• Title/Summary/Keyword: economic planning

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An Analytical Study of the Problems Involved in the Project to Rehabilitate the Illegal Field Burning Cultivators in Gangweon Do (강원도(江原道) 화전정리사업(火田整理事業)에 수반(隨伴)되는 문제점분석(問題點分析)에 관(關)한 연구(硏究))

  • Ho, Ul Yung
    • Journal of Korean Society of Forest Science
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    • v.28 no.1
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    • pp.50-66
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    • 1975
  • Since it is an undeniable fact that the so-called illegal field-burning cultivation is directly implicated in the causes of forest devastation, land erosion, and drought and flood, thus, barring the nation from a well-balanced economic growth, the policy to exterminate its practices must have the topmost priority. Eighty percent of Gangweon-do is mountain forests and naturally of all others this province has the largest area of illegally burned hill-side farminglands, stubbornly retarding the provincial development policy as well as directly causing tremendous forest damages. In 1965 a 7-year plan mapped out to rehabilitate these gypsy type field burning farmers only to be suspended in 1968 to give way to the mandatory project of clearing the isolated farmsteads set in deep mountain to circumvent the guerilla forces signaled by the so-called Samcheok-Uljin area infiltration. In the meantime, new hordes of roving farmers burned the forests, working a renewed havoc. To cope with this situation, the provincial government, taking the year 1973 as a planning year, launched another three year project (1974-76) and has been enforcing the rehabilitation project mobilizing the whole administrative power. Whether or not this project will succeed solely depends upon whether the forcedly rehabilitated roving farmers can really establish self-supporting homesteads. Among the various difficulties facing the newly established homesteaders are: (1) First of all, the homesteaders must be given money-earning jobs. (2) Financial supports or subsidies must be provided them with which to establish self-supporting homesteads. (3) Private enterprises as well as public organizations must offer them jobs with priority. (4) The rehabilitated rovers themselves must establish self-supporting homesteads before expecting the external assistance. (5) The rehabilitated rovers themselves must have the spirit of self-help, welcoming all levels and all kinds of jobs. (6) The rural revitalization movement must expand the self-help reconstruction projects to give them the opportunity to work. (7) All citizen in the province must receive and protect them with brethren love. (8) The evacuated burned-forests must be reforestrated with the principle of "best trees to the best lands". (9) The seedlings of species that the forest owners select must anyhow be secured and supplied (10) The organization and function of the village forestry association must be strengthened to take effective care of the reforestated burned-forests.

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A Baseline Survey on Development of Primary Health Care in the Rural Korea -Sanpuk Village, Kumsa-Myun, Yuju- Gun, Kyunggi-Do- (농촌지역의 일차보건사업 개발을 위한 기초조사 연구 - 경기도 여주군 금사면 산북부락을 중심으로 -)

  • Kim, Myung-Ho;Yun, Suk-Woo;Rhee, Hae-Soak
    • Journal of agricultural medicine and community health
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    • v.12 no.1
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    • pp.5-27
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    • 1987
  • It is widely recognized that primary health care in the community is one of the most important and effective health measures in these days. However, it is reality that unsatisfactory health care system, ineffective utilization of health care by the community people in the rural area are hampering better understanding for primary health care. Therefore promoting health for the rural people and increasing understanding about primary health care, the baseline survey in the community focused in examination for safe community water supply was carried out. The survey was conducted through August 25-31, 1986 in order to find out health problems and relevant factors and to define the demographic characteristics of $^*$Sanpuk village, Kumsa-Myun, Yuju-Gun, Kyunggi-Do, Korea. Household survey was carried out for every home by trained interviewers. The major results are found out as follows : 1) 84.2%(400 houses) of total households were surveyed because 15.8%(75 houses) were unable to survey due to either refusal against interview or absence of family. These 400 households were composed of 1,697 residents(male:830, female 867). Educational level of respondents showed 34.1% as elementary school graduated. Religion distribution showed Buddism(23.8%) as the most dominant. 50.7% of respondents married in the area. 2) Most households(91.5%) have lived in their own house in Sanpuk area. Average family size showed 4.3. More than half of residents(64.2%) have used public supplied water tap. Only 1.5% of the households had a flush toliet. The rest of households have still used primitive insanitary latrines. 3) 32.5% of residents have used gas burner for cooking and for heating in the house, and the coal briquet were used for boiler. Lack of convenient public transportation was the chief complaint for their day life. 4) Each household occupied 1,990 pyungs of rice paddy and 1,170 pyungs of ordinary field in average. Beside farming products, mushroom was the highest product. 5) Sixth percent of households in the survey area regularly participated in community meeting one hand and on the other hand 39.5% never participated. Most of respondents closely contacted with their neighbours and they seemed very friendly each other. 6) The prevalence rate of illness and injury during recent 15 days showed 48.3 per 1,000. The prevalence rate of chronic illnesses during the past one year showed 74 per 1,000. Injury and accident lead the higher portion(22.0%) in the former and in the latter pain(arthritis, back-pain) showed 27.0% as the dominant sickness. 87.8% of the ill residents in the former received medical treatment. As the most frequently utilized medical facility, the clinic or hospital were counted. Among the residents suffering from chronic illnesses, 77.3% in Sanpuk area get some kind of medical treatments and they rarely utilized the clinic or hospital. The reason why the patient did not receive any medical care was found out the fact that symptoms of illness was light or mild and economic problems was serious. 7) Average age of marriage showed 21.6 years old in the women and the average duration of marital period was shown for 15.1 years. The married woman in reproductive age in Sanpuk area had experienced pregnancies 4 times in the aver-age including 0.7 time of pregnancy in average were interrupted by induced abortion and 0.3 time by spontaneous abortion respectively. The practicing rate of the family planning of the married woman during reproductive ages showed 70.7% and the tuballigation was found out as the most frequently used contraceptives. 8) Among woman who has children under 2 years old, 70.0% had received the prenatal care for the last pregnancy. However, the average number of prenatal care visitis per woman showed 3.3 times. Fifty-two % of woman who received the postnatal care for the last delivery showed only 37.5%. 9) Immunization rate of the children under 2 years old showed relatively high and looked successful. The breast feeding for these children showed dominantly in the most. Most of the mothers in Sanpuk area had started the supplementary diet during weaning period of their infants of 6th and 7th month after birth. * : Sanpuk area is a demstration area for community development which has been supported by the Community Development Foundation during the part 10 years. The village is relatively closer to urban area such as Seoul, However, it has a similar characteristics shown as a remote village because of geographical location and inconvenient transportation at present.

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A Study on the Estimation Method of the Repair Rates in Finishing Materials of Domestic Office Buildings (국내 업무시설 건축 마감재의 수선율 산정 방안에 관한 연구)

  • Kim, Sun-Nam;Yoo, Hyun-Seok;Kim, Young-Suk
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.1
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    • pp.52-63
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    • 2015
  • Business facilities among domestic architectures have rapidly been constructed along with domestic economic development. It is an important facility taking the second largest proportion next to apartment buildings among current 31 building types of fire department classification of 2012 year for urban architectures. The expected service life of business facilities is 15 years, but 70% of those in urban areas have surpassed the 15 year service life as of the present 2014. Thus, the demand for urgent rehabilitation of such facilities is constantly increasing due to the aging and performance deterioration of the facilities'main finishing materials. Especially, the business facilities are being used for the lease of company office or private office, and such problems as aging and performance deterioration of the facilities could cause less competitive edge for leasing and real estate value depreciation for the O&M (Operation & Management) agent and the owner, respectively. Therefore, an effective planned rehabilitation as a preventive measure according to the standardized repair rate by the number of years after the construction is in need in order to prevent the aging and performance deterioration of the facilities(La et al. 2001). Nonetheless, domestic repair/rehabilitation standards based on the repair rate are mainly limited to apartment buildings and pubic institutions, resulting in impractical application of such standards to business facilities. It has been investigated and analyzed that annual repair rate data for each finishing material are required for examination of the applicability of the repair rate standard for the purpose of establishment of a repair plan. Hence, this study aimed at developing a repair rate computation model for finishing materials of the facilities and verifying the appropriateness of the annual repair rate for each finishing material through a case study after collecting and analyzing the repair history data of six business facilities. The results of this study are expected to contribute to the planning and implementation of more efficient repair/rehabilitation budget by preventing the waste of unpredicted repair cost and opportunity cost for the sake of the business facilities' owners and O&M agents.

Geographic Distribution of Physician Manpower by Gini Index (GINI계수에 의한 의사의 지역간 분포양상)

  • Moon, Byung-Wook;Park, Jae-Yong
    • Journal of Preventive Medicine and Public Health
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    • v.20 no.2 s.22
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    • pp.301-311
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    • 1987
  • The purpose of this study is to analyze degree of geographic maldistribution of physicians and changes in the distributional pattern in Korea over the years 1980-1985. In assessing the degree of disparity in physician distribution and in identifying changes in the distributional pattern, the Gini index of concentration was used. The geographical units selected for computation of the Gini index in this analysis are districts (Gu), cities (Si), and counties (Gun). Locational data for 1980 and 1985 were obtained from the population census data in the Economic Planning Board and regular reports of physicians in the Korean Medical Association. The rates of physicians located counties to whole physicaians were 10.4% in 1980 and 9.6% in 1985. In term of the ratio of physicians per 100,000 population, rural area had 9.18 physicians in 1980 and 12.95 in 1985, 7.13 general practitioner in 1980 and 7.29 in 1955, and 2.05 specialists in 1980 and 5.66 in 1985. Only specialists of genral surgery and preventive medicine were distributed over 10% in county and distribution of every specialists except chest surgery in county increased in 1955, comparing with that rates of 1980. The Gini index computed to measure inequality of physician distribution in 1985 indicate as follows; physicians 0.3466, general practitioners 0.5479, and specialists 0.5092. But the Gini index for physicians and specialists fell -15.40% and -10.42% from 1980 to 1985, indication more even distribution. The changes in the Gini index over the period for specialists from 0.3639 to 0.4542 for districts, from 0.2510 to 0.1949 for cities, and 0.5303 to 0.5868 for counties indicate distributional change of 24.81%, -22.35%, and 10.65% respectively. The Gini indices for specialists of neuro-surgery, chest surgery, plastic surgery, ophthalmology, tuberculosis, preventive medicine, and anatomical pathology in 1985 were higher than Gini indices in 1980.

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Effect a Presentation Product has on the Repurchase Action (증정상품이 소비자의 재구매행동에 미치는 영향)

  • Yun, Gi-Seon;Kim, Hong
    • 한국벤처창업학회:학술대회논문집
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    • 2007.04a
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    • pp.375-404
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    • 2007
  • When we look into the market economy of our country recently, we learn that the mind of consumption after IMF crisis is very shrunk and the market is led into a serious slump of consumption. For an approach to survive the contraction of the market and the market competition, enterprises command a variety of sales promotion strategy, out of which presentation is a sales promotion strategy to give the same product. The price-discounted strategy through the provision of donation commodity may induce the temporarily-discounted commodity not to be sold to the consumers or make a damage of the images of the brand, or arouse the price war against other companies, or lower the sense of the quality of the commodity. Therefore, it is necessary for a company to meet the end users' demand and also maintain the evaluation of the quality on the consumers' products highly. Therefore, in this study, we have attempted to study and analyze the consumers' satisfaction level and reliability on the donation goods in order to suggest the orientation of the presentation promotion strategy in accordance with the changes of the sales market. In addition, we tried to understand how the recognition, consumers' satisfaction level and reliability on the presentation goods had on the repurchase. With such objectives in this study, we could make an analogy of the following significance and suggestion of study. Firstly, in order to survive a serious competition market, enterprises must execute the product presentation along with diverse events instead of commanding the sales promotion strategy through a simple product presentation. This strategy can be an alternative to lower the danger a person-to-person product presentation may bring about. That is to say, we shall not lower the quality and value of the products but enhance a new image to customers through a product donation occasion together with an event as a new marketing pioneering method. Secondly, during the period of the current economic depression, if a company provides the consumers with an opportunity free of charge through the present special event period and the practical events, it will affect the advertising effect of the goods, the introduction of the customers and customers' repurchase. For this purpose, the company has to heighten customers' preferences by selecting the items customers are liable to prefer and closely analyze the consumer's response and market for such an objective. Thirdly, with the internet age, as the market has a tendency to increase in the number of consumers who do shopping in the internet, the marketing strategy has to build up the strategy of the presentation product instead of a simple offline strategy. For example, a company shall have to draw attention or attraction from end users who intend to do shopping through the online by a product planning expo or a presentation product corner. Fourthly, the excessive sale promotion strategy of presentation products may bring about even a reverse effect on the value of the goods or consumers' attitude as seen above. Therefore, a company has to relay 'the value as to the price' to the consumers instead of the sales promotion strategy of donation products just for a temporary sales volume. Conclusively, even if we put the value with a reasonable price through the presentation product strategy in the past, we shall have construct the strategy by providing some plus factors in the price such as the provision of the upgraded products or services instead of just presentation, or the invitation of the events related to diverse events or culture arts from now on.

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Catastrophic Art and Its Instrumentalized Selection System : From work by Hunter Jonakin and Dan Perjovschi (재앙적 예술과 그 도구화된 선별체계: 헌터 조너킨과 댄 퍼잡스키의 작품으로부터)

  • Shim, Sang-Yong
    • The Journal of Art Theory & Practice
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    • no.13
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    • pp.73-95
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    • 2012
  • In terms of element and process, art today has already been fully systemized, yet tends to become even more systemized. All phases of creation and exhibition, appreciation and education, promotion and marketing are planned, adjusted, and decided within the order of a globalized, networked system. Each phase is executed, depending on the system of management and control and diverse means corresponding to the system. From the step of education, artists are guided to determine their styles and not be motivated by their desire to become star artists or running counter to mainstream tendency and fashion. In the process of planning an exhibition, the level of artist awareness is considered more significant than work quality. It is impossible to avoid such systems and institutions today. No one can escape or be freed from the influence of such system. This discussion addresses a serious distortion in the selection system as part of the system connotatively called "art museum system," especially to evaluate artistic achievement and aesthetic quality. Called "studio system" or "art star system," the system distinguishes successful minority from failed absolute majority and justifies the results, deciding discriminative compensations. The discussion begins from work by Hunter Jonakin and Dan Perjovschi. The key point of this discussion is not their art worlds but the shared truth referred by the two as the collusive "art market" and "art star system." Through works based on their experiences, the two artists refer to these systems which restrict and confine them. Jonakin's Jeff Koons Must Die! is avideo game conveying a critical comment on authoritative operation of the museum system and star system. In this work, participants, whether viewer or artist, are destined to lose: the game is unwinnable. Players take the role of a person locked in a museum where artist Jeff Koons' retrospective is held. The player can either look around and quietly observe the works, which causes a game-over, or he can blow the classical paintings to pieces and cause the artist Koons to come out and reprimand the player, also resulting in a game-over. Like Jonakin, Dan Perjovschi's some drawings also focuses on the status of the artist shrunken by the system. Most artists are ruined in a process of competition to survive within the museum system. As John Burger properly pointed out, out of the art systems today, public collections (art museums) and private collections have become "something unbearable." The system justifies the selection system of art stars and its frame of reference, disregarding the problem of producing numerable victims in its process. What should be underlined above all else is that the present selection system seriously shrinks art's creative function and its function of generating meaning. In this situation, art might fall to the level of entertainment, accessible to more people and compromising with popularity. This discussion is based on assumption and consciousness on the matter that this situation might cause catastrophic results for not only explicit victims of the system but also winners, or ones defined as winners. The system of art is probably possible only by desire or distortion stemmed from such desire. The system can be flourished only under the economic system of avarice: quantitatively expanding economy, abundant style, resort economy in Venice and Miami, and luxurious shopping malls with up-to-date facilities. The catastrophe here is ongoing, not a sudden emergence, and dynamic, leading the system itself to a devastating end.

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An Analysis of Process-oriented Design in the Invited Entries of International Competition for the Master Plan of the Yongsan Park, Korea (용산공원 설계 국제공모 출품작에 나타난 프로세스적 설계 분석)

  • So, Jin;Sung, Jong-Sang;Pae, Jeong-Hann
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.2
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    • pp.11-26
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    • 2013
  • Designing large parks such as Yongsan Park requires the open-ended process-oriented design approach in complex layers rather than the conventional self-completed master plan method. This study aims to examine the characteristics of process-oriented design in the eight invited entries of "International Competition for the Master Plan of the Yongsan Park, Korea"(2012). For this purpose, it analyzed each entry according to three criteria: objects of process-oriented approach, time factor and its features of phasing plan, and presentation method of the process. This analysis can not only critically review the current level of the process-centered design methodology but also suggest strategic future directions for Yongsan Park. The objects of process-oriented design in the eight works were order of physical space development, restoration process of ecosystem, recovering process of publicity, and economic operation and management. Main considerations in the objects were connections to adjacent urban fabrics, links to regional green and water system, reuse of existing buildings and infrastructures in the site. The temporal criteria of the phasing plan had two aspects. One was planning a certain time and period, and the other was just establishing an order of phases. Most of the presentation method of process was the phasing plan, but some of the entries suggested a scenario plan. The eight works of "International Competition for the Master Plan of Yongsan Park" did not attempt process-oriented designs entirely and completely. Rather, they tried to introduce the phasing plan as part of a process-centered design. Also, they took an eclectic approach between master plan and process-oriented design instead of rejecting the conventional master plan approach.

A Study on Estimating Optimal Tonnage of Coastal Cargo Vessels in Korea (우리나라 연안화물선의 적정선복량 추정에 관한 연구)

  • 이청환;이철영
    • Journal of the Korean Institute of Navigation
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    • v.13 no.1
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    • pp.21-53
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    • 1989
  • In the past twenty years, there has been a rapid increase in the volume of traffic in Korea due to the Korean great growth of the Korean economy. Since transformation provides an infrastructure vital to economic growth, it becomes more and more an integral part of the Korea economy. The importance of coastal shipping stands out in particular, not only because of the expansion limit on the road network, but also because of saturation in the capacity of rail transportation. In spite of this increase and its importance, coastal shipping is falling behind partly because it is givenless emphasis than ocean-going shipping and other inland transportation systems and partly because of overcompetition due to excessive ship tonnage. Therefore, estimating and planning optimum ship tonnage is the first take to develop Korean coastal shipping. This paper aims to estimate the optimum coastal ship tonnage by computer simulation and finally to draw up plans for the ship tonnage balance according to supply and demand. The estimation of the optimum ship tonnage is peformed by the method of Origin -Destimation and time series analysis. The result are as follows : (1) The optimum ship tonnage in 1987 was 358, 680 DWT, which is 54% of the current ship tonnage (481 ships, 662, 664DWT) that is equal to the optimum ship tonnage in 1998. this overcapacity result is in excessive competition and financial difficulties in Korea coastal shipping. (2) The excessive ship tonnage can be broken down into ship types as follows : oil carrier 250, 926 DWT(350%), cement carrier 9, 977 DWT(119%), iron material/machinery carrier 25, 665 DWT(117%), general cargo carrier 17, 416DWT(112%). (3) the current total ship crew of 5, 079 is more than the verified optimally efficient figure of 3, 808 by 1271. (4) From the viewpoint of management strategy, it is necessary that excessive ship tonnage be reduced and uneconomic outdated vessels be broken up. And its found that the diversion into economically efficient fleets is urgently required in order to meet increasing annual rate in the amounts of cargo(23, 877DWT). (5) The plans for the ship tonnage balance according to supply and demand are as follows 1) The establishment of a legislative system for the arrangement of ship tonnage. This would involve; (a) The announcement of an optimum tonnage which guides the licensing of cargo vessels and ship tonnage supply. (b) The establishment of an organization that substantially arrangement tonnage in Korea coastal shipping. 2) The announcement of an optimum ship tonnage both per year and short-term that guides current tonnage supply plans. 3) The settlement of elastic tariffs resulting in the protect6ion of coastal shipping's share from other tonnage supply plans. 4) The settlement of elastic tariffs resulting in the protection of coastal shipping's share from other transportation systems. 4) Restriction of ocean-going vessels from participating in coastal shipping routes. 5) Business rationalization of coastal shipping company which reduces uneconomic outdated vessels and boosts the national economy. If we are to achieve these ends, the followings are prerequisites; I) Because many non-licensed vessels are actually operating and threatening the safe voyage of the others in Korea coastal routes, it is necessary that those ind of vessels be controlled and punished by the authorities. II) The supply of ship tonnage in Korean coastal routes should be predently monitored because most of the coastal vessels are to small to be diverted into ocean-going routes in case of excessive supply. III) Every ship type which is engaged in coastal shipping should be specialized according to the characteristics of its routes as soon possible.

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Performance of Drip Irrigation System in Banana Cultuivation - Data Envelopment Analysis Approach

  • Kumar, K. Nirmal Ravi;Kumar, M. Suresh
    • Agribusiness and Information Management
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    • v.8 no.1
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    • pp.17-26
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    • 2016
  • India is largest producer of banana in the world producing 29.72 million tonnes from an area of 0.803 million ha with a productivity of 35.7 MT ha-1 and accounted for 15.48 and 27.01 per cent of the world's area and production respectively (www.nhb.gov.in). In India, Tamil Nadu leads other states both in terms of area and production followed by Maharashtra, Gujarat and Andhra Pradesh. In Rayalaseema region of Andhra Pradesh, Kurnool district had special reputation in the cultivation of banana in an area of 5765 hectares with an annual production of 2.01 lakh tonnes in the year 2012-13 and hence, it was purposively chosen for the study. On $23^{rd}$ November 2003, the Government of Andhra Pradesh has commenced a comprehensive project called 'Andhra Pradesh Micro Irrigation Project (APMIP)', first of its kind in the world so as to promote water use efficiency. APMIP is offering 100 per cent of subsidy in case of SC, ST and 90 per cent in case of other categories of farmers up to 5.0 acres of land. In case of acreage between 5-10 acres, 70 per cent subsidy and acreage above 10, 50 per cent of subsidy is given to the farmer beneficiaries. The sampling frame consists of Kurnool district, two mandals, four villages and 180 sample farmers comprising of 60 farmers each from Marginal (<1ha), Small (1-2ha) and Other (>2ha) categories. A well structured pre-tested schedule was employed to collect the requisite information pertaining to the performance of drip irrigation among the sample farmers and Data Envelopment Analysis (DEA) model was employed to analyze the performance of drip irrigation in banana farms. The performance of drip irrigation was assessed based on the parameters like: Land Development Works (LDW), Fertigation costs (FC), Volume of water supplied (VWS), Annual maintenance costs of drip irrigation (AMC), Economic Status of the farmer (ES), Crop Productivity (CP) etc. The first four parameters are considered as inputs and last two as outputs for DEA modelling purposes. The findings revealed that, the number of farms operating at CRS are more in number in other farms (46.66%) followed by marginal (45%) and small farms (28.33%). Similarly, regarding the number of farmers operating at VRS, the other farms are again more in number with 61.66 per cent followed by marginal (53.33%) and small farms (35%). With reference to scale efficiency, marginal farms dominate the scenario with 57 per cent followed by others (55%) and small farms (50%). At pooled level, 26.11 per cent of the farms are being operated at CRS with an average technical efficiency score of 0.6138 i.e., 47 out of 180 farms. Nearly 40 per cent of the farmers at pooled level are being operated at VRS with an average technical efficiency score of 0.7241. As regards to scale efficiency, nearly 52 per cent of the farmers (94 out of 180 farmers) at pooled level, either performed at the optimum scale or were close to the optimum scale (farms having scale efficiency values equal to or more than 0.90). Majority of the farms (39.44%) are operating at IRS and only 29 per cent of the farmers are operating at DRS. This signifies that, more resources should be provided to these farms operating at IRS and the same should be decreased towards the farms operating at DRS. Nearly 32 per cent of the farms are operating at CRS indicating efficient utilization of resources. Log linear regression model was used to analyze the major determinants of input use efficiency in banana farms. The input variables considered under DEA model were again considered as influential factors for the CRS obtained for the three categories of farmers. Volume of water supplied ($X_1$) and fertigation cost ($X_2$) are the major determinants of banana farms across all the farmer categories and even at pooled level. In view of their positive influence on the CRS, it is essential to strengthen modern irrigation infrastructure like drip irrigation and offer more fertilizer subsidies to the farmer to enhance the crop production on cost-effective basis in Kurnool district of Andhra Pradesh, India. This study further suggests that, the present era of Information Technology will help the irrigation management in the context of generating new techniques, extension, adoption and information. It will also guide the farmers in irrigation scheduling and quantifying the irrigation water requirements in accordance with the water availability in a particular season. So, it is high time for the Government of India to pay adequate attention towards the applications of 'Information and Communication Technology (ICT) and its applications in irrigation water management' for facilitating the deployment of Decision Supports Systems (DSSs) at various levels of planning and management of water resources in the country.

A Review on Constitutional Discordance Adjudication of the Constitutional Court to Total Ban on Abortion ('낙태죄' 헌법재판소 헌법불합치 결정의 취지와 법률개정 방향 - 헌법재판소 2019. 4. 11. 선고 2017헌바127 전원재판부 결정에 따라 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.3-39
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    • 2019
  • Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).