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이기헌 한국비교형사법학회 2002 비교형사법연구 Vol.4 No.2
Stalking means any unwanted contact between a stalker and the victim which directly or indirectly communicates a threat or places the victim in fear for his/her safety. Though the history of stalking behavior is as old as the history of human relationships, it was only after the late 1980s and early 1990s that stalking was labeled as a separate and distinct class of deviant behavior or crime. Until now, Korea has no anti-stalking law. However, as there has been a motion for the law in 1999, the legislative response to stalking is expected in the near future. As to stalking, there are many point s at issue waiting for further research. For examples, (1) Coordinating legal and community definition s of stalking, (2) Measuring stalking victimization more thoroughly and accurately, (3) Categorizing stalker s by their psychological and behavioral features to devise effective strategies, (4) Assessing legislative/criminal justice responses and other preventive strategies against stalking, etc.. Among them, this paper is focused on presenting legislative responses to stalking in other countries, in order to make some comments on legislative movements in Korea. This paper covers: the basic understanding of stalking behavior(Ch. 2), the necessity of anti-stalking law and the difficulty in making out a draft(Ch. 3), The match between legal and public perception on stalking(Ch. 4), major amendment s to anti-stalking laws, and the contents of intervention order s in Australia(Chs. 5-6), some factors that impede or limit the effectiveness of legislative/criminal justice responses to stalking(Ch. 7). Though Ⅰ have no objection to enacting Korean anti-stalking law , Ⅰ want to make some comments on a rather hasty movement to enact it. They are as follows: (1) Should we enact anti-stalking law without delay? Though the countries with anti-stalking laws are increasing, they are still a minority. Compared with U.S. which initiated legislative response to stalking, Korean people has weaker sense of privacy. Besides, Korean victims of stalking feel much less fear of a stalker compared to American victims, because the former do not assume that the stalker has a lethal weapon. Therefore, enacting anti-stalking law may not be too late even after in-depth survey on our real situation and other country's cases. (2) Are there sufficient victimization surveys and case studies on stalking? There were two relatively large-scale victimization surveys in 1998 and 2000 in Korea. Even if the extent of stalking victimization were more serious than our guess, the degree and duration of stalking cannot match with those of the U.S. or some European countries. For example, physical assault appeared only in 2-3% of the whole cases (in western countries; 34-56%), and the median duration was 2 months (in western countries; 12-33 months). Therefore, more surveys and studies are needed before taking actions. (3) Will it work to punish the stalker in protecting victims? Though it may be the most severe response, punishing the stalker is not believed to be the most effective way. Other than victim's weak attitude against stalking, stalking incidents are met with lukewarm responses of the police. The criminal court is also hesitant to punish the stalker. The U.S. National Institute of Justice recommends "a multidisciplinary approach that would integrate strategies for protecting victims, apprehending and prosecuting offenders, managing convicted stalkers, providing services for stalking victims, and providing evaluation and treatment for stalking defendants". This approach should involve law enforcement, the judiciary, corrections, social services, advocacy groups and community organizations. Then we have to ask to our selves: "Do we have a mind and all that resources to put in to reduce stalking?" (4) What is the most effective way to prevent stalking? Generally speaking, slighter intervention at earlier stage (like police warning or arrest rather than sentencing) is considered the more effective way to stop stalking. But the most effective way can be found from under standing psychological or mental state of each stalker. Some stalkers commit offenses with intention to inflict trauma and distress upon their victims. Others do it because of mental illness that seriously impairs their judging capacity. And Still others have no such causes; they just do it and may be unaware of the of the distress they are causing their victims. The most effective way can be punishment and rehabilitation, medical treatment, or just creating awareness of the impact of their behavior. (5) How should we draft out Korean Anti-stalking Law? Although not passed the National Assembly, Korea has a draft of anti-stalking law. It defines stalking by enumerating some behaviors that would cause serious unrest or fear. Though the lack of a strict definition of stalking may leave the possibility of abuse, a loose framing that sets focus on the impact of the behavior to the victim can have it s own merit. Also, the subject of 'intention' and the criteria of causing serious unrest or fear' demand careful consideration.
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A Study on the Leaching of Rare Earth Elements from Waste Phosphor Powder
이기헌,김창권,이동훈,송영준 대한금속·재료학회 2021 대한금속·재료학회지 Vol.59 No.7
This study was carried out to obtain data to design a process to recover rare earth elements, specifically Y(Yttrium), La(Lanthanum), Ce(Cerium), Eu(Europium), Tb(Terbium) from waste phosphor powder. For this purpose, we investigated the effect of temperature, concentration, time and acids on leaching of the rare earth elements. The effect of roasting temperature, roasting time, roasting agent and its dosage on the leaching of rare earth elements were also investigated. 92% of the Yttrium, 70% of the Europium and 8% of the Cerium contained in the waste phosphor powder was leached at the condition of 50 oC and 0.3N HCl solution for 3hours. However, Terbium and Lanthanum were never leached at this condition. The leaching ratio increased to 100% of Yttrium and Europium, 98% of Cerium, 92% of Terbium and 89% of Lanthanum by leaching after soda ash roasting. In the leaching experiment with unroasted phosphor at 80 oC, the initial leaching reaction rate of Yttrium was 0.035 mol/L·s in 0.3N sulfuric acid solution, 0.033 mol/L·s in nitric acid solution and 0.028 mol/L·s in 0.3N hydrochloric acid solution. And the initial leaching reaction rate of Europium was 0.0017 mol/L·s in 0.3N sulfuric acid solution, 0.00114 mol/L·s in nitric acid solution and 0.00113 mol/L·s in 0.3N hydrochloric acid solution. For Cerium, the initial leaching reaction rate was 0.00019 mol/L·s in 0.3N sulfuric acid solution, 0.00025 mol/L·s in nitric acid solution and 0.00014 mol/L·s in 0.3N hydrochloric acid solution.
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