CH4 가스중에서의 전자군 파라미터의 해석

문기석,서상현,송병두,하성철,유회영,김상남 ( Ki Seok Moon,Sang Hyun Seo,Byung Do Song,Sung Chul Ha,Heoi Young Yu,Sang Nam Kim ) 한국전기전자재료학회 1997 한국전기전자재료학회 추계학술대회논문집 Vol.1997 No.1

Double Jeopardy Limitations on Prosecutorial Appeals of Acquittals in the United States

Moon, Ki-Seok(문기석) 한양법학회 2016 漢陽法學 Vol.27 No.3

The Double Jeopardy doctrine in the United States somehow created a unique rule: prosecutors are generally prohibited from appealing acquittals, even where the acquittals were erroneous. The American prohibition or limitation is unique even among Anglo-American countries, and shows a striking difference as compared to the civil law countries’ approach in that most civil law countries provide the same appeal rights to both prosecution and defense. This difference was noted in the negotiation process for the 2002 Revisions to the Korea SOFA, and the adoption of this American approach by the SOFA was criticized as unequal to other SOFAs. This difference was again pointed out by some commentators in Korea when they expressed concerns about the undue hardship to be suffered by the defendants who have obtained acquittal yet have to go through appeal process because of the appeals that are mechanically filed by Korean prosecutors. Given this background, this paper reviews the development of the limitations imposed upon prosecutorial appeals of acquittals in the United States, and also reviews the justifications behind this rule from a critical view point. These reviews reveal that the rule has been controversial from the beginning. They also reveal that the justifications used to defend the rule are not particularly persuasive. The policy favoring finality is problematic if one recalls that one of the most important functions of the criminal justice system is accuracy. And this is especially true in Korea where trials are conducted under the inquisitorial model. The reduction of false conviction argument is also not very compelling because, by allowing the prosecution only one shot, this rule has the potential to actually increase false conviction. The protection against politically-motivated prosecution or overzealous prosecution rationale is likewise not convincing, and this justification ignores the fact that prosecutorial discretion is an executive prerogative. The justification of reduction of defense expenses is outdated and not convincing especially in light of modern practice of providing free public defender services to the criminal defendants. In sum, the American approach does not appear to be a great feature for Korea to consider adopting. Korea has a different legal culture and system. Indeed, the single-continuing jeopardy argument works perfectly for Korea, given its appeals court structure. In any event, the American approach is not free from serious criticism, and therefore, this paper concludes that there is no lesson for Korea to learn from the American approach. To the extent that the prosecution’s unconditional appeals of acquittals somehow are concerns to Korea, therefore, such concerns shall be resolved by the prosecution’s self-regulating abilities and the community’s pressure and support thereto, and the higher courts’ giving more deference to the trial courts.

전자빔 증착 Co / Pt 다층박막에서 입사 선속의 방향에 따른 자기 및 자기광학적 성질 변화 연구

문기석(Ki-Seok Moon),신성철(Sung-Chul Shin) 한국자기학회 1994 韓國磁氣學會誌 Vol.4 No.4

We have investigated the effects of deposition angle on magnetic and magneto-optic properties in Co /Pt multilayer thin films, which were prepared by e-beam evaporation on tilted substrates, with varying tilt angle from 0˚ to 60˚. The structure of the specimens was examined by x-ray diffractometer and scanning electron microscope, and the magnetic and magneto-optical properties were measured by VSM, torque magnetometer, and Kerr loop tracer. X-ray diffractometry revealed that all of the specimens had multilayer structure and growth orientation of column followed the tangent rule but the crystallograpic orientation, <111>, was slightly deviated from the substrate normal even though the deposition angle was increased up to 60˚. A decrement of the magnetization and Kerr angle with the deposition angle was related with that of the film density due to increasing porosity. The perpendicular magnetic anisotropy was also decreased with increasing the deposition angle.

Co계 다층박막을 이용한 이중막에서 Direct Overwriting을 위한 교환결합 연구

문기석(Ki-Seok Moon),최석봉(Sug-Bong Choe),신성철(Sung-Chul Shin) 한국자기학회 1996 韓國磁氣學會誌 Vol.6 No.1

We have studied the exchange coupling in bilayer systems consisting of the memory and reference layers of ebeam evaporated Co-based multilayer thin films. The structure of the specimens was examined by x-ray diffractometer and the magnetic and magneto-optic properties were measured by VSM and Kerr spectrometer, respectively. X-ray diffractometry revealed that all of the specimens had multilayer structure. The exchange coupling in bilayer systems was so strong that the magnetization reversal of one layer was simultaneously occurred with that of the other. The strength of exchange coupling was dependent on the thickness of non-magnetic spacer between the memory layer and the reference layer. It was found that exchange coupling was blocked when the spacer was thicker than about 50Å. The existence of exchange coupling was also confirmed by domain writing experiments.

미국의 통일상법전 제2편 (매매) 수정안에 대한 소고

문기석(Moon Ki Seok) 한양법학회 2007 漢陽法學 Vol.21 No.-

The importance of the Article 2 of the Uniform Commercial Code, which governs the sale of goods in the U.S.A., is evidenced by the fact that it has been dubbed as the heart of the Code. Since its adoption in the 50’s, however, the need for its revision to reflect the market realities and to protect consumers has been hotly and continuously debated. Critics have argued that Article 2 failed to codify the consumer rights, ignoring the fact that consumers generally do not have equal bargaining power and knowledge against big manufacturers and professional sellers in the market. As a result of these debates and criticism, the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) and the American Law Institute (“ALI”) undertook the revision project more than twenty years ago. Their originally stated goal was to have an extensive revision of the Article 2. The consumer movement groups warmheartedly welcomed their efforts, expecting that the revised Article 2 would provide a fairer market for the consumers in general. NCCUSL and ALI produced a draft in 1999, which somehow met these expectations. at least superficially. However, the revision process did not unfold in the expected way. Due to the heavy lobbying by the manufacturing and retail industries against any revision whatsoever, the drafters abandoned the 1999 draft. Indeed, they decided that Article 2 did not need any extensive revision, but minor amendments to its existing provisions. With the above as a background, this article reviews the revision process for the past twenty years and examines the contents of the final amendments with a view point toward consumer protection. In Part II, following the introduction, the historical background of the UCC, the revision efforts on the Article 2 up to year 2003 are described and discussed. In Part III. the contents of the final amendments and their limits and shortcomings with respect to consumer rights are discussed. In Part IV, this article concludes that it was unfortunate that the revision process only produced amendments only and that state legislatures should be careful in adopting these amendments.

美國法上 “억압(Oppression)”의 법리와 유한책임회사(Limited Liability Companies)

文基碩(Ki-Seok Moon) 한국기업법학회 2007 企業法硏究 Vol.21 No.4

The legal theory of oppression in the close corporation setting has been studied in depth in Korea. However, it should be noted that many, if not most, closely held businesses in the United States of America, are not structured as close corporations, but as Limited Liability Companies (“LLCs”). Further, Korea is in the process of introducing LLC corporate form, patterned after the American LLC form, into the Korean system. It is therefore critical to ask whether the LLC form of small and medium sized business organization poses the same risks of oppression to minority owners (the so-called “members”), and if so, how the judiciary and the legislature can act to minimize or reduce such risks. This paper explores these questions and concerns on LLCs and concludes that minority LLC members are vulnerable to the same risks of oppression as the minority shareholders of close corporations have been facing historically. It also maintains that the legal theory of “oppression” developed in the close corporation setting shall apply with the same force to LLCs. In other words, LLC minority members will need a protective oppression doctrine just like their close corporation cousins. Korean judiciary and legislature must keep this in their minds when they actually deal with LLC governance issues. Following the introduction in Part Ⅰ, Part Ⅱ of this article reviews the background of the emergence and the development of LLCs in the U.S.A. In Part Ⅲ, the oppression doctrine in the close corporation setting is reviewed. In Part Ⅳ, it explores the question as to whether LLC owners will be subject to the same risks to which the minority shareholders of close corporation have been exposed. In Part V, it is concluded that the same oppression doctrine must apply to LLCs and that Korean judiciary and legislature must attempt to protect the LLC minority members using the oppression doctrine.

MCS - BE 법을 이용한 SiH4 가스 프라즈마중의 전자에너지분포함수와 수송특성해석

이형윤,하성철,유회영,김상남,임상원,문기석 ( Hyung Yoon Lee,Sung Chul Ha,Heoi Young Yu,Sang Nam Kim,Sang Won Lim,Ki Seok Moon ) 한국전기전자재료학회 1997 한국전기전자재료학회 춘계학술대회논문집 Vol.1997 No.0

MCS에 의한 Helium 기체 중의 전자수송특성 해석

송병두(Byoung-Doo Song),하성철(Sung-Chul Ha),서상현(Sang-Hyoen Seo),문기석(Ki-Seok Moon),유회영(Hoy-Young Yoo),김상남(Sang-Nam Kim) 대한전기학회 1998 대한전기학회 학술대회 논문집 Vol.1998 No.7

TOF법을 이용한 SiH₄ 프라즈마중의 전자군파라미터특성

이형윤(Hyung-yoon Lee),하성철(Sung-Chul Ha),유회영(Heoi-Young Yu),김상남(Sang-Nam Kim),임상원(Sang-Won Lim),문기석(Ki-Seok Moon) 대한전기학회 1997 대한전기학회 학술대회 논문집 Vol.1997 No.7

CH_4 플라즈마 중의 전자군 파라미터와 전자에너지분포함수 해석

하성철,문기석 동국대학교 산업기술연구원 1998 산업기술논문집 Vol.11 No.-

본 논문에서는 약전리 플라즈마의 상태를 해석하였다. 플라즈마 상태의 물질을 공학으로 여러 분야에 응용, 이해하기 위해서는 플라즈마가 가질 수 있는 조건아래서 어떤 거동에 대한 보이는가를 명확하게 파악해 두어야 한다. 본 연구에서는 CH_4 플라즈마중의 전자수송특성을 E/N : 0.1~300(Td), 300(˚K)의 조건에서 2항 근사 볼츠만 방정식과 MCS법을 이용하여 해석하였다. 전자의 거동에 대한 전자군파라미터 즉, 전자이동속도, 확산계수, 전리계수, 특성에너지 평균에너지 등을 계산하였다. 분포함수의 해석은 E/N=10, 100(Td)에서 전자평균에너지의 평균영역에서 해석하였다. 각각의 시뮬레이션의 데이터를 Y Ohmori, Walker, Tagashira등의 실험데이타와 비교하였고 볼츠만방정식과 MCS법의 데이터 결과도 비교 검토 하였다. This paper describes the information on quantitative simulation of weakly ionized plasma. We must grasp the meaning of the plasma state in order to actualize engineering application and to understand materials of plasma state. In this paper, the electron transport characteristic in CH_4 has been analyzed over the E/N range of 0.1~300(Td), at the 300(˚K) by a two term approximation Boltzmann equation method and by a Monte Carlo Simulation. The behavior of electron has been calculated to give swarm parameter for the electron drift velocity(W), diffusion coefficients(D_L), the ratio of diffusion and mobility(D_L/μ), mean energy(ε). The electron energy distribution function has been analyzed in CH_4 at E/N=10, 100 for a case of the equilibrium region in the mean energy. The results of Boltzmann equation method and Monte Carlo Simulation have been compared with experimental data by Y Ohmori, Walker and Tagashira.