최근에 제정된『秩序違反行爲規制法』으로 인한 社會的 波長

김종천 중앙대학교 법학연구원 2008 法學論文集 Vol.32 No.2

Recently the government promulgated Act on the Regulation of Violations of Public Order on December 21, 2007, in order to execute efficiently delinquent fine. It announced that an amount in arrear shows a tendency to increase in every district because there are many cases that fine related to vehicles such as traffic and parking violation and for waste dumping is unpaid. Like this, the major cause of increase of an amount in arrear is that any additional dues or any disadvantages are not imposed on defaulters. After June 22, 2008, by the present Act on the Regulation of Violations of Public Order, delinquent fine for negligence for violations of public order payers will be disadvantaged. For example additional dues are imposed up to 77% of the unpaid fine for negligence. And their property can be attached by the delinquency disposition. However in reference to imposing a fine for negligence for administrative offenses against public order, similar regulations related to criminal tatbestand, illegality, tatbestand about criminal responsibility and joint principal offender and so on were legislated. It carries an important meaning to provide criminal crime tatbestand in the law of a fine for negligence which is a punishment for administrative offenses against public order that makes the necessary conditions for a fine for negligence precise. But administrative offenses against public order have been legislated taking criminal crime tatbestand. This seems to regard a fine for negligence as a punishment and the boundary between criminal punishment and administrative punishment for offenses against public order may be obscure. To fulfill duties efficiently at law and protect national rights and profits under the purpose clause of Act on the Regulation of Violations of Public Order, articles on conditions for completion of offenses against public order, fine for negligence imposition ․ collection and trial have been provided but I have doubts if it can truly protect national rights and profits. So in case of payment delinquency of a fine for negligence for administrative offenses against public order, the rapidity and the efficiency are too emphasized in Act on the Regulation of Violations of Public Order for collecting taxes which is the public purpose, therefore I raised the point at issue that this is an excess restriction as means for national safety device. When a fine for negligence is delinquent habitually and in a large amount, provisions about collection of additional dues, restriction of government-licensed business, offer information of defaulters to an organ of credit information and detention can infringe on property right and civil liberties(right of privacy and freedom of business), accordingly the legislator should continuously observe and revise that law. In public law, when legislatures make a law, it balances the public interest against the private interest. Also this issue is the principal of the proportion. It is the eternal issue about the law and the justice and the strict responsibility and duty that harass him to solve this problem wisely and without injustice to anyone. So the legislator should be always concerned about the sprit of the law, speculate modestly on human nature and rearm precisely the logic of the law and then he should make a law that can make trouble in the realities of law Recently the government promulgated Act on the Regulation of Violations of Public Order on December 21, 2007, in order to execute efficiently delinquent fine. It announced that an amount in arrear shows a tendency to increase in every district because there are many cases that fine related to vehicles such as traffic and parking violation and for waste dumping is unpaid. Like this, the major cause of increase of an amount in arrear is that any additional dues or any disadvantages are not imposed on defaulters. After June 22, 2008, by the present Act on the Regulation of Violations of Public Order, delinquent fine for negligence for violations of public order payers will be disadvantaged. For example additional dues are imposed up to 77% of the unpaid fine for negligence. And their property can be attached by the delinquency disposition. However in reference to imposing a fine for negligence for administrative offenses against public order, similar regulations related to criminal tatbestand, illegality, tatbestand about criminal responsibility and joint principal offender and so on were legislated. It carries an important meaning to provide criminal crime tatbestand in the law of a fine for negligence which is a punishment for administrative offenses against public order that makes the necessary conditions for a fine for negligence precise. But administrative offenses against public order have been legislated taking criminal crime tatbestand. This seems to regard a fine for negligence as a punishment and the boundary between criminal punishment and administrative punishment for offenses against public order may be obscure. To fulfill duties efficiently at law and protect national rights and profits under the purpose clause of Act on the Regulation of Violations of Public Order, articles on conditions for completion of offenses against public order, fine for negligence imposition ․ collection and trial have been provided but I have doubts if it can truly protect national rights and profits. So in case of payment delinquency of a fine for negligence for administrative offenses against public order, the rapidity and the efficiency are too emphasized in Act on the Regulation of Violations of Public Order for collecting taxes which is the public purpose, therefore I raised the point at issue that this is an excess restriction as means for national safety device. When a fine for negligence is delinquent habitually and in a large amount, provisions about collection of additional dues, restriction of government-licensed business, offer information of defaulters to an organ of credit information and detention can infringe on property right and civil liberties(right of privacy and freedom of business), accordingly the legislator should continuously observe and revise that law. In public law, when legislatures make a law, it balances the public interest against the private interest. Also this issue is the principal of the proportion. It is the eternal issue about the law and the justice and the strict responsibility and duty that harass him to solve this problem wisely and without injustice to anyone. So the legislator should be always concerned about the sprit of the law, speculate modestly on human nature and rearm precisely the logic of the law and then he should make a law that can make trouble in the realities of law

대 테러진압용 비살상 Taser Gun 무기사용의 판단기준에 관한 연구

김종천 중앙대학교 법학연구원 2010 法學論文集 Vol.34 No.2

The taser gun is an electric stun gun which allows police to deal with violent people without causing injury or death. It was introduced for the police to have ascendancy over the violent criminal into the country in 2005. For the first time, policemen used taser guns to protect colleagues beaten by the strikers at the Pyeongtaek plant of Ssangyong Motor Co. in 2009. As a result, some unionists were wounded and using taser guns has been controversial. Policemen can use a weapon to arrest the culprit, control the unlawful interference with an officer in the execution of his duty or protect themselves with rational reasons. But using a weapon is limited. Because the excessive use of weapons by the police may kill people. So how solve the problems that guarantee the safety of the lives and bodies from risks caused by consulting the public interest of the police? The solution to these problems should be found on Proportionality in the realm of the constitution and the police administrative law. And concrete criteria for the police as a standard of judgment should be arranged to prevent a fatal accident caused by using a taser gun. After all a taser gun should be used under the rational and concrete criteria, it is needed to move forward on democracy and a country governed by law. 2009년 7월 22일 경 경찰이 쌍용차 평택공장 점거농성 노동자들을 진압하는 과정에서 공개됐던 한 장의 사진은 많은 국민들을 분노케 했다. 그 사진은 노동자의 뺨에 화살모양의 총탄이 박혀 있는 것이었다. 그 총탄은 경찰이 시위진압 능력을 향상시킨다는 명분으로 처음 사용한 대 테러장비 테이저건(Taser Gun)이었다. 테이저건은 흉악범이나 강력범을 제압한다는 목적으로 2005년 국내에 도입됐다. 경찰은 테이저건의 안전성을 둘러싼 주장이 팽팽히 맞서고 있음에도 불구하고 명확한 사용기준, 이를 검증할 제도적 장치가 없는 상태인데도 불법 집회를 제압하고자하는 목적으로 이를 사용하고 있다. 실제로 경찰관은 범인의 체포·도주의 방지, 자기 또는 타인의 생명·신체에 대한 방호, 공무집행에 대한 항거의 억제를 위하여 필요하다고 인정되는 상당한 이유가 있을 때 그 사태를 합리적으로 판단하여 필요한 한도 내에서 무기를 사용할 수 있다. 즉 경찰관의 직무수행 중 실효성 확보를 위하여 무기를 사용하게 되는데, 이 경우 일정한 한계를 가진다고 하겠다. 경찰관이 무기를 사용할 수 있는 요건에 해당되었다고 판단되어 무기를 사용하여 그 피해의 결과로 사망한 경우 대부분 경찰관의 총기사용이 “위법하다”고 국가배상책임을 지던지 아니면 민사상 손해배상책임을 져야한다는 판결이 존재하고 있다. 따라서 공공의 안전과 질서유지라는 경찰의 공공의 이익과 그 직무로 야기될 수 있는 국민의 생명과 신체 등의 안전성 보장이라고 하는 문제를 어떻게 해결하여야 하는가가 문제가 되는데, 이런 경우 헌법 및 경찰행정법 영역에서 법원리인 비례의 원칙(Verhältnismäßigkeitsprinzip)을 통하여 해결점을 찾아야 할 것이다. 이러한 법 원리를 통하여 경찰관의 Taser Gun 무기사용으로 인하여 무수한 시민들의 사망이라는 결과가 발생하기 전에, 미리 “상당한 이유”에 대한 구체적인 기준을 만들어 경찰관에게 Taser Gun 무기사용에 대한 판단지침으로 마련되어져야 하겠다. 즉 경찰관의 Taser Gun 무기사용에 대한 기준으로 경찰관에 대한 “위해의 급박성(절박성)과 저항의 강도(난폭성), 범죄의 죄질 및 피해법익의 경중, 경찰관의 수와 범죄 혐의자·무기발사의 방향(복부 이하)”에 따라 판단지침을 설정할 필요가 있음을 제시하였다. 결국 경찰관의 Taser Gun 무기사용은 합리적이고 구체적인 기준 하에서 사용되어지는 것이 보다 선진화된 법치국가를 실현할 수 있고, 민주주의를 실현할 수 있다고 하겠다.

하천범람으로 인한 국가배상책임에 관한 연구

김종천 중앙대학교 법학대학 2004 法政論叢 Vol.39 No.-

약국개설등록 신청거부[반려] 처분취소 : 서울행정법원 2001. 8. 17. 선고 2001구17691 판결(1심)과 서울고등법원 2002. 12. 10 선고 2002누7335(1심, 2심) 판결을 중심으로

김종천 中央大學校 法學硏究所 2005 法學論文集 Vol.29 No.2

In the pharmaceutical affairs law, by the Article 16, Clause 5, Subparagraph 2, it is supposed to refuse the registration of the opening pharmacy, if someone wants to open a pharmacy in the medical institution or the compound of it. In the case I, the plaintiff (a Pharmacist) applied for the registration of the opening pharmacy in the single building with one story below and four above the ground. The defendant (the administrative agency), however, made a denial of the opening pharmacy based on the pharmaceutical affairs, the Article 16, Clause 5, Subparagraph 2. In the case II, about the possibility of the passing the registration of the opening pharmacy in the compound of the Hanyang University, the court of the first instance approved it, but the high court canceled the former decision based on the pharmaceutical affairs law, by the Article 16, Clause 5, Subparagraph 2. So I searched both where we can find out the concept of the medical institution described in the pharmaceutical affairs law, by the Article 16, Clause 5, Subparagraph 2, and whether the opening pharmacy registration act is a "binding act" or a "discretion(Ermessen) act", and analyzed for the registration of the opening pharmacy in the pharmaceutical affairs law to be construed strictly considering the freedom of the business guaranteed constitutionally. After searching the two cases, I studied on what is the alternative to complement the pharmaceutical affairs law, the Article 16, Clause 5, Subparagraph 2 with the traditional interpretation methodology of the law. Interpreting the meaning of the pharmaceutical affairs law. the Article 16, Clause 5, Subparagraph 2 literally, it has another conclusion unlike our thinking to approve the registration of opening pharmacy in the single building. Therefore if the court interprets not based on the literal standard but based on the alternative about the conceptive important factors to the interpretation in the pharmaceutical affairs law, by the Article 16, Clause 15, Subparagraph 2, I think we will be able to assent to the result of the judgement about both the case I and the case II. I feel the lack of not showing the clear interpretation standard with some conceptive factors, in court, as to whether the opening pharmacy is allowed in the single building or not allowed in the compound of the university. And the we should establish the standard that the opening pharmacy is allowed or not. In conclusion, I wish the pharmaceutical affairs law, by the Article 16, Clause 5, Subparagraph 2 become the interpretation standard to the medical officer of Seoul, Kwangyeoksi(metropolitan cities), Si(towns), Do(provinces), Gun(countries).

식물생장조절제 처리가 사과나무 및 대목의 발근에 미치는 영향

김종천 建國大學校附設 農業資源開發硏究所 1998 農資源開發論集 Vol.20 No.-

Since the intensive cultivation of apple trees needs a lot of nursery trees at a time, hardwood cutting process to produce cheap nursery trees was tested in this experiment. Cultivars of Fuji and Tsugalu, and rootstocks of M9, M26 and Malus pruniforia B. were utilized for this purpose. The summarized results are as follows. The rooting ratio was very low in cultivars of the Fuji and the Tsugalu and in rootstocks of the M9; therefore, it seemed impossible to propagate them by the hardwood cutting process. The rooting ratio of the M26 rootstocks was 34 percent by this method; however, it was not good enough result to be economical. The rooting ratio of the Malus pruniforia B. rootstocks was 100 percent with no treatment. Two plant growth regulators were treated to the M26 rootstocks: the rooting ratio increased significantly when NAA with 2,500 ppm was applied, but there was only a tendency when IBA+NAA was applied. Debudding basal part of the hardwood cutting scion of the M26 rootstocks increased the rooting ratio. No considerable difference was found between inorganic elements and carbohydrate contents of the bark of hardwood cutting scions and rooting.

葡萄 Pione 品種의 貯臟에 관한 硏究

金鍾天 建國大學校 附設 農業資源開發硏究所 1993 農資源開發論集 Vol.18 No.-

포도 Pione 품종을 0.018mm 두께의 PE 필름봉지에 넣고 여러 가지 처리를 하여 9월 11일부터 12월 16일까지 95일간 0-4℃의 냉장고에 저장한바 그 결과를 요약하면 다음과 같다. 1) PE 필름봉지에 SO₂發生劑(grape guard)를 넣은 처리는 脫粒과 곰팡이 발생이 현저히 감소되어 12월 16일까지도 저장이 가능하다고 생각되었다. 2) PE 필름봉지에 SO₂發生劑를 넣은 處理는 저장포도의 당도·산도 및 果房의 生體重 감소에 큰 영향을 미치지 않았다. 3) 두 겹 신문봉지에 넣어서 저장한 區는 저장기간중 生體重의 감소율이 현저히 높아 포도의 상품가치를 早期에 상실하였다. 4) 穗梗, 枝梗, 果粒梗의 변색 정도를 보면 T₁ 즉 두겹 신문봉지 區는 11월 2일부터 변색되기 시작하여 11월 25일에는 거의 완전히 黑變乾燥하였다. 그러나 SO₂ 發生劑를 넣은 T?와 T?구는 12월 16일까지 크게 변색되지 않았다. 5) 시기별로 조사한 脫粒 정도와 곰팡이 발생 정도를 보면 T?와 T?(SO₂發生劑 넣은 區)을 제외한 모든 處理區는 11월 2일부터 脫粒과 곰팡이 발생이 시작되었고 그후 점점 심해져서 12월 2일에는 완전히 상품가치를 상실하였다. The 'Pione' grapes were put into 0.018mm thick PE film bags and treated by several different treatments, then stored under controlled temperature(0-4℃) for 95 days (Sept. 10? to DEC. 16?). The results are summarized as follows: 1) SO2 conditioner(grape guard) in the bag inhibited berry shattering and fungus infection so effectively that grapes could be stored until Dec. 16?. 2) This treatment did not affect fresh weight of cluster, sugar content, and acidity of stored grapes significantly. 3) Wrapping twofold paper bags(T₁) led to unsaleable grape during the short period of storage because of significant loss in fresh weight. 4) Discoloration of cluster stalk and pedicel was begun from Nov. 2? and became to black and dry up on Nov. 25? when T¹ was treated. However, this phenomenon was not significant until Dec. 16? when SO₂conditioner(grape guard) were treated(T? and T?). 5) The berry shattering and the fungus infection were observed from Nov. 2? and grapes become unsaleable on Dec. 2? in all treatments, except T? and T?.

필름種類와 LCA 條件發生濟의 處理가 배의 鮮度維持에 미치는 影響

金鍾天 建國大學校 附設 農業資源開發硏究所 1992 農資源開發論集 Vol.17 No.-

우리나라 배 중에서 주요한 輸出用 品種인 신고를 供試하여 필름의 種類別 또 필름봉지 內에 LCA 條件發生劑를 넣고 저장하였을 때에 包裝필름 봉지내의 가스 造成狀況과 저장 果實의 品質등을 조사한바 그 결과를 요약하면 다음과 같다. 1. 필름內의 에칠렌 농도가 0.5ppm 이하로 유지되고 이산화탄소 농도는 약 4-10%로 유지되며 산소농도는 6-8%로 유지되는 1B 處理가 본 시험에서는 가장 좋은 공기 조성을 보였다. 2. 저장 과실의 硬度는 1B와 20A가 높았고 糖度는 모든 處理區가 無處理 對照區보다 낮았는데 이것은 處理區는 필름 밀봉으로 인하여 果實의 水分 蒸散이 억제되었기 때문에 상대적으로 당도가 낮아진 것으로 생각된다. 3. LCD 條件發生劑를 사용하지 않은 20A處理區에서 극히 높은 이산화탄소와 낮은 산소량이 필름 내에 조성되는 것으로 보아, 필름의 가스透過性과 LCA條件發生劑의 특성들이 배의 呼吸率을 적절한 조화를 이루지 못하는 것 같다. 따라서 새로운 필름을 선택하여 재실험을 하는 것이 필요하다고 사료된다. The influence of packaging with various film bags having different gas permeabilities and addition of LCA(low ethylene controlled atmosphere) conditioner on the gas compositions in the film bags and qualities of stored fruits were investigated in pear(Pyrus pyrifolia var. culta(MAKINO) NAKAI cv. 'Shingo')which is one of major export fruits. The results were summarized as follows: 1. 1B treatment was most effective in maintaining proper gas compositions in film bag in which 〈 0.5 ppm ethylene, 4-10% carbon dioxide, 6∼8% oxygen were contained. 2. The firmness of stored pears was high in 1B and 20A and in soluble solids all treatment were relatively low than control. It was speculated that soluble solids of treatments were relatively low because transpiration from the fruits by using of film bag was retarded. 3. The extremely low oxygen and high carbon dioxide levels in 20A treatment without LCA conditioner indicated that the gas transmission properties of film and characteristics of LCA conditioner did not match the respiration rate of pear. Therefore, it would be need to select new films and to retest.

석유화학콤비나트방재시설의 안전성 확보에 관한 공법적 연구

김종천 한양대학교 법학연구소 2010 법학논총 Vol.27 No.3

A gas leak or a gas explosion can be very dangerous and kill many people. In 2005,actually there was an hydrochloric acid gas leakage accident in Yeosu, accidents involving a gas leak of more than 10 have occurred. A gas leak can be caused by aged various facilities and pipes at a petrochemical complex. These pipes transfer propylene, hydrogen,ammonia etc that is possible to explosion. Therefore risk management of old pipes is very important to prevent fire, environmental pollution and loss of lives. A study in the view of public law should be required to guarantee safety from the risk of an explosion and fire caused by a petrochemical complex. So the control system of safety management, that is Framework Act on the Management of Disasters and Safety,Industrial Safety and Health Act, Safety Control of Dangerous Substances Act, Electric Utility Act, Safety Control and Business Regulation of Liquefied Petroleum Gas Act, Oil Pipeline Safety Control Act, Toxic Chemicals Control Act and High-Pressure Gas Safety Control Act in administrative law in connection with a petrochemical complex based on National Safety Protection Obligation Theory in constitution was analyzed and problems were indicated to prevent the risk from accidents involving a petrochemical complex. And Petrochemical complex Prevention Act moved by lawmaker Jeong gab-yoon on March 27 in 2009 and Special Act on Safety Control of Petrochemical complex moved by lawmaker Kim chung-jo on July 6 in 2009 were considered for improvement to guarantee safety. Also information service and risk communication system should be legalized to provide information about a petrochemical complex. Lastly a bill about a safety specialist should be prepared.

사과腐敗病의 發生狀況과 防除에 關한 硏究

金鍾天 建國大學校附設 農業資源開發硏究所 1983 論文集 Vol.8 No.-

사과栽培地帶에서 점차 심한 被害를 주고 있는 사과腐敗病에 대한 發生狀況을 調査하고 효과적인 防除方法을 究明하고자 이 試驗을 實施하였바 얻어진 結果를 要約하면 다음과 같다. 1. 후지品種에 대한 사과腐敗病은 9月初부터 發生되기 시작하여 果實의 成熟期인 10 月初부터 增加되고 收穫 직전인 10月 中旬부터 10月末까지에 급진적으로 增加되어 이 期間中에 全體 罹病果의 약 80%의 發生率을 보였다. 2.사과品種間의 羅病率을보면, Sekai(世界一)〉Fuji〉Starkrimson〉Mutsu=Sugaru=Jonagold=紅玉=EarliBlaze品種의 順으로 發病果率이 높았다. 3. 가지에 發生되는 우피증상의 出現程度는 Starkrimson, Mutsu 및 Fuji 品種에서 모두 樹勢가 弱한 나무일수록 發病이 많았는데 특히 Fuji品種에 있어서는 이런 現象이 더욱 심하였다. 枝齡別로는 1 年生 枝에는 發生이 거의 없고 2∼4年生 枝에서는 나이가 많은 가지일수록 많이 發生되었다. 4. 樹勢와 腐敗病 罹病果 發生率과의 關係를 보면 Fuji, Starkrimson, Mutsu 3品種 모두 樹勢가 弱한 나무일수록 罹病果가 많이 發生되는 頃向이 있었는데 그 중에서도 특히 Fuji品種은 이런 현상이 극히 뚜렷하였다. 5. 가지 위에 出現된 우피증상을 2回 긁어낸 나무에서는 1回 긁어낸 나무나 긁어내지 않은 對照區에 비하여 우피증상이 發生이 현저히 적었고 果實의 發病率도 현저히 減少 시켰다. 따라서 가지 위에 發生된 우피증상을 除去하는 것은 사과 腐敗病 防除에 큰 效果가 있는 것으로 認定되었다. 6. 果實에 대한 腐敗病 防除 效果는 果實에 봉지를 씌운 區에서는 3% 미만의 罹病果率을 나타낼 뿐으로 거의 완전하게 防除되었다. 藥劑로서는 6∼12式 石灰보르도액과 Captafol 液相水和劑 600倍液의 撒布가 有意하게 效果的이었으며 다음으로는 Captafol 水和劑 및 Dithane M-45 水和劑 撒布가 비교적 效果가 있었다. A serious apple rot disease has spread rapidly in apple growing area has been studied on occurrence of disease development and the establishment of effective control method of the disease. The results obtained are summarized as follow; 1. Fruit infected with apple rot disease in Fuji cultivar appeared in early of September and continued until last of October(harvesting time). The ratio of infected apple fruit was rapidly increased for two weeks from middle of October, and showed about 80% of infected fruit in this period. 2. As to the varietal difference on the disease occurrence on apple, it was found that it was in order of Sekai〉Fuji〉Starkrimson〉Mutsu=Sugaru〉Jonagold = EarliBlaze. 3. There was some differences on formation of warts in the varieties of apple and the order of the susceptible degree of then was Fuji, Starkrimson, Mutsu, But formation of a great many warts on the branches bought remarkable decrease of tree vigor. Warts were formed on 2-4 years branches abundantly but rarely found on current shoots. 4. There was some differences on ratio of infected fruit among the varieties of apple and the order of susceptibility was Fuji, Starkrimson and Mutsu. The percentage of infected fruit brought remarkable decrease of tree vigor. 5. Twice shaving of warts was effectively to the disease control compare with once shaving or not shaving of warts on are one of the important control methods. 6. Fruit Bagging, with paper bags were the most effective to control for fruit rot among treatments. Bordeaux mixture (6-12) and Captafol flowable (?????) were significantly effective to control for fruit rot disease among fungicides and followed by Captafol wettable powder and Dithane M-45 wettable powder

사과腐敗病菌의 病原性과 傳染經路에 관한 硏究

金鍾天 건국대학교 1984 學術誌 Vol.28 No.2

Apple fruit rot a serious disease of apple has spread rapidly in apple growing area in Korea has been studied on pathogenicity and dissemination method of pathogen. The results obtained are summarized as follows : 1.Five isolates of pathogen isolated from infected stems and fruits of apple. Cultivation of five isolates wore good with malt extract media. A, B and C isolate among five isolates are showing similar characteristics in media on coloration and mycelial growth of pathogen compared with Physalospora piricola. 2.There are no differences on morphological characters of pycnidiospores between A, B and C isolate. Pycnidiospores of these isolates were hyaline, ellipsoid and non-septate pycnidiospores were predominated in all isolates, but a number of uniseptate pycnidiospores were produced. 3.In the artificial inoculation test on 1st of July of immature fruits of 6 varieties of apple and 2 varieties of pear, those having injury were infected 100 percent but non-injured fruits were infected lower than injured ones. Another inoculation test on 1st of August, fruits of 8 varieties of apple and 3 varieties of pear have rotted. Symptoms of apple fruit rot were irregular, but brown ring pattern observed on pear variety, changshiplang. 4.In the inoculation test of apple leaves, leaf spot appeared after 3 days of injured inoculation, but non-injured leaves were showed symptom later than injured ones. Symptoms appeared from A, B and C isolate were not different and attack on leaves started as a brown spot at first and then spread over the leaves were showed brown ring pattern. 5.Three months (10th of Sept.) after, wound inoculation of A isolate on current shoots of several varieties of apple were showed warts. It was found that warts on shoots by apple rot fungus appeared 3 months after inoculation when environmental conditions are favorable. 6.Pycnidiospores mostly disseminated by water from diseased branches to leaves, fruits and branches, and from diseased fruits to fruits and leaves. But there were no a evidence of air dispersal of Pycnidiospores. 7.84 hours after diseased branches and diseased fruits stored at -20℃, -30℃, and -35℃, mycelia of pathogen could well. It seems that apple fruit rot fungus are able to overwinter in Korean winter conditions.