• Title/Summary/Keyword: Grounds for Challenge

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The Future Tasks for Reorganization of International Fisheries Order between Korea, China and Japan in Northeast Asian Seas (동북아 수역의 신 어업질서 성립과 향후 과제)

  • Kim, Dae Young
    • Ocean policy research
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    • v.33 no.2
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    • pp.57-82
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    • 2018
  • This study aimed to review the reorganization of fisheries and the future tasks in accordance with the establishment of new fishery order in the Northeast Asian Seas. As the United Nations Convention on the Law of the Sea, which recognized the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ), entered into force in 1994, the three countries of Korea, China and Japan ratified the United Nations Convention on the Law of the Sea in 1996 and started negotiations to establish a new fishery order consistent with the EEZ system. However, a conflict of interest occurred because of differences in fisheries between countries, negotiations many times have proceeded, resulting in the signing of fishery agreement between China and Japan in 1997, Korea and Japan in 1998, and Korea and China in 2000. Each fishery arrangement consists of a dual system of EEZ and provisional waters (middle waters, provisional waters). The two countries are engaged in mutual fishing based on coastal states in EEZ, and in the fishing operation under the principle of flag state in provisional waters. There are overlapping or ambiguous jurisdictions in the intermediate waters and provisional waters that are jointly available to both fisheries. The presence of these seas is a challenge to the establishment of a reasonable international fisheries management system for the entire Northeast Asian Seas. In this context, the challenges of the reorganization of the new fisheries order are as follows: 1) conversion to a fishery order for coexistence of fisheries, 2) expansion to an international fishery management system, and 3) establishment of a multilateral fishery cooperation system. Although the jurisdiction of their own waters has been expanded through the establishment of EEZ according to new fishery order, the need for mutual cooperation grows when considering the movement and migration of fishery resources, fishery management, fish consumption and trade. In addition to the fisheries cooperation between the governments, it is also necessary to revitalize the civil cooperation focused on fishermen who exploit fishing grounds together.

Comparative Study on the Structural and Thermodynamic Features of Amyloid-Beta Protein 40 and 42

  • Lim, Sulgi;Ham, Sihyun
    • Proceeding of EDISON Challenge
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    • 2014.03a
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    • pp.237-249
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    • 2014
  • Deposition of amyloid-${\beta}$ ($A{\beta}$) proteins is the conventional pathological hallmark of Alzheimer's disease (AD). The $A{\beta}$ protein formed from the amyloid precursor protein is predominated by the 40 residue protein ($A{\beta}40$) and by the 42 residue protein ($A{\beta}42$). While $A{\beta}40$ and $A{\beta}42$ differ in only two amino acid residues at the C-terminal end, $A{\beta}42$ is much more prone to aggregate and exhibits more neurotoxicity than $A{\beta}40$. Here, we investigate the molecular origin of the difference in the aggregation propensity of these two proteins by performing fully atomistic, explicit-water molecular dynamics simulations. Then, it is followed by the solvation thermodynamic analysis based on the integral-equation theory of liquids. We find that $A{\beta}42$ displays higher tendency to adopt ${\beta}$-sheet conformations than $A{\beta}40$, which would consequently facilitate the conversion to the ${\beta}$-sheet rich fibril structure. Furthermore, the solvation thermodynamic analysis on the simulated protein conformations indicates that $A{\beta}42$ is more hydrophobic than $A{\beta}40$, implying that the surrounding water imparts a larger thermodynamic driving force for the self-assembly of $A{\beta}42$. Taken together, our results provide structural and thermodynamic grounds on why $A{\beta}42$ is more aggregation-prone than $A{\beta}40$ in aqueous environments.

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Directions to Fisheries Education for Achieving UN Sustainable Development Goals (SDGs) (유엔 지속가능발전 목표(SDG)를 위한 수산교육 방향)

  • KANG, Beodeul;ZHANG, Chang Ik
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.2
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    • pp.453-465
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    • 2017
  • UN adopted the 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs) in 2015, a set of 17 objectives with 169 targets expected to guide actions over the next 15 years (2016-2030). One goal expressly focuses on the oceans, that is, SDG 14 'Conserve and sustainably use the oceans, seas and marine resources for sustainable development'. More than 30% of fish stocks worldwide were classified by FAO(2016) as overfished. Globally, world capture fisheries are near the ocean's productive capacity with catches on the order of 80 million metric tons. Aquaculture production is increasing rapidly and is expected to continue to increase, but aquaculture encounters some environmental challenges, including potential pollution, competition with wild fishery resources, potential contamination of gene pools, disease problems, and loss of habitat. Accordingly, there have been a variety of world organization and conferences stressing the importance of the implementation of the ecosystem-based fisheries management(EBFM) to overcome these problems. Annual catch of Korean fisheries have shown continuously declining patterns since late 1990s. Most fish stocks are currently known to be over-exploited, and some stocks are depleted due to the increase in fishing intensity and over-capitalization of fishing fleets. Other reasons for the depletion are land reclamations and coastal pollution, which destroy spawning and nursery grounds along the coastal regions. Aquaculture production is also increasing rapidly in Korea. However, several important issues such as gene pool and interaction with capture fisheries should be considered. The EBFM approach should use the best available information coupled with a reasonable application of the precautionary approach. The EBFM has global relevance, and so the real challenge will be to develop and use reliable, robust and cost-effective means of assessing and monitoring the status of ecosystems and their resources, and rapid means of detecting any undesirable and excessive impacts that threaten sustainable use. Future fisheries education should take into account UN's SDGs, which were adopted to achieve the global 2030 agenda. However, there are some difficulties in the current fisheries education system in Korea. First, the current education organizations are limited within the old frame of traditional fisheries sciences. Second, the fisheries education is currently lack of the future-oriented education system and of customized schools or departments. Third, the on-going fisheries education has been based upon few educational policies which are sufficiently relevant to holistic SDGs of the global standard. Accordingly, directions to modern fisheries education for achieving SDGs would be, first, the transition of fisheries education structure into the future-oriented and customized education system. Second, fisheries education needs to shift to the new paradigm, which combines traditional fisheries science education with related fields such as oceanography and environmental sciences to adopt the concept of EBFM. Lastly, fisheries education should accompany relevant policies for effectively achieving SDGs.

An Arbitrator's Duty of Disclosure and Reasonable Investigation: A Case Comment on the Supreme Court of Japan's Decision on December 12, 2017, 2016 (Kyo) 43 (중재인의 고지의무와 합리적 조사의무 - 일본 최고재판소 2017년 12월 12일 결정을 중심으로 -)

  • Kim, Young-Ju
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.217-248
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    • 2018
  • This paper reviews the Supreme Court of Japan in Decision of December 12, 2017, 2016 (Kyo) 43 (2011) concerning arbitrator's duty of disclosure and reasonable investigation under the Japan Arbitration Act (Arbitration Act). The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Arbitration Act. Under Article 18(4) of the Arbitration Act, arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. The Supreme Court held that Article 18(4) of the Arbitration Act - requiring arbitrators to disclose all "facts likely to give rise to doubts as to his/her impartiality or independence" - (1) is not satisfied by blanket disclosures or advance waivers of potential future conflicts, and (2) requires disclosure of facts both known to an arbitrator or "that can be normally ascertained by an investigation that is reasonably possible${\cdots}$" This new standard presents opportunities and challenges for enforcing arbitration awards in Japan, and suggests measures that both arbitrators and parties can use to protect their awards. Also, the Supreme Court's new standards for evaluating arbitrator conflict disclosures suggest some measures that both arbitrators and parties to arbitration in Japan can take to protect the enforceability of their awards. The key factual question posed by the Supreme Court's ruling was whether an arbitrator's conflicts check was reasonable. Maintaining records regarding a review of potential conflicts or any investigation provides a ready source of proof in case of a future challenge. The Supreme Court has spoken clearly that so-called advance waivers of potential conflicts are not effective under Japanese law. Instead, to the extent that potential conflicts arise during the course of arbitration, they should be specifically disclosed.

Documents of Air Carriage (항공운송증권(航空運送證卷))

  • Choi, June-sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.7
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    • pp.101-134
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    • 1995
  • Article 3 Paragraph 1 of the Warsaw Convention regulates the requirements of passenger tickets, Article 4 Paragraph 3, the requirements of baggage tickets, Article 8, the requirements of airway bills. In this article the writer has discussed the legal nature of the documents of air carriage, such as air waybills, passenger tickets and baggage checks. Further, the writer has also discussed several issues relating to the use of the documents of air carriage under the Warsaw Convention. Article 3 Paragraph 2, as well as Article 4 Paragraph 4 and 9 provides that the carrier shall not be entitled to avail himself of the provisions of the Convention which evade or limit his liability. In particular, the Montreal Agreement of 1966 provides that the notification on the carrier's liability in passenger ticket should be printed in more than 10 point type size with contrasting ink colors. However, another question is whether the carrier shall not be entitled to avail himself of the liability limit under the Convention in case the type size is below 10 points. The Convention does not specify the type size of certain parts in passenger tickets and only provides that the carrier shall not be entitled to avail himself of liability limit, when a carrier fails to deliver the ticket to passenger. However, since the delivery of passenger tickets is to provide an opportunity for passengers to recognize the liability limit under the Convention and to map out a subsequent measures, the carrier who fails to give this opportunity shall not be entitled to avail himself of the liability limit under the Convention. But some decisions argue that when the notice on the carrier's liability limit is presented in a fine print in a hardly noticeable place, the carrier shall not be entitled to avail himself under the Convention. Meanwhile, most decisions declare that regardless of the type size, the carrier is entitled to avail himself of liability limit of the provisions of the Convention. The reason is that neither the Warsaw Convention nor the Montreal Agreement stipulate that the carrier is deprived from the right to avail himself of liability limit of the provisions of the Convention when violating the notice requirement. In particular, the main objective of the Montreal Agreement is not on the notice of liability limit but on the increase of it. The latest decisons also maintain the same view. This issue seems to have beeen settled on the occasion of Elisa Chan, et al. vs. Korean Airlines Ltd. The U.S. Supreme Court held that the type size of passenger ticket can not be a target of controversy since it is not required by law, after a cautious interpretation of the Warsaw Convention and the Montreal Agreement highlighting the fact that no grounds for that are found both in the Warsaw Convention and the Montreal Agreement. Now the issue of type size can hardly become any grounds for the carrier not to exclude himself from the liability limit. In this regard, any challenge to raise issue on type size seems to be defeated. The same issue can be raised in both airway bills and baggage tickets. But this argument can be raised only to the tranportation where the original Convention is applied. This creates no problem under the Convention revised by the Hague Protocol, because the Hague Protocol does not require any information on weight, bulk, size, and number of cargo or baggage. The problem here is whether the carrier is entitled to avail himself of the liability limit of the provisions of the Convention when no information on number or weight of the consigned packages is available in accordance with Article 4 of the Convention. Currently the majority of decisions show positive stance on this. The carrier is entitled to avail himself of the liability limit of the provisions of the Convention when the requirement of information on number and weight of consigned packages is skipped, because these requirements are too technical and insubstancial. However some decisions declare just the opposite. They hold that the provisions of the Convention Article 4 is clear, and their meaning and effect should be imposed on it literally and that it is neither unjust nor too technical for a carrier to meet the minimum requirement prescribed in the Convention. Up to now, no decisions by the U.S. Supreme Court on this issue is available.

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The Anticommons: BRCA Gene Patenting Controversy in the United States (유전자와 생명의 사유화, 그리고 반공유재의 비극: 미국의 BRCA 인간유전자 특허 논쟁)

  • Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.12 no.1
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    • pp.1-43
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    • 2012
  • This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

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Monitoring of the Source of Gelatin in Dietary Supplement Capsules Sold on the Internet

  • Kang, Tae Sun;Kim, Mi-Ra;Hong, Yewon;Lee, Jae-Hwang;Kwon, Kisung
    • Journal of Food Hygiene and Safety
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    • v.32 no.4
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    • pp.254-261
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    • 2017
  • Determining the origin of the components in commercially available gelatin, a purified protein derived mostly from pig skin and bovine tissue, is a challenge, leading to concerns on the grounds of religious beliefs and health. Therefore, regular monitoring of labeling compliance by food control authorities is also necessary. In this study, we monitored the origin of gelatin capsules from 181 commercial dietary supplements that were available for purchase on the internet, using species-specific PCR assays. Fifty five products were labeled correctly, declaring that they used bovine-, fish- and plant-derived gelatin, whereas the other 126 capsules were labeled "gelatin" without specifying the origin. Gelatin in these capsules was obtained from cattle (n = 51), pigs (n = 31), or both (n = 44). Therefore, it is important to declare all of the raw materials used to produce gelatin capsules on the labels to best protect consumers' rights, religious beliefs, and health.

An Exploratory Study on the Success Factors of Silicon Valley Platform Business Ecosystem: Focusing on IPA Analysis and Qualitative Analysis (실리콘밸리 플랫폼 기업생태계의 성공요인에 관한 탐색적 연구: IPA 분석과 질적 분석을 중심으로)

  • Yeonsung, Jung;Seong Ho, Lee
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.18 no.1
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    • pp.203-223
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    • 2023
  • Recently, the platform industry is rapidly growing in the global market, and competition is intensifying at the same time. Therefore, in order for domestic platform companies to have global competitiveness in the platform market, it is necessary to study the platform business ecosystem and success factors. However, most of the recent platform-related studies have been theoretical studies on the characteristics of platform business status analysis, platform economy, and indirect network externalities of platforms. Therefore, this study comprehensively analyzed the success factors of Silicon Valley's business ecosystem proposed in previous studies, and at the same time analyzed the success factors extracted from stakeholders in the actual Silicon Valley platform business ecosystem. And based on these factors, an IPA analysis was conducted as a way to propose a success plan to stakeholders in the platform business ecosystem. As a result of the analysis, among the success factors collected through previous studies, manpower, capital, and challenge culture were identified as factors that are relatively well maintained in both importance and satisfaction in Silicon Valley. In the end, it can be seen that the creation of an environment and culture in which Silicon Valley can use it to challenge itself based on excellent human resources and abundant capital contributes the most to the success of Silicon Valley's platform business. On the other hand, although it is of high importance to Silicon Valley's platform corporate ecosystem, the factors that show relatively low satisfaction among stakeholders are 'learning and benchmarking among active companies' and 'strong ties and cooperation between members', and it is analyzed that interest and effort are needed to strengthen these factors in the future. Finally, the systems and policies necessary for market autonomous competition, 'business support service industry', 'name value', and 'spin-off start-up' were important factors in literature research, but the importance and satisfaction of these factors were lowered due to changes in the times and environment. This study has academic implications in that it comprehensively analyzes the success factors of Silicon Valley's business ecosystem proposed in previous studies, and at the same time analyzes the success factors extracted from stakeholders in the actual Silicon Valley platform business ecosystem. In addition, there is another academic implications that importance and satisfaction were simultaneously examined through IPA analysis based on these various extracted factors. As for academic implications, it is meaningful in that it contributed to the formation of the domestic platform ecosystem by providing the government and companies with concrete information on the success factors of the platform business ecosystem and the theoretical grounds for the growth of domestic platform businesses.

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Exploring the Ways to Use Maker Education in School (학교 교육 활용을 위한 메이커 교육 구성 요소 탐색)

  • Kwon, Yoojin;Lee, Youngtae;Lim, Yunjin;Park, Youngsu;Lee, Eunkyung;Park, Seongseog
    • Journal of Korean Home Economics Education Association
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    • v.32 no.4
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    • pp.19-30
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    • 2020
  • Maker education started on the basis of the maker movement in which makers gathered in makerspace share their activities and experiences, and the educational value pursued in maker education is based on the constructivist paradigm. The purpose of this study is to present maker education components to be used in school education, focus on the characteristics and educational values of maker education, and explore ways to use them. To this end, this study explored the theoretical grounds to re-conceptualize maker education, drew statements based on in-depth interview data of teachers conducting maker education classes, and reviewed its validity through experts. Based on these statements, by deriving the components for the use of maker education, the direction of maker education in school education was set, and an example framework that could be used in subject class and creative experiential learning was proposed. Research shows that in maker education, makers cooperate to carry out activities, share ideas with others and try to improve them, and include self-direction such as learning, tinkering, design thinking, sharing and reflection. can see. In addition, maker education emphasizes experiential learning that can solve real problems that students face, rather than confining specific activities to student choices as needed. It emphasizes the learner's course of action rather than the outcome of the activity, tolerates the learner's failure, and emphasizes the role of the teacher as a facilitator to promote re-challenge. In the future, it can be used in various ways in each subject (curriculum expert, teaching/learning expert, elementary and middle school teachers, parents, local educators, etc.) and school activities, and it will contribute to setting future research directions as a basic research for school maker education.