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.

Fabrication of nc-Si/SiO₂ Multi-Layer Structure by using LPCVD

Soonjae Jung,Eunkyeom Kim,Chan Park,Moonsup Han,Junghyun Sok,Kyoungwan Park 한국진공학회 2005 한국진공학회 학술발표회초록집 Vol.- No.-

Asymmetrical change in the pelvis and the spine during cross-legged sitting postures

Soonjae Ahn,Seunghyeon Kim,강선영,전혜선,김영호 대한기계학회 2013 JOURNAL OF MECHANICAL SCIENCE AND TECHNOLOGY Vol.27 No.11

People spend much time with cross-legged sitting by increasing the time spent in the chair. Prolonged cross-legged sitting postures might cause spinal disorders and trunk asymmetry problems. We investigated the biomechanical effects of cross-legged sitting postures on the pelvic and spinal regions. 3D-motion analyses were performed on 26 healthy subjects. Data were collected while the subjects sat in four different postures: the control posture (without crossed legs) of sitting upright on the chair; the knee-on-knee (KoK) posture (the right knee on the left knee), the ankle-on-knee (AoK) posture (the right ankle on the left knee) and the ankle-on-ankle (AoA) posture (the right ankle on the left ankle). EMG signals were also collected for abdominal muscles. Cross-legged sitting postures showed significantly greater kyphotic curves in the lumbar and the thoracic spines and pelvic posterior tilting, when compared with the control posture. The pressure on the right buttock area was greater in the AoK posture than in the control posture, and the pressure on the left buttock area in the KoK posture was greater than in the control posture. Cross-legged sitting postures showed significantly greater external oblique muscle activation when compared with the control posture.

Analyzing the effect of cognitive map on decision makers’ semantic and syntactic comprehension, and inferential problem solving performance

Soonjae Kwon 한국인터넷전자상거래학회 2018 인터넷전자상거래연구 Vol.18 No.2

In the field of decision making field, cognitive map (CM) has been regarded as a unique and robust mechanism for problem-solving. Despite that a huge number of studies had been reported about the usefulness of cognitive map on complicated decision making problems, there is no explicit study on how the CM influences decision makers’ semantic and syntactic comprehension, and inferential problem-solving. To fill the research void like this, this study proposes related hypotheses, and conducts experiments in which participants are grouped into two application domain types (familiar vs unfamiliar), and two types about CM knowledge (high CM knowledge vs low CM knowledge). Experimental results showed that CM can be used in significantly enhancing decision makers’ semantic and syntactic comprehension, as well as inferential problem-solving.

Changes of Proteomic Profiles in the Needles of Korean Fir (Abies koreana W.) in Responses to Freezing Stress in Natural Conditions

Soonja Oh,Young Eel Moon,Seok Chan Koh 한국원예학회 2013 한국원예학회 학술발표요지 Vol.2013 No.10

Why Users Continue to Use SNS(Social Network Services)?

Soonjae Kwon 한국인터넷전자상거래학회 2015 인터넷전자상거래연구 Vol.15 No.2

Most people are spending more time on SNS than on video call, voice call and SMS, in korea. Why do users spend so much time on using SNS? Do we use SNS just for fun or for getting information and knowledge? Or maybe we are just addicted to it? To explore the users" action of continually using SNS, we suggest a set of propositions in this exploration and put forward three kinds of methods to prove the propositions true. In this paper, we also put forward a new viewpoint according to Aristotle"s Teleology, Praxeology and Evolutionary Psychology. We have four main steps in this paper for exploring SNS users" actions of continuance usage and finally try to prove the proposition. First, study the concept of the existing information system, Praxeology, Aristotle"s Teleology and Evolutionary Psychology; Second, analysis the behavior patterns of users who continually use SNS; Third, find the relationships between the concepts and users’ actions; Forth, propose propositions and try to prove them true through those correlative analysis.

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

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

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

A proteomic approach to seasonal adjustment in the enzyme complement of Korean fir(Abies koreana Wilson) needles

Soonja Oh,William W. Adams III,Barbara Demmig-Adams,Seok Chan Koh 한국원예학회 2019 Horticulture, Environment, and Biotechnology Vol.60 No.1

Korean fi r is an endemic ornamental tree species facing population decline in Korea. To further understand the acclimatoryadjustments it undergoes in response to seasonal extremes, we characterized some of the needle proteins that are upregulatedduring winter. Two-dimensional gel electrophoresis (2-DE), followed by MALDI TOF/TOF MS/MS and Mascot analyses,was used to visualize changes in protein profi les during acclimation to winter stress. From the 2-DE protein profi les ofKorean fi r needles, 226 protein spots were detected, many of which accumulated at higher levels during the winter. Among17 proteins identifi ed, 12 matched proteins associated with photosynthesis and with biotic and abiotic stresses, and eightwere signifi cantly upregulated under winter stress. Upregulated proteins included photosynthetic enzymes sedoheptulose-1,7-bisphosphatase and fructose bisphosphate aldolase of the Calvin–Benson cycle, four proteins related to oxidative stresstolerance, two proteins implicated in biotic defense, one heat-shock protein, and fi ve unknown proteins. However, two otheroxidative-stress-related proteins were present at high levels throughout the year, and a chitinase and the small subunit ofribulose-1,5-bisphosphate carboxylase showed no seasonal adjustments. Thus, Korean fi r needles exhibited winter upregulationof some photosynthetic enzymes, coupled with increased photo protective thermal energy dissipation, and proteins relatedto abiotic and biotic stress resistance. Winter stress, which can include both low temperature and reduced water availability,in the subalpine region of Mount Halla led to an altered physiological equilibrium with increases in key Calvin–Bensoncycle enzymes and increased enzymatic and non-enzymatic protection against oxidative stress.

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.