선박조립과정의 FCAW 적용시 적정 보호가스 유량에 대한 연구

이훈동(Hoon-dong Lee),심천식(Chun-Sik Shim),송하철(Ha-Cheol Song),염재선(Jae-Seon Yum) 대한조선학회 2011 대한조선학회 논문집 Vol.48 No.1

성매매와 형사법적 처벌의 한계

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2009 외법논집 Vol.33 No.1

The principle of criminal policy can be divided into three types. First, the decriminalization maintains that since voluntary prostitution is legalized, it is not a punishment of both sides, and that mediation, abetment and exploitation of prostitution are punished as crimes. Second, the legal regulamentarism maintains that both sides’ behavior of voluntary prostitution is not punished, and that this system controls the behavior of prostitution such as levy of tax on the prostitution, obligation of medical supervision, and authorization of special zone. Third, the prohibitionism, which is enforced in Korea, means that all kinds of prostitution behavior including voluntary prostitution and mediation of prostitution are punished as crimes. From the viewpoint of freedom of self-determination and sexual self-determination rather than feminism or moralism, this paper tries to examine whether or not it is appropriate to select what kind of legislation among them. When the criminal law expects a punishment which is the strictest law-effect, the restriction principle of self-determination demands that self-action should not violate the self-determination of others, and that although self-interest is violated by self-intention, there should be no violation of human life or serious injury of body. Although human image which the criminal law presupposes is not moral but immoral character, the image presupposes ordinary people who do not harm others in a minimal way. So I suggest that people who practice prostitution in a voluntary way is released from the criminal punishment, but that it is advisable that we make a law where only people who force or tempt prostitution should be punished.

정당방위와 제3자

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2009 외법논집 Vol.33 No.3

The behavior to defend the present illegal violation of self-benefit of law or others' benefit of law is recognized as the self-defense against the violator. In case that the defense result happens to the third man except the violator, the self-defense is not admitted for the third man. We need to discuss these kinds of issue in terms of self-defense and urgent necessity and examine case by case. The first type shows that when the violator who takes advantage of the third man's belongings makes an attack, a defense action by the defender damages the third man's belongings. This means that the defender damages the third man's belongings. Because the third man's belongings form a part of violation action, the self-defense is recognized in this case. The second type is that in order to avoid the violator's attack, the defender damages the third man's belongings by using them. In this case, the law-benefit violation of the third man is caused only by the defender's action. The defender's behavior is to escape danger by the violator's attack. The relationship between the defender and the third man corresponds to the urgent escape. The third type indicates that the defender's behavior happens to the third man other than the violator. For example, A who takes a knife attacks B, and B throws a stone to A. However, B does damage to C who walk across the street accidentally. In this case, when the self-defense against the violator is concluded, the urgent escape is admitted for the third man. When the self-defense against the violator does not happen, it is regarded as the criminal negligence.

과실행위에 의한 긴급행위

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2005 외법논집 Vol.18 No.-

In case of self-defense or necessity committed by negligence, intention to defense or intention to necessity, which is the subjective justification, is needed. We regard the emergency behavior committed by negligence as the violation of benefit and protection of law. As in the case of intent behavior, the intention to defense or the intention to necessity will be also needed. However, in terms of the emergency behavior committed by negligence which is not a kind of intention, we can accept it when we have a simple psychological-state to recognize emergency situation and avoid it.

부정경쟁방지법에서의 영업비밀의 형사법적 보호

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2011 외법논집 Vol.35 No.4

Today, the importance and necessity of the protection of trade secrets for the interest is much higher. Include the background first, there is growing importance of proprietary information can be found. In some cases, the information can not be compared with the value of tangible facilities or materials. Accordingly, it is the national subject to protect trade secrets, no less than to develope technology. Secondly, Korea’s industrial structure and employment patterns are changing in knowledge-intensive type and employment type has become flowing away from the traditional, permanent occupation type. Facilitating the movement of labor across the enterprise becomes more likely to disclose trade secrets along, the proprietary information is requested by the need to protect. Finally, trade secret protection for the international system is that it is requested. To do activily Korean companies in world and to do activily foreign companies in korea, Korea’s trade secrets protection system and the international protection system is necessary to harmonize. For this end, WTO members should regulate the country’s laws protecting trade secrets in accordance with article 39 of TRIPs. Germany, in 1987, France in 1992, the United States in 1996, China 1997, Korea in 1991, Japan in 2003 to protect trade secrets, panel sanctions were introduced. However, criminal legal protection of trade secrets may be significant side effects. For example, trade secrets of the conceptual uncertainty can come from the expansion of the penalties, restrictions on freedom of changing occupation. This paper argues with The Economic Espionage Act in U.S.A, the Unfair Competition Prevention Law in, Germany and Japan, China’s Criminal Law, the Unfair Competition Prevention Law in Korea with the viewpoint of the comparative law.

중지범에 있어서 미종료미수와 종료미수의 구별기준

이훈동(Hoon Dong Lee) 한국비교형사법학회 2001 비교형사법연구 Vol.3 No.2

N/A

유엔ㆍ미국 등의 대테러자금관련법과 대이란제재

이훈동(Lee, Hoon-Dong) 한국중동학회 2011 韓國 中東 學會 論叢 Vol.31 No.3

Recent politics, society. religion, Sharpening ethnic conflicts in accordance with the development of science and technology as weapons of mass destruction and indiscriminate killing many and unspecified persons by the international community as well as causing fear in the social chaos in the country and nation terrorist threats and security risks to themselves and are being discussed. Particularly the risk of terrorism beyond the borders of each state combined with the internationalization of crime, should prepare a detailed response to the dangers of terrorism and international organizations, as well as to cope with major countries including the United States to raise a variety of legislative responses have tried. As part of this effort is the most important anti-terterrorism policies by 2001. 9. 11 terrorist as shown in the images caused large-scale acts of terrorism situation in probation and post-punishment alone effective terrorism measures can not be recognized under the fundamental terrorism itself, the most effective prevention, and to prevent terrorist funds blocked for various international legal and regulatory measures have tried to find laws. This paper details the resolution of international organizations and the United States at the center of sanctions against Iran focused on the legal system examined, focusing on laws of our country in the future by reviewing the legal countermeasures to be deployed in the country's anti-terrorism financing laws, is to offer the application of the basic data. To this end, prior to the recent UN sanctions and other international organizations and U.S. anti-terrorism financing legislation and related regulations against Iran, based on this attitude is examined with respect to sanctions section of the international organizations recently against Iran, the United States, and from 22 December 2008 practiced in Korea , "The law of the prohibition on financing activities for the purpose of intimidating the public" and the related sanctions against Iran review was performed.

스포츠에서의 상해와 형법

이훈동(Lee Hoon Dong) 한국비교법학회 2004 비교법학연구 Vol.4 No.-

The previous studies have neglected how injury in sports is treated with respect to the criminal law. In this paper, I deal with this problem and investigate it in relation to the kinds of sports. In the sports without body touching, in which body attack is not done in an international manner, they are almost settled by comparative judgement. On the other hand, in the sports with body touching, which focus on injury or somewhat have risk of injury, it will be possible that we show not only the case of violating rule by serious accident but also the case of international action.<br/> The important things as a standard are dynamism of sports, maintenance of attraction, and sufficient legal-protective harmony of sportsman body and health.

한국의 성문화와 형사법

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2007 외법논집 Vol.25 No.-

It is said that when we want to figure out peculiarities of law culture in a nation, they appear in the provisions of criminal law or civil law. The criminal law may show dark sides of culture in the period of the nation. The purpose of this paper is to try to suggest the dark sides of sex culture by investigating many kinds of criminal law provision on sex. We can argue various kinds of area to explore the sex culture with respect to the criminal law. Among them, however, I have examined law-making decision, theory, and change of cases in regard to the crime of sex customs in our criminal law. This is because the crime of sex custom is the criminal provision which observes sexual expression or freedom of sexual life in the limit of ordinary sex-moral or sex-custom of the day. Unlike the past, we are now living in the age of open sex and free sex. We meet the situation where we try to establish the ethics to preserve our community in conflict and harmony between conservative tradition and modern consciousness of law. Afterwards this trend affects great change of criminal law and cases in relation to sex regulations. In the long run, we expect to demoralize the sex-criminal law.

죄형균형의 원칙에 관한 고찰

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2013 외법논집 Vol.37 No.1

Because we have not yet the substantial studies to deal with the principle of the balance of crime and punishment, we have inevitably examined them with references to the discussions of the United States and Germany. In regard to the principle of the balance of crime and punishment, the cases of the Supreme Court of the United States claim that the extreme punishment which significantly loses the balance of crime violates the Amendment 8. Statutory punishments are overly harsh in comparison with the quality of the crime and the actor’s responsibility. In case that the legislative discretion is not arbitrarily exercised against the constitutional provisions or the related principles of the constitution. The Constitutional Court of Korea holds that the heavy or light statutory punishments is related to the right or wrong issue of legislative policy. Thus, there can be a problem that the significant imbalance will have to be judged by what. Considering the precedents of the Supreme Court of the United States, we investigate ① the comparison of sentence due to the seriousness of crime and the severe attitude to crime, ② the comparison of charged sentence to other crimes in the same law area. The investigation may be noted to apply and interpret the national duty of assurance of human worth and dignity, the principle of equality, the principle of proportionality, or the principle of prohibition of excess.