• Title/Summary/Keyword: legal regulations

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Critical Review of the Former Korean Regulations for Consumer Chemicals and the Humidifier Disinfectant Disaster (가습기 살균제 참사와 관련된 당시 생활화학물질 관리 법령에 대한 비판적 고찰)

  • Cho, Dae Hwan;Zoh, Kyung Ehi;Park, Taehyun;Choi, Yeyong;Park, Dong-Uk
    • Journal of Environmental Health Sciences
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    • v.48 no.3
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    • pp.183-194
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    • 2022
  • Background: No study has examined the regulatory factors associated with fatal health problems due to the use of humidified disinfectants (HD) in South Korea. Objectives: This study aimed to identify and discuss the deficiencies and limitations found in the Toxic Chemical Control Acts (TCCA) that failed to prevent the health risk of chemicals in HD products. Methods: The South Korean TCCA was reviewed focusing on acts in operation from 1994 through the end of 2011, the period when HD was allowed in manufacturing and marketing. Results: The TCCA was the act intended to regulate the toxicity of chemicals in HD products. We found the TCCA to lack three key legal clauses which would have been essential to controlling the health risk of HD. First, there was the exemption of toxic and hazard testing for existing chemicals, including chloromethylisothiazolinone (CMIT), methylisothiazolinone (MIT), and benzalkonium chloride (BKC). Secondly, there were no articles requiring industry to provide animal inhalation test result for polymers such as polyhexamethylene guanidine (PHMG) and Oligo(2-)ethoxyethoxyethyl guanidine chloride (PGH). Finally, there was a lack of articles on examining the risk of products as well as on addressing changes in the usage of products. These articles were found to be generally provided in the US Toxic Substance Chemical Act (TSCA) and the EU Registration, Evaluation and Authorization of Chemicals (REACH). Conclusions: In conclusion, the Ministry of Environment of South Korea had not updated key articles for regulating hazardous chemicals, causing large-scale health problems due to HD which had been fundamentally addressed in chemical-related acts in other countries.

Classification of Red Wines by Near Infrared Transflectance Spectroscopy

  • W.Guggenbichler;Huck, C.W.;M.Popp;G.K.Bonn
    • Proceedings of the Korean Society of Near Infrared Spectroscopy Conference
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    • 2001.06a
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    • pp.1516-1516
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    • 2001
  • During the recent years, wine analysis has played an increasing role due the health benefits of phenolic ingredients in red wine [1]. On the other hand there is the need to be able to distinguish between different wine varieties. Consumers want to know if a wine is an adulterated one or if it is based on the pure grape. Producers need to certificate their wines in order to ensure compliance with legal regulations. Up to now, the attempts to investigate the origin of wines were based on high-performance liquid chromatography (HPLC), gas chromatography (GC) and pyrolysis mass spectrometry (PMS) [l,2,3]. These methods need sample pretreatment, long analysis times and therefore lack of high sample throughput. In contradiction to these techniques using near infrared spectroscopy (NIRS), no sample pretreatment is necessary and the analysis time for one sample is only about 10 seconds. Hence, a near infrared spectroscopic method is presented that allows a fast classification of wine varieties in bottled red wines. For this, the spectra of 50 bottles of Cabernet Sauvignon, Lagrein and Sangiovese (Chianti) were recorded without any sample pretreatment over a wavelength range from 1000 to 2500 nm with a resolution of 12 cm$\^$-1/. 10 scans were used for an average spectrum. In order to yield best reproducibility, wines were thermostated at 23$^{\circ}C$ and a optical layer thickness of 3 mm was used. All recorded spectra were partitioned into a calibration and validation set (70% and 30%). Finally, a 3d scatter plot of the different investigated varieties allowed to distinguish between Cabernet Sauvignon, Lagrein and Sangiovese (Chianti). Considering the short analysis times this NRS-method will be an interesting tool for the quality control of wine verification and also for experienced sommeliers.

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Comparison of Community Rehabilitation Services for the Elderly in South Korea and Japan: Focusing on the Long-Term Care Insurance System (한국과 일본의 노인 대상 지역사회 재활서비스 비교 연구: 노인장기요양보험 제도를 중심으로)

  • Lee, Minyoung
    • Physical Therapy Korea
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    • v.29 no.2
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    • pp.94-105
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    • 2022
  • Background: As South Korea enters an aged society, the government has emphasized the need for a soft landing of the older adults into the community after the acute and recovery periods under a national policy of "community care." However, the institutionalization of community rehabilitation services to implement this is insufficient. Japan had already entered an aged society when the Long-Term Care Insurance System was introduced in 2000. Thus, the case of Japan's institutionalization of the system is expected to have implications for us in supplementing a suitable system for the aged society. Objects: This study compared the institutionalization process of the Long-Term Care Insurance System in South Korea and Japan and the services currently being implemented in each country. Methods: To examine the institutionalization process and services of the system, related legal rules and regulations, government reports, and articles were reviewed. To examine the operation status of the system, statistical data provided by each country's government were analyzed. Results: Japan recognized the importance of community rehabilitation even before the enactment of Long-Term Care Insurance. Thus, community rehabilitation services, such as home-visit rehabilitation and health facilities, were already stipulated in the law. Under such institutional legacy, Long-Term Care Insurance was able to establish a service system, which balanced welfare and health-related services, including various types of services with enhanced rehabilitation functions. In South Korea, rehabilitation policies were not much considered in the process of institutionalizing the system; thus, it was composed mainly of services focusing on care and recuperation. Conclusion: In order to realize community care, rehabilitation services need to be developed in Long-Term Care Insurance System in various forms such as home-visit services, daily services, short stay, and facility services.

Searching for Ways to Improve Visiting Oral Health Care Services in Korea through Comparison with Japanese System in Long-Term Care Insurance

  • Sang-Hwan Oh;Rumi Nishimura;Soo-Jeong Hwang
    • Journal of dental hygiene science
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    • v.23 no.2
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    • pp.154-168
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    • 2023
  • Background: Legal regulations and fees have been established in Korea to provide visiting oral health care services to individuals with long-term care insurance (LTCI). However, beneficiaries of this service are very limited. Therefore, to improve the Korean system we propose a comparative analysis with the Japanese system. Methods: This study is a descriptive analysis based on secondary data, such as statistics, laws, and service record forms from Korea and Japan. The most recent institutional documents were obtained through a Google search. The variables investigated were financial resources of LTCI, co-payment structure, monthly limit of LTCI benefits, care levels of LTCI, service providers, service costs, contents of service, and the number of cases of service. Results: In both Korea and Japan, LTCI is financed through a combination of taxes and insurance premiums. However, the monthly limit for receiving LTCI services in Japan is about 2.4 times higher than in Korea. Visiting medical and dental treatment is also possible in Japan. Furthermore, nursing staff can provide daily oral health care services according to dental hygienists' instruction unlike Korea. Oral health care services in Korea are focused on oral hygiene and prevention of oral diseases, while Japan additionally provides oral function screening, patient education for oral health management, and training for nursing staff to enhance oral function, eating, and swallowing of the patients. Conclusion: We concluded that the possibility of visiting dental treatment, differences in monthly limit of LTCI benefits, oral function assessment and guidance, as well as collaboration with other healthcare professionals contributed to the difference in the frequency of utilization of visiting oral health care services between Korea and Japan.

Diverse and predominantly sub-adult Epinephelus sp. groupers from small-scale fisheries in South Sulawesi, Indonesia

  • Nadiarti Nurdin Kadir;Aidah A. Ala Husain;Dody Priosambodo;Muhammad Jamal;Irmawati;Indrabayu;Abigail Mary Moore
    • Fisheries and Aquatic Sciences
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    • v.26 no.6
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    • pp.380-392
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    • 2023
  • Groupers (Family Epinephelidae) are commonly caught in data-poor small-scale multi-species fisheries for sale on both export and domestic markets. This study presents data on the species composition and size/life-stage structure of Epinephelus spp. groupers caught by small-scale fishers and sold locally in the Indonesian province of South Sulawesi. Data were collected from fishing ports and local markets at 12 sites representing the three seaways around South Sulawesi (Makassar Strait, Flores Sea, Gulf of Bone). Each specimen (n = 3,398) was photographed alongside an object of known length, and total length (TL) was obtained using the Rapid Scaling on Object (RASIO). Of the 23 species identified, four (Epinephelus areolatus, Epinephelus ongus, Epinephelus quoyanus, and Epinephelus fasciatus) collectively comprised 69% of the catch, while the 13 least abundant species contributed less than 5%. The catch was dominated (67%) by the subadult life-stage, with just under 20% in the adult class. Juveniles dominated the catch of Epinephelus fuscoguttatus, a valuable export commodity. Observations of early maturity as well as the sizeable gap between length at first capture (Lc) and length at first maturity (Lm) indicate recruitment overfishing of most species, with the notable exception of Epinephelus rivulatus. The proportion of adult fish was low (≈5%-30%) for the twelve most abundant species (E. areolatus, E. ongus, Epinephelus quoyanus, E. fasciatus, Epinephelus coioides, Epinephelus faveatus, Epinephelus sexfasciatus, Epinephelus maculatus, Epinephelus bleekeri, Epinephelus corallicola, E. fuscoguttatus, Epinephelus polyphekadion). For two moderately abundant species (E. faveatus and E. malabaricus), TL < Lm for all specimens. The limited data available indicate spawning ratio is lower than reported from deep-water fisheries of E. areolatus and E. coioides. The results call for targeted research to fill knowledge gaps regarding the biology and ecology of groupers exploited mainly for domestic markets; highlight the need for species-level data to inform management policies such as minimum legal size regulations; and can contribute towards species-level status assessments.

A Study on the Penalty Tax under the Korean Customs Act-Focusing on the Unconstitutionality of the Adminstrative Penalty Imposed together and Heavy Penalty Tax (한국 관세법상 가산세에 관한 연구 - 행정형벌 병과와 중가산세 조항의 위헌 여부 등을 중심으로)

  • Min-Gyu Park
    • Korea Trade Review
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    • v.46 no.3
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    • pp.185-201
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    • 2021
  • This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

A Study of Institutional Improvements for Responding to Electric Vehicle Fires: Focusing on the Case of Seoul (전기자동차 화재 대응을 위한 제도적 개선 방안 연구: 서울시 사례를 중심으로)

  • Nam-Kwun Park;Seung-Hee Ham
    • Journal of the Society of Disaster Information
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    • v.20 no.1
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    • pp.32-39
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    • 2024
  • Purpose and Method: This study aims to suggest institutional improvements to enhance the response to electric vehicle fires. To this end, we examined the prevalence of electric vehicles, fires, and related legal systems in Seoul. Results: The top-level laws and ordinances related to electric vehicles are centered on distribution policies, so there is no practical fire response plan for electric vehicle fires. In order to apply the same regulations to each local government, it is necessary to set standards and establish a system for firefighting and safety facilities in higher laws. Conclusion: Establishing standards for the installation of fire and safety facilities that take into account the characteristics of electric vehicle fires and improving related systems will ultimately lead to an increase in the penetration rate of electric vehicles.

Definition and Division in Intelligent Service Facility for Integrating Management (지능화시설의 통합운영관리를 위한 정의 및 구분에 관한 연구)

  • PARK, Jeong-Woo;YIM, Du-Hyun;NAM, Kwang-Woo;KIM, Jin-Young
    • Journal of the Korean Association of Geographic Information Studies
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    • v.19 no.4
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    • pp.52-62
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    • 2016
  • Smart City is urban development for complex problem solving that provides convenience and safety for citizens, and it is a blueprint for future cities. In 2008, the Korean government defined the construction, management, and government support of U-Cities in the legislation, Act on the Construction, Etc. of Ubiquitous Cities (Ubiquitous City Act), which included definitions of terms used in the act. In addition, the Minister of Land, Infrastructure and Transport has established a "ubiquitous city master plan" considering this legislation. The concept of U-Cities is complex, due to the mix of informatization and urban planning. Because of this complexity, the foundation of relevant regulations is inadequate, which is impeding the establishment and implementation of practical plans. Smart City intelligent service facilities are not easy to define and classify, because technology is rapidly changing and includes various devices for gathering and expressing information. The purpose of this study is to complement the legal definition of the intelligent service facility, which is necessary for integrated management and operation. The related laws and regulations on U-City were analyzed using text-mining techniques to identify insufficient legal definitions of intelligent service facilities. Using data gathered from interviews with officials responsible for constructing U-Cities, this study identified problems generated by implementing intelligent service facilities at the field level. This strategy should contribute to improved efficiency management, the foundation for building integrated utilization between departments. Efficiencies include providing a clear concept for establishing five-year renewable plans for U-Cities.

Legal Aspects on ICAO SARPs Regarding Alternative Fire Extinguishing Agent to Halon Fire Extinguishers

  • Lee, Gun-young;Kang, Woo-Jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.205-226
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    • 2018
  • For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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