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Legal Issues Regarding the Launch Vechicle by DPRK : the Scope and Limit of the UN Security Council Resolution (북한의 발사체발사에 따른 법적 쟁점 : UN 안전보장이사회 결의의 성격과 한계)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.145-167
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    • 2016
  • UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

Development of Rain Shelter for Chinese Cabbage Rainproof Cultivation (배추재배용 비가림하우스 개발)

  • Yu, In Ho;Lee, Eung Ho;Cho, Myeong Whan;Ryu, Hee Ryong;Moon, Doo Gyung
    • Journal of Bio-Environment Control
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    • v.23 no.4
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    • pp.293-302
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    • 2014
  • This study was carried out to develop rain shelter which can make an appropriate size and environment for Chinese cabbage rainproof cultivation. Fifty three farms with chinese cabbage rainproof cultivation system have been investigated to set up width and height of rain shelter. Mostly the width of 6m was desired for rain shelter and the height of 1.6m for their eaves, so these values were chosen as the dimensions for rain shelter. After an analysis of their structural safety and installation costs by the specifications of the rafter pipe, Ø$25.4{\times}1.5t$ and 90cm have been set as the size of rafter that such size costs the least. This size is stable with $27m{\cdot}s^{-1}$ of wind velocity and 17cm of snow depth. Therefore it is difficult to apply this dimension to area with higher climate load. In order to sort out such problem, the rain shelter has been designed to avoid damage on frame by opening plastic film to the ridge. Once greenhouse band is loosen by turning the manual switch at the both sides of rain shelter and open button of controller is pushed then switch motor rises up along the guide pipe and plastic film is opened to the ridge. Chinese cabbage can be damaged by insects if rain shelter is opened completely as revealed a field. To prevent this, farmers can install an insect-proof net. Further, the greenhouse can be damaged by typhoon while growing Chinese cabbage therefore the effect of an insect-proof net on structural safety has been analyzed. And then structural safety has been analyzed through using flow-structure interaction method at the wind condition of $40m{\cdot}s^{-1}$. And it assumed that wind applied perpendicular to side of the rain shelter which was covered by insect-proof net. The results indicated that plastic film was directly affected by wind therefore high pressure occurred on the surface. But wind load on insect-proof net was smaller than on plastic film and pressure distribution was also uniform. The results of structural analysis by applying pressure data extracted from flow analysis indicated that the maximum stress occurred at the end of pipe which is the ground part and the value has been 54.6MPa. The allowable stress of pipe in the standard of structural safety must be 215 MPa or more therefore structural safety of this rain shelter is satisfied.

Growth and Survival of the Spat of Arkshell, Scapharca broughtonii in Intermediate Culture with Different Shape of Protective Net and Type of Preventive Net of Spat Loss (피조개, Scaphara broughtonii 부착치패의 중간양성시 보호망 형태와 유실방지망 종류에 따른 성장과 생존)

  • Kim, Byeong-Hak;Shin, Yun-Kyung;Park, Ki-Yeol;Choi, Nack-Joong;Oh, Bong-Se;Min, Byeong-Hee
    • The Korean Journal of Malacology
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    • v.24 no.2
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    • pp.131-136
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    • 2008
  • Growth and survival of the spat of arkshell, Scapharca broughtonii were investigated for the improvement of survival in intermediate culture with different shape of protective net and type of preventive net of spat loss. The growth performance of the spat of arkshell was observed for 60 days by using different forms of protective net, as the exposure form with an average shell length of $12.8{\pm}3.2$ mm(P<0.05), the fish pot form with $12.2{\pm}3.5$ mm, the cylinder form with $11.9{\pm}3.8$ mm and the last one is the rectangular form with $10.9{\pm}3.7$ mm. Their numerical value did not show any marked difference with each other. But in case of survival rate, the fish pot form showed highest survival rate which is 43.7% and the significantly lowest was showed by the exposure form, which is 5.4%(P<0.05). The cylinder form and rectangular form showed 41.2 and 31.6% respectively. And then the growth of the spat of arkshell was observed for 163 days by rearing in a sort of preventive net, the first group was in a blackout curtain with average shell length of $13.9{\pm}3.1$ mm, the next group was in a balsam pear net with $12.9{\pm}3.0$ mm, in a polyethylene net with $11.8{\pm}3.1$ mm and the control with $12.6{\pm}3.3$ mm which was not installed by preventive net of spat loss. The survival rate was 91.5% in a blackout curtain, 90.1% in a polyethylene net, 88.5% in a balsam pear net and 61.5% in a controlled group. It is seen that the highest growth and survival rate were observed in a fish pot form and cylinder form. These results were a little bit difference from those of the spat of arkshell cultured in the form of different preventive nets. There was no significant difference in survival rate in relation to the sorts of preventive net against carrying-away, but there was a difference in survival rate by more than 30% as against the non-installed controlled group. We expect that survival rate would be highly improved in intermediate culture carried out with fish pot form and cylinder form of protective net and preventive net of spat loss.

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Perspective of breaking stagnation of soybean yield under monsoon climate

  • Shiraiwa, Tatsuhiko
    • Proceedings of the Korean Society of Crop Science Conference
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    • 2017.06a
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    • pp.8-9
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    • 2017
  • Soybean yield has been low and unstable in Japan and other areas in East Asia, despite long history of cultivation. This is contrasting with consistent increase of yield in North and South America. This presentation tries to describe perspective of breaking stagnation of soybean yield in East Asia, considering the factors of the different yields between regions. Large amount of rainfall with occasional dry-spell in the summer is a nature of monsoon climate and as frequently stated excess water is the factor of low and unstable soybean yield. For example, there exists a great deal of field-to-field variation in yield of 'Tanbaguro' soybean, which is reputed for high market value and thus cultivated intensively and this results in low average yield. According to our field survey, a major portion of yield variation occurs in early growth period. Soybean production on drained paddy fields is also vulnerable to drought stress after flowering. An analysis at the above study site demonstrated a substantial field-to-field variation of canopy transpiration activity in the mid-summer, but the variation of pod-set was not as large as that of early growth. As frequently mentioned by the contest winners of good practice farming, avoidance of excess water problem in the early growth period is of greatest importance. A series of technological development took place in Japan in crop management for stable crop establishment and growth, that includes seed-bed preparation with ridge and/or chisel ploughing, adjustment of seed moisture content, seed treatment with mancozeb+metalaxyl and the water table control system, FOEAS. A unique success is seen in the tidal swamp area in South Sumatra with the Saturated Soil Culture (SSC), which is for managing acidity problem of pyrite soils. In 2016, an average yield of $2.4tha^{-1}$ was recorded for a 450 ha area with SSC (Ghulamahdi 2017, personal communication). This is a sort of raised bed culture and thus the moisture condition is kept markedly stable during growth period. For genetic control, too, many attempts are on-going for better emergence and plant growth after emergence under excess water. There seems to exist two aspects of excess water resistance, one related to phytophthora resistance and the other with better growth under excess water. The improvement for the latter is particularly challenging and genomic approach is expected to be effectively utilized. The crop model simulation would estimate/evaluate the impact of environmental and genetic factors. But comprehensive crop models for soybean are mainly for cultivations on upland fields and crop response to excess water is not fully accounted for. A soybean model for production on drained paddy fields under monsoon climate is demanded to coordinate technological development under changing climate. We recently recognized that the yield potential of recent US cultivars is greater than that of Japanese cultivars and this also may be responsible for different yield trends. Cultivar comparisons proved that higher yields are associated with greater biomass production specifically during early seed filling, in which high and well sustained activity of leaf gas exchange is related. In fact, the leaf stomatal conductance is considered to have been improved during last a couple of decades in the USA through selections for high yield in several crop species. It is suspected that priority to product quality of soybean as food crop, especially large seed size in Japan, did not allow efficient improvement of productivity. We also recently found a substantial variation of yielding performance under an environment of Indonesia among divergent cultivars from tropical and temperate regions through in a part biomass productivity. Gas exchange activity again seems to be involved. Unlike in North America where transpiration adjustment is considered necessary to avoid terminal drought, under the monsoon climate with wet summer plants with higher activity of gas exchange than current level might be advantageous. In order to explore higher or better-adjusted canopy function, the methodological development is demanded for canopy-level evaluation of transpiration activity. The stagnation of soybean yield would be broken through controlling variable water environment and breeding efforts to improve the quality-oriented cultivars for stable and high yield.

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The Cosmetic Operation without Healing Purpose - A comparative insight into the ruling of BSG and BGH - (미용성형의료 - 우리 판결례와 독일 판결례의 비교·분석적 소고 -)

  • Ahn, Bup-Young
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.3-82
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    • 2015
  • This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

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Legal status of Priave Transaction Regarding the Geostationary Satellite Orbit (지구정지궤도의 사적 거래의 국제법상 지위에 관한 연구)

  • Shin, Hong Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.239-272
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    • 2014
  • The rights and obligations of the Member States of ITU in the domain of international frequency management of the spectrum/orbit resource are incorporated in the Constitution and Convention of the ITU and in the Radio Regulations that complement them. These instruments contain the main principles and lay down the specific regulations governing the major elements such as rights and obligations of member administrations in obtaining access to the spectrum/orbit resource, as well as international recognition of these rights by recording frequency assignments and, as appropriate, any associated orbits, including the geostationary-satellite orbits used or intended to be used in the Master International Frequency Register (MIFR) Coordination is a further step in the process leading up to notification of the frequency assignments for recording in the MIFR. This procedure is a formal regulatory obligation both for an administration seeking to assign a frequency in its network and for an administration whose existing or planned services may be affected by that assignment. Regulatory problem lies in allowing administrations to fulfill their "bringing into use" duty for preserving his filing simply putting any satellites, whatever nationlity or technical specification may be, into filed orbit. This sort of regulatory lack may result in the emergence of the secondary market for satellite orbit. Within satellite orbit secondary market, the object of transaction may be the satellite itself, or the regulatory rights in rem, or the orbit registered in the MIFR. Recent case of selling the Koreasat belongs to the typical example of orbit transaction between private companies, the legality of which remains doubtedly controversial from the perspective of international space law as well as international transaction law. It must be noted, however, that the fact is the Koreasat 3 and its filed orbit is for sale.

The application of photographs resources for constructive social studies (구성주의적 사회과 교육을 위한 사진자료 활용방안)

  • Lee, Ki-Bok;Hwang, Hong-Seop
    • Journal of the Korean association of regional geographers
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    • v.6 no.3
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    • pp.117-138
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    • 2000
  • This study is, from the view point of constructive social studies which is the foundation of the 7th curriculum, to explore whether there is any viable program and to investigate it by which students, using photo resources in social studies, can organize their knowledge in the way of self-directed thinking. The main results are as follows: If it is a principle of knowledge construction process of constructive social studies that individual construction (cognitive construction) develops into communal construction(social construction) and yet communal construction develops itself, interacting with individual construction, it will be meet the objectives of social studies. In social studies, photos are a powerful communication tool. communicating with photos enables to invoke not only the visual aspects but also invisible aspects of social phenomena from photos. It, therefore, can help develop thinking power through inquiry learning, which is one of the emphasis of the 7th curriculum. Having analyzed photo resources appeared on the regional textbooks in elementary social studies, they have been appeared that even though the importance and amount of space photo resources occupy per page is big with regard to total resources, most of the photos failed to lad to self-directed thinking but just assistant material in stead. Besides, there appeared some problems with the title, variety, size, position, tone of color, visibility of the photos, and further with the combination of the photos. Developing of photo resources for constructive social studies is to overcome some problems inherent in current text books and to reflect the theoretical background of the 7th curriculum. To develop the sort of photo that can realize the point just mentioned, it would be highly preferable to provide photo database to facilitate study with homepage through web-based interaction. To take advantage of constructive photo resources, the instruction is strategized in four stages, intuition, conflict, accommodation, and equilibration stage. With the advancement of the era of image culture, curriculum developers are required to develop dynamic, multidimensional digital photos rather than static photos when develop text books.

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Adequate Standard Pot and Number of Plants Per Tree of Raising Seeding Pot on the Foxtail Millet Transplanting Culture in the Southern Province (남부지방 조 이식재배시 육묘폿트의 적정규격 및 주당본수)

  • Kim, Yong-Soon;Kim, Dong-Kwan;Choi, Jin-Gyung;Park, Heung-Gyu;Kim, Myeong-Seok;Shin, Hae-Ryoung;Choi, Gyung-Ju;Yun, Jong-Tag
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.60 no.1
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    • pp.23-28
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    • 2015
  • This study was performed to investigate the adequate standard pot and number of plants per tree of raising seeding pot on the foxtail millet transplanting culture in the southern province. Due to the various application of wellbeing-health food recently, for upbringing of the foxtail millet, millet and sorghum in minor cereals, R & D and policy support is being promoted actively. The foxtail millet growing season is so short from 90 to 130 days, and it is large variations for a growth temperature. The main results are as follows. When it comes to foxtail millet transplantation, seedling quality of 406 holes, 200 holes and 162 holes of raising seeding pot type were not all significant, and field rooting percentage is accounted for all 94 to 95%. Yield of a foxtail millet was exposed in 406holes 305 kg/10a>162holes 303 kg> 200holes 302 kg order, and it was no significance between test processing. When it's the raising seeding transplanting culture, in case of pot culture, 406holes pot culture were reduced the bed soil cost 63%, pot 50%, working hours 18% for 200holes pot. Transplanting seedling quality per a foxtail millet transplanting culture method, dry weight was high inclination as transplanting number of plant is less, and field rooting percentage displayed more than all 95%. Yield appeared to 2 plants seedling transplanting 315kg/10a> 3 plants seedling transplanting 304kg>1 plant seedling transplanting 256kg order. The projected cost per the pot-sort on the raising seeding transplanting culture of foxtail millet, the seedling transplanting culture of 406holes was reduced 40% percentages compared to 200holes as 76,230won/10a. As a result, 406holes pot and 2plants seedling transplanting culture, labor-saving culture was possible.

The Improvement Plan on Unifying from Law and Regulations Related to Radiation (방사선관계법 개정 시 용어 적용에 관한 개선 방안)

  • Jeong, Dong-Kyong;Lee, Jong-Back;Park, Myeong-Hwan
    • The Journal of Korean Society for Radiation Therapy
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    • v.18 no.1
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    • pp.7-12
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    • 2006
  • Purpose: This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Materials and Methods: Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Results: Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Conclusion: Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

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The Effectiveness of CT and MRI Contrast Agent for SUV in 18F-FDG PET/CT Scanning (18F-FDG PET/CT 검사에서 정량분석에 관한 CT와 MRI 조영제의 효과)

  • Cha, Sangyoung;Cho, Yonggwi;Lee, Yongki;Song, Jongnam;Choi, Namgil
    • Journal of the Korean Society of Radiology
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    • v.10 no.4
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    • pp.255-261
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    • 2016
  • In this study, among various factors having influence on SUV, we intended to compare and analyze the change of SUV using CT(4 type) and MRI(3 type) contrast agents which are commercialized now. We used Discovery 690 PET/CT(GE) and NEMA NU2 - 1994 PET phantom as experimental equipment. We have conducted a study as follows; first, we filled distilled water to phantom about two-thirds and injected radioisotope(18F-FDG 37 MBq), contrast agent. Second, we mixed CT contrast agent with distilled water and MRI contrast agent with that water separately. And then, we stirred the fluid and filled distilled water fully not to make air bubble. In emission scan, we had 15minutes scanning time after 40 minutes mixing contrast agent with distilled water. In transmission scan, we used CT scanning and its measurement conditions were tube voltage 120 kVp, tube current 40 mA, rotation time 0.5 sec, slice thickness 3.27 mm, DFOV 30 cm. Analyzing results, we set up some ROIs in 10th, 15th, 20th, 25th, 30th slice and measured SUVmean, SUVmax. Consequently, all images mixed 3 types of MRI contrast agent with distilled water have high SUVmean as compared with pure FDG image but there was no statistical significance. In SUVmax, they have high score and there was statistical significance. And other 4 images mixed 4 types of CT contrast agent with distilled water have significance in both SUVmean and SUVmax. Attenuation correction in PET/CT has been executed through various methods to make high quality image. But we figured out that using CT and MRI contrast agents before PET/CT scanning could make distortion of image and decrease diagnostic value. In that reason, we have to sort out the priority of examination in hospital not to disturb other examination's results. Through this process, we will be able to give superior medical service to our customers.