• 비교문화연구
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• 제42권
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• pp.69-106
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• 2016

현대 사회에서 조혼은 많은 문제를 낳고 있다. 조혼은 양성 불평등, 빈곤 및 사회 규범 때문에 조장되며, 사회적 힘의 불균형을 재생산한다. 에티오피아 정부는 2000년의 가족법 개정과 2005년에 새로 도입된 형법을 통해, 여성의 법률적 최소 결혼 연령을 15세에서 18세로 상향 조정하였다. 그럼에도 불구하고 조혼 현상은 에티오피아 사회에서 여전히 광범하게 발견된다. 이것은 조혼 관습이 장기간에 걸쳐 사람들의 삶 속에서 체화되고 실천되어 왔기 때문이다. 에티오피아의 조혼 관습에 대한 기존의 연구들은 여성의 경험에만 초점을 두고 있고, 조혼한 모든 사람-특히 여성-은 불행한 삶을 살고 있는 것처럼 간주하며, 조혼이 여성의 학업에 부정적으로만 작용하는 것처럼 여기는 경향이 있다. 본 논문은 이러한 문제점을 극복하기 위해, 다양한 사회 경제적 배경을 가진 사람들의 생애사를 통해 조혼 문제를 고찰하고자 한다. 본 논문의 목적은 에티오피아에서는 왜 조혼이 발생하고 있으며, 이 관습이 가족생활과 여성의 교육적 성취에 어떤 영향을 미쳐 왔는지를 세 개 타운-메키, 데라, 즈와이-의 사례를 통해 검토하는 데 있다. 본 논문에서 알 수 있듯이 조혼은 여성의 삶에 대체로 부정적인 영향을 미치고 있는 것이 사실이다. 그러나 일부 남성 역시 조혼의 피해자이며, 일부 여성은 조혼을 통해 자신의 삶을 개선해 온 것도 사실이다. 이것은 우리가 조혼 문제를 다룰 때 다양한 사람들의 목소리에 귀를 기울일 필요가 있음을 일깨워 준다.

• 법제연구
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• 제54호
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• pp.111-154
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• 2018

국민의 기본권 보호는 국가의 당연한 의무이다. 헌법은 국가의 기본권 보호 의무를 명시적으로 선언하고 있으며 이에 입각하여 국가는 국민의 기본권 보장을 위하여 보다 적극적인 수준에서 의무를 부담한다고 보아야 한다. 물론 근대시민국가에서는 자유권 보장에 주안점을 두었고 현대국가에서는 사회권 혹은 생존권 보장에 더 많은 관심을 둔 것이 사실이지만 국가의 자유권 보장을 위한 의무를 강조하지 않을 수는 없다. 그렇다면 여전히 국민의 기본권 보장을 위한 노력을 경주하여야 하는 것이고 이에 따라 입법자는 보다 구체적인 행위의무를 부담한다고 볼 수 있게 된다. 특히 승강기는 우리 생활에 필수적이라는 점에서 그리고 이의 피해는 상당히 치명적이라는 점에서 이의 안전성 확보를 위한 방안은 매우 중요하고 국가의 행위의무 역시 상당히 중요하다고 볼 수밖에 없다. 특히 민간 수준의 행위자의 역할을 강조하는 영국의 경험은 우리에게도 상당 정도의 시사점을 던져 주고 있는 것이 사실이어서 안전성 제고를 위한 설치 전 안전성 점검, 부품 품질관리, 검사기준의 구체화, 검사주기의 다각화 등의 물적 사항과 점검자 자격 구체화, 점검자 독립성 보장, 승강기 책무자 다양화 및 이용자책무의 다각화 등의 인적 사항들은 우리에게도 충분히 고려할 만한 사항이다. 하지만 영국의 상황과 우리의 상황이 정확히 일치하는 것은 아니라는 점에서 그들의 정책을 금과옥조로 삼을 수만은 없다. 즉 영국의 정책을 절대적으로 수용할 필요는 없는 것이며 다만 정책의 특징을 고려하여 타당한 정책이라면 우리의 법제에 적절하게 적용하는 운영의 묘를 발휘하여야 하는 것이다.

• 한국콘텐츠학회논문지
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• 제15권7호
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• pp.193-202
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• 2015

우리나라 주택임대차보호법은 민법의 특별법으로 국민의 주거생활의 안정을 보장하기 위하여 1981년 3월 5일 법률 제3379호로 제정된 이후 지금까지 15차례의 개정을 통하여 유래를 찾아볼 수 없을 정도로 무주택영세민의 권익보호에 앞장서 왔다. 그러나 급히 서둘러 만든 입법이어서 법조문 제3조 제1항 "주택임차인이 임차주택을 인도받고 주민등록까지 마치면 그 다음날부터 그 주택의 소유자가 제3자로 변경되더라도 그 제3자에 대하여 임차권을 가지고서 대항할 수 있다"는 대항력 부분에 있어서 시행 당초부터 무주택영세민의 보호취지에 역행한다는 문제점이 노출되었던 것이 사실이다. 또한 이 조항이 오히려 사회적 약자들의 주거문제를 더욱 심각하게 만들었고, 국가는 이에 대한 대책이나 보호방법을 현실에 맞추어 개정하지 못한 이유로 지금까지 다양한 문제들이 제기되어 주택임대차와 관련된 분쟁들이 많이 발생되고 있다. 따라서 본 논문에서는 임차인의 주거안정을 위하여 주택임대차보호법의 대항력에 대한 문제점을 도출하고, 외국입법례를 통하여 주택임차인들에게 현실적으로 주거안정에 기여할 수 있는 개선방안을 제시하고자 한다.

• 한국전자통신학회논문지
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• 제8권8호
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• pp.1161-1170
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• 2013

2013년 현재 개인정보보호를 위한 사회적 합의결과로 도출되어진 관련법이 제정되고 수차례의 개정을 통해 IT분야를 비롯한 다양한 사회적 업무분야에 최종적인 정보보호를 위한 명확한 성문법적인 정책과 지침 등의 방향이 제시되어 졌다. 이러한 일련의 개인정보 중요성에 대한 사회적 이슈를 기반으로 새로운 개인정보 접근 패러다임이 나타났고 정보보호라는 거시적인 접근 방법에서 전문적인 접근방법의 필요성이 대두되어졌다. 물론 현재까지 모든 개인정보 형태의 자료들을 특정한 정보의 범주에 모두 제한하고 경계를 두는 것은 다소 무리수 있어 보이나 IT분야를 기반으로 하는 정보의 홍수 속에서 개인정보의 흐름을 확인하고 보안대상으로 선정하는 부분은 표준화되어 진 것은 사실이다. 다만 아직까지도 개인정보 Life-Cycle의 5가지 표준화된 흐름인 수집, 처리, 제공, 보관, 파기 등을 모든 기업과 기관이 보유한 정보들에 일상적으로 적용하기 어려운 경우도 발생하고 있다. 따라서 이원화된 계층적 개인정보 Life-Cycle 접근제어 방법론을 제안함으로써 표준화 방법론을 제안한다. 본 연구결과는 개인정보 Life-Cycle에 최적의 접근제어 가능한 현실적인 자료를 제공하고자 한다.

• 무역상무연구
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• 제58권
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• pp.215-236
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• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• 유통과학연구
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• 제12권2호
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• pp.17-25
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• 2014

Purpose - This study used empirical methods to investigate the consciousness structure of vendors in the S marketing area, which is a commercial revitalization district in the country, and examined its effect on their business activities. Based on the results derived through the performance of an actual proof analysis, this study aims to facilitate the promotion of changes in the consciousness structures of traditional market vendors, with a view to allowing them to adapt to the current economic realities in the country. Further, this study aims to provide suggestions that would improve the efficiency of the commercial revitalization program of the government. Research design, data, and methodology - This study examined all the stores in the S marketing area using a questionnaire survey conducted over three weeks beginning on July 4, 2012, and involved the performance of a data analysis on 1,859 samples. The questionnaire consisted of two parts. The first part addressed the market revitalization and the second part addressed the store management strategies. Questionnaire responses were calibrated based on a Likert scale. Statistical analysis was conducted using PASW version 18.0. Results - The results of the analysis of the consciousness structure of merchants in the S marketing area have led to the discovery that they have a medium level of satisfaction with market revitalization. There was a difference in the perceptions of the concept of store management between merchants and customers. Merchants have poor strategies for store management, which do not go much beyond an imitation of the practices of large domestic discount stores. Conclusions - The appearance of big discount stores and the accompanying changes in people's consumption patterns have led to a decline in local market areas. The government has sought new ways to secure autogenic power for local markets. To create regional economies, the government enacted a revised "Law for creating traditional markets and shopping streets" in 2010 and introduced a commercial district revitalization program. This program, which originally supported only the S marketing area, has subsequently expanded into neighboring shopping districts so that the whole of the regional market can be revitalized. However, since the revitalization of the traditional market and the government support required for it were mostly limited to facilities, the result has not proved to be effective. Although there are several reasons why the government investment was characterized by poor efficiency, traditional market vendors' consciousness structure, which did not adapt well to the vagaries of time and its consequent changes, was a major cause. Only when vendors have a true merchant spirit can they have a real service focus that will enable them to clearly understand the distribution organization. This will have the effect of bring about complete customer satisfaction and will ensure the survival and development of traditional markets.

• 시큐리티연구
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• 제7호
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• pp.233-285
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• 2004

‘Defined legally as a violation of law' (Sutherland, E. H. Principles of Criminology, Lippincott, Chicago, 1939) Crime within the group is essentially and primarily antisocial in that the criminal who is welfare of his group acts instead against it and breaks the principles of social solidarity not merely by not doing what these principles prescribe, but by doing something exactly opposites. Any program set up to attack crime and delinquent behavior at their sources. A program of his nature needs the constant and comprehensive collaboration of psychiatrists, social works, educations, lawmakers, and public officials, since crime is a social problem and it should be treated as such. Some crime preventives which should be mentioned are as follows, (1) The insurance that every child will be decently born and that his home life be socially and economically adequate; without socially mature parents the chid is handicapped at the start; thus parental education, integrated with the public school system, should be developed now. (2) A more meaningful educational program which would emphasize ideals of citizenship, moral integrity, and respect for the law and the police. (3) A periodic check made for potential delinquents throughout the public schools and treatment provided if possible; and if not, proper segregation in institutions. (4) Careful attention paid to press, movies, and radio so that crime may no longer appear to be glamorous. This can be done by women's clubs, civic bodies, and other educational groups exerting pressure on the movie syndicates and broadcasting companies to free their productions of the tawdry and lurid characteristics of crime and criminals. Aggression associated with the phallic stage of development, The child ordinarily comprehends sexual intercourse as an aggressive and sadistic act on the part of the male, and specifically on the part of the penis. Evidence that the penis is phantasied as a weapon of violence and destruction come from unconscious productions of normal adults. Limerick, for instance, often refer to the penis as square, or too large, etc., so that intercourse is dangerous and painful for the partner, This may wall be a projection of the male's own fear of coitus. A certain portion of the death-instinct always remains within the person; it is called 'primal sadism' and according to Freud is identical with masochism. 'After the chief part of it(the death instinct) has been directed outwards towards objects, there remains as a residuum within the organism the true erotogenic masochism, which on the one hand becomes a component of the libido and on the other still has the subject itself for a object.' Criminalism, compulsive-neurotic frequent repetition of criminal acts in a compulsive manner. Like most symptoms of the compulsive-neurotic, such antisocial act are closely rated to feelings of hostility and aggression, often against the father. Because these acts are symptomatic, they afford only temporary relief and are therefore repeated. One patient with compulsive-neurotic criminalism was apprehended after breaking into hardware store and stealing money. He later confessed to many similar incidents over the preceding two years. At the same time it was apparent that he stole only for the sake of stealing. He did not need the money he thus obtained and had no special plans for using it.

• International Journal of Aeronautical and Space Sciences
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• 제8권1호
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• pp.10-20
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• 2007

For spacecraft attitude control, reaction wheel (RW) steering laws with more than three wheels for three-axis attitude control can be derived by using a control allocation (CA) approach.1-2 The CA technique deals with a problem of distributing a given control demand to available sets of actuators.3-4 There are many references for CA with applications to aerospace systems. For spacecraft, the control torque command for three body-fixed reference frames can be constructed by a combination of multiple wheels, usually four-wheel pyramid sets. Multi-wheel configurations can be exploited to satisfy a body-axis control torque requirement while satisfying objectives such as minimum control energy.1-2 In general, the reaction wheel steering laws determine required torque command for each wheel in the form of matrix pseudo-inverse. In general, the attitude control command is generated in the form of a feedback control. The spacecraft body angular rate measured by gyros is used to estimate angular displacement also.⁵ Combination of the body angular rate and attitude parameters such as quaternion and MRPs(Modified Rodrigues Parameters) is typically used in synthesizing the control command which should be produced by RWs.¹ The attitude sensor signals are usually corrupted by noise; gyros tend to contain errors such as drift and random noise. The attitude determination system can estimate such errors, and provide best true signals for feedback control.⁶ Even if the attitude determination system, for instance, sophisticated algorithm such as the EKF(Extended Kalman Filter) algorithm⁶, can eliminate the errors efficiently, it is quite probable that the control command still contains noise sources. The noise and/or other high frequency components in the control command would cause the wheel speed to change in an undesirable manner. The closed-loop system, governed by the feedback control law, is also directly affected by the noise due to imperfect sensor characteristics. The noise components in the sensor signal should be mitigated so that the control command is isolated from the noise effect. This can be done by adding a filter to the sensor output or preventing rapid change in the control command. Dynamic control allocation(DCA), recently studied by Härkegård, is to distribute the control command in the sense of dynamics⁴: the allocation is made over a certain time interval, not a fixed time instant. The dynamic behavior of the control command is taken into account in the course of distributing the control command. Not only the control command requirement, but also variation of the control command over a sampling interval is included in the performance criterion to be optimized. The result is a control command in the form of a finite difference equation over the given time interval.⁴ It results in a filter dynamics by taking the previous control command into account for the synthesis of current control command. Stability of the proposed dynamic control allocation (CA) approach was proved to ensure the control command is bounded at the steady-state. In this study, we extended the results presented in Ref. 4 by adding a two-step dynamic CA term in deriving the control allocation law. Also, the strict equality constraint, between the virtual and actual control inputs, is relaxed in order to construct control command with a smooth profile. The proposed DCA technique is applied to a spacecraft attitude control problem. The sensor noise and/or irregular signals, which are existent in most of spacecraft attitude sensors, can be handled effectively by the proposed approach.

• 의료법학
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• 제13권2호
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• pp.11-38
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• 2012

The Supreme Court stand in the position in specific lawsuit that it doesn't allow the discretionary not covered service, but recently in revocation suit of fine disposal that is imposed on medical fee of leukemia patient, it altered the existing adjudgement and admitted the discretionary not covered service exceptionally. It put forward the allowable condition roughly in that case. According as this alteration, it has become more important to embody the allowance conditions of exceptions. The Supreme Court presented three things, which are procedural condition, medical condition and subscriber's agreement. Concerning procedural condition, several present conciliation procedures are as follows: medical care benefit arret request, relative value conciliation etc, prior request on anti-cancer drug among chemicals which exceed acceptance criteria, request of non benefit object on common drugs. To be granted the existence of those system, there should be no obstacle to use that. Even if it were so, we should take circumstances into consideration; individual situation is unescapable concerning substance and urgency of the discretionary not covered service, process of the procedure, time required etc. Regarding medical condition, safety and effectiveness will be verified through evaluation procedures of new medical skill. About the necessity, the Supreme Court made clear through a sentence that it allow the discretionary not covered service, in case that needs to treat a patient out of the standard of medical benefit. Strict interpretation is right and it answer the purpose of the sentence that the supreme court permit the discretionary not covered service, exceptionally. We need to differentiate medical necessity and medical validity. Subscriber's agreement should holds true if it entails full explanation, and if it is preliminary, explicit and individual. On this account, it should be difficult to admit that someone agree effectively when he call for the affirmation that he is recipient of medical care. Reasonable expense needs to be a part of review whether the agreement is valid. Meanwhile If we adjust system of medical expense and eventually reorganize a fee for consultation payment system (Fee-for-service controlled by item to DRG (Diagnosis Related Groups)), controversial area of the discretionary not covered service will be decreased and that will guarantee the discretion of the doctor.

• 시큐리티연구
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• 제1호
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• pp.283-319
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• 1997

Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.