기업금융시스템 하부구조 개선방안

이건호(Kun-Ho Lee),김서경(Suhkyong Kim),이태규(Taekyu Lee) 한국경제연구원 2004 한국경제연구원 연구보고서 Vol.2004-22 No.-

Since the outbreak of the financial crisis in 1997, an important implicit policy goal of the Korean government with respect to the financial system has been the transformation of the traditional bank-based system into a market-based one. The regulation on debt ratio imposed on large corporations is an important reflections of this goal. Following substantial policy efforts, the soundness of the corporate and the financial sectors has been largely improved. In this paper, however, we argue that the financial system might still be premature as an efficient intermediation for corporate activities. The following points support our doubts about the current system: First, the low debt ratio of the corporate sector is a more or less a direct consequence of the strongly enforced debt regulation, and as such, it is too early to say that this debt ratio is sustainable in the long run. In addition, the dramatic fall in the debt ratio has largely been driven by a decrease in firms' demand for investment funds. Moreover, blue-chip companies have been holding excessive cash and continues to play a role as the main supplier of funds, with the household sector as the main consumer of these funds, which is, in a sense, a reversal of the traditional intermediation process. The capital markets still remain somewhat fragile to exogenous shocks and their role as an efficient resource allocations still needs to be strengthened. Corporate financing through capital markets remains less vigorous and the relative dependence of corporate financing on the banking system is again on the rise. However, the size of funds from banks as of 2003 is almost the same as the size in 1997, which implies that the banks' financial support for the corporate sector is still dwindling. At the same time, long-term corporate financing for large-scale investments has almost disappeared. Based on these observations, we argue that the government's attempts to build a market-based financial system, despite improvements in the soundness of the corporate and financial sectors, is still far from building an efficient financial system for corporate activities. A major reason for this failure, we believe, is that the system transformation has not been concomitant with a well-functioning financial infrastructure. We argue that achieving an efficient corporate financing system should start from strengthening financial infrastructure that includes enhancing efficiency in the creation and circulation process of financial information, deregulation of financial services, elimination of unnecessary regulations, development of a junk-bond market, diversification of bond maturities, amongst others. At the same time, efforts to enhance a firm's transparency as well as strengthening market discipline should be continuously made. Considering the fact that the capital markets are not functioning well and remain fragile to exogenous shocks, it is important to increase the efficiency of resource allocation through bank or bank-like financial institutions. In order to do this, unnecessary government intervention should be mitigated in the loan markets, and rather, fostering financial institutions that specialize in corporate loans and which reduce the pro-cyclicality of the BIS capital regulations should be emphasized as important policy objectives.

고령화사회에서 노인학대에 대한 형사법적 대처

이건호 ( Kun Ho Lee ) 한국경찰법학회 2008 경찰법연구 Vol.6 No.2

In recent years the older persons in Korea are living longer than ever before and in greater numbers than previously experienced with advances in medical research, nutrition, and health care. But reported cases of elder abuse are increasing as older persons live longer. The older person might be easily subjected to being a pray of the crimes more than the younger, because the older person usually is becoming weaker and weaker gradually. The older persons are usually reluctant to report the elder abuse, because the perpetrator of abuse is a member of their family in many cases. In those cases older victims are afraid of being broken off from the family members for his or her abuse report. In some cases older victims are not able to report the abuse, because the older victims suffer from physical and cognitive disabilities. In these situations there are considerable difficulties in detecting and punishing the abusers as well as in supporting the older victims. The perpetrator of elder abuse is usually subjected to the criminal sanctions. Through the criminal sanctions the criminal justeice system aims to detect the abusers and to reform and rehabilitate them. But in that way there is no place to help and support the old victims. The elder abusing situation recurs again, because the elders who suffered from mistreatment remain in the same circumstances or same places including the health care facility and home. In that way there would be no problem solving against the elder abuse. In order to cope with the elder abuse appropriately, it is necessary to raise up the reliability of the criminal justice system and to ensure a more sufficient support for older victims. It is also necessary to construct a integrated support system for elders, which deals the elder abuse case, offers medical care for elder abuse victims and advises to elders who care about the financial exploitation problems.

조건설과 합법칙적 조건설에 대한 방법론적 관점을 통한 고찰 – 데이빗 흄의 인과론과 철학적 관점을 중심으로 –

이건호(Lee, Kun-ho) 강원대학교 비교법학연구소 2020 江原法學 Vol.60 No.-

형법학에서 인과관계논의는 조건설과 객관적 구성요건론에서 계속적인 발전을 해온 것으로 생각된다. 그 결과 형법의 인과관계론은 여타 학문 분야의 논의와는 그 관련성이 단절되었던 것으로 볼 수 있다고 생각된다. 현재 학설들은 엥기쉬의 합법칙적 조건설 등 몇몇 예외를 제외하면 형법만의 독자적인 인과관계론이 있다고 파악하는 것이 통설적인 견해인 것으로 볼 수 있다. 이런 발전과정에서 인과관계론과 객관적 귀속론이 결과범의 객관적 구성요건론의 결론부분을 구성하는 것으로 보는 견해가 우세해지면서 이런 경향에 변화가 나타나게 된 것으로 생각된다. 즉 인과관계의 문제는 행위와 결과 사이에 존재하는 자연법칙적 관련의 문제로 객관적 귀속의 문제는 행위자에 대한 귀책의 문제로 파악하는 것이다. 그러나 형법학의 독자적인 인과관계의 문제라는 인식은 몇 가지 오해에서 비롯된 것이라고 보여지며, 오히려 철학 등에서 고찰되는 인과관계에 관한 논의들을 참고함으로써 형법해석론을 위하여 보다 명확한 입장의 정립이 가능하다고 생각된다. 이런 논의를 위해서 형법상의 인과관계이론과 철학상의 인과관계론의 연결점을 모색할 필요가 있다. 형법상의 조건설과 합법칙적 조건설이 철학의 논의로부터 그 이론적 단초를 얻어왔다고 생각되므로 우 학설들을 차례로 살펴봄으로써 철학적 논의와의 관련을 탐색해보기로 한다. 특히 엥기쉬의 합법칙적 인과론에 대해서는 저자 자신이 흄의 인과론 등으로부터의 관련성을 밝히고 있으므로 논의를 연결시키기에 적합하다고 생각된다. 그리고 철학적 인과론의 시작을 열었다고 평가되는 데이빗 흄의 인과론을 살펴봄으로써 논의를 전개하고자 한다. 시간적 선후관계에 있는 ‘외부세계의 변화들’은 서로 연결되어 있는 관계에 있게 되고 그러한 연결은 인과적으로 보이는 결합의 외관을 갖게 될 것이다. 실제로 인과적 결합으로 연결되어 있는가 하는 점이 법칙적 연결의 문제가 될 것이다. 흄의인과론에 따르면 시간적으로 선행하는 사건A와 그에 따르는 사건B 사이에 일정한 법칙성이 존재해야 하는데, 그 법칙성이란 A와 비슷한 사건들에 B와 비슷한 사건들이 잇따름이 있어야 한다는 것, 즉 이런 상례성이 있어야 한다는 것이다. Conditional theory has many problems. The ‘theory of condition based on the covering law model’ is a legal doctrine that holds the status of influential theory in criminal law. It is an opinion asserted by Engisch that evaluates the logic and rationality of criminal justice judgment by replacing the abstract consideration method using the hypothetical elimination procedure of conditional theory with the consideration of the relation between concrete action and outcome. The criminal theory of causality is whether it is a completely separate theory from the causality of philosophy or natural science. It should not be seen as completely separate from the discussion of philosophy or natural science. The causality theory of criminal law seems to have been disconnected from the discussion of other academic fields. As for the legal causal theory, Engisch, the author himself reveals the relevance from Hume’s causal theory. And I would like to develop a discussion by looking at David Hume’s causality, which is said to have opened the beginning of philosophical causality. Contrary to the reviewing of abstract results in hypothetical elimination procedures that determine whether the latter would have been absent without the former, ‘condition based on the covering law model’ differs in that it considers specific circumstances in individual cases and examines them through concrete results. The “changes in the outside world” in the temporal relationship will be connected to each other, and the connection will have a causal appearance. Indeed, whether or not they are connected by causal coupling will be a matter of “natural law based” connection. In a specific case, when the judicial involvement between changes in the outside world in relation to the causal relationship between action and consequences arises, the question of which natural science law the judge will apply may arise. The judge will have to grasp the knowledge related to the laws of natural science at issue through the consultation of experts in the field of natural science. It is unclear how ‘behavior’ as an individual condition included in a precondition is caused independently. According to Engisch, transition from total conditions to individual condition is possible only on the premise of other conditions. Rather than incorporating the behaviors of actors into the causal linkages, it is necessary to decompose them into concrete stages to see if they can be organized into event concepts. If it could be revealed through examination of specific conditions that the behavior in question has a ‘natural law based connection’ with the occurrence of the preceding event as a prerequisite to the occurrence or occurrence of the event within the preceding event that contains the behavior, the behavior will be a causal action within an event related to the constitutive outcome.

송·배전 전력기기용 친환경 및 직류 절연소재·부품의 성능평가 시험기술 및 표준 개발

이건호(Kun-Ho Lee),연복희(Bok-Hee Youn) 대한전기학회 2022 대한전기학회 학술대회 논문집 Vol.2022 No.7

마약문제의 해결을 위한 각국의 전략 비교분석

이건호(Lee Kun Ho) 한림대학교 법학연구소 2004 한림법학 FORUM Vol.15 No.-

The problem of drug abuse had been already seemed as a major plague of 20th century in the international society. The United Nation and other international organizations requires the cooperation of many countries and NGO in order to prohibit the illegal drug manufacturing and trafficking and to prevent the diffusion of drug abuse. Apart from the requirement of the international society, the governments of many countries already acknowledged the injurious effects of the narcotics and prohibited the sales and possession of a certain categories of narcotics except the usage for medical treatment. The drug control strategies which each nation adopts are various and different according to the political condition and crime situation of each country. For example, the governments of some countries like USA and Japan adopted the strict prohibition strategy, and the manufacturing and trafficking of the drug usually is felony crime on which severe punishment is imposed. In Japan the drug abusers are treated as a criminal who is sentenced to the prison for some years at usual, and some drug abusers are sent to the medical center compulsorily for rehabilitation. In some european countries like Netherlands, the government allows the sales and usage of some drugs like marijuana which is regarded as the soft drug. In Netherlands the government strives to avoiding the punishing of drug abuse and drug possession for own usage. The Methadone is supplied to some drug abusers under the prescription of the doctor for the purpose of medical treatment for abusers. But in Netherlands, the manufacturing and illegal trafficking of the narcotics without the permission of the government is regarded as a felony crime and the severe punishments are imposed upon the drug criminals. Recently, some persons claim that the use of soft drug like marijuana ought to be allowed as one of the liberal acts in privacy. They say that the use and abuse of narcotics is seen as a self injuring by which no other people is injured. Also they claim that the governments of some european countries which allow the use of drug adopted some advanced drug policies and that governments occupied the progressive position in the realm of human rights above the other countries which don’t. This sort of claims are wrong in some points. Firstly, the drug abuse is not a self injuring at all. For example, suppose a drug abuser who is driving a car on the street of a down town. People might be injured by him because he might be under influence of toxication, Secondly, the drug abuse is not a sort of liberal acts in the domain of privacy. The drug abuser needs some assistances of other people in the form of manufacturing and saling of the narcotics. But the manufacturing and saling of illicit drug is a felony crime under current penal code perhaps in almost countries. That is to say, the drug abuser can make other people a criminal and sent to the prison for the sake of abusers’ pleasure, In this perspective, the drug abuser causes as series of many illegal acts of manufacturing, trafficking, and saling drug, and the drug abuser must be blamed by the name of social justice. We can conclude that it is a matter of penal policy whether the drug abuser must be punished, because drug abuse brings about many related crimes. It explains that the drug strategy of european countries which allow the possession of soft drug for own use is not a advanced position of their government. It is a kind of strategical choice which can make this government concentrate the countermeasure on control and prohibition of hard drug. The drug abuse is not a problem of human rights but only a target of penal strategy. In my opinion the drug abuse for his own pleasure must be punished as a crime. Government must prohibit the possession of drug for own use. Because the allowance of possession for own use can cause the rapid dissemination of illegal drug in adolescents who can be easily influe

범죄피해자구조제도에 관한 연구

이건호(Lee Kun-Ho) 한국형사법무정책연구원 1999 형사정책연구원 연구총서 Vol.- No.-

Die Sondernorm und die Sorgfaltspflichtverletzung im Fahrl ssigkeitsdelikt

이건호 ( Kun Ho Lee ) 한국경찰법학회 2007 경찰법연구 Vol.5 No.1

Nach §14 (K)StGB ist das Fahrlassigkeitsdelikt zu bejahen, wenn der Tater die gesetzlichen Tatbestande durch eine Vernachlassigung der normalen Sorgfalt(d.h. im Verkehr erforderlichen Sorgfalt) verwiklicht hat. Um zu prufen, ob das Fahrlassigkeitsdelikt vorliegt, ist es zuerst zu prufen, ob der Tater die im Verkehr erforderlichen Sorgfalt außer Acht gelassen hat, d.h. ob er die Sorgfaltspflichtverletzung begeht hat. Zunachst muß die Uberprufung fur die Sorgfaltspflichtverletzung des Taters die objektive Sorgfaltspflicht durch die im verschiedenen Gesetze bestimmte Sorgfaltsnorm feststellen, dann ist es zu prufen, ob er die solche Sorgfaltspflicht in konkreten Falle verletzt hat. Nach die h.M. hat sich die Ansicht durchgesetzt, daß die Verletzung einer Sondernorm ein Anzeichen fur die Voraussehbarkeit des tatbestandmaßigen Erfolges gebe. Es heißt, die Sondernorm indiziere den Verstoß gegen die Sorgfaltspflicht. Aber eine wechselseitige konstitutive Beziehung besteht nicht zwischen der Verstoß der Sondernorm und der Verstoß gegen die Sorgfaltspflicht. Weil das abstrakte Gefahrdungsverbot der Sondernorm ist ohne Einfluß auf die konkrete Gefahrenprognose, d.h. ob straftatbestandsmaßiger Erfolg tatsachlich verwirkicht wird. Fur die konkrete Gefahrlichkeit ist gleichgultig, ob Gefahrdungsverbot der Sondernorm typisch ist. Damit es besteht keine konstitutive Beziehung zwischen der Verstoß der Sondernorm und der Verstoß gegen die Sorgfaltspflicht. Die Sondernorm indiziert nicht den Verstoß gegen die Sorgfaltspflicht.

아동·청소년의 성보호에 관한 법률 제2조 4호의 아동·청소년이용음란물 정의에 대한 검토

이건호 ( Lee Kun-ho ) 한국경찰법학회 2016 경찰법연구 Vol.14 No.2

The child pornography is prohibited by the law in many countries and internationally. It means the pornography which depicts or reprensents the image of the child or adolescent acting actually or simulatedly some sexual acts or sexual intercourse. `The Protection of Child-Adolescent Against the Sex Crimes Act` prohibits the acts of making, carrying, selling, exhibiting, representing or possessing the child pornographies. The Act also prohibits the making, carrying or possesseing etc. of the virtual child pornographies. The Act prescribes the virtual pornography abstactively in number 5 of the article 2 as “the person or the representation which is recognizable as child or adolescent, who is represented and acts the sexual behavior or some of the other sort of sexual action, and that image includes the visual and pictorial image, video material, computer game, … `. But it is doubtful wheather the above mentioned provision is correctly prescribed the virtual child pornography, or wheather the provision breaches the definitive prescription standard of the Legality principles. The Constitutional Law Court decided the correctiveness of the clause in the constitutionality of the law case of the Act. The Court judged that the clause of the Act is definitive and clear, so the Act does not breached the constitutioality. But the minority opinion of the Court decided the case in opposite view. They judged the clause of the Act is abstract and ambiguous as the penal code, so they decided the clause breaches the definitive standard. The Act was reformed the clause of number 5 of the article 2 as more difinitive by inserting the word “is recognizable definitively”. But the difinitiveness of the clause is questioned as ever, because the words “representation” and “some of the other sort of sexual action” includes some abstractness and ambiguity. Also the appropriateness of the criminalization and punishing as crime against the children of the virtual child pornography is not obvious. The virtual material does not include any real child/juvenile image, and so any right or interest of real person of child/juvenile is infringed or attacked. It is just the moral sensitivity or ethical norms that the virtual material breaches or infringes. The effect of criminal justice system would be diminsished by punishing the virtual child pornography, and the citizen`s fundamental right for the art and expression could be brought in danger by the excessive regulation for the visual media. Because the abstractiveness and ambiguity of the Act is not removed by the reform of the clause. It is the more effective measure for the crimes against children and adolescent and the child pornography crime that criminal justice system fight to keep the children from behaviors such as corrupting the children. Such behaviors are for example, exposing, showing, spreading or selling the pornographic materials knowingly or on the purpose of infringing the right of children/adolescent in the way of easily being noticed to children or adolescent. These behaviors should be punished by more tough penalties like the countries such as Germany, Austria and France.

수소탱크 폭발로 인한 인근 구조물의 동적거동

이건호(Lee, Kun-Ho),김재현(Kim, Jae-Hyun),최승호(Choi, Seong-Ho),허인욱(Heo, Inwook),이석인(Lee, Seok-In),김강수(Kim, Kang Su) 한국콘크리트학회 2021 한국콘크리트학회 학술대회 논문집 Vol.33 No.1

산화물 반도체를 이용한 실내 공기질 가스 센서 연구동향

이건호 ( Kun Ho Lee ),이종흔 ( Jong-heun Lee ) 한국공업화학회 2020 공업화학전망 Vol.23 No.3

사람들은 대부분의 시간을 실내에서 보내고 있으며, 실내에 존재하는 유해가스는 미량의 농도에도 불구하고 심각한 질환을 일으킬 수 있다. 금속산화물 반도체 가스센서는 감도가 우수하고, 구조가 간단하며, 초소형화가 가능한 장점이 있어 고가의 대형 장비를 사용하지 않고 실내 유해가스를 측정하는 데 효과적으로 이용될 수 있다. 본 기고문에서는 금속산화물 반도체를 이용한 가스 센서의 검지 원리를 고찰하고, 나노 구조 조절, 마이크로 리액터 및 이중층 구조를 이용한 가스 개질 등 실내 유해가스 측정을 위한 다양한 센서 설계방법을 소개하고자 한다.