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Review on the Legal Status and Personality of International Organization Hosted in Korea - In Case of AFoCO Secretariat - (글로벌시대 국내유치 국제기구의 법인격 - 한·아시아산림협력기구(AFoCO) 사무국의 사례를 중심으로 -)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.211-239
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    • 2013
  • In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

Long-term Oxygen Therapy for Chronic Respiratory Insufficiency: the Situation in Korea after the Health Insurance Coverage: a Multi-center Korean Survey -Study for the Development and Dissemination of the COPD Guidelines, Clinical Research Center for Chronic Obstructive Airway Disease- (가정산소치료의 보험급여 실시 이후 처방 실태: 다기관 조사 -만성기도폐쇄성질환 임상연구센터 제3세부과제 만성기도폐쇄성질환 진료지침 개발/보급 연구-)

  • Park, Myung Jae;Yoo, Jee-Hong;Choi, Cheon Woong;Kim, Young Kyoon;Yoon, Hyoung-Kyu;Kang, Kyung Ho;Lee, Sung Yong;Choi, Hye Sook;Lee, Kwan Ho;Lee, Jin Hwa;Lim, Sung-Chul;Kim, Yu-Il;Shin, Dong Ho;Kim, Tae Hyun;Jung, Ki-Suck;Park, Yong Bum
    • Tuberculosis and Respiratory Diseases
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    • v.67 no.2
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    • pp.88-94
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    • 2009
  • Background: From November 2006, The national health insurance system in the Republic of Korea began to cover prescribed long-term oxygen therapy (LTOT) in patients with chronic respiratory insufficiency. This study examined the current status of LTOT after national health insurance coverage. Methods: Between November 1, 2006 and June 30, 2008, the medical records of patients who were prescribed LTOT by chest physicians were reviewed. The data was collected from 13 university hospitals. Results: 197 patients (131 male and 66 female) were prescribed LTOT. The mean age was 64.3${\pm}$13.0 years. The most common underlying disease was chronic obstructive pulmonary disease (n=103, 52.3%). Chest physicians prescribed LTOT using arterial blood gas analysis or a pulse oxymeter (74.6%), symptoms (14%), or a pulmonary function test (11.2%). The mean oxygen flow rate was 1.56${\pm}$0.68 L/min at rest, 2.08${\pm}$0.91 L/min during exercise or 1.51${\pm}$0.75 L/min during sleep. Most patients (98.3%) used oxygen concentrators. Only 19% of patients used ambulatory oxygen supplies. The oxygen saturation before and after LTOT was 83.18${\pm}$10.48% and 91.64${\pm}$7.1%, respectively. After LTOT, dyspnea improved in 81.2% of patients. The mean duration of LTOT was 16.85${\pm}$6.71 hours/day. The rental cost for the oxygen concentrator and related electricity charges were 48,414${\pm}$15,618 won/month and 40,352${\pm}$36,815 won/month, respectively. Approximately 75% of patients had a regular visit by the company. 5.8% of patients had personal pulse oxymetry. 54.9% of patients had their oxygen saturation checked on each visit hospital. 8% of patients were current smokers. The most common complaint with LTOT was the limitation of daily activity (53%). The most common complaint with oxygen concentrators was noise (41%). Conclusion: The patients showed good compliance with LTOT. However, only a few patients used an ambulatory oxygen device or had their oxygen saturation measured.

Evaluation of Filtration and Backwash Efficiency of Non-point Source Pollution Reduction Facility (장치형 비점오염원 저감시설의 여과 및 역세 효율 평가)

  • Yun, Sangleen;Lee, Yong-Jae;Ahn, Jae-Hwan;Choi, Won-Suk;Lee, Jungwoo;Oh, Hye-Cheol;Kim, Seog-Ku
    • Journal of Korean Society of Environmental Engineers
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    • v.39 no.12
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    • pp.664-671
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    • 2017
  • Non-point source pollution is the emission source that unspecifically releases pollutants to water system from unspecific places such as cities, agricultural lands, mountains, and construction sites and its discharge path is not easily identified. Also, it is difficult to design and manage the reduction facilities for the emission quantity is primarily affected from weather conditions like rainfall. Since 2006, the significance of non-point source pollution reduction has been grown in Republic of Korea and this reinforces needs for the installation of reduction facilities. However, because the standards for the installation details and reduction efficiency are not clarified by law, people are preferring technologies that do not require particular maintenance and high expenses. The purpose of this study is to examine and maintain the efficiency of non-point source pollutants reduction facility which uses expended polypropylene as a media. The higher the depth of the media, the less range of variations in the reduction efficiency was observed and the final efficiency was also increased. When the media depth was 60 cm, the average reduction efficiency was 94% and 90% where linear velocities were 10 m/hr and 20 m/hr respectively. The results from 180 minutes operation in 10 m/hr and 20 m/hr of linear velocities were slightly different in head loss changes which were caused by media depth variations. The backwash experiments which were conducted in triplicate showed the reduction efficiency decreased as the time went on because of the media clogging. However, it was found that after the backwashing the reduction efficiency was increased as effective as the efficiency of the initial filtration.

Long-Term Survival Outcomes of Elderly Patients Treated With S-1 or Capecitabine Plus Oxaliplatin for Stage II or III Gastric Cancer: A Multicenter Cohort Study

  • Choi, Seohee;Min, Jae-Seok;Jeong, Sang-Ho;Yoo, Moon-Won;Son, Young-Gil;Oh, Sung Jin;Kim, Jong-Han;Park, Joong-Min;Hur, Hoon;Jee, Ye Seob;Hwang, Sun-Hwi;Jin, Sung-Ho;Lee, Sang Eok;Lee, Young-Joon;Seo, Kyung Won;Park, Sungsoo;Lee, Chang Min;Kim, Chang Hyun;Jeong, In Ho;Lee, Han Hong;Choi, Sung Il;Lee, Sang-Il;Kim, Chan-Young;Chae, Hyundong;Son, Myoung-Won;Pak, Kyung Ho;Kim, Sungsoo;Lee, Moon-Soo;Kim, Hyoung-Il
    • Journal of Gastric Cancer
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    • v.22 no.1
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    • pp.67-77
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    • 2022
  • Purpose: Tegafur/gimeracil/oteracil (S-1) and capecitabine plus oxaliplatin (CAPOX) are standard adjuvant chemotherapies (ACs) administered after gastrectomy to patients with stage II or III gastric cancer. However, the efficacy of AC in elderly patients remains unclear. The objective of this retrospective multicenter cohort study was to compare the efficacies of S-1 and CAPOX AC in patients aged ≥70 years. Materials and Methods: Nine hundred eighty-three patients who were treated with AC using S-1 (768 patients) or CAPOX (215 patients) were enrolled in this study. Each patient underwent AC after curative gastrectomy for stage II or III gastric cancer at one of 27 hospitals in the Republic of Korea between January 2012 and December 2013. Relapse-free survival (RFS) and overall survival (OS) were analyzed according to AC regimen and age group. Results: Of the 983 patients, 254 (25.8%) were elderly. This group had a similar RFS (P=0.099) but significantly poorer OS (p=0.003) compared with the non-elderly group. Subgroup analysis of the non-elderly group revealed no AC-associated differences in survival. Subgroup analysis of the elderly group revealed significantly better survival in the S-1 group than in the CAPOX group (RFS, P<0.001; OS, P<0.001). Multivariate analysis revealed that the CAPOX regimen was an independent poor prognostic factor for RFS (hazard ratio [HR], 1.891; 95% confidence interval [CI], 1.072-3.333; P=0.028) and OS (HR, 2.970; 95% CI, 1.550-5.692; P=0.001). Conclusions: This multicenter observational cohort study found significant differences in RFS and OS between S-1 and CAPOX AC among patients with gastric cancer aged ≥70 years.

Characteristics of Water- and Foodborne Disease's Reports in Korea National Notifiable Infectious Disease Surveillance System, 2012-2021 (2012-2021 전수감시 대상 수인성·식품매개감염병의 발생 신고 특징)

  • Jisu Won;Bryan Inho Kim;Hyungjun Kim;Jin Gwack;Hae-Sung Nam
    • Journal of agricultural medicine and community health
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    • v.48 no.2
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    • pp.132-143
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    • 2023
  • Objectives: We aimed to describe the reporting patterns of 6 notifiable surveillance diseases in the Republic of Korea, including water- and foodborne infections, from 2012 to 2021. Methods: For the 12,296 cases that met the reporting criteria, we calculated the number of reported cases, including the number of cases confirmed by lab tests or suspected by a physician, the number of cases with delayed reporting and their average days of delay, and the median days required to report the confirmatory test results. Results: The overall number of reported cases consistently increased over the ten years, with a significant rise in the reported cases of typhoid fever, paratyphoid fever, and EHEC. Ninety-five percent of all reported cases were timely reported within one day of diagnosis. Vibrio vulnificus had the highest rate of delayed reporting (6.8% delayed over 1 day, 3.0% delayed over 3 days), while cholera had the lowest rate (1.9% delayed over 1 day, 0.1% delayed over 3 days). The average days of delayed reporting was 6.1 days: the highest for paratyphoid fever (10.8 days) and the lowest for cholera (2.7 days). For typhoid fever and paratyphoid fever, there has been an increase in the proportion of cases with negative test results. For vibrio vulnificus, there has been an increase in the proportion of cases with confirmed positive test results. As for EHEC, there has been a recent increase in cases with no confirmatory tests. Conclusions: Reported cases of water- and foodborne infectious diseases increased, indicating improved surveillance system completeness. However, for paratyphoid fever, improvements are needed in terms of timely notification by healthcare facilities and timely reporting of confirmatory test results.

Development of cordycepin fortified meat production in Hanwoo steers I. Determination of the chemical composition and safety of Cordyceps militaris from grain or pupae and Paecilomyces tenuipes (Cordycepin 강화 한우고기 생산에 관한 연구 I. 곡립기주 동충하초 균사체의 화학적 성분 및 안전성 조사)

  • Kim, W.Y.;Lee, S.H.;Kim, D.H.;Lee, J.H.;Nho, W.G.;Hwang, J.H.;Yeo, J.M.
    • Journal of Practical Agriculture & Fisheries Research
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    • v.11 no.1
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    • pp.35-51
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    • 2009
  • Three different Cordyceps militaris(Paecilomyces tenuipes and Cordyceps militaris from grain or pupae) were analysed for their chemical composition, fatty acids composition and the concentration of amino acids, cordycepin and heavy metal to obtain basic information on them as feed supplements for livestock. The crude protein content of C. militaris from grain and pupae was 76.16 and 75.45%, respectively, being higher than that of P. tenuipes(57.21%). The concentration of linoleic acid was much higher but that of linolenic acid was much lower for C. militaris from grain than for the others. The cordycepin content was significantly higher for C. militaris from grain than for that from pupae (1.64% vs 0.68% on a DM basis). But cordycepin was not detected in P. tenuipes. Heavy metal contents(Cr, Pb, Cd, Hg) for all C. militaris were below the allowance levels recommended by Ministry of Agriculture and Forestry in Republic of Korea.

Performance Evaluation of Monitoring System for Sargassum horneri Using GOCI-II: Focusing on the Results of Removing False Detection in the Yellow Sea and East China Sea (GOCI-II 기반 괭생이모자반 모니터링 시스템 성능 평가: 황해 및 동중국해 해역 오탐지 제거 결과를 중심으로)

  • Han-bit Lee;Ju-Eun Kim;Moon-Seon Kim;Dong-Su Kim;Seung-Hwan Min;Tae-Ho Kim
    • Korean Journal of Remote Sensing
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    • v.39 no.6_2
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    • pp.1615-1633
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    • 2023
  • Sargassum horneri is one of the floating algae in the sea, which breeds in large quantities in the Yellow Sea and East China Sea and then flows into the coast of Republic of Korea, causing various problems such as destroying the environment and damaging fish farms. In order to effectively prevent damage and preserve the coastal environment, the development of Sargassum horneri detection algorithms using satellite-based remote sensing technology has been actively developed. However, incorrect detection information causes an increase in the moving distance of ships collecting Sargassum horneri and confusion in the response of related local governments or institutions,so it is very important to minimize false detections when producing Sargassum horneri spatial information. This study applied technology to automatically remove false detection results using the GOCI-II-based Sargassum horneri detection algorithm of the National Ocean Satellite Center (NOSC) of the Korea Hydrographic and Oceanography Agency (KHOA). Based on the results of analyzing the causes of major false detection results, it includes a process of removing linear and sporadic false detections and green algae that occurs in large quantities along the coast of China in spring and summer by considering them as false detections. The technology to automatically remove false detection was applied to the dates when Sargassum horneri occurred from February 24 to June 25, 2022. Visual assessment results were generated using mid-resolution satellite images, qualitative and quantitative evaluations were performed. Linear false detection results were completely removed, and most of the sporadic and green algae false detection results that affected the distribution were removed. Even after the automatic false detection removal process, it was possible to confirm the distribution area of Sargassum horneri compared to the visual assessment results, and the accuracy and precision calculated using the binary classification model averaged 97.73% and 95.4%, respectively. Recall value was very low at 29.03%, which is presumed to be due to the effect of Sargassum horneri movement due to the observation time discrepancy between GOCI-II and mid-resolution satellite images, differences in spatial resolution, location deviation by orthocorrection, and cloud masking. The results of this study's removal of false detections of Sargassum horneri can determine the spatial distribution status in near real-time, but there are limitations in accurately estimating biomass. Therefore, continuous research on upgrading the Sargassum horneri monitoring system must be conducted to use it as data for establishing future Sargassum horneri response plans.

A Comment on the Standard for International Jurisdiction to foreign-related cases by the employment contract and tort in Air crash (항공기사고에서 국제근로계약과 불법행위의 국 제재판관할권 판단기준)

  • Cho, Jeong-Hyeon;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.73-98
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    • 2016
  • This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

Public Perception on Non-native Species: Based on the News Articles about the Alligator Snapping Turtle (Macrochelys temminckii) (외래생물에 대한 대중의 문제 인식: 악어거북 뉴스 기사를 바탕으로)

  • Kim, Hyunjung;Park, Seoung-Min;Jang, Yikweon;Koo, Kyo Soung
    • Korean Journal of Environment and Ecology
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    • v.34 no.5
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    • pp.396-401
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    • 2020
  • As the world becomes more globalized, the non-native species issue has emerged as a problem that is growing internationally. In particular, the number of non-native turtles found in the wild has been increasing sharply in South Korea. At least 15 species of non-native turtles, including the red-eared slider (Trachemys scripta elegans) first imported in the 1970s, have been found in Korea. On October 15, 2019, an alligator snapping turtle (AST, Macrochelys temminckii) was found in a stream located in Gwangju city, South Korea. The discovery of AST became a big issue in South Korea as the animal is known for its large body size and aggressiveness and was featured widely in the mass media. In this study, to learn the public's perception of non-native species, we examined comments (opinions) to the online news articles about the AST. We collected 1,100 comments from the Internet news articles on the AST. Out of the 1,100 comments, 342 (31.1%) comments were related to non-native species' issues. Most of the respondents (97.7%, n=334) stated that the non-native species are a problem. Forty two comments mentioned potential threats posed by non-native species: non-native species' aggressive nature (n=11, 26.2%) and ecological disturbance (n=31, 73.8%). Lack of responsibility (n=122, 51.7%) was the major causative factor for the introduction of non-native species, and followed by indiscriminate pet trade (n=99, 42.0%), absence of relevant legislation (n=13, 5.5%), and absence of treatment (n=2, 0.8%). Animal registration (n=59, 45.7%) was the most commonly mentioned as the way to deal with the issue of the non-native species' invasion. Our results show that the public is aware of the seriousness of the invasion of non-native species, including AST. This study highlights that researchers and government officials need to consider the public's perception and opinions. We believe that our study can serve as an essential reference for the policy direction and the management of non-native species.

Research Trend of Estuarine Ecosystem Monitoring and Assessment (국내 하구 수생태계 현황 및 건강성 조사의 성과와 하구 생태계의 국외 연구동향)

  • Won, Doo-Hee;Lim, Sung-Ho;Park, Jihyung;Moon, Jeong-Suk;Do, Yuno
    • Korean Journal of Ecology and Environment
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    • v.55 no.1
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    • pp.1-9
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    • 2022
  • An estuary is an area where a freshwater river or stream meets the ocean. Even before the importance of the value of estuaries was recognized, the estuary was lost because of large-scale conversion by draining, filling, damming, and dredging. In South Korea, 643 estuaries are located, and the total area is 3,248,300 ha, accounting for 32.5% of the total area of South Korea. Over 35% of Korean estuaries are closed estuaries which are only temporally connected with the sea, either permanently or periodically. Since 2008, in order to preserve the estuary ecosystem and solve major issues in the estuary by accumulating knowledge about the estuarine ecosystem, the Ministry of Environment of Republic of Korea has been conducting the "Estuarine Ecosystem Monitoring and Assessment Project". At 668 sites of 325 estuaries, epilithic diatom, benthic macroinvertebrate, fish, and vegetation are investigated, and the habitat condition of each site is evaluated using the newly developed biotic index. More than 100 researchers annually record 2,097 species of estuaries according to the standardized survey guidelines over the past 14 years and provide strictly managed data necessary for establishing estuaries conservation policies. As a result of bibliometric analysis of 1,195 research articles related to the monitoring and assessment of the estuarine ecosystem, research on pollutants such as heavy metals and sediment control have recently been conducted. "Estuarine Ecosystem Monitoring and Assessment Project" is an ecological monitoring type of long-term mandated monitoring that is usually focused on identifying trends. Although it is difficult to identify the mechanism influencing a change in an ecosystem through long-term mandated monitoring, providing empirical data for supporting evidence-based policy, decision-making, and the management of ecosystems. In order to increase the efficiency of the project, research to investigate the relationship between sediments and pollutants and organisms can be conducted at specific estuaries or sites to compensate for the shortcomings of mandatory monitoring.