ICJ의 勸告的 의견에 관한 一考察

柳在馨 淸州大學敎 學術硏究所 2005 淸大學術論集 Vol.6 No.-

An advisory opinion is the judicial opinion of a standing international tribunal on a legal question whether or not related to an existing international dispute referred to ther tribunal by an international entity. The opinion does not bind the requesting entity, nor any other body nor any State, to take any specific action; in general there may be at most an obligation on the requesting entity to regulate its conduct on the basis that the view of the regal situation expressed in the opinion is correct. This essay is an overview in the viewpoint of the advisory opinions of the ICJ conferred with binding force. It analyzes the expectations and alienation of the functions of advisory opinions in the process of errecting and abolishing the regulation of conferred binding force to see the international relations towards the advisory opinion. Many see that the disputes arisen in the international organization originate in the confrontation of the nations, but it can also include more specialized disputes as the function of the international organization expands. In a way to resolve the disputes in peaceful way, an article is erected in the multilateral treaty to advocate the advisory opinion in more positive view while such article is found to be more diversifed and specialized in quoting. Additionally, discussion over the contents and the effect of the conferred advisory opinion is becoming more and more complex. In a process of increasing the role of the international organization, solving disputes through the article which gives the binding force to the advisory opinion is requesting the ICJ to play more roles in the international relations. On the other side, it can also limit the role of ICJ, in the growing function of the international organization. When discussing over the growing role of the ICJ, it can be said that it's vital to fully comprehend the function of ICJ in the real world as well as reviewing the role of ICJ in the near future.

國際機構에 의한 領域管理의 法的 側面에 관한 硏究

柳在馨 淸州大學校 學術硏究所 2006 淸大學術論集 Vol.7 No.-

International organization can exercise any specific range of the jurisdiction for any specific territory of the international society. This study is purposed to review the legal matter by analyzing the territory management of such international organization. For this purpose, this study is to analyze the provisional ruling of UN in East Timor as it becomes the central case. Because it is judged that in the meaning 'UN Transitional Authority in East Timor (UNTAET)' bears the overall responsibility in ruling the local area, the role of the international organization in the territory management has been made in the most direct way. Therefore, this study firstly makes general survey for the concept regulation of territory management by the international organization and also the past case as UNTAET becomes its subject matter. And then, after arranging the basis for authority of the international organization in territory management, this study reviews the authority and legal position of the international organization as UNTAET becomes its example, and the conclusion is made with the study subject hereafter. In conclusion, the territory management of UN is the same as that of the system under League of Nations, and there will be two aspects, namely, one is the benefit for inhabitants, which is the preservation and attainment of independence and the other is order preservation of the whole international society such peace maintenance and dispute prevention. In case such trial is analyzed in legal aspect, it will be profitable to analyze it, considering that 'International Characteristics' and 'Domestic Characteristics' have coexisted.

條約의 違反과 終了에 관한 연구

柳在馨 청주대학교 학술연구소 2003 淸大學術論集 Vol.1 No.-

Breach of a bilateral treaty by one of the parties does not ipso facto put an end to the treaty, but only(apart from any questions of international responsbility which arise) entitles the other party to invoke the breach as a ground for terminating the treaty or suspending its operation. This has been accepted as customary international law where the breach is a material breach, or breach of an essential provision of the treaty; however, the matter is less certain in respect of other kinds of breach. Those maintaining that any breach creates a right for the other party to cancel the treaty maintain that it is not always possible to distinguish essential from non-essential provisions, that the binding force of a treaty protects non-essential as well as essential provisions, and that it is for the injured party to consider for itself whether violation of a treaty, even in its less essential parts, justifies its cancellation. The Vienna Convention(Article60) provides that it is only a material breach of a bilateral treaty by one of the parties which entitles the other to invoke the breach as aground for terminating the treaty or suspending its operation in whole or in part. A "material" breach is defined as "a repudiation of the treaty not sanctioned by the Convention, or the violation of a provision essential to the accomplishment of the object or purpose of the treaty"(Article 60.3). A party may lose its right to invoke the breach if, after becoming aware of the facts, it expressly agrees that the treaty remains in force or continues in operation, or must by reason of its conduct be considered to have acquiesced in the maintenance in force or in operation of the treaty(Article 45). In the case of a material breach of a multilateral treaty the situation is more complicated. Since several states will be parties to the treaty, but not all of them will be affected by the breach in any but the most general way, a right to terminate the treaty needs to be carefully limited. Article 60.2 of the Vienna Convention provides for termination of the treaty only when the parties(other than the defaulting state) unanimously so agree; they may agree to terminate it in the relations between themselves and the defaulting state(which has much the effect of expelling the defaulting state from participation), or as between all the parties. Otherwise the remedy is by exercise of the right to suspend the operation of the treaty in whole or in part. The Vienna Convention goes on to provide that the first three paragraphs of Article 60(ie those so far mentioned) do not apply in certain circumstances. First, of course, they are without prejudice to any provision in the treaty applicable in the event of a breach. Second, they do not apply to provisions relating to the protection of the human person contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of reprisals against persons protected by such treaties. In conclusion, as long as the peaceful resolution between the intended partise is primary obligation (Article 65.2ㆍ3), it is not possible to go ahead, in regard to the relief of the party in good faith resulting from the breach, beyond that of termination or suspension of the operation of a treaty regarding "material breach" as defined by the Article 60 of the above mentioned convention, given the current situation. Accordingly, procedure must be clarified, and misuse of power in operation should be prevented in this case.

제철소 Slag의 중금속 용출특성에 관한 연구

유재형,이한철,이영신,이동훈,박태신,이병인 한국환경과학회 1992 한국환경과학회지 Vol.1 No.1

In this study, we have investigated leaching characteristics of heavy metals and alkalinity centering around steel mill slags by several extraction methods, for the purpose of risk assessment that exert influence on environment and offer of the foundation data of reuse by slags. Korean standard method, U.S.EPA Extraction Procedure, alkalinity extraction test and 9 step sequential fractionation experiment by Miller et al. were carried out for investigating leachability of steel mill slags. As a result of this experiment, heavy metals were little detected and it was considered that alkalinity does not exert a bad effect around environment in slags with large particle size. By the result of 9 step fractionation experiment, heavy metal contents in slags were not plentiful, in addition, even comparatively plentiful contended heavy metals, for the most part, were likely to detained or bonded in silica matrix. Therefore, in case of slags with large particle size, it seems that leachability of heavy metals were next to impossible that is existed as a safety condition.

條約의 解釋에 관한 一考察

柳在馨 청주대학교 학술연구소 2004 淸大學術論集 Vol.3 No.-

The purpose of interpreting a treaty is to establish the meaning of the text which the parties must be taken to have intended it to bear in relation to the circumstances with reference to which the question of interpretation has arisen. Principle of simultaneity means a principle which stipulates that "the Wording of Treaty shall be interpreted in the light of the rules of general international laws effective at the time of entering into treaty and also in accordance with the meaning of the contemporary terminology". This principle is basic principle of contract in the context of domestic laws. However, important thing is that this principle is also applied to the interpretation of international treaty. Even though the scope of this principle is applicable only to the study on the rules of interpretation of treaty, theory of inter-temporal law can be classified into the rules of simultaneity and other rules. International laws have been often classified into treaty between different countries, multinational treaty, open treaty, and closed treaty, etc. However, we can see that it is possible to classify into treaties where principle of simultaneity is applied and the other opposite cases as a study on the theory of inter-temporal law as well as on the other principle of interpretation besides this classification.

가장 펀한 잠

유재형 한국비정규노동센터 2014 비정규 노동 Vol.- No.108

위종양에 있어서 H-ras P^(21) 종양유전자단백의 발현에 관한 면역조직화학적 관찰

유재형,김성남,김미경,박언섭,박용욱,송계용,홍연표 중앙대학교 의과대학 의과학연구소 1992 中央醫大誌 Vol.17 No.1

To observe the increased expression of the human H-ras p21 in tumor cells of gastric neoplasms including 10 cases of adenomatious polyp, 10 cases of cases of early gastic carcinoma and 20 cases of advanced carcinoma, immunohistochemical studies were carried out by using avidin-biotin-complex immnoperoxidase method in formalin fixed tissue sections. The results were as follows: 1. The increased expression of H-ras p21 in gastic carcinoma depended upon the tumor differentiation. 2. Although advanced gastric carcinoma demonstrated stronger positive reaction of H-ras p21 than early carcinoma and adenomatous polyps, no correlation among advanced carcinomas and H-ras p21 expression was observed in relation to depth of tumor size, tumor invasion and lymph node metastasis(p>0.05). 3. Although the adnomatous polyp of stomach showed less positive reaction of H-ras p21 than that of gastric carcinoma, there were positive focally in 3 cases and diffusely in 2 cases. Therefore, the result of this investigation suggested that increased expression of H-ras p21 was involved in the process of multistep carcinogenesis of gastric carcinoma.

LiF - BeF2 용융염상에서 금속과 금속 산화물의 불화 용해반응

유재형,황두성,정원명,우문식,이규일,박진호,박소진 한국공업화학회 1999 응용화학 Vol.3 No.1

A conversion technology of long-lived radioactive nuclides is to separate the elements involved in spent fuel and convert them into physical and chemical type suited to fuel for transmutation. This study has been investigated the experiments tar fluorination-dissolution of Zr , UO₂, and CeO₂. These compounds are components involved in spent fuel and especially, Zr is the cladding material of fuel. The fraction of fluorination-dissolution was increased linearly with time. Zr and UO₂ were converted respectively 24.2,5.2% after 3hours. CeO₂ was converted into fluoride only 0,19%. This is considered to be due to the solubility of H₂ in the LiF-BeF₂ molten salt. Because hydrogen is used to reduce CeO₂ to CeF₃ but the solubility of H₂ is very low in the molten salt.

양이온교환크로마토그라피에 의한 악티나이드 및 희토류 원소 분리

유재형,정동용,이일희 한국공업화학회 2000 한국공업화학회 연구논문 초록집 Vol.2000 No.1

N/A N/A

위, 대장암에서 Carcinoembryonic Antigen가 Seretory component의 출현도에 관한 비교관찰

유재형 中央大學校 醫科大學 1986 中央醫大雜誌 Vol.11 No.1