이산화탄소에 의해 열화된 콘크리트 구조물의 보수 후 잔존수명을 평가할 때 보수재의 효과를 고려하기 위해 본 연구에서는 탄산화에 의해 열화를 받은 콘크리트 부재의 보수 후 재열화과정을 Fick's 확산(diffusion) 제1법칙을 이용하여 모델링함으로써 단면복구재에 의해 보수된 콘크리트 부재의 독특한 상황을 고려한 합리적인 예측식을 제시하였다. 연구결과는 보수재의 이산화탄소 확산 프로파일과 기존 구체콘크리트의 탄산화된 부분의 이산화탄소 확산 프로파일을 효과적으로 모델링할 수 있음을 보여줬다. 제시된 평가모델식에 대한 검증예제를 통해 보수재의 이산화탄소 확산지연효과를 확인할 수 있었으며 보수된 콘크리트 구조물의 보수 후 잔존수명을 객관적이고 수치계산적인 방법으로 평가할 수 있었다.

본 연구는 경북 안동시 갈라산(해발 596.2 m, 북위 36˚29'396"~36˚29'356", 동경 128˚43'841"~128˚45'799")의 관속식물 분포를 파악하기 위하여 수행되었다. 2006년 4월부터 2009년 8월까지 총 13회에 걸쳐 채집된 관속식물은 총 92과 273속 365종 2아종 47변종 10품종의 총 424종류로 정리되었으며, 이들을 유용성에 따라 구분하면 식용 239종류, 약용 291종류, 공업용 109종류, 관상용 135종류, 용도가 밝혀지지 않은 식물 24종이었다. 특기할 만한 식물로는 한국특산식물이 9종류, 환경부지정 법적 보호식물 II급이 2종류, 식물구계학적 특정식물이 III등급 7종류, IV등급 1종류, V등급 2종류, 희귀식물 중 멸종위기종이 1분류군, 위기종이 3분류군, 취약종이 2분류군, 귀화식물이 23종류로 나타났다.

본 연구는 강원 평창군 박지산(해발 1,394 m, 북위 36˚35'068"~36˚34'713"N, 동경 128˚36'245"~128˚36'252")의 관속식물 분포를 파악하기 위하여 수행되었다. 2008년 4월 부터 2008년 10월까지 총 7회에 걸쳐 채집된 관속식물은 총 95과 304속 439종 4아종 53변종 6품종의 502종류로 정리되었으며, 이들을 유용성에 따라 구분하면 식용 248종류, 약용 263종류, 공업용 98종류, 관상용 138종류, 용도가 밝혀지지 않은 식물 98종이었다. 특기할 만한 식물로는 한국특산식물이 13종류, 환경부지정 법적 보호식물 II급이 2종류, 식물구계학적 특정식물이 III등급 22종류, IV등급 13종류, V등급 6종류, 희귀식물 중 멸종위기종이 2분류군, 위기종이 4분류군, 취약종이 7분류군, 귀화식물이 18종류로 나타났다.

This paper presents the sound-based emotion estimation method and the growing HRI (human-robot interaction) system for a Mon-E robot. The method of emotion estimation uses the musical element based on the law of harmony and counterpoint. The emotion is estimated from sound using the information of musical elements which include chord, tempo, volume, harmonic and compass. In this paper, the estimated emotions display the standard 12 emotions including Eckman’s 6 emotions (anger, disgust, fear, happiness, sadness, surprise) and the opposite 6 emotions (calmness, love, confidence, unhappiness, gladness, comfortableness) of those. The growing HRI system analyzes sensing information, estimated emotion and service log in an edutainment robot. So, it commands the behavior of the robot. The growing HRI system consists of the emotion client and the emotion server. The emotion client estimates the emotion from sound. This client not only transmits the estimated emotion and sensing information to the emotion server but also delivers response coming from the emotion server to the main program of the robot. The emotion server not only updates the rule table of HRI using information transmitted from the emotion client and but also transmits the response of the HRI to the emotion client. The proposed system was applied to a Mon-E robot and can supply friendly HRI service to users.

이 논문은 2009년 2월 20일 미국의 제9 연방순회항소법원에서 내려진 Video Software Dealers Association v. Arnold Schwarzenegger 사건에 대한 판결의 의미와 한국게임법제도에의 시사점을 검토한 것이다. 이 사건에서 제9 연방순회항소법원은 폭력성 비디오게임을 18세 미만의 미성년자에게 판매하거나 대여하는 것을 금지하는 캘리포니아 주법(州法)이 미국 연방헌법에 명시된 미성년자 (minor)의 권리를 침해한다는 판결을 내렸다. 이에 비해서 한국의 헌법재판소는 청소년보호를 위한 청소년유해매체물 제도와 사전등급분류 제도에 대해서는 합헌이라는 결정을 하였다. 헌법재판소는 미국의 제9 연방항소법원의 판결과 같이 음란과 폭력성을 구분하여 접근하고 있고, 폭력성 개념이 대해서 간접적으로 위헌적이라는 결정을 한 바 있다. 미국법원의 덜 제한적인 수단의 선택이라는 법리와 헌법재판소의 최소침해성 원칙에서 본다면 청소년유해매체물 제도와 사전등급분류 제도의 중첩 적용은 문제될 수 있으며, 이 중에서 더 강한 규제가 위헌이 될 소지가 있다.

The fumigant 1,3-dichloropropene (1,3-D) was recently proposed as a direct replacement for methyl bromide (CH3Br) in soil fumigation. This study was conducted to better understand behavior phase partitioning, diffusion and volatilization of 1,3-D as affected by isomer. The Henry's law constant(KH) of cis-1,3-D and trans-1,3-D was 0.058 and 0.037 at 20℃, respectively. KH of cis form of 1,3-D was higher than that of trans form of 1,3-D. To compare with volatilization of 1,3-D isomer, soil column [70 cm (length)×12 cm (i.d.)] included a shank injection at 30 cm with 300 kg ha-1. Maximum cis-1,3-D and trans-1,3-D concentration reached 57 mg L-1 and 39 mg L-1 at 30 cm depth at 1h after application. Cumulatively, after 10 days, 51.8% and 43.57% of applied cis-1,3-D and trans-1,3-D was emitted via volatilization, respectively. The total losses of cis-1,3-D were significantly greater than that of trans-1,3-D. Finally, cis-1,3-D and trans-1,3-D, such as isomer are dominant of 1,3-D fates in soil.

The purpose of this article is to study an identity of Luther’s Doctrine of the two kingdoms and to try theological evaluation about Luther’s Doctrine of the two kingdoms. According to this article, Luther’s Doctrine of the two kingdoms has three dimension. First, Luther’s Doctrine of the two kingdoms is the Doctrine of two kingdoms of Augustinian tradition. Luther was an Augustinian Monk. His early writings show him as an independent representative of the late medieval Augustinian renaissance. Speaking of the two Kingdoms in his early and lately writings, he takes up the two kingdoms of Augustinian tradition demonstrated by the struggle of the city of God against the city of the Devil, a conflict which rules world history until the end. Therefore, Luther’s Doctrine of the two kingdoms is the Doctrine of two kingdoms handed down by Augustinian tradition. Second, Luther’s Doctrine of the two kingdoms is the Doctrine of two Regiments. According to Luther, God has instituted two different regiments for the delimitation and dissolution of the devil’s power: the Spiritual regiment and the worldly regiment. In the worldly regiment law, good works, reason, the punishing sword, and rewards for good deeds are valid. In the spiritual regiment of christ only grace, justification, and faith are valid. In the spiritual regiment God provides eternal salvation. In the worldly regiment human beings must care for the temporal welfare. In the worldly regiment the Sword rules, In the spiritual regiment the Word rules. Therefore, In Luther’s Doctrine of the two kingdoms two Regiments was originated from God and the means of rules of God. Third, Luther’s Doctrine of the two kingdoms is the Dual Doctrine of the two Kingdoms. Within the larger distinction between the regnum Dei and regnum diaboli which rules the whole of world history, Luther’s Doctrine of the two kingdoms also makes a second distinction between the saving kingdoms and the preserving kingdom of the world. Within this second distinction both kingdoms, the “kingdom of the world” and the “kingdom of christ,” are directed against the “kingdom of the devil,” but in different way. Therefore, according to Moltmann, Luther’s Doctrine of the two kingdoms is the Dual Doctrine of the two Kingdoms which integrated between the two kingdoms of Augustinian and the Doctrine of two Regiments. Meanwhile, According to this article, Luther’s Doctrine of the two kingdoms can received two theological evaluation. At first, As a negative criticism, the consequences of this misuse of Luther’s Doctrine of the two kingdoms theory came to expression in Gemany during the Hitler period. The doctrine provided no basis for religious and political resistance of National Socialism. Secondly, As a positive criticism, Luther’s Doctrine of the two kingdoms shows as a model of Reformation tradition to Reformers in the relationship between church and state.

19세기 영남 학계에는 李滉 이후 전통적으로 이해되어온 ‘心은 理氣가 합해 있다’는 설을 굳게 지키는 학자들이 아주 많았다. 이러한 학계의 경향에 정면으 로 맞서 李震相은 心卽理설을 제창하였다. 이진상의 제자인 郭鍾錫은 당시 영 남학계에서 ‘異端’으로 비판받았던 스승의 心卽理설를 잘 계승하여 변호하고 발전시켰다. 곽종석은 心學의 요체인 知와 敬에 매우 주목하였다. 그는 情(사단칠정)이 發 할 때에 知와 敬이 그 情의 발함을 主宰한다고 보았다. 知와 敬에 대한 그의 깊 은 탐구는 어려운 시대를 구제해나갈 이론을 眞知와 實踐이라는 두 측면에서 확보하려는 학문적 노력으로 이해된다. 무엇보다 주목할 만한 사실은 곽종석이 明德에 대한 새로운 해석을 하였다는 점이다. 그는 당시 학계에서 명덕을 心으로만 이해하는 것에 대해 비판하였다. 그는 명덕은 心과 身, 性과 行을 포함하지 않는 것이 없다고 하였다. 그는 명덕 을 心이라고만 해버리면, 󰡔大學󰡕의 八條目 중 ‘正心’에서 ‘明德’을 밝힌다는 일 이 마쳐지게 되어버려 그 뒤에 이어지는 ‘修身’은 혹처럼 붙어 있는 것이 된다 고 하였다. 그는 명덕에 대한 새로운 해석을 통해 세계 각국의 사상과 문화를 수용할 수 있는 이론적 토대를 마련하였다. 그런데 19세기 말부터 곽종석은 서구의 公法과 哲學에 대해서도 깊은 관심을 나타내었다. 서구의 공법과 철학과 과학에 대한 그의 관심의 증대와 더불어, 1919년에 그의 理學은 조선의 독립과 평화를 지향하는 방향으로 변모하였다. 그는 仁義에 근거한 공법질서와 功利의 私心이 없는 서구의 철학과 그것에 토 대를 둔 서구과학을 인정하며, 하루빨리 조선의 독립과 평화가 성취되기를 바 랐다.

The statistics of monitoring on soil quality is a report statistics which is made on the basis of Article 15, Environment Strategy Basic Law and Article 5, Soil Environment Conservation Law. This study was conducted according to quality assessment of Korea National Statistical Office. The assessment of quality infrastructure advised that the authority bring up and increase completely responsible officer and secure the budget. The assessment of user satisfaction and reflection of request propose that the statistics is focused on soil background concentration, decrease soil sampling points and extend survey period. The assessment of error management system per processes of detailed preparation suggest change of the statistics objective, a reduction of sampling points and improvement of survey period and soil measurement properties. Accuracy assessment of data proposed cuts of sampling points, accessibility increment and build up of management system linking subordinates and Ministry of Environment. The substantiality assessment of data service demonstrated information environment improvement for users including reference expression and records of statistics table and figure contents.

본 연구에서는 집수평면의 신장도에 대한 검토와 함께 자연유역의 자기유사성 및 자기상사성을 고려하여 Hack의 법칙에 대한 체계적인 접근을 수행하여 보았다. DEM으로부터 추출된 대상유역의 집수평면들은 Hack의 법칙에 대한 두 가설이 상호작용을 할 경우 나타날 수 있는 유역 형상들에 대한 모집단처럼 나타났다. 유역면적에 따른 집수평면 신장도의 변화를 도시해 본 결과 유로연장을 기반으로 한 고전적인 지형인자들보다는 관성적률을 기반으로 한 신장도가 보다 직

본 연구에서는 수중청소로봇의 추종 성능과 통합 제어시스템 성능을 가시적으로 예측할 수 있는 3차원 시뮬레이터를 개발하였다. 수중청소로봇의 동역학적 해석을 기반으로, 시뮬레이터에는 실제 개발 중인 3차원형상의 수중청소로봇을 적용하고 로봇의 위치와 속도 등을 나타내는 창을 표시하였다. 또한 조이스틱을 사용하는 입력 및 제어 장치를 직접 제작하여 시리얼 통신을 통하여 시뮬레이터의 입력 및 제어에 사용하였다. 그리고 통합 항법 제어시스템을 설계하고, PI 기반의 퍼지 제어기를 포함하는 way-point tracking 시뮬레이션을 통하여 성능을 검증하였다.

In the year of 2008, 404 criminal cases by the Korean Supreme Court are registered on the homepage of that court. 4 cases are decided by the counsel of all judge members, one of which was on the criminal procedure and the other 3 were on the criminal law. The cases which are reviewed in this paper is as follows; First, the cases by the counsel of all the judges of the supreme court. Among these are Supreme Court 2008. 6. 19. 2006 Do 4876. Supreme Court 2008. 4. 17. 2004 Do 4899, Supreme Court 2008. 4. 17. 2003 Do 758. Second, the cases relationg to the general principles of criminal law. Among theses are Supreme Court 2008. 3. 27. 2008 Do 89, Supreme Court 2008. 11. 27. 2008 Do 7311, Supreme Court 2008. 10. 23. 2005 Do 10101, Supreme Court 2008. 11. 13. 2008 Do 7143, Supreme Court 2008. 9. 11. 2006 Do 8376, Supreme Court 2008. 3. 27. 2007 Do 7874, Supreme Court 2008. 4. 11. 2007 Do 8373, Third, the cases relating to the individual crime provisions. Among these are Supreme Court 2008. 7. 10. 2008 Do 2422, Supreme Court 2008. 3. 27. 2008 Do 917, Supreme Court 2008. 10. 23. 2008 Do 6080, Supreme Court 2008. 4. 24. 2006 Do 9089, Supreme Court 2008. 12. 24. 2008 Do 9169, Supreme Court 2008. 10. 23. 2008 Do 5200, Supreme Court 2008. 3. 13. 2006 Do 3558.

‘Act on the Punishment of Sexual Crimes and Protection of Victims thereof' has been punishing picture-taking by using camera or mechanical devices which induces sexual desires of others, or shame of those opened to shooting in order to block the phenomenon of fetishism. But it is difficult to find consistency in the application and interpretation of that law in a series of recent cases. It is because of the impossibility of victim identifying and distinguishing, the degree of open space and symbolism of body which influence on the sexual desire of others or physical or sexual shame. But the above factors are not proper elements to deny inducing sexual desire of others or sexual shame. The most basic element is the victim's intention. And it is natural that we can know the danger of routine judgement of sexual desire and sexual shame by going through a two-step judging process. In addition, the concept of sexual desire, or the shame in the crime of illegal picture-taking is criminal sexual desires of himself or others or sexual shame beyond mere curiosity, or simple shame and disgust. When a normal average person feels a weak fundamental human shame against sexual morality in society as a personal existence, if it is not destroyed, the notion of sex exists for sound moral values is injuried, sexual desire or the shame in the crime of illegal picture-taking is acknowledged. The concept of sexual desire or the shame in the crime of public indecency and obscene thing is to destroy humanity, human dignity or blatantly distort the representation of gender, people's dignity and value of sexual vice seriously. Those are only interested in sexual appeal, and reveal a naked act of normal sexual shame and hurt the good mind of public and the notion of sexual morality. In this sense, the concept of sexual desire or the shame in the crime of illegal picture-taking is a broad sense of sexual desire or the shame unlike that of in the crime of public indecency and obscene thing. The current judging criteria which judge the cause of sexual desire or shame by the body parts is overly alienated with the goals of ‘Act on the Punishment of Sexual Crimes and Protection of Victims Thereof' and norms reality and the situation of our society. So the criteria has to be replaced as more comprehensive and precise scale which consider society's sexual morals notions, gender culture, the victim's intention, sex, age, relationship with criminals, filming the context of post-war conduct, both before and after shooting the victim's attitude, filmed parts of the body, kind of clothes and state of wearing.

Counts in the prosecution schold be specified by crime time, place and methode. It is required not only for defendants to protect their procedual rights but also for courts to limit the scope of the trials. Illegal drug investigations were not generally supported by the crime victim or witness assistance as most of the drug-related crimes were committed in covert. Therefore, effective institution and support of a public action requires the testing for drug use as an essential element in the nation's battle against drug abuse and drug-related crime. Hair analysis for abused drugs has been recognized as a powerful tool to investigate exposure of subjects to these substances. However, it was difficult to estimate precisely the time of drug administration from the position of drug along the hair shaft. Even if the activity is to happen at some unspecified time, the court’s rejection of the case related to unspecified drug abuse may continue to pose significant problems for the integrity and impartiality of the judicial system, which is making it almost impossible for law enforcement agencies operating to bring about significant reductions in the abuse of illegal drug. Hair analysis results have been admitted as scientific evidence of drug use. The unresolved scientific issues should not obstruct the admissibility of strongly positive test results but also may not be explanatory for the entire case, even though specific questions need to be answered and the laboratory results may give strongly positive.

The right to remain silent is a basic right of the defendant or suspect guaranteed by the constitution and criminal procedure law. It is important to notify the right to the defendant or suspect so that he can excercise the right properly and effectively. It is appropriate to exclude the statement made by the suspect if the Miranda right notice is not given to him. However, once the police officer give the Miranda warning to the suspect, the statement after the notice can be admissible by the purged taint exception rule except that the officer abuse the rule. In addition to that, even if there is a breach of notification, the real evidence should be admissible. It is because the purpose of Miranda rule is to protect the statement not the real evidence. According to newly revised Korean Criminal Procedure Code, the range of exclusion can be interpreted very widely. However, we must be careful when we apply the rule to the real case in order to seek the balance between the human rights and social safety.

On November 15, 2008 the Korean Supreme Court made a landmark decision to exclude illegally obtained physical evidence. It also adopted the “fruit of poisonous tree" doctrine, which excludes the derivative evidence obtained through the first tainted evidence. This Article reviews the Supreme Court's two decisions that applied the “fruit of poisonous tree" doctrine. First, the Decision of March 12, 2009 provides more specific standards to decide whether to exclude “tainted fruits." It requests comprehensive evaluation of all the circumstances regarding the collection of the first tainted evidence: the reasons and degree of process violation, the possibility of avoiding the violation, the causation between process violation and evidence collection, and the willfulness or negligence of law enforcement officers. Then, it does not exclude the physical evidence obtained without warning the suspect of the right to silence. This Article argues that the right to silence is the most crucial legal instrument to protect a suspect, particularly when the suspect is under interrogation without his/her counsel; it is a grave violation for a police officer not to warn a suspect of the right; in this case, exceptions of the “fruit of poisonous tree" doctrine are not applicable; so the physical evidence obtained without warning a suspect of the right to silence should be excluded. In the Decision of October 23, 2008 the Supreme Court held that the fingerprints on the illegally seized bottles and cups are admissible even if the seizure of the bottles and cups is illegal. This Article argues that such a view may weaken the constitutional request for warrant for search-and-seizure; the illegal seizure of the bottles and cups contaminates the evidentiary power of the fingerprints. In this case, however, the consent of the victim who is the owner of the bottles and cups is reasonably inferred, so the seized bottles and cups are admissible and the fingerprints on them are also admissible.

The right to counsel is regarded as a basic right not only for a suspect under custody but also for a non-arrested suspect as well. It is a constitutional right founded in Section 1 and 4 of Article 12, and Article 27 of Constitution. The right to counsel includes the right entitled to have the presence of counsel during interrogation by law-enforcement. The Criminal Procedure Law revises to guarantee all suspects have rights to counsel during interrogation. The right to counsel is a constitutional right which is materialized at a subordinate criminal procedural law. Therefore, it shall be differentiated from other statutory rights not directly derived from Constitution. According to the Criminal Procedure Law, the right to counsel during interrogation can be exercised by both suspects and counsels. However, such a right entitled to a counsel is not a constitutional right, which shows distinctive difference from a suspect-originated right to counsel.

The Criminal Procedure Act of Korea has not had an explicit provision for the right to the presence of counsel during interrogation until the Article 243-2 of the revised Act took effect on and after January 1, 2008. Whether being in custody or not, a suspect is entitled to have counsel present during interrogation. But while the right to counsel has been the constitutional right, there was discussions on the content and extent of the right. the Article 34 of the previous Act provided the right to counsel for only a suspect in custody and the Article 243 of the previous Act had prescribed only an investigation officer or policeman as those who could be present during interrogation. So the question that a suspect could have a counsel present during interrogation was raised in the practice and the academic circles of law. Many of them had denied the right to the presence of counsel during the interrogation. In November 2003, the Supreme Court of Korea had held that a suspect in custody had the right to the presence of counsel during interrogation. And in September 2004, the Constitutional Court of Korea had determined to confer the right on a suspect without custody. There were advances of the right to counsel through these decisions in Korea. After the 2007 criminal procedure reform, the Act has an explicit provision for the right. Therefore, a suspect is entitled to have a counsel present during the course of investigation and is allowed to get advice from the counsel. Also the counsel is allowed to be present with the client during interrogation. However, unlike the right of a suspect, the right of a counsel is not granted by the Constitution of Korea but by the Criminal Procedure Act of Korea.

Recently in Korea it is passionately disputed regarding criminal investigation system whether Article 139 of Korean Criminal Code is constitutional or not. Article 139 of Korean Criminal Code says as follows : Article 139(Obstruction of Official Duties for Vindication of Human Rights) A person who, performing police duties or assisting in such duties, interferes with the execution of duties of a public prosecutor concerning the vindication of human rights or who does not follow his instructions concerning the vindication of human rights, shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years. Korean Constitutional Court ruled the provisions of the latter part of the preceding article is not against the Constitution. One of judges, Justice Gonghyun Lee, argued that this clause is unconstitutional on the grounds of “void for vagueness." In this review firstly is examined how this article was legislated in 1953 and what problem and criticism has been raised. Then is reviewed whether the provisions of the latter part of the preceding article is unconstitutional on the grounds of “void for vagueness." The Article 12, paragraph (1) of the Korean Constitution prohibited punishing “unless it is so authorized by an Act or without due process of law." This clause requires that criminal statutes should be drafted in a clear and understandable fashion. In this review it is concluded that the provisions of the latter part of Article 139 fails to meet this clarity standard and is unconstitutional on the grounds of “void for vagueness." Lastly, is discussed whether the provisions of the latter part of Article 139 is unconstitutional on the grounds of “void for unnecessary." The Article 37, paragraph (1) of the Korean Constitution required criminal statutes to restrict freedoms and rights of citizens ‘only when necessary.' A punishment should not be more severe than is necessary when punishing someone for a crime. In this review it is concluded that the provisions of the latter part of Article 139 fails to meet this proportionality standard and is unconstitutional on the grounds of “void for unnecessary."