2022년 4월에 군형법 제92조의 6 추행죄에 관하여 나온 대법원 전원합의 체 판결(2019도3047)은 법학방법론적으로 다양한 문제지점들을 담고 있어 서도 관심을 끈다. 그 판결에서 다수의견과 별개의견들 및 반대의견은 적용 법조항의 의미를 두고서 전통적인 법학방법론의 네 가지 방법인 문언, 체계, 역사, 목적은 물론 법해석과 법형성의 구별 및 허용되지 않는 법형성, 헌법합 치적 해석과 헌법정향적 해석, 그리고 법해석 일반론에 이르기까지 상이한 의견을 제시하였다. 특히 다수의견이 법원의 법해석권한을 넘어서 국회나 헌 법재판소의 권한을 침해하는지가 명시적으로 다투어진 점은 법원의 법해석권 한의 한계에 관한 관심을 불러일으켰다. 이 연구에서는 이 판결을 법학방법론상 다음과 같이 분석하고 평가하였다. 1. 문언해석의 차원에서 군형법 추행죄에서 대표적인 예시적 구성요건인 ‘항문성교’는 이성 간에도 가능한 일상적 의미가 아니라 남성 간의 행 위를 가리키는 일종의 전문용어로 해석하는 것이 동 조항의 입법의도를 포함한 역사적 맥락에 부합한다. 이 판결의 다수의견은 이와 달리 그 단어를 일상적 의미로 해석해서 항문성교의 대표적인 예시적 구성요건 으로서의 의미를 탈각시키고 소극적 구성요건을 창설하였다. 법문언에 반하는 이러한 목적론적 축소해석은 민주적 법치국가에서 재판의 법률 구속성 요청에 따르는 엄격한 정당성 심사를 받아야 한다. 2. 체계적, 목적론적 해석의 차원에서 동 조항의 보호법익으로 군기 이외 에 성적 자기결정권을 포함시킨 다수의견은 군형법과 형법의 체계에 맞 지 않다. 3. 역사적 해석의 차원에서 다수의견은 입법자의 의사를 지나치게 경시하 였다. 4. 입법자의 의도에 반하는 법해석 또는 법형성의 정당성은 예외적으로만 인정될 수 있다. 국회의 입법권과 헌법재판소의 위헌법률심판권을 침해 하여 법치국가원리를 침해하기 때문이다. 이 판결 다수의견의 법형성은 그러한 예외적 정당성이 인정되는 경우가 아니다. 5. 헌법합치적 해석은 헌법의 기본권 조항들 뿐 아니라 민주적 법치국가의 권력분립존중 요청에도 부합하게 이루어져야 한다. 이 판결 다수의견은 그런 요청에 부합하지 않아서 헌법합치적 해석으로 타당하지 않다. 결론적으로 이 판결의 다수의견과 별개의견들은 민주적 법치국가 원리에 따라서 존중해야 하는 국회의 입법권과 헌법재판소의 위헌법률심판권을 침해 하여 부당하다.

Purpose: In this study, we developed an integrated simulation practicum and investigated the effectiveness of the practicum for senior nursing students. Methods: Sixty-seven senior nursing students from a university were enrolled in this study and assigned into two groups: experimental (n = 31) and control (n = 36). We developed and applied a 60-hour integrated simulation practicum that spans a 3-week period. The control group performed a traditional clinical practicum. The outcome measures were critical thinking disposition, clinical competence, and practicum satisfaction and the data were analyzed using the SPSS 23.0 software. Results: After the intervention, both experimental and control groups showed significant improvement in critical thinking disposition (p = .017) and clinical competence (p < .001) compared to those of the baseline. Regarding practicum satisfaction, the experimental group showed significantly higher satisfaction than the control group (p = .003). Conclusion: The integrated simulation practicum was an effective program that improved critical thinking, clinical competence, and practicum satisfaction in senior nursing students. To effectively improve critical thinking and acquire clinical competence, which are essential for prospective nurses, nursing students should be exposed more to simulation practicum that reflect environments similar to actual clinical settings for various patients with complex health problems.

PURPOSES : This study aims to suggest how to utilize "standby data" of shared mobility that does not contain personal information and examine whether "standby data" can derive existing shared mobility operation analysis items similarly. METHODS : An existing Personal Mobility (PM) traffic pattern analysis was performed by identifying the user (User ID) and the user's route in a time frame. In this study, the PM traffic pattern analysis focuses on a vehicle (ID of the standby vehicle) and its standby location. We examined whether the items derived from the User ID-based traffic pattern analysis could also be derived from the standby Vehicle ID-based analysis. RESULTS : The analysis showed that all five items (traffic volume by time slot, peak time, average travel time, average travel distance, and average travel speed) of the existing User ID-based PM travel analysis result could be derived similarly using the standby Vehicle ID-based PM traffic analysis. However, the disadvantage is that the average driving distance is calculated as a straight-line distance. It seems possible to overcome this limitation by correcting the average driving distance through linkage analysis with road network data. However, it is not possible to derive the instantaneous maximum speed or acceleration/deceleration. CONCLUSIONS : In an era in which various means of transportation are being introduced, data sharing is not preferred because of legal issues.Consequently, it is difficult to understand the use of new means of transportation and formulate new policies. To address this, data sharing can be active based on standby data that is not related to personal information.

PURPOSES : This study proposes a method for comparative analysis, based on geographic information systems (GIS), that can be used when introducing demand-responsive transit in areas where public transportation is not available. METHODS : To analyze areas where public transportation is neglected, bus stop location information, building location information, and administrative district boundary data for the census were acquired. Geocoding was used for address-based raw data to create a spatial database. Based on the collected data, the proportion of households separated by a certain minimum distance from a bus stop was aggregated and constructed through near analysis. When introducing a demand-responsive transit system, the operational cost was calculated and compared with the existing city bus transportation cost. RESULTS : Results show that the operating costs of introducing demand-responsive transit can be compared and analyzed using the proposed method, for a case study of Daejeon Metropolitan City. CONCLUSIONS : It is economically efficient to avoid the entry of route buses and introduce demand-responsive transit in areas isolated from public transportation where the number of people getting on and off is extremely low.

PURPOSES : During the summer of 2018, a heat wave (temperatures > 33°C) lasted for more than 30 days, causing blow-ups at eight different locations in South Korea. The blow-up phenomenon occurred when the internal temperature of the concrete slab increased. Simultaneously, as the concrete slab expands excessively, the length of the end of the slab increases, thus resulting in a lateral compressive force; when the slab cannot withstand this force, it rises or breaks. Blow-up is caused by a variety of factors, including increased temperature and humidity, accumulation of incompressible substances inside discontinuous surfaces, alkali–silica reactions, and aging of the concrete pavement. Several researchers have presented models to forecast blow-ups, such as the A. D. Kerr and G. Yang models, which have been applied to explain the blow-up phenomenon. However, this model has some limitations. This paper discusses a method to overcome these limitations. METHODS : Buckling, the most important theory describing the blow-up phenomenon, was reviewed, and the buckling principle was confirmed. Subsequently, the input variables of the Kerr and Yang models and the mechanism for predicting the occurrence of blow-ups were identified. The PGBA program was used to confirm the lifetime of the expansion joint and the blow-up occurrence time based on the expansion joint spacing to review the limitations of the two studied models. RESULTS : The Kerr and Yang models did not consider variables such as the expansion joint spacing or length of the integrated adjacent slab. In other words, it is necessary to reconsider the appropriateness of blow-up time predictions in relation to changes in expansion joint spacing and slab length. The expansion joint lifetime and blow-up occurrence time were predicted using the PGBA program. It was confirmed that as the expansion joint spacing increases, the expansion joint lifetime decreases. However, the blow-up occurrence time was shown to be the same (equal to 59 years), which is a limitation of the Kerr and Yang models used in the PGBA program. This resulted in a limitation in which variables for the expansion joint spacing cannot be used. CONCLUSIONS : Through blow-up simulation experiments and actual field data, an appropriate slab length should be determined, and a blow-up model should be developed based on the slab length. If a blow-up prediction based on concrete slab length and a blow-up model based on are developed, the blow-up prevention technology will be applied to the appropriate blow-up time and location to avoid traffic accidents and reduce human and property damage.

2019년부터 2022년까지 제주도 올리브(olive, Olea europaea)에서 발생하는 해충을 조사한 결과, 총 15종의 해충이 확인되었다. 이중 나방 류와 노린재류의 발생과 과실 피해가 매우 심했다. 나방류는 수수꽃다리명나방(Palpita nigropunctalis), 큰점애기잎말이나방(Aterpia circumfluxana), 차잎밀아나방(Homona magnanima), 차애모무늬잎말이나방(Adoxophyes honmai) 순으로 많이 발생하였다. 나방류 해충은 주로 잎을 가해했지만, 수수꽃다리명나방은 과실피해도 심하게 유발하였다. 노린재류로는 갈색날개노린재(Plautia stali), 썩덩나무노린재(Halyomorpha halys), 풀색노린 재(Chinavia hilaris)가 주로 발생하여 과실 피해를 유발하였다. 깍지벌레류인 갈색깍지벌레(Chrysomphalus bifasciculatus)와 뽕나무깍지벌레(Pseudaulacaspis pentagona)는 무방제 시 과실에도 발생하여 피해를 주었다. 진딧물과 해충은 국내 미기록종인 올리브면충(신칭, Prociphilus oleae)만이 발생하였고, 갈색나무매미충(Ricania shantungensis)도 올리브에 처음 발생이 확인되었다. 국내 미기록종인 올리브철모깍지벌레(신칭, Saissetia olea)은 발견되었으나 방제후 더이상 발생하지 않았다. 이외 천공성 해충이 올리브에 심각한 피해를 유발하였으나, 종은 확인되지 않았다.

In this study, to control the heading angle of a ship, which is constantly subjected to various internal and external disturbances during the voyage, an LADRC (linear active disturbance rejection control) design that focuses more on improving the disturbance removal performance was proposed. The speed rate of change of the ship’s heading angle due to the turn of the rudder angle was selected as a significant factor, and the nonlinear model of the ship’s maneuvering equation, including the steering gear, was treated as a total disturbance. It is the similar process with an LADRC design for the first-order transfer function model. At this time, the gains of the controller included in LADRC and the gains of the extended state observer were tuned to RCGAs (real-coded genetic algorithms) to minimize the integral time-weighted absolute error as an evaluation function. The simulation was performed by applying the proposed GA-LADRC controller to the heading angle control of the Mariner class vessel. In particular, it was confirmed that the proposed controller satisfactorily maintains and follows the set course even when the disturbances such as nonlinearity, modelling error, uncertainty and noise of the measurement sensor are considered.

A novel L. harbinensis VF was isolated from fermented vinegar and identified through biochemical characteristics and 16S rRNA sequencing analysis. Characteristics of probiotics were studied for acid and bile salt tolerances, hemolytic activity, antibiotic resistance, antimicrobial activity, cell surface hydrophobicity, and aggregation. The survival rates of the isolate were maintained at 68.9% and 95.6% after 3 h incubation at pH 2.0 and 2.5 and were over 74% at bile salt concentrations of 0.3% and 0.5%. The hemolytic activity was confirmed to be -hemolysis. The isolate showed broad antibiotics-resistance in over 12 antibiotics except for trimethoprim/sulfamethoxazole, compared to L. plantarum (KCTC 3108), used as control, and previously reported L. harbinensis. Antimicrobial activity was confirmed against pathogens, B. cereus, E. coli O157:H7, L. monocytogenes, and S. typhimurium, except S. aureus, and it was attributed to produced organic acids (low pH). The hydrophobicity for xylene and chloroform were 16.7% and 20.4%, respectively, lower than those of L. plantarum (41.2% & 49.9%). The auto-aggregation and coaggregation with pathogens were 83.8% and 49.2-87.6% at 24 h incubation, respectively, higher than those of L. plantarum. From this study, L. harbinensis VF is likely to be used as a probiotic strain and is a strong candidate for commercial application.

This study measured the biochemical properties, antioxidants, free sugars, organic acids, trigonelin, chlorogenic acids, and caffeine content of coffee prepared using different extraction methods by adding dried apple powder to develop high-quality functional drinks. Espresso had the highest soluble solids content and brownness at 9.17±0.88oBrix and 1.85±0.57. Its organic acid content was higher in the sample groups than in the control group, whereas the espresso group was highest in citric acid at 2184.11±0.01 mg/mL, malic acid at 2181.35±0.03 mg/mL, fumal acid at 40.42± 0.01 mg/mL, lactic acid at 32.04±0.02 mg/mL, and formic acid at 49890 mg/mL. Additionally, it had the highest sucrose, glucose, fructose, and sorbitol contents (p<0.05). In the trigonelin content, the sample groups showed a higher content than the control group, with the order being espresso > mokapot > water drip > frenchpress > sippon > hand drip (p<0.05). In the content of chlorogenic acid and caffeine, the sample groups showed higher content than the control group, with the order of espresso > mokapot > water drip > siphon > frenchpress > hand drip (p<0.05). As a result, espresso was found to be suitable for developing coffee drinks in manufactured coffee with different extraction methods.

This study investigated the hazard factors based on imported food non-compliance and global food hazard information for the last 4 years to suggest imported food safety management. Food safety management on utensils or packaging containers is appropriately managed for the compounds derived from them. Food safety management on health-functional foods, processed foods, and agricultural products is concentrated on ingredient contents, food additives, and pesticide residuals. Additional hazards are illegal compounds, mycotoxins & pesticide residuals, hygieneindicator microorganisms and food-borne pathogens in health-functional foods, processed foods, and agricultural products, respectively. The continuous increase in hazards related to safety and hygiene in global food hazard information needs additional attention. To reduce the hazard factors, this study proposes that imported food be limited to products certified by HACCP or an equivalent food safety management system because registering foreign food facilities for processed and health-functional foods is mandatory. Additionally, the customs clearance inspections should focus on the hazard factors derived from the global food hazard information system. This study suggests a global food hazard information system that could derive frequently issued hazard factors at a given period and newly issued hazard factors in aspects, such as food items, subcategories, and exporting countries.