생활하수 이용 열펌프 적용사례

김두원,Kim, Du-Won 한국설비기술협회 1993 설비 : 공조ㆍ냉동ㆍ위생 Vol.10 No.1

냉동ㆍ냉장 창고의 부하계산

김두원,Kim, Du-Won 한국설비기술협회 1989 설비 : 공조ㆍ냉동ㆍ위생 Vol.6 No.8

소형 제빙 장치

김두원,Kim, Du-Won 한국설비기술협회 1991 설비 : 공조ㆍ냉동ㆍ위생 Vol.8 No.7

온라인 도박 규제의 한계와 관리시스템 구축

김두원(Kim, Du-Won) 한국형사법학회 2018 刑事法硏究 Vol.30 No.2

대가를 바라고 자기가 가진 것을 거는 행위인 도박의 역사가 오래 전부터 이어져 왔지만, 현재는 그 종류가 많아지고 각 분야별로 구별되기도 한다. 최근 기술의 발전으로 도박 방식도 온라인에서 더 많이 이루어지는 추세여서 게임을 비롯하여 사행성을 갖춘 모든 온라인 놀이문화가 도박의 범주에서 다루어져야 하는지에 관한 논의가 이루어지고 있다. 특히 온라인 도박을 일반 도박으로 묶어 도박죄로 강하게 규율하여야 하는지, 지하경제를 구성하는 도박자금을 밖으로 나오게 할 수는 없는지에 대한 고민이 본 논문의 시작이다. 본 논문에서는 도박과 놀이, 그리고 게임과 사행행위에 관한 개념본질의 문제에 대한 분석과 함께 현재의 온라인상 사이버머니 환전에서의 환금성이 사행화를 조장하는 것은 아닌지도 같이 조망하였고, 온라인 도박을 형사처벌하는 것이 어떠한 한계가 있는지 살펴보고 온라인 도박의 합법적 허용범위를 설정할 수 있는지에 관하여 알아보았다. 그리고 온라인 도박을 바라보는 시각과 효과적인 대응방안을 중심으로 고민하였는데, 사행산업의 합법적 영역과 불법적 영역을 구분하지 않고 총괄하여 조 사․감독하고 관리할 수 있는 기구가 필요하다는 것을 제시하였다. 한편, 접속지속 시간과 1회 충전금액을 계정별로 기억하도록 하여 일정 시간 강제휴면을 한다든지 하는 기술적 제약을 걸게 하여 중독의 위험성을 최소화하도록 의무를 부여하면 휴식과 놀이의 공존이 실현될 수 있을 것으로 본다. 온라인에서의 생활범위가 확대됨에 따라 온라인 도박을 어떻게 바라볼 것인지 패러다임의 전환을 할 시기가 도래하였다고 판단된다. 온라인상 도박 이용행위에 대한 법리적 평가는 이중성을 초래할 수밖에 없는데, 디지털 환경에서의 온라인 도박을 현재 국내의 로또 문화처럼 놀이의 영역으로 끌어들이고 포괄적으로 적용할 수 있는 법제 정비가 필요하다고 본다. 다양한 불법 온라인 도박행위 중에 확실하게 불법임을 명시하는 기준 법규를 마련하고서 불법에 엄정히 대응하면서 건전한 온라인 도박 산업육성과 세수확보를 할 수 있는 환경을 구성하는 것 자체가 바람직한 형사정책이 라고 본다. Although the history of gambling, which is the act of betting on what anyone has in return for the opposite benefit, has been carried on for a long time, but now a kind of gambling is increasing and it is distinguished by each field. Because of the recent technological advances, gambling methods in online are becoming more popular, and discussions are underway to see whether all online play culture with a speculative nature, including games, should be dealt with in the category of gambling. Especially, it is the beginning of this paper whether the online gambling should be strongly regulated by general gambling, or whether it can bring out the gambling funds that make up the underground economy. In this paper, we can examine whether or not the marketability of the current cyber money exchange in online together with the analysis of the problem of concept of gambling, play, game and speculation encouraged speculative nature, in addition, we can see the limits of criminal punishment of online gambling and the possibility of establishing the lawful allowable range of online gambling. And we can look into thoughts focused on the viewpoint of online gambling and effective countermeasures, so it suggested that there is a need for a mechanism to investigate, supervise and manage without distinguishing between legal and illegal areas of the gambling industry. On the other hand, it is expected that the coexistence of relaxation and play can be realized, if the government imposes an obligation on private operators to minimize the risk of addiction by taking a technical restriction system to put into a user’s forced sleep state for a certain period of time, by letting them remember the connection duration and one charge amount for each account. As the scope of online life is expanding, it is time to change the paradigm of how to look at online gambling. The judicial evaluation of online gambling is bound to cause duality, so it is necessary to improve the legal system to apply online gambling in the digital environment comprehensively and to drag it in the area of play like current domestic lotto culture. It is a desirable criminal policy to establish an environment in which to cultivate sound online gambling industry and secure tax revenue while strictly responding to illegal online gambling by establishing standard laws that clearly state illegal acts among various illegal online gambling activities.

자율주행자동차 관리 및 교통사고에 대한 형사책임

김두원(Kim, Du-Won) 중앙대학교 법학연구원 2015 法學論文集 Vol.39 No.3

In Korea, casualties caused by accidents are aggregated in the order of traffic accidents, industrial accidents, fire accidents, but the Autonomous Vehicle may significantly reduce traffic accidents leading cause of death in modern society, in addition, it seems that the Autonomous Vehicle can be an important mode of transportation by giving the freedom of movement to the elderly or disabled and by allowing people to invest their time spent on driving to another thing. To support this trend, as scheduled in the current plan to complete the commercialization of the Autonomous Vehicle, the government should pay close attention to traffic laws and institutional arrangements for smooth dissemination of the Autonomous Vehicle. Although formal terms are legally used in Article 27 of the Motor Vehicle Management Act concerning the temporary vehicle operation permission, improving laws related to road transport including the Motor Vehicle Management Act and the Road Traffic Act must be completed in 2020 which is committed to operating in earnest the Autonomous Vehicle by the commercialization. Given the current legal aspects, it is questionable whether the age of fully autonomous driving difficult to ascertain fully autonomous driving is established in 2020 as planned. Also automobile manufacturers in the world, such as Benz, BMW, Audi, Hyundai and etc., including Google, are developing the Autonomous Vehicle, however, by the look of movement to set the concept of driver’s seat as it stands without removing the steering wheel, autonomous driving mode will be able to commercialize only autonomous functions attached to current automotive system in the center of driver. But the development goals of the Autonomous Vehicle are to finally commercialize the vehicles operating for the elderly or disabled free from difficult operations, caring socially disadvantaged, so the government has to prepare by 2020 with the idea that does not stay simply on the current concept of driver and may legislate the new law relating to road traffic & management.

앱 마켓의 양면시장성과 마켓 운영의 투명성 제고에 관한 법정책적 연구

金枓園(Kim, Du-Won) 중앙법학회 2015 中央法學 Vol.17 No.4

App Market can be seen that it contain much the nature of platform when viewed under current competition law systems. App Market operators are in position as e-commerce vendors and market dominant operators at the same time. This means that App Market operators are lying in the strong position, in an independent position, to impose restrictions on both sides made any number of transactions. Settlement cancellation problems are being solved by a reasonable way, but these are in a situation which is made through app developers’ constant problem-posing and communications about issues that may occur in the domestic market by communicating with app market operators. This, meanwhile, is a question of whether the App Market space that has complete freedom of entry & withdrawal as a perfect competition and contain the nature of public good equipped with the environment to be available for anyone is the basis for determining the behavior of the App Market. If the role of the App Market operators is only an offer of a completely free market space, their intervention will be banned as it possible, but App Market operators, by chance, are in the role as mediator who can impose necessary regulations for the smooth market operation, they can be justified that they will apply various sanctions against the market disorder acts. For that reason, App Market operators should be involved in regulating as a responsible post with the domestic legal position as well as pursuing profits. Blocking the App posts by App Market operators is recognized the rationality of block policy, however, because it would be able to give developers a feeling of being mistreated that the app with the enthusiasm of developers could be blocked without any explanation, so eventually the way to clear up the problems is only to communicate. As a matter of fact, cost-bearing by App Market operators is issued, but, if App Market operators block the App posts, they should maintain a posture that guides developers thoroughly to all the way to recognize and supplement for problems, that is the process of finding a balance between regulation and self-regulation. While constantly monitoring with respect to the terms and conditions of the companies in the Korea Fair Trade Commission, though regulations are not completely tied up companies, in a time of blocking the app posts, the authorities should amend the existing laws such as ‘ACT ON THE REGULATION OF TERMS AND CONDITIONS’ and etc. to impose the corresponding obligation to explain or respond to developers, or establish a new integrated global corporate law including provisions related to the corresponding obligation of App Market operators to developers and the settlement cancellation of App Purchase or In-App Purchase. Finally the authorities should consider the policy that can be predicted how the regulation apply and that developers & consumers can all be reasonably accommodated.

가상화폐 관련 형사법적 문제에 관한 고찰

이정훈(Lee, Jung-hoon),김두원(Kim, Du-won) 한국형사법무정책연구원 2017 형사정책연구 Vol.110 No.-

잊힐 권리의 논의와 관련한 형사법적 소고

이정훈(Lee Jung Hoon),김두원(Kim Du Won) 중앙대학교 법학연구원 2016 法學論文集 Vol.40 No.2

Recently entering a new era of digital mobile, concerns have actively led to how far the legal rights related to the posting contained information which has a person published as well as various articles and photographs posted by the person could be admitted. Offline/Online boundaries are blurred in media resources contained information that defines the personal life, so we met more complicated situation to determine individual rights for online posting. In the early Internet era, freedom of expression was a big buzzword, but now attention has been paid to the right to be forgotten on the Internet as sea of information. The Republic of Korea has already a well-structured meshes of the law than abroad to remedy the personal rights and defamation by law such as Article 21 paragraph 4 of the Constitution, Article 70 of the Information & Communications Network Act, Article 307 of Criminal Law ‘Defamation’ and Article 309 ‘Libel by set of publications’, and Article 311 ‘Contempt’, Provisions of civil defamation damages, the Press Arbitration Act, the Public Official Election Act, the deliberations of the Korea Communications Standards Commission, and Supreme Court’s Precedents. In addition, Article 44 the Second, Article 44 the Third of the Information & Communications Network Act are provided to the temporary blinding of posts to ensure the self-regulation of the private sector by law. This writing is paid attention to the situation disputed as a kind of transformed droit including the redemption of reputational damage when it enlarged as a remedy for the damage against the overall personal rights infringement individuals due to the press articles, on the other hand, discussions related to the right to be forgotten triggered in Europe are given shape to a droit like the Claim for deleting search focused on privacy protection. By looking at the existing regulations in Korea, it would be reviewed the validity of the right to exclude access in the guideline currently promoted by the Korea Communications Commission. In short, at the current time presented the guideline by the Korea Communications Commission, the guideline related to the right to exclude access which stipulates in the text as the right to be forgotten is most likely to bring the effectiveness that is not much different from side effects of temporary blinding of posts on the Information & Communications Network Act. All problems are existed that regulations which are initiated by the logic to solve defined as a sort of legal rights before the punishment for defamation, therefore, in order to mitigate such adverse effects, legislators must be made a legislative choice that specify the responsibilities after a temporary blinding of posts when the right to exclude access clearly established by adding Articles or Clauses in the provisions of temporary blinding on the Information & Communications Network Act for leveraging existing systems after, or that delete the provisions of temporary blinding on the Information & Communication Network Act and, at the same time the right to be forgotten recognized as the rights that derive from fundamental rights or the fundamental rights, evolve as a special act by stipulating the responsibilities of the right to exclude access from the guideline. Because it is also not the system that must be considered in the scope of criminal regulations. Naturally promoting that the right to be forgotten is the droit cannot be exercised by ignoring others’ rights will also need to be continued.

어류급성독성 시험에 의한 ACQ 방부목재의 환경 독성

우지근 ( Ji Keun Woo ),김두원 ( Du Won Kim ),김성균 ( Sung Kyun Kim ) 한국환경복원기술학회(구 한국환경복원녹화기술학회) 2011 한국환경복원기술학회지 Vol.14 No.2

The purpose of the study is to analyze the environmental characteristics of fish acute toxicity that is dependent on the harmfulness of ACQ (Alkaline Copper Quat)-Treated Wood and Oryzias latipes mortality in a comprehensive way, provide objective verification method on the eco-toxicity and environment-friendliness of landscaping materials and methods, and utilize it as a basic datum for evaluation criteria. The main results are summarized as follows: 1.As a result of analysis on the harmfulness characteristics, each experimental plot showed different values respectively. In particular, it has been found that in proportion to the volume of testing materials, COD and Cu increases at a constant rate, compared to the input water. In the plot C with three testing materials, COD increased 67 times more than that of the input water, and Cu increased up to 12.36mg/L. 2.In case of fish toxicity, plot C, B, A all showed a mortality rate of 100%, indicating that fish toxicity is strong. In particular, the mortality rate of each plot within the initial time of one and a half hour showed clearly, which suggests that the fish toxicity is influenced by the increased concentration of hazardous substances depending on the volume ratio of testing materials. 3. As a result of comparison and analysis on the harmfulness and fish toxicity, the harmfulness showed different values on each experimental plot but, we found that the changing rate of values of toxicity of COD and Cu is mutually similar to that of mortality in the initial hour according to the experiment of fish toxicity, which shows that COD and Cu are major factors to increase fish toxicity.

게임 중독 관련 논의에 관한 범죄학적 고찰

이정훈(Jung Hoon Lee),김두원(Du Won Kim) 중앙법학회 2015 中央法學 Vol.17 No.2

In the modern society, an action related to addiction or overindulgence, in many cases, become the Criminal Law issues. Typically an action that has addictive qualities as in the case of drug and gambling addiction is classed actus reus(elements of a crime), or become the Excuse in the Criminal Law(exemption reason of a criminal responsibility) of other crimes, or is considered as the motive of a crime for aggravating circumstances in the assessment of the culpability. Many people are exposed a lot of time in the game from an early age, which means that the growing possibility that many people who get addicted to games. In order to continue the game which is played by someone, damage case on cyber space is generated that swindles game money or illegally trade game items or gives damage to other account. And it may be placed on the extension of the school violence including forcibly raising the character level in games by treating the weak students harshly in order to further strengthen its position in the game. Beyond the type of initial crime in cyberspace that the data manipulation of the bank``s computer network and stealing and injury of information of files in the personal computer that came down from the past, recently crime in cyberspace has been expanding in many ways such as an infringement of personal information through searching for all of the information in circulation on the Internet, an infringement of personal rights in network, fraud and violence using anonymity, an infringement of copyright, dissemination of obscene materials, such as cyber-terrorism, and it can also belong to the kind of extended crime in cyberspace by game addiction such as fraud, words of violence, personal information cheating and so on. Currently we located on conflicting situation with the side of game industrial development and the side of prevention of game addiction. In fact, it can be also understood if the criminal policy responses only to the combined focus on the harmful effects of game addiction, reciprocal value of the game industry promotion can be collide with the policy. As part of this matter, the "Four Major Addiction Bill" was made the point at issue, in fact, is not a state such a disputed point were completely concluded, we also required to specify the coding education in the basic education curriculum referring to coding education fever in Northern Europe. And as in the case of Germany, we try to give a impression that game is also one of the achievements of development using IT technology by parallel to the coding education from childhood, and focus on to foster the healthy game cultural and social recognition that not a target of addiction issue, so that we will be able to take all of the utilitarian of prevention of game addiction and game industrial development. It is easy to analyze the cause of crimes related to the game addiction by using the Social Learning Theory and the Social Bonding Theory in criminological theories. As it can be seen from the above theories, a crime before it happens, we can know that human is ultimately formed social relationships, and it is most important to understand the existence that human has a character will be made through education. This is suggestive of the possibility to improve learning action through education policy. Therefore, because the fundamental reason of the collision with each side is ultimately based on social-psychologic recognition, making social relationships and educating are, but the work takes time, the most desirable direction of social policy for improving the recognition, that is the best penal policy.