• Title/Summary/Keyword: authorization

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A Study on Unauthorized Anchoring of Foreign-flag Vessels in Internal Waters and Territorial Sea (외국선박의 내수 및 영해 무단정박에 관한 연구)

  • Lim, Chae-Hyun;Lee, Chang-Hee;Jeong, Dae-Deuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.2
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    • pp.280-289
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    • 2022
  • Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

Applicability of QSAR Models for Acute Aquatic Toxicity under the Act on Registration, Evaluation, etc. of Chemicals in the Republic of Korea (화평법에 따른 급성 수생독성 예측을 위한 QSAR 모델의 활용 가능성 연구)

  • Kang, Dongjin;Jang, Seok-Won;Lee, Si-Won;Lee, Jae-Hyun;Lee, Sang Hee;Kim, Pilje;Chung, Hyen-Mi;Seong, Chang-Ho
    • Journal of Environmental Health Sciences
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    • v.48 no.3
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    • pp.159-166
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    • 2022
  • Background: A quantitative structure-activity relationship (QSAR) model was adopted in the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH, EU) regulations as well as the Act on Registration, Evaluation, etc. of Chemicals (AREC, Republic of Korea). It has been previously used in the registration of chemicals. Objectives: In this study, we investigated the correlation between the predicted data provided by three prediction programs using a QSAR model and actual experimental results (acute fish, daphnia magna toxicity). Through this approach, we aimed to effectively conjecture on the performance and determine the most applicable programs when designating toxic substances through the AREC. Methods: Chemicals that had been registered and evaluated in the Toxic Chemicals Control Act (TCCA, Republic of Korea) were selected for this study. Two prediction programs developed and operated by the U.S. EPA - the Ecological Structure-Activity Relationship (ECOSAR) and Toxicity Estimation Software Tool (T.E.S.T.) models - were utilized along with the TOPKAT (Toxicity Prediction by Komputer Assisted Technology) commercial program. The applicability of these three programs was evaluated according to three parameters: accuracy, sensitivity, and specificity. Results: The prediction analysis on fish and daphnia magna in the three programs showed that the TOPKAT program had better sensitivity than the others. Conclusions: Although the predictive performance of the TOPKAT program when using a single predictive program was found to perform well in toxic substance designation, using a single program involves many restrictions. It is necessary to validate the reliability of predictions by utilizing multiple methods when applying the prediction program to the regulation of chemicals.

A Study on Constructing a RMF Optimized for Korean National Defense for Weapon System Development (무기체계 개발을 위한 한국형 국방 RMF 구축 방안 연구)

  • Jung keun Ahn;Kwangsoo Cho;Han-jin Jeong;Ji-hun Jeong;Seung-joo Kim
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.5
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    • pp.827-846
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    • 2023
  • Recently, various information technologies such as network communication and sensors have begun to be integrated into weapon systems that were previously operated in stand-alone. This helps the operators of the weapon system to make quick and accurate decisions, thereby allowing for effective operation of the weapon system. However, as the involvement of the cyber domain in weapon systems increases, it is expected that the potential for damage from cyber attacks will also increase. To develop a secure weapon system, it is necessary to implement built-in security, which helps considering security from the requirement stage of the software development process. The U.S. Department of Defense is implementing the Risk Management Framework Assessment and Authorization (RMF A&A) process, along with the introduction of the concept of cybersecurity, for the evaluation and acquisition of weapon systems. Similarly, South Korea is also continuously making efforts to implement the Korea Risk Management Framework (K-RMF). However, so far, there are no cases where K-RMF has been applied from the development stage, and most of the data and documents related to the U.S. RMF A&A are not disclosed for confidentiality reasons. In this study, we propose the method for inferring the composition of the K-RMF based on systematic threat analysis method and the publicly released documents and data related to RMF. Furthermore, we demonstrate the effectiveness of our inferring method by applying it to the naval battleship system.

Descriptive analysis of COVID-19 statistics across nations (OECD 국가별 코로나19의 기술 통계 분석)

  • Ji-sun An;Mingue Park
    • The Korean Journal of Applied Statistics
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    • v.36 no.5
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    • pp.447-455
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    • 2023
  • COVID-19 is an emerging infectious disease that is hard to predict in terms of fatality rate, treatments, and the timing of its end. World is developing treatments and vaccines for COVID-19. Several treatments and vaccines currently have emergency use authorization, but the treatments are only allowed for critically ill patients with COVID-19. Therefore, the aim of this study is to analyze the confirmed cases of COVID-19, including mortality and testing, in OECD countries and to assess the effect of vaccination on mortality. Looking at the confirmed cases, mortality, and vaccination rates of COVID-19, the number of confirmed cases was lower than previously reported cases after full vaccination. In early 2022, with Omicron, the confirmed cases increased sharply, while mortality dropped, and the mortality showed a gentle curve as the cumulative fully vaccinated exceeded 50%. This indicates that COVID-19 vaccines have an effect on reducing mortality. However, the duration of effectiveness of vaccines was considerably short, which decreased the initial inoculation effect and increased the monthly mortality. As this study was carried out during the COVID-19 pandemic, there was not enough data to analyze comprehensively. However, it is meaningful to compare and analyze the impact of COVID-19 by country.

Development of Rapid Antibody-based Therapeutic Platform Correspondence for New Viruses Using Antigen-specific Single Cell Memory B Cell Sorting Technology (항원 특이적 단일 기억 B 세포 분리를 이용한 신종 바이러스 대응 신속 항체 플랫폼 개발)

  • Jiyoon Seok;Suhan Jung;Ye Gi Han;Arum Park;Jung Eun Kim;Young Jo Song;Chi Ho Yu;Hyeongseok Yun;Se Hun Gu;Seung-Ho Lee;Yong Han Lee;Gyeunghaeng Hur;Woong Choi
    • Journal of the Korea Institute of Military Science and Technology
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    • v.27 no.1
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    • pp.116-125
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    • 2024
  • The COVID-19 pandemic is not over despite the emergency use authorization as can see recent COVID-19 daily confirmed cases. The viruses are not only difficult to diagnose and treat due to random mutations, but also pose threat human being because they have the potential to be exploited as biochemical weapons by genetic manipulation. Therefore, it is inevitable to the rapid antibody-based therapeutic platform to quickly respond to future pandemics by new/re-emerging viruses. Although numerous researches have been conducted for the fast development of antibody-based therapeutics, it is sometimes hard to respond rapidly to new viruses because of complicated expression or purification processes for antibody production. In this study, a novel rapid antibody-based therapeutic platform using single B cell sorting method and mRNA-antibody. High immunogenicity was caused to produce antibodies in vivo through mRNA-antigen inoculation. Subsequently, antigen-specific antibody candidates were selected and obtained using isolation of B cells containing antibody at the single cell level. Using the antibody-based therapeutic platform system in this study, it was confirmed that novel antigen-specific antibodies could be obtained in about 40 days, and suggested that the possibility of rapid response to new variant viruses.

The International Arbitration System for the Settlement of Investor-State Disputes in the FTA (FTA(자유무역협정)에서 투자자 대 국가간 분쟁해결을 위한 국제중재제도)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.181-226
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    • 2008
  • The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

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Implementation of An Automatic Authentication System Based on Patient's Situations and Its Performance Evaluation (환자상황 기반의 자동인증시스템 구축 및 성능평가)

  • Ham, Gyu-Sung;Joo, Su-Chong
    • Journal of Internet Computing and Services
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    • v.21 no.4
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    • pp.25-34
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    • 2020
  • In the current medical information system, a system environment is constructed in which Biometric data generated by using IoT or medical equipment connected to a patient can be stored in a medical information server and monitored at the same time. Also, the patient's biometric data, medical information, and personal information after simple authentication using only the ID / PW via the mobile terminal of the medical staff are easily accessible. However, the method of accessing these medical information needs to be improved in the dimension of protecting patient's personal information, and provides a quick authentication system for first aid. In this paper, we implemented an automatic authentication system based on the patient's situation and evaluated its performance. Patient's situation was graded into normal and emergency situation, and the situation of the patient was determined in real time using incoming patient biometric data from the ward. If the patient's situation is an emergency, an emergency message including an emergency code is send to the mobile terminal of the medical staff, and they attempted automatic authentication to access the upper medical information of the patient. Automatic authentication is a combination of user authentication(ID/PW, emergency code) and mobile terminal authentication(medical staff's role, working hours, work location). After user authentication, mobile terminal authentication is proceeded automatically without additional intervention by medical staff. After completing all authentications, medical staffs get authorization according to the role of medical staffs and patient's situations, and can access to the patient's graded medical information and personal information through the mobile terminal. We protected the patient's medical information through limited medical information access by the medical staff according to the patient's situation, and provided an automatic authentication without additional intervention in an emergency situation. We performed performance evaluation to verify the performance of the implemented automatic authentication system.

A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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A Study on Piracy Matters and Introduction of the Privately Contracted Armed Security Personnel on Board Ships (해적사건 대응을 위한 무장경비원제도 도입방안에 관한 연구)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.41
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    • pp.293-326
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    • 2014
  • Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

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A Study on the Improvement of Laws Related to the Safety Management of Children's Play Facilities (어린이놀이시설 안전관리법규의 개선방향)

  • Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.2
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    • pp.47-61
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    • 2009
  • The purpose of this study was to understand the laws related to the safety management of children's play facilities(LRSMCPF) including the "Safety Supervision Law of Children's Play Facilities(SSLCPF)" and the "Quality Management and Industrial Products Safety Management Law(QMIPSAL)", in order to analyze the problems by 4 phases-development of products, landscape design, landscape construction and maintenance considering landscape project procedure-and to propose a revision of the laws. The results are as follows: 1. The various LRSMCPF, SSLCPF and QMIPSAL, as basic laws for the safety management of children's play facilities, were insufficient regarding the features of children's play facilities and play spaces, which are both comparatively varied and complex. 2. In development of products, the one-year duration of safety certification based on QMIPSAL was too short and the procedure for safety certification were redundant in both products and plants inspection, and export and import product inspection. 3. The field inspection of construction sites based on SSLCPF was repeated with quality control and a consultation of rules based on "Construction Technology Management Law". 4. There are not enough safety inspection organizations regarding children's play facilities to meet the demand of safety certification, safety inspection, and safety education in the near future. 5. For children's play safety, the establishment of a general safety management system for children's play connected with the phases is needed to ensure safe play equipment, to construct safe playgrounds, and to manage play facilities. The criteria, regulations, and procedure regarding safety certification and safety inspection of play facilities must be revised efficiently and standardized to a global level as well. To improve the system and contents of safety certification and inspection, authorization of safety inspection organizations based on landscape architecture is needed. Further study will be required to concretely analyze in detail the laws, enforcement decrees and rules, and ordinances that consider the practical experience of professional landscape architects, inspectors, and lawyers.