대가청구권(代價請求權)에 관한 소고(小考)

김상명 ( Sang Myeong Kim ) 제주대학교 법과정책연구소 2008 法과 政策 Vol.14 No.1

종중의 실체에 따른 종중재산의 법률관계

김상명 ( Sang Myeong Kim ) 제주대학교 법과정책연구소 2013 法과 政策 Vol.19 No.1

종중은 조상숭배의 전통사상에 바탕을 둔 우리나라 특유한 관습상의 제도로, 특별한 조직행위 없이 자연발생적 집단으로 당연히 성립한다. 종중은 종중규약이나 관습에 따라 선출된 대표자와 조직을 갖추고 지속적인 활동을 하고 있으면 법인 아닌 사단의 단체성이 인정된다. 이러한 종중은 우리의 일생생활과 많은 관련을 맺고 있으므로 여러 가지 분쟁이 있을 수 있다. 종중의 법률관계를 통일적으로 규율하는 법률 없이 판례에 의존하고 있다. 특히 공시방법이 없어 법률관계가 불명확하고, 종중의 분쟁해결 규정의 미비 등으로 인해 종중의 분쟁해결이 곤란한 문제점이 있다. 따라서 종중을 둘러싼 법적 분쟁을 해결하기 위해서는 관습법에만 맡기지 말고 사단법인의 성립요건을 갖출 수 있도록 법률관계를 구체화시킬 필요가 있다. 또한 종중의 대표자선임을 둘러싼 종중총회결의무효확인의 소 혹은 종중총회결의부존재확인의 소 등의 분쟁을 합리적으로 해결하기 위하여 종중대표자를 공시하는 방안을 모색할 필요가 있다. 아울러 종중재산에 관한 종중대표자의 선임 및 등록을 강제하는 방안 등이 포함되어야 한다. The jong-jung is one of our customary system based on the traditional idea of ancestor worship, it is spontaneous group and is created without the need for special organizational conduct. The Jong-jung is recognized as a unincorporated association, if it`s activity continues, has the organization and elected representatives according to it`s regulation and customs. These jong-jung our daily lives, and many are actively involved, so there may be several disputes. No unified the Legal relationship of Jong-jung`s property and rely on precedent, and especially the legal relationship is unclear not to have a method of public notice. And due to the lack of a dispute resolution provisions, there are difficult aspects to the settlement of disputes. Therefore, the proposed legislative measures are as follows: First, Only do not rely on the common law, the legal relationship should be materialized to satisfy the requirements of the corporation. Second, Should be disclosed jongjung representatives to resolve the dispute reasonably. In addition, should include measures to force the elected and registered representatives on Jong-jung`s property.

범죄 피의자의 얼굴공개에 대한 법적 평가

이상명(Lee, Sang-Myeong) 한양법학회 2013 漢陽法學 Vol.24 No.1

Controversy over the question of whether a serious criminal suspects’s face may be revealed by the police or media had emerged since the sensational case of a serial killer Yoo Young-chul in Korean society. However, there exists no clear social consensus on the legitimacy or desirability of the disclosure of criminal suspect’s face in public, as evidently found in the existence of diverse standards adopted by public authorities and individual newspapers and broadcasters respectively. In this article, pros and cons of disclosing a criminal suspect’s face are introduced and possible suggestions in relation to present rules and regulations are offered by examining relevant critical issues from the points of constitutional and criminal laws. For the purpose of solving the problems regarding the disclosure of a criminal suspects’ face in public, one needs to consider the danger of dichotomous thinking, the purposes of criminal punishment and the necessity of respecting individual’s human rights. Revealing a criminal suspect’s face in public should be strictly limited to the specific following cases. Disclosure of the suspect’s face may be permissible only if the police have obtained strong evidence of guilt with public interests. When the police have difficulties arresting the suspect even if it had evidence, disclosure of the suspect’s face would be necessary, so that citizens can tip off the police having identified the suspect’s identities. Moreover, such disclosure would be needed if there are reasonal doubts for additional crimes for the suspect under investigation. In this regard, the current law covering special cases concerning the punishment of specific violent crime should be re-examined for revision with special reference to the scope of specific violent crimes, basic requirements for the disclosure of the criminal suspects’s face in public.

한국 미기록 Dinoderus 속(딱정벌레목: 개나무좀과)의 대개나무좀(신칭)에 관하여

이상명 ( Sang Myeong Lee ),추호열 ( Ho Yul Choo ),최은정 ( Eun Jeong Choi ),이동운 ( Dong Woon Lee ),박상범 ( Sang Bum Park ),박정규 ( Chung Gyoo Park ) 한국산림과학회 2003 한국산림과학회지 Vol.92 No.1

Dinoderus japonicus was collected from bamboo timber harvested from Nambu Forest Experiment Station in Jinju and farmer hut in Milyang, Gyeongnam. This pest is newly recorded from Korea. Morphological features of Dinoderus japonicus and key to major species of the genus Dinoderus are provided.

소나무류 묘목 가해 신 해충 작은뿌리파리 Bradysia agrestis Sasakawa ( Dipatera : Sciaridae ) 에 관한 연구

이상명(Sang Myeong Lee),정영진(Yung Jin Jeoung),김형환(Hyeong Hwan Kim),박정규(Chung Gyoo Park),추호열(Ho Yul Choo),이흥수(Heung Su Lee),이총규(Chong Kyu Lee) 한국산림과학회 2001 한국산림과학회지 Vol.90 No.4

An fungus gnat, Bradysia agrestis in the family Sciaridae was collected from Pinus spp. seedlings. This pest is a newly recorded insect from P. thunbergii, P. rigida, P. rigitaeda, and P. densiflora seedling. Brief morphological characters, damage symptom, host plants associated with the B. agrestis were recored. Significant variation in damaged of Pinus spp. seedling was attributed to differences between pine species(P. thunbergii : 15.4-20.0%, P. rigida : 23.1-48.8%, and P. rigitaeda : 13.8-67.5%, respectively) and sowing times(May : P. densiflora, 0%; P. rigida, 0%, July : P. densiflora, 20.0%; P. rigida, 49.4%, respcetively).

제주도 중산간지역 난개발 방지를 위한 도민의식조사 연구

김상명(Kim Sang-Myeong),김상찬(Kim Sang-Chan) 한국법학회 2005 법학연구 Vol.18 No.-

Jeju Island is expected to carry out some serious levels of developments in the wide-scale construction businesses such as the 7 Innovative Projects followed by the General Plan of Jeju Free International City. The Mid-mountain Area which is located about 200m-300m above sea level occupying about 32% of the whole Jeju Island area not only has a high level of water but possesses a good amount of porous soil which contains underground water but is also an area where endangered species of animals and rare plants reside forming a spectacular vista of natural landscape and scenic beauty. This fact alone makes this area a very valuable place to preserve but unfortunately, some imprudent developments have been carried out and there is concern that this will continue on in the future. There certainly is a dire need to look for preventive measures that will effectively put a stop to this excessive development. Taking this natural and environmental unique features of the Mid-mountain Area into consideration, the reasons and issues of the unwarrantable developments were looked into and a research into the awareness of the Jeju residents were carried out in order to seek out a solution. Based on the analytical results of the study, the following legislative and policy measures are suggested to preserve and prevent further unwarrantable developments. First, it is advisable to carry on any regional and International City developments focusing on the ecological parks. Second, the situation in the Mid-mountain Area is so serious which merits a fortification of the development permit system regarding this region. In the event of a conflict of interest between development and preservation in this region, other alternative developments based on the preservation of the ecological system should be the premise for any further actions. Third, as it is concluded that the most important element in the preservation of the Mid-mountain Area is the preservation of the ecological system, the directions for the preservation of the ecological system should be firmly established. It is necessary to implement measures such as making it compulsory to form ecological parks during the development process. Fourth, in order to protect the natural environment according to the special qualities of Mid-mountain Area, the developments of the Mid-mountain Area should be based on an objective and scientific environmental effect evaluation focusing on environment-friendly and ecologically safe actions. Fifth, out of the 3 preservation areas in the Mid-mountain Area, in the areas where loss is incurred due to the restrictions in development as such as that of the grade 1 and grade 2 areas, a loss and compensation system should be established speedily so that adequate compensation is given.

포스터 전시회 : 서보 유압형 피에조 인젝터 모델 개발 및 2단 분사 검증

김상명 ( Sang Myeong Kim ),정명철 ( Myoung Chul Jeong ),성기수 ( Gi Su Sung ),조인수 ( In Su Jo ),이진욱 ( Jin Wook Lee ) 한국액체미립화학회 2013 한국액체미립화학회 학술강연회 논문집 Vol.2013 No.-

Performance of diesel engine with high fuel pressure injection is related its emission gas and fuel consumption. In this study, by using 3rd generation piezo-driven injector model, two-stage injection characteristics and effects were analyzed. And numerical model with injection rate and hydraulic pressure about two-stage injection were developed and verified with experimental results.

솔수염하늘소(Monochamus alternatus) 훈증방제를 위한 수종 살충제의 살충활성 및 훈증조건

이상명 ( Sang Myeong Lee ),정영진 ( Yeong Jin Chung ),문일성 ( Yil Seong Moon ),이상길 ( Sang Gil Lee ),이동운 ( Dong Woon Lee ),추호렬 ( Ho Yul Choo ),이총규 ( Chong Kyu Lee ) 한국산림과학회 2003 한국산림과학회지 Vol.92 No.3

Fumigation effect of metam-sodium 25% SL, aluminium phosphide GA, bifenthrin 4% FW, diasinon 3% G, and Armoracia rusticana was evaluated against larvae of Japanese pine sawyer(Monochamus alternatus) at the damage areas of Pine wilt disease by Bursaphelenchus xylophilus for one rear from April, 2001 to April, 2002. In addition, application time of metam-sodium and fumigation effect depending on the height of piled timber and mulching of soil surface were investigated at the Piled timber. Effect of rate of metam sodium was also evaluated at the stump of cut black pine (Pinus thunbergii). Mortality of Japanese pine sawyer larvae was 18% at the rate of aluminium phosphide GA 8 tablets/ m^3, 40% at that of 12 tablets/ m^3, and 100% at that of 42 tablets/m^3, respectively. Metam sodium 25% WP was effective showing 98% mortality at the rate of 0.5ℓ/m^3 and the rate of metam sodium inducing 100% mortality was over 0.7ℓ/m^3. However, bifenthrin 4% FW and diazinon 3% GR were not effective against larvae of Japanese pine sawyer. On the contrary 100% mortality was shown at the rate of 60㎖/m^3 of Armoracia rusticana oil. Application time of metam sodium did not affect mortality of Japanese pine sawyer larvae, i.e., mortality was 100% in 7 days after treatment in March, May, October, and December. Metam sodium killed 100% of Japanese pine sawyer larvae in cut timber by 1 m in the fumigation tent regardless of height. Effect of mulching of soil surface for 48 h influenced efficacy of metam sodium and A. rusticana oil. Metam sodium killed 100% of Japanese pine sawyer larvae without relation to mulching. However, A. rusticana oil did not kill Japanese Pine sawyer larvae in the non mulching area while 100% mortality was shown in the mulching area.

솔수염하늘소(Monochamus alternatus)에 대한 수종 살충제의 살충효과

이상명 ( I Sang Myeong ),문일성 ( Mun Il Seong ),정영진 ( Jeong Yeong Jin ),이상길 ( Lee Sang Gil ),이동운 ( Lee Dong Un ),추호열 ( Chu Ho Yeol ),박정규 ( Park Jeong Gyu ) 한국산림과학회 2003 한국산림과학회지 Vol.92 No.4

To develop efficient control program against Japanese pine sawyer (JPS). Monochamus alternatus Hope, laboratory bioassay using 7 insecticides, and the residual effects of fog-machine treatment and ultra-low-volume spray by helicopter of fenitrothion induced 100% mortality 4 days after exposure (DAE), and exposure for 4 minutes did that 2 DAE. Even the periods when they were alive, they did not feed on treated P. densiflora shoots. All the topical applications of the fenitrothion on elytra, head, mouth, tarsus, and ventral parts show 100% mortality. The residual effect of fog-machine treatment of fenitrothion was very effective against JPS adults. When the adults were inoculated on the treated shoots at the 1st day of treatment with 50,000 and 5,000 ppm solution of fenitrothion, the LT_(100) was only 1 day; even at the 11th day it was only 3 days. The residual efficacy of ultra-low-volume spray with helicopter lasted longer than that of fog-machine treatment. When the JPS adults were inoculated on the sprayed shoots even at the 10th day of the spray with 60,240, 5,000 and 1,000 ppm, the LT_(100) was only a day.

북한 환경법제에 관한 연구

김상명 ( Sang Myeong Kim ) 제주대학교 법과정책연구소 2013 국제법무 Vol.5 No.2

북한은 중화학공업 중심의 개발, 연료부족으로 인한 산림황폐화, 경제특구 개발에 따른 산업공해 등 환경문제가 사회적 문제로 대두됨에 따라서 이와 같은 환경문제를 해결하기 위하여 환경보호법(1986년)을 제정하고, 이어 바다오염방지법(1997), 국토환경보호단속법(1998), 환경영향평가법(2005), 대동강오염방지법(2005) 등 개별 환경법들이 제정 · 개정되고, 또한 환경보호를 위한 자연환경보호기금의 설립(2005) 등의 법과 제도를 추진하였다. 또한, 북한은 환경오염문제의 해결을 위한 국제적 교류와 협력을 얻기 위해 유엔 지구온난화방지를 위한 교토의정서에 가입과 유엔환경계획을 비롯한 국제기관과 더불어 지구온난화 방지와 오존층의 보호, 생물 다양성보호를 목표로 활동하고 있다. 그러나 이러한 노력에도 불구하고 북한 체제의 특성상 환경정책이 지속적이고 일관성 있게 추진되지 못하고 있다. 북한 지역에서 환경오염은 남한 지역에 까지 크게 영향을 미치게 되기 때문에 한반도인 남북한의 통일된 환경정책이 무엇보다 중요하다고 할 수 있다. 따라서 남북한 통일된 환경법을 추진하기 위해서는 우선 독일의 통일 환경법 추진과정을 교훈 삼아 북한의 환경관련법제의 연구와 더불어 남북한 통일 환경법을 점진적으로 추진할 필요가 있다. 이를 위해서 지금으로서는 남북한 간의 통일 환경정책 추진협약을 체결하여 한반도인 남북한이 공동으로 환경문제를 연구할 필요가 있다고 할 것이다. In 1987, the United Nations urged countries to improve their existing improper domestic environmental laws and regulations, which implies that the environmental issue has emerged as a critical global problem awaiting solutions. The problem of environmental pollution requires prevention rather than post remedy, it is important to examine the environmental policy of North Korea in the dimension of South-North environmental cooperation. Therefore, it is necessary in the long run to prepare for improving environmental laws and regulations in South and North Korea. The present study attempted to analyze environmental protection laws in North-Korea, to propose an environmental cooperation plan between South and North Korea as a part of research on the improvement of relevant laws in preparation for the reunification of South and North Korea and to find a strategy for improving environmental laws in the unified Korea. The result of this study is expected to be utilized as a basic material for the proposal of the South-North Korea Reunification Law.