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      • KCI등재

        헤이그성년자보호협약에의 가입가능성 모색을 위한 해석론적 고찰

        이병화 한국국제사법학회 2022 國際私法硏究 Vol.28 No.1

        Today's aging population in the world as well as in the country is combining with the gradually increasing international movement. Thus, there was a rise in the necessity of providing protection in international situations as for a adult who is not in a position to protect own interests due to the impairment or insufficiency of personal faculty. Accordingly, the Hague Convention on the International Protection of Adults confirmed that the major consideration is a respect for the interests, dignity and autonomy of adults with recalling the importance of international cooperation for the adult protection while avoiding conflicts between legal systems pertinent to jurisdiction, applicable law, recognition and enforcement of the measures for the adult protection. Therefore, this study understands the foundation background and significance in the Hague Convention on the International Protection of Adults, clearly suggests the purpose and application scope of the said Convention, and is addressing with dividing it into jurisdictional regulation, applicable law provision, recognition and enforcement regulations, cooperation regulation, general provisions, and final clauses according to the specific contents of the Convention. This is leading to putting into shape by analytically approaching the discussion process and the detailed contents for adult protection of having been progressed in the Hague Convention on the International Protection of Adults in the meantime. Aiming at acceding to the Hague Convention on the International Protection of Adults, first of all, there is a need to overhaul domestic laws to protect adults such as the Adult Guardianship Act. The applicability of Private International Law still remains in the relationship with non-contracting countries. Thus, the adjustment of Private International Law regulations related to adult guardianship should also be preceded. Our country is now considered to have been achieved some basic prerequisites under domestic law in order to discuss the accession and implementation of the Convention. With regard to what will need to be discussed in general for our country to increase the possibility of joining the Hague Convention on the International Protection of Adults in the future, first, the necessity of joining the Convention must be clearly recognized. A further in-depth research on the overall contents of the Convention needs to be preceded. In addition, the organic and comprehensive understanding is seen to be necessary with many existing conventions related to the adult guardianship including the said Convention. And a multilateral inquiry will have to be continued even as for the appearance of enactment in the domestic enforcement act and its major contents in terms of implementing the Convention. This study is desired to likely become an opportunity of positively seeking its possibility so that our country can join the Convention. 오늘날 국내는 물론 세계의 인구고령화는 점차 증가하는 국제적 이동과 결합하면서 개인능력의 장애나 부족으로 인해 자신의 이익을 보호할 위치에 있지 못하는 성년자에 대하여 국제적 상황에서 보호를 제공할 필요성이 증대하였다. 이에 따라 헤이그성년자보호협약은 성년자보호를 위한 조치의 관할권, 준거법, 승인 및 집행에 관한 법제도 간의 충돌을 피하고, 성년자보호를 위한 국제적 협력의 중요성을 상기하면서 성년자의 이익과 존엄성 및 자율성에 대한 존중이 주요 고려사항이라는 점을 확인하였다. 그러므로 본고에서는 헤이그성년자보호협약의 성립배경 및 의의를 이해하고, 동 협약의 목적 및 적용범위를 명확히 제시하며, 동 협약의 구체적인 내용에 따라 관할권규정, 준거법규정, 승인 및 집행규정, 협력규정, 일반규정 및 최종조항으로 구분하여 다루고 있다. 이를 통해 그동안 헤이그국제사법회의에서 진행되어온 성년자보호를 위한 논의과정과 상세한 내용을 해석론적으로 접근하여 정리하고 있다. 헤이그성년자보호협약에의 가입을 위해서는 먼저 성년자후견법과 같은 성년자보호를 위한 국내법의 정비가 필요하고, 비체약국과의 관계에서는 여전히 국제사법의 적용가능성이 남아있으므로 성년자후견에 관련된 국제사법규정의 조정도 선행되어야 한다. 현재 우리나라는 동 협약에의 가입 및 이행을 논의하기 위한 국내법상 기본적인 전제요건이 어느 정도 마련되었다고 본다. 앞으로 우리나라가 헤이그성년자보호협약에의 가입가능성을 높이기 위해 일반적으로 논의해야 할 점은 우선 동 협약에의 가입의 필요성을 명확히 인식하여야 하고, 동 협약의 전반적인 내용에 관하여 보다 심도 있는 연구가 선행되어야 한다는 것이다. 또 동 협약을 비롯하여 성년자후견과 관련된 기존의 여러 협약들과의 유기적이고도 포괄적인 이해가 필요하다고 본다. 그리고 동 협약의 이행에 있어서 국내시행법의 제정여부 및 그 주요내용 등에 관하여도 다각적인 탐구가 계속되어야 할 것이다. 본고를 통해 향후 우리나라가 동 협약에 가입할 수 있도록 그 가능성을 적극 모색하는 계기가 되길 바란다.

      • KCI등재

        Numerical prediction of characteristics of ash deposition in heavy fuel oil heat recovery steam generator

        이병화,황민영,선칠영,전충환 대한기계학회 2014 JOURNAL OF MECHANICAL SCIENCE AND TECHNOLOGY Vol.28 No.7

        Resolving ash-related problems such as fouling and slagging is crucial to the operation of a heat recovery steam generator (HRSG) in apower plant using heavy fuel oil (HFO). This paper presents numerical predictions of ash particle deposition using a model implementedwith CFD code. The deposition model considers the force of gravity, elastic rebound, and adhesion forces acting at the moment of ashparticle impact, which determine if the particle bounces off or stays on the surface and accumulates into a deposit. The 2D simulationresults showed that ash deposition depends significantly on the particle size and velocity. The normal gravity force is a significant parameterthat determines the position of deposition. The simulation results for ash deposition in an HFO-HRSG showed that ash depositsare highest (~34%) in the first and second rows, where the particles hit first, after which deposition decreases. However, ash deposits inthe internal array increase again in the rear rows because rebounding particles decelerate and are deposited because of gravity, as confirmedby observations of actual deposit formation.

      • 국제사회에 있어서 NGO의 지위와 역할

        이병화 人文科學硏究所 2005 人文科學硏究 Vol.11 No.-

        It is non-governmental organization(NGO) that have played major roles in making more and more people know that various problems deemed as domestic ones of every sovereign nation for a long time(such as human rights, environment, development and armament reduction) are the critical matters around the globe. Especially, in the international society, the expanded influential power of NGO is a result from globalization process that comes to create an integrated community via the latest advancement of IT technology. Also, the United Nations revealed its limitations like mammoth organizations and institution formed by representatives of government in each nation, although it set an ultimate aim at maintenance of peace and security in international society. As a result, the issues of in-house reformation began to be on the rise, and the collaborative relationships between UN and NGO become more spotlighted in terms of importance than ever. On the other hand, there is a fundamental limitation of NGO's roles as confined to all informal works in the current framework of international law. Nevertheless, international NGOs have exerted unnegligible influence on international legislation process across various fields, and have been dedicatedly contributing to the development of global society and human being. As shown above, it is necessary to carry on a formulated review and analysis about international NGOs from the angle of international law, because they have exerted considerable impact worldwide and will also expand their authority and activities around the globe in future as expected. Therefore, this study intends to look into various conceptual definitions of NGO and give an overview about the history of NGO. In addition, it will address various functions, advantages and disadvantages that NGO has as usual. Finally, with regard to overall discussions about NGO's status from the angle of international law, this study will analyze the relationships between NGO and UN, between NGO and UN technical expert group, and between NGO and local organizations respectively. In addition, with regard to the matter of NGO's independence in accordance with international law, this study will examine NGO's qualification for international body corporate in positive and proactive ways so as to seek the favorable directions of NGO for its development in the future.

      • 유언에 관한 법적 고찰 및 여대생들의 의식조사

        이병화 동덕여자대학교 인문과학연구소 2003 人文科學硏究 Vol.9 No.-

        Everyone is mortal and can leave a will that would become legally effective at the time of death. The purpose of will is to respect the last opinion of the deceased. The legal system adopts a very complicated formality to clarify the meaning of a will. Most of lawsuits regarding a will deal with the issue whether the will follows the formalities the legal system requires. In the civil law, one can leave a will in five formalities - a holographic testament, an audio-recorded testament, an attested testament, a mystic testament and a nuncupative testament. If a will cannot be classified into these five categories, it is invalid. The will would also become invalid if the deceased did not have the capability to leave a will, or the will was witnessed by an incapable witness. Today, the testation (donation of one`s wealth by a will) has a special meaning. The purpose of this study is to promote a clear understanding of a will through a legal inquiry, and to provide an opportunity to think about the will by conducting a research on various consciousness of female university students regarding the issue. After all, a will is a promise one makes to oneself when he or she was alive to make his or her life more fulfilling and active, rather the last words about his or her wealth and status before the death.

      • 생리 중 수업태도에 따른 체육수업 기피요인

        이병화,김세환 江原大學校附設體育科學硏究所 2002 江原大學校附設體育科學硏究所論文集 Vol.- No.25

        My researching targets are the girls' high school students. The objects of my research are to grope out the improvement course of the effective physical education guidances as examining the avoiding factors closely and classifying, studying and analyzing the attitudes in the physical education classes with two variables - the independent variable, dependent one. The former is the participating attitudes in the study hour under the menstruation. The latter is the main factors such as physical, characteristic, psychological, athletic items and facilities and teacher's factor. The conclusion is as follows. 1. Physical factor- The more active the students are in the class attitude under the menstruation, the more they are influenced by the physical pains, everyday life, schoolwork and physical activities. 2. Characteristic factor - the extrovert students have a tendency to be passive in the studying attitude. 3. Psychological factor - the menstruating students who are participating actively in the class tend to feel much anxiety. 4. Factor of the athletic items - the menstruating students who are participating actively in the class tend to be hindered in the factor of the athletic items and facilities. 5. Teacher factor - the menstruating students who are participating actively in the class would like to go to the nursing room and take part in the light exercises

      • 韓國地方議會의 適正化模型에 관한 硏究

        李炳華 新羅大學校 1989 論文集 Vol.28 No.-

        This paper is mainly concerned with the ideal model of the korean local council system which is to be reconstructed in the later part of this year. Assordingly the objectives of this study are to find a universal model of the worfol-wide local council systems, to compare them with the korean case experienced in the 1950's and to paresent and appoapriate model for the real condition of Korea. Some of the typical findings are as follows; First, Local Councils are generally classified into tree types:the inhabitants self government (burgerliche Selbstverwaltung), the groups self government (Korperliche Selbstver-waltung)and the mixed type. The type of local council in korea being over deflected to groups self government, primary attention is given to the mixed type here. Second, the environmental factors that are regarded in grneral as most influencial to the operation as well as the structure of local council include the inhabitants, the central government, the pressure groups, the public opinion and the political parties. In Korean case, however, the man in power and the central government appear predomirant. Thirdly, although there are not wide differences in struc?ural and operational aspects of local council between the universal model and the Korean one, the latter case is characterized by being uniformly controlled on most political purposes by the central government. Consequently, an ideal model of local council system should at least contain the tollowing considerations: First, the chairman of the local council should also hold the position of the head of government, assisted by and executive, appointed by the chairman, who assumes responsibility for the whole administration. Second, party nomination is totally restricted in an election to the local council and a league of all the local councils shoud be established solely to check the central government. Thirdly, The structure and the operation of the local council should be diversified to a full extent according to the specific localities, with possible elements of central uniformity eliminated. In addition, much emphasis should be placed on a pro?osistion that the development of Korean local council system can be accomplished not merely through organizational or procedural improvements, but by the continued institutionalization of the system as the fourth element on the basis of the division of national power.

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