• Title/Summary/Keyword: Civil Law

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The Hague Convention on Jurisdiction and Enforcement, of Judgments

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.343-373
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    • 2006
  • 지적재산권의 속지주의 원칙에 따라 전통적으로 지적재산권의 침해에 있어서 결과의 발생이 없는 행위지를 침해지로 인정하지 않았다. 어문과 예술작품을 보호하기 위해 1886년 체결된 베른협약(Berne Convention for the Protection of Literary and Artistic Works) 제5조 제1항은 저작자가 베른협약에 따라 보호되는 저작물에 관하여 본국 이외의 동맹국에서 각 법률이 현재 또는 장래에 자국민에게 부여하는 권리 및 이 협약이 특별히 부여하는 권리를 향유한다고 규정하여 내국민대우원칙을 천명하고 있다. 또한 베른협약 제5조 제2항은 저작권의 보호와 향유는 저작물의 본국에서 보호가 존재하는 여부와 관계가 없이, 보호의 범위와 저작자의 권리를 보호하기 위하여 주어지는 구제의 방법은 오로지 보호가 주장되는 국가의 법률의 지배를 받는다라고 규정하여 저작권 침해가 발행한 국가의 법률의 적용을 명시하고 있다. 인터넷과 무선통신 기술의 발달은 저작물을 디지탈 형식으로 실시간에 전세계에 배포하는 것을 가능하게 하였다. 특히 저작물의 인터넷상에서의 배포는 다국적 저작권 침해행위를 야기하여, 저작권자가 다수의 국가에서 저작권 침해소송을 제기하여 판결을 집행하는 것이 필요하게 되었다. 헤이그국제사법회의(Hague Conference on Private International Law)에서 1992년부터 논의되어 온 민사 및 상사사건의 국제재판관할과 외국판결에 관한 협약(Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters)에서 채택된1999년의 예비초안(preliminary draft) 및 2001년 외교회의에서 수정된 잠정초안(Interim text) (이하 헤이그 협약 )은 저작권자가 저작권침해행위가 발생한 각 국가에서 저작권 침해행위를 금지하는 소송을 제기할 필요없이, 동 협약의 한 가맹국가의 법원의 저작권침해금지판결을 다른 가맹국가에서도 집행할 수 있는 가능성을 제시해 주는데 의미가 있다. 헤이그 협약 제10조는 불법행위(torts)에 관한 일반적인 재판관할에 관한 규정을 두고 있으며, 저작권침해에 관한 분쟁은 동 조항의 적용을 받는다. 제10조에 의해 당사자는 가해행위지 국가의 법원 또는 결과발생지 국가의 법원에서 소송을 제기할 수 있다. 결과발생지의 경우 제10조 1항 (b)는 피고가 자신의 행위가 본국의 법규에 비추어 동일한 성격의 손해를 초래할 수 있다라고 합리적으로 예견할 수 없었던 경우에 본 조항의 적용을 배제하고 있다. 인터넷을 통한 저작권침해의 경우, 피고가 자신의 국가의 법규하에서 합법적으로 저작물을 웹사이트에 게시하였으나, 그 행위가 다운로딩이 행해진 국가에서 불법인 경우, 피고는 저작권침해를 예견할 수 없었으므로 이에 문제가 제기된다. iCrave TV사건에서, 피고인 캐나다회사가 미국 및 캐나다에서 방송되는 텔레비젼 방송 프로그램을 자신의 웹사이트에 게시하여 이용자들로 하여금 컴퓨터를 통하여 방송을 재시청 할 수 있도록 하였는데 이는 캐나다에서 합법인 반면에 미국에서는 저작권 침해에 해당한다. 피고는 방송 프로그램을 인터넷상에서 재방송하는 것은 캐나다법상 합법이므로 저작권침해를 예견할 수 없었다고 주장하면서, 해당 사이트에 오직 캐나다 거주자만의 접속을 허용하고 미국 거주자의 접속을 제한하는 일련의 Click-Wrap 계약과 스크린 장치를 제공하였다고 주장하였다. 본 사건 피고의 주장을 받아들인다고 가정할 때, 제10조 1항(b)에 의해 원고는 결과발생지인 미국법원의 재판관할을 강제할 수 없을 것이다. 지적재산권을 둘러싼 분쟁에 관한 재판관할과 국제법상의 판결의 승인 및 집행의 통일성을 기하기 위하여 2001년 1월 세계지적재산권기구(World Intellectual Property Organization)가 제안한 WIPO 협약초안(Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters)은 헤이그 협약이 재판관할과 판결의 승인 및 집행에 대한 일반적인 접근을 하고 있는 점에 반하여 지적재산권자의 보호라는 측면을 고려하여 지적재산권침해소송에 국제재판관할권을 규정하고 있다. WIPO 협약초안 제6조는 저작권자가 저작권 침해를 막기 위한 합리적인 조치를 취한 국가에서 저작권 침해소송을 피할 수 있다고 규정하고 있다. 따라서 본 조항에 의할 경우, iCrave TV사건의 피고는 미국에서의 저작권 침해소송을 회피할 수 있을 것이다. 이상과 같이 헤이그 협약이 외국판결의 승인 및 집행을 가능하게 하고 있음에도 불구하고, 외국법원의 판결이 다수의 가맹국가에서 집행되지 못하는 가장 큰 장애는 대다수의 국가들이 외국법원의 판결이 공서양속(Public Policy)에 반하는 경우 판결을 승인하지 않는 예외규정을 두고 있기 때문이다. 미국의 경우, Uniform Recognition Act와 Restatement(Third) of Foreign Relations에 따른 공서양속의 예외규정(Public Policy exception)은 외국법원의 판결의 승인을 부인하는 근거가 된다. Yahoo! 사건에서 Yahoo! Inc.의 옥션 사이트를 통해 독일 나치 소장물의 판매가 이루어졌는데, 프랑스 형법상 이는 범죄행위에 해당하므로, 프랑스 법원은Yahoo! Inc.에게 프랑스 이용자가 당해 옥션 사이트에 접속할 수 없도록 모든 가능한 조치를 취할 것을 명하였다. 이에 미국 법원은 프랑스 법원의 판결은 Yahoo! Inc.의 미국헌법 제1 수정(First Amendment)의 언론의 자유(freedom of speech)에 반하므로 판결의 집행을 거부하였는데 이는 공서양속의 예외규정을 보여주는 예이다. 헤이그 협약 제28조와 WIPO 협약초안 제25조 또한 공서양속의 예외규정을 두고 있다. 본 논문은 인터넷과 통신기술의 발달로 야기되는 다국적 저작권 침해사건에서 한 국가의 법원의 저작권 침해금지판결이 다수의 국가에서 승인 및 집행될 수 있는 능성을 헤이그 협약과 WIPO 협약초안 및 미국판결을 중심으로 살펴보았다. 국제적으로 통일된 저작권법이 존재하지 않고 외국 판결의 승인을 부인하는 예외조항과 외국판결의 집행에 관한 각국의 이해관계와 준거법의 해석이 다른 현시점에서 지적재산권의 속지주의를 뛰어넘어 외국법원의 판결을 국제적으로 집행하는 것은 다소 어려움이 있어 보이나 국제적인 집행가능성의 열쇠를 제시하는 헤이그 협약과 장래의 국제조약에 그 기대를 걸어볼 수 있겠다.

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Proving Causation With Epidemiological Evidence in Tobacco Lawsuits (담배소송에서 역학적 증거에 의한 인과관계의 증명에 관한 소고)

  • Lee, Sun Goo
    • Journal of Preventive Medicine and Public Health
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    • v.49 no.2
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    • pp.80-96
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    • 2016
  • Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving causation is difficult in tobacco lawsuits because factors other than smoking are involved in the development of a disease, and also because of the lapse of time between smoking and the manifestation of the disease. The Supreme Court (Supreme Court Decision, 2011Da22092, April 10, 2014) has imposed some limitations on using epidemiological evidence to prove causation in tobacco lawsuits filed by smokers and their family members, but these limitations should be reconsidered. First, the Court stated that a disease can be categorized as specific or non-specific, and for each disease type, causation can be proven by different types of evidence. However, the concept of specific diseases is not compatible with multifactor theory, which is generally accepted in the field of public health. Second, when the epidemiological association between the disease and the risk factor is proven to be significant, imposing additional burdens of proof on the plaintiff may considerably limit the plaintiff's right to recovery, but the Court required the plaintiffs to provide additional information such as health condition and lifestyle. Third, the Supreme Court is not giving greater weight to the evidential value of epidemiological study results because the Court focuses on the fact that these studies were group-level, not individual-level. However, group-level studies could still offer valuable information about individual members of the group, e.g., probability of causation.

A Study on the Precedents Changing Related to International Jurisdiction in Electronic Commerce-Focused on U.S. Cases- (전자상거래의 국제재판관할 관련 판례변화에 관한 연구)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.3-29
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    • 2011
  • The Internet has become a medium through which people engage in increasingly sophisticated transactions. Businesses and consumers now use the Internet to communicate and engage in commercial transactions creating a virtual worldwide marketplace. They fear that the determination of Internet jurisdiction could be uncertain because electronic commerce is not executed in one particular place. Until now, there are no specific rules in the model laws and conventions dealing with international jurisdiction in electronic commerce. Due to the fact that U.S. companies are at the forefront of Internet technology, litigation regarding electronic commerce in the U.S. is more advanced than anywhere else in the world This paper analysis the basic framework for personal jurisdiction and approach for determining international jurisdiction in electronic commerce cases and explain the differences of several approaches involving interactions over the Internet. According to jurisdiction approach test, the U.S. employs sliding scale, effects and targeting test in electronic commerce. In recent many research views the targeting test as a global standard for determining international electronic commerce jurisdiction. However, there is still no clear indication of conclusive test of jurisdiction determination for electronic commerce. Therefore, it is a changing and process of jurisdiction test in the U.S. cases. In Korea, there is jurisdiction related clause in Private International Law, but it may be asked whether applicable in electronic commerce. Accordingly, analysis of the precedents changing related to electronic commerce jurisdiction of U.s. is full of suggestions in Korean companies, consumers and helps an enactment of code of civil procedure that containing many group's demands.

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Study of Rainfall-Runoff Variation by Grid Size and Critical Area (격자크기와 임계면적에 따른 홍수유출특성 변화)

  • Ahn, Seung-Seop;Lee, Jeung-Seok;Jung, Do-Joon;Han, Ho-Chul
    • Journal of Environmental Science International
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    • v.16 no.4
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    • pp.523-532
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    • 2007
  • This study utilized the 1/25,000 topographic map of the upper area from the Geum-ho watermark located at the middle of Geum-ho river from the National Geographic Information Institute. For the analysis, first, the influence of the size of critical area to the hydro topographic factors was examined changing grid size to $10m{\times}10m,\;30m{\times}30m\;and\;50m{\times}50m$, and the critical area for the formation of a river to $0.01km^2{\sim}0.50km^2$. It is known from the examination result of watershed morphology according to the grid size that the smaller grid size, the better resolution and accuracy. And it is found, from the analysis result of the degree of the river according to the minimum critical area for each grid size, that the grid size does not affect on the degree of the river, and the number of rivers with 2nd and higher degree does not show remarkable difference while there is big difference in the number of 1st degree rivers. From the results above, it is thought that the critical area of $0.15km^2{\sim}0.20km^2$ is appropriate for formation of a river being irrelevant to the grid size in extraction of hydro topographic parameters that are used in the runoff analysis model using topographic maps. Therefore, the GIUH model applied analysis results by use of the river level difference law proposed in this study for the explanation on the outflow response-changing characters according to the decision of a critical value of a minimum level difference river, showed that, since an ogival occurrence time and an ogival flow volume are very significant in a flood occurrence in case of not undertow facilities, the researcher could obtain a good result for the forecast of river outflow when considering a convenient application of the model and an easy acquisition of data, so it's judged that this model is proper as an algorism for the decision of a critical value of a river basin.

A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.1
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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A Study on the Planning of Nationwide Indexing Services for Korea (전국색인지간행협동체제 편성방안에 관한 연구)

  • Choi Sung Jin
    • Journal of the Korean Society for Library and Information Science
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    • v.12
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    • pp.39-86
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    • 1985
  • The main purpose of the present study is to survey the major iudexing bulletins of national nature in Korea, to define such problem areas as lacunae, duplicates and limitation in coverage in the indexing services currently available in Korea, and to make some suggestions for action for improving the existing indexing services in the light of general principles and the tradition and constraints unique to Korea. The major findings and conclusions reached at this study are summarised as follows: (A) A new indexing bulletin of general nature covering the entire field needs to be created in each of the following fields without an established indexing service available for the outcome of research and development activities in Korea. (1) Philosophy (2) Religion (3) Pure sciences (4) Art (5) Language (6) Literature (7) History (B) A new specialised indexing bulletin needs to be created in each of the following fields where indexing services are heavily utilised but no, or only partial, indexing service is available. (1) Social sciences (a) Statistics (b) Sociology (c) Folklore (d) Military science (2) Pure sciences (a) Mathematics (b) Physics (c) Chemistry (d) Astronomy (e) Geology (f) Mineralogy (g) Life sciences (h) Botany (i) Zoology (3) Applied sciences (a) Medicine (b) Agriculture (c) Civil engineering (d) Architectural engineering (e) Mechanical engineering (f) Electrical engineering (g) Chemical engineering (h) Domestic science (C) Publication of the indexing bulletins suggested in A and B above may be ideally carried on by a qualified and dependable learned society established in the respective fields and designated by the Minister of Education, and should be financially supported from the public fund under the provisions of Art. 27 of the Scientific Research Promotion Act of 1979. (D) The coverage and contents of the four indexing bulletins in the field of banking and financing published by the Library of the Bank of Korea are similar and considerably duplicated. It is, therefore, suggested that the four indexing bulletins are combined in one to form a more comprehensive and efficient bibliographical tool in the field and it is further developed into a general guide to the literature produced in the entire field of economics in Korea by gradually expanding its subject coverage. (E) For the similar reasons stated in D, the Index to the Articles on North Korea and the Catalogue of Theses on North Korea, both publisheds by the Ministry of Unification Library, are suggested to make into one. The Index to the Articles of the Selected North Korean Journals and the Index to the Articles of the North Korean Journals in Microfilm Housed in the Ministry of Unification Library, both published by the same Library, are also suggested to be combined in one. (F) The contents of the Catalogue of the Reports Submitted by Government Officials Who Have Travelled Abroad, published by the National Archives are included in the Index to the Information Materials Related to Government Administration, published by the National Archives. The publication of the former is hardly justified. (G) The contents of the Index to Legal Literature published by the Seoul National University Libraries and those of the Law Section of the Index to Scholastic Works published by the National Central Library are nearly identical. One of the two indexes should cease to be published. (H) Though five indexes are being published in the field of political science and four in the field of public administration, their subject coverage is limited. Naturally, these indexes are little usable to many other researchers in the two fields. A comprehensive index covering all the specialised areas in each field needs to be developed on one or all the existing indexes. (I) It is suggested that the Catalogue of the Scholastic Works on Curricula published by the National Central Library expands its subject coverage to become a more usable and effective index to all the researchers in the field of education. (J) The bimonthly Index to Periodical Articles and the specialised index by subject series published by the National Assembly Library, and the Index to Scholastic Works published by the National Central Library are expected to increase their coverage and frequency of publication to be used more effectively and more efficiently by all users in all fields till the indexing bulletins suggested in this study will fully be available in Korea.

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Analysis of Kap-Chon's Water Level by the Waterside Planting (수변 식재에 따른 갑천의 수위 분석)

  • Woo, Won-Jae;Chung, Dong-Yang
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.1 no.1
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    • pp.3-17
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    • 1998
  • The purposes of this study is to investigate the possibility of planting trees at space land in the riverside. The space land is for the green space. Calculating the plantable space in the representation section and the flood flowing stability of the existing banks based on the hydrological and meteorological data of the Kap-Chon riverbasin located in Tae-jon, the following results are drawn. (1) The flood discharges in each flow section are $698.7m^3/s$ in section 1, $654.6m^3/s$ in section 2, and $1353.3m^3/s$ in section 3 during 100 years recurrence interval. Because the designed-flood discharges in those sections are $1719.9m^3/s$, $2119.7m^3/s$, and $1512.8m^3/s$ respectively, safety for flood flowing is sufficient in existing banks. (2) The possible clearance for planting trees is 1.80m in section 1, 3.90m in section 2, and 0.01m in section 3. Planting clearance is enough in section 1 and 2. However, planting should be planned after estimating a rise-height due to the bridge piers, because many piers under riverine-highway are now on the construction in section 2. The section 3 does not have sufficient clearance for planting trees, but the planting is possible after getting enough flow area with slope by cutting the terrace land on the river artificially heightened. (3) In case of planting a tree 70cm diameter in $1m^2$ in section 1, the water level increases by 0.60m. Planting a tree in a $48m^2$ area increases the water level by 0.90m. Considering that plantable clearance is 1.8m in section 1, it is sufficient to flow safely. But if the trees are planted so compactly from the upper stream, expected heavy resistance is expected due to caught materials on the trees. So, trees have to be planted widely in upper streams but compactedly in lower streams. (4) The river width without changing, Kap-Chon's flow channel can be snaked in accordance with the nature law the wide terrace land in the riverside. Decreased flow area due to planting trees will be compensated by the inclination of terrace land. And, it is theoretically proved that the flood discharge is safe even though the terrace land on the river is parked similar to the nature. Planting trees in the terrace land of the Kap-chon river to the extent that flood flowing is not adversely affected, we can get the enjoyable park to citizens not spending expensive cost. It also contributes to the recovery of ecosystem, which gives the natural beauty of river and shade to citizens and becomes good natural-educational places for children.

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A Study on the Confucian Natural Legal Ideology Embodied in the Korean Constitution (유가(儒家) 자연법사상의 헌법상 전승)

  • Moon, Hyo-Nam
    • The Journal of Korean Philosophical History
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    • no.56
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    • pp.47-80
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    • 2018
  • The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

Study on Causes and Countermeasures for the Mass Death of Fish in Reservoirs in Andong-si (안동시 저수지에서의 대량 어류 폐사에 대한 원인과 대책에 관한 연구)

  • Su Ho Bae;Sun Jin Hwang;Youn Jung Kim;Cheol Ho Jeong;Seong Yun Kim;Keon Sang Ryoo
    • Korean Journal of Environmental Agriculture
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    • v.42 no.1
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    • pp.52-62
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    • 2023
  • This study focused on determining the specific causes and prevention methods of mass fish deaths occurred in five reservoirs (Gagugi, Neupgokgi, Danggokgi, Sagokji, and Hangokji) in Andong-si. For this purpose, a survey of agricultural land and livestock in the upper part of the reservoirs and analysis of water quality in the reservoir irrespective of whether it rains or not were conducted. We attempted to examine the changes in dissolved oxygen (DO) in the surface and bottom layers of reservoirs and changes in DO depending on the amount of livestock compost and time. Based on the above investigations, treatment plans were established to efficiently control the inflow of contaminated water into reservoirs. The rainfall and farmland areas in the upper part of the reservoir were investigated using Google and aviation data provided by the Ministry of Land, Infrastructure, and Transport. The current status of livestock farms distributed around the reservoirs was also examined because compost from these farms can flow into the reservoir when it rains. Various water quality parameters, such as phosphate phosphorus (PO4-P) and ammonium nitrogen (NH3-N), were analyzed and compared for each reservoir during the rainy season. Changes in the DO concentration and electrical conductivity (EC) were also observed at the inlet of the reservoir during raining using an automated instrument. In addition, DO was measured until the concentration reached 0 ppm in 10 min by adding livestock compost at various concentrations (0.05%, 0.1%, 0.3%, and 0.5% by wt.), where the concentration of the livestock compost represents the relative weight of rainwater. The DO concentration in the surface layer of reservoirs was 3.7 to 5.3 ppm, which is sufficient for fish survival. However, the fish could not survive at the bottom layer with DO concentration of 0.0-2.1 ppm. When the livestock compost was 0.3%, DO required 10-19 h to reach 0 ppm. Considering these results, it was confirmed that the DO in the bottom layer of the reservoir could easily change to an anaerobic state within 24 h when the livestock compost in the rainwater exceeds 0.3%. The results show that the direct cause of fish mortality is the inflow of excessive livestock compost into reservoirs during the first rainfall in spring. All the surveyed reservoirs had relatively good topographical features for the inflow of compost generated from livestock farms. This keeps the bottom layer of the reservoir free of oxygen. Therefore, to prevent fish death due to insufficient DO in the reservoir, measures should be undertaken to limit the amount of livestock compost flowing into the reservoir within 0.3%, which has been experimentally determined. As a basic countermeasure, minerals such as limestone, dolomite, and magnesia containing calcium and magnesium should be added to the compost of livestock farms around the reservoir. These minerals have excellent pollutant removal capabilities when sprayed onto the compost. In addition, measures should be taken to prevent fish death according to the characteristics of each reservoir.

Global Cosmetics Trends and Cosmceuticals for 21st Century Asia (화장품의 세계적인 개발동향과 21세기 아시아인을 위한 기능성 화장품)

  • T.Joseph Lin
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.23 no.1
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    • pp.5-20
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    • 1997
  • War and poverty depress the consumption of cosmetics, while peace and prosperity encourage their proliferation. With the end of World War II, the US, Europe and Japan witnessed rapid growth of their cosmetic industries. The ending of the Cold War has stimulated the growth of the industry in Eastern Europe. Improved economies, and mass communication are also responsible for the fast growth of the cosmetic industries in many Asian nations. The rapid development of the cosmetic industry in mainland China over the past decade proves that changing economies and political climates can deeply affect the health of our business. In addition to war, economy, political climate and mass communication, factors such as lifestyle, religion, morality and value concepts, can also affect the growth of our industry. Cosmetics are the product of the society. As society and the needs of its people change, cosmetics also evolve with respect to their contents, packaging, distribution, marketing concepts, and emphasis. In many ways, cosmetics mirror our society, reflecting social changes. Until the early 70's, cosmetics in the US were primarily developed for white women. The civil rights movement of the 60's gave birth to ethnic cosmetics, and products designed for African-Americans became popular in the 70's and 80's. The consumerism of the 70's led the FDA to tighten cosmetic regulations, forcing manufacturers to disclose ingredients on their labels. The result was the spread of safety-oriented, "hypoallergenic" cosmetics and more selective use of ingredients. The new ingredient labeling law in Europe is also likely to affect the manner in which development chemists choose ingredients for new products. Environmental pollution, too, can affect cosmetics trends. For example, the concern over ozone depletion in the stratosphere has promoted the consumption of suncare products. Similarly, the popularity of natural cosmetic ingredients, the search of non-animal testing methods, and ecology-conscious cosmetic packaging seen in recent years all reflect the profound influences of our changing world. In the 1980's, a class of efficacy-oriented skin-care products, which the New York Times dubbed "serious" cosmetics, emerged in the US. "Cosmeceuticals" refer to hybrids of cosmetics and pharmaceuticals which have gained importance in the US in the 90's and are quickly spreading world-wide. In spite of regulatory problems, consumer demand and new technologies continue to encourage their development. New classes of cosmeceuticals are emerging to meet the demands of increasingly affluent Asian consumers as we enter the 21st century. as we enter the 21st century.

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