상수도 정책방향과 대책

김종천,Kim, Jong-Cheon 한국상하수도협회 1997 水道 Vol.24 No.2

정부의 ESS 보급정책과 ESS 융합솔루션 지원 사업 및 추진 방향

김종천,Kim, Jong-Cheon 대한전기협회 2014 전기저널 Vol.453 No.-

減水劑가 콘크리트에 미치는 影響

김종천,도덕현,Kim, Jong-Cheon,Doh, Duk-Hyun 한국농공학회 1982 한국농공학회논문집 Vol.24 No.2

A study on the effect of water reducing agent on the various characteristics of concrete has been conducted. The experimental results of the study are summarized as follows. 1. Slump test for the concrete added water reducing setretarding agent in proper quantity have been conducted. According to the test results, the decreasing rate of slump value become bigger than plain concrete with increase of the unit weight of cement and elapse of time 2. In case the proper quantity content of maximum compressive strength in Fig. 5 of water reducing set retarding agent is added, unit weight of water is decreased about 15% or so as compared with plain concrete. with the increase of water reducing set accelerating agent content unit weight of water is decreased much more, And other hand, amount of air entraining shows the increasing tendency with the increase of water reducing agent content. 3. The adding rate of water reducing agent which produce maximum strength shows that WR-CH and WR-SA which is water reducing set-starding agent is 0.2% and WR-CO is 0.5% and that WS-PO which is water reducing set accelerating agent is 0.5 4. compressive strength jof the concrete made of sulfate resistant cement shows less than the strength of normal portland cement at initial strength but the strength of both cement shows almost same at curing age of 28 days. 5. when proper quantity of water reducing set retarding agent is used, boned strength is increased about 15% at curing age of 28days. 6. According to the result of durability test, dynamic young's mudulus of elasticity at plain concrete is decreased about 50% as compared with initial step at 300 cycle of freezing and thawing after curing age of days. on the contarary the concrete used water reducing agent is decreased less than 7%.

상하수도 정책 - 우리나라 수도사업 체질개선이 시급하다

김종천,Kim, Jong-Cheon 한국상하수도협회 2008 한국상하수도협회지 Vol.23 No.-

국방획득관리규정 개정 소개(6차 개정, '03. 2)

김종천,Kim, Jong-Cheon 한국방위산업진흥회 2003 國防과 技術 Vol.- No.288

국방회기득관리규정의 주요 개정내용을 제시하였다. 국방획득관리제도가 기준면에서 아무리 합리적이고 절차면에서 구체화되었다고 하더라도 이해가 미흡하여 준수되지 않거나 또는 활용되지 않는다면 그 효용이 저하될 것이다. 무기체계 획득관련 기관.부서 담당자 및 방위산업에 종사하는 관계관들은 해당분야의 개정내용을 숙독해 주기를 바란다. 앞으로도 획득제도 시행상에 도출되는 문제점은 지속적으로 발굴하여 개선해 나갈 예정이다.

『화학물질관리법』의 전면 개정(안)에 관한 고찰

김종천 ( Jong Cheon Kim ) 한국환경법학회 2014 環境法 硏究 Vol.36 No.2

과거 화학물질 사고로 2005년 여수산업단지에서 염화수소사고로 65명이 중독되었고, 2008년 김천에서 페놀 유출사고로 16명의 사상자가 발생했다. 특히, 최근 2012년 9월 27일 경북 구미 (주)휴브글로벌 공장에서 8톤 가량의 불산가스 누출로 인하여 사망 5명, 부상 18명 및 주민 만이천여명이 피해를 입었으며, 농작물 237.9ha와 가축 3,209두 등 554억원의 막대한 피해를 발생시켰다. 이어서 2013년 1월 15일 충북 청주 LCD 가공공장에서 2,500L 가량의 불산누출로 인하여 일부 근로자의 얼굴에 화상 및 일부 주민이 피해를 발생했다. 또한 2013년 1월 30일 경기도 화성 삼성반도체화성공장에서 불산누출로 1명 부상 및 4명의 부상자가 발생하는 화학사고가 잇따라서 계속 발생하였다. 이에 따라 화학사고는 폭발적인 누출로 인하여 짧은 시간에 큰 피해가 발생함으로 사전에 예방하고 대비하는 것이 중요하며, 사고발생시에는 신속한 대응조치를 한 이후에도 사후복구 대책을 강구하여야 한다고 할 것이다. 하지만 현행 「유해화학물질관리법」으로는 구미불산사고, 경북 상주 염산사고, 충북 청주 불산사고, 경기도 화성 불산사고를 신속하고 일사불란하게 대응하는데 있어서 법적인 흠결이 노출되어 있다는 점에서 1991년 2월에 제정된 「유해화학물질관리법」의 전면적인 법제 개선방안을 요구 받기에 이르렀다. 이에 따라 19대 국회에서 2013년 5월 현행 「유해화학물질관리법」을 「화학물질 관리법」으로 전면 개정(안)을 통과시키게 되었다. 즉 「화학물질관리법」의 주요내용으로 기존의 「유해화학물질관리법」을 「화학물질관리법」으로 수정하고, 화학사고를 즉시 신고하도록 하며, 미신고시 처벌을 강화하였으며, 화학사고 장외영향평가제도 도입, 영업정지 처분에 갈음하여 부과하는 과징금을 매출액의 해당 사업장 매출액의 100분의 5 이하로 하되, 단일 사업장을 보유하고 있는 기업의 경우에는 매출액의 1천분의 25를 초과할 수 없도록 규제를 완화하였고, 유해화학물질 취급을 도급하여 준 경우, 이 법에 따른 수급인의 위반행위는 모두 도급인의 위반행위로 보도록 한 것에 대해서는 벌칙 적용은 제외하는 등의 유해화학물질 취급사업자에 대한 관리를 대폭 강화하는 등 화학사고 방지 및 대응을 위한 제도로 정비를 하게 되었다. The invention of Nylon by DuPont Company in 1938 was regarded as a blessing that chemistry would bring to the mankind, being praised as “the fiber of dream” that is thinner than a spider web but stronger than a steel wire. However, it always comes with a risk that threats the life of a human being. For example, 65 were poisoned by the hydrogen chloride leak at Yeosu Industrial Park in 2005, and 16 people were killed or injured at the phenol leak in Kimcheon in 2008. Eight tonnes of hydrofluoric acid was accidently released on September 27, 2012 at the Hube Global plant. The leak killed five people, injured 18 others, and affected about 12,000 residents with damages estimated at 55.4 billion won including 237.9ha of contaminated land and 3,209 of sickened livestock. Following the accident, another hydrofluoric acid was released on January 15, 2013 at the LCD factory in Cheongju, which left some workers with a burn on their faces and affected some residents. It was followed by the hydrofluoric acid leak on January 30, 2013 at Samsung Semiconductor Hwaseung plant in Kyeonggi-do, which claimed one life and injured four others. The advancement of technology bring convenience to people at a risk of the loss of life and assets. The German sociologist Ulirch Beck coined the term ‘Risk Society (Risikogesellschaft)’ and pointed out that the world should not only focus on the advancement and use of technology but needs to have more thoughts about it. Chemical accidents can cause a severe damage over a short time due to a possible explosion. Prevention and preparation in advance become important for a chemical accident, and a prompt restoration plan after an accident should be in place. However, the current ‘Toxic Chemicals Control Act’ has a loophole to promptly counteract Gumi hydrofluoric acid leak, Sangju hydrochloric acid accident, Cheongju hydrofluoric acid leak, and Hwasung hydrofluoric acid leak. The act enacted on February, 1991 came to be required for amendment in an overall scale. The 19th national assembly passed the bill of ‘Chemicals Control Act’ on May, 2013 which is an amendment of ‘Toxic Chemicals Control Act’. The main change of the amended ‘Chemicals Control Act’ include: the title was changed from ‘Toxic Chemicals Control Act’; any chemical accident shall be reported immediately; punishment of the failure of such report is strengthened; Off-site Consequence Analysis on chemical accident is introduced; some regulations were softened including that penalties substitute to the suspension of operation shall be less than 5/100 of the sales revenues of the business in question, but a company that owns a single work site shall not have a penality that exceeds 25/1000 of its sales revenues. The previous law stipulated that any violation of a subcontractor will be considered as that of a contractor’s, when a handling of toxic chemicals was contracted out. The amended bill softened the provision and exempted the application of penality to a contractor. Instead, it has strengthened other provisions on the management of a toxic chemicals-related businesses, overhauling the system to prevent and counteract a chemical-related accident.

그린에너지 원자력발전소의 안전성 확보를 위한 공법적 연구

김종천 ( Jong Cheon Kim ) 홍익대학교 법학연구소 2011 홍익법학 Vol.12 No.3

대규모 정전사태 방지를 위한 에너지수요관리 법제도 개선 방안

김종천 ( Jong Cheon Kim ) 홍익대학교 법학연구소 2014 홍익법학 Vol.15 No.1

The September 15, 2011 blackout incident proves the fact that Korea`s electricity demand overweighs electricity supply during every year`s winter and summer festivals. Thus, public demands the government (Ministry of Commerce, Industry and Energy) to come up with more effective energy saving measures. The distorted price structure system that does not reflect current production price is highly criticized as being obstacles for energy-saving efforts. Wolsong nuclear power generator no.1 in Gyeongju has stopped due to malfunctioning in October and November of 2012. Also Yeonggwang Nuclear Power generator no.5 and no.6 in 1,000,000-kW class will be stop by the end of this year. During intensively cold period in this winter, Korea possibly will face a major blackout. In this respect, we must say that there is a limitation because existing regulation-oriented energy policy system cannot manage energy demand effectively. There are no applicable provisions regarding status of “public interest,” legal principles on the efficiency of Administrative law, and demand management, as constitutional basis and limit for energy demand management. Nevertheless, as constitutional basis and limit for energy demand management, policies regarding energy development can be derived (the Mining Law and Submarine Mineral Resources Development Act), energy demand management can be based on the Constitutional Law Article 37 Section 2. Since such legislation related to energy demand management policy may fall under restriction of fundamental rights, it should be consistent with principle of proportionality. However, regulating energy saving policy to energy consumer for energy demand management may constitutionally violate the individual freedom. For example, Rational Energy Utilization Act enforcement regulations Article 31 Section 2 requires that “standard for thermal limits of air conditioning and heating under Article 36 Section 2 Subsection 1(the “thermal limits”) are as follows: air conditioning: above 2 6℃ and heating: below 20 ℃, except for sales facilities and airport where air conditioning thermal limit shall be above 25℃.” In addition, requiring energy supplier to improve energy efficiency for energy demand management means limiting business occupation and therefore we should check whether it violates the principle of proportionality. It should be regarded as not conforming with principle of proportionality. As main content of Low Carbon Green Growth Act, there are fundamental principles such as energy policies (Article 39 Section 2), energy basic planning, and greenhouse gas energy target system. Building Act, for the purpose of energy demand management, legalized Green Building Certification Program, Intelligent Building Certification Program, vitalization of building environment friendly buildings and efficient energy usage of buildings, and Building Energy Efficiency Rating System (Energy Consumption Certification for real estate transactions). However, it was criticized for being under control of Ministry of Land, Transport and Maritime Affairs. This can be seen as the basis law for demand management program according to Rational Energy Utilization Act. In such law, there are many demand management systems such as energy use efficiency measure for national and provincial organizations and demand management investment plans of energy supplier, efficient energy consumption managing equipment labeling system, average energy consumption efficiency system and improvement order, standby power reduction product endorsing system, standby power reduction excellent product labelling system and preferential purchasing system, high efficiency energy equipment certifying system and preferential purchasing system, support system for energy service company, support system of companies which entered into agreements voluntarily, support system of energy management system, reporting system of energy glutton business and mandatory system of energy diagnosis, notification system of target energy consumption rate setting, utilization of waste heat, heat using machinery management - registration of certain heat using machinery, examination of machinery subject to inspection, appointment of operators for machinery subject to inspection, etc. Recently, developed countries have adopted several programs to strengthen energy demand management and they include: USA`s EERS, England`s EEC and CERT, EU`s efficiency management program for energy using machinery, Germany`s 2000 National Climate Protection Program enacted in 2005, Co2-building improvement and maintenance program enacted in 2001, Renewable Energy Law enacted in 2004, German Greenhouse Gas Emission Allowance Trading Act (TEHG) enacted in 2007 and Energy Saving Regulation (EnEV) enactment, quota law, and Japan`s “Top-Runner System” for energy use rationalization. These programs have been adopted for the purpose of energy saving and thus provide many implications to Korean legislation. Therefore, for energy demand management, “improvement on energy efficiency obligation” system was included to Rational Energy Usage Law Article 9 Section 2. Also, following improvement plans were suggested: Top-Runner System adoption plan, “energy conservation stickers on electronics” adoption plan (Section 65 Subsection 2), and “Energy Storage System (ESS) and smart grid (intelligence power grid) construction scheme” for Building and Promoting Smart Grid Act, enacted on May 24, 2011.

“책임 및 구제에 관한 추가의정서” 국내 이행 법률(안)에 대한 평가와 전망

김종천 ( Jong Cheon Kim ) 홍익대학교 법학연구소 2015 홍익법학 Vol.16 No.1

The Convention on Biological Diversity (CBD) by the United Nations Environment Programme (UNEP) went into effect in December 1993 with the safety of biological engineering and LMOs (Living Modified Organism) included. The inclusion of the biological engineering and LMOs laid the foundation of the Cartagena Protocol on Biosafety (CPB). Following the move, the second Meeting of the Conference of the Parties to the CBD in Jakarta, Indonesia in 1995 established the Open-ended Ad Hoc Working Group on Biosafety and the extraordinary meeting of the COP to the CBD in Montreal on January 29, 2000 adopted ‘Cartagena Protocol on Biosafety’. The ‘Cartagena Protocol on Biosafety’ of the CBD was finally concluded on January 29, 2000 after five years of discussion. The CPB aims to prevent any hazard occurring from the transboundary movements of LMOs and its possible hazard to the environment and humans. The main features of CPB include AIA (Advanced Informed Agreement), precautionary principle, hazard assessment and management, transport and use, storage, and the operation of biosafety information centre. The CPB sets forth on Article 27 that ‘the COP should adopt a process with respect to the appropriate international rules and procedures in the field of liability and redress for damage resulting from transboudary movements of living modified organisms, and should endeavour to complete this process within four years.’ However, the specific details of such liability and redress with respect to the damage resulting from living modified organisms have not been established. The 5th Conference of the Parties to the Cartagena Protocol on Biosafety on October 2010 adopted Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress. As of June 2014, total 25 states including the EU have entrusted the statement of ratification, acceptance, endorsement or join and up to 40 states are likely to rectify the Supplementary Protocol by October 2014. There are voices demanding the joining of the Supplementary Protocol as the future hosting country of the Cartagena Protocol whereas the opposite side demands that the signing the Supplementary Protocol should be cautious. Those who take the cautious position say that Korea, as the importer of GMOs, should establish the appropriate laws and closely follow the international move before signing in order to conserve biodiversity and to promote public health. This paper has come to the conclusion that we need to establish the legislative bill to implement the ‘Supplementary Protocol on Liability and Redress’ domestically as one of the parties which has been making good practice on the international biosafety. There may be controversy over the bill in terms of whether it should be an independent law or a part of the Act on Transboundary Movements of Living Modified Organisms and Other Related Matters (the LMO Act). The bill should be included in the parent law, the LMO Act, with a provision on definition. Provisions that will be included in the legislative model are the concept on ‘the damage resulting from the living modified organisms (LMO)’, the concept on ‘the victim of the LMOs’, the concept on ‘the person who handles the LMOs (business = operator)’, the provision on ‘the liability in regard of the LMOs’, ‘immunities’, ‘assumption of a causal relationship’, ‘the limit of compensation for the damage caused by the LMOs and the compensation process’, ‘the provision on information’, ‘insurance policy’, and ‘statute of limitations.’ Finally, the proposed bill for the domestic implementation on ‘the Supplementary Protocol on Liability and Redress’ may be not the optimal bill but the starting point of active discussion on the damage caused by the LMOs and the related compensation, which may contribute to the advancement of bioengineering technology, the conservation of biodiversity, and the sustainable use of biodiversity.

항공배상책임보험에 관한 고찰

김종천 ( Jong Cheon Kim ) 한국항공우주정책·법학회 1990 한국항공우주정책·법학회지 Vol.2 No.-