The purpose of this study was to evaluate the effects of bridging stabilization exercise on balance ability and gait performance in elderly women. The subjects of this study were thirty-one elderly women over 65 years old in HongSung-Gun Senior Citizen Welfare Hall. The subjects were randomly assigned into one of three groups (trunk stabilization exercise on the mat, whole body vibration, and Swiss ball) and participated in each exercise program three times a week for 4 weeks. Each exercise began in the bridging position. The dynamic balance and gait were measured by limit of stability area using force plate, Berg Balance Scale (BBS), and Timed Up and Go Test (TUG). The results were as follows: 1) The limit of stability in three groups increased significantly in anterior-posterior and medial-lateral lean after 4-weeks intervention (p<.05). 2) There were no significant differences in the limit of stability among three groups after 4-weeks intervention (p>.05). 3) The BBS and TUG in three groups increased significantly after 4-weeks intervention (p<.05). 4) There were significant differences among three groups in BBS. Post-hoc test showed that Swiss ball exercise group was significantly higher than the mat and whole body vibration groups. 5) There were no significant differences TUG among three groups after 4-weeks intervention (p>.05). In conclusion, this study suggested that 4 weeks of the bridging stabilization exercises were effective on balance and gait in all three groups. Particularly Swiss ball exercise group showed higher improvement than two other exercise groups (mat, whole body vibration group).

The aim of the study was to identify which fall-prevention program offered in community settings in Korea is the most effective in strengthening muscles. Muscle weakness is one of the major risk factors causing falls among the elderly. Randomized controlled trials and clinical controlled trials published between 1996 and February 2011 were included in this study. Seventeen of the 69 identified studies met the study's criteria and were included in this meta-analysis. The overall effect size of the program was .822 (95% confidence interval= .717~.927). The general strengthening exercise (1.608), dance sports training (1.538), Thera-band exercise for lower extremities (1.517), Seniorobic exercise (1.146), gait training (.959), balance training (.909), gradual resistive exercise (.888), and multifactorial fall prevention (.842) programs all show positive effects on muscle strengthening. Subgroup analyses found that more relative effects are seen in programs offered to the more elderly. In this study, the effect of increasing muscle strength on the prevention of falls can only be indirectly suggested; there are few available studies that report the frequency or history of falls in Korea. Further studies are needed to examine the direct effect of fall prevention exercise programs among the elderly.

Although there have been various studies related to the body's movement from a sitting to a standing position (sit-to-stand task), there is limited information on the kinematic changes on the frontal and transverse planes. The purpose of this study was to ascertain how pelvic tilt affects kinematic changes in the frontal and transverse planes in the hip and knee joints during a sit-to-stand task. For this study, 33 healthy participants (13 female) were recruited. Each participant rose from a sitting to a standing posture at his or her preferred speed for each of three different pelvic tilt trials (anterior, posterior, and neutral), and the measured angles were analyzed using a 3-D motion analysis system. A one-way repeated measure analysis of variance was performed with Bonferroni's post hoc test. In addition, an independent t-test was carried out to determine the sex differences in hip and knee joint kinematic changes during the sit-to-stand tasks. The results were as follows: 1) The hip and knee joint angle in the frontal and transverse planes showed a significant difference between the different pelvic tilt postures during sitting in the pre-buttock lift-off phase (pre-LO) (p<.05). Compared to the posterior pelvic tilt posture, the anterior pelvic tilt posture involved significantly greater hip joint adduction and internal rotation, knee joint adduction, and reduced internal rotation of the knee joint. 2) Sex differences were found with significant differences for males in the initial and maximal angles in the frontal plane of the hip and knee joint (p<.05). Females had a significantly smaller initial abduction angle of the hip joint and a significantly greater maximal angle of the hip adduction joint. These results suggest that selecting a sit-to-stand exercise for pelvic tilt posture should be considered to control abnormal movement in the lower extremities.

This study aimed to evaluate factors related to the ability of ambulatory patients with cerebral palsy (CP) to walk over vertical and horizontal obstacles. Twenty patients with spastic CP who were able to walk independently for at least 10 m with or without walking devices were recruited for the study. Participants were required to walk over small obstacles (1, 4, and 8 cm in height or width; total of 6 conditions). A 'fail' was recorded when either the lower limbs or the walking device contacted the obstacle. Linear regression analyses were used to determine the effects of age, sex, walking devices, eyeglasses, subtype (hemiplegia or diplegia), ankle foot orthoses, functional level, and score of body mass index on the ability of obstacle crossing. Fifteen participants (75%) failed to adequately clear the foot or walking device over obstacles in at least 1 condition. The chance of failure in crossing vertical obstacle was affected by the use of ankle foot orthoses, eyeglasses, gender, and CP subtype (p<.05). The failure rate crossing horizontal obstacle was affected by CP subtype. These findings suggest that rehabilitation procedures should (1) consider the clinical characteristics of patients in order to prepare them to be more independent while performing daily activities, and (2) incorporate environmental conditions that patients encounter at home and in the community.

Abdominal muscle plays a crucial role in postural control and respiration control. However, thickness of abdominal muscle in the paretic side of a hemiplegic patient has not been reported in previous studies. The purpose of this research was to compare lateral abdominal muscle thickness between the nonparetic and paretic side in patients with chronic stroke using rehabilitative ultrasound imaging. Twenty two patients with chronic stroke participated in this study. Absolute thickness of transversus abdominis (TrA), internal oblique (IO) and external oblique (EO) was measured at the end of inspiration and expiration during quiet breathing, and relative thickness was calculated (thickness of each muscle as a percentage of total muscle thickness). Ultrasound imaging was recorded three times and the average value was determined for statistical analysis. Differences in absolute and relative lateral abdominal muscle thickness between the nonparetic and paretic side were assessed with paired t-tests. Absolute muscle thickness of the paretic side TrA was thinner than that of the nonparetic side at the end of inspiration and expiration during quiet breathing. Relative muscle thickness of the paretic side TrA was thinner than the paretic side only at the end of expiration during quiet breathing (p>.05). Therefore, it is necessary to strength TrA in patients with chronic stroke during physical therapy intervention. Further study is needed whether physical therapy intervension will induce TrA thickness in patients with chronic stroke in prospective study design.

The effects of an abdominal drawing-in maneuver (ADIM) using a pressure bio-feedback unit (PBFU) were compared to the effects of a pelvic belt (PB) on the muscle activities of the hip and back extensor muscles during hip extension in the prone position. Fifteen healthy male participants all performed prone hip extensions under three conditions: 1) preferred hip extension (PHE), 2) performing an ADIM, and 3) using a PB. The muscle activities of the erector spinae, the gluteus maximus, and the medial hamstring on the right side were recorded by surface electromyography. The muscle activity of the erector spinae was significantly lower while performing an ADIM during prone hip extension than during PHE or with a PB (p<.05). Gluteus maximus muscle activity was significantly higher while performing an ADIM (p<.05). No significant difference was found for the medial hamstring muscle among the three conditions (p>.05). We concluded that the internal stabilization of the pelvis and lumbar spine afforded by the ADIM using a PBFU could be more effective than the external stabilization provided by a PB in terms of increasing selectively gluteus maximus activation during prone hip extension.

[ LaMeO3 ](Me = Cr, Co) powders were prepared using the polymeric precursor method. The effects of the chelating agent and the polymeric additive on the synthesis of the LaMeO3 perovskite were studied. The samples were synthesized using ethylene glycol (EG) as the solvent, acetyl acetone (AcAc) as the chelating agent, and polyvinylpyrrolidone (PVP) as the polymer additive. The thermal decomposition behavior of the precursor powder was characterized using a thermal analysis (TG-DTA). The crystallization and particle sizes of the LaMeO3 powders were investigated via powder X-ray diffraction (XRD), field emission scanning electron microscopy (FE-SEM), and particle size analyzer, respectively. The as-prepared precursor primarily has LaMeO3 at the optimum condition, i.e. for a molar ratio of both metal-source (a : a) : EG (80a : 80a) : AcAc (8a) inclusive of 1 wt% PVP. When the as-prepared precursor was calcined at 700˚C, only a single phase was observed to correspond with the orthorhombic structure of LaCrO3 and the rhombohedral structure of LaCoO3. A solid-electrolyte impedance-metric sensor device composed of Li1.5Al0.5Ti1.5(PO4)3 as a transducer and LaMeO3 as a receptor has been systematically investigated for the detection of NOx in the range of 20 to 250 ppm at 400˚C. The sensor responses were able to divide the component between resistance and capacitance. The impedance-metric sensor for the NO showed higher sensitivity compared with NO2. The responses of the impedance-metric sensor device showed dependence on each value of the NOx concentration.

Cu(In, Ga)Se2 (CIGS) precursor films were electrodeposited on Mo/glass substrates in acidic solutions containingCu2+, In3+, Ga3+, and Se4+ ions at −0.6V (SCE) and pH 1.8. In order to induce recrystallization, the electrodepositedCu1.00In0.81Ga0.09Se2.08 (25.0at.% Cu+20.2at.% In+2.2at.% Ga+52.0at.% Se) precursor films were annealed under a highSe gas atmosphere for 15, 30, 45, and 60 min, respectively, at 500oC. The Se amount in the film increased from 52at.% to62at.%, whereas the In amount in the film decreased from 20.8at.% to 9.1at.% as the annealing time increased from 0 (as-deposited state) to 60 min. These results were attributed to the Se introduced from the furnace atmosphere and reacted withthe In present in the precursor films, resulting in the formation of the volatile In2Se. CIGS precursor grains with a cauliflowershape grew as larger grains with the CuSe2 and/or Cu2-xSe faceted phases as the annealing times increased. These faceted phasesresulted in rough surface morphologies of the CIGS films. Furthermore, the CIGS layers were not dense because the emptyspaces between the grains were not removed via annealing. Uniform thicknesses of the MoSe2 layers occurred at the 45 and60 min annealing time. This implies that there was a stable reaction between the Mo back electrode and the Se diffused throughthe CIGS film. The results obtained in the present research were sufficiently different from comparable studies where therecrystallization annealing was performed under an atmosphere of Ar gas only or a low Se gas pressure.

Microelectromechanical systems (MEMS)-fabricated suspended devices were used to measure the in-plane electrical conductivity, Seebeck coefficient, and thermal conductivity of 304 nm and 516 nm thick InGaAlAs films with 0.3% ErAs nanoparticle inclusions by volume. The suspended device allows comprehensive thermoelectric property measurements from a single thin film or nanowire sample. Both thin film samples have identical material compositions and the sole difference is in the sample thickness. The measured Seebeck coefficient, electrical conductivity, and thermal conductivity were all larger in magnitude for the thicker sample. While the relative change in values was dependent on the temperature, the thermal conductivity demonstrated the largest decrease for the thinner sample in the measurement temperature range of 325 K to 425 K. This could be a result of the increased phonon scattering due to the surface defects and included ErAs nanoparticles. Similar to the results from other material systems, the combination of the measured data resulted in higher values of the thermoelectric figure of merit (ZT) for the thinner sample; this result supports the theory that the reduced dimensionality, such as in twodimensional thin films or one-dimensional nanowires, can enhance the thermoelectric figure of merit compared with bulk threedimensional materials. The results strengthen and provide a possible direction in locating and optimizing thermoelectric materials for energy applications.

Al2TiO5 has a high refractive index and good solubility of the chromophore in the Al2TiO5 lattice, which allowsthis structure to be a good candidate for the development of new ceramic pigments. However, pure Al2TiO5 is well knownto decompose on firing at 900~1100oC. However, this process can be inhibited by the incorporation of certain metal cationsinto its crystalline lattice. In this study, the synthesis of gray ceramic pigment was performed by doping cobalt on the Al2TiO5crystal structure. The Al2TiO5 was synthesized using Al2O3 and TiO2, and doped with Co3O4 as a chromophore material. Inorder to prevent the thermal decomposition during the cooling procedure, MgO was added to samples by 0.05mole, 0.1mole,and 0.15mole as a stabilizer. The samples were fired at 1500oC for 2 hours and cooled naturally. The crystal structure, solubilitylimit, and color of the synthesized pigment were analyzed using XRD, Raman spectroscopy, UV, and UV-vis. Al2O3 wasavailable for the formation of CoAl2O4, which should also be considered in order to explain the small amount of this phasedetected in the sample with the higher Co2+ content (≥0.03mole). It was found that the solubility limit of Co2+ in the Al2TiO5crystal was 0.02mole% through an analysis of Raman spectroscopy. Through the addition of a pigment with 0.02mole% ofCo2+ to lime-barium glaze, stabilized gray color pigments with 66.54, −2.35, and 4.68 as CIE-L*a*b* were synthesized.

Nano-sized Y2O3 powders were prepared via a sol-gel method starting with Y(NO3)3·6H2O (Yttrium(III) nitrate hexahydrate) and water with ethanol as a cosolvent. Y2O3 is an important rare earth oxide and has been considered for use in nuclear applications, such as ceramic materials, due to its excellent optical and refractory characteristics. It has been used as a chemically stable substrate, a crucible material for melting reactive metals, and a nozzle material for jet casting molten rare earth-iron magnetic alloys. Oxalic acid (C2H2O4) has been adopted as a chelating agent in order to control the rate of hydrolysis and polycondensation, and ammonia was added in order to adjust the base condition. The synthesized Y2O3 powder was characterized using TG/DTA, XRD, FE-SEM, BET and Impedance Analyzer analyses. The powder changed its properties in accordance with the pH conditions of the catalyst. As the pH increases according to the FE-SEM, the grain grew and it showed that the pore size decreased while confirming the effect of the grain size. The nano-material Y2O3 powders demonstrated that the surface area was improved with the addition of oxalic acid with ammonium hydroxide.

The crystal structure and magnetic properties of a new solid solution type ferrite (Fe2O3)5-(Al2O3)3.4-(Ga2O3)0.6-SiO were investigated using X-ray diffraction and Mössbauer spectroscopy. The results of the X-ray diffraction pattern indicated that the crystal structure of the sample appears to be a cubic spinel type structure. The lattice constant (a = 8.317 Å) decreases slightly with the substitution of Ga2O3 even though the ionic radii of the Ga ions are larger than that of the Al ions. The results can be attributed to a higher degree of covalency in the Ga-O bonds than in the Al-O and Fe-O bonds, which can also be explained using the observed Mössbauer parameters, which are the magnetic hyperfine field, isomer shift, and quadrupole splitting. The drastic change in the magnetic structure according to the Ga ion substitution in the (Fe2O3)5(Al2O3)4-x(Ga2O3)xSiO system and the low temperature variation have been studied through a Mössbauer spectroscopy. The Mössbauer spectrum at room temperature shows the superpositions of two Zeeman patterns and a strong doublet. It shows significant departures from the prototypical ferrite and is comparable with the diluted ferrite. The doublet of spectrum at room temperature appears to originate from superparamagnetic clusters and also the asymmetry of the doublet appears to be caused by the preferred orientation of the crystallites. The Mössbauer spectra below room temperature show various complicated patterns, which can be explained by the freezing of the superparamagnetic clusters. On cooling, the magnetic states of the sample were various and multi critical.

In this study, chemical bath deposited (CBD) indium sulfide buffer layers were investigated as a possible substitution for the cadmium sulfide buffer layer in CIGS thin film solar cells. The performance of the In2S3/CIGS solar cell dramatically improved when the films were annealed at 300˚C in inert gas after the buffer layer was grown on the CIGS film. The thickness of the indium sulfide buffer layer was 80 nm, but decreased to 60 nm after annealing. From the X-ray photoelectron spectroscopy it was found that the chemical composition of the layer changed to indium oxide and indium sulfide from the as-deposited indium hydroxide and sulfate states. Furthermore, the overall atomic concentration of the oxygen in the buffer layer decreased because deoxidation occurred during annealing. In addition, an In-thin layer was inserted between the indium sulfide buffer and CIGS in order to modify the In2S3/CIGS interface. The In2S3/CIGS solar cell with the In interlayer showed improved photovoltaic properties in the Jsc and FF values. Furthermore, the In2S3/CIGS solar cells showed higher quantum efficiency in the short wavelength region. However, the quantum efficiency in the long wavelength region was still poor due to the thick buffer layer.

The industrial manufacturing of YSZ products can be summarized as a three step process: a) hydrolysis of zirconyl chloride and mixing of other solutions, b) precipitation, and c) calcination. The addition of ammonia or OH- is essential in the precipitation process. However, a strong agglomeration was observed in the results of an ammonia or OH- addition. Thus, it is necessary to disperse the powders smoothly in order to improve the mechanical strength of YSZ. In this study, YSZ was synthesized using the urea stabilizer and hydrothermal method. YSZ powders were synthesized using a hydrothermal method with Teflon Vessels at 180˚C for 24 h. The mole ratio of urea to Zr was 0, 0.5, 1, and 2. The crystal phase, particle size, and morphologies were analyzed. Rectangular specimens (33 mm×8 mm×1±0.5 mm) for three-point bend tests were used in the mechanical properties evaluation. The crystalline of YSZ powders observed a tetragonal phase in the sample with a ratio of Zr:urea = 1:2 addition and a hydrothermal reaction time of 24 h. The average primary particle size of YSZ was measured to be 9 nm to 11 nm. The agglomerated particle size was measured from 15 nm to 30 nm. The three-point bending strength of the YSZ samples was 142.47 MPa, which is the highest value obtained for the Zr:urea = 1:2 ratio addition YSZ sample.

Pt nanoparticle catalysts incorporated on RuO2 nanowire support were successfully synthesized and their electrochemical properties, such as methanol electro-oxidation and electrochemically active surface (EAS) area, were demonstrated for direct methanol fuel cells (DMFCs). After fabricating RuO2 nanowire support via an electrospinning method, two different types of incorporated Pt nanoparticle electrocatalysts were prepared using a precipitation method via the reaction with NaBH4 as a reducing agent. One electrocatalyst was 20 wt% Pt/RuO2, and the other was 40 wt% Pt/RuO2. The structural and electrochemical properties of the Pt nanoparticle electrocatalysts incorporated on electrospun RuO2 nanowire support were investigated using a bright field transmission electron microscopy (bright field TEM), X-ray diffraction (XRD), X-ray photoelectron spectroscopy (XPS), and cyclic voltammetry. The bright field TEM, XRD, and XPS results indicate that Pt nanoparticle electrocatalysts with sizes of approximately 2-4 nm were well incorporated on the electrospun RuO2 nanowire support with a diameter of approximately 50 nm. The cyclic voltammetry results showed that the Pt nanoparticle catalysts incorporated on the electrospun RuO2 nanowire support give superior catalytic activity in the methanol electro-oxidation and a higher electrochemically active surface (EAS) area when compared with the electrospun Pt nanowire electrocatalysts without the RuO2 nanowire support. Therefore, the Pt nanoparticle catalysts incorporated on the electrospun RuO2 nanowire support could be a promising electrode for direct methanol fuel cells (DMFCs).

Tin (IV) dioxide (SnO2) has attracted much attention due to its potential scientific significance and technological applications. SnO2 nanoparticles were prepared under low temperature and pressure conditions via precipitation from a 0.1 M SnCl4·5H2O solution by slowly adding NH4OH while rapidly stirring the solution. SnO2 nanoparticles were obtained from the reaction in the temperature range from 130 to 250˚C during 6 h. The microstructure and phase of the synthesized tin oxide particles were studied using XRD and TEM analyses. The average crystalline sizes of the synthesized SnO2 particles were from 5 to 20 nm and they had a narrow distribution. The average crystalline size of the synthesized particles increased as the reaction temperature increased. The crystalline size of the synthesized tin oxide particles decreased with increases in the pH value. The X-ray analysis showed that the synthesized particles were crystalline, and the SAED patterns also indicate that the synthesized SnO2 nanoparticles were crystalline. Furthermore, the morphology of the synthesized SnO2 nanoparticles was as a function of the reaction temperature. The effects of the synthesis parameters, such as the pH condition and reaction temperature, are also discussed.

중국에서의 환경권에 관한 연구는 20세기 80년대초에 시작되었으며, 그후 개혁개방과 시장개발의 심화에 따른 환경문제의 악화로 점차 사회적 이슈와 학계의 큰 주목을 받게 되었다. 비록 개발위주의 국가정책의 영향하에 아직 헌법상 기본권으로 확립되지 못하였으나 환경권에 관한 연구는 부동한 시각에서 활발하게 전개되고 있다.환경권을 하나의 구체적인 권리로 인정할 경우, 그 권리주체나 내용 및 구제방식에 있어서 큰 논란이 있을 수 있다. 주목할 점은 중국에서 일부 학자(徐祥民)들은 환경권의 구체적 권리성을 비판함과 동시에 인류의 공동책무의 시각에서 그 义务性을 강조하고 있다. 환경권을 하나의 구체적인 권리로 인정할 경우, 과연 그 권리의 범위를 어디까지 한정할 것인지에 대하여 많은 논란이 있을수 있다. 예컨대,인류가 아닌 다른 생명체에게도 그 권리를 부여할 수 있는지? 또한 주관적인 권리만 보호되는 현행 법체계내에서 공익적인 생태계파괴나 훼손은 따로 보호될 방도가 없는 것도 권리중심적인 제도의 한계일것이다. 하지만 환경권을 구체적인 권리가 아닌 인류의 의무 또는 책무의 각도에서 접근할 때, 그 구체적인 실행과 이론구성에 많은 어려움이 있는 것도 사실이다. 보편적이고 도덕윤리적인 의무만을 강조할 때, 자칫하면 국가권력범위의 막연한 확대를 초래할 수 있다. 사실상 현재 중국에서는 환경공익의 보호라는 명분하에 정부의 관련 기관(예컨대 환경보호국)이나 검찰기관에서 제소권을 임의로 행사하고 있다. 결론적으로 중국에서 환경권을 하나의 구체적인 권리로 인정하기에는 법제도적으로 아직 불비한 점이 많다. 헌법이나 기타 관련 법률에서 환경권에 관한 포괄적인 규정을 둘 필요가 있으며, 권리구제면에서 원고적격의 범위를 보다 확대할 필요가 있다. 사적인 재산권이나 인격권에만 한정하지 않고 보다 공익적인 제도도입도 적극적으로 검토하고 실행할 필요가 있다.

산업기술의 부정한 유출을 방지하고 이를 보호하여 국내산업의 경쟁력을 강화하고 국가의 안전보장과 국민경제의 발전에 기여하고자 2007년 제정된 ｢산업기술의 유출방지 및 보호에 관한 법률｣의 개정안이 최근 국회에 제출되었다. 개정안에서는 산업기술의 정의와 국가핵심기술의 대상범위에 대한 모호성을 제거하고, 산업기술 침해행위에 대한 금지청구권을 신설하여 법 집행의 실효성을 제고하고자 하였다. 또한 산업기술보호위원회의 운영체계를 조정하여 실질에 맞게 정비하고자 하였다. 특히 이번 개정안은 외국인투자에 의한 국가핵심기술의 유출을 통제할 수 있는 최소한의 법적 근거를 마련하였다는 점에 큰 의미가 있다. 과거 수차례의 입법적 시도를 무산시켰던 투자위축에 대한 우려를 고려하여 동 개정안에서는 자율적 신고제를 원칙으로 하고, 그 대상을 국가로부터 개발지원을 받은 기술로 한정하였으며, 또한 산업기술보호위원회의 심의를 거치도록 하여 국가안보와 투자촉진이라는 상반된 이해관계를 적절히 조정하고 있다.이 글에서는 최근 국회 법사위에서 대안으로 의결된 개정시안을 중심으로 위에서 언급한 주요내용을 분석하고 있다. 또한 이 글은 동 개정안에서 미처 다루지 못했던 향후과제로서 처벌조항의 개선, 산업보안관리사제도 및 산업보안관리체계 인증제도의 도입, 그리고 국가핵심기술 사전판정제도의 도입에 관해 구체적인 제안하고 있다. 즉, 처벌조항과 관련해서는 현행법 제14조에서 위반행위에 대해 일괄적으로 법정형을 정하고 있는 문제점을 지적하고 입법체계상 경미한 침해행위부터 중대한 침해행위까지 행위유형별로 세분화된 법정형을 규정할 것을 제시하였다. 그리고 국회 논의과정에서 제외되었던 산업보안관리사 및 산업보안관리체계 인증제도의 경우 시장에서 이들 제도에 대한 수요가 여전히 존재하고 있으므로 추가적인 연구를 통해 보다 차별성 있는 제도로 거듭 발전시킬 것으로 제안하고 있으며, 끝으로 현행법은 국가핵심기술 자체를 지정할 뿐 이를 보유하고 있는 기관을 지정하지 않는다는 문제점을 고려하여 수범자가 스스로 국가핵심기술 보유기관에 해당하는지를 알 수 있도록 사전판정제도의 도입을 제안하고 있다.

2011년 3월 17일 대법원은 노동쟁의의 일환인 파업이 형법상 업무방해죄에 해당하는 가에 대해 종전의 견해를 일부 변경하는 취지의 전원합의체 판결(2007도482)을 내렸다. 이미 필자는 얼마 전에 동일한 주제에 대해 종전의 대법원의 판례를 비판하는 취지로 나름의 견해를 발표한 바 있다. 그런데 이번 대법원 판결에서 다수 의견은 종전 대법원 견해에서 전혀 나타난 바 없는 사유를 제시하면서, 이러한 경우에는 업무방해죄가 성립할 수 있다는 결정을 내렸는데, 이러한 새로운 사유는 어디서 비롯된 것인지 알 수 없을 뿐만 아니라, 업무방해죄에 관한 형법이론에서 대단히 이질적인 성격을 지니고 있는 것으로 보인다. 또한 이러한 다수의견을 비판하는 소수 의견 역시 매우 주목할 만하지만, 부적합한 논증방식을 사용하고 있는 것이 아닌가 하는 의문이 있다. 이번 전원합의체 판결에서는 이론적 접근의 시도조차 하지 않고, 법해석의 범주를 넘어서는 ‘전격성’이라는 전혀 새로운 사유를 제시하여 가벌성을 인정하고 있다는 점에서 문제의 소지가 많은 판결로 평가된다. 한 국가의 최종 유권적 법해석 기관으로서 대법원은 그 판결의 결과뿐만 아니라, 논리전개에 있어서도 설득력을 보여주어야만 한다는 점에서 여러모로 아쉬움이 많은 판결로 기억될 것이다.

인구노령화가 가속화됨에 따라 중국에서도 노령화에 따른 사회적 문제가 갈수록 심각해지고 있으며, 노인사회복지권익을 보장하고 사회적 참여를 적극 권장하는 관련 법적 제도를 정비하는 것이 급선무로 떠오르고 있다. 법적 체계나 기능 또는 규제면에서 볼 때, 노인권익보장법은 우선 노인의 “권익-복지-참여법”으로 간주할 수 있으며, 사회법의 범주에 소속된다. 따라서 노인권익보장법의 법적 성격을 “권리-책임과 의무법”과 “법률-도덕과 정책”으로 규명할 수 있다. 노인권익보장입법은 사회적 참여와 법적 권익보장의 조화를 추진해야 하며, 노인권익과 의무 및 책임의 상호적인 대응관계를 강화하고 정책, 법률 및 도덕의 상호적인 조화를 실현해야 한다. 노인권익보장입법은 또한 노인권익을 중심으로 “노인의 사회적 참여, 복지와 법적 권익-가족과 정부 및 사회적 책임과 의무-법률,정책 및 도덕”의 논리라인을 구축하고 사회적 약자에 대한 권익보장원칙과 사회형평원칙 및 의무-책임공동분담원칙에 따라 노인권익보장법을 주축으로 한 노인권익보장법률시스템과 노인권익보장제도시스템을 확립해야 할것이다.