• Title/Summary/Keyword: 보충의 원칙

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A Study on the Reconstitution of CPTED Theoretical Model - Focused on the Analysis of Sustainable Development - (CPTED 이론 모델의 재구성에 관한 연구 - 지속가능한 발전 분석을 중심으로 -)

  • Liu, He;Hong, Kwan-Seon
    • The Journal of the Korea Contents Association
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    • v.20 no.7
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    • pp.302-315
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    • 2020
  • The issue concerning how to integrate with the needs of sustainable development according to Crime Prevention Through Environmental Design(CPTED) theory still continues in the development process of the third-generation theory at the present stage. In addition, the issue is under worldwide controversy and discussion. What is more noteworthy is that the viewpoints under debate and discussion have an influence on the mutual effect and relationship between the theoretical model and the principles in the theoretical model, and the influence can never be underestimated. After a mastery of the overall context of theoretical development, it is believed in this study that the identity of CPTED theory development can provide a diverse understanding dimension and a communication method between the environment and environmental users. On the basis of identity the development of CPTED theory, the crime prevention design mode of CPTED needs to connect different dimensions of sustainability, with the design goal of livability as the starting point, the Top-down model to adjust the safety of the environment. By no means can the environmental condition be improved by solely relying on the previous physical design method in virtue of Bottom-up model. Therefore, in this study, the identity of CPTED will be set as the core combined with Top-down crime prevention design model to propose a visual proposal for the reconstitution of the theoretical model, rather than supplementing the application of the contents or principles at a certain stage. Hence, it is expected to provide reference and enlightenment for the sustainable development of CPTED theory.

A Study on the Functional Distribution of Port Hinterland Construction and Management among Governments: Focused on the Busan New Port (정부 간 항만배후단지 개발·관리 기능배분에 관한 연구: 부산항 신항 중심)

  • Kang, Yunho;Kim, Bo-Young
    • Journal of Navigation and Port Research
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    • v.42 no.3
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    • pp.227-236
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    • 2018
  • The Busan New Port and its hinterland have not operated smoothly due to the complicated laws and various related organizations. Thus, many projects involving the port are not matched with its purpose of establishment. In particular, a large-scale apartment complex, which was constructed without a negotiation among the related organizations, is disturbing the port's logistics function. Also, the construction and management of every traffic facilities are conducted by various organizations due to the functions for the facilities are dispersed among them, which has given rise to chaos and responsibility-shifting. As a result, worries about the friction among the organizations and the loss of function of the port hinterland exist. This paper analyzes the problems of inter-governmental functional distributions in the construction and management of the port hinterland of the Busan New Port based on the principles (theories) of functional distribution. In addition, this paper proposes improvements for the functional distribution. The results of the analysis indicated that the functions for housing and traffic facilities were duplicated and dispersed among organizations, resulting in an unclear division of responsibilities. Finally, the paper proposed solutions for the problems: the institutionalization of an administrative conference system among related organizations, using an integrated administration for a wide area (contracting-out, association among local governments), and establishing a special-purpose local government (association among local governments, BPA).

A Study about the efficient Control against the sexual violence in medical area (의사의 성범죄에 대한 최근 의료법 개정법률안 검토)

  • Jeong, Baekeun
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.207-229
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    • 2019
  • It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

A Study on the Recognition and disclosure of Environmental Costs (환경비용의 인식과 공시에 관한 연구)

  • Cheon, Young-Seung
    • Korean Business Review
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    • v.11
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    • pp.295-317
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    • 1998
  • Environmental accounting identifies and measures environmental costs and provides them to interested parties of corporation. The purposes of this study are as follows: First, it investigates the method of measurement and the timing of recognition of environmental costs. Second, it suggests the method of disclosure of environmental costs. In order to accomplish these objectives, this study reviewed relevant literature and studies in advanced countries and Korea. The main results of this study can be summarized into four points: (1) environmental costs are classified into environmental pollution cost and environmental pollution prevention cost, by considering the sources of occurrence of, the functions of and the types of environmental costs. (2) the methods of measurement of environmental costs are various but they almost all subjective and arbitrary. So an accurate measurement of environmental cost is actually difficult. (3) According to the accrual basis, environmental costs are recognized respective to prior period adjustments, expenses or losses of the current period and the assets of the next period. (4) There are 3 methods of disclosure of environmental costs: an extension model of financial statements, a compromise model, and an original model. An extension model financial statements is easy to apply in business practice because it discloses environmental costs by adding accounts into the framework of a traditional accounting system or supplementary reports. This research can contribute to the establishment of accounting standards for environmental costs in Korea.

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A Study on the Seasonal Pre-reserved Planning of Water Resources in Korea (수자원의 계절별 적기확보방안에 관한 연구)

  • Heo, Jun-Haeng;Song, Jae-U;Lee, Gil-Chun
    • Water for future
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    • v.16 no.2
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    • pp.111-122
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    • 1983
  • The water demand has been rapidly increased by the growth of population, industrialization, unbanization, water pollution and so on. This study carried out the seasonal pre-reserved planning for the five zones, comparing the water demand with the available water resources up to the goal year, 2001. The results of this study are as follows; 1) It is principle that the monthly water demand is supplied by the surface and ground water as the increasing tendency of it, and the deficit of water is supplemented by the water supplying capacity of dam. And water demand should be completely reserved before supplying the deficit of water. 2) The monthly and seasonal maximum deficit of water demand take place in June and summer. 3) The periods when the deficit of water demand exceeds the water supplying capacity of dam are 1984-1990, 1994-2001 in zone III. 4) To reserve the deficit of water demand in zone III, we would like to pre-construct Masan-Keumbo estuary barrage from 2001 to 1991 in Seomjin river basin, the deficit of water demand is supplied by the diversion of water from Yeongsan river basin with the developments of the ground water and small reservoirs until 1986.

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International Space Law on the Protection of the Environment (환경보호에 관한 국제 우주법연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.205-236
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    • 2010
  • This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

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The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

A Study on the Use of Police Force in the Public Assembly: Focused on the Vehicle-wall-blocking and water cannon (집회현장에서의 경찰의 물리력 사용현황과 개선방안: 차벽과 물포 사용을 중심으로)

  • Hwang, Mun-Gyu
    • Korean Security Journal
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    • no.50
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    • pp.307-337
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    • 2017
  • The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

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Monetary Penalty System and Privacy (벌금형 제도의 현대적 가치와 개인정보문제)

  • Kim, Woon-Gon
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.6
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    • pp.107-115
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    • 2015
  • A fine is defined to the criminal penalty which is slighter than imprisonment on a system of criminal penalty, but put practically a seat to imprisonment and similar strong discipline contrivance to commission agent in capitalism societies be doing. Also, did heavy commission, but the corporation time, a fine to consider the respect which cannot impose other criminal penalty, and cannot but impose fine penalty only to this corporation carries out art as important criminal penalty than the commission which a person does. But fine drawing of our country cannot carry out art scaring to criminal penalty to rich body as aggregate fine drawing, and a lot of, but do abatement duration of a fine so as same, and be most in spite of adjudication criminal sentence occupying at criminal case adjudication, and difference cannot do to an amount of a fine that is carrying well out the art. Therefore, and have to change to the daily fine systemdm which gained because of total fine system in order to carry out value as modern criminal penalty, and a few fines shall exchange to penalty payment system according to complement department canon of Penal Code, and social accusation protects individual information of low commission agent if so, can normally do art accomplishment of criminal penalty. The system that the maximum can guarantee right of defence of accused has to have to be introduced in procedural a few aspect to pronounce this and a fine. Specially, let explain necessary fact to be related to, and informal procedures understand, and introduction of drawing to be able to get from accord of accused is necessary for accused before charging to informal decree in order cannot be guaranteed right of defence this of accused while consisting in writing of whether accusation and adjudication are procedural at informal procedures, and to supplement respect.

Geological Considerations on the Planning of the Corιervation of Stone-Cultural Properties in Korea (국내 석조문화재의 보전 대책수립을 위한 지질학적 고찰)

  • Lee, Sang Hun
    • Journal of Conservation Science
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    • v.7 no.1
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    • pp.9-18
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    • 1998
  • There are about 1470 stone-cultural properties in Korea which have been registered and protected by the government. Representative of them are pagoda, stupa, stone-buddha, stele support of banner pole and stone-lanterns. Most of them have been exposed to and weathered by natural environments. Stone-cultural properties are destroyed and/or destructed mostly by weathering and its related features of rocks. Therefore, it is necessary to conduct geological studies on the weathering phenomena and related features as well as characteristics of the rock itself must be done for the conservation. Thus geological investigation should include detail measurements, rock varieties and phases, structural lineaments of the rock, cause and degree of weathering, degree and patterns of crack development structural stability, identification of reusable parts for restoration, geomorphological characteristics of the site, and etc. The interaction among these factors must be investigated and analyzed, which must be used as basic data to establish the guideline of conservation and to plan for repair and/or restoration. The conservation plan should involve parts to be repaired, method of repair, type of cementing material, the characteristics of rock phases to be supplemented, method for maintaining structural stability, and method to delay or to prevent the rock weathering.

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