현행 가압류 및 다툼의 대상에 관한 가처분 제도의 문제점과 개선방안

노재호 한국민사집행법학회 2022 民事執行法硏究 : 韓國民事執行法學會誌 Vol.18 No.2

It has been 20 years since the Civil Execution Act was enacted and enforced in the Republic of Korea. In this article, I reviewed the implementation progress, examined the current status, and studied problems and improvement plans, focusing on provisional seizure and provisional disposition with regard to the objects of dispute. The preservative measures system should be designed and operated to swiftly and efficiently protect legitimate creditors while minimizing undue damage to debtors. Looking back on the past 20 years, the discussion initially focused on the prompt preservation of the rights of creditors, but later gradually concentrated on preventing the abuse of preservative measures and protecting the debtors from unfair preservative measures, resulting in considerable changes in laws, systems and practices. Consequently, the number of applications for preservative measures decreased by approximately 80% points. It is important to prevent the abuse of preservative measures, but in the process of changing the judicial practice for this purpose, we need to reflect whether there has been an increase in the number of cases where legitimate creditors have lost the opportunity to preserve their rights due to requesting an excessively high clarification on the reason for the preservative measures or demanding an excessively burdensome security. The primary purpose of the preservative measure system is to protect legitimate creditors. In addition, changes in practice, not improvements in laws and regulations, should be made as uniformly as possible. Although there is inevitable difference in the standard of judgment for each court due to great discretion in determining the preservative measures, too much deviation could cause side effects that the so-called forum shopping can bring, which ultimately could impede people’s trust in the judicial system. On the other hand, the interests of creditors and debtors must be harmonized within the overall preservative measures system. That is, even if prompt preservation of the creditor's rights is the main focus in the stage of determining the preservative measure, once the preservative measure is executed, the debtor must receive prompt relief from the undue preservative measures. To achieve this objective, if the debtor files an objection to or revocation of the preservative measure order, the court must above all proceed with an early hearing date and make a prompt decision. In addition, the security system should be operated so that the debtor who has been subjected to an unfair preservative measure can easily exercise the right to collateral and receive sufficient compensation for damages. 이 글에서는 민사집행법 제정 20주년을 맞아 가압류와 다툼의 대상에 관한 가처분을 중심으로 그 시행 과정을 회고하고 현황을 점검하며 문제점과 개선방안을 살펴보았다. 보전처분제도는 정당한 채권자를 신속하고 효율적으로 보호하는 한편 그로 인해 채무자가 부당한 피해를 보는 일이 최소화되도록 제도가 설계되고 운영되어야 한다. 지난 20년을 돌아보면 처음에는 채권자의 신속한 권리보전에 주안점을 두었다가 점차 보전처분의 남용을 방지하고 부당한 보전처분으로부터 채무자를 보호하는 데 논의가 집중되었고, 이에 따라 적지 않은 법령과 제도, 실무의 변화가 있었다. 그 영향으로 보전명령 신청사건의 접수건수가 약 80% 포인트 감소하기도 하였다. 다만 보전처분의 남용을 막는 것도 중요하지만, 이를 위한 실무운영방식의 변화 과정에서 보전명령 발령단계부터 소명이나 담보를 지나치게 높게 요구하여 혹시 정당한 채권자가 권리보전의 기회를 잃게 되는 경우가 늘어나지는 않았는지도 돌아볼 필요가 있다. 보전처분 제도의 1차적 목적은 정당한 채권자의 보호에 있다는 점을 잊어서는 안 된다. 아울러 법령이나 제도의 개선이 아닌 실무운영방식의 변화는 어느 정도 통일적으로 이루어져야 한다. 보전처분은 그 특성상 합목적 판단의 여지가 크므로 각 법원과 재판부 사이에 실무운영기준의 편차가 있을 수밖에 없지만, 그 편차가 클 경우에는 이른바 포럼 쇼핑의 부작용을 낳게 되고, 궁극적으로 재판에 대한 국민의 신뢰를 저해할 우려가 크다. 그러므로 적어도 유사한 지역에서의 실무운영기준은 어느 정도 통일적으로 마련되어야 할 것이다. 한편, 보전처분제도의 전 단계를 아울러 볼 때 채권자와 채무자의 이익이 조화를 이루어야 한다는 점은 아무리 강조해도 지나치지 않다. 즉, 보전명령 발령단계에서는 채권자의 신속한 권리보전에 중점을 두더라도, 일단 보전명령이 집행된 이후에는 부당한 보전처분으로부터 채무자가 신속한 구제를 받을 수 있도록 하여야 한다. 이를 위해서는 무엇보다 채무자가 보전명령에 대한 이의나 취소를 신청한 경우 2005년 민사집행법 개정의 취지가 구현될 수 있도록 법원이 채무자 조기 심문을 실시하여 신속하게 결정을 하는 방향으로 재판실무의 개선이 절실히 요구된다. 그리고 담보제도가 제 역할을 할 수 있도록 부당한 보전처분을 당한 채무자가 용이하게 담보에 대한 권리를 행사하고 나아가 그것으로부터 충분한 피해 배상을 받을 수 있게끔 제도를 개선하고 판례를 형성하여 나갈 필요가 있다.

폐기물매립장 사업의 수환경 평가분야 개선방안 연구

지민규,안준영,이진희,주용준,이병권,김경호,장원석 한국환경연구원 2021 기본연구보고서 Vol.2021 No.-

Ⅰ. Research Purpose and Objective 1. Heading □ Water pollution caused by leachate generated from waste landfills continues to occur, for which proactive investigation and response measures are required. Currently, an environmental impact assessment system is in operation to predict and assess the environmental impact of waste landfill projects in advance in order to avoid or minimize the impact. However, the effectiveness of the environmental impact assessment for leachate management from landfill sites must be attentively diagnosed, considering the frequent identification of water pollution cases in post-environmental impact assessment outcomes. In addition, the designation of the site, and installation and management of the facilities of waste landfills are subject to the Environmental Impact Assessment Act, the Wastes Control Act, and the Installation of Waste Disposal Facilities and Assistance promoted to Adjacent Areas Act. Therefore, the water environmental impact assessment criteria for environmental impact assessment must in line with the current waste management act and regulations to develop a reasonable improvement method. ㅇ The main objective of this study was to investigate and analyze water pollution cases caused by the operation of waste landfill projects to comprehensively identify the causes of pollution and describe the improvements points. Ultimately, this study aims to establish measures to improve the environmental impact assessment of waste landfill projects, in conjunction with the causes of water environmental issues, to contribute to the development of appropriate plans and management measures for construction and operation. Ⅱ. Current State of Waste Landfill Facility Management and Characteristics of Leachate Generation □ This section presents the results of the investigation of the factors subject to facility management and the outcomes of operating public waste landfill facilities, to identify the general management and operation statuses of the South Korean waste landfill facilities. In addition, the changes in water quality and state depending on the type of landfill, age of landfill, etc., were studied, and the application methods for efficient leachate treatment were examined to identify the characteristics of leachate, which is the main cause of water environmental issues originating from landfills, and to minimize the environmental impact of polluted sources. ㅇ The factors subject to landfill management for reducing the impact on the water environment included water quality investigation standards, leachate level management standards, soil covering standards, etc. Furthermore, the compaction efficiency of landfill facilities, leachate reduction rate, and current state of structural stability of landfill facilities were found to be relevant. In the actual operation conditions survey, many facilities in public waste landfills were found to be insufficiently managing the corresponding indicators, for which improvements are necessary. The management factors are covered in detail in the third section Analysis of the Cause of Water Pollution and Countermeasures and the fourth section Improvement Proposal for the Assessment Method in Environmental Impact Assessment of this paper. ㅇ Since water quality properties and biodegradability of the pollution source based on the quality and state of leachate vary depending on the type of landfill waste and the age of landfill, it is necessary to establish an appropriate plan during environmental impact assessment for developing and efficiently operating a suitable leachate treatment facility. This study aimed to identify the estimated water quality and state based on the type of waste brought in and the landfill phase to design a suitable treatment technique and establish an operations management method of the process for each phase. Ⅲ. Analysis of the Cause of Water Pollution and Countermeasures □ Extensive research on water pollution cases originating from landfills is crucial for acquiring baseline data for comprehensively analyzing the cause and developing its improvement measures. A wide range of data was investigated and analyzed, including press releases by the media and relevant authorities, academic materials, technical diagnosis reports, and public data. Expert seminars, joint field surveys (environmental impact assessment target projects), interviews with relevant authorities, and stakeholder surveys were conducted to identify the cause of the issue and draw improvement points. ㅇ Despite the terms of obedience presented for each phase, including the standards for installation, management, and post-management for waste landfill facilities, in the Wastes Control Act and others, the water environment has been confirmed to be impacted by insufficient facility planning and installation, and lack of operations management technologies. Research showed that the water environmental impact originating from leachates stemmed from installation to operation and management periods of facilities for cutting off water flow, treating leachates, leachate management water level, dumping, and soil covering. The improvement methods proposed for the relevant causes were focused on the technical aspects, such as landfill design, construction, and operations management. ㅇ The landfill stakeholders (e.g., design, supervision and construction, facility operations management, and environmental impact assessment agencies) survey was divided into the landfill site, planning (design), construction, operations management, and environmental impact assessment before proceeding. Consequently, the responses revealed that the 1) ground properties at the time of landfill site selection, 2) water insulation techniques during design, 3) waterproof membrane damage prevention during construction, 4) natural disaster and leachate treatment processes during landfill operation, and 5) establishment exclusion criteria for other emplacements were closely related to the causes of leachate-derived water environmental impacts. ㅇ The data from the survey above was considered to be useful as baseline data for improving the assessment methods in environmental impact assessments, and the major contents from the factors drawn from above were correlated and specified under section four's improvement proposal for the assessment method in the environmental impact assessment part. Ⅳ. Environmental Impact Assessment Amendment Proposal □ Standardization measures are necessary for the preparation of environmental impact assessment and for the reflection of the improvement proposal associated with the causes of water environmental issues to carry out effective environmental impact assessments of waste landfill projects. In this study, the current content of the assessment report and the research results from section three were shared with environmental impact assessment experts to collect their views regarding the problems of the overall assessment and the possible improvements. The results of the survey were organized for the expert forum. The contents drawn as the final improvements for the environmental impact assessment by the forum were reflected in the environmental impact assessment manual and locational guideline (draft) after the analysis of the current method of preparation of the environmental impact assessment report and verification of its applicability. ㅇ The supplements to the environmental impact assessment report preparation and review manual corresponded to the examination of the comparison of alternatives, calculation of the generated leachate, leachate water insulation facility, installation plan of the flow control reservoir, treatment plan for the leachate, management of water level of the leachate, waste landfill method (including sludges), cover material supply and management plan, post-environmental impact assessment, etc., which correspond to the main contents applicable to the entire environmental impact assessment project including strategic environmental assessment. Most of their subjects were proposed as substantially supplemented and amended contents, based on the factors included in the existing environmental impact assessment reports and the causes of water environmental problems due to leachate uncovered from this study. ㅇ The manual will supplement the waste treatment facility section of the manual for preparation and review of environmental impact assessment report (by assessment criteria and by project), and the locational guideline (plan) will be reflected in Chapter 15, Waste, Manure, and Livestock Manure Treatment Facility Installation, within the strategic environmental impact assessment manual (basic development plan). A problem resulting from a landfill project has a relatively significant environmental impact compared to other development projects. Thus, the development of a separate guideline and manual along with in-depth research for the assessment criteria of landfill projects is proposed for the future because these projects have high regional and social sensitivities. Ⅴ. Policy Improvement Measures for Waste Landfill Facilities □ While deriving improvements for the environmental impact assessment, those associated with the policy were proposed as legal amendments (draft) regarding waste landfill management. The waste landfill method, leachate water level management, well groundwater pollution monitoring standard, and permissible leachate emission standard corresponded to the parts relevant to management. The leachate reuse method and post-environmental impact assessment period during environmental impact assessment were also included as other criteria. The legislation related to the amendment (draft) were the Wastes Control Act, Act on Promotion and support of Water Reuse, and Environmental Impact Assessment Act, as presented in Table 1. ㅇ The amendment (draft) to the legislation was made after collecting opinions from experts in the design and supervision of domestic waste landfills, experts from environmental impact assessment agencies, and experts from public institutions (Korea Environment Corporation). It is considered that supplementary research for each issue, precise investigation and analysis of the necessity, and collection of opinions from diverse stakeholders must be entailed for the proposed amendment to be reflected in the future. □ Besides the legislation amendments (draft), other proposed policy improvement measures for waste landfill facilities included expanding the scope of government support for strengthening facility installation standards, encouraging recent landfill operation technology systems (leachate recirculation bioreactor), strengthening the standards for the scope of landfill management supervision and training professionals, executing efficient landfill inspection plans, and expanding waste landfill management scopes for relevant institutions. Ⅵ. Conclusions and Recommendations □ This study was conducted to develop improvement measures for environmental impact assessment of water environments in waste landfill projects. The evaluation criteria relevant to impact on water quality, mainly involving leachate, during the construction and operation of landfill facilities were water environment (water quality, hydrogeology, and groundwater), topographic and geological, and environment-friendly resource cycle, in which the insufficient factors during environmental impact assessment were supplemented and improved through this research. The essential points from the research results, as extensive content, including the evaluation of comparison of alternatives, impact forecast, reduction measures, and post-environmental impact assessment, were reflected in the environmental impact assessment report preparation, the review manual, and the locational guideline (plan). The points that required legislative amendment were proposed as policy improvements. This research was meaningful since not only extensive data were studied but also opinions from numerous stakeholders including landfill design, supervision, and construction experts, environmental impact assessment agency experts, landfill management public institution experts, and landfill operations management practitioners were comprehensively collected to derive realistic and highly-effective outcomes. Meanwhile, minimizing the water environmental impact originating from landfill leachate only through supplementations and amendments (draft) to the relevant legislation and guidelines is limiting. Therefore, proactive technical support from relevant authorities (including private facilities) and systematic operations management and supervision execution from local governments (including operator entities) are required.

개인형 이동장치의 안전 주요 문제점 및 개선방안 연구

강성경,강승식 한국재난정보학회 2022 한국재난정보학회 논문집 Vol.18 No.1

Purpose: Recently, as the use of Personal Mobility (PM) continues to increase, accidents are also increasing explosively every year. Accordingly, the safety requirements for PM use are being strengthened, but there are still insufficient laws/systems, infrastructure, and management systems for a safe environment. Therefore, in this study, the main problems and improvement methods are comprehensively searched based on the review of previous studies related to PM, and priorities are presented according to the importance of the improvement methods through the Delphi survey. Method: The research method is mainly composed of literature study and expert survey (Delphi survey). Existing prior research and improvement cases (local governments, government departments, companies, etc.) are reviewed to derive problems and improvements, and a problem/improvement classification table is created based on keywords. Based on the classification contents, an expert survey is conducted to derive a priority improvement plan. Result: The PM-related problems were 'non-compliance with traffic laws, lack of knowledge, inexperienced operation, and lack of safety awareness' in relation to human factors, and 'device characteristics, road-drivable space, road facilities, parking facilities' in relation to physical factors. 'Management/supervision, product management, user management, education/training' as administrative factors, and legal factors related to all these factors are divided into 'absence/sufficiency of law, confusion/duplication, reduced effectiveness'. Improvement tasks related to this include 'PM education/public relations, parking/return, road improvement, PM registration/management, insurance, safety standards, traffic standards, PM device safety, PM supplementary facilities, enforcement/management, dedicated organization, service providers, management system, and related laws/institutional improvement', and 42 detailed tasks were derived for these 14 core tasks. As a result of the importance evaluation for detailed tasks, the tasks with an overall high average for the evaluation items of cost, time, effect, urgency, and feasibility were 'strengthening crackdown/instruction activities, education publicity/campaign, truancy PM management, and clarification of traffic rules'. Conclusion: The PM market is gradually growing in size based on shared services, and a safe environment for PM use must be ensured along with industrial revitalization. In this respect, this study is meaningful in that it seeks out the major problems and improvement plans related to PM from a comprehensive point of view and prioritizes the necessary improvement measures, and its value is valuable in that it can serve as a basis of data for future policy establishment. In the future, in-depth data supplementation will be required for each key improvement area for practical policy application. 연구목적: 최근 개인형 이동장치(PM : Personal Mobility) 이용이 지속적으로 증가하면서 사고 또한 매년 폭발적으로 급증하고 있다. 이에 따라 PM 이용에 대한 안전 요구가 강화되고 있으나 여전히 안전한 환경을 위한 법/제도, 인프라, 관리체계 등은 부족한 실정이다. 따라서 본 연구에서는 PM 관련 선행연구 검토를 토대로 주요 문제점과 개선방안을 종합적으로 모색하고, 델파이조사를 통해 개선방안의 중요성에 따른 우선순위를 제시한다. 연구방법: 연구방법은 크게 문헌연구와 전문가 설문조사(델파이조사)로 구성된다. 기존의 선행연구와 개선사례(지방자치단체, 정부부처, 업체 등)를 검토하여 문제점, 개선사항을 도출하고 키워드를 기반으로 문제점/개선사항 분류표를 작성한다. 분류 내용을 토대로 전문가 설문조사를 실시하여 우선순위 개선방안을 도출한다. 연구결과: PM 관련 문제점은 인적요인과 관련하여 ‘교통법규 미준수, 지식 부족, 조작 미숙, 안전의식 부재’가, 물리적요인과 관련하여 ‘기기 특성, 도로-주행 가능 공간, 도로시설물, 주차시설’이, 관리적요인으로 ‘관리/감독, 제품관리, 이용자관리, 교육/훈련’이, 그 외 이 모든 요인들과 관련한 법률적요인을 ‘법률 부재/미흡, 혼선/중복, 실효성 저하’ 측면으로 나눠볼 수 있었다. 이와 관련한 개선과제로 ‘PM 교육·홍보, 주차·반납, 도로개선, PM 등록·관리, 보험, 안전기준, 통행기준, PM 기기안전, PM 부대시설, 단속/관리, 전담조직, 서비스제공업체, 관리체계, 이와 관련한 법/제도 개선’의 14개 핵심 부문에 대해 42개 세부 과제를 도출하였다. 세부 과제에 대한 중요도 평가결과 비용, 시간, 효과, 시급성, 실현가능성 평가항목에 대해 평균이 종합적으로 높은 과제는 ‘단속/계도활동 강화, 교육홍보/캠페인, 무단방치 PM관리, 통행규정 명확화’로 나타났다. 결론: PM 시장은 공유 서비스를 기반으로 점차 시장 규모가 커지고 있으며, 산업 활성화와 더불어 PM 이용의 안전환경이 보장되어야 한다. 이러한 측면에서 본 연구는 PM 관련 주요 문제점, 개선방안을 종합적인 관점에서 모색하고 우선적으로 필요한 개선대책의 순위를 알아본데 있어 그 의미가 있으며 향후 정책수립 자료의 기초가 될 수 있다는 점에서 그 가치가 있다. 향후에는 실질적인 정책 적용을 위해 개선 핵심 분야별로 심층적인 자료 보완이 필요할 것이다.

소방부패 근절을 위한 정책개선방안에 대한 상대적 중요도 분석

류상일 ( Ryu Sang Il ) 한국정책연구원 2017 한국정책논집 Vol.17 No.-

This study attempted to empirically investigate which improvement measure should be more important or should be prioritized among the improvement factors for the reduction of fire-fighting corruption through expert AHP analysis. As a result, experts have found that, to reduce fire-fighting corruption, above all, it is urgent to improve the internal aspect of the organization. In other words, it can be seen that it is urgent to improve within the organization, such as rapid and fair measures, the establishment of transparent administrative culture, and the operation of internal accusations and surveillance systems. In addition, in analyzing the priorities of the subfactors, it was recognized that rapid and fair measures should be the most urgent to improve internal organization. In terms of environment/personal, it is recognized that the welfare of fire-fighting public servants should be urgently improved as a first priority. Finally, from an institutional standpoint, it can be seen that improvements of unrealistic regulations are recognized as the first priority to be improved. Particularly, in the point of improvement for the reduction of fire-fighting corruption considering composite weights, it was recognized that quick and fair measures (internal aspect of the organization) should be the urgent improvement in the first place. Second, the establishment of a transparent administrative culture (internal organization aspect) was recognized as a factor to be improved in the second place. And it was found that the improvement of welfare of fire-fighting public servants (environmental/ personal aspect) was recognized as a factor to be improved in the third place.

The Economic Improvement and Opening Measures of North Korea and Problems in Agricultural Sector

( Young Hoon Kim ) 한국농업경제학회 2003 농업경제연구 Vol.44 No.3

The Economic Management Improvement Measures for agricultural productivity are expected to increase in North Korea. These Measures include increases in the price of agricultural products, and attempts to increase agricultural productivity by implementing a new performance based product distribution system to further motivate farm workers. However, due to problems inherent in the Improvement Measures and the failure to resolve the severe shortage of capital, North Korea`s agricultural production is not projected to meet expectations. To solve the shortage of capital in agricultural sector, North Korea should obtain major assistance from the international community. The new special economic zones should be seen as North Korea`s efforts to attract investment from the international community. An approach should be adopted in order to search for the proper path to achieve economic cooperation between the two Koreas based on the special economic zones. It is also necessary to develop e agriculture in these adjacent areas, and to establish inter-Korean cooperative measures. And then, North Korea`s opening strategy can be complemented, and inter-Korean agricultural cooperation strengthened.

모니터링위원회를 통한 작업환경 개선 활성화 방안

황규석 한국산업보건학회 2018 한국산업보건학회지 Vol.28 No.2

Objectives: We analyzed the problems that work environment measurement results don't lead to workplace improvement in the Work Environment Measurement System to propose an alternative. Methods: We reviewed reports and articles written by the Korea Occupational Safety and Health Agency and academic circles to identify the problems in the current Work Environment Measurement System and suggest an alternative. Results: One of the reasons that the Work Environment Measurement has not resulted in workplace improvement is that there were no proper regulating systems for managing the workplace improvement plans or improvement results. Moreover, there are not enough professional manpower in ministry of labor to evaluate the improvement plans and results from the Work Environment Measurement. Therefore, all of the workplace whose Work Environment Measurement results exceed the occupational exposure limit (OEL) should be managed by regional ministry of labor, and outside experts and new system for verifying improvement are needed. Conclusions: To accomplish the purpose of Work Environment Measurement, it is necessary to improve the work environment according to the results of Work Environment Measure. For this, it is necessary for the government to manage the fulfillment of workplace improvement plans and for measurement agencies to secure expertise.

Evaluation of Postural Load during Liquid Weight Measurement Process Using Ratio of Exposure Time

Sung Koon Lee,Peom Park 대한인간공학회 2012 대한인간공학회지 Vol.31 No.3

Objective: The aim of this paper was to prove that if the risk level in combined tasks was improved through evaluation of postural load of liquid weight measurement process, the workload level and ratio of exposure time would be changed, and the time of process would be seen concurrently. Background: According to results of epidemiological studies conducted by Korea Occupational Safety & Health Agency, 122 musculoskeletal disorders occurred during 1992 to 2008, in which manufacturing industry covers 96(78.7%) of total. However, this is an insufficient level and only occupies 39% based on the South Korea"s manufacturing standard industrial classification(246 industries). Method: Firstly, the number of batches weighed on one day(460min) was investigated based on the work performed and Weight measured weekly. VCR recording was taken based on the level of liquid ingredients prescribed for 1batch using the Camcorder. After dividing a 356 sec video into 1 sec using the screen capture function in Gom player, the job classification was performed by analyzing the change of working postures, which revealed 148 working postures. Time measurement was decided by time of the postures was being maintained. Then, the REBA analysis was performed for the working postures. The ratio of Exposure time was calculated based on the measurement time and REBA Score. In addition, the recommendations were designed and implementation was carried out for the working postures with REBA Score higher than 3. Finally, after the intervention, REBA measurement, time measurement, and ratio of exposure time were calculated for the comparison of works before and after improvement. Results: The number of work elements was decreased by 30.4% from 148 to 103 after improvement. The results of time measurement showed that the time was reduced by 46.3% from 356 sec to 191 sec. And the ratio of exposure time was also improved by 52.1% from 0% to 52.1% after improvement. Conclusion: The reduction of time was found to improve the productivity of management. Furthermore, because the reduction of ratio of exposure time and the improvement of workload level are the improvement of discomfort, it would contribute to the improvement of the worker"s psychological working posture. Application: These results would contribute to musculoskeletal disease prevention and management performance. Further studies for other industries would be needed based on this case study.

민사집행법상 재산명시의 신속성・실효성・정보화 제고방안

이찬양 한국민사집행법학회 2025 民事執行法硏究 : 韓國民事執行法學會誌 Vol.21 No.-

채무자가 채권자에게 채무를 변제하지 않는 경우 채권자는 채무자 재산을 파악하기 위해 재산명시 제도를 이용하곤 한다. 재산명시제도는 과거 실효성 문제가 적시되었는바, 이에 따라 과거 2002년 민사집행법을 제정할 당시 재산명시제도의 실효성 및 효율성 확보를 위해 감치 제도와 재산조회제도를 도입하였다. 재산명시에 관한 이와 같은 보완적 대응에도 불구하고 현재까지도 재산명시제도에 있어 ⅰ) 재산명시의 소요기간의 장기화, ⅱ) 채무자의 형식적 재산목록 제출, ⅲ) 재산목록 활용성 저하, ⅳ) 감치 제도의 비효율성, ⅴ) 재산조회제도의 한계 등의 문제가 상존하는바, 본 제도의 효율성, 실효성 논란은 계속되고 있다. 이에 현행 민사집행법상 재산명시 제도의 실효성을 높여야 한다는 견해 등이 개진되는바, 본고에서는 이러한 사회적 논의 필요성과 결부하여 재산명시의 합리적 방안 등에 관해 신속성・실효성・정보화 측면에서 논의하였다. 또한, 재산명시에 관해 역시 신속성・효율성・정보화 시각에서 비교법적 검토를 진행하였다. 비교법적 검토를 통한 각국에서의 시사점을 토대로 재산명시의 신속성 제고방안을 다음과 같이 검토하였다. 첫째, 독일 실무를 참고하여 채무를 이행하지 않는 채무자를 상대로 즉시 채무자 재산정보를 수집하는 것보다 채무자에게 일부 기간을 부여하여 본인이 직접 임의 이행을 유도하는 방안은 합리적이다. 둘째, 일본 사례를 검토하여 재산명시 전치주의 폐지를 고려할 필요가 있다. 셋째, 재산명시 대상에 있어 채무자의 외국 소재 재산은 원칙적으로 그 대상이 되지 않는 것으로 판단하는 것이 합리적이다. 다만, 예외적으로 채무자가 국내 모기업 내지 모회사인 경우 이러한 국내 모기업 내지 모회사의 법인격 없는 해외 영업소나 지점 등이 보유하고 있는 계좌는 채무자의 재산명시 재산에 포함되는 것으로 판단하는 것이 합리적이다. 재산명시의 실효성 제고방안은 다음과 같이 검토하였다. 첫째, 재산명시절차에서 채무자가 재산목록에 기재하여야 하는 재산에 관한 기한은 채무자가 자발적으로 작성하므로 그 정확성을 보장하기 어려운 점, 재산명시기일에 채무자의 불출석 또는 재산목록 미제출 등이 발생하여도 다소 그 제재의 강도가 약한 감치에 행해진다는 점 등을 고려할 경우 재산명시절차에서 채무자의 재산명시 대상재산의 시적 범위를 다소 연장할 필요가 있다. 둘째, 채무자가 법원에 제출하여야 할 재산목록에는 모든 강제집행 대상이 되는 재산을 기재하여야 하는바, 본 재산목록 대상에는 채무자의 적극재산뿐만 아니라 채무 또는 부채 등과 같은 소극재산도 포함하는 것이 합리적이다. 셋째, 독일 실무를 검토하여 감치집행기간을 연장하고 감치 기간도 상향하는 방안의 모색도 매우 조심스럽게 고민할 필요가 있다. 재산명시의 정보화 제고방안은 다음과 같이 검토하였다. 첫째, 일본의 채무자 근무처에 관한 정보제공명령, 독일의 채무자 재산에 관한 제3자정보(Auskünfte Dritter)제공 제도를 토대로 채무자 근무처, 사업장, 급여채권 조회제도의 도입을 신중하게 고려할 필요가 있다. 다만, 이 경우 채무자에게 다소 가혹한 측면 또는 사생활 침해 가능성이 있으므로 본 제도에는 ⅰ) 재산명시 전치주의의 예외적 적용, ⅱ) 신청권자 범위의 합리적 제한, ⅲ) 강제집행 이외 목적으로 재산조회 결과의 이용행위 제재, ⅳ) 재산명시기... When a debtor fails to repay a debt to a creditor, the creditor often uses the property specification system to find out the debtor's assets. The property specification system has been criticized for its effectiveness in the past. Accordingly, when the Civil Execution Act was enacted in 2002, the detention system and the property inquiry system were introduced to ensure the effectiveness and efficiency of the property specification system. Despite these complementary responses to the property specification system, the system still has problems such as i) the lengthening period required for property specification, ii) the debtor's submission of a formal property list, iii) reduced usability of the property list, iv) the inefficiency of the detention system, and v) the limitations of the property inquiry system. As a result, the efficiency and effectiveness of this system are still being debated. Accordingly, there are opinions that the effectiveness of the current property specification system under the Civil Execution Act should be improved. In this paper, in connection with the necessity of such social discussion, we discussed rational methods of property specification from the perspectives of speed, effectiveness, and information technology. In addition, we conducted a comparative legal review of property specification from the perspectives of speed, efficiency, and information technology. Based on the implications of each country through comparative legal review, the following measures were examined to increase the speed of property specification. First, referring to German practice, it is reasonable to allow the debtor to induce voluntary performance by himself/herself by giving the debtor a certain period of time rather than immediately collecting the debtor's property information from the debtor who does not perform his/her obligation. Second, it is necessary to consider the abolition of the principle of preemptive property specification by examining the Japanese case. Third, it is reasonable to determine that the debtor's foreign properties are not subject to property specification in principle. However, in exceptional cases where the debtor is a domestic parent company or parent company, it is reasonable to determine that accounts held by overseas business offices or branches without corporate status of the domestic parent company or parent company are included in the debtor's property specification assets. The measures to improve the effectiveness of the property specification were reviewed as follows. First, the deadline for the property that the debtor must list in the property list in the property specification procedure should be reviewed as follows. Considering that the property specification is prepared voluntarily by the debtor, so it is difficult to guarantee its accuracy, and that even if the debtor does not appear on the property specification date or fails to submit the property list, it is subject to a somewhat weak detention against the debtor, it is necessary to extend the timely scope of the debtor's property specification in the property specification procedure. Second, the property list that the debtor must submit to the court must list all properties subject to compulsory execution, and it is reasonable to include not only the debtor's active properties but also negative properties such as debts or liabilities in the property list. Third, after reviewing German practice, it is necessary to very carefully consider a plan to extend the detention execution period and increase the detention period. The measures to enhance the informationization of property specification were reviewed as follows. First, it is necessary to carefully consider the introduction of a debtor's workplace, business place, and salary receivable inquiry system based on Japan's order to provide information on the debtor's workplace and Germany's system for providing third-party information (Auskünfte Dritter) on debtor's p...

탄소중립 이행을 위한 공간환경사업의 법체계 정비방향

박창석,최환용,송지윤,이영경,박기웅 한국환경연구원 2022 수시연구보고서 Vol.2022 No.-

Ⅰ. Introduction 1. Background and aims of research □ With the beginning of the European Green Deal of the European Union in December 2019, the international community has set the goal of achieving carbon neutrality by reducing carbon emissions to zero by 2050. Korea also declared that the country would go carbon neutral in 2020 and promoted the smart green city project as part of the Green New Deal. □ Subsequently, in August 2021, the Framework Act on Carbon Neutrality and Green Growth to Cope with Climate Crisis (hereinafter referred to as the Carbon Neutrality Framework Act) was enacted, but the legal and institutional basis for local governments to implement carbon neutrality was still insufficient. It is urgent to share roles and improve the legal system. 2. Research structure □ The necessity and purpose of the study were identified based on the background of the study and awareness of the problem, and the current status of the carbon-neutral environment projects at home and abroad and related legal systems were analyzed. ㅇ Overseas cases in this study include the Low-carbon Town Project and regional decarbonization project in Japan, the Boston metropolitan area climate zoning in the United States, and the 100 Climate-Neutral and Smart Cities by 2030 in the EU. □ This study examined the existing legal system on spatial environment projects (legal grounds for carbon-neutral cities, project content, etc.) and the direction to modify those projects so that they can support the system and proposes to enact a separate law for carbon-neutral environment projects based on the integrated management of land and environment. ㅇ This study aims to prepare the draft of what is tentatively named the “Act on Spatial Environment Improvement Projects for the Implementation of Carbon Neutrality,” taking into account the concept and basic principles, the target and scope of application, main responsible bodies and the system for its promotion, and details regarding how to secure financial resources. 3. Approach to spatial environment and carbon neutrality □ Cities are where a great volume of greenhouse gases are emitted from buildings, transportation, waste treatment, and energy consumption. They are also an innovative space that can create economies of scale in reducing greenhouse gases thanks to the high density of socio-economic activities and infrastructure. □ Carbon neutrality in cities needs to be approached spatially and environmentally, taking into account physical characteristics, social conditions, and economic activities comprehensively, and achieving carbon neutrality should be carried out as a unified system, not through individual GHG reductions by sector. Ⅱ. Analysis of the Status of Overseas Carbon-neutral Spatial Environment Projects 1. Current status and characteristics of Japan’s carbon-neutral projects □ Japan’s low-carbon town development project is based on the Low Carbon City Promotion Act. The state comprehensively formulates and implements policies to promote urban decarbonization, and municipalities which are local public entities devise plans for low-carbon town development and new low-carbon buildings according to local characteristics and conditions. ㅇ In order to increase the effectiveness of the project according to the plan, special cases and support for the project are specified in seven areas including urban function, public transportation, green space, renewable energy, electric vehicle infrastructure, and so on. ㅇ A business operator can apply for the recognition of a municipality by preparing a business plan according to the low-carbon town development plan. To ensure smooth progress, the organization and operation of municipalities’ business councils were institutionalized, and it is specified that the decision makers in city planning should consider the low-carbon town development project in the process of reviewing and setting up a city plan. □ Japan’s regional decarbonization project is based on the Act on Promotion of Global Warming Countermeasures. It has a system consisting of the global warming countermeasures set by the government, the government action plan set by the Ministry of Environment, and the local public entity action plan set by the municipalities. ㅇ The measures of the action plans are divided into renewable energy, eco-friendly products, local environment maintenance, and the creation of a circular society. A business operator can apply for the recognition of a local public entity by preparing a project plan for regional decarbonization. ㅇ The plan includes the project goals, project areas, types and sizes of promotion facilities, consultations with residents, and horizontal linkage by project entity. 2. Current status and characteristics of the climate zoning system for carbon neutrality in the Boston metropolitan area in the United States □ Climate zoning refers to a system that regulates the energy efficiency and design of buildings, induces intensive development, and provides incentives for low-carbon buildings and technologies. MAPC, Boston’s regional planning agency, proposes a carbon-neutral strategy for the building sector through the zoning system. □ The ordinances of several cities in Massachusetts specify the climate zoning, and the technology to promote net zero emissions was adopted, overlay districts were designated, the use of renewable energy was made mandatory, and the process of obtaining the net zero energy building certification was simplified and shortened. 3. Current status and characteristics of the European Union’s 100 Climate-Neutral and Smart Cities □ The European Union proposed the 100 Climate-Neutral and Smart Cities Program, which aims to establish at least 100 climate-neutral and smart cities by 2030 and use them as hubs to achieve climate neutrality in all cities by 2050. □ To help cities achieve climate neutrality, a planning agreement system called the Climate City Contract was established to support legal, institutional, and financial frameworks. □ Climate-neutral cities are selected in consideration of the size, conditions, type, and preparation level, along with how ambitious they are about reaching carbon neutrality. In April 2022, 100 among 377 cities that submitted application for participation were selected. Ⅲ. Current Status and Characteristics of Carbon-neutral Projects in Korea 1. Development of policies and projects related to carbon neutrality in Korea □ Korea tried to build a business model to solve environmental problems in urban spaces such as eco-city, sustainable city, and low-carbon green city, starting with the environmental management pilot city in the 1990s, but the goals and plans in the spatial unit were insufficient. □ In the 2020s, the Framework Act on Carbon Neutrality made it possible to promote spatial and environmental projects for achieving carbon neutrality through an overall review of climate crisis and environmental issues. A comprehensive approach is required, including buildings, transportation resource circulation, sinks, and behavior improvement. 2. Current status and characteristics of projects related to carbon neutrality based on spatial environment □ In Korea, there are 50 laws on carbon neutrality: 16 under the jurisdiction of the Ministry of Environment, 10 under the Ministry of Land, Infrastructure and Transport, 5 under the Korea Forest Service, 9 under the Ministry of Trade, Industry and Energy, 3 under the Ministry of Agriculture, Food and Rural Affairs, 4 under the Ministry of Oceans and Fisheries, 1 under the Ministry of Culture, Sports and Tourism, 1 under the Ministry of Science and ICT, 1 under the Ministry of Trade, Industry and Energy and the Ministry of Economy and Finance, and 1 under the Ministry of Environment and the Ministry of Oceans and Fisheries. □ Among them, the Ministry of Environment is promoting carbon-neutral projects across the most reduction areas according to the enhaned 2030 Nationally Determined Contributions (NDC), and it is applied to all space types except overseas territories. Ⅳ. Measures to Improve the Legal System for Spatial Environment Projects for the Implementation of Carbon Neutrality 1. Review of regulations related to spatial environment projects in the Framework Act on Carbon Neutrality □ In the Framework Act on Carbon Neutrality, regulations related to spatial environment projects are National and Regional Carbon-neutral Plans (Article 5, 6, 7), Climate Change Impact Assessments (Article 23), and Carbon-neutral Cities (Article 29). ㅇ The carbon-neutral plan has a vertical hierarchy connecting the state-government-si/do-si/gun/gu. Among them, the si/do and si/gun/gu carbon-neutral plans play the role of action plans that focus on reducing greenhouse gases according to the reduction goals and adapting to climate change. ㅇ A carbon-neutral city should be linked with the si/do and si/gun/gu carbon-neutral plans specified in the Framework Act on Carbon Neutrality, and the metropolitan city plan, si/gun basic plan and management plan specified in the Framework Act on the National Land. 2. Proposal of measures to improve the legal system for spatial environment projects for the implementation of carbon neutrality □ In order to ensure the smooth progress of carbon-neutral spatial environment projects, from the perspective of legislation, existing laws can be amended, administrative orders and administrative rules can be issued, and an independent legal system can be established. Amending the existing laws has limitations resulting from simplification, and issuing administrative orders and administrative rules may result in conflicts between ministries and laws. □ This study proposes establishing an independent legal system for the effective implementation and completeness of spatial environment projects. ㅇ Each specific project under “carbon-neutral city” has been promoted separately and partially based on individual laws. In addition, the regulation on the spatial scope is insufficient and the institutions for carrying out spatial environment projects incorporating private participation and support systems are insufficient. ㅇ Therefore, we propose the Act on Spatial Environment Improvement Projects for the Implementation of Carbon Neutrality (Carbon Neutrality Implementation Act) based on the new concept of carbon-neutral spatial environment improvement. The establishment of strategic plans, zoning-business planning, main responsible bodies and system, and measures to secure financial resources were taken into account. - The Carbon Neutrality Implementation Act will consist of the following chapters: Chapter 1 General Provisions, Chapter 2 Project Areas for Spatial Environment Improvement for the Implementation of Carbon Neutrality, etc., Chapter 3 Promotion of Spatial Environment Projects for the Implementation of Carbon Neutrality, and Chapter 4 Supplementary Provisions. - The main content includes the designation of project zones and establishment of a business plan, implementation of the spatial environment improvement projects, establishment of a comprehensive information system and designation of an exclusive support organization, relationship with related laws and expected effects, and so on. □ Considering that the local government is the main management body of the spatial environment project for the creation of a carbon-neutral city in this act, it is desirable to upgrade the land-environment plan at the local government level to integrated management. Ⅴ. Conclusion and Suggestions 1. Key findings and features □ This study has implications in that local governments can take the initiative in managing projects and promoting site-based projects by setting goals that reflect local characteristics. □ A comprehensive information system should be established to facilitate the participation of various stakeholders, including residents, experts, and project operators, and to supplement the lack of technical capabilities of local governments. In addition, it is expected that carbon neutrality can be achieved comprehensively and effectively centered on the spatial environment through the designation of a dedicated support organization. 2. Future challenges □ In order to use the outcomes of this study more effectively in policy making, it is necessary to clearly establish the legitimacy and distinctiveness of the spatial environment plan in the Carbon Neutrality Implementation Act, and to clearly establish the relationship with the National Land Planning and Utilization Act. □ Since local governments have various institutional and administrative levels, the implementation and evaluation of spatial environment projects, performance management, monitoring, and so on must be clearly defined so that they can support local governments with insufficient capacity.

포신 내경 측정시스템 개선을 통한 공정품질 향상

박영민,배인화,김상부 한국품질경영학회 2023 품질경영학회지 Vol.51 No.4

Purpose: The variation of the internal diameters of gun barrel incurs a lot of reworks in gun barrel manufacturing process and the significant quality problem of gun barrel. And it is likely to stem from the current measurement system for the internal diameter of gun barrel and the related manufacturing process as well. The purpose of this study is to improve the gun barrel manufacturing process through improving measurement system. Methods: The improved measurement system using laser can measure the internal diameters of gun barrel more accurately, and the properly adjusted honing process reduces the variation of internal diameters of gun barrel. Results: Comparing the mean square error of internal diameters for 6 gun barrels measured before and after process improvement shows that the variation of gun barrel internal diameters was significantly reduced after the process improvement. Conclusion: The introduction of improved measurement system for the internal diameters of gun barrel and the adjustment of related honing process results in the reduction of reworks of gun barrels and their internal diameter variations.