• Title/Summary/Keyword: 관리권

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Application and Expansion of the Harm Principle to the Restrictions of Liberty in the COVID-19 Public Health Crisis: Focusing on the Revised Bill of the March 2020 「Infectious Disease Control and Prevention Act」 (코로나19 공중보건 위기 상황에서의 자유권 제한에 대한 '해악의 원리'의 적용과 확장 - 2020년 3월 개정 「감염병의 예방 및 관리에 관한 법률」을 중심으로 -)

  • You, Kihoon;Kim, Dokyun;Kim, Ock-Joo
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.105-162
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    • 2020
  • In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

Legal Issues on the Collection and Utilization of Infectious Disease Data in the Infectious Disease Crisis (감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점 -미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.29-74
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    • 2022
  • As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

A Study on the Identifying OECMs in Korea for Achieving the Kunming-Montreal Global Biodiversity Framework - Focusing on the Concept and Experts' Perception - (쿤밍-몬트리올 글로벌 생물다양성 보전목표 성취를 위한 우리나라 OECM 발굴방향 연구 - 개념 고찰 및 전문가 인식을 중심으로 -)

  • Hag-Young Heo;Sun-Joo Park
    • Korean Journal of Environment and Ecology
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    • v.37 no.4
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    • pp.302-314
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    • 2023
  • This study aims to explore the direction for Korea's effective response to Target 3 (30by30), which can be said to be the core of the Kunming-Montreal Global Biodiversity Framework (K-M GBF) of the Convention on Biological Diversity (CBD), to find the direction of systematic OECM (Other Effective area-based Conservation Measures) discovery at the national level through a survey of global conceptual review and expert perception of OECM. This study examined ① the use of Korean terms related to OECM, ② derivation of determining criteria reflecting global standards, ③ deriving types of potential OECM candidates in Korea, and ④ considerations for OECM identification and reporting to explore the direction for identifying systematic, national-level OECM that complies with global standards and reflects the Korean context. First, there was consensus for using Korean terminology that reflects the concept of OECM rather than simple translations, and it was determined that "nature coexistence area" was the most preferred term (12 people) and had the same context as CBD 2050 Vision of "a world of living in harmony with nature." This study suggests utilizing four criteria (1. No protected areas, 2. Geographic boundaries, 3. Governance/management, and 4. Biodiversity value) that reflect OECM's core characteristics in the first-stage selection process, carrying out the consensus-building process (stage 2) with the relevant agencies, and adding two criteria (3-1 Effectiveness and sustainability of governance and management and 4-1 Long-term conservation) and performing the in-depth diagnosis in stage 3 (full assessment for reporting). The 28 types examined in this study were generally compatible with OECMs (4.45-6.21/7 points, mean 5.24). In particular, the "Conservation Properties (6.21 points)" and "Conservation Agreements (6.07 points)", which are controlled by National Nature Trust, are shown to be the most in line with the OECM concept. They were followed by "Buffer zone of World Natural Heritage (5.77 points)", "Temple Forest (5.73 points)", "Green-belt (Restricted development zones, 5.63 points)", "DMZ (5.60 points)", and "Buffer zone of biosphere reserve (5.50 point)" to have high potential. In the case of "Uninhabited Islands under Absolute Conservation", the response that they conformed to the protected areas (5.83/7 points) was higher than the OECM compatibility (5.52/7 points), it is determined that in the future, it would be preferable to promote the listing of absolute unprotected islands in the Korea Database on Protected Areas (KDPA) along with their surrounding waters (1 km). Based on the results of a global OECM standard review and expert perception survey, 10 items were suggested as considerations when identifying OECM in the Korean context. In the future, continuous research is needed to identify the potential OECMs through site-level assessment regarding these considerations and establish an effective in-situ conservation system at the national level by linking existing protected area systems and identified OECMs.

A Study on the Job Performance of Dental Coordinators and Their Perception (치과코디네이터의 업무수행 및 인식도에 관한 조사연구)

  • Kwon, Soon-Bok;Kim, Young-Nam;Moon, Hee-Jung;Shin, Myung-Suk;Han, Gyeong-Soon;Han, Su-Jin
    • Journal of dental hygiene science
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    • v.5 no.4
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    • pp.211-220
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    • 2005
  • The purpose of this study was to examine the job performance of dental coordinators and their perception of their job to lay the groundwork for utilizing dental personnels more efficiently. The subjects in this study were dental coordinators who worked at selected dental hospitals and clinics in Seoul, Gyeonggi province and Incheon. A survey was conducted to gather data from May 1 to August 8, 2005 and answer sheets from 108 respondents were analyzed. The findings of the study were as follows: 1. As for the length of service, 43.5 percent of the dental coordinators investigated had worked at dental institutes for five years or more, which was followed by less than two years(19.5%) and three years to less than five years(19.4%). Concerning the length of service as dental coordinators, 39.8 percent had served for less than two years, and 19.4 percent had worked for two years to less than three years and for five years or more respectively. Regarding the name of position, 38 percent were called team leaders, and 30.6 percent were called coordinators. As to duties, the largest group of them that stood at 30.6 percent were in charge of receiving, and in regard to department, the largest group, 57.4 percent, belonged to the treatment backup department. 2. Concerning education, the greatest number of them, 45.4 percent, had received education at private institutes, and 73.1 percent found it necessary for dental coordinators to take an authorized qualification test. 43.5 percent, the largest group, looked upon the central government as the best organization to authorize their qualifications and 70.8 percent believed that what they learned enabled them to perform their job successfully. As to the necessity of follow-up education as a means to improve job performance, 96.3 percent consented to it. As for the reason, 63.9 percent considered that necessary to enhance their own ability and 22.2 percent were in want of systematic education. Regarding educational expenses, 29.6 percent were subsidized by the dental institutes where they had worked and 25.9 percent had totally been responsible for that. Regarding a required course, medical service and marketing was most widely pointed out(66.7%), followed by theory and practice(65.7%) and introduction to dentistry(57.4%). As to what sort of education they wanted to receive more, dental service and marketing was selected the most, followed by practical health insurance(35.2%). 3. In regard to what type of job they performed as dental coordinators, 88.9 percent were in charge of appointment in the field of customer service, and 87.9 percent paid attention to having good manners as service providers in the area of self-management. In the field of hospital affairs, 81.3 percent were in charge of receiving. 4. As to their awareness of dental coordinator job, the largest group took pride in the job they performed ($3.99{\pm}0.76$), and the second largest group believed that dental coordinators made a great contribution to hospital management ($3.92{\pm}0.70$). The third largest group gave a great weight to their own job ($3.91{\pm}0.84$) in light of overall dental duties and the fourth largest group found themselves to get along with other employees regardless of position ($3.86{\pm}0.74$). The fifth largest group believed their job was of great use for promoting the oral health of patients ($3.76{\pm}0.75$), and the sixth largest group thought the future of dental coordinators was promising($3.74{\pm}0.86$). 5. In regard to their perception by age group, those who were older had a better opinion on every item of their job in general. Their age made a statistically significant difference to their view of the weight of dental coordinator job(P < 0.001) in light of overall dental duties, of being approved and trusted by managers(P < 0.01), of social awareness of dental coordinator, and of being understood and approved by other employees and dentists. Their pride in current job and their satisfaction with the name of their position were statistically significantly different according to their age as well. Besides, their age made a statistically significant difference to their opinion about whether or not there was an age limit to their occupation and about their contribution to hospital management (P < 0.05). 6. As for their perception by type of job, the dental hygienists were generally most satisfied with their job, followed by nursing aids and others. There was a statistically significant gap among their opinions about whether to make a job-related decision on their own(P < 0.001). the weight of their job in terms of overall dental duties, whether their job improved their ability, whether their job made a great contribution to enhancing the oral health of patients, whether their job was understood and approved by other employees(P < 0.01), social awareness of their job, whether they conflicted with other employees during job performance, and whether dental hospitals or clinics offered a self-development opportunity for them to take their ability to another level(P < 0.05). And their satisfaction with current pay was statistically significantly different as well.

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Study on Health Behavior of Hypertensive Patients and Compliance for Treatment of Antihypertensive Medication (고혈압 환자들의 순응도와 건강행태의 관계)

  • Kim, Joo-Yeon;Lee, Dong-Bae;Cho, Young-Chae;Lee, Sok-Goo;Chang, Seong-Sil;Kwon, Yun-Hyung;Lee, Tae-Yong
    • Journal of agricultural medicine and community health
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    • v.25 no.1
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    • pp.29-49
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    • 2000
  • Objectives: To estimate the prevalence rate of hypertension, the changes of health behavior, and compliance for the drug treatment after diagnosed as hypertension. Methods: 7,030 persons who live in Cheonan City of Chungnam Province were selected by the cluster sampling method, and 5,372 persons were surveyed by questionnaire and health examination. This data is analyzed by Chi-square test on each variable. Results: 49.8%- of men and 38.8%- of women had been diagnosed as hypertension, and the prevalence rate of hypertension was significantly increased with aging in both gender. The prevalence rate tended to decrease in highly educated women group. Unemployed persons or obese persons showed relatively higher prevalence rate. The prevalence rate of hypertension increased in groups with higher total cholesterol levels over 240 mg/dl, and groups with glucose level over 200 mg/dl. 53.1%- of male patients and 66.6%- of female patients showed compliance for antihypertensive treatment. Compliance for treatment was higher in aged group or lower educated group in both gender. Among men, proportion of compliant subjects was higher in unemployed group(49.3%-), and lower in labor or primary industry than the others but among women, there was not any significant difference. And men with compliance for treatment had higher monthly income than the others, but women did not show any. Conclusion : This population had a high prevalence rate of hypertension which may lead to cardiovascular disease. Therefore health education programs and distribution of information must be emphasized in order to increase compliance to treatment and encourage the change of health behavior to promote health.

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A Study on the Evaluation of Fertilizer Loss in the Drainage(Waste) Water of Hydroponic Cultivation, Korea (수경재배 유출 배액(폐양액)의 비료 손실량 평가 연구)

  • Jinkwan Son;Sungwook Yun;Jinkyung Kwon;Jihoon Shin;Donghyeon Kang;Minjung Park;Ryugap Lim
    • Journal of Wetlands Research
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    • v.25 no.1
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    • pp.35-47
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    • 2023
  • Korean facility horticulture and hydroponic cultivation methods increase, requiring the management of waste water generated. In this study, the amount of fertilizer contained in the discharged waste liquid was determined. By evaluating this as a price, it was suggested to reduce water treatment costs and recycle fertilizer components. It was evaluated based on the results of major water quality analysis of waste liquid by crop, such as tomatoes, paprika, cucumbers, and strawberries, and in the case of P component, it was analyzed by converting it to the amount of phosphoric acid (P2O5). The amount of nitrogen (N) can be calculated by discharging 1,145.90kg·ha-1 of tomatoes, 920.43kg·ha-1 of paprika, 804.16kg·ha-1 of cucumbers, 405.83kg·ha-1 of strawberries, and the fertilizer content of P2O5 is 830.65kg·ha-1 of paprika, 622.32kg·ha-1 of tomatoes, 477.67kg·ha-1 of cucumbers. In addition, trace elements such as potassium (K), calcium (Ca), magnesium (Mg), iron (Fe), and manganese (Mn) were also analyzed to be emitted. The price per kg of each item calculated by averaging the price of fertilizer sold on the market can be evaluated as KRW, N 860.7, P 2,378.2, K 2,121.7, Ca 981.2, Mg 1,036.3, Fe 126,076.9, Mn 62,322.1, Zn 15,825.0, Cu 31,362.0, B 4,238.0, Mo 149,041.7. The annual fertilizer loss amount for each crop was calculated by comprehensively considering the price per kg calculated based on the market price of fertilizer, the concentration of waste by crop analyzed earlier, and the average annual emission of hydroponic cultivation. As a result of the analysis, the average of the four hydroponic crops was 5,475,361.1 won in fertilizer ingredients, with tomatoes valued at 6,995,622.3 won, paprika valued at 7,384,923.8 won, cucumbers valued at 5,091,607.9 won, and strawberries valued at 2,429,290.6 won. It was expected that if hydroponic drainage is managed through self-treatment or threshing before discharge rather than by leaking it into a river and treating it as a pollutant, it can be a valuable reusable fertilizer ingredient along with reducing water treatment costs.

Estimating Carbon Fixation of 14 Crops in Korea (우리나라 주요 작물의 탄소 고정량 산출)

  • Kim, Gun-Yeob;Ko, Byong-Gu;Jeong, Hyun-Cheol;Roh, Kee-An;Shim, Kyo-Moon;Lee, Jeong-Taek;Lee, Deog-Bae;Hong, Suk-Young;Kwon, Soon-Ik
    • Korean Journal of Soil Science and Fertilizer
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    • v.42 no.6
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    • pp.460-466
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    • 2009
  • Carbon fixation and density of crops are important to estimate carbon uptake or emission by agricultural production activities and to establish life cycle inventory of crops for assessment of climate change impact. In this study, regional carbon fixation and density in each part of 14 crops, harvest index, and ratio of aboveground to underground were investigated to estimate biomass of 14 crops in Korea by using agricultural statistics data. Biomass yield of potato was $16.5ton\;ha^{-1}$, which was the highest, and those of rice, sweet potato, and garlic were $10.5ton\;ha^{-1}$, $8.7ton\;ha^{-1}$, and $7.5ton\;ha^{-1}$ respectively. Biomass yield of Green onion was the lowest as $2.8ton\;ha^{-1}$. Carbon density of 14 crops were in the order of potato ($6.4ton\;ha^{-1}$), rice ($4.2ton\;ha^{-1}$), sweet potato ($3.4ton\;ha^{-1}$), rape ($2.9ton\;ha^{-1}$) and garlic ($2.8ton\;ha^{-1}$). Regional distribution of carbon contents for each crop mapped revealed that carbon fixation of rice, soybean, sesame, garlic, and green onion were the highest in Jeonnam province, barley, red pepper, and watermelon in Gyeongnam, perilla in Chungnam, peanut in Gyeongbuk, rape and carrot in Jeju, sweet potato in Gyeonggi, potato in Gangwon. The results can be applied for assessing life cycle inventory of crops and crop productivity using remotely sensed data.

The Spatial Disparity of Opportunity Potentials in Korea (한국 도시의 경제 $\cdot$ 문화 $\cdot$ 사회 복지적 기회 잠재력의 지역적 격차)

  • Choi, Yoon-Jeong;Lee, Keumsook
    • Journal of the Economic Geographical Society of Korea
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    • v.8 no.1
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    • pp.91-105
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    • 2005
  • The assessment (or the evaluation) of spatial disparity is the main concern for the study of spatial disparities or spatial inequalities. In order to evaluate the spatial disparity, the regional differences have to be counted quantitatively. Several measurements have been introduced for evaluating the development potentials of each region. Most of them are the composite indices of the socio-economic variables rather than the real potentials of the region. This study attempts to investigate the spatial disparity in Korea. For the purpose, the levels of opportunity potentials of the cities have been calculated by the Potential Model redefined by Lee(1995). The opportunity potentials have been calculated for the educational, cultural, medical service, environmental sectors, income, and consumption sectors, and the spatial patterns of various opportunity potentials have been analyzed. The spatial patterns of opportunity potentials show the severe concentration on the Metropolitan Seoul area through all sectors. The next level concentration appears at the other end of the Keuyng-Bu axis. And the cities relatively high opportunity potential values are distributed along the Keuyng-Bu axis. Remain parts of the country show quietly low opportunity potential values. In particular, the southern-west and the northern-east parts show relatively very low values. This pattern appears for all sectors except for the opportunity potential of the environmental sector. It means that the spatial disparity in Korea have been promoted and enhanced by the national development policies concentrated the investment on the large cities along the Keuyng-Bu axis during the last 40 years.

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Development of a Prototype System for Aquaculture Facility Auto Detection Using KOMPSAT-3 Satellite Imagery (KOMPSAT-3 위성영상 기반 양식시설물 자동 검출 프로토타입 시스템 개발)

  • KIM, Do-Ryeong;KIM, Hyeong-Hun;KIM, Woo-Hyeon;RYU, Dong-Ha;GANG, Su-Myung;CHOUNG, Yun-Jae
    • Journal of the Korean Association of Geographic Information Studies
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    • v.19 no.4
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    • pp.63-75
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    • 2016
  • Aquaculture has historically delivered marine products because the country is surrounded by ocean on three sides. Surveys on production have been conducted recently to systematically manage aquaculture facilities. Based on survey results, pricing controls on marine products has been implemented to stabilize local fishery resources and to ensure minimum income for fishermen. Such surveys on aquaculture facilities depend on manual digitization of aerial photographs each year. These surveys that incorporate manual digitization using high-resolution aerial photographs can accurately evaluate aquaculture with the knowledge of experts, who are aware of each aquaculture facility's characteristics and deployment of those facilities. However, using aerial photographs has monetary and time limitations for monitoring aquaculture resources with different life cycles, and also requires a number of experts. Therefore, in this study, we investigated an automatic prototype system for detecting boundary information and monitoring aquaculture facilities based on satellite images. KOMPSAT-3 (13 Scene), a local high-resolution satellite provided the satellite imagery collected between October and April, a time period in which many aquaculture facilities were operating. The ANN classification method was used for automatic detecting such as cage, longline and buoy type. Furthermore, shape files were generated using a digitizing image processing method that incorporates polygon generation techniques. In this study, our newly developed prototype method detected aquaculture facilities at a rate of 93%. The suggested method overcomes the limits of existing monitoring method using aerial photographs, but also assists experts in detecting aquaculture facilities. Aquaculture facility detection systems must be developed in the future through application of image processing techniques and classification of aquaculture facilities. Such systems will assist in related decision-making through aquaculture facility monitoring.

Status of Maize Production and Distribution in South East Asia (동남아시아 옥수수 생산 및 유통현황)

  • Lee, Sang-Kyu;Song, Jun-Ho;Baek, Seong-Bum;Kwon, Young-Up;Lee, Byung-Moo
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.60 no.3
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    • pp.318-332
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    • 2015
  • The maize production in South-eastern Asian countries showed a continuous increase with increasing poultry-livestock from the beginning of the 1990s to early 2010. Also the need for a new variety development of each contries was increased rapidly in the same period. Single-Cross hybrid varieties have been developed and supplied from 2001 instead of multi-cross maize varieties since 1992 in Indonesia. In Cambodia, CP group is mainly manufacturing feeds with most of the forage maize from farmers who are growing its seeds from the company. Cambodian main cultivars are varieties of multinational corporations such as DK8868 from Monsanto, NK6326, NK7328 from Syngenta and CP333 from CP group including local business company. Vietnam is the main maze importing country in South-Eastern Asia which had imported 13 times scale of amount compared to exports in average from 1990 to 2011. Vietnamese government has developed a range of varieties for improving their efficiency in production, such as the LVN-10 with political investments. Their production has been reached to 80% of the total. According to the 2012 MIFAFF (Ministry for Food, Agriculture, Forestry and Fisheries) data in Korea, domestic edible maize cultivation area was approximately 15,000ha. It showed 74,399 tons of production, 3.8% of food self-sufficiency in maize and around 0.9% of grain self-sufficiency rate. The consumption of grain is mostly rely on imports in Korea. To overcome the limit of the domestic seed market and increase maize self-sufficiency, the need to develop maze varieties for world-class is increasing at present through analyzing the market trend and prospect of the seed industry in South-eastern Asia.