사전규제의 폐지 및 사후규제로의 전환 법리 연구

최철호 청주대학교사회과학연구소 2018 한국사회과학연구 Vol.40 No.1

Currently, the National Assembly has submitted laws such as the Regulation Sandbox Act, which is a set of regulations reform bills, but it has not yet been passed. Moon Jae-in, the president 'Regulatory reform meeting' Regulatory Reform, chaired by the policy of the enhanced through efficient, but the quality enhancement, etc in the regulations and to empower.Major national goals by pushing ahead with the regulatory reforms and a practical agenda. If the first stage of regulation reform, which has been focused on the number of regulatory reforms in Korea for nearly a year since March 2014, has focused on quantitative reform, the recent second stage of regulation reform will have great impact. The existing regulatory reform was to keep the regulations centered on entry regulations, change the licensing rights from strong regulations to weak reporting, or simplify the legal requirements and procedures of regulations. However, the government is allowed to change the licensing system to a report system, or to mitigate regulations that simplify the legal requirements and procedures of regulations, to be regulated by the administrative authorities before starting or operating the business. Therefore, the government should not be regulated in advance in order to guarantee the freedom of business, which is guaranteed as the fundamental right of the Constitution by allowing venture start-ups and businesses to be started up freely. In the course of such free operation, the government changed the method of administrative fines that served as an entry barrier to business, and the free operation of the people without prior regulation. 현재 국회에는 규제개혁을 위한 법률안들인 규제샌드박스법률안 등이 제출되어 있으나 아 직 통과가 되지 않은 상태이다. 문재인 대통령은 '규제혁신회의'를 직접 주재하면서 규제개혁 의 정책 체감도를 높여나가는데 역량을 강화하기로 하고 규제품질의 선진화 등의 실천의제를 선정하여 규제개혁을 주요 국정과제로 하여 추진하고 있다. 2014년 3월부터 1년 여간 추진해온 1단계 규제개혁이 전체적인 규제개혁의 숫자에 중심 을 두는 '양적 개혁'에 초점을 맞췄다면 최근의 2단계 규제개혁은 파급력이 큰 규제 혁파에 중심을 두는 '질적 개혁'에 규제개혁의 중심을 두고 있는 것이 특징이다. 기존의 규제개혁은 진입규제를 중심으로 하는 규제 자체는 존치시킨 상태에서 강한 규제 인 인·허가를 약한 규제인 신고제로 변경하거나, 규제의 법정 요건이나 절차를 간소화하는데 그치는 규제완화가 주된 것이었다는 한계가 있었다. 그런데 인허가제를 신고제로 변경한다든가 규제의 법정 요건이나 절차를 간소화하는 규제 완화는 여전히 창업이나 영업을 하기 전에 사전에 행정당국에 의해 규제를 받도록 하고 있기 때문에 일종의 진입장벽으로 기능할 여지가 있어서 자유롭게 창업이나 영업을 하는데 장애로 작용하고 있다. 따라서 스타트 업 등 벤처 창업이나 영업을 자유롭게 할 수 있도록 하여 헌 법에서 기본권으로 보장하고 있는 영업의 자유를 보장하기 위해서는 사전에 행정당국으로부 터 규제를 받지 않게 하는 것이 중요하다. 이처럼 창업이나 영업을 하는데 진입장벽 수단으로 기능하고 있는 사전규제방식을 전환하 여 사전에 규제를 하지 않는 자유영업을 원칙으로 하면서, 이러한 자유 영업을 하는 과정에 서 국민이나 경제에 유해한 결과를 발생시키면 그 때에 과태료, 과징금, 영업정지 등의 행정 적 제재를 가하는 사후규제방식으로 전환하는 것이 중요하다.

雇傭關係에서의 男女平等

金哲子 仁川敎育大學校 1984 論文集 Vol.18 No.2

Ball Mill분쇄에 의한 규사의 미분성분 생성과정

沈哲鎬 尙志大學校 1997 論文集 Vol.18 No.-

소형 ball mill을 사용하여 국신규사를 건식분쇄할 때 여러 가지 조작변수들이 미분쇄에 미치는 영향을 규명하고, 분쇄생성물의 입도분포 및 분쇄속도에 관해 고찰하였다. Mill의 회전수는 임계회전수의 약60%부근에서, ball의 직경은 15mm일 때, ball의 충전율은 약 0.45 부근에서, 시료충전율 Roisn-Rammler 입도분포식을, 분쇄생성물의 분쇄속도에 관해서는 Alyavdin-Chujyo분쇄속도식을 넓은 입도범위 및 넓은 분쇄시간범위에 걸쳐서 적용할 수 있었다. Dry grinding of quartz sand was accomplished using a laboratory ball mill. The experiments were made to observe the effects of grinding variables on particle size reduction of the products. Particle size distribution and grinding rate were also correlate with size reduction. The results suggest that the most effective grinding of quartz sand can be achieved at about the 45% ball charge ratio with 15mm balls by the 60%~100% interstitial filling ratio of the sample in the void of balls at the 60%~100% interstitial filling ratio of the sample in the void of balls at the 60% critical mill speed. Rosin-Rammler's formula and Alyavdin-Chujyo's formula can represent the results by ball milling with extensive particle size distribution and grinding time.

건식마광에 의한 규사미분체 생성과정에 관한 연구(Ⅱ)

심철호 尙志大學校 1998 論文集 Vol.19 No.-

Ball mill을 사용하여 국산규사를 건식분쇄할 때 여러 가지 변수들, 즉, mill의 회전수, 분쇄매체의 직경, 분쇄매체의 충전율, 시료의 충전율 등이 분쇄생성물의 입도에 미치는 영향을 규명하고, 최적조건하에서 장시간 분쇄시 분쇄생성물의 분쇄속도에 관한 고찰을 행하였다. Mill의 회전수는 임계회전수의 60%~75% 부근에서, ball의 직경은 15mm일 때, ball의 충전율은 약 0.45부근에서, 시료충전율 U는 0.6~0.8범위에서 분쇄효과가 가장 양호하였다. 또한, 분쇄생성물의 분쇄속도에 관해서는 넓은 입도범위 및 넓은 분쇄시간범위에 걸쳐서 Alyavdin-Chujyo 분쇄속도식을 적용할 수 있었다. The dry grinding of quartz sand was accomplished using a ball mill. The experiments were made to observe the effects of variables as ball size, ball charge ratio fo the cell, interstitial filling ratio of the sample in the void of balls, and mill speeds on particle size reduction of the products. Grinding time was also correlated with size reduction to examine rate. The results suggest that the most effective grinding of quartz sand can be achieved at about the 45% ball charge ratio with 15mm balls by the 60%~80% interstitial filling ratio of the sample in the void of balls at the 60%~75% critical mill speed Alyavdin-Chufyo's formula can represent the results by ball milling with extensive particle size distribution and grinding time.

제 2형 당뇨병 환자에서 대사증후군의 유병률 및 관련요인의 특징

박철진,박거운,박일구,신지혜,김진화,배학연,김상용 朝鮮大學校 附設 醫學硏究所 2007 The Medical Journal of Chosun University Vol.32 No.3

Background: People with insulin resistance has a higher risk of developing cardiovascular disease. This leads to the importance in diagnosing metabolic syndrome. The incidence of metabolic syndrome has increased significantly in korea because of an increased population of obese people and also the incidence of DM. There have been many studies done on the incidence of metabolic syndrome in the general population. Therefore, the authors have designed this study to identify the incidence of metabolic syndrome in patients with type 2 DM and also the associated characteristics in that population. Methods: The study included 169 adults over the age of 20 (84 males and 85 females) admitted to the endocrinology department of Chosun University between Jan, 1st 2005 and May, 31st 2006. Out of the people diagnosed with type 2 DM people were excluded when any of the physical measurements (height, weight, blood pressure, abdominal circumference) and blood measurements (TG, HDL-cholesterol, fasting blood sugar) were insufficient and when the patient was taking any drugs other than anti-hy-pertensive agents and oral anti-diabetic agents. Obesity and the other risk factors were defined by the Asian-Pacific guideline and 2001 ATP III of NCEP, respectively. Result: The each prevalence according to the metabolic syndrome criteria of the type 2 DM patients showed low HDL cholesterolemia with the highest incidence of 57.4% followed by hypertng1yceridemia(52.0%), obesity(40.9%) and hypertension(33.0%). The each incidence of diagnostic criteria in metabolic syndrome according to sex was different, In males, hypertriglyceridemia was the highest with the incidence of 57.7% followed by low HDL-cho1estero1emia(49.5%), obesity(40.9%) and hypertension (30.0%). In women, the incidence were low HDL-cho1estero1emia(64.8%), hyperthg1yceridemia(47.6%), obesity(45.0%) and hypertension(36.0%), in a descending order. The analysis between the diagnosis of metabolic syndrome in type 2 DM patients and the criteria showed that hyperthglyceridemia (correlative value 0.575) had the highest correlation followed by low HDL-cholesterolemia (correlative value 0.446), obesity (correlative value 0.350) and hypertension (correlative value 0.410). All the correlations were statistically significant with a p-value less than 0.01. Conclusions: Type 2 DM is a important factor of metabolic syndrome based on insulin resistance. The control of blood glucose with prevention and early diagnosis of the other factors related to metabolic syndrome in type 2 DM is important for preventing cardiovascular complications.

濟州道 中高等學生들의 체力에 關한 硏究 : Ⅰ. 체格과 身體機能間의 相關關係 Ⅰ. Correlation between Physique and Physical Fitness

金鐵元 제주대학교 1973 논문집 Vol.5 No.-

The present study was undertaken to investigate the development of physique and physical fitness of middle and high school students in Jeju Do. The students were selected 825 boys from each 9 in middle and high schools and 290 girls from each 3 in middle and high schools. Their ages were from 12 to 17 years old. The results obtained were as follows: 1. Physique 1) The body height of 17 aged-boys and-girls was 164.7cm and 156.6cm respectively and the height of both sexes was smaller than the standard of the whole country. The growth curves in both sexes sloped remarkably upward at the age between 12 and 14, but these periods appeared to be fallen behind 1 year than of the whole country. 2) The body weight of 17 years old was 54.5kg in boys and 52.2kg in girls. Especially the boy's weight was not reached to the standard weight of the whole country. The age of maximum increase in the weight of both sexes in their school life was almost the same as that of the body height. The weight of the boys from the age of 15 showed a ascending tendency than that of the girls. 3) The chest girth of the age 17 was 84.7cm in boys and 82.0cm in girls. The changes of the chest girth throughout their school life in both sexes showed a great deal of increase between 12 and 14 years old. 4) The sitting height of the age of 17 was 89.8cm in similar to the standard of the whole country, but the ratio of the sitting height against body height in 16 and 17 years of age was significantly higher than that of the whole country in the same years. 2. Physical fitness 1) The speed and power at 17 years old in boys showed almost the same as that of the whoel country, but the gradual increase of speed and power during rapid growth period of physique was inferior to that of the standard in Korea. Especially in girls, the speed and power at 12~13 years of age was the most strongest in other ages and these were dropped after 13 years of age, even though their ability of distance run was superior to that of the standard in Korea throughout all ages. 2) The endurance in both sexes was relatively superior to that of the whole country and other provinces in all ages. 3) The agility of boys was linearly increased with ages, while that of girls showed a decreaing tendency from 12 years of age. 4) The flexibility of both sexes was superior to the standard of the whole country and that of grils in all ages was more flexible than that of boys. 3. Relationship between physique and final class of physical fitness The final class of physical fitness based on high level (upper 20%) in height, weight, and chest girth was high in cases of large chest girth in boys, on the other hand the girls belonged to high class in cases of tall body height. 4. Correlation between physique and physical fitness 1) Between body height and physical fitness, the items for speed and power had the significant correlations in boys, but there were almost no correlations between them in girls. The items for endurance were negative correlations between them in boys, but there were no correlations in girls and the items for agility and flexibility there were lower correlations between them in both sexes. 2) The body weight in boys showed the significant correlations with items for speed and power, but only with 100m run in girls. There were correlations in endurance and agility in both sexes, and there were no correlations in flexibility. 3) The items for speed, power, and endurance had positive correlations with chest girth in boys, but there were no or a little correlations with chest girth in endurance, agility, and flexibility of girls. 4) The speed, power, endurance, agility, and flexibility in boys showed correlations with sitting height, while the whole physical fitness in girls had no or a little correlations with them.

개시제 및 촉진제가 EPS 혼입 폴리메타크릴산메틸 모르타르의 사용가능시간 및 강도특성에 미치는 효과

이철웅,최낙운,소양섭 대한건축학회 2004 대한건축학회 학술발표대회 논문집 - 계획계/구조계 Vol.24 No.1(구조계)

The purpose of this study is to investigate the working life control of polymethyl methacrylate(PMMA} mortars with EPS using initiator-promoter system PMMA mortars are prepared with various initiator contents and promoter-initiator ratios, and tested for working life, flexural and compressive strengths. As a result, the working life of the PMMA mortars is shortened with increasing initiator content and promoter-initiator ratio. Their flexural and compressive strengths are decreased with an increase in the initiator content while their strengths are scarcely affected by promoter-initiator ratio. In general, the flexural and compressive strengths of heat-cured PMMA mortars are much higher than those of dry-cured PMMA mortars. In conclusion, the initiator content and promoter-initiator ratio of PMMA mortars with EPS should be adjusted relatively to the balance of their strength development.

英國에서의 離婚訴訟과 관련된 法院의 經濟扶助命令

金哲子 仁川敎育大學校 1994 論文集 Vol.28 No.1

Under Matrimonial Causes Act, 1973, ancillary relief in connection with divorce proceedings are maintenance pending suit, financial provision orders, property adjustment, and orders for sale of property. In contrast to the lack of guidance in relation to maintenance pending suit, there are complex provisions which the court must follow in exercising its powers to make other orders. The scheme of the legislation is, in outline, as follows : (a) It is the duty of the court in deciding whether to exercise its powers and, if so, in what manner to have regard to all the circumtances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of 18 : MCA 1973,s.25(1) (b) As regards the exercise of the powers to make financial provision orders, property adjustment orders, or orders for the sale of property in relation to a party to the marriage it is provided that the court shall 'in particular have regard to' certain specified matters : s. 25(2) (c) The Act also directs the court 'in particular' to have regard to certain specified matters as regards the exercise of its powers to make such orders in relation to a child of the family : s. 25 (3),(4). (d) Finally, the Act contains a number of provisions designed to direct the court's attention to the principle of self-sufficiency, and to facilitate, in appropriate cases the making of a 'clean break' between the parties to the marriage : s. 25A.

친기스 아이트마토프와 발렌틴 라스푸틴의 두 갈래 길

권철근 서울대학교러시아연구소 1992 러시아연구 Vol.2 No.-

The two prominent Soviet writers, Chingiz Aitmatov and Valentin Rasputin, share a good deal of similarity, despite of their difference in the ethnic origin. This may be because they were born in the Eastern part of the former Soviet Union, Kirghiz republic and Irtutsk in Siberia. But in spite of their external similarity, they show us a big artistic difference in the world of their works. This fact may expose us the two different paths which the former Soviet writers may have taken under the dominance of Socialist Realism. At the center of their art, the two writers place man and his relationship to his fellow man, to society, and to nature. But their problems and conflicts are of a universal nature and transcend the narrow confines of the remote countryside. Valentin Rasputin continuously pays attention to the same topic, the problem of provincial society and people under change. Aitmatov also treats the same problem, but his description of the village under change is greatly different from that of Rasputin, who is always in the stream of village prose. Unlike Rasputin, Aitmatov is never considered as a village prose writer, because the evolution of his creative mastery reaches to the Cosmos, to the Bible. Among the many examples which show the difference of the two writers, the themes of women, children, and folklore are prominent. At the center of Aitmatov's early stories, up to "Proshchai, Gul'sary!", there are always women, such as Dzhamilia, Asel', Altynai. There is much in common between the fate of the women protagonists in Aitmatov's early prose. Most of them break with tradition and with the established pattern of life of the Kirghiz village woman. Their actions express the eternal striving for personal freedom and the desire for happiness, but most fail to achieve the desired contentment and tranquility. Therefore, the theme of the women in the early prose writings is concluded as the tragedy of women in the patriarchal society. The women in Rasputin's writings are tragic, too. The major protagonists in all the stories are simple peasant women except Nastena. Since Rasputin values most in Russian women her goodness, tranquility, conscientiousness, and the feeling of an involuntary responsibility and guilt for all and everything that happens in this world, Rasputin's women are good, devoted, selfless, and ready for self-sacrifice. The roles played by the children in the works of Aitmatov are played by the old women in the works of Rasputin. Both Children and old women observe reality and tell us about their impressions. In the world of the two writers the ethical values professed by the society are measured in relation to its attitude to the young and the old. Evil and corruption, existing in the society, are juxtaposed with the naive faith in goodness and pureness experienced by the children and in the personal experience of the life passed through by the old. Thus, both the children and the old women become an index of value judgement for the society they belong. The elements of folklore are various. Among the many folkloric elements, Rasputin adopts the animistic belief, such as Master, while Aitmatov uses totemistic belief, such as Deer mother Maral, Great Fish Woman. The study of the two belief systems shows us that totemism in nature is colorful and grand, while animism pale, submissive, and potential. This also shows the different nature between them. Aitmatov's view on the development of Soviet literature and the arts reflect very much the official position in the realm of artistic evolution. But Rasputin encountered rather severe critical reception for the world of Matera. The comparison of the two writers quite clearly shows us their difference in the nature of their writings.

개흉수술 후에 재발된 월경성 기흉

이철세 순천향의학연구소;Soonchunhyang Medical Research Institute 2004 Journal of Soonchunhyang Medical Science Vol.10 No.2

A 21 years old female was admitted our hospital due to repeated pneumothorax. Pneumothrax episode was related to the menstruaction. We diagnosed her case as catamenial pneumothorax. Bullectomy and pleurodesis were done without hormonal therapy. But 2 years later, pneumothorax recurred on same side of the chest. Open thoracotomy was done. And careful searching for endometriotic lesion on pleura and diaphragm was performed but no evidence was obtained. Machanical and chemical pleurodesis were applied, The patient was discharged uneventfully. The patient was taking oral contraceptive medication. OPD follow-up was done without recurrence up to now.