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통일준비차원에서 북한주민의 법 인식 교정을 위한 지향점 도출 연구
정광진(Jeong, Kwang-Jin) 한양법학회 2016 漢陽法學 Vol.27 No.4
For the prosperity of our nation, the unification of the North and South is indispensable and it is time to prepare for unification. At this time, it is important to understand the legal system of South Korea with regard to the North-South unification. In order to prepare for unification, it is necessary to make North Korean defectors and North Korean defectors understand the Korean system before unification. This is because North Koreans can be said to have been formed by political socialization and political thought education, which they learned in North Korea while living under the socialist system. The settlement of North Korean defectors in South Korea is also one of the factors that promote North Korean defectors. And some of the inhabitants of North Korea are hesitant to escape due to misinformation and fear of South Korea"s legal system. Therefore, it is important to understand South Korea"s legal system as an object of current North Korean defectors and refugees. In the end, as the North Korean people understand the South Korean system before and after the reunification, the unification cost that South Korea should bear will be lowered and the solidarity of the nation will become harder. A study should be conducted to analyze the key factors affecting the formation of the North Korean people"s system in North Korea. This is because this research is based on the establishment of an effective strategy to correct the structure of consciousness of North Koreans. Therefore, it is necessary to capture the important factors affecting the formation of the perception of the North Korean people"s legal system so that they will be able to understand and adapt the legal system of South Korea properly if they feel heterogeneous or unreasonable. will be. Understanding South Korea"s law on North Koreans should be based on the constitutional relationship between liberal democracy and law. On the other hand, North Korean residents as the object here refer to those who are currently residing in South Korea, those who are residents of North Korea, and those living in other countries. In relation to the knowledge of law in the socialist state known to the North Korean people, first, the viewpoint of law in socialism, the law of South Korea is irrelevant to the will of the class, and the social consensus of all social constitution The law should be changed according to the fact that the law is made according to. Second, we must correct the viewpoint related to nationalism through the explanation that there is no law established in the concept of national democracy in the past or future, and that the nation for us is only meaningful in terms of cultural identity and pride. Third, the point of view of the legalism in socialism is that since our law does not recognize the class from the beginning, it must be broken through that there is no place in our legal system to reflect the recognition of the class. Fourth, misunderstanding of the justice and the law of capitalism which criticizes in socialism is a social law called the third law domain, and it should be notified that this argument is In addition, it should be understood that our law is irrelevant to the guiding ideology, the words and will of the authorities, and the party"s policy regarding the North Korean law, in which the North Korean people act as specific criteria for the law. In other words, there is no such thing as the Juche idea in South Korea, and the President of South Korea is essentially different from the Kim Il Sung, Kim Jong Il, and Kim Jung Eun in North Korea, and the ruling party in South Korea should be recognized that it is quite different from North Korea"s Labor Party.
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나노 실리카와 카본블랙이용 탄화열 반응으로 나노 SiC 합성 및 특성
정광진,배동식,Jeong, Kwang-Jin,Bae, Dong-Sik 한국재료학회 2013 한국재료학회지 Vol.23 No.4
Nano-sized ${\beta}$-SiC nanoparticles were synthesized combined with a sol-gel process and a carbothermal process. TEOS and carbon black were used as starting materials for the silicon source and carbon source, respectively. $SiO_2$ nanoparticles were synthesized using a sol-gel technique (Stober process) combined with hydrolysis and condensation. The size of the particles could be controlled by manipulating the relative rates of the hydrolysis and condensation reactions of tetraethyl orthosilicate (TEOS) within the micro-emulsion. The average particle size and morphology of synthesized silicon dioxide was about 100nm and spherical, respectively. The average particles size and morphology of the used carbon black powders was about 20nm and spherical, respectively. The molar ratio of silicon dioxide and carbon black was fixed to 1:3 in the preparation of each combination. $SiO_2$ and carbon black powders were mixed in ethanol and ball-milled for 12 h. After mixing, the slurries were dried at $80^{\circ}C$ in an oven. The dried powder mixtures were placed in alumina crucibles and synthesized in a tube furnace at $1400{\sim}1500^{\circ}C$ for 4 h with a heating rate of $10^{\circ}C$/min under flowing Ar gas (160 cc/min) and furnace cooling down to room temperature. SiC nanoparticles were characterized by XRD, TEM, and SAED. The XRD results showed that high purity beta silicon carbide with excellent crystallinity was synthesized. TEM revealed that the powders are spherical shape nanoparticles with diameters ranging from 15 to 30 nm with a narrow distribution.
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정광진 ( Jeong Kwang-jin ) 한국소년정책학회 2017 少年保護硏究 Vol.30 No.2
The complaint under the structure of the Criminal Procedure Code providing that the right of criminal prosecution is monopolized by the nation is only the condition of criminal investigation. The reason why the nation allows the victim to make a complaint is because the victim may recover its rights easily through the complaint system. On the other hand, however, there is a tendency that the overuse of complaint caused by the victim’s uncontrolled impulse results the abuse of national punitive power. This paper studies the capacity for complaint and the generation and termination of its effect that there is a concern giving rise to confusion in administering the complaint system based on the judicial precedent. In case of minor and the mentally handicapped, the capacity for complaint should be allowed considering the physical maturity, intellectual level and other factors depending on the concrete case rather than all cases indiscriminately. Accordingly, if a victim has an intellectual level equivalent to the mental age of an eleven-year-old considering the victim’s age, intellectual level, social efficiency, etc comprehensively, the victim should be deemed to have the capacity for complaint. Additionally if a victim is a mentally retarded people or is lowered in the intellectual level comparing to that of an average man, the time for allowing the capacity for complaint must be extended relatively. This means that if the victim cannot recognize the related harm, a concrete validity should be schemed for protecting the victim by suspending the legal prescription of complaint till the victim recognizes the harm or has help from an assistant. A complaint shall become effective when a letter of complaint filed in a public prosecutor´s office or a police station is accepted. In case of declaring orally or only harm, the effect of complaint shall not be generated. For the effectuation of complaint, the victim declares his/her intention requiring for the wrongdoer to be punished on the victim’s written statement and the contents of the victim’s intention should be recorded on the police report. In case a complainant makes a complaint orally at a police station, the complainant should be requested to prepare and submit the letter of complaint, if possible. In case the complainant is mentally disabled or illiterate and it is impossible to prepare the letter of complaint, a supplementary letter of complaint should be prepared for the victim. In particular, in case of making a complaint orally at the scene of an offense, it is desirable, upon receiving the victim’s written statement, to take the victim to a police station, if possible. It should be explained in full that the contents stated by the victim may not be recorded in the police report without omission. This is because the investigative agency, the party preparing the supplementary letter of complaint, does not record the contents stated by the victim as the stater but summarizes the outlines. Even though the parties interested reach an agreement, it does not meet the requirements for withdrawing the related complaint. To withdraw the complaint, the complainant shall file the letter of withdrawal or the content that the complaint shall be withdrawn should be included in the police report. Accordingly if a complainant submits a written agreement only, it should be required to file the letter of withdrawal or make a police report for withdrawing the complaint after confirming the intent of withdrawal. The complaint is a meaningful system for materializing the conflicting ideas of the fair exercises of national punitive power and the victim’s recovery of rights harmoniously. Therefore the complaint system should be administered appropriately according to the spirit of the system. The police station is the front line of the complaint system. When the complaint system is administrated appropriately at the front lines, the judiciary justice will be realized and a nation will be satisfied with the criminal judicial system. For these reasons, it is necessary for the policemen in the field shall understand the spirit of complaint system and have thorough knowledge of the related laws and regulations and the judicial precedent.
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해방 이후 1960년대 북한시장에 관한 문헌적 고찰 : 북한 문헌에 나타난 시장인식과 법제 전개의 상관성
박찬홍(Park, Chan-hong),정광진(Jeong, kwang-jin) 통일과 북한법학회(구 북한법연구회) 2020 북한법연구 Vol.24 No.-
본 연구는 북한 당국의 시장인식의 변화를 점검하고, 해방 이후 사회주의 상업체계가 형성되는 과정에서 북한의 시장정책과 법제의 내용을 검토하여 북한 당국의 시장인식과 관련 법제 간의 상관성을 규명하는데 초점을 두었다. 북한 당국은 시장이 국영 상업에 의한 상품유통망의 부족을 보충하는 순기능을 명확히 인식해 왔으며, 계획과 통제를 통하여 시장에서 발생하는 폐해를 방지하면서 이러한 기능을 적극 활용하고자 하였다. 이러한 시장인식이 시장정책과 관련 법제에 어떻게 반영되어 왔는지를 북한문헌을 대상으로 살핀 결과, 북한 당국의 시장 인식의 틀에서 시장정책과 관련 법제가 활발히 시행되었음을 확인하였다. 이와 같이 북한 당국의 시장인식과 법제 시행간의 상관적 특성에 비춰볼 때, 상품공급이 저하된 상황에서 북한 당국은 시장기능을 확대하는 법제화 경향을 보일 것으로 추정해볼 수 있다. 아울러, 향후 북한 시장화 담론은 다양한 환경 변화는 물론, 본 연구에서 밝힌 북한 당국의 시장인식과 법제의 상관적 특성을 고려하여, 관련 법제에 대한 검토를 포함시킬 필요가 있다. This study examines changes in the North Korean authorities perception of the ‘market’ and examines the contents of the North Korean market policy and legal system in the process of the formation of the socialist commercial system after 1945. The North Korean authorities have clearly recognized the net function of the market to make up for the shortage of product distribution networks caused by state-run commerce, and they have tried to utilize this function actively while preventing harm arising from the market through planning and control. As a result of examining the North Korean literature on how such market awareness has been reflected in market policy and related legislation, it was confirmed that market policy and related legislation were actively implemented in the framework of market awareness of the North Korean authorities. In light of the correlated characteristics between the North Korean authorities market perception and the enforcement of the legislation, it can be presumed that the North Korean authorities tend to enact legislation that expands the market function in a situation where the supply of goods has declined. In addition, the future discourse on the marketization of North Korea needs to include a review of the relevant legal system, taking into account various environmental changes as well as the relationship between the market perception of the North Korean authorities and the legal system disclosed in this study.
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소년범에 대한 벌금형 선고의 문제점과 보호처분으로 대체의 당위성에 대한 고찰
박찬걸(Park Chan-Geol),정광진(Jeong Kwang-Jin) 한양법학회 2017 漢陽法學 Vol.28 No.2
The Juvenile Act regulates an exception for criminal punishment against juvenile offenders under a specific age by reflecting characteristics of juveniles, which includes prohibition on the death penalty and life imprisonment against offenders under 18 years of age, prohibition on the sentence of relative penal servitude for an indeterminate term and detention in labor house, acknowledgement of the regulation on the mitigation for juveniles and relaxation of requirement for conditional release. In addition, necessary measures such as environmental adjustment for antisocial juveniles and protective disposition for correction of behavior may be imposed, and a series of such measures aim at helping juveniles to grow in going order. This way, basic structure of the current Juvenile Act which is dualized as criminal and protective procedures is considered a system based on the paternalism or thought of education that needs to consider for juvenile offenders who are different from adult offenders. With respect to the foregoing, the current Juvenile Act regulates ‘prohibiton on the detention in labor house’ out of punishments against juveniles as an exceptional provision for monetary penalty, which is considered a system that is acknowledged for the purpose of preventing transition and enhancement to a crime and limiting the effect of branding by blocking alternative disposition fundamentally through a short-term detention against juvenile offenders that default of fine is expected in some measure. This manuscript intends to point out many problems that occur as a result of sentencing a monetary penalty against juvenile offenders, and agitate active use of community service order as one of the measures for alternative enforcement. For the aforementioned, this manuscript will consider the present condition and problems of criminal punishment against juvenile offenders focusing on the present condition of criminal punishment against juvenile offenders, examination of exceptional clauses of criminal punishment against juvenile offenders, problems of the sentence of monetary penalty against juvenile offenders etc., and will finish discussion by generating appropriateness of substitution of monetary penalty to a protective disposition against juvenile offenders focusing on the appropriateness of discriminative treatment that reflects characteristics of juveniles, enforcement of community service order as a way to substitute fine, introduction of probation system for less than 5 million won of monetary penalty.
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SF6와 SF6 - N2 가스를 이용한 텅스텐 박막의 플라즈마 식각에 관한 연구
고용득(Yong Deuk Ko),정광진(Kwang Jin Jeong),최성호(Song Ho Choi),구경완(Kyoung Wan Koo),조동율(Tong Yul Cho),천희곤(Hui Gon Chun) 한국센서학회 1999 센서학회지 Vol.8 No.3
The plasma etching of tungsten thin films has been studied with SF_6 gas in RIE system. The etch rate of a - phase W film with SF_6 gas plasma has been showed to depend strongly on process parameters (SF_6, SF_6-N₂ gas). Effect of Nz addition and etching selectivity between W film and photoresist have also been studied in detail. Etching profiles between W film and photoresist were investigated by SEM. The compounds on W surface after SF_6-N₂ gas plasma treatment were examined by XPS and the concentration of F ions was detected by OES during plasma on.
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