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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

The Content of Heavy Metals in Herbal Pills Used as General Processed Food and Risk Assessment of Heavy Metal Intakes (유통 환(丸)제품의 중금속 함량 및 위해성 평가)

  • Kim, Sung-Dan;Jung, Sun-Ok;Kim, Bog-Soon;Yun, Eun-Sun;Chang, Min-Su;Park, Young-Ae;Lee, Young-Chul;Chae, Young-Zoo;Kim, Min-Young
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.39 no.7
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    • pp.1038-1048
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    • 2010
  • The purpose of this study was to investigate some heavy metals (Pb, Cd, Cr, Cu, Hg) in 52 commercial herbal pills used as general processed food, to identify weekly heavy metal intakes from herbal pills and to evaluate their potential health risks. The samples were digested with a microwave and determinations of heavy metal residues were carried out by inductively coupled plasma mass spectrometry (ICP-MS) and mercury analyzer. The mean values of heavy metal contents for herbal pills used as general processed food were Pb 0.421 (0.032~1.630), Cd 0.157 (0.011~0.515), Cr 1.033 (0.112~9.933), Cu 6.923 (1.333~16.755), Hg 0.010 (0.001~0.088) mg/kg. Lead contents of herba and cadmium of algae, herba were high (ANOVA-test, p<0.05). Levels of cadmium concentrations exceeding WHO reference values (0.3 mg/kg) were observed in 10 samples (4 species). The significant correlation was observed between Pb and Cd (r=0.633, p<0.01). The weekly intakes of Pb, Cd, Cr, Cu, Hg from herbal pills were 1.112 (0.072~5.088), 1.614 (0.029~9.257), 3.000 (0.252~23.690), 0.182 (0.008~1.235), 0.220 (0.000~0.420)%, respectively, as compared with the Provisional Tolerable Weekly Intake (PTWI) established by Joint FAO/WHO Expert Committee for food safety evaluation. Our data suggest regulations limiting heavy metals in herbal pills used as general processed food.

Heavy Metal Contents of Vegetables Available on the Markets in Seoul (서울에서 유통 중인 채소류의 중금속 함량에 관한 연구)

  • Choi, Chae-Man;Choi, Eun-Jung;Kim, Tae-Rang;Hong, Chae-Kyu;Kim, Jung-Hun
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.39 no.12
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    • pp.1873-1879
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    • 2010
  • This study was conducted to estimate the heavy metal contents of vegetables available on the markets in Seoul area. Concentrations of mercury (Hg), lead (Pb), cadmium (Cd), arsenic (As), chrome (Cr), nickel (Ni), copper (Cu), and zinc (Zn) were measured in 300 samples using a mercury analyzer and inductively coupled plasma optical emission spectrometer (ICP-OES) after wet digestion. The average values of heavy metals in vegetables were as follows [mean (minimum~maximum), mg/kg]; Hg: 0.0005 (N.D~0.007), Pb: 0.011 (N.D~0.259), Cd: 0.012 (N.D~0.188), As: 0.002 (N.D~0.142), Cr: 0.100 (0.019~0.954), Ni: 0.093 (0.003~1.231), Cu: 1.098 (0.072~36.29), and Zn: 3.48 (0.485~21.31). The heavy metal contents of vegetables available on the markets in Seoul were almost the same as or lower than those reported in other studies. The weekly average intakes of mercury, lead and cadmium from vegetables take 0.44~7.71% of PTWI (Provisional Tolerable Weekly Intakes) that the FAO/WHO Joint Food Additive and Contaminants Committee sets for evaluation of food safety.

Estimated Daily Intake of Aluminum from Platycodon grandiflorum A. De Candolle (도라지(Platycodon grandiflorum A. De Candolle) 섭취에 따른 알루미늄의 노출량 평가)

  • Kim, Sung-Dan;Ham, Hee-Jin;Jung, Ji-Hun;Lee, Eun-Soon;Lee, Hyun-Kyung;Kim, Hee-Sun;Lee, Jib-Ho;Yu, In-Sil;Jung, Kweon
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.45 no.8
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    • pp.1138-1146
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    • 2016
  • This study was performed to estimate daily intakes of aluminum from Platycodon grandiflorum A. De Candolle and evaluate their potential health risks for Koreans. Estimated daily intake of aluminum was calculated, whereas the actual level of aluminum in Platycodon grandiflorum A. De Candolle was analyzed using inductively coupled plasma mass spectrometry. Food consumption amount was drawn from Korea National Health and Nutrition Examination Survey (KNHANES VI-1). In analysed samples, aluminum values ranged from 0.54~564.38 mg/kg in peeled Platycodon grandiflorum A. De Candolle samples (n=53) and from 0.72~28.05 mg/kg in unpeeled ones (n=40). Statistically significant difference (P<0.001) was detected according to the type of skin. To estimate the dietary intake of Platycodon grandiflorum A. De Candolle, a total of 7,242 respondents (scenario I) were compared to 227 Platycodon grandiflorum A. De Candolle consumption subjects (scenario II). Estimated daily intake of aluminum was calculated based on point estimates. Level of safety for aluminum was evaluated by comparison with Provisional Tolerable Weekly Intake (PTWI), 1 mg/kg bw, set by the Joint FAO/WHO Expert Committee on Food Additives. For scenario I, mean estimated daily intake of aluminum was 0.001 mg/kg bw/d. For scenario II, mean estimated daily intake of aluminum was 0.033 mg/kg bw/d, and 95th percentile estimated daily intake was 0.610 mg/kg bw/d. For scenario II, aluminum from Platycodon grandiflorum A. De Candolle had a mean weekly intake that was the 23.1% of PTWI.

Monitoring of Heavy Metals in Fishes in Korea -As, Cd, Cu. Pb, Mn, Zn, Total Hg - (유통 중인 어류의 중금속 모니터링 - 비소, 카드뮴, 구리, 납, 망간, 아연, 총수은 -)

  • Kim, Hee-Yun;Kim, Seo-Young;Lee, Jin-Ha;Jang, Young-Mi;Lee, Myoung-Sook;Park, Jong-Seok;Lee, Kwang-Ho;Kim, Jin-Chul
    • Korean Journal of Food Science and Technology
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    • v.39 no.4
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    • pp.353-359
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    • 2007
  • This survey was carried out to estimate the heavy metal contents of fishes (531 ocean fishes and 80 freshwater fishes) sold in and around Korea from April to October in 2006 . The contents of arsenic (As), cadmium (Cd), copper (Cu), lead (Pb), manganese (Mn), zinc (Zn) and mercury (Hg) were estimated by inductively coupled plasma-mass spectrometry (ICP-MS) and a mercury analyzer. The concentrations [mean (minimum-maximum) mg/kg] of heavy metals in the ocean fishes were as follows: As=2.523 (0.140-65.543), Cd=0.017 (0.000-0.108), Cu=0.569 (0.040-5.634), Pb=0.023 (0.000-0.323), Hg=0.068 (0.002-0.754), Mn=0.395 (0.016-4.651) and Zn=6.086 (0.529-34.729). The concentrations of heavy metals in the freshwater fishes were: As=0.370 (0.024-2.231), Cd=0.01l (ND-0.086), Cu=0.628 (0.003-1.962), Pb=0.026 (ND-0.423), Hg=0.058 (0.006-0.349), Mn=1.150 (0.069-7.230) and Zn=9.980 (3.463-82.737). The weekly intakes of Cd, Hg and Pb from fish were 0.9, 1.6 and 0.9%, respectively, as compared with the Provisional Tolerable Weekly Intake (PTWl) established by Joint FAO/WHO Expert Committee for food safety evaluation.

A Study on Total Mercury and Methylmercury in Commercial Tuna, Billfish, and Deep-sea Fish in Seoul Metropolitan City (서울시 유통 다랑어류, 새치류 및 심해성 어류의 총수은 및 메틸수은 축적에 대한 고찰)

  • Kim, Jin-Ah;Yuk, Dong-Hyun;Park, Young-Ae;Choi, Hee-Jin;Kim, Youn-Cheon;Kim, Moo-Sang
    • Korean Journal of Food Science and Technology
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    • v.45 no.3
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    • pp.376-381
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    • 2013
  • In this study, we monitored total mercury and methylmercury concentrations in tuna, billfish, and deep-sea fish distributed in Seoul city. With the acquired data, we carried out statistical analysis and an exposure assessment for intake. The mean concentrations (mg/kg) of total mercury and methylmercury were $0.32{\pm}0.31/0.20{\pm}0.20$ for tuna, $0.43{\pm}0.48/0.20{\pm}0.17$ for patagonian toothfish, $0.99{\pm}0.72/0.51{\pm}0.40$ for billfish and $1.20{\pm}0.70/0.95{\pm}0.51$ for sharks, respectively. We found that sharks, billfish, patagonian toothfish, and tuna were more contaminated with total mercury and methylmercury, in sequence, and that 66% of the total mercury concentration consisted of methylmercury, on average. Although the estimated weekly intakes of methylmercury from commercial deep-sea fish were lower than the weekly intakes recommended by the Joint FAO/WHO Expert Committee on Food Additives (JECFA), we identified that the total mercury and methylmercury concentrations in tuna, billfish, and deep-sea fish continued to increase with the passage of time. Therefore, we confirmed the necessity of continuous monitoring and comprehensive analysis for general safety.

An Analysis of the Study Tendency on Rheumatoid Arthritis -Focusing on Domestic Theses for a Degree and Journal Since 2004- (류마토이드 관절염의 연구동향에 대한 소고(小考) -2004년 이후의 국내 학위논문 및 학회지 논문을 중심으로-)

  • Choi, Yong-Hun;Yoon, Il-Ji
    • Journal of Korean Medicine Rehabilitation
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    • v.19 no.2
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    • pp.125-156
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    • 2009
  • Objectives : To research the trend of studies related to rheumatoid arthritis and to indicate the hereafter direction for its study in oriental medicine and its treatment. Methods : I reviewed 75 domestic oriental medical journals, and 50 medical journals about rheumatoid arthritis published after 2004, and comparative analysis was made. And these theses were classified by college, year, field of study, subject. Results : The following are the results of this study. 1. Classified by oriental medical college, Dae-jeon college published the most theses, followed by Dong-guk, Kyung-hee, Se-myung and Dong-shin college. Han-yang college published the most theses among college of medicine. 2. Classified by type of thesis, experimental theses(70 pieces, 94%) showed higher rate than that of clinical theses(4 pieces, 5%) in oriental medical studies. However, in medical studies, clinical theses(34 pieces, 68%) showed higher rate than that of experimental theses(15 pieces, 30%). 3. Analyzed by subject, the most dealt subject in oriental medicine was herb medication, followed by herbal acupuncture, single herb, electroacupuncture, sasang & gene, acupuncture & moxibustion, complex accordingly. The most dealt subject in medical clinical journals was standards of diagnosis & prognosis, followed by medication, gene analysis, pathogenesis, clinical pattern, operative treatment and complication accordingly. 4. In theses related to herb medication, most of the subject was to evaluate anti-inflammatory and immunoregulatory effects of herb medication with geopungseup, jibitong, hwalhyeolgeoer function. The tendency of experimental methods was focusing on understanding anti-inflammatory and immunoregulatory mechanisms through molecular biologic methods by analyzing cytokine and gene. 5. Most of theses related to herbal acupuncture were experimental studies verifying ant-inflammatory and immnoregulatory effects through methods observing change of cytokine and immunoregulatory factors. Regarding remedies for herbal acupuncture, Ulmus davidiana Planch was most preferred, followed by bee venom. 6. In theses related to single herb, Boik-yak was most prefered, followed by Geopungseup-yak and Hwalhyeolgeoer-yak. Regarding methods of research, there were tendency of shifting from methods verifying travail, anti-inflammatory and anti-pyretic effects through a test of behavior, morphometry, serology and temperature measurement of the rectum and the skin into verifying anti-inflammatory and immunoregulatory effects through observing inflammatory cytokine in the joint and cells of spleen. 7. In theses related to electroacupuncture, ST36 and adjuvant were most preferred as acupoints and induced factor. The tendency of experimental methods was turning from verifying mechanism of travail effect to analyzing inflammation and pain inducing factors. 8. Diverse medical clinical studies were published. Subjects such as diagnosis and prognosis, medication, gene analysis, clinical pattern, operational treatment, complication and pathogenesis were published. Especially, studies about standards of early diagnosis, and research on possible parallel medications with methotrexate were actively inquired. 9. Most of theses related to medical experimental studies was about mediators and receptors related to inflammatory induction and osteoclasia mechanism. Also, it was presented blockage of them can be effective on rheumatoid arthritis. Conclusions : The oriental medicine studies have merit in its diversity of treatment, but it clinical studies is lacking compared to experimental studies. Also, more diversity of subjects is necessary. Therefore, complementary measures are needed. Hereafter, oriental medicine research about rheumatoid arthritis needs more clinical research verifying the effectiveness and safety in clinical field. Also, we require oriental medical standard of diagnosis and researches on pathological generation which would make early checkup and prognosis possible.

Safety Assessment of Estimated Daily Intakes of Antioxidants in Korean Using Dietary Survey Approach and Food Supply Survey Approach (식이를 통한 평가방법과 공급량 평가방법을 이용한 산화방지제 일일 추정 섭취량 안전성 평가)

  • Suh, Hee-Jae;Choi, Sung-Hee
    • Korean Journal of Food Science and Technology
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    • v.42 no.6
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    • pp.762-767
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    • 2010
  • This study evaluated daily intakes of BHT, BHA, and TBHQ in Korean. The daily intakes were estimated using both a dietary survey approach and food supply survey approach. In the dietary survey approach, individual dietary intake data from the Korea National Health and Nutrition Survey in 2005, as well as analytical results of BHT in 131 samples, BHA in 134 samples, and TBHQ in 104 samples, were used to assess daily intakes of the antioxidants. In the food supply survey approach, both total production amounts of BHT, BHA and TBHQ and maximum permitted levels of the antioxidants were used to calculate daily intakes. In the dietary survey results, the average daily intakes of BHT, BHA and TBHQ were 0.8, 0.5, and 0.3 ${\mu}g$/kg body weight/day, respectively, and below 0.2% of the ADI (acceptable daily intake) set by JECFA (Joint FAO/WHO Expert committee on Food Additives). In the food supply survey approach, the average daily intakes of BHT, BHA,and TBHQ were all 0.3 mg/kg body weight/day. The ratios of ADI were 97, 60, and 40%, respectively. According to these results, daily intakes of BHT, BHA, and TBHQ in Korean are lower than the ADI.

A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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