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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

A Study on the sources of Jang Hyeongwang's Theories of Li and Ch'i (장현광 성리설의 연원에 대한 고찰 - 나흠순 성리설과의 관련을 중심으로 -)

  • Kim, Yong-Hun
    • (The)Study of the Eastern Classic
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    • no.41
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    • pp.7-35
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    • 2010
  • Jang Hyungang(張顯光, 1554~1570) was one of the very famous Neo-Confucianists of T'oegye School in the Chosun dynasty. Jang, nevertheless, refused to accept Toegye's theory and had developed his own theory called li-qi-gyeong-wi-seol(理氣經緯說). So the theory was very unique in the history of Korean Neo-Confucianism. He matained that Tao(道), meaning the universal process which all beings including the human must follow, is accomplished by the unity of li(理, principle) and qi(ch'i, 氣, material force). He compared li and qi to warp(經) and woof(緯). According to his explanation, Tao is fulfilled by combining li and qi, as a textile is woven the combination of warps and woofs. He could, for I know, succeed to emphasize the unity of li and qii through this theory. Lots of Scholars in the Chosun dynasty criticized Jang's theory of li and qi for regarding li and qi as one, and thought that the theory originated from Luo Ch'inshun(羅欽順, 1465~1547), a famous Neo-Confucianist of in Early Ming China. Luo Ch'inshun maintained li-qi metaphysical monism that li and qi is united entity. In this respect, it seems that Jang's theory is similar to Luo's. However, I think that there are very important differences between the two. It is true that the main characteristics of Jang's theory is the unified relations between li and qi in this world. In the system of his philosophy, nevertheless, the topological position of li and qi are different in grade each other. Jang insisted that li is a supreme being to be materialized and realized through the movement of qi'in the process of universal development. Qi is accordingly only a kind of matter which completes li. In this sense, Jang's theory can be regarded as li metaphysical monism that li is the only substance. It means that Jang Hyeongwang's theory is a great contrast to Luo Ch'inshun's li-qi metaphysical monism.

Non-invasive Brain Stimulation and its Legal Regulation - Devices using Techniques of TMS and tDCS - (비침습적 뇌자극기술과 법적 규제 - TMS와 tDCS기술을 이용한 기기를 중심으로 -)

  • Choi, Min-Young
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.209-244
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    • 2020
  • TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

A Study of Masterplot of Disaster Narrative between Korea, the US and Japan (한·미·일 재난 서사의 마스터플롯 비교 연구)

  • Park, In-Seong
    • Journal of Popular Narrative
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    • v.26 no.2
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    • pp.39-85
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    • 2020
  • This paper examines the aspects of disaster narrative, which makes the most of the concept of 'masterplot' as a narrative simulation to solve problems. By analyzing and comparing the remnants of 'masterplots' operating in the disaster narratives of Korea, the United States, and Japan, the differences between each country and social community problem recognition and resolution will be discussed. Disaster narrative is the most suitable genre for applying the 'masterplot' toward community problem solving in today's global risk society, and the problem-solving method has cognitive differences for each community. First, in the case of American disaster narratives, civilian experts' response to natural disasters tracks the changes of heroes in today's 'Marvel Comic Universe' (MCU). Compared to the past, the close relationship between heroism and nationalism has been reduced, but the state remains functional even if it is bolstered by the heroes' voluntary cooperation and reflection ability. On the other hand, in Korea's disaster narratives, the disappearance of the country and paralysis of the function are foregrounded. In order to fill the void, a new family narrative occurs, consisting of a righteous army or people abandoned by the state. Korea's disaster narratives are sensitive to changes after the disaster, and the nation's recovery never returns to normal after the disaster. Finally, Japan's disaster narratives are defensive and neurotic. A fully state-led bureaucratic system depicts an obsessive nationalism that seeks to control all disasters, or even counteracts anti-heroic individuals who reject voluntary sacrifices and even abandon disaster conditions This paper was able to diagnose the impact and value of a 'masterplot' today by comparing a series of 'masterplots' and their variations and uses. In a time when the understanding and utilization of 'masterplots' are becoming more and more important in today's world where Over-the top(OTT) services are being provided worldwide, this paper attempt could be a fragmentary model for the distribution and sharing of global stories.

A Study on the Garden Culture and Ideology based on the Confucianism and Taoism of the Song Dynasty - Focused on Zhū Xī(朱熹) and Báiyùchán(白玉蟾) - (송대(宋代) 유가와 도교에 근거한 원림 문화와 사상 고찰 - 주희(朱熹)와 백옥섬(白玉蟾)을 중심으로 -)

  • Park So-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.1
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    • pp.10-20
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    • 2023
  • Zhū Xī, the representative of Confucianism, and Báiyùchán, the representative of Taoism in the South Song Dynasty, showed different sense of appreciation and enjoyment on the same space that was Mountain Wǔyí in their ideologically cultural ways. Based on the temples Wŭyíjīngshè(武夷精舍) where Zhū Xī stayed and Zhĭzhĭān(止止庵) where Báiyùchán resided, this study revealed their lives in such temples to look into their appreciation on ideology and space. Then, based on the words 'YiBoEumYeong [移步吟詠]' shown on the poetry they chanted in relation with Wǔyíjiǔqū from its 1st valley to its 9th valley, this study examines their understanding of scenery and system of appreciation that appeared in dynamic ways to conclude: First, even same scenery shows different understanding of scenery and appreciation of space in accordance with the viewers' thinking ways of culture. Second, as the Confucianism and Taoism influenced in ideologically cultural ways to develop each other in the Song dynasty, they absorbed their merits each other to supplement shortcomings in their own. In this process, they made it clear that their own propositions were different between them in their essential meanings although they used common terms for such propositions. Third, as the Confucian master who compiled the Neo-Confucianism of the South Song dynasty, Zhū Xī regarded Wŭyíjīngshè and Wǔyíjiǔqū as a place of learning and a place of seeking the truth to go for 'being unified with nature' so that everyday life can be united with Tao of Li [理] everywhere beyond the limited appreciation of the scenery. That is, this thought works for 'recovery of nature of our own [復其性]', the learning goal of Confucianism, and is aimed to 'cultivate the essential nature of our own(性情涵養)' through such beautiful nature. Fourth, as the master of Keumdan family of the South Song Taoism, Báiyùchán regarded Zhĭzhĭān and Wǔyíjiǔqū as a Taoist temple that has a long history rooting from Taesangwon temple, a clean place of discipline to become a Taoist hermit through hard training. He, therefore, directly referred to Zhĭzhĭān and Wǔyíjiǔqū in relation with the Taoist legends remaining in Wǔyíjiǔqū such as hermits' dinners, female hermits, leaving the human world as a hermit and so on as ways for becoming a hermit so that he went for the level of perfectly going out of human world and becoming a hermit. He, therefore, defined Mountain Wǔyí as a world and universe of hermits where he himself too hovered between outside and inside of poetry literature as a hermit through the mood and attitude of keeping himself enjoying the scenery as a hermit.

Research on the revitalization of Japanese artworks: Focus on Japan Advanced Art Museum Policy (일본의 문화경제전략과 미술품 유동성 활성화에 관한 연구 - 문화청의 선진미술관 정책 추진을 중심으로 -)

  • Chu, Min-Hee
    • Korean Association of Arts Management
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    • no.51
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    • pp.135-166
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    • 2019
  • Recently, the Japan Cultural Agency announced a plan for revitalizing the art market represented by reading museums (advanced art museums) to promote industry through strengthening the sustainability and economics of art museums. Along with these policy announcements, the Japanese cultural system and Bypyeongje are divided into pros and cons, and there has been a heightened opposition, which is now in a state where policy promotion has been temporarily suspended. The opposite reason is that it does not meet the museum's inherent purpose of preservation and lore, and the reason for favoring that commercialism can ruin the art world is that the Japanese art society is other than art museums and museums Also, it consists of non-profit organizations, art festival administration organizations, support staff, volunteers, etc., but because of the high subsidy bias, no real labor costs are paid, which means that it is virtually neglected. Also, there is a vigilance that the art society itself, which reduces its reliance on subsidies in response to social changes, can survive. Seeing that the situation is not much different from Japan, Korea is also actively discussing new establishments of the National Art Bank, performing art appraisal and evaluation functions for revitalizing art works, art loan, art trust, etc. There is. As it is difficult to solve realistic problems with subsidies from the future situation, it is difficult for us to expand investment in culture, and culture and economy are united and linked. You will find a plan to make it operational. In this regard, it is thought that the examination of the cultural and economic agency's strategy, represented by the Japanese advanced art museums, gives us a meaningful suggestion.

Verification of International Trends and Applicability in the Republic of Korea for a Greenhouse Gas Inventory in the Grassland Biomass Sector (초지 바이오매스 부문 온실가스 인벤토리 구축을 위한 국제 동향과 국내 적용 가능성 평가)

  • Sle-gee Lee;Jeong-Gwan Lee;Hyun-Jun Kim
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.43 no.4
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    • pp.257-267
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    • 2023
  • The grassland section of the greenhouse gas inventory has limitations due to a lack of review and verification of biomass compared to organic carbon in soil while grassland is considered one of the carbon storages in terrestrial ecosystems. Considering the situation at internal and external where the calculation of greenhouse gas inventory is being upgraded to a method with higher scientific accuracy, research on standards and methods for calculating carbon accumulation of grassland biomass is required. The purpose of this study was to identify international trends in the calculation method of the grassland biomass sector that meets the Tier 2 method and to conduct a review of variables applicable to the Republic of Korea. Identify the estimation methods and access levels for grassland biomass through the National Inventory Report in the United Nations Framework Convention on Climate Change and type the main implications derived from overseas cases. And, a field survey was conducted on 28 grasslands in the Republic of Korea to analyse the applicability of major issues. Four major international issues regarding grassland biomass were identified. 1) country-specific coefficients by land use; 2) calculations on woody plants; 3) loss and recovery due to wildfire; 4) amount of change by human activities. As a result of field surveys and analysis of activity data available domestically, it was found that there was a significant difference in the amount of carbon in biomass according to use type classification and climate zone-soil type classification. Therefore, in order to create an inventory of grassland biomass at the Tier 2 level, a policy and institutional system for making activity data should develop country-specific coefficients for climate zones and soil types.

A Study on the Liability of Artificial Person(Natural Persons) with a Disregard of the Corporate Fiction in ESG (ESG측면에서의 법인격 부인과 법인관계인(자연인)의 책임에 관한 연구)

  • Kim, Dong-han;Kwon, Yong-man
    • Journal of Venture Innovation
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    • v.4 no.3
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    • pp.141-150
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    • 2021
  • Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.

The Effect of Customer Satisfaction on Corporate Credit Ratings (고객만족이 기업의 신용평가에 미치는 영향)

  • Jeon, In-soo;Chun, Myung-hoon;Yu, Jung-su
    • Asia Marketing Journal
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    • v.14 no.1
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    • pp.1-24
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    • 2012
  • Nowadays, customer satisfaction has been one of company's major objectives, and the index to measure and communicate customer satisfaction has been generally accepted among business practices. The major issues of CSI(customer satisfaction index) are three questions, as follows: (a)what level of customer satisfaction is tolerable, (b)whether customer satisfaction and company performance has positive causality, and (c)what to do to improve customer satisfaction. Among these, the second issue is recently attracting academic research in several perspectives. On this study, the second issue will be addressed. Many researchers including Anderson have regarded customer satisfaction as core competencies, such as brand equity, customer equity. They want to verify following causality "customer satisfaction → market performance(market share, sales growth rate) → financial performance(operating margin, profitability) → corporate value performance(stock price, credit ratings)" based on the process model of marketing performance. On the other hand, Insoo Jeon and Aeju Jeong(2009) verified sequential causality based on the process model by the domestic data. According to the rejection of several hypotheses, they suggested the balance model of marketing performance as an alternative. The objective of this study, based on the existing process model, is to examine the causal relationship between customer satisfaction and corporate value performance. Anderson and Mansi(2009) proved the relationship between ACSI(American Customer Satisfaction Index) and credit ratings using 2,574 samples from 1994 to 2004 on the assumption that credit rating could be an indicator of a corporate value performance. The similar study(Sangwoon Yoon, 2010) was processed in Korean data, but it didn't confirm the relationship between KCSI(Korean CSI) and credit ratings, unlike the results of Anderson and Mansi(2009). The summary of these studies is in the Table 1. Two studies analyzing the relationship between customer satisfaction and credit ratings weren't consistent results. So, in this study we are to test the conflicting results of the relationship between customer satisfaction and credit ratings based on the research model considering Korean credit ratings. To prove the hypothesis, we suggest the research model as follows. Two important features of this model are the inclusion of important variables in the existing Korean credit rating system and government support. To control their influences on credit ratings, we included three important variables of Korean credit rating system and government support, in case of financial institutions including banks. ROA, ER, TA, these three variables are chosen among various kinds of financial indicators since they are the most frequent variables in many previous studies. The results of the research model are relatively favorable : R2, F-value and p-value is .631, 233.15 and .000 respectively. Thus, the explanatory power of the research model as a whole is good and the model is statistically significant. The research model has good explanatory power, the regression coefficients of the KCSI is .096 as positive(+) and t-value and p-value is 2.220 and .0135 respectively. As a results, we can say the hypothesis is supported. Meanwhile, all other explanatory variables including ROA, ER, log(TA), GS_DV are identified as significant and each variables has a positive(+) relationship with CRS. In particular, the t-value of log(TA) is 23.557 and log(TA) as an explanatory variables of the corporate credit ratings shows very high level of statistical significance. Considering interrelationship between financial indicators such as ROA, ER which include total asset in their formula, we can expect multicollinearity problem. But indicators like VIF and tolerance limits that shows whether multicollinearity exists or not, say that there is no statistically significant multicollinearity in all the explanatory variables. KCSI, the main subject of this study, is a statistically significant level even though the standardized regression coefficients and t-value of KCSI is .055 and 2.220 respectively and a relatively low level among explanatory variables. Considering that we chose other explanatory variables based on the level of explanatory power out of many indicators in the previous studies, KCSI is validated as one of the most significant explanatory variables for credit rating score. And this result can provide new insights on the determinants of credit ratings. However, KCSI has relatively lower impact than main financial indicators like log(TA), ER. Therefore, KCSI is one of the determinants of credit ratings, but don't have an exceedingly significant influence. In addition, this study found that customer satisfaction had more meaningful impact on corporations of small asset size than those of big asset size, and on service companies than manufacturers. The findings of this study is consistent with Anderson and Mansi(2009), but different from Sangwoon Yoon(2010). Although research model of this study is a bit different from Anderson and Mansi(2009), we can conclude that customer satisfaction has a significant influence on company's credit ratings either Korea or the United State. In addition, this paper found that customer satisfaction had more meaningful impact on corporations of small asset size than those of big asset size and on service companies than manufacturers. Until now there are a few of researches about the relationship between customer satisfaction and various business performance, some of which were supported, some weren't. The contribution of this study is that credit rating is applied as a corporate value performance in addition to stock price. It is somewhat important, because credit ratings determine the cost of debt. But so far it doesn't get attention of marketing researches. Based on this study, we can say that customer satisfaction is partially related to all indicators of corporate business performances. Practical meanings for customer satisfaction department are that it needs to actively invest in the customer satisfaction, because active investment also contributes to higher credit ratings and other business performances. A suggestion for credit evaluators is that they need to design new credit rating model which reflect qualitative customer satisfaction as well as existing variables like ROA, ER, TA.

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The Morphology, Physical and Chemical Characteristics of the Red-Yellow Soils in Korea (우리나라 전토양(田土壤)의 특성(特性) (저구릉(低丘陵), 산록(山麓) 및 대지(臺地)에 분포(分布)된 적황색토(赤黃色土)를 중심(中心)으로))

  • Shin, Yong Hwa
    • Korean Journal of Soil Science and Fertilizer
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    • v.6 no.1
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    • pp.35-52
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    • 1973
  • Red Yellow Soils occur very commonly in Korea and constitute the important upland soils of the country which are either presently being cultivated or are suitable for reclaiming and cultivating. These soils are distributed on rolling, moutain foot slopes, and terraces in the southern and western parts of the central districts of Korea, and are derived from granite, granite gneiss, old alluvium and locally from limestone and shale. This report is a summary of the morphology, physical and chemical characteristics of Red Yellow Soils. The data obtained from detailed soil surveys since 1964 are summarized as follows. 1. Red-Yellows Soils have an A, Bt, C profile. The A horizon is dark colored coarse loamy or fine loamy with the thin layer of organic matter. The B horizon is dominantly strong brown, reddish brown or yellowish red, clayey or fine loamy with clay cutans on the soil peds. The C horizon varies with parent materials, and is coarser texture and has a less developed structure than the Bt horizon. Soil depth, varied with relief and parent materials, is predominantly around 100cm. 2. In the physical characteristics, the clay content of surface soil is 18 to 35 percent, and of subsoil is 30 to 90 percent nearly two times higher than the surface soil. Bulk density is 1.2 to 1.3 in the surface soil and 1.3 to 1.5 in the subsoil. The range of 3-phase is mostly narrow with 45 to 50 percent in solid phase, 30 to 45 percent in liquid one, and 5 to 25 percent in gaseous state in the surface soil; and 50 to 60 solid, 35 to 45 percent liquid and less than 15 percent gaseous in the subsoil. Available soil moisture capacity ranges from 10 to 23 percent in the surface soil, and 5 to 16 percent in the subsoil. 3. Chemically, soil reaction is neutral to alkaline in soils derived from limestone or old fluviomarine deposits, and acid to strong acid in other ones. The organic matter content of surface soil varying considerably with vegetation, erosion and cultivation, ranges from 1.0 to 5.0 percent. The cation exchange capacity is 5 to 40 me/100gr soil and closely related to the content of organic matter, clay and silt. Base saturation is low, on the whole, due to the leaching of extractable cations, but is high in soils derived from limestone with high content of lime and magnesium. 4. Most of these soils mainly contain halloysite (a part of kaolin minerals), vermiculite (weathered mica), and illite, including small amount of chlorite, gibbsite, hematite, quartz and feldspar. 5. Characteristically they are similar to Red Yellow Podzolic Soils and a part of Reddish Brown Lateritic Soils of the United States, and Red Yellow Soils of Japan. According to USDA 7th Approximation, they can be classified as Udu Its or Udalfs, and in FAO classification system to Acrisols, Luvisols, and Nitosols.

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