• Title/Summary/Keyword: 기본원칙

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A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

Curvature stroke modeling for the recognition of on-line cursive korean characters (온라인 흘림체 한글 인식을 위한 곡률획 모델링 기법)

  • 전병환;김무영;김창수;박강령;김재희
    • Journal of the Korean Institute of Telematics and Electronics B
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    • v.33B no.11
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    • pp.140-149
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    • 1996
  • Cursive characters are written on an economical principle to reduce the motion of a pen in the limit of distinction between characters. That is, the pen is not lifted up to move for writing a next stroke, the pen is not moved at all, or connected two strokes chance their shapes to a similar and simple shape which is easy to be written. For these reasons, strokes and korean alphabets are not only easy to be changed, but also difficult to be splitted. In this paper, we propose a curvature stroke modeling method for splitting and matching by using a structural primitive. A curvature stroke is defined as a substroke which does not change its curvanture. Input strokes handwritten in a cursive style are splitted into a sequence of curvature strokes by segmenting the points which change the direction of rotation, which occur a sudden change of direction, and which occur an excessive rotation Each reference of korean alphabets is handwritten in a printed style and is saved as a sequence of curvature strikes which is generated by splitting process. And merging process is used to generate various sequences of curvature strikes for matching. Here, it is also considered that imaginary strokes can be written or omitted. By using a curvature stroke as a unit of recognition, redundant splitting points in input characters are effectively reduced and exact matching is possible by generating a reference curvature stroke, which consists of the parts of adjacent two korean alphasbets, even when the connecting points between korean alphabets are not splitted. The results showed 83.6% as recognition rate of the first candidate and 0.99sec./character (CPU clock:66MHz) as processing time.

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Teachers' Importance Perception on Elderly Housing Contents in the Housing Chapter of Middle School Technology and Home Economics Textbook (주생활단원의 노인주거 내용에 대한 교사의 중요도 인식 - 중학교 3학년 기술 가정 교과서를 중심으로 -)

  • June, Kyung-Sook
    • Journal of Korean Home Economics Education Association
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    • v.21 no.3
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    • pp.1-28
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    • 2009
  • The purpose of this research was to provide the information needed for improving the elderly housing education and the elderly housing contents of Technology and Home Economics textbook. Thus, the elderly housing contents of current Technology and Home Economics textbook were categorized. Then, a total of 233 teachers were surveyed to examine their importance perception on the elderly housing contents. Elderly housing contents were grouped into S categories, each of which was named 'safety and safety management', 'room plan for the elderly', 'shrinking stage in family life cycle and dependency stage in housing life cycle','a house for 3-generation extended family', and 'universal design'. Teachers' importance perception was generally high for 'safety and safety management' and especially for 'safety and safety management' of bathroom(protection against slippery floor, safety bar, the appropriate position and height of shower, bathtub, and wash stand) ; the basic guidelines of 'room plan for the elderly'(emergency call, closely located bathroom, flat and non-slippery floor) ; the general guidelines during shrinking stage in family life cycle and dependency stage in housing life cycle'(protection equipments against safety accident, emergency call, flat and non-slippery floor) ; independent life among 3-generation extended family members(bathroom for the elderly, space plan for independent life among extended family members) ; the basic design guidelines of universal design(safety bar in bathroom, flat floor) and the guidelines of universal design which were especially helpful for wheelchair users(enough empty space in front of door and in corridor, wide door and corridor). Recommendations for the elderly housing education and the elderly housing contents of Technology and Home Economics textbook were that 'emergency call','safety bar in bathroom' and 'flat and non-slippery floor' were the most basic guidelines for elderly housing; that 'enough empty space in front of door and in corridor', 'wide door and corridor', 'low and wide steps', 'ramp for wheelchair users' and 'D-type or lever-type door handle' were most recommendable guidelines for universal design; that 'need for elderly housing', 'types of elderly housing', 'alternatives and choices of dependency stage in housing life cycle' and 'house plans for shrinking stage in family life cycle' were required guidelines for increasing elderly-only family.

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A Study of Establishing the Plan of Lodging for the Workers of Gaesung Industrial Complex (개성공단 근로자 기숙사 건립 계획 연구)

  • Choi, Sang-Hee;Kim, Doo-Hwan;Kim, Sang-Yeon;Choi, Eun-Hee
    • Land and Housing Review
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    • v.6 no.2
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    • pp.67-77
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    • 2015
  • Now that it is the current situation that the smooth supply and demand are necessary for 2nd phase of beginning construction and stable development of Gaesung Industrial Complex, this study was willing to offer the planning criteria and model to establish the lodging for the workers in Gaesung Industrial Complex based on the agreement that both South and North Korea agreed in 2007. Regarding the plan, its standard and the alternative were reviewed considering welfare of workers, economic efficiency, technical validity, possibility of agreement and long-term development. The exclusive area per capita was calculated through Labor Standards Act of Korea and status survey of lodging for the workers provided to border line area between China and North Korea and the economic alternative based on one room for 6 persons with the public restroom was compared with that of development type based on one room for 4 persons with indoor restroom. Especially regarding the proposed site, the area with the optimized position was set by considering gradient, accessibility and convenience of development out of the area of Dongchang-ri where was agreed already and the priority of the proposed site that can keep the existing building site and provide was offered. The necessary period for whole construction was set as approximately 36 months. Regarding construction method, RC Rahmen method was selected as the optimized alternative considering the workmanship of manpower of North Korea and conditions of supply and demand of materials and cluster-type vehicle allocation plan based on 4~6 units considering the efficiency of supplying service facilities and convenient facilities along the simultaneous accommodation of 15,000 people was offered. It was analyzed that total business expenses of approximately 80~100 billion Korean Won would required though there were the difference for each alternative in the charged rental way that the development business owner develops by lending the inter-Korea Cooperation Fund and withdraws the rent by the benefit principle. The possibility of withdrawing the rent was analyzed assuming that the period of withdrawing the investment is 30 years. Especially for the operation management after moving, the establishment of the committee of operating the lodging for the workers of Gaesung Industrial Complex (tentative name) was offered with the dualized governance that the constructor takes charge of operational management, collecting fees and management of infrastructure and human resource management is delegated to North Korea.

The possibility of South Korea to become a member state of APSCO: an analysis from Legal and political perspectives (韓國加入亞太空間合作組織的可能性 : 基于法律与政策的分析)

  • Nie, Mingyan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.237-269
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    • 2016
  • Asia-Pacific Space Cooperation Organization (APSCO) is the only intergovernmental space cooperation organization in Asia. Since its establishment to date, eight countries have signed the convention and become member states. South Korea participated actively in the preparatory phase of creating the organization, and one conference organized by AP-MCSTA which is the predecessor of APSCO was held in South Korea. However, after the APSCO Convention was opened for signature in 2005 to date, South Korea does not ratify the Convention and become a member. The rapid development of space commercialization and privatization, as well as the fastest growing commercial space market in Asia, provides opportunities for Asian countries to cooperate with each other in relevant space fields. And to participate in the existing cooperation framework (e.g., the APSCO) by the Asian space countries (e.g., South Korea) could be a proper choice. Even if the essential cooperation in particular space fields is challenging, joint space programs among different Asian countries for dealing with the common events can be initiated at the first steps. Since APSCO has learned the successful legal arrangements from ESA, the legal measures established by its Convention are believed to be qualified to ensure the achievement of benefits of different member states. For example, the regulation of the "fair return" principle confirms that the return of interests from the relevant programs is in proportion to the member's investment in the programs. Moreover, the distinguish of basic and optional activities intends to authorize the freedom of the members to choose programs to participate. And for the voting procedure, the acceptance of the "consensus" by the Council is in favor of protecting the member's interest when making decisions. However, political factors that are potential to block the participation of South Korea in APSCO are difficult to be ignored. A recent event is an announcement of deploying THAAD by South Korea, which causes tension between South Korea and China. The cooperation between these two states in space activities will be influenced. A long-standing barrier is that China acts as a non-member of the main international export control mechanism, i.e., the MTCR. The U.S takes this fact as the main reason to prevent South Korea to cooperate with China in developing space programs. Although the political factors that will block the participation of South Korea in APSCO are not easy to removed shortly, legal measures can be taken to reduce the political influence. More specifically, APSCO is recommended to ensure the achievement of commercial interests of different cooperation programs by regulating precisely the implementation of the "fair return" principle. Furthermore, APSCO is also suggested to contribute to managing the common regional events by sharing satellite data. And it is anticipated that these measures can effectively response the requirements of the rapid development of space commercialization and the increasing common needs of Asia, thereby to provide a platform for the further cooperation. In addition, in order to directly reduce the political influence, two legal measures are necessary to be taken: Firstly, to clarify the rights and responsibilities of the host state (i.e., China) as providing assistance, coordination and services to the management of the Organization to release the worries of the other member states that the host state will control the Organization's activities. And secondly, to illustrate that the cooperation in APSCO is for the non-military purpose (a narrow sense of "peaceful purpose") to reduce the political concerns. Regional cooperation in Asia regarding space affairs is considered to be a general trend in the future, so if the participation of South Korea in APSCO can be finally proved to be feasible, there will be an opportunity to discuss the creation of a comprehensive institutionalized framework for space cooperation in Asia.

Study on Integrating Women's Policies in Unified Korea : Social Welfare Policy (통일한국의 여성정책 통합방안에 관한 연구 : 사회복지정책 부문)

  • Kim, Young-Lan
    • Korean Journal of Social Welfare
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    • v.36
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    • pp.39-69
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    • 1998
  • The study is to grope for the unified device of the women's welfare policy in the United Korea by considering and comparing with the women's welfare in South Korea and North Korea centering on the women's welfare law and system among the social security laws and systems in the present both countries. The both Koreas have enforced the different women's welfare policies according to the different ideologies and constitutions. But in the welfare policy women are in the secondary stage by means of the ideology of sexual devision. It, therefore, is clear that the position of the North Korean woman goes in advance of the South Korean woman in the law and system. However, they are similar to the North Korean women in the aspects of the application of law and system. That is, both of them are discriminated not only in home and labor participation, but also in social welfare. There are the patriarchal family system and sexual devision of labor under the discrimination against woman. As though the both sexes are equal in law, the welfare law and system are applicated unequally to woman because of the ideology of sexual devision and familism which family should take the primary responsibility of welfare. From this perspective the women's welfare policy of the United Korea is not just to unify both laws and systems related women's welfare, but to search for the convergence on the higher level of quality and to make the real gender-equal society. The study suggests as the women's welfare the spread of the application of social welfare system, and social security network constructed through the mother protection policy, women's poverty and social security on basis of the primary principles such as the gender equal right as civil right, benefits of social welfare as social right, escape from the patriarchal familism, strengthening of resposibility of state and the principle of women participation in process of social welfare management. The device of women's welfare means building the social welfare system based on the real gender equality, so the unification will be the important turning point for the gender-equal society to the South-North Korean women.

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Lecompte Procedure in Complex Congenital Heart Diseases (선천성 복잡 심기형에서의 Lecompte 술식의 유용성 및 임상적용에 관한 연구)

  • Kim, Yong-Jin;Kim, Kyung-Hwan;Lee, Suk-Jae;Song, Hyun;Oh, Sam-Se;Lee, Jeong-Ryul;Rho, Joon-Ryang;Suh, Kyung-Phill
    • Journal of Chest Surgery
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    • v.31 no.7
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    • pp.660-667
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    • 1998
  • Background: This study is to evaluate the effectiveness and application of Lecompte procedure as a treatment for various complex cardiac anomalies with pulmonary outflow tract obstruction. Methods: Between July 1988 and December 1997, 44 patients underwent Lecompte procedure in Seoul National University Children's Hospital. The male to female ratio was 24 to 20 and the mean age was 29.2 months(range, 3 to 83). Of these patients, 28(63.6%) had transposition of great arteries with ventricular septal defect and pulmonary stenosis(or pulmonary atresia), 14(31.8%) had double outlet right ventricle with pulmonary stenosis(or pulmonary atresia), and so on. The principles of the technique are 1) extension of the ventricular septal defect or conal resection, 2) construction of a intracardiac tunnel connecting the left ventricle to the aorta, and 3) direct connection, without a prosthetic conduit, of the pulmonary trunk to the right ventricle. Results: There were 3 in-hospital deaths and their causes were sustained hypoxia, myocardial failure, and sepsis, respectively. There was 1 late death due to sepsis. Reoperations were performed in 6 patients who had pulmonary outflow tract obstructions(4 cases), residual muscular ventricular septal defect(1 case), and recurrent septic vegetation(1 case). The cumulative survival rates by the Kaplan-Meier method were 92.7%, 92.7%, and 92.7% at 1, 2, and over 4 years. The reoperation free survival rates were 92.7%, 92.7%, and 70.2% at 1, 3, and over 5 years. Among the risk factors for the operative death, aortic cross clamping time had statistical significance(p<0.05) and all the risk factors for the recurrent pulmonary stenosis such as age, pulmonary artery index, and materials used for the pulmonary outflow tract reconstruction had no statistical significance(p>0.05). Conclusions: Our review suggests that Lecompte procedure is an effective treatment modality for various complex cardiac anomalies with pulmonary outflow tract obstruction. Repair in early age is possible and the rates of mortality and morbidity are also acceptable.

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The Legal Response and Future Tasks regarding Oil-Spill Damage to Korea - Focusing on the Hebei Spirit oil-spill (한국의 해양유류오염피해에 대한 법적 대응과 과제 - HEBEI SPIRIT호 유류유출사고를 중심으로 -)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.7 no.3
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    • pp.89-120
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    • 2008
  • With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

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Proposal for Estimation Method of the Suspended Solid Concentration in EIA (환경영향평가에서 부유사 농도 추정 방법 제안)

  • Choo, Tai Ho;Kim, Young Hwan;Park, Bong Soo;Kwon, Jae Wook;Cho, Hyun Min
    • Journal of Wetlands Research
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    • v.19 no.1
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    • pp.30-36
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    • 2017
  • SS(Suspended Solid) concentration by soil erosion into river at normal and flood season should be measured. However, to present the variation of SS due to various development project such as EIA(Environmental Impact Assessment), River Master Plan, and so on, it is necessary to estimate not measure SS, but there are not exist how to estimate SS. In the present study, therefore, we propose the hydrologic method of estimating SS concentration using the results of particular frequency flood discharge and sediment discharge by RUSLE method. SS consists of silty and clay soil and colloid particle etc. However, in the present study, silty and clay soils of sediment discharge except send set up SS standards. The flow discharge to estimate SS concentration are 1~2 years for normal season, 30~100 years for flood season. Meanwhile, analysis software for probable rainfall uses Fard2006, probable rainfalls under 2-year frequency are estimated using rainfall data and frequency factor of Gumbel distribution. The results of estimating SS concentration using runoff volume by sediment and flow discharges of silty and cray soils as above method show that reliable level of SS concentration is considered in predevelopment of natural condition and under development of barren condition. Especially, SS concentration takes notice that the value of sediment discharge makes a huge difference according to channel slope, it was confirmed that the value obtained by dividing the SS concentration by the channel slope is relatively constant even though the topographical factors are different. Therefore, if the present study will be proceeded for various watersheds, it will be developed as estimation method of SS concentration.

Effects of the Forest-land Registry System of the Forest Law of 1980 on the Colonial Forest-land Policy used in Korea under the influence of Japanese Imperialism (삼림법(森林法)(1908)의 지적신고제도(地籍申告制度)가 일제(日帝)의 식민지(植民地) 임지정책(林地政策)에 미친 영향(影響)에 관(關)한 연구(硏究))

  • Bae, Jae Soo
    • Journal of Korean Society of Forest Science
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    • v.90 no.3
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    • pp.398-412
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    • 2001
  • The purpose of this study is to examine the roles of the forest-land registry system in the Forest Law of 1908 and the effects this system had on the colonial forest-land policy used in Korea under the influence of Japanese Imperialism. This was started under the Profit-sharing Forest System which was one of the policies for disposing of the Korean national forests. The purpose of this system was to establish forest-land ownership, a fundamental human right. This system was enforced by the Japanese Colonial Government without regard to the customary and important right of Koreans to use the forests, and without considering the distinction between national and private forests. Koreans understood that this system was a warning sign of a tax being imposing on forest-land owners. Furthermore, Koreans thought the Japanese were using this system to deprive them of their forest-land. The strata of Koreans reporting ownership were very limited and included the intellectual(upper-middle) class, higher officials in counties and townships, relatives and relations of these officials, and survey agents. In particular the actual owners could not submit a report registering their land in this system because the required survey cost more than the value of the forest-land. Within the time period specified by the Japanese Colonial Government, about 520,000 registries were reported involving 2.2 million Jung-bo(.9917 hectare) with most of these coming during the last five months of reporting period. Koreans made a reasonable request to extend the deadline, but it was refused. After the reporting period expired there were no follow-up measures such as verification of the reported registrations nor establishment of boundaries between national and private forests. According to Article 19 in the Forest Law of 1908 about 14 million Jung-bo, which was not registered within the reporting period was nationalized. The colonial forest-land policy used in Korea by the Japanese Colonial Government was as follows : (1) to create a large number of national forests in the early period of their rule, (2) to divide these national forests into indispensible national forests and dispensible national forests, and (3) to transfer ownership of the dispensible national forests to colonial Japanese. To achieve the latter, the occupational government needed a method to insure ownership. They devised a tree-planting scheme in which the national forests classified as disposable were "loaned" and then transferred to these Japanese. The actual Korean owners claimed title to this forest-land and asked for the eviction of the new owners but the Japanese occupation government rejected these suits using the excuse that previous Korean owners did not submit the required registration report within the specified time period. In short the Principle of Forest-land Registry was used as a means to consolidate the forest-lands of Korea and distribute large portions of it to Japanese citizens after seizing it from the rightful Korean owners.

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