• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.1
• /
• pp.181-202
• /
• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

• The Korean Society of Law and Medicine
• /
• v.18 no.1
• /
• pp.237-264
• /
• 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.

• Journal of Environmental Policy
• /
• v.7 no.3
• /
• pp.89-120
• /
• 2008

With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

• Journal of Hospice and Palliative Care
• /
• v.15 no.1
• /
• pp.18-29
• /
• 2012

Purpose: We analyzed how clinical nurses in Korea perceive terminally ill patients' medical decision-making. Methods: The Q-methodology which analyzes the subjectivity of each item was used. We selected 34 Q-statements among those provided by each of 37 subjects and grouped them into a shape of normal distribution using a 9 point scale. The collected data were analyzed using a QUANL PC program. Results: Four types of perception toward medical decision-making were identified. Type I focuses on patient participation, and Type II emphasizes the role of health professionals. Type III is characterized by an open-minded culture toward death, and Type IV values the role of family members. Conclusion: The results of this study indicate the need for development of a multi-disciplinary curriculum medical decision-making and death for medical and nursing students.

• Korean Journal of Environment and Ecology
• /
• v.23 no.1
• /
• pp.90-98
• /
• 2009

Every spring, Korea is always plagued by sandy dust from the western region of China and Mongolia. Yellow sand is causing an environmental problem to Japan and far into the American continent, let alone Korea. At present, the western region of China is going under desertification at a great speed due to climatic change and humans' damaging activities. To cope with this, each country including China is considering ecological restoration of deserts through planting. Accordingly, this research conducted a vegetation survey on Baicheng district which is a representative dry land of western China to obtain a basic data for ecological restoration of a desert. The survey revealed that Setaria viridis which invaded an arid land made a succession into Setaria viridis-Cannabis sativa var. fruderalis community together with Artemisia mongolica-Setaria viridis community due to the increase in salt concentration and alkalization subsequent to dryness. It was also found out that there finally formed Artemisia mongolica community on a flat intense in harsh wind and dryness with the continuous worsening of environmental conditions. There appeared a different type of vegetation on hilly districts where sporadic shade could come into being because the air humidity could be available relatively there. Frequently, typically appearing at the whole survey area, the Tributlus terrestris community was found to make succession into Tribulus terrestris-Cleisrogenes squarrosa community due to the aggravation of soil environment. In addition, with the worsening of the environment at hilly districts, there formed Clesirogenes squarrosa community resistant to dryness, salinity in soil and strong alkalinity. Further, there appeared higher plant life totalling to 62 taxa comprising 58 species and 4 varieties with 27 families and 49 genuses at the whole survey area. Among these, Compositae plants excellent in resistance to environment was surveyed the most, accounting for 27%.

• Journal of the Korean association of regional geographers
• /
• v.22 no.1
• /
• pp.151-167
• /
• 2016

Conventional social science typically regards the idea of a 'mountain' as part of 'nature' and a physical environment existing separately from, or prior to, human society and culture. However, in Korea, which is 70% mountainous land, the 'mountain' is part of a unique 'social nature'. This research develops the idea that in this context the mountain is a social nature and a cultural landscape which are tied heavily to the idea of travel. The article interrogates why the scenic beauties of Mt. Kumgang have been perceived and conveyed through multiple generations since the Chosun Dynasty period. Focusing on Mt. Kumgang, this article illustrates how strongly people have held dreams of mountain travel, for the whole life-time. Travel writings(or accounts of trips to the mountain) and artwork have played a particularly important role in creating Mt. Kumgang's reputation as the most beautiful mountain in the country. At the same time, the access to the mountain was often a dangerous adventure, with many travelers facing hunger and extreme physical challenges. As portrayed in writings and artwork, the overall effect of these dynamics was the creation of a socionatural place of striking beauty that even seemed to have mystical or magical fantasy. According to Confucian ideals, full appreciation of nature and its beauty was key to understanding the logics of the universe and to achieving a high moral standard, which contributed to decide to leave for the mountain as well. The essays, poems, and paintings of Mt. Kumgang since the Chosun Dynasty period that portrayed the mountain's beauty collectively served to produce the mountain as a socionatural landscape engendered with potent place-myths, important historical meaning, and strong aesthetic associations. Thus, the travel to the mountain seemed never completed over until travelers had completed various artistic representations to record and to memorize what they'd done and seen in Mt. Kumgang, which had been performed for the strong purpose of social sharing of the real the mountain's beauties and itinerary.

• Journal of dental hygiene science
• /
• v.10 no.6
• /
• pp.431-438
• /
• 2010

This study was designed to identify the relationship between emotional labor and reaction factor(job satisfaction, fatigue), buffer factor(social support) among dental hygienist. The number of respondents was 50 who work in dental clinic and period of investigation was march 2010 through April 2010. A structured questionnaire was employed to evaluate the level of participants' sociodemographics, job-related factors, health-related behaviors, emotional labor and self-perceived fatigue, job satisfaction, social support. While the mean values of emotional labor were higher than thosewho work in hospital and lower than those who work in service employees. These results suggest that emotional labor was related to an increase in fatigue and strong correlation between involuntary emotional expression, self-perceived fatigue, job satisfaction, social support in dental hygienist. Multiple regression analysis has found that social support and no. of personnel were main factors that influence to the level of emotional labor in dental hygienist. The results of this study suggest that emotional labor was a determinant predictor of self perceived fatigue. Thus, a management program for emotional labor is strongly recommended for promotion of quality of life in dental hygienist and to improve dental service and competitiveness.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.28 no.3
• /
• pp.1-13
• /
• 2010

This research is the semantic study on the nature cognition and lyricism of pavilion builders as reflected in the pavilion tablets in the Damyang poetry culture area built during 16th century. The names of pavilions, pavilion writings and "poetry with given theme" were studied by actual site visits. The view on the nature and aesthetic awareness of the pavilion builders at the time were explored together with surrounding landscapes. Following conclusions were drawn. 1. Pavilion names borrowed phrases from the famous historical events left by the sages. Or, they took the compliment on the beautiful nature surrounding orthe academic achievement of pavilion owners as the theme, then elaborated them with thinking based on Sung Confucianism. 2. The writings of pavilion literature were the idealistic view on the nature. They think the nature and human as "object and ego are one, object and ego communicate each other, object and ego become one". 3. The nature in the 16th century was the "principle of birth-death-grow-wither" for the intellectuals. They thought that the nature is the ultimate place to return for the realization of life with self-respect. 4. The introduction of fairy land among literary activities in the pavilion was the symbolic means healing the frustrated ego. It was confirmed that they temporarily entrusted their depressed feelings by borrowing the fairy land, far from the reality. The pavilion was the space to escape from the reality and soothe the anger and discord in the reality. 5. The pavilion literature in the Damyang poetry culture area during 16th century sang their pleasure of enjoying the beautiful scenery in the rural area using their social status. The literary works also contained their agony due to the frustration of difficulty in the realization of ideal. When the intellectuals, who already mastered literature, history and philosophy, came down to rural area, built pavilions at the location with beautiful scenery, and spent time while composing poetry, it was an escape from the burden that they should take the social responsibility as the model intellectuals of the society. The pavilions in Damyang poetry-culture area during 16th century were the idealized conceptual world and the space of awareness reflecting the philosophy and thinking of the time.

• Cartoon and Animation Studies
• /
• s.36
• /
• pp.375-391
• /
• 2014

Animation movie is a non-photorealistic animated art that consists of formative language forming a frame based on a story and cuts describing frames that form the cuts. Therefore, in expressing an image, artistic expression methods and devices for a formative space are should be provided in a frame while cuts have the images between frames faithfully. Short animation movie is produced by various image experiments with unique image expressions rather than narration for expressing subjective discourse of a writer. Therefore, image style that forms unique images and various image directions are important factors. This study compared the experimental image directions of and , both of which showed a production method of film manipulation. First, while uses pixilation that produces images obtained from live images through painting and many optical disclosure process on a cell mat, was made with diverse collage techniques such as tearing, cutting, pasting, and folding hundreds of scenes from action movies. Second, expresses non-causal relationship of characters by their repetitive behaviors and circulatory image structure through a fixed camera angle, resisting typical scene transition. On the other hand, has an advancing structure that progresses antagonistic relationship of characters through diverse camera angles and scene transition of unique images. Third, in terms of editing, uses a long-take short cut technique in which the whole image consists of one short cut, though it seems to be many scenes with the appearance of various characters. On the other hand, maximizes visual fun and commitment by image reconstruction with hundreds of various short cuts. That is, both works have common features of an experimental work that shows expansion of animated image expressions through film manipulation that is different form general animation productions. On top of that, delivers routine life of diverse human beings without clear narration through image of conceptualized spaces. expresses it in a new image space through image reconstruction with collage technique and speedy progress, setting a binary opposition structure.

• Journal of Korean Philosophical Society
• /
• v.126
• /
• pp.423-461
• /
• 2013

The researcher conducted this study to investigate what special meaning does an emotion experience program, a Confucianism philosophical thinking, has for Sunwoo(善友), and based on what structure it unveils a good clue of Sunwoo(善友); and to reveal the structure of philosophical counselling treatment simultaneously. Thus, the researcher performed an "emotion experience program for 3 weeks, targeting 22 research subjects and collected the data of their experience. As for date analysis, a phenomenological analytic method of Colaizzi (1978), one of qualitative research methods was used. It was because the phenomenological analytic method of Colaizzi was suggested to derive common properties of whole research subjects rather than those of individual research subject, which could help develop the theories of philosophical counselling treatment. The finding of the analysis revealed the intrinsic structure of the phenomenon which the research subjects experienced through "an emotion experience program" was reborn as 'unfamiliarity and suspicion', 'burden', 'recognition of a method and a need', 'self-reflection', 'awareness of nature and the correct behavior', 'joy and pleasure', and 'rebirth as a valuable existence'. These were categorized to examine the structure of philosophical counselling treatment. The findings revealed the treatment went through the precesses: 'the start of learning and intentional guidance', 'reflection', 'enlightenment', 'Sugichiin(修己治人)', 'freedom', and 'transcendence. Considering the purpose of Confucian philosophy is living valuable life and the accomplishment of objectives is based on the transcendence, realizing preallotment and putting it into practice, the structure of emotion experience by the research subjects is appropriate for the purpose of Confucian philosophy and the process of objective accomplishment.