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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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The Study on U.S. GARA and Aircraft Products Liability (일반항공에서의 제조물책임에 관한 연구 - 미국 일반항공진흥법(GARA)을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.55-86
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    • 2014
  • The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

Cumulative Risk Assessment of Organophosphorus Pesticides in the Diet (식품을 통한 유기인계농약류의 동시노출위해성평가)

  • 이효민;한지연;윤은경;김효미;황인균;최동미;이강봉;원경풍;송인상
    • Journal of Food Hygiene and Safety
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    • v.16 no.1
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    • pp.21-26
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    • 2001
  • Risk assessment traditionally are conducted on individual chemicals; however, humans are exposed to multiple chemicals in daily life. The organophosphorus (OP) pesticides are considered in a single risk assessment because they act by a common mechanism of toxicity, and there is likely to be expose to multiple OP pesticides simultaneously or sequentially. The OP pesticides act by inhibiting the enzyme acetylcholinesterasc (AChE) and have available extensive database. AChE is widely distributed throughout the body, most importantly in the nervous system. Inhibition of AChE results in accumulation of acetylcholine in the nervous system that results in clinical signs of cholinergic toxicity, including increased salivation and lacrimation, nausea and vomiting, muscle fasciculation, lethargy and fatigue, among others. To conduct an exposure assessment for pesticides in the diet, we need to know the food consumption patterns of the populations, and the pesticide residue levels in the foods that are consumed. This study was conducted to identify cumulative dietary risk due to multiple OP pesticides that can be exposed through various foods. Total 22 food samples including cereals, vegetables and fruits were collected randomly two times from food markets in several sites (4 cities). The subjected foods were selected by regarding of highly consumed foods to general Korean people. The 12 OP pesticides including Acephate, Azinphos-methyl, Chlorpyrifos, and Diazinon were monitored. For the exposure assessment, general adult group of 60 kg body weight was regarded as target population and food consumption data suggested by Lee et al. (2000) were used as consumed value of individual food. Analyses of samples for OP pesticides have been carried out according to the multiclass multiresidue analysis method and acephate and methamidophos analysis method of Korea Food Code. In general the levels of OP pesticides found in the food samples were very low or not detected.

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Community Structure and Distribution of Natural Seaweed Beds on the Eastern Coast of Korea (동해안 천연 해조장의 군집구조와 분포 특성)

  • Park, Gyu Jin;Ju, Hyun;Choi, Ok In;Choi, Chang Geun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.4
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    • pp.338-346
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    • 2017
  • Natural seaweed beds and habitat environments were investigated using quantitative and qualitative methods from May to December 2015 at 3 sites in Gangneung, Uljin, and Busan along the eastern coast of Korea. In total, 9 green, 23 brown, and 64 red algal taxa were identified. The biomass of the seaweed at Gangneung was 173.2 to $613.8wet\;wt.g/m^2$ of Dictyota divaricata, 360.8 to $520.4wet\;wt.g/m^2$ of Symphyocladia linearis, and 25.9 to $470.8wet\;wt.g/m^2$ of Undaria pinnatifida. At Uljin, these numbers were 5.5 to $256.2wet\;wt.g/m^2$ of Plocamium telfarirae and 46.8 to $241.5wet\;wt.g/m^2$ of Agarum clathratum. The biomass of Sargassum coreanum and Ecklonia cava were 388.1 to $6,972.4wet\;wt.g/m^2$ and 194.9 to $958.5wet\;wt.g/m^2$, respectively, at Busan. S. coreanum and E. cava showed higher biomass compared to other seaweed at Busan. The biomass rate represented an average of 19.2 percent of the total population, ranging from 0.0 to 55.5 percent in Gangneung. In Uljin, the average was calculated as 63.8 percent, and this figure was 48.5 percent in Busan. The percentage of barren ground averaged 46.7 percent in Gangneung and 91.1 percent in Uljin. Uljin showed the highest percentage of barren ground compared to other regions. Sea urchin density appeared to be $6.0ind./m^2$ in Gangneung, $7.0ind./m^2$ in Uljin, and $2.0ind./m^2$ in Busan, with the lowest sea urchin density being that of Busan. In conclusion, the composition of species, appearance ratio, and abundance of vegetation found were similar to previous studies, but it is thought that continuous monitoring is needed due to concerns about physical and chemical pollution caused by global warming, climate change, and coastal development.

Comparative legal review between national R&D projects and defence R&D programs - A study on improvement of royalty system for the promotion of aircraft industry - (국가연구개발사업 및 국방연구개발사업 간 비교법적 검토 - 항공기산업 진흥을 위한 기술료 제도 개선에 관한 연구 -)

  • Lee, Hae-Jun;Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.153-180
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    • 2020
  • This study is meaningful in finding out what legal and policy issues need to be improved in order to foster the aircraft industry, which is relatively underdeveloped compared to the fact that some heavy industries, such as the automobile industry and shipbuilding industry, have achieved a high level of production and technology globally. Korea's aircraft industry has been growing at a slower pace than other industries, largely due to the country's economic growth and the lack of a market structure to properly use variables such as the level of development in related industries, aircraft technology and demand for aircraft manufacturing. While most industries are privately led by the market structure of the competition system, heavy industries such as the aircraft industry generally grow under the market structure of the incomplete competition system, because only by securing huge initial investment costs, high technology, and sufficient demand, they can maintain minimum economic feasibility. The Korean aircraft industry was focused on developing and mass-producing military aircraft focusing on military demand, but it sought to turn the tide by signing the BASA (Bileral Aviation Safety Agreement) with the U.S. A preliminary feasibility study was conducted in 2010 to develop next-generation medium-sized aircraft, but was cancelled due to differences in position with Canada's Bombardier, which is subject to the concourse, and Korea Aerospace Industries (KAI) is pushing for the production of Bombardier's Q400 license on its own. Compared to the mid-to-large sized civil aircraft that are facing difficulties in development, KAI and KARI are successfully developing technologies to unmanned aerial vehicles and civil helicopters. In addition, the unmanned aerial vehicle sector is not yet suitable for manufacturers that have an exclusive global influence, so we believe that it is necessary to pursue government-led research and development projects with a focus on the areas of commercial helicopters and unmanned aerial vehicles in order to foster the aircraft industry in the future. In addition, since military aircraft such as KT-1 and T-50 are currently being exported smoothly, and it cannot be overlooked that the biggest demand for aircraft manufacturing in the Korea is the military, it is necessary to push forward national R&D projects and defense R&D program simultaneously to enable both civilian-military development. However, there are many differences between the two projects in the way they are implemented, the department in charge and the royalty system. Through this study, we learned about the technology ownership and implementation rights of national R&D projects and defense R&D programs, as well as the royalty system. In addition, problems with the system were identified and improvement measures were derived.

The Monitoring of Heavy Metals in Human Bloods of Middle School Students (중학생의 혈액 중 중금속 모니터링)

  • Park Hee Ra;Kim Meehye;Kwun Ki-Sung;Kim Soon Ki;Heo Su-Jeong;Kim Kwang_Jin;Yum Tae-Kyung;Choi Kwang Sik;Kim Soo Yeon
    • Journal of Food Hygiene and Safety
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    • v.20 no.2
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    • pp.83-88
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    • 2005
  • This study was conducted to estimate the contents of heavy metals including lead, cadmium, zinc, copper as well as iron status(serum iron, total iron binding capacity, feritin etc)in blood samples of middle school students(n=300). The contents of heavy metals were determined using the GF-AAS (Graphite furnace Atomic Absorption Spectrophotometer). The microwave digestion method and dilution method were compared. The dilution method showed the better recovery and detection limit than microwave digestion method. The values of toxic metals in whloe blood of boys & girls were 3.46 & 3.05 for Pb,0.063 & 0.065 for Cd respectively (ug/dL). Also the values of trace metals in serum of boys & girls were 105.9 & 92.6 for Zn, 98.3 & 99.0 for Cu respectively (ug/dL). The prevalence of iron deficiency was $7.5\%$ in 146 boys and $14.3\%$ in 156 girls. The mean values of lead in girls were higher in iron deficiency, iron deficiency anemia and anemia groups than normal group. The mean values of lead and zinc were higher in boys compared to those in girls(P<0.05), the mean values of cadmium and copper in boys were similar to those in girls. Our results of toxic metals such as Pb & Cd showed lower to CDC's(Centers for Disease Control) blood lead levels of concern for children, 10 ug/dL.

CIA-Level Driven Secure SDLC Framework for Integrating Security into SDLC Process (CIA-Level 기반 보안내재화 개발 프레임워크)

  • Kang, Sooyoung;Kim, Seungjoo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.5
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    • pp.909-928
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    • 2020
  • From the early 1970s, the US government began to recognize that penetration testing could not assure the security quality of products. Results of penetration testing such as identified vulnerabilities and faults can be varied depending on the capabilities of the team. In other words none of penetration team can assure that "vulnerabilities are not found" is not equal to "product does not have any vulnerabilities". So the U.S. government realized that in order to improve the security quality of products, the development process itself should be managed systematically and strictly. Therefore, the US government began to publish various standards related to the development methodology and evaluation procurement system embedding "security-by-design" concept from the 1980s. Security-by-design means reducing product's complexity by considering security from the initial phase of development lifecycle such as the product requirements analysis and design phase to achieve trustworthiness of product ultimately. Since then, the security-by-design concept has been spread to the private sector since 2002 in the name of Secure SDLC by Microsoft and IBM, and is currently being used in various fields such as automotive and advanced weapon systems. However, the problem is that it is not easy to implement in the actual field because the standard or guidelines related to Secure SDLC contain only abstract and declarative contents. Therefore, in this paper, we present the new framework in order to specify the level of Secure SDLC desired by enterprises. Our proposed CIA (functional Correctness, safety Integrity, security Assurance)-level-based security-by-design framework combines the evidence-based security approach with the existing Secure SDLC. Using our methodology, first we can quantitatively show gap of Secure SDLC process level between competitor and the company. Second, it is very useful when you want to build Secure SDLC in the actual field because you can easily derive detailed activities and documents to build the desired level of Secure SDLC.

Two Cases of Corneal Edema Due to Vaporized Amine (기화된 아민에 의한 각막부종 2예)

  • Hwang, Yousook;Cho, Yang Kyung
    • Journal of The Korean Ophthalmological Society
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    • v.59 no.11
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    • pp.1077-1081
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    • 2018
  • Purpose: We report two cases of corneal edema in patients who presented with bilateral blurry vision due to vaporized amines while working in a polyurethane processing plant. Case summary: A 28-year-old male presented with bilateral blurred vision. His work involved solidifying polyurethane liquid and he often found himself exposed to polyurethane heat and gas. Purpose: We report two cases of corneal edema in patients who presented with bilateral blurry vision due to vaporized amines while working in a polyurethane processing plant. Case summary: A 28-year-old male presented with bilateral blurred vision. His work involved solidifying polyurethane liquid and he often found himself exposed to polyurethane heat and gas. On examination, the patient's uncorrected visual acuity (UCVA) was 20/40 (right) and 30/50 (left). A slit lamp examination revealed subepithelial microbullae in both eyes. The central corneal thickness (CCT) was also increased in both eyes, measuring $698{\mu}m$ (right) and $672{\mu}m$ (left). After prescribing 0.5% moxifloxacin and, 1% fluorometholone eye drops for 3 days in both eyes, the UCVA recovered to 20/40 (right) and 20/20 (left). The CCT decreased to $644{\mu}m$ (right) and $651{\mu}m$ (left), and the microbullae improved significantly in the left eye. The second patient was a 34-year-old female who presented with bilateral decreased visual acuity while at work. She worked in a factory that produced car seat filling. Her UCVA was 20/25 (right) and 20/20 (left). The CCT by specular microscopy was $537{\mu}m$ (right) and $541{\mu}m$ (left). On slit lamp examination, both eyes demonstrated bilateral central subepithelial edema. The patient did not attend any follow-up outpatient appointments after the initial presentation. Conclusions: Exposure to vaporized amines such as polyurethane may causereversible corneal toxicityeven without direct contact. Further consideration should be given to ocular safety and protection from amine compounds in the industrial field.On examination, the patient's uncorrected visual acuity (UCVA) was 20/40 (right) and 30/50 (left). A slit lamp examination revealed subepithelial microbullae in both eyes. The central corneal thickness (CCT) was also increased in both eyes, measuring $698{\mu}m$ (right) and $672{\mu}m$ (left). After prescribing 0.5% moxifloxacin and, 1% fluorometholone eye drops for 3 days in both eyes, the UCVA recovered to 20/40 (right) and 20/20 (left). The CCT decreased to $644{\mu}m$ (right) and $651{\mu}m$ (left), and the microbullae improved significantly in the left eye. The second patient was a 34-year-old female who presented with bilateral decreased visual acuity while at work. She worked in a factory that produced car seat filling. Her UCVA was 20/25 (right) and 20/20 (left). The CCT by specular microscopy was $537{\mu}m$ (right) and $541{\mu}m$ (left). On slit lamp examination, both eyes demonstrated bilateral central subepithelial edema. The patient did not attend any follow-up outpatient appointments after the initial presentation. Conclusions: Exposure to vaporized amines such as polyurethane may causereversible corneal toxicityeven without direct contact. Further consideration should be given to ocular safety and protection from amine compounds in the industrial field.

Numerical Study on the Effect of the Arrangement Type of Rotor Sail on Lift Formation (로터세일의 배열 형태가 양력 형성에 미치는 영향에 관한 수치해석적 연구)

  • Jung-Eun Kim;Dae-Hwan Cho;Chang-Yong Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.197-206
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    • 2023
  • Recently, the international community, including the International Maritime Organization (IMO), has strengthened regulations on air pollution emissions of ships, and eco-friendly ships are actively being developed to reduce exhaust gas emissions. Among them, rotor sail (RS), a wind-assisted ship propulsion system, is attracting attention again. RS is a cylindrical device installed on the ship deck, that generates hydrodynamic lift using a magnus effect. This is a next generation eco-friendly auxiliary propulsion technology, and Enercon company, which developed RS-applied ships, announced that fuel savings of more than 30% are possible. In this study, optimal installation conditions such as RS spacing and arrangement type were selected when multiple RSs were installed on ships. AR=5.1, SR=1.0, and De/D was fixed at 2.0 according to the RS arrangement, and the wind direction was considered only for the unidirectional +y-axis. Regarding arrangement conditions, five conditions were set at 3D intervals in the +x-axis direction from 3D to 15D and five conditions in the +y-axis direction from 5D to 25D. CL, CD and aerodynamic efficiency (CL/CD) were compared according to the square(□) and diamond(◇) shape arrangements. Consequently, the effect of RS on the longitudinal distance was not significantly different. However, in the case of RS flow characteristics according to the transverse distance, the interaction effect of RS was the greatest when the two RSs almost matched the wind direction. In the case of the RS flow characteristics according to the arrangement, notably, when the wind blew in the forward (0°) direction, the diamond (◇) arrangement was least affected by the backward flow between RSs.

Characteristics of Marine Algal Communities in Village Fishing Grounds Near Large Wildfires in Uljin-gun (울진군 대형산불 발생 인근 마을어장의 해조류 군집 특성)

  • Jeong Hee Shim;Hee Chan Choi;Hae-Kun Jung;Jong-Ku Gal;Jeong-Min Shim;Sung-Eic Hong;Chul-Hui Kwoun;Sang-Woo Kim
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.87-97
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    • 2023
  • In this study, we examined the effects of a large wildfire in the coastal area of Uljin-gun. The analysis of water quality and the dominant species, species composition, and community structure of marine algal was conducted quarterly in 2022 at Nagok (F-1), Hujeong (F-2), Bongpyeong (F-3), and Gongse Port (F-C) in Uljin-gun. As a result of water quality analysis, the pH, a factor of wildfire impact was 8.07~8.30 and 8.12~8.48 in surface and bottom layers, respectively, which are normal values in coastal waters of the East Sea, suggesting no direct impact from wildfires. By marine algal species composition, the coastal areas show the following order: Rhodophyta (58.1%) > Ochrophyta (25.8%) > Chlorophyta (14.5%) > Magnoliophyta (1.6%). By season, Undaria pinnatifida was the most dominant at Nagok and Hujeong in March and June, which in September and November, Gelidium elegans and Lithophyllum sp. were the most dominant in Bongpyeong and Gongse Port, respectively. In the cluster analysis, the stations were divided into two groups according to presence and absence of specific marine algal by season. The dominant species were U. pinnatifida, G. elegans and D. divaricata in group A, and Lithophyllum sp. was mainly present in group B. Thus, the species composition and group structure reflected the normal seasonal change pattern with water temperature variation and showed little significant difference from the control site, suggesting no direct effects of the wildfire on algae distribution in Uljin.