자본 및 금융영역에서의 이해충돌방지

김남욱(Kim, Nam-Wook),신봉기(Shin, Bong-Ki) 한국부패방지법학회 2021 부패방지법연구 Vol.4 No.2

최근 국회의원이 직무관련성 있는 주식을 백지신탁 절차만 거치고 관련 주식을 매각하지 않은 채 투자자와 연계하여 금융관련 법안을 발의한 것이 사회적 이슈가 되고 있다. 또한 신도시개발 내부정보를 이용하여 LH공사 직원 등이 금융기관으로부터 대출을 받아 부동산 투기를 하거나, 국회의원이 간사로 있으면서 도시재생사업에 관한 내부정보를 이용하여 제3자 명의로 부동산 투기를 하고 있다. 또한 블록체인기술에 의한 가상화폐시장이 국내를 비롯한 전 세계적으로 뜨겁게 달아오르고 있고, 공직자등이 이해충돌방지법이나 청탁금지법, 공직자윤리법 등에 의한 규제대상에서 벗어나기 위해 가상화폐를 이용할 개연성이 매우 높아지고 있다. 그런데 금융 및 자본영역에서 이해충돌방지법에 관하여 사법상 금융기관과 고객 간의 이해충돌방지에 관한 연구는 있으나, 공직자에 관한 이해충돌방지에 관한 연구가 부재한 상태이다. 본 논문에서는 자본 및 금융영역에서의 공직자의 이해충돌방지에 관한 기본법인 공직자의 이해충돌방지법을 비롯하여 개별법인 공직자윤리법, 특정금융정보법, 자본시장법상의 자본 및 금융영역에서의 이해충돌을 방지하는 규율내용과 법체계를 검토한다. 또한 공직자에 관한 금융 및 자본영역에서의 이해충돌방지법의 입법체계의 합리화, 통제자산의 범위명확화, 재산등록심사기준과 재산등록의무자 범위확대, 주식매각 및 백지신탁제도 개선, 공직자의 가상자산의 거래에 대한 신고 및 등록, 재산상 이익에 대한 부당이득환수와 제재부과금 부과 등에 관한 법적문제를 구체적으로 검토하여 개선방안을 제시함으로써 공직자의 공정한 직무수행과 국민에 대한 투명성과 신뢰성을 제고한다. 따라서 공직자가 자본 및 금융영역에서 이해충돌방지법의 위반행위는 입법목적과 실효성을 확보하기 위해서 행정행정벌과 질서벌을 강화하여 엄벌하여야 하고, 3~5배의 제재부과금을 부과하여야 한다. 또한 금융 및 자본영역에서 이해충돌방지에 관해 공직자윤리법과 공직자의 이해충돌방지법으로 이원화 된 법체계를 공직자의 이해충돌방지법으로 일원화하여 이해충돌방지법의 실효성을 확보하여야 한다. 또한 이해충돌방지법에 공직자가 직무수행하면서 취득할 수 없는 통제재산을 명시하여 법치행정상 명확성과 예견가능성이 담보되도록 하여야 한다. 또한 공직자의 재산등록심사기준이 직무관련성 심사를 중심으로 하고 있으나, 이해충돌위반 여부, 법령위반 재산형성 여부, 직무상의 비공개정보·실질적 영향력에 의한 재산형성 여부, 등록대상재산의 매각·백지신탁, 부당이익 환수 여부를 종합적으로 심사하여야 한다. 또한 자본 및 금융시장의 재산등록의무자의 범위가 고위공직자에 한정하고 있으나 그 범위를 모든 공직자로 확대하고 1,000만원 이상의 가상화폐거래의 경우에는 재산등록의무를 의무화하여야 한다. 또한 공직자가 직무관련성이 있는 주식이나 부동산을 취득·보유하는 경우 매각 및 백지신탁을 하도록 하되 1회 연장을 허용하고, 연장기간이 경과되어도 매각하지 않은 경우에는 임용무효·한국자산공사 매입 관리가 이루어지도록 하여야 한다. Recently, it is becoming a social issue that a member of the National Assembly proposed a bill related to finance in connection with investors without selling the stocks related to their job through a blank trust procedure. In addition, using internal information on new town development, LH Corporation employees and others are speculating on real estate by borrowing from financial institutions, or real estate speculation in the name of a third party using internal information on urban regeneration projects while a member of the National Assembly is a secretary. In addition, the virtual currency market based on block chain technology is heating up all over the world, including Korea, and the probability that public officials will use virtual currency to escape from regulation by the Conflict of Interest Act, the Solicitation and Graft Act, and the Public Service Ethics Act is increasing. However, there are studies on the prevention of conflicts of interest between financial institutions and customers under the law regarding the Conflict of Interest Prevention Act in the financial and capital sector, but there is no study on the prevention of conflicts of interest regarding public officials. In this paper, the basic law on the prevention of conflicts of interest of public officials in the capital and financial fields, as well as the public service ethics law of individual corporations, the Specific Financial Information Act, and the Capital Market Act, to prevent conflicts of interest in the capital and financial fields. Review the content of regulations and the legal system. In addition, rationalization of the legislative system of the Act on the Prevention of Conflicts of Interest in the Financial and Capital Areas Concerning Public Officials, Clarification of the Range of Controlled Assets, Expansion of Property Registration Examination Standards and the Range of Persons Obligated to Register Property, Improvement of the Stock Sale and Blank Trust System, and Transactions of Public Officials Virtual Assets By examining in detail legal issues related to reporting and registration, the restitution of unreasonable gains on property gains, and the imposition of sanctions and levies, it proposes improvement measures, thereby enhancing the fair performance of public officials and the transparency and credibility of the public. Therefore, in order to secure the legislative purpose and effectiveness, public officials for violations of the Conflicts of Interest Act in the capital and financial areas should be severely punished by strengthening administrative and administrative penalties and orderly penalties, and three to five times the amount of sanctions imposed. In addition, the effectiveness of the Conflicts of Interest Prevention Act must be secured by unifying the legal system divided into the Public Officials Ethics Act and the Public Officials Conflicts of Interest Prevention Act with regard to the prevention of conflicts of interest in the financial and capital areas. In addition, the Conflicts of Interest Act should specify the controlled property that public officials cannot acquire while performing their duties, so that clarity and predictability in the administration of the law are guaranteed. In addition, although the evaluation criteria for property registration of public officials focus on job relevance examination, whether there is a conflict of interest, whether property is formed in violation of laws and regulations, whether property is formed by non-public information and substantive influence on the job, sale of property subject to registration, blank trust, Whether or not unfair profits are recovered should be comprehensively reviewed. In addition, although the scope of persons obligated to register property in the capital and financial markets is limited to high-ranking public officials, the scope should be expanded to all public officials,

고속주행용 궤도차량의 동적해석

김상두(Sangdoo Kim),이승종(Seungjong Yi) 한국자동차공학회 2001 한국 자동차공학회논문집 Vol.9 No.1

In this study, modeling and analysis procedure for the dynamic analysis of a high mobility tracked vehicle system were studied. The vehicle model used in this investigation is assumed to be consist of two kinematically decoupled subsystems. The chassis subsystem consists of chassis frame, sprocket, support rollers, road wheels, idler wheel, road wheel arms and idler wheel ann, while the track subsystem is represented as a closed kinematic chain consisting of track links and end connectors interconnected by revolute joints with bushing, Nonlinear contact force module describing the interaction between track link, and sprocket, idler wheel, road wheel, support roller, ground was used. The effects of road wheel arms and idler wheel arm due to tension adjuster are also considered.

특수학교 지적장애학생의 특수체육프로그램에 대한 학부모와 특수체육교사의 인식도 및 만족도

김상두(Sang Du Kim),배광열(Kwang Youl Bae) 한국사회체육학회 2013 한국사회체육학회지 Vol.0 No.54

The purpose of this study is to analyze the degree of recognition and satisfaction with special physical education program of intellectually-disabled students in special schools by parents and special physical education teachers. To achieve the purpose of this study, this research is conducted for 2 month, from May to July 2013 by parents with mentally disabled children aged 7 to 18 and special physical education teachers in national, public and private special schools carrying out the special physical education program in Seoul, Incheon and Gyeonggi-do and to analyze this statistics, stratified cluster random sampling was used. This study reflects 337 questionnaires among 350 parents excluding 13 irrelevant questi onnaires and 168 questionnaires among 170 teachers except 2 irrelevant questionnaires on the analysis of the statistics on this study. The main results of this study are summarized as follows. First, the degree of recognition with affective and social development by parents is as following: Parents are most satisfied with private special schools and the results for effectiveness of special physical education and satisfaction level of special physical education program are also the highest ranking in private special schools. Second, in the respect of special physical education teachers, they only show the differences on the elements of cognitive development, and especially most satisfied with the effectiveness of the facilities and special physical education in national and public schools. Third, if the parents recognize the intellectually-disabled students` cognitive, affective, and social development more positively through special physical education, they show more satisfaction with the effectiveness of the special physical education teachers and the program. Finally, if the special physical education teachers recognize more posi-tively the cognition on the special physical education program, they have positive effects on the effectiveness of the special physical education and the satisfaction of the program.

장애아동 부모의 생활체육 프로그램에 대한 요구

김상두(Sang Doo Kim),구교만(Kyo Man Koo) 한국사회체육학회 2006 한국사회체육학회지 Vol.0 No.28

발성법(發聲法)의 이론(理論)과 실제(實際)

김상두 ( Sang Doo Kim ) 건국대학교 교육연구소 1980 교사와 교육(구 교육논집) Vol.5 No.-

Voice production should be based on scientific principle. The science of voice production is a knowledge of certain phenomena of physical movements which are found under certain conditions to occur regularly and which produce certain definite effects. There is only one way to sing perfectly and that is the correct scientific way. All singing must of necessity be beautiful, first, last and always. Rather have it said that the voice is small and beautiful than loud and otherwise. The small beautifully placed voice is capable of portraying the full gamut of human emotions. Therefore, it is necessary to develop our own instrument, which is the vocal apparatus we rely upon to produce our own beautiful singing. When singing is most scientifically produced, and the voice soars out smothly, evenly and vibrantly with its resultant seeming effortless singing. The great fundamental objectives or principles in voice production are, proper posture, breath control, free tone, balanced, efficient ringing sonorous tone, and expressive and varied tone color. Proper posture is a fundamental for control and maximum success in any type of skill activity whether it be athletics or musical performance. Necessary physical development for singing begin with habituation of proper posture and continuss through breath development and strengthening of the vocal organs through singing and tonal exercises. Efficient daphragmatic-costal breath control is the great fundamental in singing. Breath control, or breath support, means to keep tone flowing evenly, freely and firmly. Freedom vitality, expressive tone color, variety, efficiency, sonority, and evenness in tonal production is also fundamental principle in singing. The first reguisite in tonal technic is freedom of production. It is vital that we learn to both hear and feel the difference between good and bad tone and, eventually, between the finest shades of discrimination.

예비체육교사의 패럴림픽에 대한 이해도 비교 연구

김상두(Sang Doo Kim),김준석(Jun Sik Kim) 한국사회체육학회 2014 한국사회체육학회지 Vol.0 No.57

The purpose of this study is to find out the level of understanding for pre-service physical-education teachers about the Paralympics and the differences between physical education majors and adapted physical education majors. For the purpose of the survey, a distinct difference between the groups on a survey has been identified. The survey material used for this study with a modification is based on Yeon-Sook Ko, Kyung-Sook Kim``s modified survey(2005) that scale analysis of disability attitude factor, which DFS(Disability Factor Scale) invented by Siller(1983) and translated by Jong-Nam Lee(1994), was used as a reference. For this study, collected 380 papers of information was updated and SPSS 18.0 program was used for its analysis with significant level of 5 percent or below. The frequency analysis has been conducted to figure out the subject``s general features, and t-test which is mean difference analysis and One-Way ANOVA have been conducted to see the awareness of the Paralympics. These tests were also used to verify differences between the two groups differentiated by major. The result are as followed. First, male have better understanding toward Paralympics than female do. However, none of statistical significance-difference was found. Second, the level of understanding toward Paralympics for all graders shows no sign of statistical significance-difference. Third, overall, adapted physical education majors have decent level of understanding toward Paralympics and the gap created from the fact, that whether he/she took adapted physical education classes, was shown. Fourth, a group with experience of volunteering turned out to have high level of understanding toward Paralympics and statistical significance-difference was found. It is shown that the differences about understanding toward Paralympics between the groups exist and pre-service physical-education teachers have lower level of understanding toward Paralympics compared to adapted physical-education majors. Fifth, the understanding level of pre-service physical-education teachers indicates areal gap and classes taken. In this study, a survey has been developed to find out the understanding level of Paralympics, which is one of the major events, for pre-service physical-education teachers and the differences between the groups have been identified. In this study which is to develop a survey as base line data to vitalize , it is suggested as followed. First, due to the fact that pre-service physical-education teachers were the subject for this study, an additionalstudy for a group of teachers who are currently working in the field should be made. Second, this study is only for major events of disabled for Paralympics. Later on, hence, study including morefeatures is a mandatory, such as various games, domestic sports festival for the people with handicapped. Third, due to this study is focused on pre-service physical education teacher, later, research which is forspecial education teacher should be needed for their better physical education service.

12주간 음악줄넘기 운동이 정신장애여성의 신체구성, 하지근력과 골밀도(T-score)에 미치는 영향

김상두 ( Sang Doo Kim ),임은미 ( Eun Mi Lim ) 한국특수체육학회 2011 한국특수체육학회지 Vol.19 No.4

본 연구의 목적은 12주간의 음악줄넘기 운동이 신체구성, 하지근력과 골밀도(T-score)에 미치는 영향을 규명하는 것이었다. 교육가능한 정신장애 중년여성을 대상으로 18명을 선정하여 운동집단(n=9)과 통제집단(n=9)으로 분류하였다. 운동집단은 12주간 주3회 음악줄넘기 운동 프로그램을 실시하였고, 운동 전 · 후에 신체구성, 하지근력과 골밀도(T-score)와 관련된 종속변인을 측정하여 집단 간, 검사 간에 유의성을 알아보았다. 본 연구의 주요 결과는 다음과 같다. 첫째, 체지방률(%)과 BMI(kg/m2)에서 유의한 변화가 없었고, 체지방량(kg)에서 유의한 감소를 나타냈다. 둘째, 하지근력의 변화에서 유의한 증가는 나타나지 않았다. 셋째, 골밀도(T-score)에서 부분적으로 유의한 변화를 나타냈고, BQI(골질량지수)에서도 유의한 차이를 보였다. 본 연구 결과를 통해 음악줄넘기 운동은 신체구성과 골밀도 변화에 부분적으로 긍정적인 영향을 미치는 것으로 나타났다. 하지근력에 변화가 없었던 것은 운동 프로그램의 적응기간, 실시기간과 실험측정을 위한 환경이 운동효과에 영향을 미치는 것으로 사료된다. 추후 장애의 종류와 수준에 따라 운동프로그램을 다양화 한 후속연구가 이루어져야 할 것이다. The purpose of the study was to examine the effects of music rope-skipping exercise on body composition, lower muscle strength and bone density(T-score) to mental disorder women. 18 mental disorder women were assigned to either exercise group(EX: n=9) or control group(CON: n=9). The exercise group through the exercise program performed 12weeks(3times per week). Dependent variables(body composition, lower muscle strength, bone density) were measured and compared between two group as well as between pre test and post test. Main results were as follows: 1) In body composition, %fat and BMI did not changed significantly however fat mass decreased significantly. 2) In lower muscle strength, there was not change significantly. 3) In bone density, there were significantly changes in T-score and BQI(bone quality index). It was concluded that music rope-skipping exercise would have partly positive effects on body composition control and bone density(T-score).

장애학생 부모의 경험적 소비에서 경험특성, 만족도, 재참여 의도와의 관계

김상두 ( Sang Doo Kim ),서건우 ( Geon Woo Seo ) 한국특수체육학회 2012 한국특수체육학회지 Vol.20 No.2

본 연구는 장애학생 부모의 경험적 소비 특성에 따른 만족도 및 재참여의 관계를 검증하는데 그 목적이 있다. 장애학생 프로그램에 참여하고 있는 부모 162명을 대상으로 설문조사를 실시하였고, 수집된 자료에 대해서 경험적 소비의 경험특성 배경요인으로 유희성, 상징성, 공유성, 유익성과 만족도 및 재참여 의도와의 관계를 확인하였다. 이를 분석하기 위하여 각 요인 간의 상관관계 및 확인적 요인분석을 실시하였으며, 구조모형 검증을 실시하였다. 그 결과, 첫째, 경험특성의 유희성은 재참여에만 통계적으로 유의한 영향을 주는 것으로 나타났으며, 상징성은 만족도와 재참여에 모두 통계적으로 유의한 영향을 미치는 것으로 나타났다. 둘째, 경험적 소비의 경험특성에서 공유성과 유익성은 프로그램의 만족도와 재참여에 통계적으로 유의한 영향을 미치지 않는 것으로 나타났다. 셋째, 장애학생 부모의 만족도는 재참여에 통계적으로 유의한 영향을 미치는 것으로 나타났다. 모형 적합도는 χ2값은 66.533(p<.001), df값은 40로 나타났고, TLI지수는 .941 값을, CFI 지수는 .964 값을, RMSEA 지수는 .064 값으로 나타났다. The purpose of study was to insight into the complex experiential consumption of students with disabilities of parents for participant of adapted physical activity program. This study emphasize general perspective of experiential consumption for the students with disabilities of parents for participant of adapted physical activity program and focuses on developing a comprehensive model. We collected data involving various experience, and used 162 respondents to analyze these data. Based on the characteristics of the survey experienced a statistically significant effect re-participation, and it was shown that the symbolism of re-participant and satisfaction significant influence. However, experiential consumption share and benefit from the experience of characteristic of re-participation` suburban adapted physical activity program statistically significant in the program Satisfaction and was not affected. In addition, parent satisfaction with students with disabilities that affect re-participation` statistically significant was found.

고등학교 흡연실태에 관한 연구

김상두(Sang Doo Kim),김재호(Jae Ho Kim),김창균(Chang Gyun Kim),김진덕(Jin Duck Kim) 한국체육교육학회 2000 한국체육교육학회지 Vol.5 No.1

This study was examined 732 respondents for the survey of actual smoking in boy high school, seoul. The date was analysed with contingency coefficient by X²-test and the results showed in the following ; The current smoking % each grade was showed one grade 15.5%, two grade 22.9%, and last grade 57.1%. it was showed the three grade of middle school 26.7%, one grade 21.8%, two grade 19.8%, elementary school 13.9% on the first smoking both smoking group and experienced smoker. Also, it was showed most % for curiosity with the first smoking reason. The smoking group was satisfied in school life among groups, but for smoking group to have bad school record. Living conditions was distributed middle and high level for smoking group having most pocket money. On smoking attitude of parents, teacher & friend, showed for non-smokers to have more negative attitude than other group, but for smoking group to have more negative attitude on smoking of girl friend. The knowledge of smoking influenced in body, all groups knew the harm of smoking to be influenced pregnant and passive smoking. On the general attitude of smoking, smokers showed more positive than other group, more negative for non-smokers on the minority of smoking and on the public place of smoking, In restaurant smoking, all groups thought negative, but positive attitude in recreation room. On the education of prohibition smoking, showed needed it the smokers, experenced group, and non- smokers in order. All groups had much consciousness of health behavior.

장애인 여가 실태조사를 통한 생활체육 활성화 방안 연구

김상두(Sang Doo Kim),구교만(Kyo Man Koo) 한국사회체육학회 2007 한국사회체육학회지 Vol.0 No.30

The purpose of this study is to lay a scheme of the revitalization in sport for all for the disabled, through investigating the actual conditions of the disabled people`s leisure and referring to the literature. The results of this study as follows: First, people with disabilities prefer to participate in the sports, to take part in the activities like climbing, fishing, hiking, walking, and to go outside in that orders. Second, the leisure time of the people with disabilities on weekdays as follows; over an hour and less than 2 hours (28.6%), over 5 hours (17.6%), over 2 hours and less than 3 hours (16.5%), over 3 hours and less than 4 hours (14.3%), less than an hour (12.1%), over 4 hours and less than 5 hours (11.0%). Third, the leisure time of the people with disabilities on a holiday as follows; over 6 hours (30.8%), over 5 hours and less than 6 hours (16.5%), over 3 hours and less than 4 hours (14.3%), over 2 hours and less than 3 hours (12.1%), over 4 hours and less than 5 hours (11.0%), less than an hour (8.8%), over 1 hours and less than 2 hours (6.6%). Forth, the mean expenses of leisure per a month for the people with disabilities as follows; over 50,000 won and less than 100,000 won (30.8%), over 100,000 won and less than 150,000 won (17.6%), over 250,000 won (17.6%), less than 50,000 won (14.3%), over 150,000 won and less than 200,000 won (11.0%), over 200,000 won and less than 250,000 won (8.8%). Fifth, the restriction of leisure for the disabled people has an effect on the satisfaction of leisure. Sixth, in intrapersonal constraints various exercise programs should be serviced to the disabled by community, which are accordant to their bent and demand, in order to inspire with self-esteem. Seventh, in interpersonal constraints community should continue to educate family has the disabled in order to improve understanding of the disabled, and the government should provide the family with service of leisure. Eighth, in Structural Constraints the government should provide the disabled with welfare service which is able to economize the cost of spending free time, and education service which enable them to use free time effectively in order to take part positively in leisure activity.