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      • KCI등재

        5ㆍ18민주화운동 부인죄 도입의 필요성과 헌법적 정당성

        김재윤(Kim, Jae-Yoon) 전남대학교 5.18연구소 2016 민주주의와 인권 Vol.16 No.2

        이른바 홀로코스트 부인은 제2차 세계대전 이후 지속적으로 존재해왔으나, 1960년대부터 시작하여 최근 더욱더 독일 사회에서 문제되고 있다. 극우주의자 또는 신나치주의자들에 의한 홀로코스트 부인의 대표적인 예로 “유대인 말살을 위한 단일한 계획은 없었기 때문에 홀로코스트는 존재하지 않는다”, “아우슈비츠 및 여타 수용소에 인간가스실은 없었다” 등을 언급할 수 있다. 독일은 이러한 홀로코스트 부인에 대해 독일형법 제130조 제3항을 마련하여 형법적 규제의 방식을 채택하고 있다. 독일의 홀로코스트 부인과 유사하게 최근 우리 사회에서는 일부 극우논객과 종합편성채널에 의해 5・18민주화운동을 부인, 왜곡, 날조하는 행위가 증가하고 있다. “5・18은 김대중이 일으킨 내란사건이라는 1980년 판결에 동의한다” 또는 “5・18민주화운동에 북한군이 개입하였다” 등이 그 대표적인 예이다. 이러한 5・18민주화운동 부인행위는 사회통합을 저해하고 5・18민주화운동 희생자와 그 유가족의 명예와 존엄성을 침해한다. 이에 이 글에서는 홀로코스트 부인을 형사처벌하는 독일형법 제130조 제3항과 유사하게 우리나라에서도 역사적 사실의 부인으로서 5・18민주화운동 부인죄 도입의 필요성과 그 구체적 내용, 그리고 그러한 형벌규정이 과잉금지원칙에 위배되지 않아 헌법적으로 정당화될 수 있는지 여부를 검토하였다. 결론적으로 5・18민주화운동 부인은 신군부의 권위주의적 통치에 항거해 국민의 자유와 권리를 회복・신장시킨 민주화운동을 부인, 왜곡, 날조하는 것으로 표현의 자유의 한계를 넘어선 명백한 범죄행위이다. 따라서 「5・18민주유공자예우에 관한 법률」 제70조의2(벌칙)을 신설하여 5・18민주화운동 부인죄를 도입하는 것이 타당하다. 이 규정은 당벌성과 형벌필요성을 갖추고 있어 헌법상 정당화될 수 있다. 이러한 5・18민주화운동 부인죄는 자유민주주의 사회의 공론의 장에서 민주적 토론을 위한 하나의 행동규칙으로서의 역할을 담당할 수 있을 것이다. The so-called Holocaust denial has occurred since 1960s following World War Ⅱ, but it has emerged as a critical issue in German society in recent years. Representative examples of the Holocaust denial from right-wing extremists and neo-Nazis include “The Holocaust didn’t exist because there was no single plan for the genocide of Jews.” and “There were no gas chambers in concentration camps including Auschwitz Concentration Camp.” In this regard, Section 130(3) of the Criminal Code of Germany was added and such denial became regulated by Criminal Code. Similar to the Holocaust denial, denials, distortions, and fabrications of the May 18 Democratization Movement by some extreme right-wing commentators and comprehensive programming TV channels are on the rise in Korean society. “I agree with the trial for rebellion in 1980 stating that the May 18 Uprising was a rebellion by Daejung Kim.” and “North Korean forces were involved in the May 18 Democratization Movement.” are representative examples. Such denials of the May 18 Democratization Movement hinder social integration and violate the honor and dignity of the victims and the bereaved of the Movement. In this context, with reference to Section 130(3) of the Criminal Code of Germany that regulates the Holocaust denial, the present study examined the necessity of the introduction of the crime of denial of the May 18 Democratization Movement with respect to the denial of Korean history, and details of such provision. Whether such criminal regulation is contrary to the principle of proportionality and constitutional was also investigated. In conclusion, the denial of the May 18 Democratization Movement is the negation, distortion, and fabrication of the democratic movement that recovered and promote the freedom and rights of the people through the resistance against the military-authoritarian regime, and therefore, it is obviously a criminal offence beyond the boundary of the freedom of expression. For this reason, it is reasonable to introduce the crime of denial of the Movement by adding Clause 2 of Article 70 (Penalty) in the Act on the Honorable Treatment of Persons of Distinguished Services during the May 18 Democratization Movement. As this regulation meets the validity and necessity of criminal punishment, it can be justifiable under the Constitution. This crime of denial of the May 18 Democratization Movement may serve a role of a code of conduct for debate in a liberal democratic society for the sake of a democratic debate.

      • 원적외선 최적화 방사유도 알고리즘과 프로그래밍

        김재윤,박돈목,박영한,박래준,Kim, Jae-Yoon,Park, Don-Mork,Park, Young-Han,Park, Rae-Joon 대한물리치료학회 2001 대한물리치료학회지 Vol.13 No.2

        To take the Far-infrared(FIR) ray which is a optimized wavewlength and strength, at first, it is to be induced the characteristic algorithm and the computerized programing of FlR radiating materials. In this study, we induced that the formular of optimized FIR with physical, mathematical logic and theory, especially, Plank, Kirchhoff, Wien, Stefan-Boltzmann's logic and law. In the long run the formular was induced with mathematical integration. since we had to know the molecular wavelength. Base on the induced formular as above, we programmed the optimized FlR radiating computerized program, it would be useful to design semiconductor( VLSI) as the FlR instrument center control system.

      • KCI등재

        Rabies Post-Exposure Prophylaxis of Overseas Travelers in the International Travel Clinic of the National Medical Center from 2006 to 2012, Korea

        김재윤,Chang Hyu Lee,Youn Kyoung Won,Bum Sik Chin,Hyung Sik Shin,Jae Yoon Kim 대한감염학회 2014 Infection and Chemotherapy Vol.46 No.1

        Background: Rabies is an acute fatal viral disease generally transmitted from infected animals to humans through bites. It is distributedworldwide. The number of Korean people traveling to rabies-endemic countries and being bitten by infected animals has beenincreasing recently. Therefore, we investigated international travelers who received rabies post-exposure prophylaxis (PEP) at the NationalMedical Center (NMC) and compared the data with those of other clinics. Materials and Methods: This study was a retrospective review of 106 patients who visited the International Travel Clinic of the NMCand received rabies PEP between July 2006 and December 2012. During that period, we used the Essen intramuscular regimen protocol. Complete rabies PEP was defined as 5 doses of rabies vaccination with or without rabies immunoglobulin (RIG) administrationaccording to the World Health Organization guidelines. Results: A total 106 cases documented within the period of 6 years were selected, including 10 children younger than 15 years and96 older than 15 years. The mean age of the patients who received PEP was 33.4 years. Of the patients, 53 were male and another53 were female. Most of the exposures occurred in Southeast Asia, predominantly from dog bites (71, 66.9%). The lower extremitieswere the most frequent site of exposure (37, 34.9%). All the patients began receiving rabies vaccination for prophylaxis after exposure,and 51 received rabies vaccination with RIG. Meanwhile, 74 cases (69.8%) initiated rabies vaccination overseas, but only 10 of themreceived RIG while overseas; the remaining 32 (30.2%) initiated rabies vaccination after returning to Korea. Within 7 days, all thechildren and 74 adults received their first rabies vaccination. Six adults initiated first rabies vaccination after 1 week. Eleven of the 106patients stopped PEP before 5 doses, among whom 4 (1 child and 3 adults) discontinued vaccination after confirming that the bitinganimal remained healthy throughout 10 days of observation. None of the patients had been previously vaccinated against rabies. Conclusions: Most of the overseas travelers who visited our clinic after being bitten by suspected rabid animals received appropriaterabies PEP. However, the interval between exposure and first rabies vaccination was often delayed. Tourists who planto travel in rabies enzootic regions need to be aware that prompt initiation of PEP is important to reduce the risk for developinghuman rabies.

      • 원적외선의 인체작용메카니즘

        김재윤,박영한,박돈목,박래준,Kim, Jae-Yoon,Park, Young-Han,Park, Don-Mork,Park, Rae-Joon 대한물리치료학회 2001 대한물리치료학회지 Vol.13 No.2

        Until now, it has not been well known for Far-infrared(FIR) how to affect to the human body. We introduced and presumed the mechanism of FIR based on molecular biology in this study, as below. The human body is composed of proteins which get easily changed by a thermal factor (about 42 $^{\circ}$C over). FIR with low temperature can deeply penetrate on the human body composed things without troublesome, since FIR has effectively operated on the human body at low temperature (35-40 $^{\circ}$C). When FIR penetrated on the human body, it would inhibit the abnormal genes and cells expression, and then information of DNA and RNA would be reexpressed for arranging DNA and RNA abnormal state. As FIR's receptors in the body, it colud be presumed that N-glycosyl linkage of purine and deoxyribose, RNA splicing process, and heat shock protein.

      • KCI등재

        원적외선이 흰쥐의 생존율에 미치는 영향

        김재윤,박승규,김진상,박래준,Kim, Jae-Yoon,Park, Seung-Kyu,Kim, Jin-Sang,Park, Rae-Joon 대한물리치료학회 2001 대한물리치료학회지 Vol.13 No.3

        IR classified by wavelength three parts NIR, MIR. FIR. There is FIR which is radiated from healthy human body the wave length is 8-14m. The Sun's ray is composed of Infared(49%), Visible light(40%) and Ultra violet(11%), however the ray getting to the earth is FIR(60%), IR(20%), and UV(20%). Human beings has utilized FIR already from time immemorial. Hershel found out Infrared for the first time, in the Industrial Revolution the Infrared and FIR had been begun to use making products. FIR with low temperature can deeply penetrate on the human body composed things without troublesome, since FIR has effectively operated on the human body at low temperature (35-40 $^{\circ}$C). In this study, we experimented in the specific temperature FlR radiation intensity. water consumption rate, feed consumption rate. survival rate and mean of weight balance with FlR radiation instrument. According to the results, the FlR radiation to the mice assisted to increase the survival rate.

      • 원적외선이 자가면역성 관절염 흰쥐모델의 산화질소정량에 미치는 영향

        김재윤,박규현,박영한,김진상,박래준,Kim Jae Yoon,Park Kyu Hyun,Park Young Han,Kim Jin-Sang,Park Rae Joon 대한물리치료학회 2002 대한물리치료학회지 Vol.14 No.2

        OBJECTIVE: This study was Far infrared(FIR) irradiating to a rat collagen-induced autoimmune arthritis and observed nitric oxide level of spine. METHODS: Type II collagen(CII) in adjuvant was injected into rats on day 0. The results showed that rats injected with CII plus adjuvant had signs of autoimmune arthritis on day 14. Thereafter, Far infrared(FIR) irradiation was begun on day 15. The rats were irradiated FIR twice per day for 20 min each time. RESULTS: Seven days later(Day 22), the level of NO at FIR irradiated group(FRG; Arth+FIR) was decreased more than FIR-non irradiated group(FNRG; Arth). Twenty-one days later(Day 36), the level of NO at FRG was more closed to the control group's NO level than the FNRG. CONCLUSION: These results indicated that Far infrared irradiating appears to reduce the nitric oxide level at a rat model of autoimmune arthritis induced.

      • 원적외선이 관절염 흰쥐 모델에 미치는 영향과 관련 싸이토카인 예측 프로그래밍

        김재윤,김진상,배성수,박래준,Kim Jae Yoon,Kim Jin-Sang,Bae Sung Soo,Park Rae Joon 대한물리치료학회 2003 대한물리치료학회지 Vol.15 No.1

        The purpose of this study was to observe the effects of Far-infrared on mice rheumatoid arthritis induced by type II collagen. The author peformed several experimental tests which were the hematoxylin-eosin tissue stain, the hind paw thickness, and ELSIA of cytokines(TNF-$\alpha$, IL-1$\beta$). On day 14 and 21, FIR-Tx. group decreased in synovial membrane thickness more than control II group FIR-Tx group decreased in hind paw thickness more than control II group. In the ELISA test of TNF-$\alpha$ concentration, control II group significantly increased in the concentration more than normal and FIR-Tx. group on day 7, 14, and 21. In the ELISA test of IL-$\beta$ concentration, FIR-Tx. group decreased in the concentration more than control II group on day 14 and 21. With J's Linear Function Data Process Program, researchers can get the estimated the concentration or the hind paw thickness from this experiment. The estimated results would be a good guide to therapists and researchers, planning Far-infrared application on the rheumatoid arthritis. These results indicated that far-infrared irradiating appeared to reduce the concentration of TNF-$\alpha$ and IL-1$\beta$ at mouse model of autoimmune arthritis. It would be considered that Far-infrared has an effect on relieving rheumatoid arthritis.

      • 원적외선이 대장균의 생존율과 돌연변이에 미치는 영향

        김재윤,박래준,Kim, Jae-Yoon,Park, Rae-Joon 대한물리치료학회 2001 대한물리치료학회지 Vol.13 No.3

        Hershel found out Infrared for the first time, in the Industrial Revolution the Infrared and FlR had been begun to use making products. FIR with low temperature can deeply penetrate on the human body composed things without troublesome. since FIR has effectively operated on the human body at low temperature (35-40$^{\circ}$C). When FIR penetrated on the human body, it would inhibit the abnormal genes and cells expression, and then information of DNA and RNA would be reexpressed for arranging DNA and RNA abnormal state. As FIR's receptors in the body, it colud be presumed that N-glycosyl linkage of purine and deoxyribose, RNA splicing process. and Heat shock protein. To radiate optimized FIR, in this study, we made the FIR radiation compound and instrument for unharming biological things. According to the results, the FIR radiation to E. coli., it did not induce genetic mutations and change the survival rate of E.coli.

      • 기초형식에 따른 홍예교의 역학적 특성분석

        김재윤,차근창,한철희,박영신,김호수 한국구조물진단유지관리학회 2011 한국구조물진단학회 학술발표회논문집 Vol.2011 No.9

        The stone masonry arch bridges have the behavior characteristics of arch structure. For this reason, the reasonable analysis method is reguired for the structural behavior of stone masonry arch bridges. Therefore, this study performs the mechanical characteristics analysis according to the foundation types of stone masonry arch bridges through the finite element modelling.

      • Far-Infrared의 발전사와 물리치료 적용에 대한 연구

        김재윤,박래준,박영한,Kim, Jae-Yoon,Park, Rae-Joon,Park, Young-Han 대한물리치료학회 2001 대한물리치료학회지 Vol.13 No.1

        The Sun's ray is composed of Infared(49%), Visible light(40%) and Ultra violet(11%), however the ray getting to the earth is FIR(60%). IR(20%), and UV(20%). Human beings has utilized FIR already from time immemorial. Hershel found out Infrared for the first time, in the Industrial Revolution the Infrared and FI R had been begun to use making products. In asia. also, asian already has made use of FIR to treat the body, product things and make warm the house in the winter, as it had been called Wull therapy, fermentation. and On-Dol system. In these days, with contemporary science FIR would be begun to clear up the implication in the human body and organic compounds. IR classified by wavelength three parts NIR, MIR, FIR. There is FIR which is radiated from healthy human body the wave length is 8-14 m. It is difficult to standardized the wavelength of IR, since each related associations have a different opinion, so we suggested ideal IR wavelength and biological, phsiotherapical, medical FIR wavelength.

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