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        검색결과 4,393

        321.
        2022.06 KCI 등재 구독 인증기관·개인회원 무료
        현재 세계적 추세는 동성간 결합관계를 합법화하고 있으나, 아직까지 우리나라에서는 합법화되지 못한 상황이다. 그로 인해 동성결합당사자는 법률적 보호를 받지 못하는 상태에 있다. 이는 민법상 권리의무에서의 배 제나 제한뿐만 아니라, 조세법상 불이익, 형사상의 제한, 사적 조직에서도 많은 제한을 받게 되었다. 이렇듯 한국에서의 동성결합은 인정되지 않으 나, 동성결합을 요구하는 거세지고 사회적 주목을 받는 이슈들이 나타나 고 있는 현 시점에서 본격적 논의의 필요성으로 우리나라와 가까이 있는 동아시아의 국가 중 지방자치단체에서 파트너십제도를 운영하는 일본과 최근 동성혼에 대해 허용한 대만과 태국의 동성혼 합법화에 관한 입법형 태, 그 내용, 과정 등을 살펴보았다. 일본의 경우는 동성혼을 허용하지 않고 있으나, 지자체별로 파트너십제 도를 운영하고, 각 지자체 별로 각기 다른 방식과 내용을 지니고 있다. 그렇지만 최근 여러 입법시도와 판례의 변화 등이 나타나고 있다. 그리고 대만은 지자체 별로 각기 다른 동성반려등록제도가 시행 중에 사법원의 위헌판결로 특별법을 제정하여 동성혼이 합법화되었다. 태국은 시민동반 자법의 제정으로 파트너십제도가 운영되고 있던 중 민상법개정으로 동성 혼이 합법화된 국가이다. 일본과 대만은 파트너십제도가 지자체에서 운영 된 것이고, 태국은 입법에 의하여 운영되고 있다. 그리고 대만의 동성혼 합법화는 위헌판결과로 특별법을 제정한 것이고, 태국은 국회가 민상법을 개정하여 동성혼 합법화를 이룩하였다. 이들 대부분은 인간의 존엄과 가 치, 행복추구권, 혼인의 자유, 평등권을 이유로 사법적 판단과 국회의 결 단을 한 것이다. 한국의 경우는 아직까지 본격적인 입법과 사법적 판단이 없는 상태이나 동성결합 허용에 대한 논의가 시작된 단계로 동성결합에 대한 긍정적인 사회적적 인식과 환경이 나타나면 중간형태인 파트너십제 도를 허용하여 운영하고, 향후 당사자들에게 더 많은 권리의무를 부여할 수 있도록 해야 할 것이다.
        322.
        2022.06 KCI 등재 구독 인증기관 무료, 개인회원 유료
        본 논문은 『시경(詩經)』의 작품을 ‘정변(正變)’의 관점에서 설명하려는 ‘풍아정변론 (風雅正變論)’은 어디에서 비롯되었으며, 아울러 정현(鄭玄)의 ‘정변’은 어떻게 형성되 었는가를 탐색하려고 시도하였다. 이를 위해서 『모시(毛詩)』 해석과 비교를 통하여 그 실마리를 찾으려 하였다. 정현은 어떤 방식으로 ‘정변’을 구분하였으며 모시해석 체계(모시해석체계)와는 어떻게 다른지, 『전(箋)』의 해석까지의 변화를 살펴봄으로써 이를 드러내 보고자 하였다. 『시경』의 작품을 ‘정변’을 통해 설명한 가장 빠른 시기 의 해석은 『모시서(毛詩序)』이고, 『풍(風)』과 『아(雅)』의 詩를 왕도흥쇠(王道興衰)에 따라 ‘정변’으로 시정(時政)의 善과 惡을 구분하였다. 유가 사상(儒家思想)을 이어받 은 漢儒는 통치에 대해서 역사적인 사실과 관련지어 是非를 판단하였다. 정현은 『序 』의 詩旨에 따라 ‘정변’을 구분하고 역사
        5,500원
        323.
        2022.06 KCI 등재 구독 인증기관 무료, 개인회원 유료
        성인지 감수성을 비롯하여 인권 감수성이 강조되고 있다. 이러한 의식의 변화에 맞게 최근 대학 내 인권 업무를 전담하는 인권기구의 도입이 법제화되었다. 학내 인권센터의 설치 및 운영이 대학의 의무가 된 것이 다. 하지만 대학 인권센터가 법에 따른 형식에 그치지 않고 실질적인 인권 전담 기구로서의 역할을 다하기 위해서는 적절한 조건이 충족되어야 할 것이다. 먼저 객관적·중립적인 인권침해 사건 처리와 관련하여 조직 상의 독립성과 함께 운영상의 독립성을 확보하는 것이 무엇보다 필요하다. 나아가 조직이 신설되는 만큼 이에 대한 적절한 예산 지원과 인력의 충원 역시 적극적으로 검토되어야 한다. 또한 학내 다른 유사 기구, 대표적으로 양성평등상담소와의 관계를 재정립함으로써 업무의 중복과 분절의 문제가 발생하지 않도록 하는 것이 바람직하다. 현재 인권센터 설치·운영 의무의 불이행에 대한 벌칙 규정은 존재하지 않는다. 이러한 점에서 대학 인권센터 법제화의 실효성을 담보하기 위한 방안으로써 인권센터에 관한 사항을 국가 재정지원 사업의 평가 항목으로 편성하거나 대학 알리미 사이트의 공시 항목으로 지정하는 것을 검토해 볼 수 있다.
        6,400원
        324.
        2022.06 KCI 등재 구독 인증기관·개인회원 무료
        유럽인권재판소는 개인정보보호와 관련한 판례에서 국가기관이 보유하 는 개인정보가 개인의 사생활 및 가족생활을 존중받을 권리 위반에 해당 하는지 여부를 결정함에 있어서 다음과 같은 기준을 제시한다. 즉, 문제 가 되는 정보가 어떠한 방식으로 수집되고 보유하게 되었는지, 해당 정보 가 녹음되었다면 그러한 녹음이 어떠한 방식으로 사용되고, 결과물이 입 수되었는지와 같은 녹음물의 성질 등 각 사안의 구체적인 정황을 충분히 고려해야 한다는 것이다. ⌜일반정보보호규정⌟(General Data Protecti on Regulation, GDPR)이 유럽연합(EU)에서 통과되어 2018년 5월 25 일자로 발효되었다. 이로써, EU에 있는 사람들과 관련된 정보를 다루거나 수집하는 경우에는 전 세계 어디 있는 기관이라도 정보보호의무를 부담하 며, 사생활보호 기준을 위반하는 경우에 상당한 금액의 과징금이 부과된 다. 이처럼, 세계의 개인정보보호법 발전을 유럽이 주도하고 판결을 통하 여 개인정보보호법 개정을 선도하고 있다. 이러한 시점에서, 유럽인권재판 소의 개인정보보호와 관련한 구체적인 판례에서의 동향을 살펴보는 것은 향후 우리나라 개인정보보호법의 발전 방향을 제시할 수 있다는 점에서 의미 있다고 생각된다. 유럽인권재판소에 개인정보보호와 관련한 여러 회 원국의 사례들이 있음에도 불구하고 우리나라에 많이 소개되지 않았다. 특히 우리나라에서는 개인정보보호법의 개정안이 논의되는 등 개인정보보 호와 관련한 법적 제도 마련에 활발한 논의가 진행 중이다. 그럼에도 불 구하고, 아직 우리나라 법원에 개인정보보호와 관련하여 특히 개인정보의 수집, 저장 및 사용, 공개, 접근 및 삭제와 같이 세부적인 상황에 관한 판 례가 많이 축적되지 않은 실정이다. 이러한 점을 고려한다면 유럽인권재 판소의 개인정보보호와 관련한 여러 회원국의 사례를 통하여 판례 동향을 연구하는 것은 향후 우리나라의 개인정보보호법의 개정 추진과 장차 나오 게 될 법원 판례에 시사점을 줄 수 있을 것이라고 기대한다.
        325.
        2022.06 KCI 등재 구독 인증기관 무료, 개인회원 유료
        The Act on the Punishment of Serious Accidents to Prevent Large-scale Disasters, including Ferry Sewol and Taean Thermal Power Plant, passed the National Assembly on January 8, 2021, and has been in effect since January 27, 2022. However, the law, in which the representative of the headquarters is unlimitedly responsible for each worker's accident, is somewhat unreasonable at a time when a company owns dozens to hundreds of construction sites due to the nature of the construction industry. I agree with the purpose of enacting the law to reduce chronic serious accidents at construction sites, but it is necessary to carefully reconsider the implementation of the law in that punishment alone cannot achieve industrial safety. Previous studies focused on revising the Occupational Safety and Health Act, but there are few studies on the impact on the construction industry after the implementation of the Serious Accident Act. Therefore, this study attempts to derive problems related to the application of the Serious Accident Act and present improvement measures. To this end, after analyzing previous studies, SWOT analysis was performed by applying the Delphi method to derive strengths, weaknesses, opportunities, and threats. In addition, the results of two surveys of safety experts such as public institutions, academia, and companies were reflected, and its countermeasures were presented as follows. S/O strategy: establishing on-site execution capabilities of health and safety management system; W/O strategy: expanding legal and system execution checks; S/T strategy: establishing a risk response system; W/T strategy: expanding consulting by external specialized institutions
        4,200원
        326.
        2022.06 KCI 등재 구독 인증기관·개인회원 무료
        2005년 1월 1일 증권관련집단소송법이 시행된 후 17년이 경과하는 동 안 우리나라에서 제기된 증권관련집단소송은 총 9건이다. 이는 지난 17년 동안 현격히 성장한 주식시장에서 주식불공정거래행위가 날로 증가하고 있는 상황에서 증권관련집단소송제도가 입법취지에 맞게 다수의 소액 투 자자의 권리구제를 위한 제도로 원활하게 이용되지 못하고 있는 것을 보 여주는 것이다. 이 글은 증권관련집단소송제도의 개선방안을 도출하기 위하여 제도의 도입시 입법모델이 되었고 증권집단소송이 현재까지 가장 활발히 이용되 고 있는 미국 증권집단소송의 최근 현황 및 주요 사례를 면밀히 검토해 봄으로써 그 시사점을 찾아보고자 한다. 미국의 증권집단소송의 최근 현황은 과거 20여년간의 증권집단소송 제 기 건수, 소송 관련 회사의 시가총액 변동, 증권집단소송의 청구 원인, 전 체 상장회사 수 대비 피소 회사 수의 비율, 각하․화해 등 증권집단소송의 진행 경과, 종결까지의 경과 시간 추이, 소송허가신청 처리 현황 및 소요 시간, 화해 종결 건 수 및 화해액 등을 기준으로 상세히 분석하였다. 또한 미국 증권집단소송의 주요 사례로는 Enron 사건, WorldCom 사 건, Basic Inc. v. Levinson, Dura Pharmaceuticals, Inc. v. Broudo, Tellabs, Inc. v. Makor Issues & Rights, Ltd. 등 증권집단소송 관련 규정에 대한 중요 해석기준을 제시해 준 사건들을 중심으로 구체적인 사 실관계, 소송의 진행내역, 결과 및 시사점 등을 검토해 보았다.
        327.
        2022.06 KCI 등재 구독 인증기관 무료, 개인회원 유료
        Shuowen Jiezi compiled by XU Shen is the first dictionary in China to systematically explain meaning of character, decompose font and distinguish pronunciation of words. The book shows a variety of Chinese fonts before the Eastern Han and records ancient sound materials and culture of Chinese character. Scholars of all dynasties attaches great importance to Shuowen Jiezi after the publication of Shuowen Jiezi. A lots of classic ancient works regard the explanatory notes of Shuowen Jiezi as an important basis, and quote the content of Shuowen Jiezi to annotate has become a common method of academic research. Analysising and Researching content of the materials quoted from Shuowen Jiezi in all kinds of literature is helpful to explore the original appearance of Shuowen and the development law of Chinese characters. Wuche Yunrui is a non-official encyclopedias book compiled by Ming’s historian LING Zhilong which collected and collated classic words, poems and allusions to become an important tool for ancient literary creation to select words and allusions and rhyme couplets. Arrangement of Wuche Yunrui is following the rhyme. That is each word and allusion is collected into each rhyme according to the rhyme at the end of the word, and fully explainning the meaning, pronunciation and font of the first word of each rhyme. Wuche Yunrui widely quotes many ancient literatures and materials such as Shuowen Jiezi, Erya, Shiming, Guangyun, Yupian, Jiyun to definite the first word of rhyme, among which quotes the most from Shuowen Jiezi. This study takes definition content of Shuowen Jiezi quoted by Wuche Yunrui as the research object. On the basis of exhaustively collecting the definition materials of Shuowen quoted by Wuche Yunrui, taking current version of XU Xuan’s Shuowen Jiezi as the comparison object, the paper compares the definition materials of Shuowen quoted by Ling Zhilong’s Wuche Yunrui with current version of XU Xuan’s Shuowen Jiezi, corrects the errors and omissions of this two books, analyzes the reasons for the different definitions, and finds out meaning evolution process and law of Chinese characters.
        5,200원
        330.
        2022.05 KCI 등재 구독 인증기관 무료, 개인회원 유료
        Background: As South Korea enters an aged society, the government has emphasized the need for a soft landing of the older adults into the community after the acute and recovery periods under a national policy of “community care.” However, the institutionalization of community rehabilitation services to implement this is insufficient. Japan had already entered an aged society when the Long-Term Care Insurance System was introduced in 2000. Thus, the case of Japan’s institutionalization of the system is expected to have implications for us in supplementing a suitable system for the aged society. Objects: This study compared the institutionalization process of the Long-Term Care Insurance System in South Korea and Japan and the services currently being implemented in each country. Methods: To examine the institutionalization process and services of the system, related legal rules and regulations, government reports, and articles were reviewed. To examine the operation status of the system, statistical data provided by each country’s government were analyzed. Results: Japan recognized the importance of community rehabilitation even before the enactment of Long-Term Care Insurance. Thus, community rehabilitation services, such as homevisit rehabilitation and health facilities, were already stipulated in the law. Under such institutional legacy, Long-Term Care Insurance was able to establish a service system, which balanced welfare and health-related services, including various types of services with enhanced rehabilitation functions. In South Korea, rehabilitation policies were not much considered in the process of institutionalizing the system; thus, it was composed mainly of services focusing on care and recuperation. Conclusion: In order to realize community care, rehabilitation services need to be developed in Long-Term Care Insurance System in various forms such as home-visit services, daily services, short stay, and facility services.
        4,300원
        331.
        2022.05 구독 인증기관 무료, 개인회원 유료
        The power of legacy media originated from material foundations, not contents. Legacy media has exercised its power through the control of means of publishing, namely rotary machines. Article 21 (3) of the Constitution reflects this. It states that “The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by Act.” In the past, newspapers controlled production of information, publication of article, and distribution of newspaper. However, as big technology corporations virtually monopolized the news publishing and distribution process, the nature of legacy media has changed to be in charge of only production of information. The Constitutional Court of the Republic of Korea concluded, “Media diversity is an indispensable premise for democratic society based on pluralism.” However, as big technology corporations and algorithms intervened in news distribution, the market for diversity of opinions market has collapsed. The monopoly of the algorithm’s distribution of articles is unconstitutional. In order to realize diversity of public opinion in a new media environment, regulation must target an algorithm not a rotary press.
        4,200원
        332.
        2022.05 구독 인증기관 무료, 개인회원 유료
        Not disclosing or inadequate disclosing of material relationship between an influencer and an advertiser(brand) when the influencer is paid or provided with any benefit by the advertiser to create contents including endorsement or testimonial could lead to a type of unfair advertising prohibited by the Act on Fair Labeling and Advertising as a deceptive advertising. The Act only contains provisons that impose penalty surcharges on business entity and business entities’ organization and accordingly amendments were proposed which include articles imposing influencers sanction such as penalty surcharges and administrative fine for inadequate disclosure of material relationship with advertisers on their endorsement or testimonial. In this context, a review on constitutional legitimacy of such sanction on an influencer based on international regulation trends is called for. As a new kind of advertisement emerges in which commercial and non-commercial speech are mixed and it is difficult to discern between the two, the ground of more lenient and relaxed judicial review standard the Constitutional Court has been applied to decision on legitimacy of restrictions to commercial advertisement is weakening. Subtle marketing using influencers’ endorsement and testimonial lacking appropriate disclosure of material link to advertisers is also an example of the novel advertising expression. Even if the more lenient approach as well as the original proportionality test is applied, there is little room for constitutional justification of sanctions against individual influencers for inadequate disclosure because the sanctions is more extensive than is necessary to achieve the goal of legislation and the additional burden imposed on individuals is greater than the public interest promoted by the introduction of sanctions. It is also difficult to justify sanctions on individual influencers in terms of the Void for Vagueness doctrine. Rather than introducing sanctions on influencers not disclosing conspicuously, alternatives like means of securing voluntary regulatory compliance(commitments decision), activating civil damages claim and development of contractual provisions influencers should comply with, and use of self-regulatory code of conduct and self-regulatory review board are the solutions which is more constitutionally justifiable and more consistent with regulatory trends for inadequate disclosure in influencers’ endorsement and testimonial.
        5,400원
        333.
        2022.05 구독 인증기관 무료, 개인회원 유료
        A trademark parody is a ridicule, criticism, or satire of an idea related to a registered trademark or indication of goods or services. Traditionally, parody issues have been discussed more in the context of copyright than trademark, and there have been frequent lawsuits regarding trademark parodies around the world. A few countries have recognized the social significance of trademark parodies and, therefore, have sought protection for their use via legislation or judicial precedents. However, it is debatable whether a parody of a well-known trademark —one that has become famous through years of trademark management and capital investment— results in its dilution. Moreover, some users of trademark parodies in Japan file trademark applications to the Japan Patent Office (JPO) in order to distinguish their goods and/or services from the competition. Therefore, it is equally important to discuss whether the use of trademark parody and grant of exclusive rights through trademark registration are acceptable. As there is no legal precedent for trademark parody use in Japan, the legal systems and cases related to trademark parody use in the United States, Germany, France, and Korea were examined. When the laws, regulations, and case studies of each country are organized, the following common points are observed: (1) in the case of a successful trademark parody —that is, even when associated with the original trademark, the trademark parody, which intentionally shows that it is not a good or service related to the original trademark, and adds a new form of message of satire, ridicule, joke, etc.— there is no possibility of confusion between the parody and the original, well-known trademark; (2) infringement is likely to be affirmed if the trademark parody causes dilution due to tarnishment or pollution; and (3) infringement is likely to be denied for non-commercial parodies. However, each country has different judgments regarding the acceptability of dilution due to blurring or commercial parodies. Recently, in the United States and Europe, not only copyright parodies but also trademark parodies have been allowed. The study examined the admissibility of trademark parody under Japanese law and found that the use of a successful trademark parody is allowed in the country. In other words, according to the current Japanese Trademark Law and Unfair Competition Prevention Law, in the case of a successful trademark parody, the similarity of marks and the likelihood of confusion with the original, well-known trademark is likely to be denied and does not correspond to infringement. Additionally, even when it is considered an act of unfair competition under Article 2, Paragraph 1, Item 2 of the Unfair Competition Prevention Law because of the dilution of a well-known trademark, it should be permitted in order to protect the freedom of expression. Furthermore, in Japan, the use of the trademark parody itself sometimes does not correspond to its use as a trademark or an indication of goods or services, which is a precondition for infringement. On the other hand, regarding the registration of trademark parody, the study organized trial decisions and judicial precedents contesting the possibility of registration of trademark parody, which has been increasing in Japan, and examined the acceptability of registration of trademark parodies in Japan. Unlike the situation of use, the study concluded that it is appropriate to refuse trademark registration, even for successful trademark parodies. The reasons are as follows: (1) the registration of the trademark parody is not permitted in other countries; (2) the need to protect the freedom of expression is not crucial, but the disadvantages for the right holder of a well-known trademark are immense; (3) it is possible for parody trademark users to secure their own use and prevent the third party’s use even without registration; and (4) the Japan Patent Office has difficulty performing a uniform examination of parody trademarks. Furthermore, as for the grounds to refuse the registration of a trademark parody, it was proposed to prevent registration by applying the existing public order or morality provisions of Article 4, Paragraph 1, Item 7 of the Japanese Trademark Law, instead of legislative measures. Parody has long been popular for adding humor and satire using another person’s work. With the recent development of the Internet and social networks, the importance and frequency of parody is increasing. To respect the cultural values of parodies and achieve the purpose of trademark laws and unfair competition prevention laws—that is, industrial development and sound economic development—continuous research is required on the most appropriate methods for the use and registration of trademark parody.
        9,000원
        334.
        2022.05 구독 인증기관 무료, 개인회원 유료
        According to an analysis of a total of 270 judgments acknowledging the damages due to copyright infringement over the past four years from November 2017 to November 2021, the court applied Article 126 of the Copyright Act, accounting for about 85%, The lowest acknowledgment rate of about 80%. In particular, when the Plaintiff insisted on Article 125 (2) of the Copyright Act, the acknowledgment rate when the court accepted it and applied Article 125 (2) of the Copyright Act was the highest at 83%, while the acknowledgment rate when the court rejected it and applied Article 126 of the Copyright Act was the lowest. This may mean that if the Plaintiff asserts Article 125 (2) of the Copyright Act, the acknowledgment rate may vary depending on whether the court applies Article 125 (2) of the Copyright Act or Article 126. In addition, the fact that the court recently applied Article 126 of the Copyright Act to 85% of the judgments acknowledging infringement of copyright means that too many trials are calculated at the discretion of Article 126 of the Copyright Act. The fact that the court's acknowledgment rate is significantly lower than when Article 125 (1) or 125 (2) of the Copyright Act was applied means that the legislative purpose of Article 126 of the Copyright Act (to prevent a void in copyright protection by stipulating that damages for copyright infringement can be calculated at the discretion of judges if it is difficult to prove the amount of damage even under Article 125 of the Copyright Act) isn’t being realized properly, and in the end, it can mean that copyright protection through trial is not sufficient. And considering the influence of the judgment, it can mean that economic valuation of copyright in the copyright market can also be lowered. Therefore, this paper analyzed the judgement of “if it is difficult to calculate the amount of damage under Article 125” and then suggested analytical·legislative improvement methods when the court applying Article 126 of the Copyright Act. In order to ensure the predictability of whether it will be calculated under Article 125 (2) of the Copyright Act or under Article 126 of the Copyright Act, it is necessary to establish interpretation standards to ensure predictability of when Article 125(2) will be applied and Article 126 will be applied, and not only the decreasing factors but also the increasing factors needs to be considered more actively. In order to strengthen the objectivity of calculating the amount of damage under Article 126 of the Copyright Act, it is necessary to reflect in detail the factors based on the value evaluation method of copyright and the value evaluation result of the value evaluation model of the Korean Content Assessment Center. Legislatively, it is necessary to consider introducing the provisions of Article 114-4 of the Japanese Copyright Act for accurate and objective calculation of damages and the provisions of supporting professional members of the Japanese Copyright Act in order to effectively utilize Article 129-2 of the Copyright Act.
        7,000원
        335.
        2022.05 구독 인증기관·개인회원 무료
        As the plan for the nuclear dismantlement due to the permanent shutdown of Kori-1 and Wolseong- 1 nuclear power plants has been concretized, a “movable radionuclide analysis system” is being developed that can quickly and accurately analyze large amounts of radioactive waste generated on the sites during dismantling. This system has various advantages from the perspective of strict regulations on the radioactive waste movement and social acceptability, such as preventing unexpected accidents while moving on the national highway or expressway, reducing various documents and immediate response to dismantling plans. Currently the system is being developed to be equipped with previously developed sample pretreatment and radioactivity measuring equipment and automated volatile and nonvolatile nuclide separation equipments, but to ensure mobile stability, it needs to analyze factors and establish stability standards. In the KS Q ISO/IEC 17025:2017 standard, the requirements for “facilities and environmental conditions” are a very important factor in building reliability for consumers as part of the quality guarantee for this facility. In order to meet the requirements, the technical standards of various test equipment to be installed in this facility were investigated. The physical, chemical, and radiological hazards that could affect the safety of the equipment and workers in the process of moving the equipment between nuclear power plants or between nuclear dismantling sites were derived from vibrations, rapid changes in temperature and humidity, and the spread of contamination from radioactive waste samples. Therefore, the scope of application of the law, which is the basis for securing stability during movement, was classified into two situations: movement from facility manufacturer to installation site (non-contaminated) and movement from primary to secondary use (contaminated). And in order to investigate the Nuclear Safety Act, enforcement ordinances, and radiation safety management, and to establish standards for packaging and transportation of radioactive materials, the results of transportation tests and transport details were compared and analyzed. Finally, the air suspension systems and the automatic temperature and humidity control devices were analyzed to establish standards for securing stability against the vibration and the sharp changes in the temperature and humidity, and countermeasures such as accident measures in accordance with the Enforcement Decree of the Nuclear Safety Act were also investigated.
        336.
        2022.05 구독 인증기관·개인회원 무료
        It has been discovered that the isosaccharinic acid (ISA) formed in a cellulose degradation leachate were capable of forming soluble complexes with thorium, uranium (IV) and plutonium. Since 1993, the ISA has received particular attention in the literature due to its ability to complex a range of radionuclides, potentially affecting the migration of radionuclides. ISA is formed as a result of interactions between cellulosic materials within the waste inventory and the alkalinity resulting from the use of cementitious materials in the construction of the repository. In an alkaline cementitious environment, cellulose degrades mainly via a peeling-off reaction. The main degradation product is ISA, a polyhydroxy type of ligand forming stable complexes with tri- and tetravalent radionuclides. ISA can have an adverse effect on the sorption of radionuclides to an extent which depends on its concentration in the cement pore water and potentially enhance their mobility. The concentration of ISA is governed by several factors such as cellulose loading, cement porosity, extent of cellulose degradation, etc. The sorption of ISA on cement, however, is the process which governs the concentration of ISA in the pore water. According to the experimental result from a literature, the ISA concentration in facilities with a cellulose loading of 5% is calculated to be of the order of 10−4 M. At this level, the effect of cellulose degradation products on radionuclide sorption is negligibly small. Recently in Korea, cellulous limits as waste acceptance criteria is studying and planning to prepare the detailed requirement for near surface radioactive waste disposal facilities. It is desirable to suggest consideration on cellulose disposal limits around the time that the regulatory body and concern organizations establish the cellulose disposal limits as follows. Firstly, identify the cellulose effect on the sorption of the nuclides as cementitious disposal environments such as affected nuclides, threshold value and contribution to radiological risks under domestic disposal environment. Secondly, make sure and consider the difference between lab-scale experimental conditions and probability occurring in real disposal conditions such as probability for generation and persistence of pH in cellulosic material disposal conditions and cellulosic material disposal methods. Finally, consider characterization of cellulosic material such as polymerization, contents of cellulose in law material and time of degradation process. As a result, desirable cellulose limits are to set up for both safety and economic aspect.
        337.
        2022.05 구독 인증기관·개인회원 무료
        Gases such as hydrogen can generate from the disposal canister in high-level radioactive waste disposal systems owing to the corrosion of cooper container in anoxic conditions. The gas can be accumulated in the voids of bentonite buffer around the disposal canister if gas generation rates become larger than the gas diffusion rate of bentonite buffer with the low-permeability. Continuous gas accumulations result in the increase in gas pressure, causing sudden dilation flow of gases with the gas pressure exceeding the gas breakthrough pressure. Given that the gas dilation flow can cause radionuclide leakage out of the engineered barrier system, it is necessary to consider possible damages affected by the radionuclide leakage and to properly understand the complicated behaviors of gas flow in the bentonite buffer with low permeability. In this study, the coupled hydro-mechanical model combined with the damage model that considers two-phase fluid flow and changes in hydraulic properties affected by mechanical deformations is applied to numerical simulations of 1-D gas injection test on saturated bentonite samples (refer to DECOVALEX-2019 Task A Stage 1A). To simulate the mechanical behavior of microcracks which occur due to the dilation flow caused by increase in gas pressure, a concept of elastic damage constitutive law is considered in the coupled hydro-mechanical model. When the TOUGH-FLAC coupling-based model proposed in this study is applied, changes in hydraulic properties affected by mechanical deformations combined with the mechanical damage are appropriately considered, and changes in gas injection pressure, pore pressures at radial filters and outlet, and stress recorded during the gas injection test are accurately simulated.
        338.
        2022.05 구독 인증기관·개인회원 무료
        In April 2015, the government of the Republic of Korea and the United States of America signed a new Nuclear Cooperation Agreement (NCA). Subsequently, in April 2016, the Nuclear Safety and Security Commission (NSSC) of the ROK and the Department of Energy (DOE) of the US signed the Administrative Agreement (AA) under the new Nuclear Cooperation Agreement. Accordingly, when Korea imports items subject to the Korea-US agreement, it is required to determine the inventory of imported agreement items and notify the United States of the inventory amount every year. In addition, when re-exporting an agreement item to a third country, prior consent of the original exporting country (USA) must be obtained. Nuclear companies that import items subject to the Korea-US Atomic Energy Cooperation Agreement must report their inventory to the government every year, but the standards and procedures for managing the inventory are not clearly stipulated in the national law. This makes it difficult for the government to verify the adequacy of the report submitted by nuclear companies, adding to the administrative burden on both the government and the companies. Accordingly, it is required for the government to establish and operate a system for history management system for import and export items subject to the agreement so that related information can be recorded and managed at each stage, such as first import of items to Korea, generation, disposal, and exports to third countries. This system provides history management functions such as initial import information record for items imported through import/export procedures according to administrative agreements, change of owned company due to domestic movement, deletion of inventory due to loss/disposal, deletion of inventory due to export or addition of inventory due to derived materials. Through this system, operators can easily manage agreement items, and the government can obtain reliable information on agreement items in close to real-time. In addition, when this system applies to exports of items subject to the agreement, the number of items subject to the agreement exported by Korea can be provided first so that the importing country can more quickly check the items subject to the agreement. It is expected to contribute to securing control of the items subject to the agreement and reducing concerns over nuclear proliferation.
        339.
        2022.05 KCI 등재 구독 인증기관 무료, 개인회원 유료
        “A Concise History of International Law in China-Conflicts, Fusion, and Development” presents a panoramic view of international law in China. The book historically reviews the origin and development of international law in China, discusses China’s contribution to the theory and institutional innovation of contemporary international law, and looks forward to the future of international law in China and the world. More concretely, this book pays attention to the development history of China’s international law scholarship; closely follows the latest trends in China’s international law research; and guides further research. A careful review of the book will provide the readers with a panoramic view of the history of China’s international law. It is not only an important treatise on the history of international law in China but also an indispensable reference for theoretical and practical circles with bibliography.
        4,000원
        340.
        2022.05 KCI 등재 구독 인증기관 무료, 개인회원 유료
        Corporate Social Responsibility (CSR) means transnational corporations (TNCs) are responsible for not only the interests of their shareholders, but also the interests and welfare of the local community of the area in which they operate. Therefore, TNCs have to furnish the local community beneficial and social services voluntarily and free of charge to help the local community achieve sustainable development. A question may arise whether it is legally feasible to oblige these corporations to abide by social responsibility in oil and gas industry and its resources specially petroleum laws, regulations and contracts as well as international investment treaties. This article shows that basically CSR in oil and gas industry is voluntarily enforced by TNCs who perform it for non-binding and moral reasons. Nonetheless, in oil and gas industry and its sources especially petroleum laws and contracts, it is feasible to require TNCs to undertake CSR and various dimensions therewith.
        4,900원