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RISS 인기검색어
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- 저자 : 박정일(Jeong Il Bak) (검색결과 3 건)
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박정일(Bak, Jeong-Il) 원광대학교 법학연구소 2008 圓光法學 Vol.24 No.2
In the Democratic and Capitalistic Society, the Right of Property is supposed to be protective, but it could be limited through the lawful contents and process under the purpose of Public Welfare. For the purpose like this, under our unique historical background and experiences, the restriction of land utilization has formed and improved in the flow of "First is Public Welfare, Second Private Right of Property". Also as Korean restriction of land utilization has had the character of Public Law depended on the strong government-centered power, when the interpretation of "Public Welfare", that is the core in the restriction of land utilization, is needed, national needs have been considered as Public Welfare. If we consider only Article 23, the Constitution, unlike in Germany and United States, Korean Constitution seems to guarantee the Right of Property even wider because it is stipulated that the infringement's range, that must be compensated, about the Right of Property includes the use or the restriction as well as the general expropriation. In fact, however, the Restriction, although there is no concrete compensation provision, is enforced because it is just thought as the reasonable obligation like in the Restriction of land utilization by Act of the Planning and Utilization of the National Territory. Recently, the Constitutional court has decided that, if the Restriction on the Right of Property exceeds the simple social restriction, the expropriation effect must be admitted. This is a big step in point of the balance and the harmony between the Protection of Private Right of Property and Public Welfare. There are still many things to be done. In this paper, I will suggest some alternative plans on the balance between the Right of Property on Constitution and the Restriction of Land Utilization for Public Welfare.
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척추측만증 환자의 재활 치료 보조기 개발을 위한 구조 해석 모델 제시
박정일(Jeong Il Bak),윤호철(Ho Cheul Yoon),고흥(Heung Kou),염덕준(Deuk Joon Yum),선동윤(Dong Youn Sun),김영철(Young Chul Kim) 대한전기학회 2009 정보 및 제어 심포지엄 논문집 Vol.2009 No.5
The purpose of this study is to develop the auxiliary rehabilitation device for a patient of spinal curvature. The adolescent diopathic scoliosis(AIS) must be treated by rehabilitation brace if Cobb angle is 20°~40°. The rehabilitation brace is consist of 4 vest and 2 hinge parts (hinge and couple bar) that give a force to the ribs. But thin and light hinge parts for young patient failed easily because of unusual movement of the upper body. We studied optimum design and structural analysis of hinge parts when it distorted by tensile and bending force. The specimen of hinge parts were tested to evaluate the failure strength. And we attached circuits with memory and sensor detecting pressure and displacement to recoding stress in hinge parts. These data are used to alarm the patient to stop unusual movement and understand the load history.
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김성원(Kim, Sung-Won),박정일(Bak, Jeong-Il0) 원광대학교 법학연구소 2011 圓光法學 Vol.27 No.4
The multi-purpose business for farming income stabilization from the rice fields is the public enterprise for keeping supply and demand of rice in balance by using the adequate acreage for rice, improving the degree of food self-support and keeping the right amount of rice fields. The business has been expanded to Public Property, the reclaimed land including the general rice fields. Actually, the reclaimed farmland is good only for rice but government has ignored this reclaimed land's characteristics and pushed ahead this business. In addition, differently from before, tenant farmers who farm the reclaimed land don't have the right of choice for agricultural products any more. Also they cannot choose but accept the contract government is offering in order to rent the reclaimed land for their living. The reclaimed farmland is for social benefit administration. So it should be used for farmers' better lives. By using tenant farmers' relatively disadvantageous position, however, government has changed the terms of the contract on using the reclaimed farmland unilaterally. In fact, social benefit administration is for public administration. So social benefit administration must be come under control of Public Law. To avoid this Public Law's binding force, however, government has allowed Public Property, the reclaimed farmland to be used by tenant farmers under Private Law. Though a lot of regulations and theories for solving this problem and protecting the tenant farmers have been established, there are still many things to be improved.
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