신경망을 이용한 전력품질 진단시스템

김홍균(Hongkyun Kim),이진목(Jinmok Lee),최재호(Jeaho Choi),이상훈(Sanghoon Lee),김재식(Jeasig Kim) 대한전기학회 2004 대한전기학회 학술대회 논문집 Vol.2004 No.7

內分泌界 障碍物質(環境호르몬)의 규제와 피해구제

金泓均(Kim Hongkyun) 한국법학원 2003 저스티스 Vol.- No.73

정상적인 호르몬의 작용을 교란, 방해하는 흔히 환경호르몬이라고 불리워지는 내분비계장애물질(Endocrine Disrupting Chemicals: EDCs)은 살충제, 플라스틱, 세제, 컵라면 용기, 금속 캔의 내부 코팅소재, 포장용 랩, 소각로 등 도처에서 발견되고 있다. 그 피해 사례를 둘러싼 보도가 이어지면서 내분비계장애물질에 대한 사회적 관심은 고조되고 있다. 그러나 우리는 내분비계장애물질이 인간의 건강을 해치는 메카니즘에 대하여 완전한 이해를 하지 못하고 있다. 내분비계 장애물질의 미세한 효과, 다양한 노출 경로, 세대간의 영향, 누적적, 복합적 성격 등은 위해성평가를 어렵게 만들뿐만 아니라 그 인과관계의 규명을 어렵게 하고 있다. 그러나 이와 같이 내분비 계장애물질이 과학적 불명확성을 내포하고, 그 위해가 분명하게 규명되지 않았다는 등 이유로 그것이 무시되어서는 안된다. 내분비계장애물질을 둘러싼 법적 불확실성은 법적 대응을 어렵게 하고 있다. 현재로서는 규제나 소송 모두 내분비계장애물질의 유해성에 대응하기엔 효과적이지 못하다. 특히 내분비계장애물질에 관한 소송은 인과관계의 입증 곤란 등 이유로 기존의 사법 체계하에서 승소하기가 여간 어려운 것이 아니다. 그 동안 미국에서 있어 온 DES 소송이 이 같은 사실을 충분히 뒷받침하고 있다. 우리는 피고 특정의 완화, 입증책임의 전환, 입증방법의 개선(예컨대, 역학조사에 대한 증명력 부여) 등을 통하여 원고에게 낮은 정도의 입증만을 요구하는 사법체계를 생각해 볼 수 있다. 그러나 이러한 사법체계는 기존의 불법행위원칙을 크게 바꾸는 것이므로 그 도입에는 큰 용기가 필요한 것이 사실이다. 법원보다 의회의 역할을 강조하는 입법적 규제방안이 내분비계장애물질로부터 공중의 건강을 보호하는데 보다 적당한 방법일 수 있다. 입법을 통해 제조자로 하여금 문제의 제품이 인간에게 심각한 손해를 주지 않을 것이라는 사실을 입증하도록 요구하는 것은 회사에게 특정개인의 손해와의 무관련성을 입증하도록 하는 것보다 덜 제한적이면서도 그 규제 효과는 클 것으로 보인다. 사후적이 아닌 사전적 예방 차원에서도 입법적 규제방안은 설득력을 갖게 된다. 이때 입법은 내분비계장애물질의 성공적인 규제를 위해서 내분비계장애물질에 대한 지속적인 연구, 기준의 설정, 주민의 알권리 보장, 오염원인자 부담원칙의 충실화 등을 담보하여야 한다.

환경법상 사전배려원칙의 적용과 한계

김홍균(Kim Hongkyun) 한국법학원 2010 저스티스 Vol.- No.119

사전배려 원칙(precautionary principle)의 내용은 분명하지 않지만 그 원칙의 적용 결과는 분명하다: 환경보호. 그러나 이 원칙에는 법적 지위의 불안정, 비용-편익분석과의 충돌 가능성, 적용의 다양성과 차별성, WTO체제와의 충돌 가능성, 적용범위의 축소 등 한계점이 있는 것을 부인할 수 없다. 환경법의 원칙이 환경정책이나 입법, 의사결정 등의 지침이 될 수 있다는 점, 현대사회에서 기술의 사용으로 환경위해가 점점 증대하고 있는 추세라는 점, 심각한 환경파괴에 비추어 조기에 환경보호의 필요성이 증대하고 있다는 점, 환경보호를 위해 예방적 환경정책이 제1차적이고도 근본적인 원칙이라는 점, 생태계의 일체성?취약성?복잡성 등으로 인한 과학적 인식의 한계를 고려할 때 기존의 환경용량 접근방법으로는 그 대처가 곤란하며 ‘생태중심주의’로의 진행이 현명하고 방향성이 옳다는 점, 규제를 게을리하는 것이 옳지 않다는 점, 환경문제는 과학적 지식의 변화에 따라 변화할 가능성이 있으며 그 변화에 유연하게 대응할 필요가 있다는 점 등을 고려할 때 사전배려의 원칙은 결코 포기되어서는 안 될 중요한 원칙임에 틀림이 없다. 현 시점에서 사전배려의 원칙이 국제관습법의 지위에 이를 정도로 국가관행과 법적 확신이 존재하는지는 단정하기 어렵다. 그러나 최근에 국가정책, 입법, 국제문서, 사법적 결정 등에 사전배려의 원칙이 반영?수용되는 경향이 뚜렷한 점에 비추어 국가관행과 법적 확신이 축적되어 가고 있는 것은 분명하다. 사전배려의 원칙은 법률에 명시적 규정을 두고 있지 않는 한 구체적 효력을 갖기 어렵다. 물론 환경정책과 입법?사법?행정을 통한 국가의 작용에서 지도원리로서 작용할 수 있으나, 이러한 원칙이 보다 충실하게 기능하기 위해서는 「환경정책기본법」 등에 이를 분명히 밝히고 개별 환경법에서 이를 구체화하는 노력이 필요하다. The contents of 'precautionary principle' are uncertain. However, the principle has a definite result on its applied areas: environmental protection. But, it is hard to deny that this principle has some limits due to the unstableness of the legal status, possibility of the collision with the cost/benefit analysis, variability and discrimination of application, possibility of conflict with the WTO system, contraction of the field of its applied areas, etc. There is certainty that the precautionary principle should not be given up when taking account of the following reasons. First, the principle could be a guideline toward environmental policies, legislation, and decision making. Secondly, due to technology used in modern society, environmental risk is at the tendency of increasing. Third, considering the significant destruction of environment, it is important to take a measure for environmental protection as soon as possible. Fourth, preventive environmental policy is a primary and foundational principle for environmental protection. Fifth, taking account of the limits of scientific knowledge due to the integrity, vulnerability and complexity of ecosystem, traditional assimilative capacity approach is difficult to deal with problem while eco-system approach is wise and correct. Sixth, it is improper to be idle toward regulation. Lastly, environmental problems have the possibility to change with accordance to the change of scientific knowledge and that there should be flexible maneuvers when that change takes place. At this moment it is hard to decide whether the precautionary principle has become binding legal custom. However, states practice and opinio juris appears to stockpile nowadays in that the principle being reflected and accepted in international policies, legislation, papers and judicial decisions etc. The precautionary principle is hard to have a specific effect unless it is clearly defined in law. Of course, it could work as a ruling principle through legal, administrative, and judicial action. However, in order for this principle to be more active, there should be some efforts for it to be clearly defined in the Framework Act on Environmental Policy and specified in other environmental laws.

게임 플레이버 텍스트의 번역 양상 고찰 - 게임 ‘하스스톤’의 플레이버 텍스트를 사례로 -

김홍균 ( Hongkyun Kim ) 이화여자대학교 통역번역연구소 2019 T&I review Vol.9 No.-

This study focuses on the translation aspects of a specific game text named Flavor text. Advanced game developing techniques and users’ improved game experience made game users’ to want ‘something more’ in their game. Flavor text has been created to fulfill the users’ need for something beyond their gameplay. It is a text which offers its users extra entertainment by offering more information about the game’s backgrounds (lore) or humor. Unlike other game texts, which is related with game system or game play, Flavor text exists separate from game system or game play, providing extra fun to users. Because Flavor text is separated from game system or game play, it can include content more freely than other game texts which are bound to their game systems or game play. Data from Game Hearthstone showed that there are 5 translation strategies used while translating Flavor text. Those strategies are Addition, Omission, Modification, Replacement and Literal Translation.

K-평균 알고리즘 기반의 클러스터링을 통한 장애인 콜택시 대기시간 특성분석

김홍균(KIM, Hongkyun),김도경(KIM, Do-Gyeong) 대한교통학회 2022 교통 기술과 정책 Vol.19 No.3

해양오염퇴적물의 법적 성격과 그 관리법제 개선방안

김홍균 ( Hongkyun Kim ) 한국환경법학회 2022 환경법연구 Vol.44 No.1

The need to dredge in public waters and coastal areas have always existed in the perspective of improving the environment of polluted areas, maintaining ports and sea routes and creating new ocean space. This calls for effective and systematic management and regulation of contaminated sediment through efficient and methodical dredging and purification processes. For this to happen, it is important to prepare specific standards, procedures and methods of dredging, purifying, treating, disposing and recycling of dredged materials. It's fortunate that the Ocean Waste and Contaminated Sediments Management Act was enacted to set the stage for the purification of marine sediments. While the Act is highly appreciated for being introduced as an exclusive legislation for marine sediments separate from waste, it fails to establish some basic concepts on key words, such as, dredged materials, removal, purification, treatment and disposal, all of which are necessary to clarify in order to manage and establish rules on contaminated sediments. It also lacks specific guidelines, standards and measures on the management, handling and disposal of the sediments. This tells it's likely for marine sediments and dredged materials to have little legal standing, making it difficult to manage and regulate them. This also means the collection to purification, treatment and disposal of marine sediments probably isn't taking place in a systematic and consistent manner. Concepts need to be established and details on the content and methods must be set to solve the problem. Considering that the key to managing marine sediments lies in its purification and recycling processes, it is also necessary to review measures on building a purification system and boosting recycling.

환경오염피해 배상책임 및 구제에 관한 법률의 평가와 향후 과제

김홍균 ( Hongkyun Kim ) 한국환경법학회 2015 환경법연구 Vol.37 No.2

In the law field, liability problem has been always hot issue and permanent theme. Act on Indemnification and Remedy for Environmental Pollution Damage, made in December 2014(which will be in force since 1. January 2016) can be assessed as a landmark of environmental law history in that it set liability issues to rights and provides remedial system profoundly. However, the process of law making was not easy. Intensive controversy among many and various interested group involved, such as industry, non-governmental organization, academic circles, postponed the progress of law making seriously. This suggests that the enactment of the Act will not easy-going and has a long way to go. Shortly, the aim of the Act is fast and sufficient remedy for a party who suffered damage. For this, the Act provides, among others, strict liability of an owner of a facility, presumption of causation, obligation to insure environmental liability, claim to information. The Act does not take sides one-sidedly with a party who has suffered damage. Carefully, the Act also considers responsible party providing, among others, limit of the amount of liability, exclusion of presumption, compensation by nation. Note that the Act provides nation``s obligation to pay compensation to person who is not indemnified sufficiently. Such system seems to be very progressive and ambitious, in that it cannot be found even in developed nations. Making the Act does not mean that all of issues surrounding environmental liability are solved clearly at a stroke. To succeed, it is also important to enact the system well. In this regards, continuous and careful attention should be payed to still unsolved issues, which include, among others, retroactivity, remedy for natural resource itself, class action, standing of NGO.

「자원순환기본법」의 평가와 향후 과제

김홍균 ( Hongkyun Kim ) 한국환경법학회 2017 환경법연구 Vol.39 No.1

The Framework Act on Resource Circulation is certainly a step forward to an advanced legal system in accord with resource circulation society. However, the Act has a limit in several aspects. The Act lacks systematic connection to other waste-related laws because it has both characteristics of a framework act and an execution law. There is also a limit to apply the Act as a basic principle to the entire process of design, production, and disposal of product because it merely defines circular resources as a subordinated concept under waste. In other words, the Act has failed to become a comprehensive and fundamental law to establish resource circulation society In order to minimize the side effects, there must be a multilateral approach. First, there is a need to improve the legal system and to re-examine the entire waste related laws so as to minimize the confusion that may arouse as the Act is applied to the real world. In such case, the Act should be the higher, basis law, while the Waste Management Act and the Act on the Promotion of Saving and Recycling of Resources should be placed as lower ranking laws each on waste disposal and recycling field. In the long term, we must even consider revising the Act. The concept of circular resources is the key to a society that can circulate its resources well. Because the procedure of `admitting circular resources` deprives of the status of waste and thus excludes from regulation, there is a need to make more objective and clear standard of it for more systematic use and management of circular resources. Meanwhile, there is a need to clarify, expand, and modify the definition of waste itself because the current definition of it is unclear, and the meaning of waste does not encompass the concept of resource. In addition, the existing `resources circulation achievement management system` and `designated by-product discharger system` should either be abolished or integrated with the Assessment of Circular Utilization which is a key device to manage circular resources provided in the Act, as it overlaps with one another.

신기후변화체제(파리협정)의 평가와 그 대응

김홍균 ( Hongkyun Kim ) 한국환경법학회 2017 환경법연구 Vol.39 No.2

The Paris Agreement, which opens door to a new climate change regime, was made after 18 years of the adoption of the Kyoto Protocol. The parties gathered in Paris reached the agreement with difficulty. The duration of negotiation was long and different opinions among the involving nations was furious. However, the simple outcome is to limit the temperature of the earth. The Paris Agreement took into enforce in November 2016 which is one year after its adoption. It is because of the ratification from other major countries(including India, EU and Canada, etc.) that took place after the United States of America (USA) and China. The new climate change regime can be considered a historical milestone. It has provided a turning point to overcome the limit of the Kyoto Protocol which requires an obligatory reduction from only several developed countries. The ambitious aim to limit the temperature increase to 1.5ºC above pre-industrial level and the process to prepareㆍcommunicate and monitorㆍverify the national determined contributions(NDC) are considered big steps. The agreement also creates a framework(global stocktake) for evaluating progress towards meeting the agreement`s goal every five years. However, the NDC lacks legal binding and the sanction for its violation is not prepared which leaves behind a controversy. Korea has become a member of the new climate change regime in November 3th, 2016. Thus, the country has earned several responsibilities to carry out. The major four are as the followings. First, submission of the NDC every five years and the implementation for the fulfillment of NDC. Second, establishing and implementing an adaptation plan and submission of a report of the implementation plan. Third, submission of a national inventory report and information to track the implementation and progress of the NDC. Last, providing financial resources for developing countries if designated as a developed country. Among these four, the first obligation is most important as it is considered the foundation of the Paris Agreement. Even though the NDC lacks legal binding, its political binding is considered strong. Thus, efforts to achieve the emission reduction targets, implementation plan, and measurements for implementation which are stated within the NDC are needed. In June 2015, the Korean government has internationally announced its plan to reduce its greenhouse gas emission by 37% of the BAU until 2030. This promise is considered its immediate objective. It would be difficult now to decrease the reduction goal or renounce its implementation plans. The establishment of the new climate change regime is pressuring Korea`s response to climate change. The Paris Agreement declares participation of all developed and developing countries. For this reason, the meaning and the effectiveness of differentiation of two is considered insignificant. However, the international society has declared Korea as a developed country and has the possibility to demand considering its status. If wise actions are not taken, the country could face crisis both domestically and internationally. Active preparation for future negotiations should be made. In addition, among others, strict implementation of the emission trading system, preparing of domestic implementation laws, introducing carbon tax, repealing the fossil fuel subsidy, and expanding the use of renewable energy should be fulfilled. If actions are not taken now, there would be a bigger price to pay later.

환경판례의 이상과 현실

김홍균 ( Hongkyun Kim ) 한국환경법학회 2020 환경법연구 Vol.42 No.2

When it comes to protecting rights, the court should serve as its last fortress. While the court over the days has shown ample examples of authoritative and admirable decisions enough to quiet down controversies, some of its judgments, though few in the number of cases, has ironically resulted in more argument. The main culprits behind these cases include the lack of logic, inaccurate expressions, ambiguous stances that provide loopholes, reversals and conflicts in and among decisions and the involvement of politics. In the backdrop, the lack of environmental knowledge and experience, the shortage of expertise, the absence of environmental philosophy, the divergence in environmental awareness and the lack of confidence has also contributed to the problem. As environmental problems intensify and its contents become more complicated, entailing issues will both widen and become more detailed. As a result, related legal theories will be to become more complex and diverse too. If the court fails to settle controversies only to incite more of them, social conflicts will continue, causing nation-wide chaos and waste of resources. People will consequently lose faith in the court and it’s authority will plunge. The problem doesn’t end here -- individuals seeking the protection of their rights will be hit most directly. At a time when environmental judicial precedents are quickly accumulating, a case study would help us look at theory and reality and their weaknesses and strengths. We can think of it as a interim review, and it would be convenient to keep in mind that judges are human too. It may be difficult to deduce implications from just a few cases, but the smallest steps to narrow the gap between theory and reality will help bring forward the ultimate and definite protection of environmental rights. It is already encouraging to see the court consider the environmental interest as a “higher value”, “something more superior to business profits and the benefits of enjoying leisure” or “a status that comes before the freedom of exercising land ownership”. The public is anticipating these perceptions to become a reality and not stay as mere theories. It is time for the court to pluck up courage and reform itself.