• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.26 no.8
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• pp.690-698
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• 2015

In this paper, we propose a policy orientation for human effects on EMF according to the increasing number of devices which use electromagnetic waves. In particular, we conducted the analysis of the concept of the precautionary principle in advanced foreign countries and case studies which are being applied to the criteria more strict than international standards of protection for vulnerable groups. Futhermore, we analyzed the regulations of the EMF safety zone on KynungGi-Do Regional Council which is not valid in terms of constitutional principles such as superior constitutional and rerservations law principles. In conclusion, we propose to amend or modify any law for vulnerable groups and to implement the EMF-related policy on based Radio Wave Act.

• The Magazine for Energy Service Companies
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• s.32
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• pp.38-51
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• 2005

ESCO는 매우 특수한 제도이므로 팩토링 및 회계처리의 근거자료를 확보해 놓을 필요가 있다. 특히 관공서와 ESCO사업을 실시할 경우, 계약서에 에너지절약시설의 소유권 이전을 대금상환 완료시까지 회사에 유보하는 것을 명시하여 관공서 ESCO사업은 ''장기할부거래''로, 일반 ESCO사업은 ''일반원칙거래''로 개념을 정리, 회계에 적용해야 한다. 또한 ESCO사업을 ''용역거래''가 아닌 ''건설공사''로 인식하고 있는 세무공무원이 있다는 점을 감안, 회사매출액을 ''용역매출'' 또는 ''엔지니어링매출''로 표현하여 건설공사로 볼 소지를 차단해야 한다.

• 월간 기계설비
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• s.289
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• pp.72-74
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• 2014

대한설비건설협회는 해외건설 현장의 불공정 하도급거래 관행을 개선코자 제18대 대통령직 인수위원회 및 국토교통부, 공정거래위원회 등 관련 부처에 해외건설업 표준하도급계약서 제정을 건의해 왔다. 특히 Back to Back 원칙(발주자와 원도급자간 계약내용을 하도급계약에 적용)에 따른 하도급 대가 유보행위와 계약금액조정 불인정 등 각종 불공정한 하도급계약 조건으로 인한 회원사의 피해를 방지할 수 있는 해외건설업 표준하도급계약서 제정을 추진했다. 그 결과 국토교통부와 공정거래위원회가 공동으로 우리협회 의견이 반영된 '해외건설업 표준하도급계약서'를 제정하고 지난 7월 3일부터 시행에 들어갔다.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.69-105
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• 2020

In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.

• The Korean Journal of Financial Studies
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• v.12 no.1
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• pp.127-161
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• 2006

본 연구는 미국과 유럽의 채권 전자거래에 대한 제도를 분석한 후, 우리나라의 채권 전자거래에 대해 시사점을 제시하고자 한다. 본 연구의 결과는 다음과 같이 요약된다. 첫째, 미국과 유럽에선 채권 전자거래 시스템(Electronic Trading System, 이하 ETS)의 영업행위가 원칙적으로 증권 중개업의 관점에서 규제된다. 이러한 방향의 규제 체계는 다양한 형태의 채권 ETS가 등장할 수 있도록 하여 채권시장의 발전에 기여한다. 둘째, 우리나라의 $\ulcorner$한국증권선물거래소법$\lrcorner$ 15조 2항 및 $\ulcorner$증권거래법시행령$\lrcorner$ 84조의27 6항은 다양한 형태의 채권 ETS의 등장을 원천적으로 봉쇄함으로써 채권시장의 발전을 저해하고 있다. 셋째, 현행 $\ulcorner$한국증권선물거래소법$\lrcorner$ 15조 2항은 주식 및 선물거래에 대해서 계속 적용하되 채권거래에 대해서는 그 적용이 유보될 필요가 있다. 이를 통하여 $\ulcorner$한국증권선물거래소법$\lrcorner$은 주식시장을 활성화 시키는 순기능을 유지하면서 채권 ETS의 등장을 원천적으로 봉쇄하는 역기능을 피할 수 있다. 넷째, $\ulcorner$한국증권선물거래소법$\lrcorner$ 15조 2항이 채권거래에 대해서 적용되지 않는다면, $\ulcorner$증권거래법시행령$\lrcorner$ 84조의27 6항은 삭제되어야 하며, 대신에 증권거래법은 채권 ETS의 활동 범위와 요건을 정의해 주어야 한다. 채권 ETS의 활동은 원칙적으로 증권업자의 중개활동으로 간주되어야 한다. 채권 ETS의 중개 규모가 일정 수준을 넘어설 경우 거래소에 준하는 보고, 공시 및 감시 요건이 부과되는 것이 바람직하다. 다섯째, 채권시장의 효율성을 강화하기 위해서 채권 ETS에 대해서 적용되는 투명성 강화, 시장분할 방지, 공정거래 등에 대한 규제는 거래 대상의 특성에 따라서 탄력적으로 조정될 수 있어야 한다.

• Journal of Legislation Research
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• no.54
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• pp.39-69
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• 2018

In $j{\ddot{u}}ngster$ Zeit wird eine Fiktion im Verwaltungsrecht als essentielles Instrument $f{\ddot{u}}r$ Deregulierung sowie Verwaltungsvereinfachung mehr und mehr ins Feld $gef{\ddot{u}}hrt$ und ihre Erweiterung gefordert, weil sie in der Regel auf das Zeitsparen durch Verfahrenswegfall zielt. In Deutschland $erh{\ddot{o}}hte$ sich eine Bedeutung der Genehmigungsfiktion, indem sie durch 4.Novelle des VwVfG, die bei der Umsetzung der Richtlinie 2006/123/EG $ben{\ddot{o}}tigt$ wurde, als ein allgemeines verwaltungsrechtliches Rechtsinstitut eingeordnet wird. In Korea gibt es $vielf{\ddot{a}}ltige$ Fiktionsmethode, $w{\ddot{a}}hrend$ im deutschen Recht die Fiktion lediglich darin besteh, nach Ablauf der festgesetzten Frist die Entscheidung bzw. den Verwaltungsakt anzunehmen. Die systematische und logische Festsetzung der Fiktionslehre in Korea ist erforderlich. Deshalb wird eine allgemeine Regel zur Fiktion durch eine Kodifikation des allgemeinen Verwaltungsgesetzes, wie VwVfG, gefordert.

• The Journal of the Korea Contents Association
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• v.5 no.3
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• pp.63-71
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• 2005

The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

• Journal of Korean Society of Environmental Engineers
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• v.34 no.2
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• pp.126-135
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• 2012

Republic of Korea designates a waste disposal site within the fishing zone administered jointly with Chin in the Yellow Sea. The issue of waste disposal at sea is subject to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter commonly called London Protocol. China, one of the contracting parties declared that if China becomes a party to a dispute concerning the interpretation and application of the Protocol, the Arbitral procedure of the Protocol shall only be applied with written consent of the Government of China according to the Article 16.5 of the Protocol at the time of its accession. The Article allows any State may declare that, when it is a party to dispute about the interpretation or application of precautionary approach or polluter pay principle, its consent will be required before the dispute may be settled by means of the Arbitral procedure of the Protocol. This paper analyzes the legal basis of Chinese declaration and its implication to parties that may be in dispute with China using international precedents of similar nature and a game theory.

• Cross-Cultural Studies
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• v.25
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• pp.391-420
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• 2011

Christina Rossetti's novella Maude displays Tractarian influences in terms of Holy Eucharist, Puseyism, and the doctrine of Reserve. Tractarianism is High Church revival movement of nineteenth century. In the story a teenage girl, Maude went through hard time receiving Holy Eucharist due to self-consciousness and internal guilt according to Puseyism. She felt guilty when she enjoyed worldly things and outward beauty. Due to guilt Maude refused to receive Holy Communion, which is complete connection to God. Her cousin, Agnes suggested that in refusing Holy Communion Maude is following her own will not God's will. Later Maude overcame Puseyite thought of self-hatred and reconciled with her identity as a poet and a woman. Maude oscillates between concealing and revealing, secrecy and truth, sincerity and affectation, and modesty and display. Her marvelous poetic talent makes people praise her but she withholds private feelings and attempts to divert attention from herself. Like Maude herself, the meaning of her poems is at times reserved and withheld. This tendency goes with the doctrine of Reserve in Tractarianism. The doctrine of Reserve utilizes indirect methods to reveal divine attributes because finite human being can not accept infinite God. The doctrine of Reserve sees to it that the expression will be veiled, indirect, subdued and self-effacing. Rossetti adapts a poetic method of Reserve when Maude has anxiety over 'display and poetry' and generates the reticence, secrecy, mystery, renunciation, modesty and detachment. According to Mary Arseneau, by veiling and expressing herself through symbols she can rise above the self and employ the phenomenal to suggest a noumenal reality. Thus the poetry becomes an expression of longing for the divine. The poem "Three Nuns" exemplifies Maude's maturity and gradual progress in the relationship with God. Rossetti suggests the vision full of hopes and promises of reuniting with God. In conclusion, in some sense, authoritative and conservative Tractarianism affects Rossetti both ways. On the one hand, it makes Rossetti abnegate herself and leads her to asceticism, on the other hand, it makes Rossetti express her faith in God and write amazing devotional poems such as "Three Nuns". A poem within the poem has three voices that are in perfect harmony. In the poem the first and second nun show hesitation to fully commit to God's will and the desire for the world prevents them from having heavenly joy. Third nun reveals spiritual maturity and sings new life in God where their hopes and joys begin. Rossetti expresses the procedure of spiritual growth through the poem "Three Nuns". For Rossetti, self-abnegation and self-expression both are involved in the doctrine of Reserve, Puseyism and Holy Communion.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.