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        검색결과 4,411

        4242.
        2010.11 KCI 등재 서비스 종료(열람 제한)
        We presents a dynamic modeling of 4-wheel 2-DOF. WMR. The classic dynamic model utilizes a greatly simplified wheel motion representation and using of a simplified dynamic model confronts with a problem for accurate position control of wheeled mobile robot. In this paper, we treats the dynamic model for describes relationship between the wheel actuator force/torque and WMR motion through the use of Newton's equilibrium laws. To calculate the WMR position in real time, we introduced the Dead-Reckoning algorithms and the simulation result show that the proposed dynamic model is useful. We can be easily extend the proposed WMR model to mobile robot of similar type and this type of methodology is useful to analyze, design and control any kinds of rolling robots.
        4243.
        2010.11 KCI 등재 서비스 종료(열람 제한)
        시설물의안전관리에관한특별법이 1995년 제정된 이후 정밀점검 및 정밀안전진단을 실시하여 국가의 주요시설물의 안전 확보에 기여해 왔다. 그러나 관리주체의 안전등급 판정 개입, 안전진단전문기관의 저가수주, 진단기술력 부족 등으로 점검․진단의 실효성에 관한 의문이 꾸준히 제기되어 왔다. 이에 평가제도가 도입되어 부실 점검․진단 방지로서 역할과 기능을 하고 있지만, 앞으로 부실 점검․진단비율을 더 이상 낮아지기 힘들다는 의견이 대두되고 있다. 따라서 현행 평가제도와 부실 점검․진단비율에 대한 현황 분석을 실시하고, 부실 점검․진단으로 인한 국가적 손실비용을 추정함으로서 현행 평가제도 개선의 필요성과 당위성을 제시하고자 하였다.
        4244.
        2010.08 KCI 등재 서비스 종료(열람 제한)
        눈향나무(Juniperus chinensis var. sargentii Henry)는 누워서 자라는 상록침엽관목으로 수고 60 cm까지 성장한다. 지리적으로는 동북아시아에 한정되어 분포하는 수종이며, 우리나라에서는 고산지대의 산정부근에서만 극히 일부 자생하여 멸종의 위기에 직면하고 있는 위기종(Endangered species)으로 지정되어 보호되고 있다. 본 연구는 희귀수종 눈향나무의 유전자원보존을 위한 삽목증식법을 개발하기 위하여 삽목시기 및 발근촉진제의 종류별 농도에 따른 발근특성을 조사하였다. 삽목 발근율은 삽목시기와 발근촉진제의 종류 및 농도에서 각각 고도의 유의성이 인정되었다. 삽목은 8월보다 5월이 적정한 시기로 판단되었으며, 발근율과 발근특성을 고려한 발근촉진제의 종류 및 농도는 IBA 1000 mgL-1 처리하는 것이 발근율 36.4%(무처리 30.4%)로 캘러스 형성율이 높고 발근이 촉진되는 것으로 나타났다. 삽수의 발근에 따른 뿌리의 수, 길이 및 굵기에 대한 특성에서는 모두 발근촉진제의 종류 및 농도에 따른 통계적인 유의성이 인정되지 않았다.
        4245.
        2010.08 KCI 등재 서비스 종료(열람 제한)
        본 연구는 가지산의 관속식물상을 밝히고 주요 식물들의 분포를 조사하였다. 2006년 3월부터 10월, 2009년 3월부터 10월까지 총 12회에 걸쳐 수행되었다. 그 결과 관속식물은 106과 314속 503종 6아종 56변종 8품종으로 총 573분류군이 확인되었다. 그 중 산림청 지정 희귀식물은 10분류군, 한국 고유종은 20분류군이 조사되었다. 또한 환경부 지정 멸종위기야생식물은 3분류군, 식물구계학적 특정식물종은 64분류군, 국외반출 승인대상 식물에는 23분류군이 조사되었다. 한편 귀화식물은 22분류군으로 확인되었으며, 귀화율은 3.8%로 나타났다. 조사된 573분류군의 유용도는 식용이 217분류군(37.8%), 약용 181분류군(31.5%), 목초용 91분류군(15.8%), 관상용 86분류군(15%), 목재용 19분류군(3.3%), 섬유용 11분류군(1.9%) 그리고 공업용이 7분류군(1.2%)으로 나타났다.
        4246.
        2010.08 KCI 등재 서비스 종료(열람 제한)
        국제해사기구의 선박재활용 국제협약에서 쟁점이 되고 있는 부분을 연구하고, 해양경찰의 현 실태를 분석하여, 선박재활용 분야에서 해양경찰이 새로이 담당하여야할 업무 부분을 중심으로 국내법상 수용방안을 마련하는 것이 필요하다. 해양경찰은 해양환경의 보호와 직접적이면서도 밀접한 기능을 담당하고 있으므로, 해양경찰이 담당할 업무의 법적근거를 마련함으로써, 새로운 업무영역을 확보할 수 있을 뿐만 아니라 해양환경 분야에서도 중요한 역할담당자로서 자리매김 할 수 있을 것이다.
        4247.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        이 글은 연명치료의 중단에 관해 서로 상반된 결론을 내렸던 보라매병원 판결(대법원 2002도995)과 신촌세브란스병원 판결(대법원 2009다17471)이 전통적으로 의료사회를 지배했던 의사후견주의 혹은 가족주의적 후견주의의 이념을 어떠한 방식으로 수용하거나 변형 또는 거부하고 있는지를 분석한다. 보라매병원 사건에서 법원이 '의사'의 자연법적 의무를 강조한 것은 의사가 자연법 발견의 능력이 있음을 전제하는 전통적인 의사후견주의적 인식에서 출발한 것이긴 하
        4248.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        It follows in quality and sewage exclusion method of the investigation objective sector and the Combined Sewer Overflows which is suitable in regional characteristics and the confluence area against the rainfall initially a flow and the medulla and measurement - it analyzes the initial rainfall outflow possibility control plan which is suitable in the domestic actual condition and it proposes the monitor ring plan for the long-term flow and pollution load data accumulation. From the research which it sees the Infiltration water/Influent water and CSOs investigation it passes by the phase of hazard chain and Namwon right time 4 it does not hold reverse under selecting, Measurement it used the hazard automatic flow joint seal Sigma 910 machine and in case 15 minute interval of the I/I, it measured a flow at case 5, 15 minute standing of the CSOs. The water quality investigation for the water leakage investigation of the I/I and the sewage from the point which is identical with flow measurement during on-the-spot inspection duration against 6 items which include the BOD sampling and an analysis, when the rainfall analysis for CSOs fundamental investigation analyzed against 18 items which include the BOD sampling. Consequently, for the optimum interpretation invasion water / inflow water of the this investigation area day average․the lowest flow - water quality assessment veterinarian optimum interpretation hazard average per day - lowest flow - it averages a medulla evaluation law department one lowest flow evaluation technique and it selects, it presentation collectively from here it gets, position result with base flow analysis of invasion water / inflow water.
        4249.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        In the year of 2009, 346 criminal cases by the Korean Supreme Court are registered on the homepage of that court. 6 cases are decided by the counsel of all judge members, 3 cases of which were on the crimial procedure and the other 3 cases were on the criminal law. In this paper are reviewed some cases by the supreme court and 1 case by the constitutional court which seem to have theoretical or practical problems. The contents of this paper is as follows; Ⅰ. Introduction Ⅱ. The Cases relating to General Provisions of Criminal Law In this chapter, following cases are reviewed. Every Review is constituted as follows : (1)The fact of case, (2) The main point of case, (3) The note on case. 1. Supreme Court 2009. 9. 24. 2009도5302 2. Supreme Court 2009. 6. 11. 2008도11784 3. Supreme Court 2009. 6. 25. 2009도3505 4. Constitutional Court 2009. 6. 25. 2007헌바25 Ⅲ. The Cases relating to Individual Provisions of Criminal Law In this chapter, following cases are reviewed. Every review is constituted as follows : (1)The fact of case, (2) The main point of case, (3) The note on case. 1. Supreme Court 2009. 5. 14. 2009도1947, 2009전도5 2. Supreme Court 2009. 3. 26. 2007도3520 3. Supreme Court 2009. 9. 10. 2009도3580 4. Supreme Court 2009. 10. 29. 2009도5704 5. Supreme Court 2009. 8. 20. 2009도3452 6. Supreme Court 2009. 4. 9. 2009도128 7. Supreme Court 2009. 6. 25. 2008도3792 8. Supreme Court 2009. 5. 14. 2007도2168 9. Supreme Court 2009. 10. 15. 2009도7421 10. Supreme Court 2009. 2. 26. 2006도3119 11. Supreme Court 2009. 7. 23. 2009도3924
        4250.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        As crimes generating huge sum of benefit such as organized crimes, narcotic crimes, and pornography related crimes have been increasing, criminal special act intends to make a redemption for the benefits from criminal acts by the provisions of forfeit or additional collection. Generally, forfeit based on criminal law is characterized as security measure in that it prevents from keeping unlawful benefits by depriving criminals of profit from the wrongful acts. Therefore, when suspended sentence is added to the primary sentence, suspended sentence can be imposed to the additional collection. However, it is not available if it is not added to the primary sentence. Independent appeal on the additional collection is also impossible if there is no appeal for the final judgement. On the contrary, the additional collection from Act on the Control of Narcotics, etc, Customs Act, and Act on aggravated punishment, etc. of specific economic crimes is characterized as a punishment based on the fact of crime. However, in the targeted case, it is questionable that special laws consider the additional collection as punishment. Punitive additional collection is unfavorable to the offender because it can be imposed even though there is no actual benefit from the wrongful acts. Moreover, it is not reasonable to impose not only jointed additional collection based on civil law but also punishment. It is contradictory to the responsibility principle that criminal law calls for and the way of weighing of an offense. Additional collection to a person who simply transport or keep some goods, not to the person who obtain the goods, is not appropriate to the responsibility principle of criminal law. In this respect, the scope of the additional collection needs to be narrowed and it seems to be more reasonable to use the concept of deprivation of benefits from criminal acts.
        4251.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        The ruling that declared the restriction of right of arraignment according to exemption law is unconstitutional in case of grieve bodily harm regardless of light/heavy negligence poses several problems. This is especially the case in heavy negligence, but it is in overall problematic in execution levels if negligence is not considered. Even though heavy negligence is not seen as a weighing factor of professional negligence and instead either is seen as a weighing factor of normal negligence in criminal law, the ruling completely ignores this. It is also problematic in that heavy negligence is not a solid concept and leaves much to the judgement of the jury. In addition, the fact that decision of heavy negligence depends on doctor's opinion is also a problem. The unconstitutional declaration saw the exemption law as a violation of the equality rights, but it actually helps the people's convenience by speeding up the process of compensation, and the differentiation of death and heavy negligence is according to their inherent differences. The exemption law serves its purpose by transferring the loss of property of victims to the car insurance and preventing the mass production of ex-convicts.
        4252.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        Some appellate courts find facts using the pharase on their written judgments as “with the evidence which was legally examined and admitted by the lower court” or “with the evidence legally examined, admitted by the lower court.” However those kinds of expressions are inappropriate because those do not exactly describe the proceedings of examining eivdence made by lower courts. The lower courts, especially trial courts, admit evidences, such as testimonies of witnesses or protocols made by prosecutors, which are admissible under the criminal procedure law before they examine those evidences. So those expressions on the written judgment should be corrected into the phrases like “with the evidence which was legally admitted and examined by the lower court” or “with the evidence legally admitted, examined by the lower court.” Appellate courts should be careful about using the phrase, “as the record shows that ”, even though they … pronounce not guilty judgment because there are various kinds of documents in the court record. The evidence which is put in the court record and cited by the appellate court should be legally obtained and examined in the courtroom. If the appleallte court rules guilty judgment using that pharase even though there are illegally obtained or examined evidence in the court record, that judgment breaches evidence rules. To pronounce the guilty judgment, the appellate court should cite the evidences of the trial court which are legally admitted and examined. However the appellate courts should not find fact with no evidence on its written judgment, because fact finding shall be based on evidence(Article 307 of Korean Criminal Procedure Law).
        4253.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        The exclusionary rule is a judge-made doctrine that prohibits introduction of evidence obtained in violation of a defendant's Fourth, Fifth, and Sixth Amendment to the US Constitution. The Fourth Amendment to the US Constitution provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The exclusionary rule enforces this constitutional provision by excluding from the trial of a case any evidence that has been obtained by the government through means which violate the Fourth Amendment. The exclusionary rule operates as a bar to the use of evidence obtained as a result of an illegal search or seizure. The US courts have been reluctant to impose exclusion as a judicial remedy for a violation of a federal statute or regulation, or a Federal Rules of Criminal Procedure. The other major civilized country, such as UK, Canada, Japan, France, Italy, and Germany, also have their own exclusionary rule related with the improperly, illegally or unconstitutionally obtained evidence. The revised Code of Korean Criminal Procedure introduced the exclusionary rule of the US to the criminal justice system where Korean Supreme Court has been refusing to apply the rule to the material evidence which is obtained by the illegal search or seizure of the government. It provides that the evidence which is obtained by violating due process of law shall not be admitted. The admission of the evidence, in Korea, depends on whether the government followed the due process of law while the evidence that has been secured by violation of the constitutional right shall be excluded in US. In addition, the major opinion of Korean Supreme Court recently held that, in principle, the exclusionary rule should be applied to the material evidence if the evidence was obtained by the search or seizure process which did not follow the Korean Constitutional Law and Criminal Procedure Law. According to this ruling, there is a chance that the slight violation of the Criminal Procedure Code by investigative agents would result in exclusion. I disagree with this opinion of Korean Supreme Court because this opinion did not deeply considered the one of the goals in criminal procedure - the discovery of the truth. The standard of the exclusionary rule must be whether the illegality of government's violation is substantial or serious considering the spirit of due process of law. It was the minor opinion of that Supreme Court's ruling.
        4254.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        In this case, the Supreme Court of Korea gives very important opinion for the evidence law in general, ① Lowering of the probative power of the statesment in the protocol of investigative agent in the light of the weakness of the written record ② Unrecognizing the proof value of the statements where the cross-examination lacks. First, With indicating the inaccuracy of the record in the light of statements in fact, lowering of the probative power of the statesments in the protocol of investigative agent in general is inappropriate. In order to complement such a weakness, the law provide the strict provisions for the protocol drawing up. Furthermore, this kind of view falls into difficulty in answer to the question, “Can be the lowering problems all solved, if we, for the complement of such weakness, record the total statements or record them in tapes or video tapes?” This problem is not for statement in the protocol, but for the probative power of the out of court statement. Probative power is the thing which should be judged in each case individually with considering total situation with relation to the situation in which the statements were made, contents of the statements and comparison with other evidences. By the way, the problem of confrontation has important meaning from the new tendency which views the problem in other way than hearsay approach. But the method of the Court leads to the confusion with the meaning or the standard because of the termonology which the Court has used, that is , substantial proof value and inadmissible. Recently, the problem of confrontation is understood as a procedural right of the defendant in the criminal procedure and there is an American approach and a European Union approach. In my opinion, Considering our constitutional provision and criminal procedure, the European Union solution is proper. The admissiblity of the statements made in the situation in which the defendant cannot confront the speaker should be judged be the standard of the fairness of the process, that is, the question, “Would it harm the fairness of the process in the whole to admit the statements?” By the judgement, it would give an important ground to see the resposibility of the investigative agent for the nonconfrontation situation. But the responsibility of the investigative agent should not be an absolute ground for the inadmissibility of the statements, but would be the ground for prudent judgement of the probative power considering whether the substantial parts of the statements could be confirmed by other materials, when the statements are the only one important evidence to support the charge. Furthermore, Because the time of the confrontation is not limited to the trial, it would be useful to evaluate the provision in our criminal procedure for the interrogation with confrontation by the public attorney and investigative officer and to use it as a meaningful tool for guaranteeing the chance of confrontation of the defendant.
        4255.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        Any copies of documents or drawings reproduced using the electronic reproduction machines, facsimile telegraphs or other similar apparatus should be considered as document or drawing in Criminal Law. But it seems not to coincide with the concept of copy and meaning of duplicated document. Especially as far as media records, such as another person's electromagnetic records are concerned, there are many unsettled problems. The interests protected by law of crime concerning Documents are public credibility. so I think that constituent elements of a crime have to be interpreted by means of improving public credibility. That's to say that we should connect with crime-concerning condition and something protected by criminal law. but Supreme court didn't accept copies of documents concerning copy from documents to electromagnetic records in 2007do7480 and 2008do 5200. Any copies of documents should be protected because they establish the existence of original documents. that's reason that Any copies of documents reproduced using the electronic reproduction machines, facsimile telegraphs or other similar apparatus should be considered as document or drawing in Criminal Law. So someone would scan the documents and make new electromagnetic reproduction records of the scanned document, we must regard that as duplicated documents.
        4256.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        De Subventione pauperum, which Vives had published in 1526, was attacked bitterly after his death. In the end of the Middle Age several cities began to enact the poor law. His writing seems to be reasonable, when we take the situation of the age in account. He concealed his writing plan even to his friends, and they did not know that he wrote this work. He seemed to be afraid of the shock which this work would bring about. But he felt a new program for the poor relief very urgent. He published this work with such a complicated mind. Not only the poor relief mandates of Nürnberg, Strasbourg and Ypres, but also the program of Vives supplemented and reformed the poor relief of the Middle Age: they all aimed at the total forbidding of the beggary and the secularization of the poor relief institutions. The organizing systems and the practical methods of the poor relief corresponded to the size of cities. But while the law of three cities were interested in the open relief in common, Vives was interested in the closed relief. He proposed to drive out the healthy but idle from the relief institution, to accomodate only the sick, the old, the orphans, the blind, the lame and the mentally sick, to subdivide the relief institution according to the purpose, to offer the blind and lame the labor opportunity, to offer the healthy poor the technical education, to offer the children of the poor the school education and to collect the charity funds from the rich for the finance. His program was very revolutionary in that time. In the great economical change of the ending Middle Age the increase of the poor shook the social order. The city as the center of the political and economical life must accommodate itself to the new situation with new methods. Therefore the mandate limiting the beggary has developed into the law which would stop the increase of the poor and offer the healthy poor the opportunity to work. For men could not solve the problem of poverty any more by donating a little alms. For the poverty was no longer a private problem but became that of all the society. As Vives says, the poor relief should be carried out by the secular power on the basis of the neighbor love. Therefore the effort which tried to conform to the changing economical situation, was expressed in the process which developped from the mandate limiting beggary into the poor relief law. Though the program of Vives was not directly motivated by the reformation, we cannot deny that it was influenced indirectly by the reformation, because the poor relief law of Nürnberg lent a impetus to a new direction for the poor relief. This new direction can be clearly found in the total forbidding of the beggar inclusive of the mendicant friars and the secularization of the poor relief institution. The men of the Middle Age understood the poverty as the divine order for the salvation of the human beings. Therefore they believed that if they would try to overcome the poverty, they would disobey the will of God. Therefore the poor despaired of their poverty and gave up the will to overcome it. Besides Vives refused the mediaeval belief that the bodily labor was cursed on account of the Fall. He made effort to give the poor the opportunity to overcome the poverty. Vives showed himself a precursor, so far as he made effort to solve the problem of the poverty. Though he dedicated his writing to Bruges city, it must delay the reform of the poor law until 1562. This fact shows how revolutionary his program was.
        4257.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        In case of injury during a sports game, to punish the offender without exception might lead to withering of sports activities, whereas to get the offender exempted on the mere ground that injury occurred in the course of a sports game might cause plummeting of either legal stability or law-abiding spirit. So, it is vital to draw a bright line between criminal liability and moral obligation with regard to injury during a sports game. Scholars suggest the theory of victim's consent, the theory of tolerated danger, the theory of social reasonableness or the theory of non-legal issue as sources of justification to limit criminal liability. Each theory has its own merits and demerits. In order to punish the offender who inflicted injury by negligence during a sports game, general requirements of 'infliction of injury by negligence' occurrence of injury, ― causal relationship between offender's act and injury, breach of objective duty of care, etc.― should be met. Objective duty of care can be derived from statutes, past practices, social norm, logic, empirical rule or court decisions. In a sports game however, rules of the game may be the most important source of objective duty of care. As rules of the game enumerate matters that require attention in the entire course of a sports game, player's act against these rules can be treated breach of objective duty of care. It is excessive to deem all of the acts against rules of the game, including minor ones, breach of objective duty of care in light of the way a sports game is played as well as autonomy enjoyed in the sports field. Unless injury resulted from the act that had gone against rules of the game beyond reasonable expectation, the offender should not be found to breach objective duty of care. Rules of the game differ from type to type. In so-called type of rivalry sports games, rules of the game, while allowing the player or the team to make physical attack on the opponent to some extent, focus on diminishing or eliminating the possibility of injury. In so-called type of individual sports games, rules of the game prohibit dangerous act and call the attention of the players to avoid injury. To sum up, breach of rules may be treated more harshly and less flexibly in type of individual sports games than in type of rivalry sports games. The judgment under review in this paper has something to do with golf game, which belongs to type of individual sports games. The judgment thinks highly of rules of the game as source of objective duty of care. It also denies criminal liability in case of injury resulting from minor breach of rules of the game, which would reasonably be expected. On the face of it, the judgment seems to adopt the theory of social reasonableness. However, considering the courts usually dub social rule social reasonableness, the view taken by the judgment might be different from the theory of social reasonableness advocated by the scholars. The theory of social reasonableness relates to negation of applicability of criminal statute, whereas the view taken by the judgment might relate to negation of illegality. In such type of individual sports games as golf, the players enjoy game without physical contact with other participants, expecting reciprocal care to avoid unwanted injury. So it is somewhat improper to adopt the theory of victim's consent as source of justification to limit criminal liability in golf game. The judgment, in similar context, seems to have dismissed defense of 'victim's consent' raised by the accused. Even in case that the offender is held liable for infliction of injury by negligence with regard to injury during a sports game, the possibility to get relief is still open. If the offender reaches an agreement with the victim, he or she is able to avoid criminal punishment according to Art. 266 Para. 2 of the Penal Code.
        4258.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        본고는 노사학파가 19세기 후반 영남 서부지역에서 형성될 수 있었던 배경과 성장과정, 그리고 문인 정재규의 역할을 분석한 것이다. 노사 기정진은 1840년 대부터 서학을 배척하고 의리와 도덕의 확산을 꾀하였던 산림학자로서 중앙정 계의 주목을 받았으며, 1850년대에는 영남의 노론학자들로부터 동방 도학의 정통을 계승한 인물로 받들어질 정도로 명성이 높았다. 뿐만 아니라 기정진의 일족이나 문인들도 세도정치기와 대원군 집권기에 점차 중앙정계와 향촌사회 에 두각을 나타내게 되었으며 19세기 이래 영남 서부지역에서 당색의 대립이 약화되고 다른 당파나 지역 간의 교류가 활발하게 진행되었기 때문에 주리론과 위정척사사상에 바탕을 둔 노사학파가 형성될 수 있었다. 당시 영남 서부의 노사학파는 남인 출신도 있었었지만 대체로 노론 위주의 인 물들이었으며, 새롭게 성장한 경제력을 바탕으로 학문을 통해 가문을 일으키려 는 인물이 많았다. 이들은 향촌질서를 바로잡기 위하여 지방관과 협조하여 향 약 실시나 󰡔소학󰡕 교육을 중시하였으며, 강학활동에 힘써 영남 서부 지역에 많 은 문인들을 배출하였다. 또한 이들은 정여창과 조식을 숭앙하는 기풍이 강한 이곳에서 이들을 모신 서원이나 사우의 향례에 참여하거나 강회를 자주 개최하 여 진주와 하동․산청․합천․의령 일대의 영남지역에 노사학파가 활동할 수 있는 공간을 계속 넓혀 나갔다. 이러한 영남지역에서의 노사학파의 성장은 특히 정재규의 노력에 힘입은 바 가 컸다. 정재규는 기정진 사후 적극적으로 강학 활동을 전개하여 영남지역 내 에서 가장 많은 문인을 배출하였는데, 동문이나 문인들과 자주 강회를 열어 성 리학과 예학을 강론함으로서 기정진의 주리론이 널리 보급되고 위정척사의 주 지가 훼손되지 않게 하였다. 그는 또한 기정진의 학설을 체계적으로 이해시키기 위해 󰡔답문류편(答問類 編)󰡕을 편찬하였으며, 1901년 기정진의 문집을 목판본으로 중간했을 때에도 단 성의 신안정사에서 직접 일을 주관하였다. 그리고 문집 간행 이후 기정진의 논 설인 「외필(猥筆)」이나 「납량사의(納凉私議)」등에 대해 영남지역의 노론이나 송병선, 송병순, 전우 등이 이단으로 배격하였을 때, 정재규는 동문과 문인들에 게 기정진의 학설을 변호하게 하였으며, 본인도 직접 논서를 지어 기정진의 주 리론이 결코 주희나 이이의 학설과 어긋나는 것이 아님을 강조하였다. 또한 정재규는 영남지역에서 위정척사운동과 의병운동을 일으켜 기정진의 위 정척사사상을 계승하였다. 그는 1881년 신사척사운동에 가담하고 1895년에 서부 영남의 유림들과 함께 의병운동을 전개하여 개화에 반대하고 일제의 침략 에 항거하였다. 이어 그는 1905년 일제의 국권침탈로 나라가 위태로워지자 민 심의 결집을 주장하고 의병운동을 일으키고자 하였다.그는 자신을 따르는 문인 들과 함께 1905년 12월부터 다음해 1월까지 충청도의 최익현과 전라도의 기우 만과 함께 각지에 포고문을 보내고, 의병을 모으기 위해 문인들을 유생들에게 파견하였다. 비록 무력이 뒷받침되지 못하고 의병이 제대로 모이지 않은 상태 에서 실패하였지만 의리를 중시하는 영남지역 노사학파의 위상을 제고하는데 크게 기여하였다.
        4259.
        2010.04 KCI 등재 서비스 종료(열람 제한)
        This study was carried out to investigate the vascular flora of Mt. Munsu. The vascular plants collected in 13 times(from Mar. to Oct. 2009) were identified as 511 taxa in total, including 113 families, 332 genera, 445 species, 5 subspecies, 46 varieties, 5 forms. Among them, 6 taxa of the Korea Forest Service-designated rare & endangered plants and the Korean endemic plants were identified as 2 taxa. Based on the list of approved for delivering overseas of plants, 6 taxa were recorded in the investigated area. The Ministry of Environment-designated plants, which should be protected by the wildlife protection law, were identified as 2 taxa and 39 taxa of specially designated plants by the Ministry of Environment. The naturalized plants were identified as 53 taxa, and their naturalization ratio and urban index were found to be 10.3%, and 18.5% respectively. There existed many kinds of plants resources having conservational value like Ranunculus trichophyllus var. kadzusensis, Jeffersonia dubia etc. in this area, but there remains a fear of nature destruction's acceleration due to indiscriminate human development and access of a lot of visitors, so it is judged that there should be a management plan, such as a limit on the number of visitors or rest-year-system for restoration of nature.
        4260.
        2010.04 KCI 등재 서비스 종료(열람 제한)
        해양사고는 민사법상의 손해배상, 형법상의 책임의 귀속 및 행정상의 제재와 같은 여러 가지 법적 책임 문제를 야기한다. 어떠한 행위에 의하여 결과가 발생하였다고 하여 바로 책임귀속이 되는 것은 아니다. 이러한 책임의 전제로서 해양사고를 야기한 행위와 그 결과 발생사이에 인과관계가 문제된다. 해양사고에 있어서 그 원인 규명은 해양이라는 사고 발생 장소, 증거확보의 어려움, 사고 발생시와 조사 시점과의 시간차 등으로 어려움이 많다. 그러나 정확한 원인 규명은 유사 사고 방지와 책임 소재를 가리는데 매우 중요한 요소이다. 인과관계를 논리학적으로 보면 무한히 확산 가능한 개념이지만 책임귀속에 있어서는 이를 제한할 필요성이 있다. 따라서 이 논문에서는 인과관계 이론을 바탕으로 해양사고에서의 인과관계를 검토하여 책임귀속의 합리적인 판단 기준을 논증한 것이다.