The questionnaire survey was conducted on 225 farmers in Gyeonggi-do, Jeollanam-do and Jeollabuk-do. A total of 189 (84%) farmers responded. 72% of the respondents were males, 50.3% were aged 60 or older, and 51.3% had less than 5 years of farming experience. 78.8% of the respondents are pesticide-free, and 44.4% of respondents have less than 0.5 ha of farming scale. 61.4% of the cultivated crops were vegetable crops. The order of seeds and seedlings to buy was tomato (23.3%), cucumber (12.2%) and pepper (10.6%). The cost of purchasing seeds ranged from a minimum of 100,000 won to a maximum of 5 million won. 78.3% of respondents answered that they well-knew or knew about organic seeds. 78.3% of respondents answered that they knew or knew about organic seeds. Of the positive effects of mandatory use of organic seeds, 41.3% of respondents said they would increase confidence in organic certification. However, 41% of respondents who opposed the mandatory use of organic seeds said that “The strengthening of regulations will make organic agriculture more difficult.” When the use of organic seeds is mandatory, 43.4% of the respondents favor direct support for the purchase of organic seeds, which should be supported politically by the state. When organic seeds were supplied, the disease resistant seeds (53.4%) was the preferred characteristic of organic seeds. For the optimal price of organic seeds, 38.6% of respondents wanted the same price as the commercialized conventional seed. In this study, the questionnaire was conducted for three major organic farming regions, but many of the respondents were judged to have a legal position on the mandatory use of organic seeds. Therefore, the results of this study can be used as a basic data for reviewing the legislation on the organic seed production and distribution suitable for the situation of Korean organic farming.

Riverfront plays an important role as accessible and inclusive public space for residents, and a riverfront development and management has become a social and environmental issue. The purpose of this study is to analyze Korean legislation and guidelines applied in a riverfront assessment process to identify any legislative problems. To this end, major laws, regulations, national river management plans, and various guidelines related to river management were reviewed. The followings are the suggestions proposed for future improvement. First, clear and consistent definitions on riverfront areas and its spatial range are required across the laws. Also, recreational activities and facilities in riverfront should be categorized and listed for possible development and maintenance. Second, it is necessary to develop an objective and unified riverfront assessment system. Also, guidelines for surveying and evaluating the conditions and potentials of riverfront should be developed. Third, efforts should be made to revise related laws and guidelines to enable comprehensive and systematic approach in design, planning, implementation, maintenance of riverfront. Improving the related legislations and streamlining an riverfront assessment process can help create environmentally-friendly riverfront spaces and mange them efficiently

This study analyses the use of agri-environment concept in South Korean laws and tries to identify the limitations and improvements. The agri-environment has been used in the EU agricultural policy since the mid 1980s, and now became the most important policy in the rural development policy. It has been regarded as a concept explaining the various factors for agricultural production. However, the EU defines it as results of agricultural production which includes not only environmental and natural features but also social and historical resources in rural areas. This definition has played a key role in the 2013 reform of the CAP. Because many developed countries are implementing the agri-environmental policy, South Korea needs to introduce it soon. In doing so, this research explores how the current South Korean laws are dealing with the relationship between agriculture and environment. It reviews 34 laws in total and finds out neither act applying the concept of agri-environment, nor recognizing the role of agricultural production in biological and environmental conservation. Nevertheless, this research identifies that some acts could be a basis for introducing agri-environmental policy in South Korea if they may complement the interrelationship between the agricultural production and conservation of rural resources.

대한제국의 칙령은 입법체계상 법률의 위임에 의하여 제정되는 내각결정이나 명령, 훈령, 고시 등과 달리 대외적 구속력을 갖는 상위의 법규범이며 입법절차에서 법률보다 존중 되는 법규범이었다. 대한제국의 입법체계는 당시 일본의 법제와 대체로 동일하였다. 대한제국은 1900년 대한제국 칙령 제41호를 통해 대한제국의 영토관할권에 독도(석도)가 포함되어 있음을 국가의 대외적 의사표시를 하는 공식문서로서 관보를 통해 공포하였다. 대한제국의 입법체계와 절차를 규정한 법률로서 ‘공문식’에 따른 입법절차를 거쳐 제정되어 관보에 공포된 대한제국의 칙령 제41호는 법체계상 지방자치단체의 조례에 불과하며 국가적 의사 표시를 위한 공식문서인 관보에도 게시되지 않은 1905년 일본의 시마네현 고시보다 상위의 법체계상 지위를 가지고 있는 것이다. 또한 칙령 제41호는 독도를 새로이 대한제국의 영토로 편입하는 것이 아니기 때문에 울도군의 관할에 포함되는 독도(석도)에 대하여 별도의 지리적 위치 등에 대한 설명 없이 법률로 명시하였다. 칙령 제41호에 따른 관할권의 행사는 울도군 절목이라는 후속적 하위법령의 제정을 통해 세금의 징수라는 구체적이며 실질적인 방식으로 시행되었다. 칙령 제41호는 대한제국이 일본보다 먼저 서구적 근대법의 형식으로 독도에 대한 직접적 주권을 행사한 1차 증거로서 의미를 갖기 때문에 독도에 대한 영토주권의 근거로서 그 무게와 중요성이 더욱 강조되어야 할 것이다.

This article explores the questions regarding PND and PID, especially the concrete legal conditions for the justification of PND and PID. As such, the German law stipulating PND and PID in a very concrete and detailed manner is introduced and explained in comparison with the corresponding South Korean law. The South Korean Bioethics and Biosafety Act (BBA) stipulates various types of gene testing and does not demonstrate a delicate sense of each type of gene testing. In contrast to the South Korean regulation, in Germany, there exist specific regulations for genetic counseling. Especially in the case of PND, GEKO stipulates the process of genetic counseling very concretely, based on GenDG. In the case of PND and PID, it is important that the people concerned understand the meaning of testing in various angles, and restructuralize it by combining it with their own values as the diagnosis is directly combined with pregnancy/abortion, which influences the whole life of a woman (and her partner). In this context, the South Korean BBA needs to be amended as soon as possible. The sections on informed consent also need to be amended to make them more concrete. Furthermore, guidelines for concretizing the regulation of BBA need to be continuously formulated and developed.

As facilities performing the production, processing, preservation, and shipment of agricultural products; agricultural facilities are categorized into planting facilities and livestock facilities based on the management target. Agricultural facilities are set in farmlands, and facility users mainly complain about the legal or institutional restrictions on farm rather than their own facilities itself. From 2009 to 2012, the Ministry of Agriculture Food and Rural Affairs (MAFRA) published the "Casebook of farmer Complaints on Farmlands" in order to help answer farmers' questions and support public workers' workloads. However, contents related to agricultural facility installed in farmland are currently not dealt with in particular. Among agricultural facilities, demands of property rights with livestock facilities have risen due to construction permissions, operational restrictions, and high initial investment costs; and relevant laws were revised and are now being executed. However, for planting facilities such as mushroom facilities, ginseng facilities, and greenhouses; farmer complaints related to property rights are constantly increasing because revisions to relevant laws are not being made despite the rising diversity of construction materials through technical developments as well as the rising scale of assets-i.e. mechanization, automation, and the application of New Regeneration Energies according to capital influx. In this study, the current state of relevant agricultural facility legislation were organized and their drawbacks deduced in order to propose improvements of Agricultural Facility Legislation. The result of interviewing with public workers and farmers show that agricultural facilities should be regarded as extensions of farmlands rather than as facilities built in land where development actions were being taken. Alternatives able to reflect these opinions were suggested through expert consultation.

This study is designed to demonstrate reorganization of the social and religious time in the later Roman empire through legislation of Christian feasts by the Theodosian Code. It first examines the social rhythm of Roman society in the middle of the 4th century with recourse to the Codex-Calendar of 354. Then it proceeds to demonstrate how the imperial laws in the fourth and fifth centuries had changed traditional Roman time into Christian time. The legislation of Sundays/Lord’s days as feriae publicae introduced weekly holidays into Roman society. Subsequent laws designated Christian feasts such as Easter, Epiphany, and Christmas as public holidays, while they abolished feriae connected with pagan gods, thereby making them workdays. Creation of many imperial anniversaries may be understood as a process of modifying a pagan Roman society into a Christian one. Reorganization of the social time can also be seen in imperial legislation which prohibited spectacles on Christian feast days. Many imperial laws which abrogated pagan cults and superstitions and strove to preserve and keep spectacles demonstrate secularization of public entertainment. Furthurmore, prohibition of spectacles, even those linked to imperial anniversaries, on Christian feast days as well as conceptual distinction between “time for prayer” and “time for entertainment” displays a process of separation between religion and festivals. Other imperial laws emphasized humanitarian concerns on Christian feasts. They demanded Easter amnesty, prohibition of tortures during Lenten seasons, and visitation of prisoners on every Sunday. This study corroborates that the process of Christianization of the later Roman empire included reorganization of the social and religious time through imperial legislation.

본 연구는 기후변화로 인하여 발생하는 기상이변에 대응하기 위한 교통방재의 개념 및 역할을 정립하고, 국내외 교통방재 관련 법·제도의 사례검토를 통하여 재난발생시 신속하게 대응할 수 있도록 우리나라에 적합한 법·제도 개선방안 제시를 목적으로 한다. 이에 재난현황 분석 및 재난발생 사례검토 후 재난발생 대응체계의 문제점을 도출하고, 제도적 개선방안을 제시하는 단계로 연구를 수행한다. 제도적 개선방안으로 교통방재에 대한 법적근거 선정, 지자체내 교통방재 담당부서 설치, 관련 법령간의 유기적 연계방안 등을 제시하였다. 제시된 개선방안은 교통방재에 대한 법적 제안과 이를 담당하는 교통방재 담당부서의 설정과, 관련된 법령들 간의 유기적인 관계를 제시했다. 이를 통해서 재난 시 신속한 대처로 신체·생명 국가의 손실을 감소시키며 추가적인 피해를 방지할 수 있을 것으로 판단된다.

The case in this study has positive attitude in understanding the meaning of irresistible state when it comes to rape. This case offered explicit standard of cause and effect between the victim’s disability and irresistible state when offender is in charge of rape. When incidents occur, the victims are deemed able to make certain choices. Because their capacity is clearly vulnerable to external pressures and influences, and their ability to express that choice is undermined by imbalances of power in any given relationship. When the mental disabled victims do not understand what the sexual assault means exactly, it means that they do not have the power of sexual atonomy.

이 논문은 한국 게임법제의 변천과정을 분석하려는 목적으로 작성되었다. 이 논문에서 논의 되고 있는 유기장업 관리체제는 1973년 유기장법 시행규칙에서 시작하여 1999년에 까지 이르는 시기로 현행 게임법제의 태동기에 해당한다. 이 시기의 법적 규율은 유기장법, 유기장업법, 공중위생법을 거치면서 이루어졌다. 유기장업은 현행 법제의 체육시설업, 유원시설업, 게임제공업으로 분화되었는데, 유기장업 관리체제의 핵심은 현행 게임법제의 게임제공업이 이어받았다. 따라서 유기장업 관리체제 시기는 현행 게임법제의 근간이 형성된 시기라고 할 수 있다. 유기장업 관리체제의 두 핵심요소인 유기기구와 사행성의 분리 문제와 영업장소 규제의 문제는 현행 게임법제에서도 여전히 중요한 문제이다.