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趙文富 제주대학교 1973 논문집 Vol.5 No.-
I. Definition of air pollution (1) Definition The term "Air pollution" is defined by WHO and Engineers Joint council, and defined some extent by Law on prevention of public Nuisances. By these, "Air pollution is said phenomenon to be the condition that in some area there are many on a unit capacity as the extent that dust, fume, gas, mist, offensive smell, etc., pollution material in air inflict an injury on man's health and sanitation, and man's fortune, animals and plants, and their raising circumstances having close connection with man's life. (2) History and cases (a) History of air pollution History of air pollution, naturally, sets about with discovering the fire. But After Industrial Revolution the rapid economic growth, the rapid growth of machine civilization and the rapid growth of heavy chemical industry achieved in recently years has resulted in the so called environmental pollution of air which has become a serious social problems today. (b) The cases of air pollution ① The London Smog of December, 1952 ② Air pollution in Donora, pa, 1948 ③ Air pollution in Meuse Valley of Belgium, 1930 ④ The others: Air pollution from Consolidated mining and Smelting Company of Canada, etc. II. Factors of Air Pollution and its effect (1) Factors of air pollution ?? gases ① SO₂: from fuel and harm from 10ppm ② CO : from incomplete combustion ③ CO₂: from population and factory ④ H₂S: from oil refining etc ⑤ NO₂: from combustion of fuel ⑥ Pb : from gases of vehicle exhaust ⑦ CH₄: from natural gases ⑧ Vehicle exhaust ?? Aerosol ① dust : from naturally or industrial activities ② fumes : from combustion etc ③ mist : from steam ④ smoke : from combustion or dry distillation (2) Effect of Air pollution (a) On harming body ① on unpleasant feeling ② on health (b) On animals and plants (c) Natural environment III. Present condition and the future prospect in Korea (1) present condition of air pollution in Korea Korea has been suffering from steady pollution along with the steady enforcement of industry as a first principle under a decisive economic policy since 1961. Eventhough the air pollution of Seoul has occupied the top rank in the world, the air pollution in Seoul has already reached the degree of 5 to 10 times over the W.H.O's Maximum Allowable Level, and at this juncture, the problem is too serious to be unconcerned, no comprehensive countermeasures have been made as yet due to deficit budget of the Ministry of Health and pollution continues. Therefore, it is felt absolutely necessary to contemplate a strong, yet immediate legal measures(control by public law) to prevent such air pollution. (2) The future prospect of air pollution in Korea when we presume the air pollution in Korea by the amount of consumption of fuel, the amount of exhaust of SO₂in 1981 will be reached 1,438,109 ton, NO₂, 1,299,600 ton, CO, 1,057,000 ton and CH₄360,100 ton. IV. The necessity of control by public law for air pollution (1) The limitation of judicial relief measures It is impossible to relief every damage by judicial measures, because of generalization of air pollution, because judicial measures have to need long time, and air pollution occures continuously and rapidly, because air pollution problem is complex and technical, and it needs expert and technical knowledge to inquiry the cases and effect of air pollution, and because judicial measures is impossible to prevent air pollution beforehand. (2) The necessity of control by administrative law for air pollution For air pollution, it is necessary to prevent beforehand, and to prevent beforehand air pollution it is more necessary to control by administrative law than by judicial measures. V. The measures by public law for air pollution (1) Legislation for air pollution in foreign countries (A) England ① Alkali etc, Works Regulation act, 1906 ② Public Health act, 1875, 1936, 1961 ③ Chean air act, 1863, 1956, 1968 (B) United States of America ① Air pollution control District-APCD ② The national Environmental policy act, 1969 ③ Chean air act Amendments, 1970 ④ Control of air pollution from Motor Vehicles control of air pollution from New Motor Vehicles and New Motor Vehicles Engines, 1966 (C) Westr Germany ① Gewerbeorhnung, 1869, 1961 ② BGB. § 906, 1966 ③ Luftreinhaltegesetz, 1960 ④ Gesetz uber Vorsorgemassnahme zur Luftreinhaltung, 1965 (D) France ① LOI du 19 decembre 1917 relative aux etablissements dangereux, insalubre ou incommodes ② LOI n˚61-842 du 2 aout 1961 relative a la lutte contre les pollutions atmospherique et les odeures et portant modification de la loi la decembre 1917 (E) Japan ① Basic Control act, 1667, 1970 ② Criminal nuisance punishment act, 1970 ③ Natural park act, 1957, 1962, 1970 ④ Pollution Control Expense Contribution Act, 1970 ⑤ Air pollution Act, 1968, 1970 ⑥ Road Traffic Act, 1960, 1970 (2) Air pollution control legislation in Korea ① Law on prevention of public nuisances. 1963, 1971 ?? Objectives ?? Exhaust Allowable Standard ?? Permission and Report of Exhaust Facilities ?? Preliminary Survey ?? ex post facto order (a) Improvement order (b) Transfer order (c) Injunction order ?? Pollution control organizations (a) State and local autonomous organs (b) Pollution Control Deliveration Council (c) Environmental Hygienic Inspector (d) Pollution controller ?? Punishment of pollution ?? Pollution disputes ② Other control under the particular laws ③ It needs to enact the particular law as clean air act VI. Future problems on air pollution control (1) The problem of all national Development plan (2) Bureaucratism and Production-prioritism (3) The problems of city plan (4) expersive problem
지방자치와 지방정부의 활성화에 관한 연구 - 제주도를 중심으로 -
조문부,고창훈,권영호,이경원 ( Moon Boo Cho,Chang Hoon Ko,Young Ho Kwon,Kyung Won Lee ) 한국지방자치학회 1995 한국지방자치학회보 Vol.7 No.2
The purpose of the paper is to find out some particular charteristics of Cheju-islander`s political orientation in comparision with those of other areas in Korea and provide some useful alternatives in order to vitalize local politics and autonomy. More specially we are concerned with developing some operational alternatives for local government following our findings for Cheju. The experience of last several years since the era of local autonomy system shows that even though people of Cheju are interested much in the local problems they do not know how to get involve. In many times it results in irrational response to the issues. Finally it leads to the emotional resistence based on private motives. Another consequence is appeared in people`s political attitudes. Cheju people have shown quite different pattern of voting in the last several elections. The preferences of non-partisan candidates are strong in comparison with other local areas in Korea. What we found are people vote strongly based on the personal relationship and historical experiences. The have very weak partisan ID. In addition the historical incidents like 4.3 uprising and large scale development sponsored by central government for that only Cheju people have experienced make the people stay away any ideological stand. But it is ironical that people do not satisfy with the activities of non-partisan encumbents. Probably it shows that the choice of their non-partisan candidates is not calculated. Based on the findings, we suggest the ways we can vitalize the local autonomy and government. One is behavioral change to accomodate new system. It is necessary to learn how to govern themselves including decision making. The other is more structural. At the level we focus why people have an apathy to current parth system. We claim the change in partisan decision making in that we can expect more local-based partisan system. Also, we suggest the structural changes in terms of functions and duties of local government. Finally it is necessary not only to strengthen the authority and activities of local council but to allow more political role and responsibility of elected mayor and governor.
趙文富 제주대학교 1988 논문집 Vol.27 No.1
If we compare the government budget making process of Korea with one of Japan, we discover there are some differences of political background, the policy dicision system and the budget making process of two countries. The main feature of the political background in Korea is presidential constitutional system because the powerful executive is needed for political stability and economic development and Japanese political feature is the parliamentary system obeying to G.H.Q. The policy decision system and the government budget making process in Korea is decided through the revision of the budget by the Budget Bureau of the Economic Planning Board influenced by policy-dicision making system and by the president. The policy-dicision making system and the government budget making process in Japan is to be decided through the revision of the budget by the Accountant Bureau of the Exchequer, and lastly to be decided through the mutual agreement among the Finance Ministry and three staffs of the government party. There are some differences between the government budget making process of two countries, one of them is appeared in the process of requisition of the budget bill by each government dePartment. In this process of Japan we read the budget officials of each department contact with interest groups, the government party and the opposition party, and find out there are some phenomena of political rationalism. But in Korea the department ministry mainly decide the substantional making for the department budget bill in centering around the bureau budget. The other is appeared in the revision process by the Accountant Bureau of the Exchequer. In this process of Japan the government budget is decided through the compromise between the Accountant Bureau of the Exchequer and the directors of each Department, among vice ministries and among ministries. The government budget bill is lastly decided through compromise among the ministry of the Exchequer three staffs of government party. But in this process of Korea the government budget bill is decided through the discretion of the officials of the Budget Bureau under the influence of the political power of the ministry of Economic Planning Board according to the direction of the president's policy. Because of the differences of the budget decision behavior as prior mentioned, in Japan the government has somebow settled the matter of the distribution policy, but has not yet settled the matter of the "red-ink" finance, on the other hand in Korea the government does not have the problem of the "red-ink" finance, but does the problem of the fair distribution policy. If we may say that the subject to solve the problem of deficit finance is the subject of economic rationalism, and the subject to distribute fairly the government budget is the subject of political rationalism, I think the political subject to study and push forward both in Korea and Japan is the policy for the harmony of political rationalism and economic rationalism.