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        검색결과 4,411

        4301.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        Although Apostle Paul said that Jesus Christ became the end of the law for the justification of all believers(Rom 10:4), the ancient church took up the laws of the OT in introducing the institutions. Whence did the double-faced attitude of the ancient church toward the OT laws result? The first question is how much the OT laws influenced the life and canons of the ancient church, in other words, how much the OT laws were taken up in the canons and customs of the ancient church. The second question is why the ancient church took up the OT laws. 1. The ancient church was not simply negative toward the OT laws in spite of the Paulinism. The Pauline assertion that men couldn't be justificated by the good deeds but by the faith, was already reduced and distorted by his disciples as Luke and Hegesippus. As a result the Paulinism compromised with the Jewish legalism. 2. Even if Jesus was critical about the legalism, his posterity could not neglect the OT laws paradoxically. While the ancient church interpreted some OT laws allegorically, it interpreted some laws verbally. The ancient church was not able to interpret all the OT laws from the point of view of prophesy and fulfillment. This was already foreseen, sofar as the christianity took up the OT as its canon. 3. The Judaizing tendency was found in the Sabbath observance, the offering of tithes and firstfruits, the dietary rules, the female ordination and the problem of easter date. The sources which we surveyed, indicated how the greatly Judaism influenced the ancient church life. I conclude that the double-faced attitude of the ancient church toward the laws had something to do partly with the flourishing of Gnosticism and Montanism and partly with the need of the age. The Paulinism which underrated the OT laws, was not useful for the great church to attack the Gnostics. Therefore the great church either rejected the Paulinism or distorted it by mixing it with legalism. The ancient Christianity which had not its own theology and tradition depended necessarily on the Jewish canon and tradition. Therefore the Christianity became the religion of canon. The Christianity needed the clergy order like Jewish priests. Maybe the early monarchic episcopacy developed under the influence of the Jewish male priesthood. And in this trend women were excluded step by step from the church ministry.
        4302.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        수색은 압수와 함께 행하여지는 것이 통례이고, 실무상으로는 근래에 이르기까지 압수수색영장이라는 단일영장이 발부되어 왔으나 최근 서울중앙지방법원의 영장재판에서 법원은 구체적인 이유설시 없이 수색영장만 발부하고 압수영장은 전부 기각하는 취지로 판단하였다. 그러나 압수영장과 수색영장의 분리를 전제한 법원의 위와 같은 판단은 미국등 선진 제국에서 압수영장과 수색영장이 하나의 영장으로 발부되는 실무와 배치될 뿐만 아니라 수색이 자기목적적인 제도가 아니라 압수를 전제로 하는 것이라는 압수수색의 제도취지와도 부합하지 않는다. 또한 위 재판에서 법원의 의도가 수색영장에 의한 수색을 통해 압수물을 최대한 한정한 후 압수를 함으로써 국민의 재산상 침해를 억제하려는 것이라고 하더라도 현재 실무상 법원의 영장 발부 절차가 신속하게 이루어지지 않고 있는 상황에서 수색을 먼저 실시한 후 압수영장을 청구하도록 하는 것은 수사현실을 도외시한 것이다. 그리고 비록 형사소송법의 해석상 영장을 발부할지 여부에 대하여 법관의 재량을 인정한 것으로 해석된다고 하더라도, 위와 같은 재량은 결코 자유재량일 수 없고 합리적인 범위 내로 제한된다고 할 것이다. 따라서 기본권 제한의 정도가 큰 수색이 허용된 이상 수색과 불가분적으로 연결되어 있고, 수색보다 기본권 제한의 정도가 적은 압수는 당연히 허용되어야 할 것이며, 수사기관의 수사 필요성에 관한 1차적인 판단이 존중되어야 할 것이다. 결론적으로 압수영장과 수색영장의 분리를 전제로 한 서울중앙지방법원의 최근 재판은 압수수색영장에 관한 비교법적 고찰과 압수수색제도의 취지 등에 비추어 볼 때 부당하고, 이처럼 사실상 압수영장을 전부 기각하는 재판에 대하여는 기각 이유를 설시하도록 하고, 이에 대한 불복절차를 마련해야 할 것이다.
        4303.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        The right to remain silent is a basic right of the defendant or 녀spect 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. The timing of notification and the content of the right to remain silent are closely related. The investigator should notify the suspect or defendant of this right before conducting any questioning that could incriminate the suspect or defendant. Considering the Punishment of Minor Offenses Act which punishes the defendants and suspects who do not cooperate in identification process, they may not exert their right to remain silent during that procedure as legally guaranteed rights. Identification itself isn't a disadvantageous thing to the suspect or defendant. There are many countries which impose a penalty on the suspect or defendant who doesn't state his or her identification. In addition to that, even if there is a breach of notification, the statement should be admissible by the standing theory or for impeachment purpose. According to newly revised Korean Criminal Procedure code, notification is not required until the identification process has finished during the investigation process. And if the suspect or defendant initiates a voluntary statement, the statement should be admissible without the "Miranda" warning.
        4304.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        In 2007, 511 criminal cases of 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 crimial procedure and the others were on the criminal law. In this paper are reviewed several cases including two criminal cases by the supreme court counsel of all judge memberst and 1 case by the consititutional court. I. Cases by the counsel of all the judges of the supreme court. 1. Supreme Court 2007. 9. 28. 2007 Do 606. These cases are on the distinction of the completion from the attempt of the crime of threat 2. Supreme Court 2004. 4. 19. 2005 Do 7288. This case is on the amount of profit by property crimes. 3. Constitutional Court 2007. 11. 29. 2005 Heonga 10 This case is on the unconstitionality of the provision that punishes the employer because of the crime by the employee. II. Individual Cases In this paper, following cases are reviewed. 1. Supreme Court 2007. 8. 23. 2007 Do 4818. 2. Supreme Court 2007. 2. 8. Do 2006도7900 3. Supreme Court 2007. 12. 14. Do 2005도872 4. Supreme Court 2007. 2. 8. Do 2006도6196 5. Supreme Court 2007. 6. 29. Do 2005도3832 6. Supreme Court 2007. 1. 25. Do 2006도5979 7. Supreme Court 2007. 3. 15. Do 2006도9453 8. Supreme Court 2007. 5. 10. Do 2007도1375 9. Supreme Court 2007. 9. 20. Do 2007도5507 10. Supreme Court 2007. 3. 15. Do 2006도2704 11. Supreme Court 2007. 10. 12. Do 2005도7112 12. Supreme Court 2007. 3. 29. 2006 Do 9182
        4305.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        Excessive self-defense is applicable if an act of self-defense exceeds the reasonable limits and lacks requisite appropriateness. Excessive self-defense is not punishable under Article 21, Clause 3 of Criminal Law, if it is caused by fear, astonishment, excitement or confusion under anxious circumstances such as during night time. According to Article 21, Clause 2, in case of excessive self-defense under extenuating circumstances, either a reduced sentence or is unpunishable. The illegality and liability of excessive self-defense under Article 21, Clause 3 are reduced and besides its liability is expirated because it can not be expected that an offender acts within legal boundaries under such circumstances. Under Article 21, Clause 2, the illegality and liability are reduced and it is unpunishable because it lacks the necessity for punishment. Excessive self-defense is a complicated matter connected with criminal liability, illegality and sentencing. It is not easy to grasp the nature of excessive self-defense and its applicable range because it borders on self-defense and mistaken self-defense, and is indistinguishable from them. The Supreme Court has not clarified its stand on the requisites of excessive self-defense. The Supreme Court has interpreted not only the requisite appropriateness of self-defense, but also the requisites of excessive self-defense strictly. It ruled a decision upon the above mentioned first case as excessive self-defense and the second case as self-defense. However, it should have ruled that self-defense was justified regarding the first case and ruled the second case as mistaken excessive self-defense with either reduced liability or an expirated sentence.
        4306.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        Recently, many people live or travel abroad by various reasons. In this global era, we cannot only require the witness to come to homeland for testifying in court. It is necessary to provide a new method to take a reliable evidence which can solve the case with the witness staying abroad. In this case, the Prosecutor's Office try to give a new method by requesting the Consul in Japan to hear the witness and record the statements. According to the Vienna Convention on Consular Relations, Consul can hear the people of the Consul's nation. German Consular Relations Law provides that the admissibility of out of court statements recorded by Consul is regulated according to the institution which makes the request. Therefore, if the request comes from court, the statements recorded by the Consul according to the request are treated as statements recorded by Judge. From this point of view, the Prosecutor's Office insisted that the out of court statements recorded by Consul in Japanese be treated as the out of court statements recorded by Judge in deciding the guarantee of trustworthiness. But the Court construed that the statements recorded by Consul as the statements recorded by private person. Worse than this, the Court denies the guarantee of trustworthiness as the condition for the admissibility for the evidence. But this guarantee of trustworthiness as a condition for admissibility is relatively lower level of reliability than the reliability for the selection from the admissible evidences for trusting the facts asserted. The selection from the admissible evidences is for the fact finder, for example, trial jury. not for the leader of the procedure. But in this case, the Court seems to be unable to distinguish this guarantee of trustworthiness as a condition for admissibility from the issue of selection from the admissible evidences for trusting the facts asserted. So the Court's decision is inappropriate and the statements recorded by Consul should have been admitted.
        4307.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        This study aims to examine the existing law-protected trees in the city of Daejeon and find out the way of creating urban small parks by utilizing them. To do this, this study reviewed previous research papers and scholastic writings, and surveyed present conditions and usage patterns of the 135 law-protected trees in the city of Daejeon.The result shows that the sites of 114 law-protected trees are possible to create as urban small parks and the sites of 42 trees, among them, have proper location and condition through the result of an evaluating sheet. To create urban small parks using the law-protected tree, considerations are as follows. First, the age, the origin, the tale, the cultural heritage, and so on should be carefully investigated through the scholastic research and survey. Second, systematical management system should be organized to maintain ecological sustainability. Third, each protected tree belongs to the community and the consciousness of citizens should be elevated to have a strong affection to them by educating and informing as a cultural heritage and a community symbol.
        4308.
        2008.05 KCI 등재 서비스 종료(열람 제한)
        The concentrations of HCHO(formaldehyde), PM10(particulate matter), CO₂(carbon dioxide) and TBC(total bacteria counter) distribution in schools(Chung-Nam Area) were examined, and the results were compared with the recommended criterion of the administration law of indoor air. The subjects were an elementary school, a middle school and a high school in Chung-Nam area, and the concentration of TBC was examined by Single Stage Air Cascade Sampler, which applied the inertia collision catching method of 28.29L/min(flux) during 5 months from March, 2007 to July, 2007. The instrument(LD-3B, SIBATA Company)was used to examine PM10, by a light scattering method and a light transmission method. The instrument(Airboxx(KD Engineering) was used to examine CO₂. The instument(Z300XP(Environmental sensor)was used to examine HCHO. The result indicated that the PM10 average concentrations of the surveyed classrooms were 49 μg/m3 in Spring and 59 μg/m3 in Summer. The CO₂ average concentration of the surveyed schools were 576 ppm in the classroom and 527 ppm in the stateroom. The average concentration of TBC were 729 CFU/m3 in an elementary school, 401 CFU/m3 in a middle school, 381 CFU/m3 in a high school. The HCHO average concentration of the surveyed schools were 0.03 ppm in the classroom, 0.02 ppm in the stateroom.
        4309.
        2008.04 KCI 등재 서비스 종료(열람 제한)
        이 연구는 수상에 건설되는 해양건축물의 재산권 공시제도의 문제점을 파악하고 개선안을 제시하기 위한 연구이다. 먼저 해양건축물을 둘러싼 현황을 파악하고 미래를 전망하며 다음으로 해양건축물의 개념과 관련된 법제도를 검토한다. 해양건축물의 재산권 공시제도와 관련하여 현황과 문제점을 파악하며 각종 물건의 공시제도를 검토한다. 마지막으로 해양건축물의 재산권 공시제도 정비방안을 제시한다. 연구 결론으로서 해양건축물 공시제도는 고정식과 부유식 구조물로 나누어 적합한 공시제도를 제안한다. 고정식 구조물은 현행 건축법을 보완 수정하여 부동산등기제도를 활용하며 부유식 구조물은 새로운 법을 제정하여 등록원부와 같은 공적장부를 통한 등록제도를 도입하는 것이 필요하다. 해양건축물이 활성화되고 이를 기반으로 해양산업이 발달하기 위해서는 해양건축물에 관한 소유권 취득과 담보물권 설정 등 재산권 행사를 용이하게 하기 위해 해양건축물의 재산권 공시제도가 속히 마련되어야 한다.
        4310.
        2008.04 KCI 등재 서비스 종료(열람 제한)
        국제노동기구는 2006년 2월23일 해사노동기준에 관하여 그 동안의 협약 및 권고를 가능한 한 최신화 하고 모든 기준을 통합하여 단일의 문서로 된 해사노동협약을 채택하였다. 이 협약은 제4편 규정 제4.5조에 선원에게 적용되는 사회보장에 관하여 규정하고 있다. 규정 제4.1조 선내 및 육상에서의 의료관리, 규정 제4.2조 선박소유자의 책임에 관한 조항도 사회보장과 관련되어 있다. 우리나라가 이 협약을 비준하기 위하여서는, 우선 먼저 국내 관련법령이 협약상 선원 사회보장 요건을 충족할 수 있는지를 검토하고, 불충분한 부분에 대하여는 이를 정비할 필요가 있다. 따라서 이 연구에서는 협약상 선원의 사회보장에 관한 요건을 수용할 수 있도록 현행 국내 관련 법령과 협약 사이의 차이점을 밝히고, 이 과정에서 도출된 문제점에 관하여 그 해결 방안을 제시하고자 한다.
        4311.
        2008.03 KCI 등재 서비스 종료(열람 제한)
        The fate of two cyclic ethers, THF(Tetrahydrofuran) and 1,4-Dioxane, in conventional biological wastewater treatment plants was investigated using sequential activated sludge process. Removal efficiency of THF were about 86% in average, which was greater than that of 1,4-Dioxane, 30%. However, it was not clear whether the removal of cyclic ethers in biological system was caused by microbial activity or not. Thus treatability tests were conducted by batch experiments. The effects of mixing, aeration and the addition of activated sludge on the removal of cyclic ethers were investigated in batch experiments. THF was totally removed by mixing and aeration in 24 hours while removal ratio of 1,4-Dioxane was at most 30% for the same period. This results could be ascribed to the differences in Henry's law constants between the two chemicals. In addition, biological degradation including biosorption was not obviously observed in these batch tests.
        4312.
        2008.03 KCI 등재 서비스 종료(열람 제한)
        선박의 대형화 및 해상사업의 기업화 등에 따라 해상운송에 있어 화물의 하역, 보관 등의 전문적인 부분을 담당하고 있는 항만하역업자, 항만터미널운영자, 창고업자 등 독립계약자의 역할은 점점 증대되어 가고 있는 추세이다. 하지만 국제해상운송은 해상운송인과 화주를 중심으로 체결한 운송계약을 중심으로 이루어져 왔으므로, 영국 보통법상의 직접계약관계의 원칙에 의해 계약당사자가 아닌 자는 계약상의 이익을 원용할 수 없다는 입장을 유지하여 왔다. 이에 대해 이를 완화하고자 하는 다양한 방안이 적용되고 있으며, '히말라야약관'도 그러한 방안중의 하나이다. 본 논문은 최근 대법원판결을 통해 우리나라 법원의 히말라야약관의 유효성 인정에 대한 내용을 재검토하고 독립계약자, 특히 항만터미널운영자의 운송계약상 제3자의 권리인정에 관한 문제에 대한 각국의 경향에 대해 살펴본다.
        4313.
        2008.02 KCI 등재후보 서비스 종료(열람 제한)
        본 연구는 RIASEC 모형에서 예술형(A) 직업흥미를 보이는 공·사립 유치원에 재직 중인 173명의 유치원 교사를 대상으로 직업흥미의 GOT, BIS, PSS 척도별 분포 및 상호 관련성을 알아보는 데에 목적이 있다. 그 결과, 예술형(A) 유치원 교사의 직업흥미는 GOT 척도에서 예술형(A)이 가장 높고, 사무형(C)이 가장 낮게 나타났다. BIS 척도는 예술형(A) 코드의 음악/드라마, 미술이 가장 높고, 진취형(E)코드의 판매가 가장 낮게 나타났다. PSS 척도는 학습유형에서 학문적인 학습형태를 선호하는 것으로 나타났다. GOT 척도내 상관관계는 인접코드인 예술형(A)과 탐구형(I), 예술형(A)과 사회형(S)간에상관이 있으며, PSS 척도내 상관관계는 학습유형과 리더쉽유형간에 상관이 있는 것으로 나타났다. GOT 척도와 BIS 척도간 상관관계는 현장형(R)의 자연, 탐구형(I)의 과학, 예술형(A)의 음악/드라마, 미술, 응용미술, 글쓰기, 사회형(S)의 사회봉사, 진취형(E)의 대중연설, 법/정치와 상관이 있는 것으로 나타났다. GOT 척도와 PSS 척도간 상관관계는 예술형(A)과 학습유형간에 상관이 있는 것으로 나타났다. PSS 척도와 BIS 척도간 상관관계는 학습유형이 예술형(A)의 글쓰기, 진취형(E)의 대중연설, 법/정치와 상관이 있는 것으로 나타났다.
        4314.
        2007.09 KCI 등재 서비스 종료(열람 제한)
        In the continued economic prosperity, concern about environment and landscape is converted to develop actual institutional system on conservation and management of landscape. In these transition periods, the objective of this study is to suggest limitations and improvements of landscape conservation system for each landscape type such as rural landscape, natural landscape, urban landscape, historical landscape through reviewing related policies, laws, and case studies. As a results, landscape conservation system is insufficient for each landscape type and is regulated sporadically by a few laws. In particularly, rural landscape has been damaged seriously since significance of it was lesser recognized than other landscape types. Urban landscape is managed by landscape ordinance and planning which local government developed, however it doesn't have effectiveness due to insufficient legal basis and related cases. Therefore to enhance recognition of landscape as well as to support the law of landscape which is established this year is required.
        4315.
        2007.09 KCI 등재 서비스 종료(열람 제한)
        The hearsay rule was introduced into the Criminal Procedure Law by the Act No. 705, Sep. 1, 1961 in Korea. Any document which contains statements in place of the statements made at the preparatory hearing or at the public trial shall not be admitted as evidence of guilt except as provided by a few articles of the Criminal Procedure Law(§310-2). The investigation report which contains statements of witnesses prepared by the public prosecutors or by the judicial police officers may be introduced into evidence if the genuineness thereof is established by the person who made original statements at the preparatory hearing or at the public trial(§312 (1), §313 (1)). If the witnesses are unable to be present or to testify at the preparatory hearing or at the public trial because of death, sickness, residing abroad or other reasons, the recorded statements of witnesses are not excluded by the hearsay rule(§314). And the probative value of evidence shall be left to the discretion of the judges(§308). Recently the innovative reformation of trial has been the hottest issue and the Criminal Procedure Law is amended by the Act No. Apr. 30, 2007. During that turmoil the Supreme Court ruled that even though the admissibility of recorded statements of witnesses is accepted on the basis of agreement between adversarial parties(§318), the credibility of those statements is extremely restricted in the case the confrontation right of the defendant is limited. The witness-investigation report may have probative values when the recorded statements are so accurate that they are self-evident or if other evidences collaborate the reliability of the recorded statements.
        4316.
        2007.09 KCI 등재 서비스 종료(열람 제한)
        The Supreme court admits the real evidence in spite of the unlawfulness during the process of acquiring it. The reason of the theory is that truth-worthiness of the real evidence has not been changed by the fault of the investigation in gathering evidence. Considering the want of Destruction of Justice statutes, the Supreme court strikes the balance between the public interest and private protection by admitting the real evidence on all occasions. The reformed Criminal procedure law is going to introduce the exclusionary rule. The §302-2 stipulates that "The evidence which is not gathered by lawful process should be excluded." Comparing with other developed countries exclusionary rule, it is too broad. For instance, PACE act §78 (1) in England is “In any proceeding the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it." In Canada, the constitution §24 ② provides that “Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice in to disrepute." Even in the U.S., there are lots of exceptions to the exclusionary rule. Good faith theory, harmless error rule, the standing, restrictive application in Miranda rule violation. collateral use are the examples. The German's Beweisverwertungsverbote is the theory concerned about balancing the interest to protect the privacy. Thus basically it doesn't matter the manner of gathering the evidence. So it stats from quite different angle. When it comes to our exclusionary rule, we must be prudent when we apply the rules to the real case. We don't have to exclude the real evidence solely because it is not obtained according to the process of law. We should take into account the motive of the police, the seriousness of the case, the deterrence effects, the influence on the administration of justice, the value of the evidence. If the evidence is procured by private party, it should not be excluded. The criminal justice system don't have to depend on third party's action. Also there is the possibility that the third party or dependant will abuse the rule. There will be no remarkable deterrent effect, even if we remove the evidence on account of private party's illegal behavior.
        4317.
        2007.09 KCI 등재 서비스 종료(열람 제한)
        The recovery of right to appeal after the appeal duration elapses, is the system which recovers the right to appeal which disappears with decision of the court of justice. The recovery of right to appeal is provided in the criminal procedure law(§345~§358). Against the right to appeal lapse the right to appeal own responsibility not recognizing the right to appeal even in nil the right to appeal it is unjust and it reaches the wave high price which it restricts. If it decides a justice, it the right to appeal it is unjust and becomes the result which it restricts. Appeal recovery volume the legal stability compared to is the system which makes an entity justice first of all. And this system justice decision form profit of the accused it is unjust and the fact that it deprives a system for it is. The criminal procedure law providing, the reexamination which it is doing, at decision judging and emergency with system and sameness, the recovery of right to appeal system is recognized with the process which excludes double jeopardy effect. Recently the research and the discussion regarding criminal procedure law opening a court are actively advanced from viewpoint of administration of justice reform. And also the simplification, nimbleness plan of criminal case administration of justice process are discussed. Against the recovery of right to appeal system specially only it will be stopping in the degree which introduces only a relation regulation to be, the research against hereupon almost there is to a condition which is not. The dissertation which in short, it sees with afterwords observes a same contents and the reporter it does. First it investigates the relation and a legislation maintenance plan of the recovery of right to appeal and reexamination from the dissertation which it sees. Second, Representative the recovery of right to appeal it will be able to requisition in order, provided special law at constitution should have infringed the justice claim which is guaranteed with, it tries to observe the legislation opening a court plan against hereupon. Third, The regulation regarding the recovery of right to appeal requisition and a suspension of executant at constitution is quick it is guaranteed and infringe the right which will administer justice with, it investigates a legislation opening a court plan, it does. And it relates with the recovery of right to appeal system and against the propriety of necessary justice suspension of executant regulation it observes and the reporter it does.
        4318.
        2007.09 KCI 등재 서비스 종료(열람 제한)
        In our society, in which a great variety of risk business transaction are carried, the parties concerned require often untypical mortgage to the contraries to make such transaction easy and effective. According to this requirement, the contraries, members of corporation, should offer assets of their companies as an mortgage arbitrarily. Members, who dare to carry out risk transaction for excessively profitable business, are very likely to commit breach of corporational trust. Accordingly it comes to be very important issue, to what extent criminal law should intervene in attitude of counter partner involved in those cases. If members conducting affairs of business commit jointly breach of trust, they can be punished as accomplice each all, but it is disputable, whether counter partner without status as members can be punished as an accomplice under the same condition, namely the Act Control('Tatherrschaft' in german). Under the precondition of answering this question affirmatively, it becomes an issue to put meaning of the Act Control into shape. Related to what the Act Control means, its constituents, mainly division of execution as an objective condition, mutual connection of intention, should be analysed on after another. If counter partner without status as members can not be punished as accomplice because of lacking the necessary condition, another problem becomes to be posed, whether his conduct leave no room for being punished especially as assistance. Because he assists the principal, member of company, in a way of daily deal activity('alltaegliches Verhalten' in german), he can be probably not punished as assistance of trust breach. The decision concerned(supreme court 2005.10.8. adjudged 2005do4915 sentence) declared 'not guilty' because of lack of illegality based on social adequateness. Despite of proper conclusion, I doubt whether the restriction of the extent of assistance should be made at the second level of illegality, because the first level of elements of constitung the case("Tatbestandsmaessigkeit" in german) can restrict the extent of assistance, by means of normative restriction or objective imputation.
        4319.
        2007.08 KCI 등재 서비스 종료(열람 제한)
        크레인 시스템은 항만 터미널 등의 산업현장에서 무거운 물체를 이송하는데 사용되는 장비로서 그 정확성과 신속성을 동시에 만족시키기 위한 연구가 활발히 진행되고 있다. 본 논문은 적응제어기의 일종인 모델매칭 기법을 이용하여 복잡한 3 자유도 비선형 크레인의 제어 시스템에 대한 연구를 제안한다. 피드백 선형화(feedback linearization)를 통해 비선형 크레인 모델을 선형화한 후 PD 제어기를 적용하여 선형 공칭 모텔을 구한다. 이 모델은 시스템 섭동을 갖는 실시간 시스템 모델과 함께, 리아푸노브(Lyapunov) 이론을 적용하여 실시간 섭동에 의해 발생되는 제어오차를 감소하기 위한 보조 제어규칙의 산출에 이용된다. 또한 리아푸노브 안정성이론을 적용하여 구성한 크레인 제어시스템의 안정성 해석을 실시한다. 컴퓨터 시뮬레이션을 통해 제안한 알고리즘의 타당성을 검증하며 기존의 제어방식과 비교 분석하여 그 우수성을 입증한다.
        4320.
        2007.08 KCI 등재 SCOPUS 서비스 종료(열람 제한)
        더덕 함량을 10, 15 및 20% (w/v)로 달리하여 50% (v/v) 주정에 담아 밀봉한 후 상온에서 180일간 침출시킨 다음 더덕 침출주의 이화학적 및 관능적 특성에 미치는 영향을 조사하였다. 더덕 함량을 달리하여 상온에서 180일간 침출시킨 결과 총당은 더덕 함량이 많을수록 많은 양의 총당이 용출되는 경향을 보이고 있었으며 맛을 결정하는 환원당도 총당과 유사한 경향을 보이고 있었다. 한편 더덕의 유효성분인 total polyphenol의