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      • 환경범죄 규제방안에 관한 고찰

        金炯德 순천대학교 지역개발연구소 1997 地域開發硏究 Vol.8 No.-

        With the problem of environmental pollution raised to that of human survival beyond the simple dimension of necessary evil accompanied by domestic economic life, the global interest in and concern over th environmental protection has been a great responsibility. Following this trend, in 1990 our country subdivided and reorganized the basic law of environmental policy and the environmental administrative laws in order to reinforce th regulation on the act of environmental pollution, and enacted "Special Regulatory Act on Environmental Crime" in May 31, 1991 to punish the acts polluting environments done by business enterprise. Furthermore, in December 30, 1996, the Act was reformed to regulate the general people as environmental crime. This thesis aims to grope for the direction our environmental criminal law should take through the comparative study of legislation and research data between Germany, Japan and Korea focusing on the legal stipulation regulating the acts of environmental pollution through criminal sanction. Thus this thesis tries to define the environmental crime which cannot be solved from the view of traditional criminal theory but has a sufficient ground as a different type of crime through the comparative study of laws. In addition, this thesis surveys the present laws punishing environmental crime and examines the problems and measures, especially focusing on "Special Regulatory Act on Environmental Crime". The concluding chapter suggests the direction our environmental criminal law should take in connection with the hermeneutics and legislation on the environmental criminal law which has been examined up to now. Thus New Penal Code should stipulate the crime on environment applying to the general people as environmental crime. In that case, the manifest factor constituting crime should be established from the standpoint of unification of legal order and by the same principle in agreement with the complementary principle of crime: The environmental criminal law and each environmental administrative law should divide their role to regulate the acts polluting environments functionally ; The items manifesting the violation of environments should be subdivided and made as factors constituting environmental crime; The acts violating the administrative duty should be given the administrative punishment. However, the fact that country, business enterprise and people together should take charge of the role and responsibility respectively is no less important than the preparation of laws regulating the acts which are damaging to environment in order to protect natural environments and to prevent effectively environmental crime.

      • 우리나라의 환경범죄규제법규에 관한 문제점과 대책

        金炯德 순천대학교 사회과학연구소 1995 社會科學硏究 Vol.7 No.-

        With the problem of environmental pollution raised to that of human survival beyond the simple dimension of necessary evil accompanied by domestic economic life, the global interest in and concern over the environmental protection has been a great responsibility. Following this trend, in 1990 our country subdivided and reorganized the basic law of environmental policy and the environmental administrative laws in order to reinforce the regulation on the act of environmental pollution, and enacted "Special Regulatory Act on Environmental Crime" in May 31, 1991 to punish the acts polluting environments done by business enterprise. Furthermore, in June 1, 1992, our country announced the Draft of Criminal Law Reform regulating the general environmental crime. However, in December 2, 1995, the environmental legislation in the Draft of Criminal Law Reform of 1992 was not passed by the National Assembly. this thesis aims to grope for the direction our environmental criminal law should take through the comparative study of legislation and research data between other Countries and Korea focusing on the legal stipulation regulating the acts of environmental pollution through criminal sanction. And this thesis surveys the present laws regulating environmental crime and examines the problems and measures, especially focusing on "Special Regulatory Act on Environmental Crime" and regulations on environmental crime in Draft of Criminal Law Reform of 1992. The concluding chapter suggests the direction our environmental criminal law should take in connection with the hermeneutics and legislation on the environmental criminal law which has been examined up to now. Thus New Penal Code should stipulate the crime on environment applying to the general people as environmental crime. In that case, the manifest factor constituting crime should be established from the standpoint of unification of legal order and by the same principle in agreement with the complementary principle of crime: The environmental criminal law and each environmental administrative law should divide their role to regulate the acts polluting environments functionally : The items manifesting the violation of environments should be subdivided and made as factors constituting environmental crime; The acts violating the administrative duty should be given the administrative punishment.

      • 통제와 이중 목적어

        김형덕 金烏工科大學校 1993 論文集 Vol.14 No.-

        Control phenomena raise a number of interesting questions for grammatical theory. A certain verb select an object and infinitive. It shows subject control. Another verb shows object control. We suggested status of "promise" as a double object verb. D-structure makes it possible to predict control using Minimal Distance Principle. (i) Minimal Distance Principle(MDP) An infinitive complement of a predicate p selects as its controller the minimal c-commanding noun phrase in the functional complex of P. We can make use of the followings in the control behavior of "promise". (ii) a. Controller choice is determined by the MDP. b. Control constructions involving "Promise" are double object structures. c. Double object structures are syntactically derived. d. Controller choice is fixed at D-structure. That "promise-NP-Infinitive" is a double object form entails assumining that NP c-commands the infinitive at s-structure. "promise" involves other superficially similar "double object" verbs like ask, teach, and allow. "ask" departs from "promise" in its NP complementation. The verb "teach" is similar to "ask" in allowing interrogative as well as nominal and infinitival Complements. The verb "allow" is similar to "teach" in showing a double object. But it appears to dissolve on an examination of grammatical properties in MDP.

      • 영어의 여격구문 분석

        김형덕 金烏工科大學校 1994 論文集 Vol.15 No.-

        This study is based on the Government-Binding (GB) theory with its modular conception of grammar and the pervasive roles of the -criterion and the Projection Principle, as developed in Chomsky( 1981b). In this paper, I have reviewed a consistent analysis of the dative phenomena in English. Under the covert-pp analysis of the UIO, the dative facts fall out from Case theory and ECP. The alternation between the prepositional IO and the prepositionless IO represents a lexical rather than a transformational relationship. The dative variants are projected from the same lexically specified argument structure. Case theory selects the DO-PO order over PIO-DO in terms of adjacency ; ECP selects UIO-DO over DO-UIO with respect to emptu-Pneutralization . There is no need for Dative Movement to accout for the syntactic relationship, nor has the lexical relatedness of PIO and UIO to be expressed over separate subcategorization features. The passivity differential is related to the different complement status of 'to'-and 'for'-IOS. The Case theory that I propose for consideration has the basic properties that Cases are nominal features and that Case-marked NPs and need to be both c-and s-governed. Therefore, it is concluded that various problem can be solved if one is prepared to admit certain modifications in the properties both of IO structures and of standard Case theory.

      • 기업형 환경범죄에 있어서 형사책임의 주체

        金炯德 순천대학교 사회과학연구소 1996 社會科學硏究 Vol.8 No.-

        In this paper, I aim to regulate effectively the acts which are damaging to environment by business enterprises in order to protect natural envirnments and to prevent effectively the environmental crimes through business enterpris -es. I also attempt to establish the effective systematization of the environmental criminal law by business enterprises through the examination of legis lative theory and cases of Germany and Japan. In this paper, I try to define the environmental crime which cannot be solved from the view of traditional theory of the existing law. In addition, through the theoretical examination of the criminal responsibility of both businessmen and business enterprise for the environmental crime and the environmental administrative official on punishment, I try to find way our environmental criminal law should take. In conclusion, (1) The Article 14 of German Criminal Law and the Article 261 of the German Second Draft in charge of Environmental Criminal Regulation should be introduced because the criminal responsibility for the environ mental crime by business enterprises should be extended to the manager of supervisor of business beyond the actual offender. (2) As the criminal punishment on business enterprises is quetionable in its effectiveness and the criminal punishment on a legal person is also contrary to the purpose of the penalty, the punishment on business enterprises should turn to the direction of imposing the fine for default on business enterprises. (3) As environmental administrative offcial is given a status as guarantee for protecting the environment, it is necessary to introduce the special constituent essentials of crime for inflicting a punishment on the environmental administrative official violating the law.

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