• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.163-177
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• 2004

Wenn man das fahrl${\"{a}}$ssige Begehungsdelikt in Bezug auf ein Niveau eines Risiko der objektiv vorhandenen tatbestandlichen Erfolgsm${\"{o}}$glichkeit und auf die n${\"{o}}$tige Sorgfaltspflicht, die die T${\"{a}}$ter nimmt, um das solches Risiko abzuhalten, berucksichtigt, ergibt sich der spezielle Fall selten bei der Person, mit dem hoch-gefahrlichen Berufszweig besch${\"{a}}$ftigt ist, auf den die bestehende Allgemeine-Theorie ${\"{u}}$ber das gafahrl${\"{a}}$ssige Begehungsdelikt gleichm${\"{a}}$ssig unanwendbar ist. Bez${\"{u}}$glich des Piloten des Milit${\"{a}}$rflugzeug ergibt sich oftmals ein bestmmter Fall, die die KontroIIe des Risiko gesch${\"{a}}$ftlich uber sein eigenes pers${\"{o}}$nliches Ermessen geht, und er nimmt die Pflicht, die notwendige milit${\"{a}}$rische Zielsetzung zuerst vor allem zu ber${\"{u}}$cksichtigen, wenn auch technisch, klimatisch und umstandehalber ein normales Niveau von Risiko ${\"{u}}$bersteigt wird und zugleich ein bedenkliches hoches Risiko mit sich gebracht wird. Aus diesem Anla${\beta}$ kann man folgem, da${\beta}$ der Pilot des Milit${\"{a}}$rflugzeug ein besonderer Fall ist, auf den die Kriterien in Bezug auf das Gebiet der Regel ${\"{u}}$ber das fahrl${\"{a}}$ssige Begehungsdelikt gleichm${\"{a}}$ssig unanwendbar sind. Und weil die Vermehrung der Gefahr des Flugzeug sofort an die Vermehrung der Gefahr seines eigenen Leben angeschlossen wird und daher es eine M${\"{o}}$glichkeit gibt, da${\beta}$ der Pilot dem Resultat eines Gefahr zum ersten Opfer f${\"{a}}$llt, ist die Regelung in der Punkt der Generalpr${\"{a}}$vention gegen das fahrl${\"{a}}$ssige Begehungsdelikt sinnlos. Und auch muB die militarpolitische Punkt, die Piloten des Milit${\"{a}}$rflugzeug gem${\"{a}}$${\beta}$ dem notwendigen Ausma${\beta}$ auszubilden und das Ausma${\beta}$ zu behalten, aktuell berucksichtigt werden.

• Korean Security Journal
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• no.10
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• pp.293-322
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• 2005

The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• Korean Journal of Environment and Ecology
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• v.26 no.2
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• pp.186-191
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• 2012

The Chinese Sparrowhawk($Accipiter$ $soloensis$) is the most common breeding raptor in Korea, but its spatial use in the breeding season has been poorly documented. Therefore, to estimate the territory and home range sizes of breeding sparrowhawks, six territorial males(four in 2005 and two in 2006) were observed from June to July in Gyeonggi Province, the Republic of Korea. Main perches, which were used repeatedly(more than three times) or where apparent territorial behaviors were observed, were identified and the locations were analyzed by GIS software. According to the 100% Minimum Convex Polygons which were identified from $25.2{\pm}5.3$ perches, Chinese Sparrowhawks occupied $4.62{\pm}0.90$ ha for breeding territories and used $22.57{\pm}5.12$ ha for their home ranges. These estimates showed larger spatially occupied areas than those in one previous report, but this study suggests that Chinese Sparrowhawks intensively use small areas throughout the breeding season. This result also implies that the sparrowhawks have the potential to be significantly affected by any habitat changes and resource exploitation in the small areas(particularly in small rice paddies of 0.6-2.0 ha) which they largely rely on for food. Although this study was based on observations solely for territory size estimations, this study may be worthwhile as preliminary pilot research for Chinese Sparrowhawk conservation, management, and further studies.

• Korean Journal of Construction Engineering and Management
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• v.17 no.1
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• pp.119-127
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• 2016

Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.83-107
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• 2019

This article focuses on §10 of Criminal Act of the Republic of Korea to discuss how to determine criminal responsibility of a perpetrator suffering from mental disorders, while reviewing existing process and standards of mental examination at each stage of the criminal procedure as well as exploring suggestions regarding how they should be complied. The determination of the sanity or criminal responsibility of the mentally ill as defined in the §10 of Criminal Act, by its nature, cannot be approached with a traditional, clear-cut dichotomy of biology by medical practitioner and psychology·normative science by lawyer. Looking into the actual procedure of determining mental and physical disorder with special consideration of mental illness reveals the inevitability of collaboration between lawyers and psychiatrists. In the meantime, the process and standards of mental examination at each stage of the criminal procedure must be definitive and clear. First of all, during the investigation stage, examination prior to prosecution should be more actively encouraged, considering that judging sanity of the perpetrator at the time of committing a criminal act is important. During the trial stage, the mandatory examination must be conducted depending on the sensitivity and gravity of the case. Next, medical examination to determine criminal responsibility and the one to order treatment and custody must be separately conducted in order to properly execute medical treatment and custody. Obligatory mental examination could be considered both during the stage of request for and execution of the treatment and custody. Lastly, the procedure of examination and format of examination documents need to be standardized for better objectivity and reliability.

• Journal of Legislation Research
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• no.44
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• pp.689-723
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• 2013

Suicide is Korea's first leading cause of death in their twenties and thirties. at a rate of 31.2 per 100,000 in 2010. The Korea suicide rate is over twice higher than OECD's average rate. Because of this reality the suicide prevention act(full title, the Act on Prevention of Suicide and Creation of Culture that Respects Life) was enacted in 2011. In 2008, the Korean government planned the suicide prevention programs to decrease the incidence of suicide to approximately 20 per 100,000 by the end of 2013. Despite the plan the suicide rate in Korea has increased to over 30 per 100,000 since 2009 and the plan was proved to be failed. Consequently, the government was unable to lower the suicide rate in last decade. It has shown that the reduction of suicide rate is a difficult and complex problem. This study shows that the root cause of suicide is based on social and legal exclusion and proposes that suicide prevention measures should be aimed at social cohesion and legal protection.

• Korean Journal of Materials Research
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• v.6 no.2
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• pp.166-174
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• 1996

경제적이고 단순성의 공정특성을 갖는 닥터 블레이드법을 이용하여 평판형 고체산화물 연료전지의 고체전해질용 이트리아 안정화 지르코니아 박막을 제조하였다. 슬러리의 최적 제조조건과 그린 필름의 최적 소성조건을 얻었으며, 이 제조 조건에서 제조된 전해질의 결정구조, 미세구조 그리고 전기적 성질을 각각 X-선 회절, 주사전자현미경 그리고 교류 임피던스 분석기를 이용하여 조사하였다. 동량의 8mol% 이트리아를 첨가한 경우, 닥터 블레이드법에 의해 제조된 이트리아 안정화 지르크니아 박막은 금형가압성형법에 의해 제조된 이트리아 안정화 지르코니아 펠렛과 거의 비슷한 전기전도도를 나타내었다. 닥터 블레이드법에 의해 제조된 이트리아 안정화 지르크니아 박막의 경우, 8mol%이트리아를 첨가한 경우의 전도도가 3mol%이트리아를 첨가한 경우 보다 993K 이상과 523K 8mol% 이트리아를 첨가한 경우의 전도도가 3mol%이트리아를 첨가한 경우의 전도도가 3mol%이트리아를 첨가한 경우 보다 993K이상과 523K이하의 온도에서는 더 높고, 523-933K사이의 온도구간에서는 낮게 나타났다. 게다가, 모든 시편에 있어서 전체 전도도에 대한 벌크 전도도의 기여도에 대한 기여도보다 더 크게 나타났다.

• Transactions of the Korean Society of Automotive Engineers
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• v.19 no.1
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• pp.45-50
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• 2011

Hot-Press-Forming (HPF), an advanced sheet metal forming method using stamping at a high temperature of about $900^{\circ}C$ and quenching in an internally cooled die set, is one of the most successful forming process in producing crash-resistant parts such as pillars and bumpers with complex shape, ultrahigh strength, and minimum springback. To optimize conditions of a forming quality in HPF process and secure a safe product without any failures, such as fractures and wrinkling, the simulations based on the coupled thermo-mechanical analysis for a hot-press-formed lower control arm are applied with Taguchi's orthogonal array experiment. Three factor variables - the friction coefficient, blank shape, and hole location for burring - are selected to be optimized. The most effective condition of a forming quality for a hot-press-formed lower control arm is suggested. The simulation results are confirmed with experimental ones.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.24 no.1
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• pp.87-95
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• 2011

A rational method for determination of initial cable forces in cable-stayed bridges without complicated nonlinear analysis is presented. Initial shape analysis for cable-stayed bridges should be able to find optimizated initial cable forces and unstrained length that minimize deflection and vending moments of the deck and pylon. A presented method utilizing the idea of force equilibrium organizes initial shape analysis for each types of cable-stayed bridges. The results of that analysis were compared to several existing methods for 2D numerical examples. And for 3D actual bridges, the improved TCUD method was performed to demonstrate the accuracy of this study.