環境權에 관한 硏究 : 公法上의 法理와 救濟를 中心으로

金英勳 서경대학교 1982 論文集 Vol.10 No.-

Chapter 1 : Introduction 1) Nowadays the problem of pollution has become very serious throughout the world. The phenomena of pollution are a massive and collective trespass that resulting from a rapid change of the structure of industry and consumption, which the Civil Law could not even imagin at the start of its formation. Therefore, the phenomena include too many incompatible factors for the traditional theories of tout on neighborhood law which are actually based on individualism and liberalism. The study on the theories of traditional private law intended to better environmental circumstances is essential so that new thoeries can be established, tackling the problem of pollution by civil procedure. 2) In this dissertation the theories of civil remedy are treated chiefly from a judicial point of view, keeping away from a political and ideological standpoint. But the social relations forming the background of pollution are handled only when they are necessary for the persuasion to the newly shaped theories of pollution. The study puts greater emphasis on the general study of the legal theories about administrative litigation, to make clear the whole aspect of order of the environmental law. However, greater emphasis is also placed on the comparative study of the legal systems of Britain, Germany, Japan, ect. on the judicial theory of environmental right which will constitute the core of order of the environmental law, and on the theories of administrative litigation as well. Chapter 2: Environmental Pollution and It's Effects The phenomena of the pollution is the contradiction of human civilization that has emerged concentrically and explosively as well as the reflective result of careless and arrogant destruction or pollution of natural environment by human beings. Today pollution has been so aggravated in quality that we can no longer expect to recover the original state of nature through self-purification of the ecological circulation. Pollution has become the trespass to individual health and environment, as well as menace to the existence and culture of human beings. Now the problems of pollution are the common phenomena not only to such industrialized nations as America, Germany, Japan, Englandbut also to the whole world including developing countries. The problems of pollution have come to be treated on a global scale from the view-point of pollution of the international rivers and oceans and influence on the prices caused by the cost of anti-pollution. The present state of pollution in Korea has begun to show its seriousness partly in the course of the rapid development of industry, and the colossal suite against pollution are carried out in our courts. It seems to be urgent to find out and establish new legal theories to solve the problems of pollution, regardless of the traditional legal theories. Chapter 3 : The Legal Theories of Environmental Right Environmental right means the fundamental right to live which enables one to enjoy a healthy and pleasant environment. The judicial theory of environmental right is based on the thought that environment belongs to every person. The environmental right regards the materials of environment as common property belonging to every utilizer, regardless of whether one has the right to utilize the real property or not, and it aims at effective civil remedy by the theory of real and personal right. The environmental right has broader extent than property right or personal right though it includes them in the concept, and it gives more adequate remedy to the sufferers of pollution also offering the idea of the countermeasure to the pollution. The environmental right is stipulated directly in our Constitution. Chapter 4 : Environmental Pollution and It's Control The concentration of population in large cities, which occurred during the rapid economic growth process, was a truly remarkable phenomenon. Yet the excessive concentration of population and industry in urban areas has caused housing shortage, traffic coagestion, pollution, reduction of greenery, an inclination toward disaster, and other problems brought on by urban overcrowding. In the future, it will be necessary to maintain urban environments in such a way that they become safe, comfortable, and superior places for human inhabitation, as well as to consolidate those conditions which will give maximum play to the functions of appropriate central administration, culture, and the like. To this end, it is essential that any further increases in population and industry in these areas be restricted from now on while revitalizing the economic and cultural activities in other areas and promoting balanced national development. The author concludes that in order to realize the balanced and total living environment, the establishment of a fundamental legal basis which will provide the basic environmental policy under which appropriate land-use control schemes for environmental proetection be implemented duly. Chapter 5 : Environmental Pollution and It's Remedies Environmental litigation, in a strict sense, differs from air, water pollution cases. The latters focus is narrow ; they are proprietary lawsuits, brought by injured persons on their own behalf and protect their own economic interests. Environmental lawsuits, on the other hand, involve the presentation of broader issues beyond the cope of property rights and personal injury. They are brought, in large measure, to realize something more then narrow, immediate, economic ends-the preservation of natural resources, scenic beauty, pure air and water. They are distinctly proprietary, often initiated by persons whose only interest is a clean and pleasant environment. However, it is a general trend to use the terms of proprietary lawsuits and environmental lawsults without distinction between them. The expected surge of environmental litigation calls for the development of our substantive and procedural law. Much of that law was made during the prime of the old proprietary law suit, which it suited well enough ; it fits poorly, however, the frame of the new law suit, because the conventional doctrines of procedural law formed at a time when natural resources seemed inexhaustible and mathematic to be helpful guides to the solution of many contemporary problems. Much of it reflects outmoded policy. As a result, there has been a call to establish judicial procedures so that the individual right not only to proprietary right but also to a productive and high-quality environment can be assured. Chapter 6 : Conclusion Legal admission of the environmental right to the current legal system grants vast effects in connection with the government's attitude toward pollution control legislation and to the fields of private law and public law. As to the government's policy on the prevention and control of pollution, the government,s attitudes toward pollution control are changed to the positive and comprehensive ones ; the principle of polluter payment for pollution control costs is accepted and there can be a basis for legislation of the right to commence a citizen suit to request the prevention and control of pollution against enterprises and administrative agencies. On the other hand, the reflective interest theory in the litigations against public decision makers can be overruled.

점용접부의 피로강도 평가에 관한 연구

鄭鎭成,金英勳,李龍福,朴永勤 弘益大學校 科學技術硏究所 1997 科學技術硏究論文集 Vol.8 No.-

Spot welding has been used in the sheet metal joining processes because of its high productivity and convenience. In this study, effects of welding conditions on the fatigue life of spot welded joint and prediction of its fatigue life based on fracture mechanics theory of spot welded joint have been investigated. Fatigue tests were conducted with the tensile-shear specimens using cold rolled steel sheets. Fatigue life of spot welded joint was predicted and compared with experimental results. The experimental results are summarized as follows : 1. The static strength increased due to the increase in welding current, but the fatigue strength decreased while welding current being excessively increased. Therefore, the fatigue strength of spot weld was not proportional to the static strength. 2. Fatigue life of spot welded joint cannot be predicted accurately using the prediction methods proposed by Pook nor Findley. Therefore, it is necessary to consider stress index parameter method proposed by Kurath. 3. It is found that FEM analysis is powerful approach to evaluate the fatigue life of tensile shear spot welded joints with different geometry.

保存血의 腐敗産物에 依한 에틸알콜 生成濃度에 關한 硏究(Ⅱ)

張成吉,金英雲,柳在薰,權五星,朴世延 內務部 國立科學搜査硏究所 2002 國立 科學 搜査 硏究所 年報 Vol.34 No.-

Systolic Array를 이용한 2차원 CMT

朴敏植,金英百,郭勳星 전북대학교 전자산업개발연구소 1990 전자산업연구 Vol.1 No.-

This paper proposes systolic array for 2-D C-Matrix Transtorm(CMT). Compared the conventional method with the proposed 2-D CMT without matrix transpolsition, it is required the more PE's, but the less latency. Also, it is shown that the systolic array VLSI implementation for 2-D CMT is feasible.

生體血의 保存環境과 腐敗産物에 依한 血中알콜濃度變化에 關한 硏究

張成吉,金英雲,柳在薰,吳世珍,權五星,朴世延 內務部 國立科學搜査硏究所 2001 國立 科學 搜査 硏究所 年報 Vol.33 No.-

韓國人의 各 臟器組織中 靑酸鹽의 微量分布에 關한 硏究(Ⅱ)

張成吉,金恩浩,金英雲,李鎭勳,柳在薰,權五星,金明德,吳世珍,金由那 內務部 國立科學搜査硏究所 2001 國立 科學 搜査 硏究所 年報 Vol.33 No.-

韓國人의 血液 및 各 臟器組織中 靑酸鹽의 微量分布에 關한 硏究 : Concerning Micro Distribution of Cyanide in Human Organs

張成吉,金恩浩,金英雲,李鎭勳,趙承衍 內務部 國立科學搜査硏究所 2002 國立 科學 搜査 硏究所 年報 Vol.34 No.-

環境汚染의 法的規制에 관한 研究

金英勳(Kim Young Hoon) 숭실대학교 법학연구소 1993 法學論叢 Vol.6 No.-

EXPERIMENTAL STUDY ON THE ANTIBACTERIAL EFFECTS OF ROOT CANAL FILLING MATERIALS

Young Hoon Kim(金英勳) 대한치과의사협회 1972 대한치과의사협회지 Vol.10 No.1

社會保障法의 法理念 考察 : 人權理念과 生存權理念을 中心으로

金英勳 서경대학교 사회과학연구소 1975 論文集 Vol.3 No.-

Chapter 1; Introduction The ideological study of the idea of the law in the Social Security promotes the society's social security system. In a country like Korea, where the social security system is still at the beginning stage, this kind of study helps establish the idea of the law. Characteristically a welfare state, a modern state intends to guarantee a life worth of man to the individual. This intention reflects the idea of the law in the Social Security Act. Chapter 2; the Conception and Historical Survey of the Social Security Act "Social security" is a program of preelection prepared by society for the individual whose ability or prescience cannot protect himself and his dependents against such evils as sickness, unemployment, old-age dependency, industrial accidents and so forth. Modern wars brought poverty, and modern and mass production caused "poverty in plenty." These are the factors which caused the establishment of the Social Security Act. Germany surpasses the other Western countries in the practice of the Social Security Act, but public assistance is less emphasized than in France. The United States instituted her security law in 1935. Britain developed the Social Security Act with Beveridge's Report as its foundation. In modern Korea, the laws governing social security, such as the Relief Act and the Law with Regard to Social Security, were instituted before and after the end of the Secound World War. However, these are far from being satisfactory in bringing a complete social security system to Korea. Chapter 3; the Nature of Human Rights and the Right to Live According to Radbruch, the idea in a law generally breaks down into three points, namely, justice, legitimacy and legal security, of which justice is the most importent. As the various theories of justice testify, human rights are necessarily the indispensible idea underlying justice. A law must stand on the faith in human rights. The right to live reflects the cross-sectional view of one of the acutest social problems. Since "enjoyment of life and liberty" is the underlying idea of the civil liberties, the Right to live can be regarded as a civil liberties extension. The civil liberties are closely connected with the right to live in that the latter enables the capitalistic economy to maintain its labor power. Chapter 4; the Social Security Act and and Welfare State Welfare state may be defined as a state blessed with the mixed economy system of social security and full employment, along with a democratic political principle. The state must lay down a basis upon which people can make a happy life. Humanity is also what the Social Security Act seeks in the course of realizing its objective of creating welfare stats. The security of the right to live is the road that leads to welfare state. Chapter 5; Conclusion The aim of the Social Security Act is to understand systematically the entire system of the law. Substantially, this law presupposed the continuance of capitalistic society, During the pre-civil revolution, public welfare was considered under a collective idea; the individual was out of the question. The contemporary theory of public welfare must start from the individual; the individual must be the origin of public welfare. Human Right and the right to live are the two indispensible ides in materializing the welfare of humanity.