuable data to estimate the potential risk of HQ as a carcinogen and understand mechanism of HQ-induced carcinogenesis in human epithelial cells.

Effect of Satisfaction in Neighborhood Park Environments on Physical Activity and Health - The Case of Seongsan-gu and Uichang-gu in Changwon City - (근린공원 환경의 만족도가 신체활동과 건강에 미치는 영향 - 창원시 성산구와 의창구를 대상으로 -)

  • Park, Kyung-Hun;Lee, Woo-Sung;Kim, Tae-Hwan;Kim, Eun-Jung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.42 no.3
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    • pp.64-75
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    • 2014
  • The purpose of this study is to analyze the effects of satisfaction in neighborhood park environments located in the Changwon-si of Gyeongsangnam-do, South Korea, on physical activity, the number of parks used for health improvement, and health levels based on Body Mass Index(BMI). Accordingly, a survey was conducted of 429 nearby residents and users of eight neighborhood parks located in urban areas of Seongsan-gu and Uichang-gu in the Changwon-si. The correlation between the environmental perception of neighborhood parks and physical activity and health, which was observed in the survey results, was analyzed using one-by-one linear regression analysis. By summarizing the study results, it was found that the primary reasons for avoiding park use were lack of time, time and effort required to reach the park(i.e., distance from the park), and lack of facilities within the park. Conversely, the primary reasons for using the park included accessibility, walking or strolling, leisure facilities, trees or shade, and diversity in exercise areas. In the case of park users, walking or strolling was the most common activity in the park. On average, park users walked to the parks for 10 minutes and exercised for an hour at least twice per week. With respect to the physical environment of the parks and surrounding areas, park users showed a high level of satisfaction with the distance between their houses and parks and the street environment. On the contrary, they exhibited low levels of satisfaction with water spaces and sightseeing within the parks. Subsequently, it was shown that the number of people using the parks for physical activities and health improvement was positively influenced(within a 5% significance level) by the intent to use the park for exercise, time spent in the park, satisfaction with park use and health improvement, distance to the park, and the convenience of using the park for the elderly. However, only the health improvement gained from park use was found to exhibit a correlation with BMI at the 10% significance level. Continuous accumulation of practical case studies on physical activities in parks and their health improvement effects is required. Through this, park spaces that are under the threat of reduction or elimination owing to various development plans can be conserved and expanded. Furthermore, such case studies can be used to provide data as the basis for deriving park plans and designs that improve parks' functions as sites of physical activity and health improvement.

A Study on Seismic Liquefaction Risk Map of Electric Power Utility Tunnel in South-East Korea (국내 동남권 지역의 전력구 지반에 대한 지진시 액상화 위험도 작성 연구)

  • Choi, Jae-soon;Park, Inn-Joon;Hwang, Kyengmin;Jang, Jungbum
    • Journal of the Korean GEO-environmental Society
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    • v.19 no.10
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    • pp.13-19
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    • 2018
  • Following the 2016 Gyeongju earthquake, the Pohang Earthquake occurred in 2017, and the south-east region in Korea is under the threat of an earthquake. Especially, in the Pohang Earthquake, the liquefaction phenomenon occurred in the sedimentation area of the coast, and preparation of countermeasures is very important. The soil liquefaction can affect the underground facilities directly as well as various structures on the ground. Therefore, it is necessary to identify the liquefaction risk of facilities and the structures against the possible earthquakes and to prepare countermeasures to minimize them. In this study, we investigated the seismic liquefaction risk about the electric power utility tunnels in the southeast area where the earthquake occurred in Korea recently. In the analysis of seismic liquefaction risk, the earthquake with return period 1000 years and liquefaction potential index are used. The liquefaction risk analysis was conducted in two stages. In the first stage, the liquefaction risk was analyzed by calculating the liquefaction potential index using the ground survey data of the location of electric power utility tunnels in the southeast region. At that time, the seismic amplification in soil layer was considered by soil amplification factor according to the soil classification. In the second stage, the liquefaction risk analysis based on the site response analyses inputted 3 earthquake records were performed for the locations determined to be dangerous from the first step analysis, and the final liquefaction potential index was recalculated. In the analysis, the site investigation data were used from the National Geotechnical Information DB Center. Finally, it can be found that the proposed two stage assessments for liquefaction risk that the macro assessment of liquefaction risk for the underground facilities including the electric power utility tunnel in Korea is carried out at the first stage, and the second risk assessment is performed again with site response analysis for the dangerous regions of the first stage assessment is reasonable and effective.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • 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.

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The Current Status of Multidrug-resistant Tuberculosis in Korea (국내 다제내성 결핵의 실태)

  • Kim, Byoung-Ju;Lee, In-Hee;Lee, Duk-Hyung;Bai, Gill-Han;Kong, Suk-Jun;Lee, Sun-Hwa;Moon, Hae-Ran;Lee, Kyoung-Ryul;Lee, Jun-Young;Park, Seung-Kyu
    • Tuberculosis and Respiratory Diseases
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    • v.60 no.4
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    • pp.404-411
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    • 2006
  • Purpose : Multidrug-resistant tuberculosis (MDR-TB) is an emerging threat to human beings. However, there is little data on the current status of MDR-TB in Korea. This study investigated the current status of MDR-TB in Korea using a survey of all the data from drug susceptibility tests (DST) performed across the country over the last three years. Method : The DST results between Jan. 2000 and Dec. 2002 from 7 laboratories, which were in charge of all antituberculous DSTs across the country as of March 2002, were collected and analyzed to determine the actual number of drug-resistant or MDR-TB patients, annual trend, degree and pattern of resistance against anti-TB drugs, etc. Results : Six laboratories used the absolute concentration method for DST and one used the proportional method. 59, 940 tests had been performed over the 3 year study period. The number of DST performed annually was 18,071, 19,950, and 21,919 in 2000-2002, respectively. The number of resistant tuberculosis patients (resistant against at least one anti-TB drug) had increased by 16.9% from 6,338 in 2000 to 7,409 in 2002. The rate of resistant tuberculosis among all DST results was 35.1% in 2000, 34.5% in 2001, and 33.8% in 2002. The number of MDR-TB patients (resistant against at least both isoniazid and rifampin) showed an increasing trend (14.5%) from 3,708 in 2000 to 4,245 in 2002. Conclusion : Approximately 4,000 MDR-TB cases are newly identified by DST annually and the number is showing an increasing trend. This study suggests that in order to cope with the current MDR-TB situation, the DST methods will need to be standardized and more aggressive measures will be required.

The Effects of the Change of Operating Income Disclosure Policy under K-IFRS - Evidence from KOSDAQ Market - (K-IFRS 이후 영업이익 공시정책의 변화에 대한 연구 - 코스닥 시장을 중심으로 -)

  • Baek, Jeong-Han;Choi, Jong-Seo
    • Management & Information Systems Review
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    • v.33 no.3
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    • pp.167-187
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    • 2014
  • While Korean GAAP had detailed regulations for the measurement and disclosure of operating income in the past, K-IFRS did not provide specific rules for operating income until 2011. Some firms that adopted K-IFRS before 2011 did not disclose or calculated operating income in an inconsistent manner although operating income is usually considered as one of the core information items to assess firm valuation. Inconsistency in firms' treatment of operating income invoked much criticism from diverse users of financial statement. The Korean Accounting Institute (KAI hereafter) revised the K-IFRS rules relevant to operating income in September 2010 in response to the voices raised by the business community, whereby the operating income number is allowed to be calculated in conformity with the previous K-GAAP. This study was motivated by the revision of K-IFRS and aims to provide a clue on the validity of such policy decision. To achieve the research objective, we test the relative value relevance of the alternative operating income numbers under K-IFRS versus K-GAAP. Our main findings are as follows. The value relevance of operating income reported before K-IFRS is proved to be higher than after K-IFRS. K-IFRS operating income adjusted to the previous K-GAAP has greater explanatory power for market values relative to one calculated under the K-IFRS regime. In an additional analysis, the sample was decomposed according to whether the operating income under K-IFRS is greater than under K-GAAP. The difference in the value relevance of K-IFRS versus K-GAAP operating income is significant only in the subsample consisting of firms which reports higher operating income under K-IFRS compared to K-GAAP. Also, the firms which would have reported negative operating income on a consecutive basis are more likely to have chosen K-IFRS, resulting in higher numbers than otherwise. It is likely that firms facing the threat of delisting due to consecutive operating loss reporting are more likely to have adopted K-IFRS disclosure rules by which they could report higher operating income numbers. To sum up, these results corroborate the limitation inherent in the K-IFRS regarding operating income disclosures. This paper suggests that the recent revision of K-IFRS implemented by KAI is likely to mitigate some of afore-mentioned limitations effectively.

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Analysis of Unrest Signs of Activity at the Baegdusan Volcano (백두산 화산의 전조활동 분석 연구)

  • Yun, Sung-Hyo;Lee, Jeong-Hyun
    • The Journal of the Petrological Society of Korea
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    • v.21 no.1
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    • pp.1-12
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    • 2012
  • The Baegdusan volcano is one of the most active volcanoes in northeastern Asia, and the 10th century eruption was the most voluminous eruption in the world in recent 2,000 years. During the period from 2002 to 2005, volcanic earthquakes and abnormal surface distortions by suspected subsurface magma intrusion beneath the volcano were observed in the Baegdusan area. Seismic activity has gradually increased with earthquake swarms during 2002-2003 and hundreds of seismic event in a day, especially annual peak of 2,100 in 2003. Then the number of seismic activity has declined since 2006 to the background level in 1999-2001. According to the typical frequency of volcanic earthquakes in the Baegdusan volcano, the frequency distribution of typical volcanic earthquakes between 2002 and 2005 indicates that all the main frequency of the earthquakes basically falls down less than 5 Hz and 5-10 Hz. These events are all the VT-B and LP events caused by the shallow localized fracture and intrusion of magma. The horizontal displacement measurement by GPS during the period from 2000 to 2007 of the Baegdusan stratovolcano area indicates that an inflated process has been centered at the summit caldera since 2002. The displacement between 2002 and 2003 reached at a maximum value of 4 cm. After 2003, the deformation rate of the volcano continued to decrease with unusual variation during the period from 2006 to 2007. After 2003 the vertical displacement uplift rate falls down gradually but still keeps in an uplift trend in northern slope. It is generally believed that when $^3He/^4He(R)$ in a gas sample from a hot spring exceeds $^3He/^4He(R)$ in the atmosphere, it can be concluded that mantle-source. And temperatures of hot springs are rising steadily to $83^{\circ}C$. It is unrest signals at the Baegdusan, which is potentially active. The Baegdusan volcano is now in unrest status, there is eruption threat in the near future. Intensified monitoring and emergency response plan for volcanic risk mitigation are urgent for the volcano.

Risk Assessment of Arsenic by Human Exposure of Contaminated Soil, Groundwater and Rice Grain (오염된 토양, 지하수 및 쌀의 인체노출에 따른 비소의 위해성 평가)

  • Lee Jin-Soo;Chon Hyo-Taek
    • Economic and Environmental Geology
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    • v.38 no.5 s.174
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    • pp.535-545
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    • 2005
  • Environmental survey from some abandoned metal mine areas was undertaken on to assess the risk of adverse health effects on human exposure to arsenic influenced by past Au-Ag mining activities. Elevated levels of As were found in tailings from the studied mine areas. This high concentration may have a impact on soils and waters around the tailing piles. In order to perform the human risk assessment, chemical analysis data of soils, rice grains and waters fur As have been used. The HQ values fer As via the rice grain and groundwater consumption were significantly higher compared with other exposure pathways in all metal mine areas. However, there were minimal soil and water dermal contact risks. The resulting Hl values of As from the Dongil, Okdong and Hwacheon mine areas were higher than 5.0, and their toxic risk due to drinking water and rice grain was strong in these mine areas. The cancer risk of being exposed to As by the rice grain route from the Dongil, Okdong and Hwacheon mine areas was $5.2\times10^{-4},\;6.0\times10^{-4}\;and\;8.1\times10^{-4}$, respectively. The As cancer risk via the exposure pathway of drinking water from these mine areas exceeded the acceptable risk of 1 in 10,000 fer regulatory purposes. Thus, the daily intakes of groundwater and rice grain by the local residents from the Dongil, Okdong and Hwacheon mine areas can pose a potential health threat if exposed by long-term arsenic exposure.