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Legal and Regulatory Issues in Genetic Information Discrimination - Focusing on Overseas Regulatory Trends and Domestic Implications - (유전정보 차별금지의 법적문제 - 외국의 규율 동향과 그 시사점을 중심으로 -)

  • Yang, Ji Hyun;Kim, So Yoon
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.237-264
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    • 2017
  • With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

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A Study of Acute Gastroenteritis in Neonates Transfered from Postpartum Care Centers (산후조리원에서 전원되어 입원한 신생아 급성 장염 환자들에 대한 임상적 고찰)

  • Kim, Jong Suh;Lee, Hae Sung;Choi, Jung Hwan;Shin, Yoon Jung;Koo, Mi Lim;Kim, Sung Sin;Kim, Heui Suck;Kim, Eun Ah;Yoon, Sin Won;Kwon, Jae Hoon;Yoon, Sin Won;Kim, Jong Hoon;Sin, Sun Heui;Koo, Sung Kyung;Yang, Sung;Yoo, Sin;Ahn, Young Min;Kim, Eun Mi;Lee, Dong Hwan
    • Pediatric Infection and Vaccine
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    • v.10 no.2
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    • pp.186-192
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    • 2003
  • Purposes : Recently, acute gastroenteritis broke out among the neonates transferred from postpartum care centers located in Seoul, and Gyeounggi area. Thus, we researched the cause, progress and characters of the disease by analyzing the cases from 9 hospitals in Seoul and Gyeounggi area. Methods : We conducted retrospective study of 33 neonates transferred from postpartum care centers from October 2001 to July 2002 : we divided the neonates into 2 groups. The severe group had any of following 5 conditions : blood pH <7.20, respiratory difficulty, mechanical ventilation, shock, and disseminated intravascular coagulation. And the rest were classified into the moderate group. Results : The severe group was significantly more aged than the moderate group(P= 0.005). Weight loss was significantly severe in the severe group(P=0.0512). In blood gas analysis, bicarbonate was less in the severe group than the moderate group(P=0.032). In the virus examination, rotavirus was detected in 7 cases, and astrovirus was detected in 1 case. In the severe group, 4 neonates were dead. Conclusion : In acute gastroenteritis of neonates, early diagnosis and treatment are important. Thus, the legislation of postpartum care center is needed, and the medical specialists should be stationed in postpartum care center. We assume that the severe group had severe conditions because they were treated comparatively late. However, to find out the cause of the disease and to cope with it, the nationwide epidemiologic study on acute gastrenteritis of neonates is needed.

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Homeland Security Management: A Critical Review of Civil Protection Mechanism in Korea (국가안전관리: 한국의 시민보호(위기재난관리) 체계에 관한 비판적 고찰)

  • Kim, Hak-Kyong
    • Korean Security Journal
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    • no.26
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    • pp.121-144
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    • 2011
  • The Framework Act on the Management of Disasters and Safety 2004(FAMDS) currently underpins Korean civil protection system, and under this FAMDS, Korean civil protection establishes a three-tiered government structure for dealing with crises and disasters: central government, provincial & metropolitan government, and local government tiers. In particular, the concept of Integrated Emergency Management(IEM) emphasizes that emergency response organizations should work and act together to respond to crises and disasters effectively, based on the coordination and cooperation model, not the command and control model. In tune with this trend, civil protection matters are, first, dealt with by local responders at the local level without direct involvement of central or federal government in the UK or USA. In other words, central government intervention is usually implemented in the UK and the USA, only when the scale or complexity of a civil protection issue is so vast, and thus requires a degree of central government coordination and support, resting on the severity and impact of the event. In contrast, it appears that civil protection mechanism in Korea has adopted a rigid centralized system within the command and control model, and for this reason, central government can easily interfere with regional or local command and control arrangements; there is a high level of central government decision-making remote from a local area. The principle of subsidiarity tends to be ignored. Under these circumstances, it is questionable whether such top-down arrangements of civil protection in Korea can manage uncertainty, unfamiliarity and unexpectedness in the age of Risk Society and Post-modern society, where interactive complexity is increasingly growing. In this context, the study argues that Korean civil protection system should move towards the decentralized model, based on coordination and cooperation between responding organizations, loosening the command and control structure, as with the UK or the USA emergency management arrangements. For this argument, the study basically explores mechanisms of civil protection arrangements in Korea under current legislation, and then finally attempts to make theoretical suggestions for the future of the Korean civil protection system.

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토양 및 지하수 Investigation 과 Remediation에 대한 현장적용

  • Wallner, Heinz
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2000.11a
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    • pp.44-63
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    • 2000
  • Situated close to Heathrow Airport, and adjacent to the M4 and M25 Motorways, the site at Axis Park is considered a prime location for business in the UK. In consequnce two of the UK's major property development companies, MEPC and Redrew Homes sought the expertise of Intergeo to remediate the contaminated former industrial site prior to its development. Industrial use of the twenty-six hectare site, started in 1936, when Hawker Aircraft commence aircraft manufacture. In 1963 the Firestone Tyre and Rubber Company purchased part of the site. Ford commenced vehicle production at the site in the mid-1970's and production was continued by Iveco Ford from 1986 to the plant's decommissioning in 1997. Geologically the site is underlain by sand and gravel, deposited in prehistory by the River Thames, with London Clay at around 6m depth. The level of groundwater fluctuates seasonally at around 2.5m depth, moving slowly southwest towards local streams and watercourses. A phased investigation of the site was undertaken, which culminated in the extensive site investigation undertaken by Intergeo in 1998. In total 50 boreholes, 90 probeholes and 60 trial pits were used to investigate the site and around 4000 solid and 1300 liquid samples were tested in the laboratory for chemical substances. The investigations identified total petroleum hydrocarbons in the soil up to 25, 000mg/kg. Diesel oil, with some lubricating oil were the main components. Volatile organic compounds were identified in the groundwater in excess of 10mg/l. Specific substances included trichloromethane, trichloromethane and tetrachloroethene. Both the oil and volatile compounds were widely spread across the site, The specific substances identified could be traced back to industrial processes used at one or other dates in the sites history Slightly elevated levels of toxic metals and polycyclic aromatic hydrocarbons were also identified locally. Prior to remediation of the site and throughout its progress, extensive liaison with the regulatory authorities and the client's professional representatives was required. In addition to meetings, numerous technical documents detailing methods and health and safety issues were required in order to comply with UK environmental and safety legislation. After initially considering a range of options to undertake remediation, the following three main techniques were selected: ex-situ bioremediation of hydrocarbon contaminated soils, skimming of free floating hydrocarbon product from the water surface at wells and excavations and air stripping of volatile organic compounds from groundwater recovered from wells. The achievements were as follows: 1) 350, 000m3 of soil was excavated and 112, 000m3 of sand and gravel was processed to remove gravel and cobble sized particles; 2) 53, 000m3 of hydrocarbon contaminated soil was bioremediated in windrows ; 3) 7000m3 of groundwater was processed by skimming to remove free floating Product; 4) 196, 000m3 of groundwater was Processed by air stripping to remove volatile organic compounds. Only 1000m3 of soil left the site for disposal in licensed waste facilities Given the costs of disposal in the UK, the selected methods represented a considerable cost saving to the Clients. All other soil was engineered back into the ground to a precise geotechnical specification. The following objective levels were achieved across the site 1) By a Risk Based Corrective Action (RBCA) methodology it was demonstrated that soil with less that 1000mg/kg total petroleum hydrocarbons did not pose a hazard to health or water resources and therefore, could remain insitu; 2) Soils destined for the residential areas of the site were remediated to 250mg/kg total petroleum hydrocarbons; in the industrial areas 500mg/kg was proven acceptable. 3) Hydrocarbons in groundwater were remediated to below the Dutch Intervegtion Level of 0.6mg/1; 4) Volatile organic compounds/BTEX group substances were reduced to below the Dutch Intervention Levels; 5) Polycyclic aromatic hydrocarbons and metals were below Inter-departmental Committee for the Redevelopment of Contaminated Land guideline levels for intended enduse. In order to verify the qualify of the work 1500 chemical test results were submitted for the purpose of validation. Quality assurance checks were undertaken by independent consultants and at an independent laboratory selected by Intergeo. Long term monitoring of water quality was undertaken for a period of one year after remediation work had been completed. Both the regulatory authorities and Clients representatives endorsed the quality of remediation now completed at the site. Subsequent to completion of the remediation work Redrew Homes constructed a prestige housing development. The properties at "Belvedere Place" retailed at premium prices. On the MEPC site the Post Office, amongst others, has located a major sorting office for the London area. Exceptionally high standards of remediation, control and documentation were a requirement for the work undertaken here.aken here.

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Comparative Review on the Introduction and Operation of Salary Peak System -Focusing on Korea and Japan- (임금피크제 도입운영에 관한 비교법적 검토 -한국과 일본을 중심으로-)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.93-103
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    • 2015
  • In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.

A Legal Study on the Certificate System for Light Sports Aircraft Repairman (경량항공기 정비사 자격증명제도에 관한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won;Lee, Gi-Myung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.175-204
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    • 2018
  • Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.227-260
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    • 2018
  • Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

COATED PARTICLE FUEL FOR HIGH TEMPERATURE GAS COOLED REACTORS

  • Verfondern, Karl;Nabielek, Heinz;Kendall, James M.
    • Nuclear Engineering and Technology
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    • v.39 no.5
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    • pp.603-616
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    • 2007
  • Roy Huddle, having invented the coated particle in Harwell 1957, stated in the early 1970s that we know now everything about particles and coatings and should be going over to deal with other problems. This was on the occasion of the Dragon fuel performance information meeting London 1973: How wrong a genius be! It took until 1978 that really good particles were made in Germany, then during the Japanese HTTR production in the 1990s and finally the Chinese 2000-2001 campaign for HTR-10. Here, we present a review of history and present status. Today, good fuel is measured by different standards from the seventies: where $9*10^{-4}$ initial free heavy metal fraction was typical for early AVR carbide fuel and $3*10^{-4}$ initial free heavy metal fraction was acceptable for oxide fuel in THTR, we insist on values more than an order of magnitude below this value today. Half a percent of particle failure at the end-of-irradiation, another ancient standard, is not even acceptable today, even for the most severe accidents. While legislation and licensing has not changed, one of the reasons we insist on these improvements is the preference for passive systems rather than active controls of earlier times. After renewed HTGR interest, we are reporting about the start of new or reactivated coated particle work in several parts of the world, considering the aspects of designs/ traditional and new materials, manufacturing technologies/ quality control quality assurance, irradiation and accident performance, modeling and performance predictions, and fuel cycle aspects and spent fuel treatment. In very general terms, the coated particle should be strong, reliable, retentive, and affordable. These properties have to be quantified and will be eventually optimized for a specific application system. Results obtained so far indicate that the same particle can be used for steam cycle applications with $700-750^{\circ}C$ helium coolant gas exit, for gas turbine applications at $850-900^{\circ}C$ and for process heat/hydrogen generation applications with $950^{\circ}C$ outlet temperatures. There is a clear set of standards for modem high quality fuel in terms of low levels of heavy metal contamination, manufacture-induced particle defects during fuel body and fuel element making, irradiation/accident induced particle failures and limits on fission product release from intact particles. While gas-cooled reactor design is still open-ended with blocks for the prismatic and spherical fuel elements for the pebble-bed design, there is near worldwide agreement on high quality fuel: a $500{\mu}m$ diameter $UO_2$ kernel of 10% enrichment is surrounded by a $100{\mu}m$ thick sacrificial buffer layer to be followed by a dense inner pyrocarbon layer, a high quality silicon carbide layer of $35{\mu}m$ thickness and theoretical density and another outer pyrocarbon layer. Good performance has been demonstrated both under operational and under accident conditions, i.e. to 10% FIMA and maximum $1600^{\circ}C$ afterwards. And it is the wide-ranging demonstration experience that makes this particle superior. Recommendations are made for further work: 1. Generation of data for presently manufactured materials, e.g. SiC strength and strength distribution, PyC creep and shrinkage and many more material data sets. 2. Renewed start of irradiation and accident testing of modem coated particle fuel. 3. Analysis of existing and newly created data with a view to demonstrate satisfactory performance at burnups beyond 10% FIMA and complete fission product retention even in accidents that go beyond $1600^{\circ}C$ for a short period of time. This work should proceed at both national and international level.

Korea's Terrorist Environment and Crisis Management Plan (한국의 테러환경과 위기관리 방안)

  • Jang, Sung Jin;Kim, Young-Hyun;Shin, Seung-Cheol
    • Korean Security Journal
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    • no.52
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    • pp.73-91
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    • 2017
  • This study is based on the political and economic standpoint of each country, Use advanced equipment to prevent new terrorism from causing widespread damage, In order to establish a countermeasures against terrorism in accordance with the reality of Korea, which is effective in responding to terrorist attacks, Korea conducted a SWOT analysis of the terrorist environment and terrorist environment through specialists. First, internal strengths of Korea 's terrorist environment include stable security situation, weakness of religious and ethnic conflicts, strong regulation and control of firearms, and counter terrorism capabilities and know - how accumulated during major international events. Second, the internal weaknesses of the terrorist environment in Korea include the insecurity of the people, the instability caused by the military confrontation with North Korea, the absence of anti-terrorism law system, the difficulty of terrorism control and management by the development of the Internet and IT technology. Third, the external opportunities for Korea 's terrorist environment are as follows: ease of supplementation and learning through cases of foreign terrorism failure, ease of increase of terrorist budget and support with higher terrorism issues, strengthening of counterterrorism through military cooperation with allied nationsRespectively. Fourth, the external threats to the terrorist environment in Korea are the increase of social dissatisfaction due to the continuous influx of defectors and foreign workers, the goal of terrorism from international terrorist organizations through alliance with the United States,Increased frequency of incidents, and increased IS coverage of terrorism around the world. In addition, the SWOT in - depth interviews on the terrorist environment of the expert group were conducted to diagnose and analyze the problems, terrorism awareness and legal system in the Korean terror environment. The results of the study are summarized as follows.First, the basic law on terrorism should be enacted.Second, the establishment of an integrated anti-terrorism organization.Third, securing and nurturing specialized personnel in response to terrorism.

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