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      • KCI등재SCOPUS
      • KCI등재
      • KCI등재

        유료도로의 통행료납부에 대한 법적 성질 및 운영방향

        김중수 ( Joong Soo Kim ) 홍익대학교 법학연구소 2016 홍익법학 Vol.17 No.1

        Current Road Law and Toll Road Act in Korea has regulated to receive toll or fee for use of expressways in general. That will have to pay a toll to use the expressways. However, to receive tolls in the expressway for no median strip, accident on the potholes, such as broken and puncture road etc., despite it structural problems or maintenance· management lack of expressways of driver``s safety is threatened use of expressways, it is the fault of the driver in the road and it is true collected tolls. also There is a loss of function in the expressway, total income of toll is much higher than the total amount of expressway construction and maintenance and besides term of payment of toll of more than 30 years despite continue to receive the tolls in the expressways. Namely, that is unreasonably collect tolls put to infrastructure of the road in a very dangerous situation. Of course, the road will be the construction and management of public utilities as a road is an administrative entity of the state or local government responsibility because national infrastructure and social infrastructure facilities, in general, a principle that funded by general revenue tax, also it offered principle as a free to the use of constructed roads for regular traffic. However, General account tax revenues can not hardly raise money for needed road projects. Therefore, state and local governments are using debt as a way to compensate for the lack of financial resources in Maintenance and Improvement of Road. And the finished road will recover the investment in collection of toll. This is the toll road system. Also It operates a toll road system is introduced for the purpose of suppression of the traffic. That is the basis of the principle beneficiary of the burden about save time and fuel, which will bear the installation and maintenance costs of the road against the party using the toll road. In this sense, first operational direction for the operation of the toll road of reasonable and realistic development and ensuring Validity is debate about whether the validity of the current unified fee collection provisions. The intent of the Toll Road Act Article 18, which prescribes an unified fee collection is to ensure a traffic right into regional equity and balance between profit line and non profit line. For such a reason, cases of the supreme court or the constitutional court has recognized the legitimacy of the unified fee collection. Therefore, a comprehensive look to the foregoing, the legitimacy of the unified fee collection, which prescribes in Article 18 of Toll Road Act will be able to see that recognized. Secondly, in the debate about the gap of the level of tolls between Government Funded Expressway and Private Financed Expressway, the level of tolls will inevitably be a gap in the toll levels of Government Funded Expressway and Private Financed Expressway or Private Financed Expressway between Expressway. Of course, if private capital and technology make use of expanding highway such as infrastructure. And if it should consider convenience of the people, affirm necessariness of private investment business. But private investment highway projects will not result in a financial burden according to the revenue guarantee and less efficient than highway projects by the public sector. Therefore, highway projects by the private investment law are required harmonious and reasonable system of publication principle free road of road act and basic principles on the toll of the Toll Road Act was introduced as an exceptional actions. Third, in the debate about congestion and transit time increases with the increase of Private Financed Expressway Tollgate, increase of Private Financed Expressway Tollgate aggravates the traffic inconvenience to road users and road operators have increased operating costs. Also the occurrence of side effects increases the inefficiency of the central government system operating of planning·management on the road. Therefore, Implementation of the integrated imaging system of the single fee settlement system that can be managed as all highway across the country is required. Finally, in the debate about the sustainability of maintaining·management for the safety of the toll road, the last 10 years, new highway utilization except for one place in the new constructed 15 highway Section of current status of use was lower than the predicted traffic. Despite being spent on debt repayment under this new highway construction more than 40% of the annual budget. As a result of highway operations, maintenance, and administrative costs spending are reduced and safety of drivers using the highways threatened. Therefore, sustenance of maintenance·management for safety assurance of the toll road is required.

      • KCI등재

        한일폐기물법제에 있어서의 원인자부담원칙

        김중수 ( Joong Soo Kim ) 한국환경법학회 2011 環境法 硏究 Vol.33 No.2

        환경부하란 ``환경보전상 지장의 원인이 되는 염려 있는 활동``이지만, 이것에 관해서 ``누가 왜 부담하는가``가 문제된다. 여기서 환경책임을 생각할 때 중요한 것이 ``오염자·원인자``의 개념이다. 이 ``누가 왜 부담 할 것인가``에 대한 설명으로서 국제적으로도 널리 받아들여지고 있는 것이 ``오염자부담원칙``내지는 ``원인자부담원칙``이다. 본고에서는 이 오염자부담원칙 내지는 원인자부담원칙의 관점에서 한국의 폐기물관리법과 일본의 폐소법에 있어 원인자가 누구인가, 왜 부담하는가라고 하는 처리 책임에 관해서 불법투기 된 폐기물을 중심으로 검토하고, 보다 공평하고 효과적인 제도설계가 무엇인가에 관해서 고찰하려고 한다. 환경을 보전하기 위한 비용은 그 환경을 악화시킨 자가 부담해야 한다고 하는 오염자부담원칙 내지는 원인자부담원칙과 같은 사고방식은 일반적으로 정의·공평의 이념에 부합할 것이다. 그러나 양국의 폐기물처리법에 있어서의 처리책임에 관해서는 원인자부담원칙에 따르면, 오염자불명이나 무자력 등으로 인해 오염자부담의 추구가 불가능한 경우 제3자인 토지소유자의 책임이나 공적 주체의 최종적 처리책임자인 국가 또는 지방자치체의 책임이 되는 등 효과적인 제도운용이 되었다고 말할 수 없다. 따라서 폐기물처리에 있어서의 처리책임에 관해서는 오염자부담원칙 내지 원인자부담원칙에만 국한되지 않고 환경부하최소화의 효과적인 실현가능성을 위해서 제품유통의 최상류에 위치한 생산자에 착안해 생산한 제품의 라이프사이클을 파악하고, 당해 제품이 소비·폐기 된 후의 단계까지 생산자에게 일정의 책임을 가하는 확대생산자책임원칙 등 다양한 제도의 활용이 요구된다. Environmental Burden means ``activities which is possible to cause trouble in environmental protection``, that leads to the issue of ``who get charged and why they do``. When it comes to the responsibility of environment, the point is the concept of ``polluter(verursacher)``. There exists ``The Polluter Pays Principle`` or ``Verursacherprinzip`` accepted internationally as an explanation on ``who get charged and why they do``. This dissertation is aimed to examine the disposal responsibility of who are polluters(verursacher) and why they get charged` in Korean and Japanese waste management law in the perspective of ``The Polluter Pays Principle(or Verursacherprinzip)`` based on the consideration of illegally disposed waste, and contemplate what is a design for more effective and fairer institution. The way of thinking such as Polluter Pays Principle or Verursacherprinzip, which means that people who pollute environment have to pay the cost for protecting it, matches the idea of justice and fairness in general. According to Polluter Pays Principle in the waste management laws of both countries, the case of ``polluters unknown`` or ``they having no capability`` brings about some situations : landlord(the third party) responsible or government or municipalities (supervisor/final subject in disposal charge) responsible, which blocks effective operation of institution Therefore, in order to realize the minimization on environmental burden effectively without limiting Polluter Pays Principle or Verursacherprinzip, three should be required in the disposal responsibility on waste: paying attention to the producer placed in the very first stage in product distribution; figuring out the life-cycle of the product; utilizing various institutions such as Producer Pays Principle expanding some responsibility to producer.

      • KCI등재
      • SCOPUSSCIEKCI등재
      • KCI등재
      • KCI등재
      • 인공지능 : 공간의존행렬과 신경망을 이용한 문서영상의 효과적인 블록분할과 유형분류

        김중수(Kim Joong Soo),이정환(Lee Jeong Hwan),최흥문(Choi Heung Moon) 한국정보처리학회 1995 정보처리학회논문지 Vol.2 No.6

        본 논문에서는 공간의존행렬과 신경망을 이용하여 문서영상에서 인식대상 문자가 포함되어 있는 블록들을 좀 더 세분해 낼 수 있는 효과적인 방법을 제시하였다. 제안한 방법은 명암도 문서블록에서 공간의존행렬을 구하고 7가지 질감특징을 추출한 뒤 신경망을 이용해 문서블록을 9가지 유형으로 분류할 수 있도록 하였다. 특히 기존에는 비문자영역으로 분류되던 수식, 도표, 순서도 등 주로 문자기 포함되어 있는 블록들을 세분해 낼 수 있도록 하였다. 또한 신경망 학습알고리즘인 BP를 사용함으로써 기존의 선형분류시에 요구되던 유형별 임계값과 선형면결정상수를 찾는 어려움을 해소하였다. 명암도영상을 이진화하기 전에 먼저 Sobel연산을 적용함으로써 문서 뒷면에 의한 배경잡음의 영향을 줄일 수 있도록 하였고, 교차 문지르기후 분할함으로써 블록이 작은 조각으로 나누어지는 것을 방지하도록 하였다. 실험결과 제안한 방법에서는 문자가 포함되어 있는 블록은 큰 문자, 중간 문자, 작은 문자블록 및 수식, 순서도, 도표블록의 6가지로, 그리고 비문자블록은 인물사진, 그림, 그래프 등 3가지 유형으로 상세하게 분류할 수 있었으며 전체적인 분류성능도 우수함을 확인할 수 있었다. We proposed an efficient block segmentation and classification method for the document analysis using SGLDM(spatial gray level dependence matrix) and BP(back propagation) neural network. Seven texture features are extracted directly from the SGLDM of each gray-level block image, and by using the nonlinear classifier of neural network BP, we can classify document blocks into 9 categories. The proposed method classifies the equation block, the table block and the flow chart block, which are mostly composed of the characters, out of the blocks that are conventionally classified as non-character blocks. By applying Sobel operator on the gray-level document image before binarization, we can reduce the effect of the background noises and by using the additional horizontal-vertical smoothing aw well as the vertical-horizontal smoothing of images, we can obtain an effective block segmentation that does not lead to the segmentation into small pieces. The result of experiment shows that a document can be segmented and classified into the character blocks of large fonts, medium fonts, small fonts, the character recognigible candidates of tables, flow charts, equations, and the non-character blocks of photos, figures, and graphs.

      • KCI등재

        연구논문 : 드론의 활용과 안전 확보를 위한 항공법상 법적 규제에 관한 고찰

        김중수 ( Joong Soo Kim ) 단국대학교 법학연구소 2015 법학논총 Vol.39 No.3

        This has increased interest in Unmaned Aerial Vehicle such as drone recently. This Unmaned Aerial Vehicle technology is far developed mainly for military purposes, in recent years has spread to the public sector as the use of Unmaned Aerial Vehicle are being used for analysis because many types of UAVs in the private sector for a variety of purposes. Drones gas alone is not no meaning, because it holds, including ground equipment, and communication with ‘the system’ is emphasized these points Unmanned Aerial System - it referred to as (UAS Unmanned Aircraft System). In other words, the gas section only if expressly as described above (UA: Unmanned Aircraft), also known as a recent International Civil Aviation Organization (ICAO: International Civil Aviation Organization), so remote control driver are always being and meaning that the ‘voluntary’ is stated that it is not unattended for calling with RPAS(Remotely Piloted Aircraft System). Even in Korea take advantage of drones is a situation that is growing explosively in areas including but not limited to military use as leverage. In this regard, the Ministry of Land is on the march “practical application civilian drone technology development” project that is underway since 2013 under a two-phase project over the total by 2022. That Unmaned Aerial Vehicle project of Ministry of Land through the practical development and dissemination based on the construction of domestic civil unmanned marine monitoring, recording, pesticide spraying, ambulance, search and rescue, meteorological and prevention accidents through the establishment versatility and safety management system. It is contributing to the core and to promote job creation by fostering the induction and the UAV industry, including the practical use of private domestic UAV technology in the future based on the creative economy industry. Looking to take advantage of the area of drones specifically in the public sector Today, naturalㆍmarineㆍland observation, border surveillance, pipelineㆍ wire rupture monitoring, volcanicㆍhurricane observation, marineㆍland surveying, forest protection activities are being utilized and disaster prevention in the private sector, leisure, as well as logistics, communications relay, pesticide, fisheries management, such as photographing filmㆍapplication range has been continuously expanded. Looking regard to the legal system for ensuring the safety of Civil Aeronautics Law and the legal system for the use of drones, Drone of the current Civil Aeronautics Law belongs to the unmanned flight device of the ultra-light flying devices. It is belongs to Among the unmanned flight device (self weight of less than 150kg, excluding the weight of the fuel drone or unmanned rotation flight equipment) powered unmanned flying device. But is actually a marine observation and investigation, fishing nursery etc. its own weight to form a majority must be mounted in the observation equipment is 150kg in weight in order to make effective use. But 50kg, 100kg the observation equipment is not suitable. Therefore, in order to take advantage of drones to enhance the effectiveness of the notion and legal position of the drone of Civil Aeronautics Law it should be specified to suit the technical level. Second, the business scope of the regulations regarding the use of drones is thought that a high probability that lists only the best projects on its utilization, and to ensure the stability in ultra-light flying devices business use projects. In particular, the business scope that is listed has been limited to the contents of most of the public sector, which is utilized as the area enumerate though, despite a few high probability infinite parts in accordance with the development of technology, even in the private sector is expected to be improved. To solve this problem step by step seems to need further revision levels can have on the degree of business aircraft use range. Third, The range of ultra-light aircraft and flight equipment prescribed for use in aviation business and leisure sports regulate only flying device that can board most people. but To steer the drone or a pilotless and unmanned rotation flight device such as drones also improper to exclude from the scope may be air leisure sports. Fourth, according to the Aviation Act and current regulations are unmanned flying devices drivers must not be flying out of the range watches, it is also banned night flights. But if this rule is applied as offshore and it is difficult to ensure the effectiveness of marine research, observations. Therefore, it is necessary to define the technical level and to be suitable for use and stability. Fifth, Unmanned military aircraft operating in the current United States Armed Forces and military authorities were excluded from applies subject to put special case of domestic Civil Aeronautics Law. But, Come at any time of manned aircraft in airspace interfere with the operation of aircraft manned or of such incidents which may cause collision. In particular, unmanned rotation flight device as drone is a relatively recent development compared to the manned aircraft such as a state confidence in its stability in the world that is not secured. Therefore, even if military authorities and United States Armed Forces operating drones to deal with any such exceptional military aircraft(Unmaned Aerial Vehicle) to ensure the safety for civil aircraft shall apply our domestic Civil Aeronautics Law. Sixth, despite the advantages that can be utilized in a variety of ways, the drone operating system is vulnerable to security. The majority of drones is because the start-up using a GPS and a commercial wireless network. Therefore, it is necessary to develop a drone operating in the field of applied security technology suitable to be utilized in order to successfully utilize place and catch. In this construction a stable operating platform for making good use of hardware in the interior drone, and it should be stable to achieve the desired function by the application in accordance with the development of a standardized platform. It is true that new technologies such as drones that connects these risks are not yet a lot of anxiety demonstration. In many regulations it requires that also true that the legal system in safety to a more social and more drone technology called as consideration for a more progressive understanding and utilization of the drones can be utilized as a viable way will be clear this for a quick establishment I think it is necessary.

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