• Title/Summary/Keyword: local administration

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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

A Study on the Effects of the Antipoverty Policy in Local Community : Focusing on the Self-Support System In Korea (지역사회 탈빈곤 정책의 효과 분석 : 경남, 전북지역 자활후견기관 운영의 성과 및 한계 분석과 개선방안의 모색)

  • Lee, Sang-Rok;Jin, Jae-Moon
    • Korean Journal of Social Welfare
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    • v.52
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    • pp.241-272
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    • 2003
  • The Self-Support Program was introduced as an antipoverty policy at 2002 year in Korea. But, the Self-Support Program's negative or positive effects have been debated from diverse perspectives to the present. Thus, in this paper, we analyzed the effects of the Self-Support Program using the survey data from program participants. Even though the effects of Workfare Programs can be evaluated by various indicators(ex. income, employment status, poverty status, etc.), in our analysis the effects of the Self-Support Program are evaluated by participants' self-reliant attitudes and behaviors. Major findings are as follows. First, we found that some kinds of self-reliant attitudes(ex. work commitment, self-esteem, etc.) were build up through participation on the Self-Support program, but some kinds of self-reliant factors(job competence and skill, self-sufficiency prospect, etc.) which are more relevant to the self-sufficiency were not build up thorough it. Second, we found the positive effects of the program among people who are females, olders, less educated, more healthy, and the participants who have acquired more certificate of qualifications. Third, we also found that self-support center's job training program, adequate task matching, agency climates and intra-networks influence on the positive effects of the Self-Support Program. These findings suggest that the Self-Support Program has not been successful up to now and it's reformations are required. It means that objectives of the Self-Support Program as an anti-poverty policy must be obvious and program contents must be diverse. And also program administration systems need to be reformed in oder to raise the effectiveness of the Self-Support Program.

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"Healthy Japan 21" - A new Perspective on Health Promotion Policy for Japan in the 21st century - (건강한 일본 21 - 21세기 일본의 건강 증진 정책에 대한 새로운 전망 -)

  • Hasegawa, Toshihiko
    • Proceedings of The Korean Society of Health Promotion Conference
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    • 2004.10a
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    • pp.59-88
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    • 2004
  • ' Healthy Japan 21 ' is a new health policy that has been proposed for the 21st century: it embodies a totally new concept for its viewpoints and methods. To start with, for its goal, the focus is placed on the ' quality of life ' or a life that is tree of diseases, rather than mere prolongation of life. For its doctrine, the emphasis has shifted dramatically from improving the health of the entire population (the traditional approach for health improvement) to ' achieving an ideal health status for each individual. The ultimate aged society that arrives first in Japan is a society in its ultimate form for human being. Why did Japan become westernized, giving up her traditional culture? Why did she go through industrialization, sacrificing her nature? And why does she try so hard to industrialize the developing countries? These efforts are all preparation for the arrival of a ultimate aged society. During the 20th century, we believed in unlimited possibilities and expanded our social frontier. 1n the 21st century, on the other hand, a super-aged society (the ultimate society), a glimpse of which we have witnessed from time to time, will descend on us sooner or later. It is expected to arrive first in Japan. ' Healthy Japan 21 ' is intended to prepare for the arrival of the hitherto unheard of super-aged society by building the physiological basis of people. This policy is social experimentation on an immense social scale, in which questions are posed on the understanding of health, the relationship between individuals and society, the relationship between administration and citizens, the manner by which central and local governments operate, and the new relationship between prevention and therapy. ' Healthy Japan 21 ' may be summarized as an experiment on a huge scale directed to the ultimate form of human society, in which Japan and each of her citizens playa role and set an example for the rest of the world. Even just by considering various approaches newly suggested for this venture, one may be convinced that it is a policy with features suitable for a country that has already achieved the world's highest longevity.

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THE COMPARATIVE STUDY ON THE SEDATIVE EFFECT OF DIFFERENT INTRAVENOUS MIDAZOLAM DOSAGES FOR PEDIATRIC DENTAL PATIENTS (소아환자의 Midazolam의 정맥투여 용량에 따른 진정 효과에 관한 비교연구)

  • Kim, Eun-Young;Kim, Jong-Soo;You, Seung-Hoon
    • Journal of the korean academy of Pediatric Dentistry
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    • v.32 no.3
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    • pp.416-426
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    • 2005
  • Intravenous sedation have many advantages of rapid onset and recovery, ability of control sedation levels and duration through titration. Midazolam is most commonly used intravenous medication for sedation in pediatrics, endoscopy, oncologic procedures and so on. But in dentistry, midazolam intravenous sedation is usually for adult, and there are few reports for children. Todays, children who need sedation become more and older, intravenous sedation technique is going a matter of concern in pediatric dentistry. The purpose of this paper is to evaluate the efficacy of sedation and clinical success for different initial dosage of midazolam in intravenous sedation for pediatric dental patients. 16 healthy children (male 10, female 6), mean age $54.7{\pm}10.7$ months, who needed at least two separate treatment visits requiring local anesthesia were chosen for this study. Every children were taken 0.3mg/kg, maximum 5mg of midazolam by intramuscular route, and then 30~50% $N_2O-O_2$ for 10 minutes was given. On every visits, one of the following 2 different initial dosage was given by intravenous route : (1) Group I : 0.1mg/kg Midazolam (2) Group II : 0.2mg/kg Midazolam. Additional dosage was half of the first dose. Physiologic parameters (oxygen saturation, heart rate, respiratory rate, end-tidal carbon dioxide pressure) was recorded by ten procedure steps. Behavior was videotaped and rated using Ohio State University Behavioral Rating Scale and Automated Counting System by one investigator, blind to administered dosage. After the treatment, operator evaluated the clinical success. Physiologic parameters were stable and within normal range during treatment in both groups. The analyzed sedative effect, in behavioral evaluation, ratio of favorable Quiet was higher in group II, and clinical success rate of group II was better than group I. Induction time was rapid in group II, and recovery time was rapid in group I. And there was no statistically difference between two groups in every results.

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Does Tax Really Matter in Planning the Dongbu Group's Spin-Offs? (세무계획측면에서 분석한 동부그룹 물적분할)

  • Jun, Byung Wook;Cho, Hyeong Tae
    • The Journal of Small Business Innovation
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    • v.20 no.1
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    • pp.1-18
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    • 2017
  • This study examined whether divided and spun-off companies design and execute spin-offs to minimize tax burdens by analyzing multiple spin-off transactions in the Dongbu Group, when the Korean tax law regarding corporate restructuring was amended in July 2010. Before the July 2010 tax amendment, taxes on the capital gains arising from the qualifying spin-off were deferred to the earlier of the shares in or assets acquired by the spun-off company are disposed. This tax treatment relieves the divided company's tax burden by deferring taxes on capital gains, compared with non-qualifying spin-offs. However, if shares in or assets acquired by the spun-off company are disposed after the July 2010 tax amendment, the capital gain incurred at the time of the qualifying spin-off would be taxed again at the spun-off company, in addition to a taxation on the divided company's capital gains. This creates double taxation implications for the parties involved in the spin-off. As a result, the double taxation may outweigh the benefit from the tax deferral on the qualifying spin-off, which may make a qualifying spin-off tax unfavorable. Among the four spin-off cases in the Dongbu Group addressed in this study, a spin-off occurred before the tax amendment, whereas three spin-offs occurred after the tax amendment. Initially, we expected that the spin-off before the tax amendment would be a qualifying spin-off, and the other three spin-offs would be non-qualifying spin-offs, considering the taxation rules before and after the July 2010 tax amendment. However, based on the review of summarized balance sheets disclosed in the spin-offs' corporate filings, no capital gains arose during the four spin-offs that occurred in the Dongbu Group. Therefore, we concluded that the Dongbu Group considered non-tax factors more than tax factors while designing and executing the spin-offs. The local media posited during this period that these spin-offs may intend to resolve financial issues in the Dongbu Group, and this analysis was supported by the fact that some shares in the new spun-off companies were sold by the Dongbu Group. Our case studies provide evidence that all costs, including both tax and non-tax costs, must be considered in the course of spin-offs, in addition to the tax burdens on all parties involved in the corporate restructuring, which parallels the work of Scholes et al. (2008). This study provides implications that various aspects should be considered and reviewed in advance when the management makes decisions for effective tax planning.

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A Prediction Model for Forecast of the Onset Date of Changmas (장마 시작일 예측 모델)

  • Lee, Hyoun-Young;Lee, Seung-Ho
    • Journal of the Korean Geographical Society
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    • v.28 no.2
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    • pp.112-122
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    • 1993
  • Since more than 50${\%}$ of annual precipitation in Korea falls during Changma, the rainy season of early summer, and Late Changma, the rainy season of late summer, forcasting the onset days Changmas, and the amount related rainfalls would be necessary not only for agriculture but also for flood-control. In this study the authors attempted to build a prediction model for the forecast of the onset date of Changmas. The onset data of each Changma was derived out of daily rainfall data of 47 stations for 30 years(1961~1990) and weather maps over East Asia. Each station represent any of the 47 districts of local forecast under the Korea Meteorological Administration. The average onset dates of Changma during the period was from 21 through 26 June. The dates show a tendency to be delayed in El Ni${\~{n}}o years while they come earlier than the average in La Nina years. In 1982, the year of El Ni${\~{n}}o, the date was 9 Julu, two weeks late compared with the average. The relation of sea surface temperature(SST) over Pacific and Northern hemispheric 500mb height to the Changma onset dates was analyzed for the prediction model by polynomial regression. The onset date of Changma over Korea was correlated with SST in May(SST${_(5)}{^\circ}$C) of the district (8${^\circ}$~12${^\circ}S, 136${^\circ}~148${^\circ}W)of equatirial middle Pacific and the 500mb height in March (MB${_(3)}$"\;"m)over the district of the notrhern Hudson Bay. The relation between this two elements can be expressed by the regression: Onset=5.888SST${_5}"\;"+"\;"0.047MB${_(3)}$"\;"-251.241. This equation explains 77${\%}$ of variances at the 0.01${\%}$ singificance level. The onset dates of Late Changma come in accordance with the degeneration of the Subtro-pical High over northern Pacific. They were 18 August in average for the period showing positive correlation(r=0.71) with SST in May(SST)${_(i5)}{^\circ}$C) over district of IndiaN Ocean near west coast of Australia (24${^\circ}$~32${^\circ}$S, 104${^\circ}$~112${^\circ}$E), but negativ e with SST in May(SST${_(p5)}{^\circ}$ over district (12${^\circ}$~20${^\circ}$S,"\;"136${^\circ}$~148${^\circ}$W)of equatorial mid Pacific (r=-0.70) and with the 500mb height over district of northwestern Siberia (r=-0.62). The prediction model for Late Changma can be expressed by the regression: Onset=706.314-0.080 MB-3.972SST${_(p5)}+3.896 SST${_(i5)}, which explains 64${\%}$ of variances at the 0.01${\%}$ singificance level.

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A Study on Establishment of the Optimum Mountain Meteorological Observation Network System for Forest Fire Prevention (산불 방지를 위한 산악기상관측시스템 구축방안)

  • Lee, Si-Young;Chung, Il-Ung;Kim, Sang-Kook
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.8 no.1
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    • pp.36-44
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    • 2006
  • In this study, we constructed a forest fire danger map in the Yeongdong area of Gangwon-do and Northeastern area of Gyeongsangbuk-do using a forest fire rating model and geographical information system (GIS). We investigated the appropriate positions of the automatic weather station (AWS) and a comprehensive network solution (a system including measurement, communication and data processing) for the establishment of an optimum mountain meteorological observation network system (MMONS). Also, we suggested a possible plan for combining the MMONS with unmanned monitoring camera systems and wireless relay towers operated by local governments and the Korea Forest Service for prevention of forest fire.

Analysis and de lege ferenda of the Acts Related with Spread of MERS in Korea in the Year 2015 - Focused on the Controversial Clauses of Medical Service Act and Infectious Disease Control and Prevention Act - (중동호흡기증후군 2015년 사태와 관련된 의료법령의 분석과 입법론 - 「의료법」 및 「감염병의 예방 및 관리에 관한 법률」의 쟁점 조항을 중심으로 -)

  • Kim, Cheonsoo
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.197-225
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    • 2015
  • The presentation of this paper was triggered by the spread of MERS in Korea in the year 2015. The analysis of the present acts related with MERS is necessary in order to cope efficiently with any probable spread of such infectious diseases as MERS in future. The acts that should be analyzed in this paper include 'Medical Service Act' and 'Infectious Disease Control And Prevention Act' (hereafter, IDCAPA). At first the classification of the infectious diseases in IDCAPA should be referred to. The Act does not properly classify them because the scope of concept of each group of the infectious diseases overlaps each other. This overlap should be removed. The present system in IDCAPA is not proper for the efficient notification and reporting of the infectious disease patients. This is so in some viewpoints including the persons obligated to make the notification and reporting, the persons to whom they should notify and report such patients, and the process of notification and reporting. The efficient approach to the information related with the infectious disease is necessary for the rapid prevention of its spread. Cohort isolation and quarantine of the infectious patients and exposed contacts are the strongest and most efficient steps for the prevention of spread of the infectious diseases. One of the great problems related with such steps would be the conflict of powers or attributions, the likelihood of which is inevitable under the present system of IDCAPA. The IDCAPA distributed the power or attribution to take the steps to the three governments including the central government, the metropolitan government and the primary local government. The power should be concentrated in the central government, which could afford financially to compensate for the huge amount of damages caused likely by the steps. The power to take the steps would be actually just a useless thing for its holder without such financial capacity. The remedy for the victims by the fault of spreader should be approached to in the sense of national wealth. The general principle of tort law could not supply the victims with the sufficient remedy because the damages would be likely too huge for the wealth of such spreader to cope with. In future another parliamentary inspection could reveal another problems in the administration by the government of the MERS event in the year 2015. Any problem caused by defect in the legal system of the control and prevention of the infectious diseases should be taken into consideration when the legal system would be reformed in future.

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An Early-Maturing and High Grain Quality, Intermediate Breeding Rice Variety 'Jungmo1001' (벼 조생 고품질 중간모본 '중모1001')

  • Won, Yong-Jae;Jeon, Yong-Hee;Jung, Kuk-Hyun;Shin, Young-Seop;Kim, Yeon-Gyu;Choi, Im-Soo;Han, Hee-Seog;Oh, Myung-Kyu;Lee, Sang-Bok;Lee, Jeong-Il;Cho, Young-Chan;Choi, Yong-Hwan;Roh, Jae-Hwan;Ahn, Eok-Keun;Yoon, Young-Hwan
    • Korean Journal of Breeding Science
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    • v.43 no.6
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    • pp.606-610
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    • 2011
  • 'Jungmo1001' is an early maturing intermediate breeding line developed from a cross between Cheolweon52 and SR14694-57-4-2-1-3-2-2 by the rice breeding team of National Institute of Crop Science, Rural Development Administration (RDA) in 1994. 'Jungmo1001' has about 107 days duration from seeding to heading in mid-northern inland plain, southern alpine area and north-eastern coastal areas. It has about 73 cm in culm length with semi-erect plant type and good canopy architecture. This variety has 13 tillers per hill and 90 spikelets per panicle. Its 1,000 grain-weight of brown rice is 21.2 g which is less than 26.3 g of 'Odaebyeo'. Milled kernels are translucent with non-glutinous endosperm, low amylose content (18.1%) compared with 'Odaebyeo' palatability of cooked rice is very good. This variety shows strong resistance to cold treatment, lodging, premature heading and wilting. This variety shows moderately resistant to blast disease but susceptible to bacterial blight, stripe virus and insect pests. The milled rice yield performance of this variety is about 5.45 MT/ha by ordinary culture in local adaptability test for three years. This variety may be highly adaptable to the mid-northern inland plain, southern alpine area and north-eastern coastal areas of Korea.

A New Early-Maturing Rice Intermediate parent with High-Quality, Good Taste, and Viviparous germination resistance, 'Jungmo 1012' (벼 조생 고품질 고식미 내수발아성 중간모본 '중모1012호')

  • Kim, Woo-Jae;Joung, Jin-Il;Kang, Jong-Rae;Park, Hyun-Su;Nam, Min-Hee;Kwak, Do-Yeon;Kim, Dae-Sik;Kim, Young-Doo;Kim, Jeong-Il;Song, You-Chun;Yeo, Un-Sang;Shin, Mun-Sik;Lee, Jong-Hee;Park, No-Bong;Cho, Jun-Hyeon;Kang, Hyeon-Jung;Kim, Bo-Kyeong;Ha, Ki-Yong;Nam, Jeong-Kwon;Baek, Man-Kee;Kim, Ki-Young;Ko, Jong-Cheol;Shin, Woon-Chul;Mo, Young-Jun;Park, Seong-Tae;Kang, Hang-Won;Ko, Jae-Kwon
    • Korean Journal of Breeding Science
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    • v.43 no.6
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    • pp.549-553
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    • 2011
  • 'Jungmo 1012', a new japonica rice intermediate parent developed from a cross between 'Sambaegbyeo' having a good eating-quality and lodging resistance, and 'Ou329', was developed by the rice breeding team of Sangju Substation, National Institute of Crop Science, Rural Development Administration in 2010. This variety has about 120 days growth duration from transplanting to harvesting in southern mid-mountainous area of Korea. It has 78 cm culm length and tolerance to lodging. In reaction to biotic and abiotic stresses, it shows strong resistance to blast and viviparous germination, but is susceptible to bacterial blight, virus diseases, and insect pests. The milled rice of 'Jungmo 1012' exhibit translucent, relatively clear non-glutinous endosperm and medium short grain. It has a little lower amylose content of 18.2%, and higher protein content of 6.3%, and good palatability of cooked rice compared with 'Odaebyeo'. The milled rice yield performance of this variety is about 5.55 MT/ha in local adaptability test for three years. 'Jungmo 1012' will be adaptable to southern mid-mountainous of South Korea.