미국에서의 장애인교육권보호법제에 관한 고찰

白鍾仁(Baek Jong-In) 한국비교공법학회 2007 공법학연구 Vol.8 No.3

지난 5월 ‘장애인 등에 대한 특수교육법’이 제정되었다. 헌법상 “인간으로서의 존엄성과 가치 및 행복추구권”, “인간답게 생활할 권리”와 평등권의 보장과 그 가치의 실현은 기본적으로 평등하게 교육을 받을 권리를 통하여 이루어진다. 이러한 의미에서 ‘장애인 등에 대한 특수교육법’의 제정은 우리 사회에서의 장애인교육인권 보장에 큰 의미를 갖는다. 그러나 동법의 규범적 의미와 내용에 대한 구체적인 학문적 논구는 아직 이루어지지 않은 상태이며, 또 시행령이 제정되지 않았기 때문에 동법이 구체적으로 어떻게 실현이 되어야 할 것인가에 대하여도 보다 많은 논의가 필요하다. 주지하듯이 우리나라에서의 장애인교육과 그에 대한 입법적 방향과 내용은 미국의 장애인교육법제도에서 많은 영향을 받았다. 따라서 동법의 규범적 의미와 내용의 이해와 구체적 시행상의 방향성 탐구에 있어 미국의 장애인교육법제에 대한 고찰은 의미가 크다 하겠다. 이에 본고에서는 미국의 장애인교육권보호법제에 대한 고찰을 하고자 한다. 미국의 장애인교육권보호에 관한 법적 근거로서 헌법적 근거와 장애인교육법에 관한 3체계라 할 수 있는 Section 504와 장애인법(ADA) 및 장애인교육법(IDEA)에 대한 고찰을 하고, 미국의 장애인교육에 관한 가장 기본적 법률인 IDEA의 주요 내용에 대한 검토를 통하여 새로이 제정된 ‘장애인 등에 대한 특수교육법’의 내용적 의미와 그 방향성에 대한 시사를 얻고자 한다. Our constitution recognizes unequivocally the right of people to dignity, to live in the community as a member, to exercise their legal capacity, and to ensure their full and equal enjoyment of the rights. These constitutional values are basically realized through the right of equal opportunity of education. It strengthens individual capacity and establishes the chance people to participate the community on an equal basis with others. The enactment of the Special Education for Persons with Disabilities Act has meaningful value in ensuring persons with disabilities access to an appropriate education and in improving educational results for them. However, since neither the academic study for normative concept and context nor any subsequent rule of this act is yet done, we need to discuss how this act should be worked for the persons with disabilities' best interest. Our education system for the handicapped and legislative direction thereof are strongly affected by U.S legal system on the education for the persons with disabilities. Therefore, study on the education policy for students with disabilities in U.S legal system is meaningful work for explicitly recognizing and understanding the purposes and contents of our Special Education Act. This paper examines several acts for the persons with disabilities in U.S. First of all, it provides a brief overview of constitutional basis of educational right of the persons with disabilities and focuses on three main legal grounds for validating the education for the them; Section 504, the ADA and the IDEA. Through this analysis, it proposes the contextual means and directions on newly enacted the Special Education for Persons with Disabilities.

미국 장애인교육법상 최소제한환경원칙에 관한 사법적 판단기준에 대한 고찰

백종인 ( Jong In Baek ) 대한교육법학회 2007 교육법학연구 Vol.19 No.1

It has been more than 10 years since inclusion was provided in our Special Education Promotion Law of 1994. Due to the lack of legal cases and academic materials available on the subject, we still do not have a definite understanding about what the right to inclusive educations is, or how the right should be applied to real educational settings. On the other hand, there are many legal cases on the principle of Least Restrictive Environment(LRE), the principle of inclusion, in Individual with Disability Education Act(IDEA) of the U. S. A. Therefore, we are able to get useful insights about the meaning of inclusive education and it`s application through the study on legal cases over the LRE in IDEA. This paper examines the judicial opinions on the LRE focused on the standards of the LRE decision established by the federal circuit courts in U. S. and additionally overviews the primary legal issues discussed in LRE court decisions through the LRE cases.

외국인근로자 정책 및 법제개선에 관한 연구 - 독일의 외국인근로자 법제를 중심으로 -

백종인 ( Jong In Baek ),설재영 ( Jae Young Seol ) 고려대학교 법학연구원 2007 고려법학 Vol.0 No.49

Korea is going to be faced with the aging society within years. That means our society will lack of economically active population because of an increase in the number of older people soon. The age composition of Korea is expected to move from one of mainly young people who can work to one in which the number of older people will outnumber the young. it is also expected that by 2050 the number of aged people will be doubled compared with the young. We can not help overcoming this problem through foreign workers. So Korea took "the foreign industrial trainee system" to accept the international movement of human capital and then has operated this system with changing into working permit system since August 2004. Germany had experienced the need of work force with the rapid economical renaissance and introduced the industrial trainee system to solve this problem in 1950`s. However, with the principle of circulated introduction of foreign workers in 1964, this system had no meaning of great importance anymore. In 1970`s, being abolished this system because of the increased cost for introducing new work forces, foreign workers could hold the permanent residentship legally possible for inviting their family members who lived their mother countries. Despite an action suspending the recruitment for unskilled foreign work force was operated in 1973, since then, the permanent residence system had been criticized. Through a series of policies for introducing the foreign workers, Germany became an immigrant country. Korea enacted the Act for Employment Foreign Workforce and operated the employment permit system in August 2004. However, this policy has many problems such as legal loopholes, lack of rationality of the act and mass-production of illegal sojourners. Therefore, this paper comparatively examines German statutes relating to the foreign workers and our employment permit system and seeks legal and political problems of our systems. And then, it suggests some practical ways to reform these problems.

병사의 진로발달프로그램 개발을 위한 요구조사

백종인(Jong-in Baek) 한남대학교 교육연구소 2016 교육연구 Vol.24 No.-

이 연구의 목적은 병사의 진로발달프로그램을 개발하기 위한 기초 자료를 수집하는 것이다. 이를 위해 설문조사가 허락된 육군, 해군, 공군, 해병대가 통합된 후방지역 비전투 부대 병사 150명을 대상으로 진로프로그램에 대한 인식 및 요구, 프로그램 참여에 대한 의견, 프로그램 운영 방법에 대하여 조사하였다. 연구결과를 정리하면, 첫째, 병사들은 진로관련 프로그램에 참여해본 경험이 부족하며, 기회가 주어지면 프로그램에 참여하기를 희망하고 있는 것으로 나타났다. 둘째, 병사들은 진로프로그램 참여나 진로교육이 필요하다고 인식하고 있으며 이에 대한 기대를 가지고 있는 것으로 나타났다. 셋째, 병사들은 진로발달을 위해 진로준비행동을 하고 있지만 그 수준은 낮으며, 진로준비행동을 하고 있더라도 무엇을 어떻게 왜 해야 하는지에 대한 인식이 부족한 상태로 막연한 활동을 하고 있어 이에 대한 지도가 필요한 실정이다. 넷째, 병사들은 진로준비행동의 하위영역별, 그리고 하위영역의 세부 내용별 중요성을 78.4% 이상으로 높게 보고하여 프로그램을 구성할 시에 모든 하위영역들을 균등하게 반영할 필요가 있음을 시사한다. 이상을 토대로 후속 연구에서는 연구의 대상을 전방부대 및 육군, 해군, 공군, 해병대별로 구분하여 요구도 조사를 실시함으로써 일반화 가능성을 높일 수 있으며 각 군별 요구도를 조사할 필요가 있다. 또한 프로그램 주제를 진로준비행동 이외 진로결정이나 진로변경, 진로자기효능감, 진로정체감 등 다양한 주제로 요구도를 조사할 필요가 있다는 점을 제언하였다. The purpose of this research is to collect basic data to design soldiers’ career development program. In this respect, targeting 150 soldiers who agreed to the survey of non-combat troops integrated the Army, Navy and Air Force, Marine Corps in rear area, their perception and demand about career program, their opinion about program participation, and the program operation method were investigated. As the results of the research, first, it was shown that soldiers had not enough experience to join in career-related programs and they wanted to join the program if chances are given. Second, it was disclosed that soldiers perceived that career program participation and career education are required and they had expectation for it. Third, there is only low level of career preparation behavior for soldiers’ career development and it is necessary to provide guide about lack of perception of what and how they have to do even when they are taking career preparation behavior in vague state. Fourth, as soldiers reported 78.4% of importance about lower areas of career preparation behavior, and importance about the subdomains of career preparation behavior by details, it was suggested that at the time of composing the program, all subdomains should be equally considered. From this research above, it is necessary to increase possibility of generalization by dividing survey targets to all troops of the navy, air force, and even the Marine Corps and performing demand surveys. In addition, it is suggested that as the program topics, various topics of demand surveys should be performed, such as career decision, career change, career self-efficiency, career self-esteem aside from career preparation behavior.

실험실규모 고온고압건식탈황공정의 수력학적 특성 및 탈황온도에 따른 아연계 탈황제의 반응특성 연구

경대현 ( Dae Hyun Kyung ),김재영 ( Jae Young Kim ),조성호 ( Sung Ho Jo ),박영철 ( Young Cheol Park ),문종호 ( Jong Ho Moon ),이창근 ( Chang Keun Yi ),백점인 ( Jeom In Baek ) 한국화학공학회 2012 Korean Chemical Engineering Research(HWAHAK KONGHA Vol.50 No.3

In this study, hydrodynamics such as solid circulation rate and voidage in the desulfurizer and the reaction characteristics of Zn-based solid sorbents were investigated using lab-scale high pressure and high temperature desulfurization process, The continuous HGD (Hot Gas Desulfurization) process consist of a fast fluidized bed type desulfurizer (6.2 m tall pipe of 0.015 m i.d), a bubbling fluidized bed type regenerator (1.6 m tall bed of 0.053 m i.d), a loop-seal and the pressure control valves. The solid circulation rate was measured by varying the slide-gate opening positions, the gas velocities and temperatures of the desulfurizer and the voidage in the desulfurizer was derived by the same way. At the same gas velocities and the same opening positions of the slide gate, the solid circulation rate, which was similar at the temperature of 300˚C and 550˚C, was low at those temperatures compared with a room temperature. The voidage in the desulfurizer showed a fast fluidized bed type when the opening positions of the slide gate were 10~20% while that showed a turbulent fluidized bed type when those of slide gate were 30~40%. The reaction characteristics of Zn-based solid sorbent were investigated by different desulfurization temperatures at 20 atm in the continuous operation. The H2S removal efficiency tended to decrease below the desulfurization temperature of 450˚C. Thus, the 10 hour continuous operation has been performed at the desulfurization temperature of 500˚C in order to maintain the high H2S removal efficiency. During 10 hour continuous operation, the H2S removal efficiency was above 99.99% because the H2S concentration after desulfurization was not detected at the inlet H2S concentration of 5,000 ppmv condition using UV analyzers (Radas2) and the detector tube (GASTEC) which lower detection limit is 1ppmv.

혁신 클러스터 구축을 위한 Space Syntax 기반 공간배치 개편방안 : 충북 혁신도시를 중심으로

백종인(Baek Jong In),정재호(Jung Jae Ho),반영운(Ban Yong Un) 한국지역개발학회 2011 한국지역개발학회 학술대회 Vol.2011 No.6

This study has intended to present an alternative plan of spatial layout to build and innovation city using space syntax in Chungbuk Innocity. To achieve this goal, this study has employed space syntax to analyze the characteristics of spatial layout before evaluating the possibilities to build an innovation duster in this site. The brief results of this study are as follows. At present, transfer public administrations do not have any collaboration with an industry, academy, and research institute. As they will move to this city, it has very low possibilities of joint transfer, collaboration and win-win development. Thus, it is necessary to construct an innovation cluster based on regional industry to success of Chungbuk Innocity. To effectively do this, effective agglomeration was necessary at the first step. As a result, alternative plan is as follows. Because a center district of innovation has high integration value and represents high grade of rank in hierarchy, public administration zone is going to be changed into the zone of commerce and business for reinforcement of the given function. It is required to agglomerate cluster zones nearby the industrial zone to make a foundation of innovative cluster zone. Public administrations concentrate to close district of public administration zone focused on education and training. Residential zone with relatively low integration value has been located in a hospital and educational zone.

경찰권 발동의 근거로서 개괄적 수권조항에 관한 검토

백종인(Baek, Jong-In),유종민(Yoo, Jong-Min) 전북대학교 법학연구소 2012 법학연구 Vol.36 No.-

One of the objectives of the constitution in a democratic state is the protection of the dignity, value, and basic rights of human beings. Policing or preventing risks to the citizens’lives and properties is the state’ duty under the constitution, and therefore, the utmost obligation of the police is to protect the individuals’lives, bodies, freedoms, and properties. Preventing risks to the citizens’lives and properties is the state’ duty as well as a basic function that a democratic state cannot give up, and the policing system is the most basic and essential function of the state and the inevitable system for maintaining law and order to fortify the state, for without maintaining the public’ well-being and order, the existence of the state and the nation’ life can be put in danger. Therefore, the police should strive to ensure the public’ well-being and to prevent any risk to peace and order in the society. The police’ administrative function for ensuring the public’ well-being and for maintaining order should be based on and executed according to the constitution and the law. In other words, the constitution and the law are the bases not only of the policing right but also of the policing limitations. Therefore, the base and limitation of exercising the police authorities are under the constitution and the law. Accordingly, policing today tends to expand its role and functions both socially and systematically, surpassing the interpretation of the traditional concept of policing. So organizing the law that is based on police activities is required. While policing is based on various laws, it is difficult to completely and systematically cover the complex and various related realities. This notwithstanding, or while it is difficult to clearly define the duty of policing through the related laws, continuous efforts should be made in this regard because only after the role of the police officers is clearly defined can the corresponding duties of the police be explained, and if the police officers violate such duties, the corresponding responsibilities can be discussed. Therefore, this thesis aims to examine the general authorized provisions as the basis of exercising the police authorities. In particular, it discusses the law on the execution of the police officers’duty, which stipulates the concrete conditions for policing and the cases in which the public’ basic freedoms and rights can be restricted.

비디오 흉강경을 이용한 자연기흉의 수술치료

백만종,이승렬,선경,김광택,이인성,김형묵,Baek, Man-Jong,Lee, Seung-Yeoul,Sun, Kyung,Kim, Kwang-Taik,Lee, In-Sung,Kim, Hyoung-Mook 대한흉부심장혈관외과학회 1993 Journal of Chest Surgery Vol.26 No.2

30 patients with spontaneous pneumothorax underwent videothoracoscopic treatment between March and July 1992. The patients ranged in age from 16 years to 62 years (mean age, 30.4 years) and the incidence according to age group was highest as 50 % in the adolescence between 21 and 30 years old. The indications of the therapeutic videothoracoscopy for spontaneous pneumothorax were recurrence (30.8%), persistent air leak (30.8%), visible blebs on the chest X-ray (20.4%), tension pneumothorax (15.4%), and bilaterality (2.6%). Intraoperative scopic findings were as follows; blebs (87.1%), pleural adhesion (45.2%), and pleural effusion (22.6%). The operation was performed under general anesthesia with one lung intubation guided by flexible fiberoptic bronchoscopy. Procedures included bleb and/or wedge resection, tetracycline pleurodesis with mechanical abrasion, and parietal pleurectomy. Successful treatment was obtained in 66.7% (20/30) and the mean postoperative hospital stay of the successful cases was 5 days. Videothoracoscopy also provided the benefits of lesser postoperative pain, rapid recovery, short hospitalization, and smaller scar of wound by reduced trauma on access. The total 13 postoperative complications were occured in 10 patients, which showed somewhat higher rate than that of other reports because of lack of experiences in the earlier period, however, it had decreased progressively as experiences were accumulated and instruments were improved in the later period. The operative mortality was absent. Conclusively, videothoracoscopy is a new interesting modality of surgical treatment of spontaneous pneumothorax and also can be extensively applicable in the diagnosis and treatment of other thoracic surgery.

$PEO-SO_3$를 이용한 항석회화 조직첨포의 개발 (I) - 잡견을 이용한 대동맥과 폐동맥 이식 실험연구 -

김형묵,백만종,선경,김광택,이인성,김학제,이원규,박기동,Kim, Hyoung-Mook,Baek, Man-Jong,Sun, Kyung,Kim, Kwang-Taik,Lee, In-Sung,Kim, Hark-Jei,Lee, Won-Kyu,Park, Ki-Dong 대한흉부심장혈관외과학회 1998 Journal of Chest Surgery Vol.31 No.10

Background: Calcific degeneration is unavoidable in either homo- or heterografts implanted in the human body. We have developed a calcification-resistant cardiovascular tissue patch using a novel technique of anticalcification. Materials and methods: Fresh bovine pericardium was harvested at the slaughter house and transfered to the laboratory in Hank's solution. After trimming and fixing the pericardium, it was embedded in 4$^{\circ}C$ 0.65% glutaraldehyde for a week and then washed by phosphate-buffered saline(PBS) of pH 7.4. This prepared pericardium was then stored in 2.5% sulphonated polyethyleneoxide(PEO-SO3) solution for 2 days at room temperature and reversed by 4$^{\circ}C$ NaBH4 solution for 16 hours. To evaluate the calcification-resistance of surface modified bovine pericardium with PEO-SO3, either glutaraldehyde- treated(GA group, n=4) or PEO-SO3-treated pericardial patch(PEO-SO3 group, n=4) was implanted into adult mongrel dog to reconstruct the main pulmonary artery and the descending aorta using a partial clamp technique. After 1 month follow-up, the implanted patches were retrieved to evaluate the pathologic findings and the content of calcium and phosphorous. Results: The PEO-SO3 group showed substantially less retraction and significantly less calcium deposition than the GA group in both aortic(7.10$\pm$1.05 vs. 13.81$\pm$2.33 mg/g of dried tissue) and pulmonary positions(1.55$\pm$0.29 vs. 6.72$\pm$0.70 mg/g)(p<0.01). Phosphorous contents were also less in the PEO-SO3 group than the GA group significantly, 8.11$\pm$1.07 mg/g vs. 19.33$\pm$4.31 mg/g in the aortic and 2.58$\pm$0.40 vs. 12.60$\pm$3.40 mg/g in thepulmonary position(p<0.01). Conclusions: These findings suggest that PEO-SO3 modified bovine pericardium is highly calcification-resistant but further study is needed to evaluate the long-term biological safety and compatibility of the prosthesis.

Pet Ownership Increases the Exhaled Nitric Oxide and Asthma Severity in Children With Atopic Asthma

Song Kun-Baek,Kim Jeong-Hoon,Choi Eom Ji,Lee Seung Won,Kim Jin Tack,Lim Dae Hyun,김우경,송대진,Yoo Young,Suh Dong In,백혜성,Shin Meeyong,Kwon Ji-Won,Jang Gwang Cheon,Yang Hyeon-Jong,Lee Eun,Kim Hwan Soo,서주희,Wo 대한천식알레르기학회 2025 Allergy, Asthma & Immunology Research Vol.17 No.3

Exposure to pets can trigger symptoms in asthmatic children sensitized to pets. However, little is known about the association between pet ownership and asthma morbidity in children who are not sensitized to pets. We aimed to investigate the effect of pets on lung function, airway inflammation, and morbidity in children with asthma, and to determine whether the effect of exposure to pets vary based on pet sensitization status. A total of 975 asthmatic children, aged 5–15 years, were enrolled in the Korean Childhood Asthma Study. Pet ownership and asthma morbidity were evaluated by questionnaires or pediatrician evaluations. Pulmonary function, fractional exhaled nitric oxide (FeNO), and atopic status were assessed. FeNO levels were significantly higher in children with pets than in those without pets. Pet ownership significantly increased FeNO levels in atopic asthmatic children, irrespective of pet sensitization status. In children sensitized to pets, the geometric mean was 46.6 (range of 1 standard deviation, 26.9–81.5) for those with pets vs. 27.2 (13.8–53.6) for those without pets (P < 0.001). In children without sensitization to pets, the geometric mean was 37.3 (15.0–53.6) for pet owners vs. 25.2 (12.9–49.2) for non-owners (P = 0.014). The multiple regression analysis also revealed that pet ownership was significantly associated with increased FeNO levels and asthma severity in atopic asthmatic children. Pet ownership increased the FeNO levels and asthma severity, regardless of pet sensitization status, in children with atopic asthma. Exposure to pets could increase airway inflammation and disease severity even in atopic asthmatic children who are not sensitized to pets.