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규제위반에 대한 행정부의 금전적 제재: 공정거래법상 과징금 수준의 결정요인에 관한 실증분석
금일중 ( Il Joong Kim ),금진호 ( Jin Ho Kim ),변재욱 ( Jae Wook Byeon ) 서울대학교 법학연구소 2010 서울대학교 法學 Vol.51 No.1
This article probes into the legal and economic grounds underlying the administrative monetary penalty (i.e., surcharge), the use of which has been growing very rapidly as a monetary penalty against the violation of numerous areas of public policy in Korea. Subsequently, it empirically examines the major determinants of the surcharge amounts actually imposed. Although the surcharge is stipulated in more than 100 substantive laws, we focus on the Korean Fair Trade Law, the reason being that its imposition, both in frequency and scale, has been overwhelming especially in the area of antitrust and unfair trades. We use surcharge cases decided by the Fair Trade Commission. According to the estimation results, most of the proxies included in three groups (ECO, LAW, CONTROL) experimentally designed for this article command high explanatory power, statistically explaining around 80% of the dependent variable. From the economic perspective, the essence for warranting the optimal surcharge system is to reflect accurately the `harm level` caused by a violator and the `detection probability` of violation. Our empirical investigation reveals that the former has been adequately reflected. In addition, the latter seems to have been taken into account, too, although it is unclear to how much extent the result has actually been the outcome of the Commission`s intentional efforts. Finally, this article offers critical policy implications and future research agenda derived from the overall empirical analyses in order to construct a more efficient system of surcharge in longer terms.
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李宗錫,金一中 충남대학교 농업과학연구소 1978 農業技術硏究報告 Vol.5 No.2
For the development of natural ornamental plants, an investigation was carried out about the vegetation of Soheuksan-do and Hong-do, islands located far in the southwestesn part of the Korean peninsular. The vegetation of Soheuksan-do was abundant. The dominant species were Machilus thunbergii, Buxus microphylla var. koreana, and Camellia japonica. Regarding the development of natural ornamental plants, 27 families and 54 species were reported in this investigation. Among these species there were 8 species including Calanthe discolor, Epipactis falcata, Dendrobium moniliforme, Goodyera maximowiczii, and Liparis krameri in Orchidaceae. The vegetation of Hong-do was similar to that of Soheuksan-do, but less abundant. Supplementary 10 species were reported in this investigation. Epipactis falcata and Dendrobium moniliforme were almost exterminated in these islands because of indiscriminating gathering. Therefore these species must be protected immediately.
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朴洪民,金永錫,金昇坤,金溢中 全北大學校 1982 論文集 Vol.24 No.-
This study was performed for the purpose of the physical and mechanical properties of Rhyolite, Andesite, Granite-gneiss, Quartz-porphyry, in Deogon mine. The main results obtained were as follows ; (1) The angle of internal friction and the brittleness of samples were proportioned to the ratio of compressive strength to Brazillian tensile strength. (2) The shear strength by the equation (3-3-2) was nearly equal to that on the common tangent line of Mohr's circle. (3) The stress-volumetric strain curves of all samples were divided into three stages ; the preexisting cracks were clossed at the first stage(Ⅰ), the linear elastic deformation occurred because of frictional sliding on crack face at the second stage (Ⅱ), the micro-crack was started in the sample at the third stage (Ⅲ). and the lateral strain was greater that the axial strain at the failure stage of the sample. (4) The lowering ratio of Brazilian tensile strength for dry state and saturation state of samples were high in the following order ; Quartz-porphyry, Andesite, Rhyolite, Granite-gneiss. (5) The normal stress acting on failure plane was proportioned to the compressive strength. (6) The store energy was proportioned to the strain energy.
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