양주시 폐기물 관리 조례와 법률유보에 대한 연구 ― 대판 2019두39048 투기폐기물제거조치명령을 중심으로 ―

이순자 ( Lee¸ Soon Ja ) 한국환경법학회 2021 環境法 硏究 Vol.43 No.2

최근에 코로나19로 인해 잠시 공장의 가동이 중지되면서 지구의 공기는 좋아지고 생태계가 살아나고 있다는 보도가 있다. 하지만 코로나19 이후 늘어가는 폐기물에 대해 쓰레기 팬데믹이란 단어가 나오고 있다. 한편 2019년 경북 의성군에 무려 17만3000여t의 폐기물로 만들어진 쓰레기산이 외신에 보도되고 국제적 망신을 당하기도 하였다. 이를 계기로 환경부는 불법 폐기물 전수조사를 실시한 결과 총 120만 3천 톤의 불법폐기물을 확인했다. 그중 114.3만t은 2020년 12월까지 처리하여 6만t이 남았다. 하지만 전수조사 후 2019년 3월부터 2020년 12월까지 추가로 41.3만t의 불법폐기물이 발생했다. 이렇게 언론의 관심을 받았던 곳은 쓰레기가 치워지고 있지만 아직도 전국 곳곳에 처리되지 않은 쓰레기로 몸살을 앓고 있다. 2020년에는 「폐기물관리법」 청결유지의무 위반에 대한 대법원 판례가 처음으로 나왔다. 즉, 남의 땅에 토지소유자의 아무런 승낙도 없어 성명불상자가 버린 500t 이상의 쓰레기를 양주시가 토지소유자에게 「양주시 폐기물 관리 조례」에 근거하여 청결유지의무 위반으로 방치폐기물처리명령을 내렸다. 그러나 1심은 원고가 성명불상자가 버린 쓰레기를 치울 책임이 없다고 하였으나 2심과 대법원은 토지 소유자가 방치폐기물이 있음을 알고도 아무런 조치를 하지 않고 치울 노력을 하지 않은 것은 「양주시 폐기물 관리 조례」에 근거하여 청결유지의무를 위반한 것으로 양주시가 토지소유자에게 방치폐기물 처리명령을 내린 것은 정당하다고 판단했다. 1심과 다르게 2심과 대법원에서 토지소유자의 승낙 없이 무단으로 폐기한 폐기물에 대해 조례에 근거하여 방치폐기물 처리명령이 정당하다고 한 근거에 대해 법리적으로 문제는 없는지 되짚어볼 필요가 있다. 이에 판례에 대한 비판적인 분석과 더불어, 「폐기물관리법」 및 폐기물관리 조례의 나아갈 방향을 제시하였다. Recently, there have been reports that the plant has been temporarily shut down due to coronavirus, improving the air on Earth and reviving its ecosystem. However, the word “garbage pandemics” is emerging for the growing amount of waste since the coronavirus 19. Meanwhile, in 2019, a total of 173,000 tons of waste was reported by foreign media and humiliated internationally in Uiseong-gun, North Gyeongsang Province. As a result, the Ministry of Environment conducted a full investigation into illegal waste and confirmed a total of 1.23 million tons of illegal waste. Of those, 114.3 million tons were processed by December 2020, leaving 60,000 tons. However, an additional 41.3 million tons of illegal waste were generated from March 2019 to December 2020. Trash is being removed from places that have received media attention, but it is still suffering from untreated garbage throughout the country. In 2020, the Supreme Court's ruling on violations of the obligation to maintain cleanliness of the Waste Management Act was issued for the first time. In other words, Yangju City ordered landowners to dispose of more than 500 tons of waste thrown away by a nameless box due to lack of consent from landowners on other people's land for violating their obligation to maintain cleanliness based on the Yangju Waste Management Ordinance. However, the first trial judged that the plaintiff was not responsible for cleaning up the garbage thrown by the unidentified person, but the second trial and the Supreme Court judged that the landowner's failure to do anything about it was a violation of the Yangju Waste Control Ordinance. We need to investigate and think over the grounds why the 2nd trial and the Supreme Court unlike the 1st trial judged that the order to dispose of unauthorized waste was justified based on the ordinance. I have criticized the reason of the court and local government. Finally I presented the direction to improve legislation including the Waste Management Act and the Waste Management Ordinance.

Change of Water Use Efficiency and Carboxylation Efficiency in Chinese Cabbage and Radish inResponse to Elevated Temperature

Soonja Oh,Kyung Hwan Moon,In-Chang Son,Eun Young Song,Seok Chan Koh 한국원예학회 2014 한국원예학회 학술발표요지 Vol.2014 No.10

The Competitiveness of Korea, China and Japan in the Frame of ACFTA

Soonjae Shin 한국무역학회 2005 한국무역학회 국제학술대회 Vol.2005 No.12

The Competitiveness of Korea, China and Japan in the Frame of ACFTA

Soonjae Shin 韓國貿易學會 2005 國際學術大會 論文集 Vol.2005 No.12

Investigation of dexamethasone-mediated intestinal fructose transporter GLUT5 expression in intestinal epithelial cells

Soonjae Hwang,Sangbin Park,Uzma Yaseen,Ji-Young Cha 한국실험동물학회 2022 한국실험동물학회 학술발표대회 논문집 Vol.2022 No.1

PD10) Capsaicinoid and Total free-Sugar Contents Increase in Hot Pepper ‘Muhanjilju’ under Mild High Temperature Regimes

Soonja Oh,Eun Young Song,Seung Hwan Wi,Kyung Hwan Moon,Seok Chan Koh 한국환경과학회 2018 한국환경과학회 학술발표회 발표논문집 Vol.2018 No.11

Establishment of automated manufacturing system for highpurity [18F]Sodium fluoride: 3-year production experience

Soonjae Jung,Jae Yong Choi,Jung Young Kim,Sang-Jin Han,Youngbeom Seo,Kyo Chul Lee,Young Hoon Ryu 대한방사성의약품학회 2019 Journal of radiopharmaceuticals and molecular prob Vol.5 No.1

A bone metastasis is an important factor for prognosis and treatment of breast or prostate cancer patients. [18F]Sodium fluoride ([18F]NaF) is a PET radiopharmaceutical that can detect bone metastasis. Conventional[18F]NaF production process included radioactive metal impurities because the product was prepared byadding saline after beam irradiation to [18O]H2O. In this study, we apply the method of removing radionuclidicimpurities. To meet the criteria prescribed by GMP in quality control, we designed the custom-made [18F]NaFautomatic module. The mean radiochemical yield was 82.1 ± 4.4% (n = 32) productions for 3 years) and thetotal preparation time was 4 min. The final produced [18F]NaF solution meets the USP criteria for quality control. Thus, this fully automated system is validated for clinical use.

The improvement of electrical properties of InGaZnO (IGZO)4(IGZO) TFT by treating post-annealing process in different temperatures.

Soonjae Kim,Hoojeong Lee,Heejun Yoo,Gumhee Park,Taewook Kim,Yonghan Roh 한국진공학회 2010 한국진공학회 학술발표회초록집 Vol.39 No.-

The Effect of TOURISM CONSTRAINTS on the Tourism Related Satisfaction in a Pandemic Situation

Soonja Lee,Moonjoo Kim J-INSTITUTE 2021 Regulations Vol.6 No.4

Purpose: This study examines the factors of tourism constraints which influence the tourism industry, discover the factors which can increase the tourism related satisfaction by articulating the effects of tourism constraints on the tourism related satisfaction, and utilize them for developing and marketing the tourism resources and tourism products required for the growth of the sustainable tourism industry. Method: In order to achieve the purpose of this study as such, the factors were derived through the factor analysis, and the multiple regression analysis was performed to examine the relationship between the tourism constraints and the tourism related satisfaction, and the following conclusions were arrived. Results: First, as a result of the exploratory factor analysis, it turned out that health and cleanliness (sanitation) were the variables which have had the largest influence on the tourism constraints, followed by safety, climate and weather. That is, it may be said that securing and guaranteeing health, hygiene, and safety would determine the success of being a tourist destination. Hence, as for the tourism revitalization and the sustainable development in the aftermath of the pandemic, thorough preparations for infectious diseases which may occur again, hygiene and cleanliness of tourist destinations, and the environment for achieving political and economic stability and safety are required alongside the measures for achieving them. Second, based on the analysis of the causal relationship between the tourism constraints and the tourism related satisfaction, tourist destination related environmental constraints, internal constraints, and economic and environmental constraints influence the tourism related satisfaction in a positive direction, and the information and health constraints have a negative effect on the tourism related satisfaction, while the information and health constraints turned out to have a negative effect on the tourism related satisfaction. Conclusion: That is, it means that the satisfaction following tourism increases in the case of overcoming tourism environment, internal and economic and environmental constraints, and the tourism related satisfaction would decrease if there are information and health constraints. Hence, when planning and developing the tourism products after the pandemic, it is necessary to investigate and examine as to whether the tourist destination can respond to and treat infectious diseases, possibility of the occurrence of abnormal climates such as El Niño, and countermeasures, etc.

Design and Making of Smart Safety Clothing Applying Advanced Devices of Electrical and Electronic Engineering

( Soonja Park ),( Sunwoong Kim ),( Jiyeong Jeong ),( Chonghwan Won ) 한국감성과학회 2020 춘계학술대회 Vol.2020 No.-

The purpose of this study is to introduce self-illuminated LEDs to maximize visibility over long distances, develop the system to recognize living bodies from afar, and attach them to safety vests to enable detachment and continuous operation. Ultimately it is to prevent accidents and casualties during roadside work orwhen pedestrians are walking or crossing the road, and in industrial work or hiking at night. To make the vest and suspender-type safety belt which attached LEDs, we prepared a width of 5cm retroreflective films and shoulder bands. In addition, multi-color LED light sources and controller for improving visibility prepared, and programs were developed to control them. And a portable charging auxiliary battery has been prepared as a power source for system operation LEDs for improving visibility were combined with protective lens covers and were located between the retroreflective film and the belt. The power connection between LEDs was connected by wires that are well-current and flexible considering the flexibility of the belt as well. On the waist of the completed belt, control system is disposed. It was programmed to flash at constant intervals when power is applied by the switch. Also, in order to increase visibility during operation, the suspender was extended from the shoulders to the upper arms. The making method is to insert an LED between the retroreflective film and the auxiliary film and attach the T-shaped detachable LED armbands. Additionally those keep blinking or constant lighting so that the wearer's location and movement, such as a night operator, can be perceived better.