• Title/Summary/Keyword: Safety Law

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Estimation of the Impact of the Inclusion of Sharks in the Appendices of the 'Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)' on Korean Fisheries and Recommendations of the Domestic Measures on the Trade of the Listed Shark Species ('멸종위기에 처한 야생 동식물의 국제거래에 관한 협약'의 상어류 등재가 한국 수산업에 끼칠 영향과 대응 전략)

  • Sohn, Hawsun;An, Du Hae;Kim, Doo Nam;Lee, Sung Il;Park, Kyum Joon
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.6
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    • pp.1278-1295
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    • 2014
  • The Sixteenth Meeting of the Conferences of Parties of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which was held in March 2013 in Bangkok, Thailand, listed five shark species and one genus, and uplisted one sawfish species. All new species listings will be come into force of the eighteen months delay, on the fourteenth of September, 2014. The purpose of the delay is to support the preparation of the domestic measures on shark trade by the parties, as there has been no previous experience in trading the commercially exploited aquatic species in the CITES. The CITES Secretary-General has visited several potential shark trade countries to encourage and facilitate the implementation of the new CITES listings. The newly listed sharks have been caught as a target or non-target species by Korean distant water fisheries and introduced into Korea. So the establishment or change of the domestic laws, regulations, and measures for the implementation of the new CITES species must be prepared before the effective entry date. This paper is prepared to assess the effects of the trade of the CITES listed shark species, and to suggest effective government service measures for the management of Korean distant water fisheries. The Ministry of Environment (MOE) is the general Management Authority of the CITES, and the Ministry of Food and Drug Safety (MFDS) is in charge of the medical trade of CITES listed species in Korea. By law, all imported medicines and medical materials must be inspected by the MFDS during the customs examination; this kind of authority sharing is reasonable and effective way of providing government service. Similarly, the designation of new CITES Management Authority for the trade of commercially exploited aquatic CITES species is critical and the Ministry of Oceans and Fisheries (MOF), which is now in charge of the trade of fisheries products, is the most appropriate governing body for this purpose in Korea. The revision of the National Plan of Action for Conservation and Management of Sharks, initially submitted to the Food and Agriculture Organization (FAO) of the United Nations in 2011 as a practical guideline for shark conservation in all Korean fisheries, could be a effective measure to achieve unification of conservation of endangered species and sustainable use of fisheries stocks. The proper CITES measures for the trade of listed species, such as the establishment of the documenting system for Non-detriment Findings, domestic measures suitable for the "Introduction from the Sea" clause, species specific Harmonized System Codes for the customs service, and an effective shark catch data reporting system should be in place prior to the fourteenth of September 2014.

Analysis of the Necessity of Medical Records Related to Radiological Examination (방사선검사의 의무기록에 관한 요구도 분석)

  • Hong, Dong-Hee;Lim, Cheong-Hwan;Lim, Woo-Taek;Joo, Young-Cheol;Jung, Hong-Ryang;Kim, Eun-Hye;Yoon, Yong-Su;Jung, Young-Jin;Choi, Ji-Won;Jeong, Sung-Hun;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.513-523
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    • 2021
  • The purpose of this study was to discuss the required items and feasibility of medical records of radiological examinations performed by radiological technologists at medical institutions. An online survey was conducted to a total of 10,000 radiation-related workers, of which 1,026 (10.3%) responded. As a research method, self-made questionnaires were used. The online survey was conducted from September 10 to September 20, 2021 for the survey period. For response data, a Chi-square test was performed according to demographic characteristics using SPSS 27.0 version (IBM Inc., Chicago, Ill, USA), and it was judged to be significant when the P value was less than 0.05. The reliability of the questionnaire response was found to be Chronbach α=0.933. More than 90% of the medical records related to radiological examinations are necessary, and they answered that a curriculum, remuneration curriculum, and legal system for medical records should be prepared. More than 90% of the respondents agreed with the proposal of the Radiological Technologist Independent Act for legal preparation, and most of the information required for medical records is currently recorded in DICOM images. According to the demographic characteristics, the medical record requirement for radiological examination, curriculum, continuing education, and legislation were found to be higher with higher education and higher with longer working experience. In addition, most of the radiology departments showed a high demand for medical records, so most of them responded positively to the medical records requirements for radiological examinations. This study analyzed the medical record requirements for radiological examinations, and as shown in the results, medical record requirements for radiological examinations was found that most radiological technologists felt need for the new law and supported it. In addition, if the information recorded in the DICOM image is used, it is considered that medical records could be easily prepared without additional work by the radiological technologists.

Cause Analysis and Improvement Suggestion for Flood Accident in Dorimcheon - Focused on the Tripping and Isolation Accidents (도림천에서 발생한 고립 및 실족사고의 원인분석을 통한 개선방안 도출에 관한 연구)

  • Lee, Kyung-Su;Jeon, Jong-Hyeong;Kim, Tai-Hoon;Kim, Hyunju
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.22 no.4
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    • pp.25-36
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    • 2021
  • This study analyzed the causes of flood accidents, such as isolation and lost footing accidents in Dorimcheon, to provide legal and institutional improvements. For cause analysis, Field Investigation, Stakeholder Interview, Report, manual, Law et al. Review, Analysis of water level change characteristics, automatic alarm issuance standard level analysis, and evacuation time according to river control were evaluated. Dorimcheon has the characteristics of a typical urban river, which is disadvantageous in terms of water control. In addition, the risk of flood accidents is high because the section where fatal accidents occur forms sharply curved channels. Tripping and isolation accidents occur in the floodplain watch and evacuation stage, which is the stage before the flood watch and warning is issued. Because floodplain evacuation is issued only when the water level rises to the floodplain, an immediate response according to the rainfall forecast is essential. Furthermore, considering that the rate of water level rise is up to 2.62 cm/min in Sillimgyo 3 and Gwanakdorimgyo, sufficient evacuation time is not secured after the floodplain watch is issued. Considering that fatal accidents occurred 0.46 m below the standard water level for the flood watch, complete control is very important, such as blocking the entry of rivers to prevent accidents. Based on these results, four improvement measures were suggested, and it is expected to contribute to the prevention of Tripping and Isolation Accidents occurring in rivers.

A Scientific Critique of a Korean Court's Acquittal for Involuntary Manslaughter Related to 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT), a Humidifier Disinfectant (HD) Part I: Material safety, exposure and delivery to target organ from an HD perspective (CMIT/MIT 함유 가습기 살균제 제품의 제조 및 판매기업 형사판결 1심 재판 판결문에 대한 과학적 고찰 (I) - 제품 위험성과 노출평가 측면에서)

  • Park, Dong-Uk;Zoh, Kyung Ehi;Kim, Jiwon;Choi, Sangjun;Kwon, Jung-Hwan;Jun, Houngbae;Kim, Sungkyoon
    • Journal of Environmental Health Sciences
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    • v.47 no.2
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    • pp.111-122
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    • 2021
  • Objectives: There was a judgment of acquittal for the manufacturer SK Chemical and the vendor Aekyung regarding humidifier disinfectant (HD) containing 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT). The rationale used in this judgement is discussed here in the light of scientific consideration. Methods: The sentencing document for the judgements was obtained from the Korea Supreme Court Service. In particular, the judgements made by the court related to the risk of HD and external and internal exposure to CMIT/MIT are discussed based on scientific evidence. Results: Rendering a determination in a criminal trial of insufficient evidence of causation, the court dismissed the prosecution's motion that humidifier disinfectant-associated lung injuries (HDLI) and asthma were associated with the utilization of these products. However, CMIT/MIT, a strong sensitizing and corrosive substance, has been reported to be associated with brain toxicity, allergic contact dermatitis, and asthma. Furthermore, the judgment did not consider total consumption amounts or the cumulative dose of CMIT/MIT in the humidifier. Lastly, there are several cases supporting the fact that exposure to water-soluble substances including CMIT/MIT can cause lower respiratory tract diseases. In addition to cases of asthma among the workers exposed to CMIT/MIT, we identified lung injury victims who were exposed to HDs exclusively containing CMIT/MIT. Conclusions: We conclude that there is sufficient evidence supporting the assertion that HDs containing CMIT/MIT cause lung injuries, including asthma, contrary to the court's judgement.

A Study on the policy counterplan of Cross Border Financial Information Transfer according to FTA (FTA 체결에 따른 금융정보 국외이전에 대한 정책적 대응방향 연구)

  • Lee, Jung-Hun;Park, Seok-Hoon;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.21 no.3
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    • pp.117-130
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    • 2011
  • In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.

An Analysis of Legal System for Strengthening Actions against Operating Vessels Under the Influence of Alcohol at Sea (해상에서의 선박 음주운항 단속 강화를 위한 법 제도 분석)

  • HAN, Jae-Jin;Jeong, Bong-Hun;Gug, Seung-Gi;Yun, June-Ho
    • Journal of Navigation and Port Research
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    • v.45 no.1
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    • pp.33-41
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    • 2021
  • In the last 5 years, a total of 567 accidents of operating vessels occurred under the influence of alcohol at sea, most of which occurred in fishing boats. Accidents caused by operating vessels under the influence of alcohol at sea are causing human and physical damages. There were 69 accidents caused by operating vessels under the influence of alcohol, leading to five deaths and one missing. The social damage due to operating vessels under the influence of alcohol is also increasing. Under the current law, punishment is given lightly compared to the seriousness of violation. In order to prevent the recurrence of accidents caused by operating vessels under the influence of alcohol, cases in Korea need to be analyzed. Regulations on the crackdown in foreign countries were compared to those in Korea and reviewed. In addition, risks of operating vessels under the influence of alcohol should be provided to ship workers while improving related laws and systems. In addition, efforts should be made to reduce the number of accidents due to operating vessels under the influence of alcohol by strengthening crackdowns on ships at sea so that accidents caused by operating vessels under the influence of alcohol could be prevented in advance in the future.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

A Study on the Software Supply Chain Security Policy for the Strengthening of Cybersecurity: Based on SBOM Policy Cases (사이버안보 강화를 위한 소프트웨어 공급망 보안 정책 연구: SBOM 정책 추진 사례를 중심으로)

  • Son, Hyo-Hyun;Kim, Dong-Hee;Kim, So-Jeong
    • Journal of Digital Convergence
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    • v.20 no.2
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    • pp.9-20
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    • 2022
  • Supply chain attacks target critical infrastructure, causing large amounts of damage and evolving into a threat to public safety and national security. Accordingly, when establishing cybersecurity strategies and policies, supply chain risk management is specified to enhance security, and the US Biden administration recently issued the Executive Order on Improving the Nation's Cybersecurity, SBOM was mentioned as part of the guidelines for strengthening software supply chain security. If the government mandates SBOM and uses it as a security verification tool for supply chains, it can be affected by the domestic procurement system in the future and can be referenced when establishing a security system for domestic supply chains according to the progress of policy implementation. Accordingly, in this paper, countries that are promoting the SBOM policy as a way to strengthen the security of the software supply chain were selected and analyzed with a focus on related cases. In addition, through comparison and analysis of foreign SBOM policy trends, methods for using domestic SBOM in terms of technology, policy, and law were considered. As the value of using SBOM as a supply chain integrity/transparency verification tool is expected in the future, it is necessary to continuously identify trends in the establishment of international standardization and policy development for SBOM and study the standard format.

Whose Science is More Scientific? The Role of Science in WTO Trade Disputes

  • Kim, Inkyoung;Brazil, Steve
    • Analyses & Alternatives
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    • v.2 no.1
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    • pp.31-69
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    • 2018
  • This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

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The monitoring of some heavy metals in oriental mineral medicines (광물성 생약 중 중금속의 모니터링)

  • Han, Eunjung;Chung, Jaeyeon;Park, Kyungsu;Kang, Inho;Kang, Sinjung;Kim, Yunje
    • Analytical Science and Technology
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    • v.21 no.6
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    • pp.480-486
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    • 2008
  • This paper reports on the monitoring results of some heavy metals (Pb, Cd, As and Hg) in oriental mineral medicines. Levels of Pb, Cd and As were determined using the acid digestion method and ICP-MS. Hg levels were determined using the gold amalgamation method and Automatic mercury analyzer (AMA). The results indicated that, in the case of Pb, 25.81% (24 cases) of the samples were over MRL (5 mg/kg). Pb levels in Calamina, Pumex, and Cinnabaris exceeded MRL (5 mg/kg). In the case of Cd, 9.68% (17cases) of the samples were over MRL (0.3 mg/kg). Cd levels in Calamina, Pumex and Cinnabaris were exceeded MRL (0.3 mg/kg). In case of As, 24.73% (23 cases) of samples exceeded MRL (3 mg/kg). As levels in Calamina, Lithargyrum, Vermilionum, Cinnabaris and Chalcocitum exceeded MRL (3 mg/kg). In the case of Hg, it was shown that the 76.34% (78 cases) of the samples exceeded MRL (0.2 mg/kg). Hg levels in almost all the samples exceeded MRL (0.2 mg/kg). These results led us to recommend that the domestic commercial law to be legislated to ensure the quality estimation and safety of oriental mineral medicines.