컴퓨터 법에 있어서의 책임에 관한 연구

鄭鎭世,鄭在晃,方碩皓,河泰勳,李成德,崔鳳哲 홍익대학교 1995 弘大論叢 Vol.27 No.-

This paper, coauthored by Chin-Se Chung, as well as other 5 faculty members at Hong-Ik University Department of Law (Jea-Hwang Jeong, Suk-Ho Bang, Tae-Hoon Ha, Seong-Deog Yi and Bong-Chul Choi), deals with liability issuses surrounding constitutional law, administrative law, civil law (contracts, torts), commercial law, criminal law, international law and philosophy & law. Professor of Law Jea-Hwang Jeong makes a comparative analysis of privacy protection and disclosure of information legal issues, appeared at current Korean law and draft of law in case of the latter one. He suggestes some desirable ways of legislation through revision process and operation of legal rules at his paper. Professor of Law Suk-Ho Bang makes a brief survey of civil liability issues arising out of contracts and torts in English and American law, first. He tries to show that many Parts of arguments in such legal world are attributed to Statute of Frauds tradition, unique to such legal world. New developments in the area of torts, including computer malpractice and computer virus, are shown and analysed in terms of application possibility under our current law. But, as even the Anglo-American courts are found very reluctant to accept those arguments as new grounds for torts liability, it seems more plausible and practicable to refer to contractual approach, basically, rather than to torts approach even under English American law. Professor of Law Chin-Se Chung suggests in his paper on EFT that the allocation of liability under EFT be made under the new and most relevant principle, working for useful transmission way of fund, not solely under traditional legal principles. If such new principle works with high return of risk to users, it makes imminent problems against the goats of consumer protection, and eventually will be hardly refered to. Conversely, if it requires too much sacrifice from the side of banks, then the convenience in such system will not be utilized. So, it may be natural that EFT be discarded even without proper functioning under market system. In conclusion, Professor Chung points out that, only when banks fond that the economy out of cost-saving at tasks outweighs the risk undertaken by the banks, the banks will operate the system. But, if this system makes more return of benefits to the banks with the burden of users, it is against the idea of equity. Consequently, the banks should bear the aggeviated risks in return for the cost saved under this system Professor of Law Tae-Hoon Ha focuses his research paper on criminal liability under EFT. He draws his conclusion out of current criminal statutes that illegal fund transfer under automatic teller machines, cash cards and information system can not be penalized due to lack of proper statutory provision. So, the criminal provision on computer crime, newly made on December of 1995, can be positively appreciated. But, he anticipates that the question whether such new provision will be successful in regulating all illegal activites at fund transfor system without any operation defects in criminal code, or will cause new problem in interpretation of criminal code remains unsolved. Professor of Law Seong-Deog Yi examines the international legal issues which may be given rise to by direct satellite broadcasting. In his paper, the issue of national jurisdiction in relation to direct satellite broadcasting is firstly dealt with. Secondly, the possible ways in which direct satellite broadcasting is regulated by international law are examined with special emphasis of two different approaches, that is, freedom of information approach and state sovereignty approach. In this context, many international conventions concerning direct satellite broadcasting in Particular, and international regulatory regime of outer space in general are broadly reviewed. Thirdly, the types of activities which may be a violation of international legal regime of direct satellite broadcasting are suggested and the possible lethal remedies for these violations are proposed with the traditional international state responsibility law in mind. Professor of Law Bong-Chul Choi explores the relations of computerized society to its laws throughout his paper as a kind of conclusion of this whole paper. Computerized society is one that the technical, scientific, informational knowledge prevails. With correspondence to the structural change in knowledge, the law of such a society has suffered transformation, and the knowledge and techniques distributing and computing legal responsibility has also changed. However, he does not insist that the diffusion of technical knowledge is the sole factor of the transformation of legal responsibility. It is only one of the various factors. Moreover, he does not deny the continuation between the classical techniques distributing legal responsibility and the contemporary ones. In this era, the law realizes fairness and community values at the expense of singularities. In addition, he proposes that legal scholars take the diagnosis of law from the perspective of the technology/knowledge shifts seriously.

대학 강의실의 최적 조명설계

오성보,김덕구 제주대학교 공과대학 첨단기술연구소 2003 尖端技術硏究所論文集 Vol.14 No.1

The goal of educational facility lighting is to provide in a visual environment for both student and instructor that is supportive of the learning processes. Lighting must also be visually comfortable and be responsive to the psychological and emotional needs of learners. This paper presents study on actual illumination environment of college in order to figure out illumination problems. Furthermore, it attempts to suggest an optimum design of Lecture room illumination through computer simulation. We try to attain models of optimum lighting design Lecture room illumination under the illumination plan which is based on illumination maintenance and uniformity ratio that K.S. illumination standard sets.

학교교실의 조명설계 최적화 연구

좌승택,김덕구,오성보 제주대학교 산업기술연구소 2000 尖端技術硏究所論文集 Vol.11 No.2

School illumination with full volume of light and adequate brightness is designed to help students better focus on their education and produce an optimum atmosphere where students can apply their utmost to learning. This paper presents study on actual illumination environment of schools in order to figure out illumination problems. Furthermore, it attempts to suggest an optimum design for schoolroom illumination through computer simulation. We try to attain qualitative improvement effect in school illumination under the illuminaion plan which is based on illumination maintenance and uniformity ratio that K.S. illumination standard sets.

한국 서남권 중소제조기업의 수출진흥 방안

이덕무,강성찬 조선대학교 지역사회발전연구원 2000 地域發展硏究 Vol.5 No.1

The purpose of this study is to analyze at export promotion schemes of small-and medium-sized manufacuring firms in Korean southwestern area. The export promotion schemes are as follows; (1) Small-and medium-sized manufacuring firms in the southwestern area of Korea must make sure of solidarity one another,and then jointly cultivate export markets. And individual firms must win the confidence of buyers,concentrate on a few export goods,attemp the diversification of export markets, specialize in intermediated commodities,cooperate with large firms as to export goods,make use of indirect export channel and form the basis of internet trade. (2)In order that individual firms may promote marketing activity, technical training, research and development,the goverment authorities or local self-goverment must strengthen support to small-and medium-sized manufacting firms in the southwestern area of Korea. And they must abolish needless regulations to the export activities,and then help to bring down cost related to export,accelerate internet trade,and execute positive commercial diplomacy.

국제사법재판소 관할권에 관한 선택조항 수락선언에 대한 유보의 종류와 그 국제법적 효력

이성덕 弘益大學校 法學硏究所 1999 법학연구 Vol.1 No.-

This paper reviews the validity of various reservations included in the declarations of acceptance of the Optional Clause provided in Article 36 of the ICJ Statute. There are a wide variety of types of reservations in the declarations of accepting the compulsory jurisdiction of the ICJ. They are reservations as to domestic questions(including the so-called automatic reservation); reservations concerning disputes under multilateral treaties; reservations excluding past disputes; reservations concerning other means of pacific settlement; reservations concerning disputes under the consideration of the Security Council; reservations concerning disputes between the British Commonwealth; reservations of a right to modify declaration by giving notice; reservations excluding disputes not arbitrable under the municipal law; reservations excluding disputes between States having no diplomatic relations; reservations excluding disputes with a State which filed declaration for a particular dispute or only a little time prior to the submission of the dispute; reservations excluding disputes concerning belligerency; reservations excluding disputes already submitted to other method of arbitration; reservations concerning the duration of the declaration. Among them, the most problematic reservation is the automatic reservation. This type of reservation seems to invalidate the object and purpoase of the Optional Clause system. And also it is hopeful that States refrain from adopting other types of reservations which limit the compulsory jurisdiction of the ICJ subjectively in order to establish the objective jurisdiction of the ICJ.

주기 변동 부하시 유도 전동기의 속도제어

김덕구,강경보,오성보 濟州大學校 産業技術硏究所 2000 산업기술연구소논문집 Vol.11 No.1

In this paper. we describes the speed control of induction motor by vector control using DSP TMS320F240 that has the remarkable characteristics of motor control. We use a space voltage vector PWM inverter and a PI controller that is stable of transient response characteristics in a speed controller and a current controller of d-axis and q-axis. We try computer simulation about the speed control including clock wise and counter clock wise in induction motor using direct drive system attached the arm on shaft when it works by periodic variation load. So that. we verify the validity of speed control by the experiment.

유럽공동체법상 직접취소소송제도의 재검토

이성덕 홍익대학교 2007 홍익법학 Vol.8 No.1

유럽공동체의 사법제도 가운데 유럽공동체설립협정 제230조가 규정하고 있는 직접취소소송제도를 살펴보는 것이 본 글의 목적이다. 일반적으로 회원국이나 유럽연합기구의 조치나 행위가 일정한 사유,특히 유럽공동체법 위반에 해당하는 경우에 협정 제230조에 규정된 기구나 사인은 제 230조에 근거하여 해당 행위나 조치의 취소를 구할 수 있다 이러한 직접취소소송제도를 운영하는 과정중에 특히 문제되는 부분은 직접 취소소송을 제기할 수 있는 원고적격을 갖는 자들의 범위,특히 사인이 직접취소소송을 제기하는 경우 어느 범위까지 원고적격을 인정할 수 있는지의 문제 및 직접취소소송을 통하여 공동체 행위의 적법성을 다틀 수 있는 근거로서 유럽공동체법에는 어떠한 것들이 포함될 수 있는 지 등과 관련한 것 등이라고 할 수 있다. 유럽사법재판소는 사인에게 직접취소소송을 제기할 수 있는 원고적격을 인정하는데 있어서 약간 제한적인 입장을 취하고 있는 듯 보여진다. 이러한 점은 유럽공동체법의 이행 감시자로사 사인의 역할을 축소하는 측면이 있다고 보이므로,보다 강력한 법의 지배를 달성하기 위하여서 사인의 원고적격을 인정함에 있어 보다 적극적인 입장을 취할 필요성이 있다고 판단된다 또한, 직접취소소송을 제기하기 위한 법적인 근거에 직접효력이 없는 국제조약은 배제하고 있는데, 이 점은 국제조약을 유럽공동체법의 일부로 받아 들이고 있는 입장과 일치하지 않는다고 판단된다. This paper reviews the European Community's direct annulment actions. First of all, it surveys the requirements to bring an annulment action based on the Treaty provisions and the ECJ's case law. The most difficult issues involved with the requirements are i) against what measures ii) who may bring an action. According to Article 230 of the EC Treaty, a Member State, the European Parliament, the Council, the Commission may bring an action without any limitations against regulations, decisions and directives and other acts sui generis which have binding forces; the Court of Auditios and the European Central Bank may bring an action against measures for the purpose of protecting their prerogatives. In addition to this, a natural or legal person may institute proceedings against a decision addressed to that person, or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. In this paper, I tried to elucidate the concepts of a decision in the form of regulation and the direct and individual concern provided in Article 230.

핵무기 위협 또는 사용의 적법성에 관한 국제사법재판소 권고적 의견에 대한 비판적 검토

李成德 홍익대학교 법학연구소 2000 법학연구 Vol.2 No.-

This paper reviews the legality of threat or use of nuclear weapons based on the two advisory opinions made by the International Court of Justice (ICJ) in 1996. The first one which was requested by the World Health Organization(WHO), was rejected by the ICJ on the ground that the request for an advisory opinion was submitted by an organ which had not the competence to do so. And the other was requested by the U.N. General Assembly. In the face of the request for an advisory opinion by the U.N. General Assembly, the ICJ answered in its operative parts of the advisory opinion that: (2) A: There is in neither customary nor conventional international law any specific authorization of the threat or use of nuclear weapons. (2) B: There is in neither customary nor conventional international law any comprehensive and universal prohibition of the threat or use of nuclear weapons as such. (2) C: A threat or use of force by means of nuclear weapons that is contrary to Article 2, paragraph 4, of the United Nations Charter and that fails to meet all the requirements of Article 51, is unlawful. (2) D: A threat or use of nuclear weapons should also be compatible with the requirements of the international law applicable in armed conflict, and in particular those of the principles and rules of international humanitarian law, as well as with specific obligations under treaties and other undertakings which expressly deal with nuclear weapons. (2) E: It follows from the above-mentioned requirements that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law; However, in view of the current state of international law, and of the elements of facts at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful of unlawful in an exterme circumstance of self -defence, in which the very survival of a State would be at stake. (2) F: There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control. To me, the opinions expressed in (2) A, B, C, D, F are correct but it is dubious whether the opinion expressed in (2) E is right, I think that the ICJ could have investigated more factual aspects related to the threat or use of nuclear weapons and then it could have reached a more decisive and clear-cut conclusion.

유럽공동체법상 회원국에서의 유럽공동체법 이행확보제도에 관한 연구

이성덕 弘益大學校 法學硏究所 2005 법학연구 Vol.7 No.-

This paper examines the judicial system for enforcing the European Community legal order. The Community legal order consists of the Treaty establishing European Community (hereinafter the Treaty), the Community treaties, the mixed agreements and the acts of the Community institutions. In particular, according to Article 249 of the Treaty, the acts of the Community institutions can be classified into four categories, i.e. regulation, directive, decision, and recommendation and opinion. In this paper, the effects and legislative procedure for these acts are briefly reviewed. And then, the judicial system to enforce these Community acts are examined. The judicial system which was examined is the enforcement action, the action for failure to act, the direct annulment action and the preliminary reference procedure. In sum, the best method to enforce the Community law is to allow the vigilant individuals to watch out whether the Community law is observed by the addressee of the relevant Community law. The enforcement action and the action for failure to act are available only to the limited category and the requirements to use these procedure are quite cumbersome to fulfil. And the direct annulment action is in a way very effective to enforce the Community law. But it has weak points in allowing individuals to use this procedure. Only very limited category of individuals may institute legal proceedings under this procedure. The most effective way to enforce the Community law, I suggest, is to use the preliminary reference procedure. Under this procedure, if individuals bring an action before a national court based on the Community law, then the national court may or shall refer the Community law matter to the European Court of Justice(ECJ) for a ruling. In the ruling, the ECJ can affirm the contents of the Community law, that in turn contribute to enforce the Community law.

지리산 반야봉의 구상나무(Abies koreana Wils.)林의 更新에 관한 硏究

金聖德,尹雄燮 忠南大學校 環境問題硏究所 1991 環境硏究 Vol.9 No.-

Regeneration process of climax coniferous forest in Mt. Jiri, Jeonranam-do Prefecture, was studied in relation to its structure. The dominant tress of the stands came up beyond 12m in helght. The upper tree layer was highly dominated by Abies koreana, Picea jezoensis and Pinus koraiensis, and they distributed horizontally in random. Trees of the middle and lower layer were few in number and small in basal area, and tended to be distributed contagiously. In the age distribution of trees, some of the even-aged cluster which were constituted of several trees, were found in plot. The rates of the stem diameter increment during the first 25 years of the trees in upper layer were heigher than those of the same species in the middle layer. These results seem to show that after the forest canopy had been broken out, the seedings which were established in dense there grew with the decreasing density, and some of these, of which distribution became in random, would consititute the canopy.