제주4·3항쟁론과 자결권

이재승 ( Lee¸ Jaeseung ) 건국대학교 법학연구소 2021 一鑑法學 Vol.- No.49

이 글의 목적은 주한미군정의 법령과 정책이 국제점령법과 자결권에 부합하는지를 밝힘으로써 4·3항쟁론을 보강하는 데에 있다. 이 글은 점령이 법적인 현상인 한에서 점령군과 점령지 주민 사이에 근본적인 대칭성이 존재해야 한다는 사고에서 출발한다. 연합국은 카이로선언(1943년)에서 일본과 한국을 분리하고 한국을 적절한 시기에 독립시키기로 공약하였다. 연합국의 한국점령은 보존주의 원칙에 의해 엄격하게 통제받는 전시점령과는 다른 변형적 점령으로 분류된다. 한편, 변형적 점령에서 점령국은 국제적으로 합의된 점령 목적에 따라 점령지의 정치경제적 기반을 광범위하게 개혁할 수 있다. 다른 한편, 식민지 해방 후 군사점령에서 점령지 주민에 의한 자유로운 정치제도의 형성을 지원할 신성한 신탁이 점령국에게 부과된다. 그런데 미국과 소련은 각자의 점령지역에서 정치적 평정을 단행하고 자국에게 우호적인 정부를 편향적으로 수립함으로써 이러한 신탁을 배반하였다. 이와 같은 배신행위를 문책할 적절한 국제법적 수단이 점령지 주민에게 존재하는지는 명확하지 않다. 점령정책을 통제할 법적 수단이 당시에 존재했다고 하더라도 그러한 장치는 한국 문제에 대해 실제로 작동하지 않았다. 더구나 통제장치로서 역할하리라고 기대된 국제연합은 냉전구도 속에서 미국과 소련의 현실정치를 기정사실로 수용함으로써 점령을 둘러싼 문제점들을 덮어버렸다. 나아가 2001년 헌법재판소는 제주4·3특별법의 시행에 즈음하여 4·3봉기 당시에 아직 정립되지 않은 자유민주적 기본질서와 대한민국의 정체성과 같은 기준을 소급적으로 투입함으로써 이러한 국제법적인 핵심쟁점을 회피하였다. 그럼에도 불구하고 4·3봉기에 합당한 명분이 존재했다는 점을 현재적으로 확인하는 작업은 4·3항쟁을 둘러싼 법적 파행을 극복하는 데에 기여할 것이다. 이러한 규범적 파행은 이행기 정의의 시각에서만 적절하게 해결할 수 있기 때문이다. The aim of the article is to strengthen the 4·3 Resistance Thesis by establishing that the statutes and policies of the U.S. Armed Forces in Korea are not compatible with the International Occupation Law and the right of self-determination. This article starts with the idea that the principle of symmetry should dominate the relationship between the occupying forces and the population of the occupied territory as long as occupation is a legal phenomenon. In the Cairo Declaration(1943), the Allies pledged to separate Japan from Korea and to make Korea independent in due course. The Allied occupation of Korea was classified as a transformative occupation, distinguished from a belligerent occupation strictly controlled by the conservationist principle. On the one hand, the occupants should have the power to change widely the political and economic infrastructure of the occupied territories according to the internationally agreed-upon objective of occupation under the transformative occupation. On the other hand, the occupying forces should be given a sacred trust to support the population of the occupied territory to build freely the political institutions in the post-colonial military occupation. However, the United States and the Soviet Union violated the sacred trust by pacifying their political enemies and establishing the friendly governments in their respective occupied territories. It is unclear if legal remedies could be permitted to the population of the occupied territory in the international law in case that the occupying forces would betray this sacred trust and enforce a political order arbitrarily. Even if there would have been a legal mechanism to review the measures taken by occupying forces that infringed on the right to self-determination, such mechanism did not actually work for the problems of Korea. Moreover, the United Nations expected to operate as a mechanism of control skipped international-legal problems related to occupation policies by accepting the result of the Cold War real politics as a fait accompli. Futhermore, in 2001, the Constitutional Court evaded this international-legal issues around the time of enforcement of the Jeju 4·3 Special Act by retrospectively introducing standards such as ‘the free democratic basic order’ and ‘the identity of the Republic of Korea’ that had not been established before the outbreak of the 4·3 resistance. Nevertheless, the effort to confirm that there were appropriate grounds for the 4·3 resistance would also contribute to overcoming the legal ramifications surrounding the 4·3 resistance. This is because such normative disruptions could only be adequately bridged from the perspective of the transitional justice.

Modeling Formability of Metal-Polymer Multi-layered Sheets

Jaeseung Kim,Daeyong Kim,Myoung-Gyu Lee 한국자동차공학회 2019 한국자동차공학회 학술대회 및 전시회 Vol.2019 No.11

Real-Time Earlobe Detection System on the Web

Jaeseung Kim,Seyun Choi,Seunghyun Lee,Soonchul Kwon 한국인터넷방송통신학회 2021 Journal of Advanced Smart Convergence Vol.10 No.4

This paper proposed a real-time earlobe detection system using deep learning on the web. Existing deep learning-based detection methods often find independent objects such as cars, mugs, cats, and people. We proposed a way to receive an image through the camera of the user device in a web environment and detect the earlobe on the server. First, we took a picture of the user's face with the user's device camera on the web so that the user's ears were visible. After that, we sent the photographed user's face to the server to find the earlobe. Based on the detected results, we printed an earring model on the user's earlobe on the web. We trained an existing YOLO v5 model using a dataset of about 200 that created a bounding box on the earlobe. We estimated the position of the earlobe through a trained deep learning model. Through this process, we proposed a realtime earlobe detection system on the web. The proposed method showed the performance of detecting earlobes in real-time and loading 3D models from the web in real-time.

Enhancing Conformance Testing Using Symbolic Execution for Network Protocols

JaeSeung Song,Hyoungshick Kim,Soojin Park Institute of Electrical and Electronics Engineers 2015 IEEE transactions on reliability Vol. No.

<P>Security protocols are notoriously difficult to get right, and most go through several iterations before their hidden security vulnerabilities, which are hard to detect, are triggered. To help protocol designers and developers efficiently find non-trivial bugs, we introduce SYMCONF, a practical conformance testing tool that generates high-coverage test input packets using a conformance test suite and symbolic execution. Our approach can be viewed as the combination of conformance testing and symbolic execution: 1) it first selects symbolic inputs from an existing conformance test suite; 2) it then symbolically executes a network protocol implementation with the symbolic inputs; and 3) it finally generates high-coverage test input packets using a conformance test suite. We demonstrate the feasibility of this methodology by applying SYMCONF to the generation of a stream of high quality test input packets for multiple implementations of two network protocols, the Kerberos Telnet protocol and Dynamic Host Configuration Protocol (DHCP), and discovering non-trivial security bugs in the protocols.</P>

Comparision of General Expense Provisions of U.S. and Korean Tax Law to Suggest Guildelines for Interpretation of Korean Tax Law

( Jaeseung Kim ) 서울대학교 법학연구소 2011 Journal of Korean Law Vol.10 No.2

This essay reviewed and analyzed the general provisions for a business deduction of the U. S. and Korea, and compared them to see if the interpretation of I.R.C. § 162(a) as confirmed and established by the U.S. courts can be useful as a tool to interpret the general provision of Korea. This essay has come to observe that: Generally, for a deductible expense, the Korean system adopts a negative method, allowing all expenses to be deductible unless otherwise provided. The U.S. system, however, adopts a positive system, which means an expense is deductible only if a separate provision to allow doing so is provided; just as “ordinary and necessary” are paralleled in I.R.C. § 162(a), so “ordinary and directly related to revenue” are paralleled in the Korean Corporation Tax Law(CTL). But the meaning of “necessary” and “directly related to revenue” are different; the interpretation to the meaning of “ordinary” by the U.S. Supreme Court may be applicable to the interpretation of article 19(2) of the CTL; the standards developed in the U.S. with respect to deciding what a “trade or business” may not be applicable to the CTL; and interpretation rules or precedents established as related to “in connection with” and “carrying on” in the interpretation of the meaning of ordinary in I.R.C. § 162(a) can be useful guidelines to interpret the meaning of “in connection with” in the CTL.

Comparative Analysis of Entertainment Expense in the United States and Korea

( Jaeseung Kim ) 서울대학교 법학연구소 2012 Journal of Korean Law Vol.11 No.2

This article provides preliminary guidelines for researchers and investors who are interested in Korean tax law in the area of entertainments expenses via comparative analysis of tax laws in the United States and Korea. Unlike the U.S., Korea regulates entertainment expenses only by placing a ceiling on the deductible amount, not by imposing stricter conditions for a business deduction. In the U.S. 50 percent of any entertainment expense otherwise deductible is allowed. Korea places a ceiling on otherwise deductible entertainment expenses according to a mathematical formula. To determine which expenses qualify as entertainment expenses, Korean courts or administrative agencies apply a comparative analysis with other expenses. Under American tax law for a business deduction an entertainment expense at least should be associated with the active conduct of the taxpayer’s trade or business. For a business deduction a taxpayer must substantiate entertainment expenses by evidence or documents as prescribed in the relevant provisions in the U.S. and Korea.

Treatment Strategy of Pancreatic Neuroendocrine Tumors Suggested Based on Korean Multicenter Prognostic Factor Analysis

JAESEUNG KANG,Wooil KWON,Ho Kyoung HWANG,Yoo-Seok YOON,In Woong HAN,Song Cheol KIM,Sun-Whe KIM,Jin-Young JANG 대한외과학회 2019 대한외과학회 학술대회 초록집 Vol.2019 No.10

To detect the position of the camera from a sequence of un-calibrated images

Jaeseung Yu,Taehoon Kang,Kwanghee Choi,Mingi Kim 대한전자공학회 2007 ITC-CSCC :International Technical Conference on Ci Vol.2007 No.7

This paper presents a method of detecting the camera position from an un-calibrated image sequence. In Epipolar geometry, the fundamental matrix provides some geometric information including translation and rotation of the cameras. But the information is inexplicitly encapsulated and does not have the scale factor which raises a problem about the displacement or the direction of the sequential motion of the camera. In this paper, the scale of the direction of each camera movement is synchronized comparing the camera matrix which is from the fundamental matrix of some two images with the others. Furthermore, scale factors are determined using the knowledge of the displacement which is made by the first motion of the camera. And to achieve good results the fundamental matrix is computed by the Levenberg-arquardt algorithm using the Direct Linear Transformation algorithm to find the initial value. Experimental results show that the track of the camera is accurately estimated.

The Trend of the Security Research for the Insider Cyber Threat

Jaeseung Hong,Jongwung Kim,Jeonghun Cho 보안공학연구지원센터 2010 International Journal of Future Generation Communi Vol.3 No.2

Influence of Refractive Indices of Glass Matrix on the Reflectance of Glass Composites

Jaeseung Jeon,Jungki Lee,Seongjin Hwang,Jihwan Ahn,Hyungsun Kim 대한금속·재료학회 2011 METALS AND MATERIALS International Vol.17 No.4

To understand the optical behavior of glass matrix composites, the species of glass matrix and ceramic filler,the mixing ratio, the refractive index of the components and the interaction between the matrix and the filler should be considered simultaneously. Two kinds of glass matrix with different refractive index (n = 1.50 and 1.69) and absorption coefficient were mixed with calcite (n = 1.59) in various volume percentages and their optical behavior, such as reflectance and scattering coefficient was studied after firing. The reflectance and the scattering coefficient increased with increasing calcite content regardless of the optical characteristics of the glass matrix. The reflectance of the composite was strongly correlated with the absorption coefficient of the glass matrix while the scattering coefficient of the composite was highly dependent on the refractive index of the glass matrix. We suggest that using the matrix with a higher refractive index than that of the filler may improve the reflectance of the glass composite.