• Korean Journal of Social Welfare
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• v.58 no.1
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• pp.395-423
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• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

• Journal of the Economic Geographical Society of Korea
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• v.20 no.3
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• pp.287-306
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• 2017

Since the 1990s, political geographers have focused on the study of the process of border construction. They have shifted from the old morphological and functional approaches to boundary that have focused on the types and functions of boundaries. Recent scholarship on border studies understand boundaries and the border regions as entities with overlapping and competing relationships not as manifestation of territoriality. There has been the emphasis on the multidimensional actors and the historical and cultural legacies inherent in the border region as well. Based on these recent discussions, this study examines how the border region has been constructed by various actors and strategies in Dandong China, the border city between North Korea and China. Several sanctions including UN Security Council have been resolved and implemented in accordance with North Korea's nuclear and missile development, which is a relevant example to examine the "border as relationships" in which strategies of various actors are competing. In addition, this paper has a significance as a case study on the construction process of border and the characteristics of its materiality, which is a way to overcome the limitation of discourse-oriented critical geopolitical research.

• Strategy21
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• s.31
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• pp.57-84
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• 2013

North Korea's continuous threats and provocative behaviors have aggravated tension on the Korean peninsula particularly with the recent nuclear weapons test. South Korea's best way to cope with this situation is to maintain the balance among three policy directions: dialogue, sanctions, and deterrence. Among the three, I argue that deterrence should be prioritized. There are different sources of deterrence such as military power, economic power, and diplomatic clouts. States can build deterrence capability independently. Alternatively, they may do so through relations with other states including alliances, bilateral relations, or multilateral relations in the international community. What South Korea needs most urgently is to maintain deterrence against North Korea's local provocations through the enhancement of independent military capability particularly by addressing the asymmetric vulnerability between militaries of the South and the North. Most of all, the South Korean government should recognize the seriousness of the negative consequences that North Korea's 'Nuclear shadow strategy' would bring about for the inter-Korea relations and security situations in Northeast Asia. Based on this understanding, it should develop an 'assertive deterrence strategy' that emphasizes 'multi-purpose, multi-stage, and tailored deterrence whose main idea lies in punitive retaliation.' This deterrence strategy requires a flexible targeting policy and a variety of retaliatory measures capable of taking out all targets in North Korea. At the same time, the force structures of the army, the air force, and the navy should be improved in a way that maximizes their deterrence capability. For example, the army should work on expanding the guided missile command and the special forces command and reforming the reserve forces. The navy and the air force should increase striking capabilities including air-to-ground, ship-to-ground, and submarine-to-ground strikes to a great extent. The marine corps can enhance its deterrence capability by changing the force structure from the stationary defense-oriented one that would have to suffer some degree of troop attrition at the early stage of hostilities to the one that focuses on 'counteroffensive landing operations.' The government should continue efforts for defense reform in order to obtain these capabilities while building the 'Korean-style triad system' that consists of advanced air, ground, and surface/ subsurface weapon systems. Besides these measures, South Korea should start to acquire a minimum level of nuclear potential within the legal boundary that the international law defines. For this, South Korea should withdraw from the Nuclear Non-proliferation Treaty. Moreover, it should obtain the right to process and enrich uranium through changing the U.S.-South Korea nuclear cooperation treaty. Whether or not we should be armed with nuclear weapons should not be understood in terms of "all or nothing." We should consider an 'in-between' option as the Japanese case proves. With regard to the wartime OPCON transition, we need to re-consider the timing of the transition as an effort to demonstrate the costliness of North Korea's provocative behaviors. If impossible, South Korea should take measures to make the Strategic Alliance 2015 serve as a persisting deterrence system against North Korea. As the last point, all the following governments of South Korea should keep in mind that continuing reconciliatory efforts should always be pursued along with other security policies toward North Korea.

• Korean journal of applied entomology
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• v.22 no.2 s.55
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• pp.138-146
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• 1983

With the increase of pesticide consumption, not only pesticide handling population would grow greater but also the chances to be exposed to the pesticides would be also increased. Thus, safe use and handling of the pesticides are becoming more important and serious in these days. The pesticides are well known to most pepole, however there are very limited number of persons who have correct understanding of chamicals. Intoxication cases caused by pesticides have been reported very rarely through the mess media, even they were lack of scientific evidences. In this paper, problems related to pesticide manufacture, transportation, storage, sprays, and residues and their countermeasures were discussed in connection with public health and enviromental aspects. Acute intoxication cases by pesticide handling might be caused accidently either through manufacture, marketing, transportation, or spraying. Safety aspects of workers in manufacturing plants include not only exposure to toxic chemicals, but also posibilities of of explosion and brought about by pesticides and their diluents. The problems of water pollution by waste chemicals from the manufacturing factories were discussed. Packing and loading methods of pesticides for transportation are considered in safety scheme and discussions are given in association with traffic accidents. With regard to warehouse, the pesticide storage, location structure, keepers, and standing materials for emergency are concerned with safety aspects. Concerning the spraying of chemicals, there are some problems to be discussed about clothes, spray equipment, wind direction, spray period, and spray workers condition. After the spray, treatment of used containers, remainder of Pesticides, and spray tools are also discussed. For the dissolutions of problems on public health and environmental danger arising from pesticide residues, there are two legal sanctions; 'Pesticide Tolerances' and 'Pesticide Safe Use Standards'. These regulations are legally effective, however, some problems still remain in practices to implement the acts properly, because these provisions are followed by the far mers mostly. With these regards, most problems are concerned with various sectors and persons, affecting public health and environment from the producers to the end users and consumers. As a whole persons concerned with pesticides, every possible effort has to be assembled to protect hazards from the chemicals. For the foremost place, special training and education are required for managing groups; such as factory managers and agricultural extension workers who are responsible for training the factory workers and farmers. The education is the only way to solve the hazard problems caused by the pesticides.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.103-127
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• 2008

This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

• Asian Pacific Journal of Cancer Prevention
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• v.15 no.18
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• pp.7891-7895
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• 2014

Background: Tobacco products continue to be used in large quantities in India despite the mandatory inclusion of pictorial health warnings (PHWs) on all tobacco packaging. The circumstances as to how people could continue the use of tobacco to the point of developing head and neck cancer despite enhanced awareness about the ill effects of tobacco is the main focus of this study. Materials and Methods: This study concerned patients with least 5-years history of tobacco use, having been diagnosed with histopathologically proven malignancies of the hypopharynx, larynx, oropharynx and oral cavity presenting at the Government Medical College-Haldwani, Nainital, India. A total of 183 patients were eligible for inclusion during July 1 2013 - June 30 2014. Of these, 59 patients used smoked tobacco exclusively, 22 patients used smokeless tobacco exclusively, and 102 patients used both forms of tobacco. Among users of smoked forms, 75.2% (n=121) were beedi users, and 24.8% (n=40) were cigarette users. Patients were asked direct questions as to whether they had noticed the presence of PHWs upon tobacco products. The reasons as to why PHWs were not effective in stopping the patients from tobacco use were investigated. Results: Of the 183 patients, 146 reported being aware about the presence of PHWs, and when they were asked reasons as to why they continued tobacco despite being aware of ill-effects, the commonest reason chosen (by 53.4%) was that patients had not regarded themselves as using tobacco heavy enough to cause cancer. Among the 36 patients who reported as being oblivious to the presence of PHWs on tobacco products, 63.9% reported that the products they used never displayed any PHWs, and 36.1% reported never having paid attention to the packaging. The awareness about PHWs was higher among cigarette smokers in comparison to beedi smokers (100% vs 76.1%, p=0.0002). Conclusions: Locally produced and marketed tobacco products such as beedis and oral tobacco often fail to display PHWs. The presence of PHWs without doubt enhances awareness about the carcinogenic risks of tobacco. However, enhanced awareness alone may not be enough, and as elucidated by this study, some persons continue to use tobacco to the point of developing malignancies. The need of the hour is the implementation of legal and economic sanctions discouraging the use of tobacco products.

• Korean Security Journal
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• no.11
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• pp.61-86
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• 2006

Various terrorism in modern society against nation's dignitaries are constantly existing. They damage severely to the society and the nation's security, and they cause disorganizations of social and national rule orders. In order to provide the key figures' perfect protection, the threatening terroizing environment for primary leaders and the route of terrorism should be intercepted. Effective methods of these are summarized as follow. First, recent terrorism against the primary leaders are mostly assassinations, bomb attacks, and suicide bomb attacks, which terminate in a moment. Therefore, security service agents should keep in mind that protection is the best, and government's anti-terrorism agencies should develop policies and set the directions within a new paradigm to the advance anti-terrorism. Second, advance prevention activities against nation's VIP terrorism should be strengthened, such as strengthening security informational activities, constructing cooperative systems of domestic and international facilities, considering continuous system to prevent terrorism, and intensifying safety counterplans of human and material weak points. Third, international cooperative system should be set to apply economical and political sanctions to nations which support terror organizations in direct or indirect ways, and this system needs to strengthen the punishment against terrorists. Fourth, security systems to protect nation's primary leaders should complement, and developing programs for coping with the terrorism and establishing laws for anti-terrorism should be made. Also, educational training of agents who perform anti-terrorism duties should be strengthened, and scientific techniques and equipment for security should be made to protect primary leaders from terrorism.

• Journal of the Korean Society for Marine Environment & Energy
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• v.16 no.2
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• pp.121-129
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• 2013

This study investigated the status and problems of the post-project environmental management for development projects and suggested improvements of the system to achieve effectiveness for the system of the sea area utilization consultation. The post-project environmental management has had several problems such as the neglect of implementations and checks for the consultation items, the lack of actions and notifications of results, the absence of awareness and expertise of the post-project environmental management. In addition, although it is very important to verify results of actual change and modelling of marine environment before and after the projects, the marine environmental monitoring and assessment have been perfunctorily carried out. Thus, for the improvements of the post-project environmental management to the system of the sea area utilization consultation, it is extremely necessary for related stakeholders to raise awareness of the post management and implement it faithfully, and establish the post management system for conflict resolution and enforce sanctions and accountability against executory items. Furthermore, it should establish systematic monitoring system of marine environmental impact survey.

• Journal of Energy Engineering
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• v.25 no.3
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• pp.1-8
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• 2016

North Korea is currently undergoing an economic crisis of industrial productivity reduction, which resulted from decreased energy production and economic sanctions due to conflicts with the international society. This paper examined the technological status of North Korea's natural gas and coal industries which are essential sectors for recovery of the economy and North-South cooperation on energy industry. This paper also analyzed investment strategies in North Korean energy industries and calculated the size of economic ripple effect of the investment on North and South Korea. In order to analyze the effect of the investment on North Korean economy, we constructed an inter-industry relation table of North Korea for year 2014 and used an input-output model. The ripple effect of the investment in natural gas and coal industries turned out to be 1.012 billion dollars and 2.742 billion dollars respectively. In order to analyze the ripple effect of the investment on South Korean economy, we constructed an inter-industry relation table of South Korea for year 2013 and used a demand-driven model for inter-industry analysis. As a result, production, added-value and employment inducement coefficients of the investment were calculated as 2.02073, 0.62697 and 8.99409 for the natural gas industry and 2.02130, 0.62701 and 9.00413 for the coal industry respectively.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.33-67
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• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.