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The Concept of 'Risk' and the Proportionality Review of Infectious Disease Prevention Measures (감염병 팬데믹에서의 '리스크' 개념과 방역조치에 대한 비례성 심사의 구체화 -집합제한조치에 대한 국내외 판결을 중심으로-)

  • You, Kihoon
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.139-207
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    • 2022
  • As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

Validation of GOCI-II Products in an Inner Bay through Synchronous Usage of UAV and Ship-based Measurements (드론과 선박을 동시 활용한 내만에서의 GOCI-II 산출물 검증)

  • Baek, Seungil;Koh, Sooyoon;Lim, Taehong;Jeon, Gi-Seong;Do, Youngju;Jeong, Yujin;Park, Sohyeon;Lee, Yongtak;Kim, Wonkook
    • Korean Journal of Remote Sensing
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    • v.38 no.5_1
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    • pp.609-625
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    • 2022
  • Validation of satellite data products is critical for subsequent analysis that is based on the data. Particularly, performance of ocean color products in turbid and shallow near-land ocean areas has been questioned for long time for its difficulty that stems from the complex optical environment with varying distribution of water constituents. Furthermore, validation with ship-based or station-based measurements has also exhibited clear limitation in its spatial scale that is not compatible with that of satellite data. This study firstly performed validation of major GOCI-II products such as remote sensing reflectance, chlorophyll-a concentration, suspended particulate matter, and colored dissolved organic matter, using the in-situ measurements collected from ship-based field campaign. Secondly, this study also presents preliminary analysis on the use of drone images for product validation. Multispectral images were acquired from a MicaSense RedEdge camera onboard a UAV to compensate for the significant scale difference between the ship-based measurements and the satellite data. Variation of water radiance in terms of camera altitude was analyzed for future application of drone images for validation. Validation conducted with a limited number of samples showed that GOCI-II remote sensing reflectance at 555 nm is overestimated more than 30%, and chlorophyll-a and colored dissolved organic matter products exhibited little correlation with in-situ measurements. Suspended particulate matter showed moderate correlation with in-situ measurements (R2~0.6), with approximately 20% uncertainty.

Generation of Daily High-resolution Sea Surface Temperature for the Seas around the Korean Peninsula Using Multi-satellite Data and Artificial Intelligence (다종 위성자료와 인공지능 기법을 이용한 한반도 주변 해역의 고해상도 해수면온도 자료 생산)

  • Jung, Sihun;Choo, Minki;Im, Jungho;Cho, Dongjin
    • Korean Journal of Remote Sensing
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    • v.38 no.5_2
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    • pp.707-723
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    • 2022
  • Although satellite-based sea surface temperature (SST) is advantageous for monitoring large areas, spatiotemporal data gaps frequently occur due to various environmental or mechanical causes. Thus, it is crucial to fill in the gaps to maximize its usability. In this study, daily SST composite fields with a resolution of 4 km were produced through a two-step machine learning approach using polar-orbiting and geostationary satellite SST data. The first step was SST reconstruction based on Data Interpolate Convolutional AutoEncoder (DINCAE) using multi-satellite-derived SST data. The second step improved the reconstructed SST targeting in situ measurements based on light gradient boosting machine (LGBM) to finally produce daily SST composite fields. The DINCAE model was validated using random masks for 50 days, whereas the LGBM model was evaluated using leave-one-year-out cross-validation (LOYOCV). The SST reconstruction accuracy was high, resulting in R2 of 0.98, and a root-mean-square-error (RMSE) of 0.97℃. The accuracy increase by the second step was also high when compared to in situ measurements, resulting in an RMSE decrease of 0.21-0.29℃ and an MAE decrease of 0.17-0.24℃. The SST composite fields generated using all in situ data in this study were comparable with the existing data assimilated SST composite fields. In addition, the LGBM model in the second step greatly reduced the overfitting, which was reported as a limitation in the previous study that used random forest. The spatial distribution of the corrected SST was similar to those of existing high resolution SST composite fields, revealing that spatial details of oceanic phenomena such as fronts, eddies and SST gradients were well simulated. This research demonstrated the potential to produce high resolution seamless SST composite fields using multi-satellite data and artificial intelligence.

Annual Variation on Observation and Activity Pattern of Korean Chipmunk (Tamias sibiricus) in the Seoraksan and Jirisan National Parks, South Korea (설악산과 지리산 국립공원에 서식하는 다람쥐의 연중 관찰 양상과 행동 패턴)

  • Eom, Tae-Kyung;Lee, Jae-Kang;Lee, Dong-Ho;Ko, Hyeongyu;Bae, Ho-Kyoung;Kim, Kyu-Jung;Hwang, Hyun-Su;Park, Go Eun;Choi, Won-Il;Lim, Jong-Hwan;Park, Chan-Ryul;Rhim, Shin-Jae
    • Korean Journal of Environment and Ecology
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    • v.36 no.4
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    • pp.361-367
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    • 2022
  • This study was conducted to identify annual variation of observation and activity pattern of Korean chipmunk (Tamias sibiricus) using camera traps in the Seoraksan and Jirisan National Parks, South Korea from May 2019 to May 2021. The annual variation was identified based on the observed frequency through weekly observations. Daily activity patterns of the species were also analyzed by season. The daily activity pattern of chipmunk appeared to be constantly diurnal across the years regardless of habitat or season. The Korean chipmunks living in the two different regions were observed in different time periods throughout the year. While the chipmunks inhabiting the Seoraksan were observed from 18th to 45th week, the chipmunks inhabiting the Jirisan National Park were observed from 7th to 48th week. This may be influenced by the hibernation period of chipmunks in the two different regions. In both regions, chipmunks were most frequently observed in autumn. It is considered that seasonal variation on population dynamic and activity patterns of chipmunks were reflected in the observation frequency. Although the observation frequency of camera trap is an indirect indicator and thus having a limitation that it cannot distinguish the population density and amount of activity for the target species, camera trapping is still an effective survey technique for monitoring mammals due to its high accessibility and easy use.

Analysis of the relationship between interest rate spreads and stock returns by industry (금리 스프레드와 산업별 주식 수익률 관계 분석)

  • Kim, Kyuhyeong;Park, Jinsoo;Suh, Jihae
    • Journal of Intelligence and Information Systems
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    • v.28 no.3
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    • pp.105-117
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    • 2022
  • This study analyzes the effects between stock returns and interest rate spread, difference between long-term and short-term interest rate through the polynomial linear regression analysis. The existing research concentrated on the business forecast through the interest rate spread focusing on the US market. The previous studies verified the interest rate spread based on the leading indicators of business forecast by moderating the period of long-term/short-term interest rates and analyzing the degree of leading. After the 7th reform of composite indices of business indicators in Korea of 2006, the interest rate spread was included in the items of composing the business leading indicators, which is utilized till today. Nevertheless, there are a few research on stock returns of each industry and interest rate spread in domestic stock market. Therefore, this study analyzed the stock returns of each industry and interest rate spread targeting Korean stock market. This study selected the long-term/short-term interest rates with high causality through the regression analysis, and then understood the correlations with each leading period and industry. To overcome the limitation of the simple linear regression analysis, polynomial linear regression analysis is used, which raised explanatory power. As a result, the high causality was verified when using differences between returns of corporate bond(AA-) without guarantee for three years by leading six months and call rate returns as interest rate spread. In addition, analyzing the stock returns of each industry, the relation between the relevant interest rate spread and returns of the automobile industry was the closest. This study is significant in the aspect of verifying the causality of interest rate spread, business forecast, and stock returns in Korea. Even though it could be limited to forecast the stock price by using only the interest rate spread, it would be working as a strong factor when it is properly utilized with other various factors.

A Study on Cinematic Representations of Posthuman Girls in South Korea-Focused on The Silenced and The Witch: Part 1. The Subversion (한국 영화에 나타난 포스트휴먼 소녀의 재현 양상 연구 -<경성학교: 사라진 소녀들>, <마녀>를 중심으로)

  • Kim, Eun Joung
    • Journal of Popular Narrative
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    • v.27 no.3
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    • pp.95-124
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    • 2021
  • As the symbolic images of girls besides its definition have varied according to the age and society, a posthuman girl character recently appears in the digital cinema. This study aims to analyze its cinematic representations and the social contexts in which they are created. For this purpose, the study focuses on what extent the society allows its imagined figurations as a future female body and the meanings revolving around the image of 'technologically body-enhanced female fighter'. Current digital visualization technology has developed to the extent any imaged future humans can be represented, but posthuman girls' representations have its limitation that only a human-like figuration can be allowed in accord with the traditionally idolized image of girls. It is because of the representation logic in which digital cinema is visualized based on perceptual realism that values audiences' experiences. Despite such less critical figuration which does not dare to cross the boundary between the image of human and inhuman, the posthuman girl characters create a new category of the 'dangerous girls' who are both void of sexual femininity and independent of motherhood and heterosexual romance narrative. Of course, they support the modern human-centered belief that humans can take entire control of technology with their moral behaviors and dispel the fear about the negative impact the nature of technology may have on society at large by showing their child-like figuration protecting ethical values. However, the new character of 'unruly girl' exerts her subversive act that seeks to fight against the human-centered liberal humanistic values and melancholic feeling and vulnerability that the neoliberalism and technocracy enforce. When posthuman girl characters are considered to be a marker through which we can see how different social forces are intervening and competing each other in the upcoming posthuman age, the limited figuration of the posthuman girl characters in South Korean movies illustrates the opinionated thoughts toward the instrumentalism in technology but their bloodshed struggles reveal how the corporate or state-governed techno-biopower has oppressively treated and appropriated the human body as the technology-object and also provide a meaningful opportunity to rethink its unethical violence.

The Diaspora Narrative and Aesthetics in Handol's Tarae (한돌 타래의 디아스포라 서사와 미학)

  • Shin, Sa-Bin
    • Journal of Popular Narrative
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    • v.26 no.3
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    • pp.189-219
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    • 2020
  • This study is an analysis of Handol Heung-Gun Lee's Tarae, which is a coinage combining the Korean words for "playing an instrument" and "song", in terms of narrative and aesthetics. The components for analysis are the phenomena and nature of binary oppositions between nature and human beings, between alienation and interest, between division and unification, and between diaspora and people of the national community. Tarae in the period from the late 1970s to the early 1990s described the experience of pain and loss from non-resistance and disobedience in protest against social problems that emerged during the era of miliary dictatorship, such as industrialization, urbanization, reckless development, Westernization, university-oriented education, the gap between rich and poor, human alienation, and the conflicts arising from the division of the nation. After Handol overcame the lack of creative motivation with self-reflection and effort, Tarae took the form of a diaspora epic meta-narratives integrating the "sound of nature and his true nature" and "the awareness of diaspora and the spirit of the Korean people". The epics of the homeland, the national soil and the people, which began with "Teo", became more intense in terms of a sense of diaspora as they shifted their focus from an origin to a path with "Hanmoejulghi" as the turning point. Handol seeks inspiration in the source of narrative rather than in music. His Tarae focuses on "adding rhythm for lyrics". For this reason, the semiotic features of Tarae have a limitation in that its extrinsic phonology is simple even if its intrinsic meaning (i.e., emotion of sadness) is profound and subtle. In order to elicit sympathy from the audience and impress them, it is necessary to strike a balance between the implicit (semantic) part and the explicit (phonological) part. To share the emotion of sadness with more people, it is necessary to strengthen phonological elements. Sympathy for sadness and deep impression on the audience are more often induced by the mood of similar sentiments than by the stories of the same experience. The aesthetics of sadness in Tarae began with the narratives of past experience which were expressed in the contexts of loss, loneliness, and poverty that Handol had experienced since childhood. However, the aesthetics of sadness, deepened over the period of a long hiatus in Handol's career as a composer, formed the narratives of ultimate salvation, embodying even the diaspora experience of others (e.g., displaced people, overseas adoptees, ethnic Koreans in Russia, victims of Japanese military sexual slavery, etc.). This gave Tarae the potential to go beyond the limits of the ethnic group of Korea. Tarae, as a "dispersed sound", can benefit from the appeal of deep sadness at the point of contact with other forms of world music. It may form a global diaspora discourse because Tarae is oriented towards interculturalism rather than anti-multiculturalism. The future challenge and goal of Handol's Tarae would be to continue to find areas of sympathy and broaden the horizon of awareness as diaspora music.

A study for improvement of far-distance performance of a tunnel accident detection system by using an inverse perspective transformation (역 원근변환 기법을 이용한 터널 영상유고시스템의 원거리 감지 성능 향상에 관한 연구)

  • Lee, Kyu Beom;Shin, Hyu-Soung
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.24 no.3
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    • pp.247-262
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    • 2022
  • In domestic tunnels, it is mandatory to install CCTVs in tunnels longer than 200 m which are also recommended by installation of a CCTV-based automatic accident detection system. In general, the CCTVs in the tunnel are installed at a low height as well as near by the moving vehicles due to the spatial limitation of tunnel structure, so a severe perspective effect takes place in the distance of installed CCTV and moving vehicles. Because of this effect, conventional CCTV-based accident detection systems in tunnel are known in general to be very hard to achieve the performance in detection of unexpected accidents such as stop or reversely moving vehicles, person on the road and fires, especially far from 100 m. Therefore, in this study, the region of interest is set up and a new concept of inverse perspective transformation technique is introduced. Since moving vehicles in the transformed image is enlarged proportionally to the distance from CCTV, it is possible to achieve consistency in object detection and identification of actual speed of moving vehicles in distance. To show this aspect, two datasets in the same conditions are composed with the original and the transformed images of CCTV in tunnel, respectively. A comparison of variation of appearance speed and size of moving vehicles in distance are made. Then, the performances of the object detection in distance are compared with respect to the both trained deep-learning models. As a result, the model case with the transformed images are able to achieve consistent performance in object and accident detections in distance even by 200 m.

Improvement of turbid water prediction accuracy using sensor-based monitoring data in Imha Dam reservoir (센서 기반 모니터링 자료를 활용한 임하댐 저수지 탁수 예측 정확도 개선)

  • Kim, Jongmin;Lee, Sang Ung;Kwon, Siyoon;Chung, Se Woong;Kim, Young Do
    • Journal of Korea Water Resources Association
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    • v.55 no.11
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    • pp.931-939
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    • 2022
  • In Korea, about two-thirds of the precipitation is concentrated in the summer season, so the problem of turbidity in the summer flood season varies from year to year. Concentrated rainfall due to abnormal rainfall and extreme weather is on the rise. The inflow of turbidity caused a sudden increase in turbidity in the water, causing a problem of turbidity in the dam reservoir. In particular, in Korea, where rivers and dam reservoirs are used for most of the annual average water consumption, if turbidity problems are prolonged, social and environmental problems such as agriculture, industry, and aquatic ecosystems in downstream areas will occur. In order to cope with such turbidity prediction, research on turbidity modeling is being actively conducted. Flow rate, water temperature, and SS data are required to model turbid water. To this end, the national measurement network measures turbidity by measuring SS in rivers and dam reservoirs, but there is a limitation in that the data resolution is low due to insufficient facilities. However, there is an unmeasured period depending on each dam and weather conditions. As a sensor for measuring turbidity, there are Optical Backscatter Sensor (OBS) and YSI, and a sensor for measuring SS uses equipment such as Laser In-Situ Scattering and Transmissometry (LISST). However, in the case of such a high-tech sensor, there is a limit due to the stability of the equipment. Therefore, there is an unmeasured period through analysis based on the acquired flow rate, water temperature, SS, and turbidity data, so it is necessary to develop a relational expression to calculate the SS used for the input data. In this study, the AEM3D model used in the Water Resources Corporation SURIAN system was used to improve the accuracy of prediction of turbidity through the turbidity-SS relationship developed based on the measurement data near the dam outlet.