• Title/Summary/Keyword: legal limits

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Analysis of ethyl glucuronide (EtG) in Hair for the diagnosis of chronic alcohol abuse of Korean (한국인의 만성 알코올 중독 진단을 위한 모발에서 Ethyl Glucuronide (EtG) 분석법 연구)

  • Gong, Bokyoung;Jo, Young-Hoon;Ju, Soyeong;Min, Ji-Sook;Kwon, Mia
    • Analytical Science and Technology
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    • v.33 no.3
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    • pp.151-158
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    • 2020
  • Alcohol, which can easily be obtained in the same way as ordinary beverages, is harmful enough to cause death due to excessive drinking and chronic alcohol intake, so it is important to maintain a proper amount of drinking and healthy drinking habits. In addition, the incidence of behavioral disturbances and impaired judgments that can be caused by chronic alcohol drinking of more than adequate amounts of alcohol is also significant. Accordingly it is very useful for forensic science to check whether the person involved is drunken or is alcoholism state in various accidents. Currently, in Korea, alcohol consumption is determined by detecting the level of alcohol or alcohol metabolism 'ethyl glucuronide (EtG)' in blood or urine samples. However, analysis of alcohol or EtG in blood or urine can only provide information about the current state of alcohol consumption because of a narrow window of detection time. Therefore, it is important to analyze the EtG as a long-term direct alcohol metabolite bio-marker in human hair and to investigate relationship between alcohol consumption and EtG concentration for the evaluation of chronic ethanol consumption. In this study, we established an analytical method for the detection of EtG in Korean hair efficiently and validated selectivity, linearity, limits of detection (LOD), limits of quantification (LOQ), matrix effect, recovery, process efficiency, accuracy and precision using liquid chromatography tandem mass spectrometry (LC-MS/MS). In addition, the assay performance was evaluated in Korean social drinker's hair and the postmortem hair of a chronic alcoholism. The results of this study can be useful in monitoring the alcohol abuse of Korean in clinical cases and legal procedures related to custody and provide a useful tool to evaluate postmortem diagnosis of alcoholic ketoacidosis in forensics.

The assessment and political subject of Revised Security Industry Law (개정 경비업법의 평가와 정책과제)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.36
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    • pp.349-386
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    • 2013
  • This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

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Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

A Study on Medium-Sized Enterprises of Japan (일본의 중견기업에 관한 연구 : 현황과 특징, 정책을 중심으로)

  • Kang, Cheol Gu;Kim, Hyun Sung;Kim, Hyun Chul
    • Korean small business review
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    • v.32 no.2
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    • pp.209-223
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    • 2010
  • Korea's business is composed of a few large-sized enterprises (which can be abbreviated as LSE) and a majority of small-sized enterprises (SSE). Although there has been a growing recognition of the need for the development of medium-sized enterprises (MSE) which can serve as a link between SSE and LSE, as yet there has not yet been a consensus on the definition, characteristics and the function of the MSE in Korea. Nowadays, the world is being globalized, and Japan and China are in competition to ne a great economic power. While East Asia is experiencing rapid changes, promoting MSE which can secure flexibility and efficiency through covering up the limitation of LSE and SSE is needed in order to respond the global market which is being specialized. The features of MSE in Japan can be listed as follows. First, the MSE in Japan is developing the company through getting into niche markets which are hard for major companies to enter rather than developing markets in order to compete against major companies directly. While MSEs are endeavoring to build the business firmly in the domestic market, they can possess special and competitive technical skills through trials and errors; so that they can get a chance develop their business through independent business system rather than putting their effort to compete against major companies. Second, from the MSEs with competitive edge in the market, there are many contributions to the national exportation. Those MSEs produce in domestic and maintain the quality of high price products which need cutting-edge technology, while they relocate the low and middle priced goods to the country where manufacturing costs are low, so that they can maintain the price competitiveness. Third, the industrial structure in Japan is formed from dual structure between major companies and small sized companies. In other words, in Japan's industrial structure which are composed of subcontract structure, this dual structure has taken a major role of small sized companies' growth and manufacturing businesses' international competitive power. Forth, MSE in Japan adopt a strategy of putting their value on qualitative scale growth rather than quantitative scale growth. In this paper, the case of Japanese MSE is analyzed. Along with its long history of Industrialization, Japan has a corporate environment where the SSEs can develop as a MSE and later a LSE through a full-support system. Among its SSEs, there are a number of world class corporations equipped with a large domestic market, win-win cooperation with the LSEs and an independent technology development. It can also be observed that these SSEs develop into MSEs with sustainable growth potentials. This study will focus on the condition under which the MSEs of Japan have been developed, and how they have survived the competition between SSEs and LSEs. Through this study, this paper attempts to offer solutions to Korea's polarization between the SSE and LSE, while providing the basis for SSEs revitalization. In general, if both extremities phenomenon deepen between LSE and SSE, there are possible fears of occurring disutility in national economy by the monopolization of LSE. For that reason, enterprise group, which can make SSE or MSE compete LSE in some area and ease the monopoly and oligopoly problem, is needed. This awareness has been shared for ages long. Nevertheless, there is no legal definition for MSE in Japan, and there is no definition about the enterprise size or unified view of MSE between scholars, but it is defined differently by each of academical person or research institution and study meeting. For that reason, this paper will organize the definition of MSE in Japan, and then will propose the characteristics of the background which has made MSE secure competitiveness and sustainable growth in global market. This study focus on that because through this process, the positive change to the awareness of MSE can be proposed in Korea and to seek the policy direction for building institutional framework which can make SSE become MES. Through this way, the fundamentals for SSE to become MSE can be managed and some appropriate suggestions which will be able to make MSE enter the global market in the future can also be proposed. Due to these facts, this study is very important and well timed task. In a sense of this way, this study will examine the definition and role of MSE in Japan. after this examination, this study will deal with the status, special feature, and promotion policy for MSE. Through this analysis of MSE in Japan, the foundation which be able to set the desirable role model for MSE in Korea can be proposed. Also, the political implication which is needed to push ahead to contribute to creating employment and economic growth through sustainable growth of MSEs in economic system of Korea can be offered through this study. It has been found that Japan's MSE functions as an indispensable link among various industrial structures by holding a significant position in employment rate, production and value added. Although the MSEs took up less than 1% of the entire number of businesses with 2700 manufacturing firms and 7000 non-manufacturing firms, its employment ratios are about 15%, while taking about 25% of the manufacturing industry's exports. In industries such as machinery and electronics which is considered Japan's major industry, the MSEs showed a higher than average ratio of manufacturing exports and employment rate. It can be analyzed that behind Japan's advantageous industries, close and deeply knit MSEs exist. Although there are no clearly stated policies geared towards the MSEs by the Japanese government, various political measures exist such as the R&D Project and the inducement of cooperation between enterprises which gives room for MSEs to participate in the SSE policies. In relation to these findings, the following practical measures can be considered in order to revitalize Korea's MSEs: First, there is a need for a legal definition of MSE and the incentives to provide legal support for its growth. Second, if a law to support the MSEs is established, it could provide a powerful inducement for the SSE to grow as a MSE, rather than stay as a SSE. Third, there is a need for a strategy of MSEs to establish a stable base in the domestic market and then advance to the global market with the accumulated trial and error and competitiveness. Fourth, the SSE themselves need the spirit of entrepreneurship in order to make the leap to a MSE. Because if nothing is to be changed about the system on the firms that grew, and the parts of the past custom was left to be managed alone, confusion and absence of management can take place. No matter how much tax favors the government will give and no matter how much incentive there could be through the policies, there are limits for industries to higher the ability to propagate. And because of that it is a period where industries need their own innovative skills to reform their firms.

Determination of methamphetamine, 4-hydroxymethamphetamine, amphetamine and 4-hydroxyamphetamine in urine using dilute-and-shoot liquid chromatography-tandem mass spectrometry (시료 희석 주입 LC-MS/MS를 이용한 소변 중 메스암페타민, 4-하이드록시메스암페타민, 암페타민 및 4-하이드록시암페타민 동시 분석)

  • Heo, Bo-Reum;Kwon, NamHee;Kim, Jin Young
    • Analytical Science and Technology
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    • v.31 no.4
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    • pp.161-170
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    • 2018
  • The epidemic of disorders associated with synthetic stimulants, such as methamphetamine (MA) and amphetamine (AP), is a health, social, legal, and financial problem. Owing to the high potential of their abuse and addiction, reliable analytical methods are required to detect and identify MA, AP, and their metabolites in biological samples. Thus, a dilute-and-shoot liquid chromatography-tandem mass spectrophotometry (LC-MS/MS) was developed for simultaneous determination of MA, 4-hydroxymethamphetamine (4HMA), AP, and 4-hydroxyamphetamine (4HA) in urine. Urine sample ($100{\mu}L$) was mixed with $50{\mu}L$ of mobile phase consisting of 0.4 % formic acid and methanol and $50{\mu}L$ of working internal-standard solution. Aliquots of $8{\mu}L$ diluted urine was injected into the LC-MS/MS system. For all analytes, chromatographic separation was performed using a C18 reversed-phase column with gradient elution and a total run time of 5 min. The identification and quantification were performed by multiple reaction monitoring (MRM). Linear least-squares regression was conducted to generate a calibration curve, with $1/x^2$ as the weighting factor. The linear ranges were 2.0-200, 1.0-800, and 10-2500 ng/mL for 4HA and 4HMA, AP, and MA, respectively. The inter- and intraday precisions were within 6.6 %, whereas the inter- and intraday accuracies ranged from -14.9 to 11.3 %. The low limits of quantification were 2.0 ng/mL (4HA and 4HMA), 1.0 ng/mL (AP), and 10 ng/mL (MA). The proposed method exhibited satisfactory selectivity, dilution integrity, matrix effect, and stability, which are required for validation. Moreover, the purification efficiency of high-speed centrifugation was clearly higher than 6-15 % for QC samples (n=5), which was higher than that of the membrane-filtration method. The applicability of the proposed method was tested by forensic analysis of urine samples from drug abusers.

The Legal Response and Future Tasks regarding Oil-Spill Damage to Korea - Focusing on the Hebei Spirit oil-spill (한국의 해양유류오염피해에 대한 법적 대응과 과제 - HEBEI SPIRIT호 유류유출사고를 중심으로 -)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.7 no.3
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    • pp.89-120
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    • 2008
  • With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

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Monitoring of Antimicrobial and Preservatives in Dentifrice (치약제 중 항균성분 및 보존제 조사 연구)

  • Lee, Seong-Bong;Kim, Beom-Ho;Jung, Hong-Rae;Lee, So-Hyun;Kwon, Hye-Jung;Bae, Ho-Jeong;Yoon, Mi-Hye
    • Journal of Food Hygiene and Safety
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    • v.31 no.4
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    • pp.272-277
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    • 2016
  • The purpose of this study was to investigate present status of use about antimicrobial agent (triclosan, ethanol) and preservatives (sodium benzoate, methyl p-hydroxybenzoate, propyl p-hydroxybenzoate) in dentifrice. 75 samples including 16 mouthwashes were analyzed in this study. Contents of triclosan and preservatives were analyzed using by HPLC and ethanol was analyzed by headspace-GC. Preservatives were detected from total 37 samples, which are suitable for the legal limits in Korea. Methyl p-hydroxybenzoate was detected from 26 samples (0.003~0.19%), propyl p-hydroxybenzoate was detected from 11 samples (0.002~0.02%) and sodium benzoate was detected from 14 samples (0.1~0.3%), respectively. Methyl p-hydroxybenzoate was detected from 6 samples (0.03~0.19%), propyl p-hydroxybenzoate was detected from 1 samples (0.01%) and sodium benzoate was detected form 5 samples (0.1~0.2%) in 20 dentifrice for children. Triclosan was not detected from 75 samples. Ethanol was detected from 16 samples (4.9~21.9%) in 19 samples; among them three samples showed the higher contents (20.5~21.9%) but ethanol contents was not labeled in these samples.

Heavy Metal Speciation in Compost Derived from the Different Animal Manures (이축분종(異畜糞種) 퇴비에서의 중금속 화학종분화(化學種分化))

  • Ko, H.J.;Choi, H.L.;Kim, K.Y.
    • Journal of Animal Science and Technology
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    • v.46 no.2
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    • pp.273-282
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    • 2004
  • Composting animal manure is one of feasible treatments that reserves some portion of nutrients of manure. Although the application of compost to arable land has many advantages, the repeated cultivation of the agriculture land will accumulate the level of heavy metals in the soil which is potentially hamful to people and animals. Therefore it is important to know the characteristics concentration and species of heavy metals in a variety of chemical fonns than just total content of the metal. Because the metals in different forms have different mobilities and bioavailabilites. The aim of this study was to examine the total content and the chemical forms of the heavy metals; Cr, Ni, Cu, Zn, As, Cd and Pb in the animal manure composted with sawdust or rice hull as a bulking agent. A total of 75 compost samples were collected throughout the country and classified into the three groups in accordance with the characteristics of raw materials: swine manure, poultry manure, and mixed(swine + poultry + cattle)manure. The compost samples were analyzed for total metal content and fractionated by sequential chemical extractions to estimate the quantities of metals: exchangeable, adsorbed, organically bound, carbonate and residual. The results showed that the heavy metal concentrations in all compost samples were lower than the maximum acceptable limits by the Korea Compost Quality Standards. The concentrations of heavy metals in the swine manure compost were higher than those of both the poultry and the mixed manure compost except for Cr. Zn and Cu concentrations of three different compost ranged from 157 to 839 mg Zn/kg DM(dry matter) and from 47 to 458 mg Cu/kg DM, depending on the composition of animal manures. The predominant forms for extracted metals were Cr, Ni, Zn, As and Ph, residual; Cu, organic; and Cd, carbonate. The results suggested that the legal standards for composts should be reexamined to revise the criteria on the total metal content as well as metal speciation.

A Study on the Promotion of Electronic Government and Plans for Archival Management (전자정부 추진과 기록관리방안)

  • Kim, Jae-hun
    • The Korean Journal of Archival Studies
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    • no.5
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    • pp.39-85
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    • 2002
  • This paper is aimed at proposing the policies for managing archives in the process of promoting Electronic Government System. Although there have been many studies of electronic government project and plans for its establishment, this research examines the electronic government system and its problems on the basis of archival science. What I acquired in this paper is as follows. The development of information technology needs great changes ranging from the nation to the individuals. It becomes common that the use of computerized program for business purposes, computerization of information materials and the effective way of search use of electronic documents. Therefore, more and more countries all over the world have been seeking to promote 'Electronic Government', which applies the fruits of the development in information technology to administration process. Recently, Korea has been rapidly entered into the 'Electronic Government' system being against the traditional way of administration. In electronic government system, the 'Life Cycle' of public records will be computerized. Therefore, it is important to change and develop along with the government's policies for 'electronic government project' in the archival management system. This means that the archival management system which have put emphasis on the textual records should be converted to electronic records system. In other words, the records management in electronic government system requires not the transfer and preservation of the records but the consistent management system including the whole process of creating, appraising, arranging, preserving and using the records. So, the systematic management of electronic records plays an important role in realization of electronic government, but it is a subject to be realized by electronic government at the same time. However, the government have overlooked the importance of archival management for long time, especially the importance of electronic records management system. First of all, this research attempts to infer limits and problems through the theoretical considerations of the existing studies for electronic government and to clear up the relations between electronic government and archival management. Based on this, I'll seek to progress the study through reviewing the present condition of archival management in the process of promoting electronic government and suggesting the policies for enhancing the successful electronic government and the construction of scientific archival management system. Since early 1990, many countries in the world have been making every effort to concrete 'Electronic Government'. Using the examples in other nations, it is not difficult to recognize that the embodiment of electronic government is closely connected with the archival management policies. Korea have completed legal and institutional equipments including the new establishment of "Electronic Government Law" to realize electronic government. Also, Korea has been promoting electronic government with the Ministry of Government Administration and Home Affairs and Government Computer Center as a leaders. Though managing records, especially the management of electronic records is essential in electronic government system, we haven't yet discussed this section in Korea. This is disapproved by the fact the Government Archives and Records Service has played little role in promoting electronic government project. There are two problems relating this environment. First, present system can't meet the consistent 'Life Cycle' ranging from the creation to the preservation of electronic records. Second, the 'Life Cycle' of electronic records is divided into two parts and managed separately by GCC and GARS. The life of records is not end with the process raged from creation to distribution. On the other hand, the records are approved their value only whole procedures. Therefore, GARS should play a deading role in designing and establishing the archival management system. The answer to these problems, is as follows. First, we have to complete the electronic records management system through introducing ERMS not EDMS. This means that we should not change and develop towards ERMS simply with supplementing the current electronic records management system. I confirm that it is important and proper to establish ERMS system from the very beginning of the process of promoting electronic government. Second, I suggest the developmental integration of GARS and GCC. At present, the divided operations of GCC and GARS, the former is in charge of the management center for electronic business and the latter is the hub institution of managing nation's records and archives result in many obstacles in establishing electronic government system and accomplishing the duties of systematic archival management. Therefore, I conclude that the expansive movement towards 'National Archives' through the integration among the related agencies will make a great contribution to the realization of electronic government and the establishment of archival management system. In addition to this, it will be of much help to constitute and operate the 'Task Force' regarding the management of electronic records with the two institution as the central figures.

Monitoring of Residual Pesticides in Local Foods Distributed in the Western Gyeonggi Province (경기서부지역 로컬푸드 잔류농약 실태조사)

  • Mi-Hui Son;Jae-Kwan Kim;You-Jin Lee;Ji-Eun Kim;Eun-Jin Baek;Byeong-Tae Kim;Seong-Nam Lee;Myoung-Ki Park;Yong-Bae Park
    • Journal of Food Hygiene and Safety
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    • v.38 no.6
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    • pp.489-495
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    • 2023
  • In this study, we detected the presence of residual pesticides in 341 agricultural products collected from local food outlets in western Gyeonggi Province. Residual pesticides were detected in 105 (30.8%) samples. Six samples exceeded the legal limits for residual pesticides, resulting in a non-compliance rate of 1.8%, which was slightly higher than the average non-compliance rate of 1.4% in the last three years. Among the tested agricultural products, only fruits and vegetables were found to have pesticide residues, with 24 of 34 fruits (a detection rate of 70.6%) and 81 of 277 vegetables (a detection rate of 29.2%) testing positive. In total, 59 types of pesticides, including acetamiprid, which was detected 208 times, were detected and had a detection range of 0.01-2.38 mg/kg. Among the 105 agricultural products containing pesticide residues, a single pesticide was detected in 62 samples (59%) and two or more pesticides were detected in 43 samples (41%). In particular, 14 pesticides were detected in the same sample of peaches; dinotefuran was detected 21 times. Upon examining the toxicity of the detected pesticides, Class III pesticides (moderate toxicity) were detected 44 times (21.2%) and Class IV pesticides (low toxicity) were detected 164 times (78.8%). Class I, II, and III pesticides with fish toxicity were detected 68 (32.7%), 14 (6.7%), and 126 times (60.6%), respectively. Upon examining the exposure to high-frequency pesticide components detected five or more times, the hazard index was found to be ≤2.8%. Accordingly, the hazard of residual pesticides based on dietary intake was deemed insignificant.