실무연구(實務硏究) : 대용감방의 인권적 문제점과 개선 방안

이문한 ( Moon Han Lee ) 법조협회 2008 法曹 Vol.57 No.5

우리 정부의 지속적인 인권개선 노력으로 국민의 인권 보호와 증진에 많은 발전을 이루었지만 아직도 국내외적으로 지적을 받고 있는 인권의 사각지대는 여전히 존재하고 있다. 그중 하나가 경찰서 대용감방의 운영과정에서 발생하는 대용감방 수용자의 인권침해 문제이다. 대용감방은 그 법적 근거가 미약할 뿐만 아니라 국제인권협약, 행형법 등 미결수용자 처우 기준에 위반되는 여러 가지 인권적 문제점 등을 가지고 있는 제도라고 할 수 있다. 2006년 유엔 인권이사회의 출범과 우리 정부의 인권이사국 선출, 국내 인권 주무 부처인 법무부 인권국 출범 등 이제는 대한민국이 인권선진국으로서의 위상과 기능을 갖춘 이상, 대용감방과 같이 법적 근거가 미약하고 많은 인권적 문제점을 가지고 있는 제도는 신속히 폐지하여야 할 것이다. 따라서 교정시설 신축, 인근 교정시설에서의 인수 등을 통한 신속한 폐지와 함께 당분간 부득이 존속하는 대용감방에 대한 시설및 관리 개선 등도 동시에 추진되어야 할 것이다.

가짜뉴스 등 허위사실 표현에 대한 형사적 규제와 그 헌법적 한계

이문한(Lee, Moon-Han) 한양법학회 2021 漢陽法學 Vol.32 No.3

In a free democracy, the constitutional freedom of the press and publication holds a great significance. However, in case exercising the right to freedom of the press and publication infringes upon other basic rights or undermines the constitutional order, it is subject to a certain level of limitation. This is clearly stated under Article 21(4) of the Constitution of the Republic of Korea, and Article 37(2) of the Constitution also stipulates legal limitations on such freedom under the Principle of Limitation of Basic Rights. While the expression of one’s personal opinion and the publication of specific facts is legally guaranteed under the right to the freedom of the press and publication, the scope of its guarantee or limitation will differ depending on whether it is an expression of opinion or communication of a fact, and also depending on the factuality of the content. In particular, when a person expresses one’s opinion, which is an individual’s subjective view, or when a person communicates an objective fact while expressing one’s view, such freedom of the press and publication should be fully protected. However, the expression of falsified facts, or fake news, is not guaranteed on an equal level under the right to the freedom of the press and publication. For, while the freedom of the press and publication serves to uphold the foundation of democracy by allowing the free formation and circulation of opinions, the publication or statement of false facts fails to serve such function. Furthermore, such falsified content is likely to defame another person, undermining personal rights and even causing social confusion. Due to the above mentioned reasons, expressing or circulating false facts such as fake news is regulated by the Constitution as well as other legislative provisions. For example, there are non-criminal regulations like the press arbitration or civil liability compensation. Also such offense may be subject to punishment for defamation under the Criminal Act, or punishment for publication of false facts under the Public Officials Election Act, as well as other criminal regulations. Countries with advanced legislative systems such as Germany or the United States have long implemented both criminal and non-criminal legal actions on the expression of falsified facts, or fake news, based on the countries’ historical, social, and cultural backgrounds. Nevertheless, in imposing criminal punishment, greater scrutiny is required than non-criminal punishment, in that there is a higher possibility of limiting or infringing the constitutional freedom of the press and publication. Under the current law, legal provisions on criminal punishment applicable to the offense of publicizing false facts include defamation under the Criminal Act; defamation under the Information Communication Network Act; publication of false facts under the Public Officials Election Act; and fabrication and circulation of false facts under the National Security Law. However, concerns have been constantly raised that such criminal regulation may result in violating the constitutional right to freedom of the press and publication. Therefore, it is necessary to compare the current criminal punitive system with foreign judiciaries with advanced legislative systems such as Germany and the United States, and conduct a thorough study on practical cases in order to determine whether there is a violation of the Constitution. As a result of this study, punishing a defamer under the Criminal Law for circulating false facts may involve abuse of the National Penal Power, due to the issue of “vagueness” of the ‘intent to defame others’ and the condition of No Punishment against Will. In punishing the offense of publication of false facts under the Public Officials Election Act, there is a possibility of violating the Principle of Proportionality due to the de facto mandatory invalidation of election under the mandatory minimum se

축산식품(畜産食品)의 잔류농약(殘留農藥)에 관(關)한 연구(硏究) 제(第) 3 보(報) 우유(牛乳) 및 식육중(食肉中) 유기염소제(有機鹽素劑)의 잔류량조사(殘留量調査)

조태행,황대우,이문한,이원창,Cho, Tae Haeng,Whang, Dae Woo,Lee, Moon Han,Lee, Won Chang 대한수의학회 1977 大韓獸醫學會誌 Vol.17 No.2

During the period of March, 1976 to December, 1976, 48 raw milk samples were taken from dairy cows at 48 different dairy farms in Korea analyzed by gas liquid chromatography to determine the seasonal variation of the amount of organochlorine pesticide residues. At the same time 80 market milk, 10 beef and 10 pork samples were analyed by the same procedure for checking residual levels. The results were summarized as follows; 1. Milk samples from 17 dairy farms (36 per cent of tatal) were shown to be contaminated with various organochlorine pesticides. The residua lrate of ${\gamma}-BHC$ in tested samples were 44per cent (14 sam ples) that of aldrine was 28 per cent (9 samples) and those of pp'-DDT, dieldrin and heptachlor were 9.3 percent (3 samples) respectively. 2. In raw milk pp'-DDT, ${\gamma}-BHC$, aldrin, dieldrin and heptachlor were detected, and aldrin, dieldrin and heptachlor were detected in the market milk. Any kinds of organochlorine pesticides were not detected in beef samples but dieldrin and heptachlor were detected in pork samples. Average residual values of aldrin, dieldrin and heptachlor in the market milk were 0.0077 ppm (0.0000~1.1100 ppm), 0.0001ppm (0.0000~0.0500 ppm) and 0.0008 ppm (0.0000~2.0520 ppm), respectively, and those of dieldrin and heptachlor in pork samples were 0.0010 ppm (0.0000~0.0100 ppm) and 0.0033 ppm (0.0000~0.0330 ppm). respectively. 3. Residues of organochlorine pesticides in raw milk were extremely variable; in fact pp'-DDT was detected in milk samples from A, B, C and D districts and endrin was not detected from all districts. The ${\gamma}-BHC$ and dieldrin were detected at the district of A, C and D, aldrin at the districts of A and C and heptachlor at the districts of both A and D. 4. Seasonal trends of residual values of organochlorine pesticides were, in general, noticeable. The residual level was much higher in Spring than in other seasons and showed the tendeney of decrease from spring through summer and autumn generally; in the case of pp'-DDT average residual values were 0.0121 ppm in spring, 0.0022 ppm in summer and not detected in autumn. But in winter ${\gamma}-BHC$ and aldrin residues were increased a little. Residual values in raw milk (when cow are fed on hay and silage) were appeared higher in winter than the other seasons. 5. Residues of organochlorine pesticides in raw milk were not related in respect to hygienic conditions of dairy farms pp'-DDT and heptachlor were, in general, detected in all farms and aldrin was more detected in milk from well sanitated farms than poor sanitated ones.

Microsatellite 대립유전자 분석을 통한 개에서의 친자감별

채영진,김동근,김하나,이문한,황우석,이병천,윤화영,이항,Chae, Young-jin,Kim, Dong-keon,Kim, Hana,Lee, Moon-han,Hwang, Woo-suk,Lee, Byoung-chun,Youn, Hwa-young,Lee, Hang 대한수의학회 1999 大韓獸醫學會誌 Vol.39 No.1

Microsatellite allele analysis has been used for individual identification and paternity test. In the present study, the biological father of three puppies was determined by using microsatellite allele amplification analysis. The mother bitch of the litter was a Poongsan dog. The three stud dogs that could have inseminated the bitch, by being in the same residence, were a white Poosan dog, a mixed breed, and a white Jindo dog. DNA was obtained from all the relevant dogs by buccal swabbing. Four loci of tetranucleotide repeat microsatellite were PCR-amplified, and analyzed by polyacrylamide gel electrophoresis and silver staining. The results of genotyping unambigously assigned the Poongsan dog as the biological father. There was no evidence of superfecundation. Therefore, the present study demonstrated the usefulness of microsatellite allele analysis as a simple, efficient method of paternity test in dogs.

약물의 Bioavailability 평가에 있어서 토끼의 이용에 관한 연구

조흥원(Heung-Won Cho),한익수(Ik-Soo Han),원경풍(Kyung-Poong Won),이영순(Yong-Soon Lee),이문한(Moon-Han Lee) 한국실험동물학회 1985 Laboratory Animal Research Vol.1 No.1