• Title/Summary/Keyword: tiered test

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A Study on the Doctrine of Standing in the Suits caused by the Press Reports (언론소송에 나타난 보도의 개별적 연관성과 당사자적격)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.34
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    • pp.161-195
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    • 2006
  • Standing to sue has become one of the most important and controversial issues in suits between the press and the victims injured by the press reports. Even thought Korean law was patterned after the European legal system, there is no denying that the Korean Constitution was influenced by that of the United States. The judicial system was also influenced by its counterpart in the United States. The doctrine of standing to sue has plagued the U.S. Supreme Court for several decades. The traditional test of standing in the federal courts was, at the beginning of the century, whether the interest asserted by the plaintiff amounted to a 'legal right', entitled to the protection of the common law. In recent years, the Supreme Court seems to have settled on a two-tiered method for determining whether a plaintiff has standing to sue in federal court. The first level of inquiry is the constitutional core, and the second is the judicially imposed prudential limitations. The purpose of this study is to find out the doctrine of standing in the legal proceedings caused by the press reports. The press needs to internally transform as well to prevent legal dispute, enforcing confirmation when collecting news materials and building up the device for pre-examining the news. The press is also requested to help sincerely the victim recover, realizing that they waste their reputation and credit not to mention a lot of time and monet during the legal dispute.

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Comparison of International Guidelines of Dermal Absorption Tests Used in Pesticides Exposure Assessment for Operators

  • So, Jaehwan;Ahn, Junyoung;Lee, Tae-Hee;Park, Kyung-Hun;Paik, Min-Kyoung;Jeong, Mihye;Cho, Myung-Haing;Jeong, Sang-Hee
    • Toxicological Research
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    • v.30 no.4
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    • pp.251-260
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    • 2014
  • The number of farmers who have suffered from non-fatal acute pesticide poisoning has been reported to vary from 5.7% to 86.7% in South Korea since 1975. Absorption through the skin is the main route of exposure to pesticides for farmers who operate with them. Several in vitro tests using the skins of humans or animal and in vivo tests using laboratory animals are introduced for the assessment of human dermal absorption level of pesticides. The objective of this study is to evaluate and compare international guidelines and strategies of dermal absorption assessments and to propose unique approaches for applications into pesticide registration process in our situation. Until present in our situation, pesticide exposure level to operator is determined just using default value of 10 as for skin absorption ratio because of data shortage. Dermal absorption tests are requested to get exposure level of pesticides and to ultimately know the safety of pesticides for operators through the comparison with the value of AOEL. When the exposure level is higher than AOEL, the pesticide cannot be approved. We reviewed the skin absorption test guidelines recommended by OECD, EFSA and EPA. The EPA recommends assessment of skin absorption of pesticides for humans through the TPA which includes all the results of in vitro human and animal and animal in vivo skin absorption studies. OECD and EFSA, employ a tiered approach, which the requirement of further study depends on the results of the former stage study. OECD guidelines accept the analysis of pesticide level absorbed through skin without radioisotope when the recovery using the non-labeled method is within 80~120%. Various factors are reviewed in this study, including the origin of skin (gender, animal species and sites of skin), thickness, temperature and, etc., which can influence the integrity of results.