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New attempt on the Autonomous Vehicles Act based on criminal responsibility (자율주행자동차 사고시 형사책임에 따른 '자율주행자동차의 운행과 책임에 관한 법률안' 시도)

  • Lee, Seung-jun
    • Journal of Legislation Research
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    • no.53
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    • pp.593-631
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    • 2017
  • Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

A Study on the Restructuration of Norm System in the Field of ICT for the Smart Media (Smart미디어시대 정보통신·미디어(ICT) 분야 규범체계의 재구조화에 관한 연구)

  • Ji, Seong-Woo
    • Journal of Legislation Research
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    • no.44
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    • pp.33-62
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    • 2013
  • In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

A Study on the Legislation of Corporate Social Responsibility and its Application - The Indian Companies Act 2013 - (기업의 사회적 책임 입법과 적용에 대한 고찰 -인도 회사법 개정과 적용 경험을 중심으로-)

  • Kim, Bong-chul;Park, Jong-ho
    • Journal of Legislation Research
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    • no.53
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    • pp.455-489
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    • 2017
  • The new system on the Corporate Social Responsibility(CSR) in the Indian Companies Act became overnight sensation to the worldwide. However there has been very few studies which are analyzing a purpose of it under the context of Indian societies. This paper examines the circumstance whether the CSR activities is functioning well or not. And verifying problems regarding it and suggesting supportive measures are a target of this paper. Though Indian government already established CSR legislation, they did not stipulate the penalty clause. And that became why corporations were poorly perform on CSR activities in first year of enforcement. Furthermore, There is a proclivity that corporations lack an understanding for which activities could be recognized into the CSR. And they excused that they had no time for themselves to adjust an abruptly changing business landscape. With all, unlike rosy expectations, corporations only showed little interests to the area where the investment or attentions from the media are expected. Fortunately, incumbent legislative is fully aware of it and exploit their best resources to various social fields. Despite the doubts that they originally did not have any intention to introduce the penalty clause, they are handling problems in ways that corporations can be invited in public programs. They also need to request the service sectors to take a leading role of it, which could provide the financial, or telecommunication service to the people in rural province. Thus, the fact that there was a substantial rise in terms of the amount of CSR expenses in 2015 provides a supporting evidence to the endeavors of the government. In doing so, we could finally achieve a better understanding of two-fold goals shown in this paper; maturing settlement of this legislation and development of Indian society.

Distancing Philosophy from the Real Ruling Power, a Philosophical Belief or an Opportunist Behavior Compromising with Reality? - centered on Kim Tae-Gil - (현실 권력과의 거리두기 철학(함), 철학적 소신인가 현실 타협적 기회주의 행태인가 -김태길을 중심으로-)

  • Sunwoo, Hyun
    • Journal of Korean Philosophical Society
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    • v.129
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    • pp.111-140
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    • 2014
  • In this paper, the main subjects with which I deal are as follows: (1) Is Distancing Philosophy from the real ruling power a way of practical-philosophical resistance, based on social reformation as a axiological directivity of Kim Tae-Gil's ethical thought, though it is negative type of resistance? Or is it a sort of transformed value-free opportunist behavior which allows antidemocratic ruling group to coerce the people into submission, assuming an uncompromising stand seemingly? (2) Is Kim's defense argument on the opening of the course of National Ethics and the all-out activation of National Ethics education under Park's Yushin Regime derived from his own philosophical belief? Or is it brought out from the external conditions and circumstances surrounding Kim Tae-Gil which forces him to participate in the national undertaking for the settlement of the course of National Ethics in the university? The 'provisional' answers about the two subjects are as follows: (1) Kim's Distancing Philosophy is a type of practical philosophical revolt against the dictatorship power under Yushin Regime, though it is negative form of resistance. We can accept this philosophical elucidation above all by confirming the fact that the reform of reality is the main ethical trait running through his entire ethical thought system. However distancing philosophy disclose the crucial limits to allow itself to boil to the philosophical practice compromising with real ruling power eventually, though it is intended upon its own social ethical directivity and conviction. (2) The primary factor which affects Kim to propose such an advocation argument on the course of National Ethics and the education of National Ethics is the external conditions and circumstances surrounding him, especially the power-relation between he and ruling group and intimate human relation between he and his superior philosophers who carries out the role of a ideologue for the Yushin Regime, rather than his own philosophical belief. But no matter what primary factor, Kim's action to make a advocating argument to support the course and the education of National Ethics is to blame, on that account that he cannot adequately his social responsibility and role given to him as a reformist moral philosopher who will pursue the realization of righteous democratic society. Along with that, It is not too enough to criticize him sharply for such defending action. The reason is that his supporting stance for National Ethics education is brought out, by not adhering closely to the philosophical way of distancing from the dictatorial power devoid of political legitimacy and moral justification.

A Comparative Analysis of Masan's Democratic Movement : The 3·15 Uprising in 1960 and the 10·18 Buma Uprising in 1979. (마산의 민주화운동 비교 분석: 1960년 3·15의거와 1979년 10·18부마항쟁)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.3 no.2
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    • pp.5-58
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    • 2019
  • The purpose of this article is to bring about 10.26 accident by providing a fuse for the overthrow of the Park Chung-hee administration in the 10.18 Buma uprising. So, first of all, this article has a main purpose in analyzing the comparison between Masan's 3.15 uprising and 10.18 Buma uprising. The purpose of the study is to compare the 3.15 democratic movement in Masan with the 10.18 Buma uprising, given that the incident laid the foundation for the dictator to be overthrown in the event of an anti-dictatorial movement in Masan. The research method of this article is intended to be used as a research method in the 3.15 and 10.18 protests, given that if a person in power conducts election fraud or suppresses anti-government movements in order to maintain the system, it could lead to the destruction of those in power. In the end, the Masan 3.15 uprising and 10.18 uprising failed to reach a direct attempt to overthrow the regime due to unfinished democratic movements, but with the revolution of 4.19 and the massive political transformation of 10.26 Accident, he achieved the leading role theory that allowed the Rhee Syngman and Park Chung-hee administrations. In eradicating authoritarian regimes, however, the historic significance of the democratization movement was that the authoritarian regime eventually brought about the collapse of the regime by making a hard-line stance on election schemes or popular protests over the trap of power boomerang, which causes the regime to collapse.

Time-Lapse Crosswell Seismic Study to Evaluate the Underground Cavity Filling (지하공동 충전효과 평가를 위한 시차 공대공 탄성파 토모그래피 연구)

  • Lee, Doo-Sung
    • Geophysics and Geophysical Exploration
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    • v.1 no.1
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    • pp.25-30
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    • 1998
  • Time-lapse crosswell seismic data, recorded before and after the cavity filling, showed that the filling increased the velocity at a known cavity zone in an old mine site in Inchon area. The seismic response depicted on the tomogram and in conjunction with the geologic data from drillings imply that the size of the cavity may be either small or filled by debris. In this study, I attempted to evaluate the filling effect by analyzing velocity measured from the time-lapse tomograms. The data acquired by a downhole airgun and 24-channel hydrophone system revealed that there exists measurable amounts of source statics. I presented a methodology to estimate the source statics. The procedure for this method is: 1) examine the source firing-time for each source, and remove the effect of irregular firing time, and 2) estimate the residual statics caused by inaccurate source positioning. This proposed multi-step inversion may reduce high frequency numerical noise and enhance the resolution at the zone of interest. The multi-step inversion with different starting models successfully shows the subtle velocity changes at the small cavity zone. The inversion procedure is: 1) conduct an inversion using regular sized cells, and generate an image of gross velocity structure by applying a 2-D median filter on the resulting tomogram, and 2) construct the starting velocity model by modifying the final velocity model from the first phase. The model was modified so that the zone of interest consists of small-sized grids. The final velocity model developed from the baseline survey was as a starting velocity model on the monitor inversion. Since we expected a velocity change only in the cavity zone, in the monitor inversion, we can significantly reduce the number of model parameters by fixing the model out-side the cavity zone equal to the baseline model.

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Antirapakivi Mantled Feldspars from Sanbangsan Trachyte Lava Dome, Jeju Volcanic Field, Korea (산방산용암돔 조면암에서 산출되는 장석의 안티라파키비 조직)

  • Yun, Sung-Hyo
    • Korean Journal of Mineralogy and Petrology
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    • v.33 no.2
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    • pp.87-97
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    • 2020
  • The compositions of the phenocrystic feldspars of the Sanbangsan trachyte range from labradorite(An53.6) to andesine(An35.4), and of the microphenocrysts and laths range from andesine(An31.2) to oligoclase(An18.7). Mantled feldspar which forms a thin rim around the phenocrysts and microphenocrysts, is anorthoclase(Or20.5An9.4) to sanidine(Or49.2An1.4). Phenocrystic plagioclase, which shows a distinct zonal structure, represents an oscillatory zoning in which the An content of the zone repeatedly increases or decreases between andesine (An39.3) and labradorite (An51.3) from the core toward the rim, and the rim of the phenocrysts is surrounded by alkali feldspar(Or31.9-39.4Ab63.2-57.0An4.9-3.7), showing the antirapakivi texture. Microphenocryst which does not represent the antirapakivi texture, shows the normal zoning with a decreasing An content (An36.4→An25.6) as it moves outward from the center of a crystal. As a result of X-ray mapping of K, Ca, and Na elements for the feldspar phenocrysts representing the typical zonal structure, shows the oscillatory zoning that six zones show the distinctive compositional differences, and the rims are mantled by alkali feldspar to indicate the antirapakivi texture. The groundmass is composed of K-enriched, Ca-poor alkali feldspar. The antirapakivi texture of feldspar which appears in Sanbangsan trachyte, may have been formed in mixing systems as a result of the juxtaposition of near liquidus melt, rich in alkali feldspar components(trachytic magma), with plagioclase phenocrysts and microphenocrysts already crystallized in a more mafic system.

Distribution and Behavior of Soil CO2 in Pohang area: Baseline Survey and Preliminary Interpretation in a Candidate Geological CO2 Storage Site (포항 지역 토양 CO2의 분포 및 거동 특성 연구: CO2 지중저장 부지 자연 배경 조사 및 예비 해석)

  • Park, Jinyoung;Sung, Ki-Sung;Yu, Soonyoung;Chae, Gitak;Lee, Sein;Yum, Byoung-Woo;Park, Kwon Gyu;Kim, Jeong-Chan
    • Journal of Soil and Groundwater Environment
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    • v.21 no.1
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    • pp.49-60
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    • 2016
  • Distribution and behavior of baseline soil CO2 were investigated in a candidate geologic CO2 storage site in Pohang, with measuring CO2 concentrations and carbon isotopes in the vadose zone as well as CO2 fluxes and concentrations through ground surface. This investigation aimed to assess the baseline CO2 levels and to build the CO2 monitoring system before injecting CO2. The gas in the vadose zone was collected using a peristaltic pump from the depth of 60 cm below ground surface, and stored at gas bags. Then the gas components (CO2, O2, N2, CH4) and δ13CCO2 were analyzed using GC and CRDS (cavity ringdown spectroscopy) respectively in laboratory. CO2 fluxes and CO2 concentrations through ground surface were measured using Li-COR in field. In result, the median of the CO2 concentrations in the vadose zone was about 3,000 ppm, and the δ13CCO2 were in the wide range between −36.9‰ and −10.6‰. The results imply that the fate of CO2 in the vadose zone was affected by soil property and vegetations. CO2 in sandy or loamy soils originated from the respiration of microorganisms and the decomposition of C3 plants. In gravel areas, the CO2 concentrations decreased while the δ13CCO2 increased because of the mixing with the atmospheric gas. In addition, the relation between O2 and CO2, N2, and the relation between N2/O2 and CO2 implied that the gases in the vadose zone dissolved in the infiltrating precipitation or the soil moisture. The median CO2 flux through ground surface was 2.9 g/m2/d which is lower than the reported soil CO2 fluxes in areas with temperate climates. CO2 fluxes measured in sandy and loamy soil areas were higher (median 5.2 g/m2/d) than those in gravel areas (2.6 g/m2/d). The relationships between CO2 fluxes and concentrations suggested that the transport of CO2 from the vadose zone to ground surface was dominated by diffusion in the study area. In gravel areas, the mixing with atmospheric gases was significant. Based on this study result, a soil monitoring procedure has been established for a candidate geologic CO2 storage site. Also, this study result provides ideas for innovating soil monitoring technologies.

Development and Application of Scientific Model Co-construction Program about Image Formation by Convex Lens (볼록렌즈가 상을 만드는 원리에 대한 과학적 모형의 사회적 구성 프로그램 개발 및 적용)

  • Park, Jeongwoo
    • Korean Journal of Optics and Photonics
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    • v.28 no.5
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    • pp.203-212
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    • 2017
  • A scientific model refers to a conceptual system that can describe, explain, and predict a particular physical phenomenon. The co-construction of the scientific model is attracting attention as a new teaching and learning strategy in the field of science education and various studies. The evaluation and modification of models compared with the predicted models of data from the real world is the core of modeling strategy. However, there were only a limited data provided by the teacher in many studies of modeling comparing the students' predictions of their own models. Most of the students were not given the opportunity to evaluate the suitability of the model with the data in the real world. The purpose of this study was to develop a scientific model co-construction program that can evaluate the model by directly comparing the predicted models with the observed data from the real world. Through a collaborative discussion between teachers and researchers for 6 months, a 5-session scientific model co-construction program on the subject 'image formation by convex lenses' for second grade middle school students was developed. Eighty (80) students in 3 classes and a science teacher with 20 years of service from general public co-educational middle school in Gyeonggi-do participated in this 2-week program. After the class, students were asked about the helpfulness and difficulty of the class, and whether they would like to recommend this class to a friend. After the class, 95.8% of the students constructed the scientific model more than the model using the construction rule. Students had difficulties to identify principles or understand their friends, but the result showed that they could understand through model evaluation experiment. 92.5% of the students said that they would be more than willing to recommend this program to their friends. It is expected that the developed program will be applied to the school and contribute to the improvement of students' modeling ability and co-construction ability.