헌법상 안전에 대한 연구 / 이호영

이호영 민주주의법학연구회 2024 민주법학 Vol.- No.85

안전은 평온한 생활을 영위하고 인간의 존엄과 가치를 누리게 하는 토대가 되지만 자유를 비롯한 인권을 제한하는 근거가 된다는 점에서 ‘야누스적 면모’를 지닌다. 자유를 비롯한 다른 기본권 보호와 중첩되는 영역에서 안전은 국가의 기본권보호의무 수행에 기여하는 상호 보완적 관계가 되지만, 그렇지 않은 영역에서는 서로 충돌하는 긴장관계로 이해할 수 있는 것이다. 따라서 안전을 하나의 개념으로 이해하기보다는 공존관계를 맺고 있는 ‘생명과 신체의 안전’을 가장 우선하되 그렇지 않은 다른 법익에 대해서는 법적 형량을 통해 조화시키며 과소보호금지원칙 역시 차등적으로 적용할 필요가 있다. 또한 안전을 하나의 가치로 완결적으로 이해하는 것은 불가능에 가까우며 실제로 달성할 수 있는 최종상태라기보다는 과정으로 보는 것이 타당하다. 이는 헌법 역시 안전에 대해 완결적이면서 최종적인 정의를 내릴 수 없고, 안전보장이라는 목표를 헌법상 실현하는 것은 민주적 논의과정에 개방되어 있어야 함을 의미한다. 이는 헌법의 규범적 힘을 거부하는 것이 아니라, 오히려 헌법에 보장된 민주주의와 권력분립의 원칙을 강조하는 것을 내포한다. 따라서 안전의 지향점과 내용, 대상 등을 지속적으로 논의하고, 자유와의 경계에 대해 유연성과 균형을 유지하면서 논의 결과를 헌법에 반영해야 할 필요성이 있다. Safety is like ‘Janus’ in that it is the foundation for living a peaceful life and enjoying human dignity and worth, but it is also the basis for restricting human rights, including freedom. In areas where it overlaps with the protection of other fundamental rights, including freedom, safety becomes a complementary relationship that contributes to the fulfillment of the state's obligation to protect fundamental rights. But in other areas, it can be understood as a tension that conflicts with each other. Therefore, rather than understanding safety as a single concept, it is necessary to prioritize ‘the safety of life and body’, which are in a coexistence relationship, while to harmonize other legal interests through legal balancing and to apply the principle of prohibition of excessively deficient protection differently. Furthermore, it is nearly impossible to completely understand safety as a value, and it is more appropriate to view it as a process rather than an end state that can actually be achieved. This means that the Constitution cannot provide a complete and final definition of safety, and that the constitutional realization of the goal of safety must be open to democratic discussion process. This is not to reject the normative power of constitutions, but rather to emphasize the principles of democracy and separation of powers guaranteed in constitutions. Therefore, there is a need to continuously discuss the direction, content, and targets of safety, and to reflect the results of the discussion in the Constitution while maintaining flexibility and balance on the boundary with freedom.

嫉妬心

李鎬榮 中央醫學社 1967 中央醫學 Vol.13 No.5

PREDICTION OF DRIVER’S DROWSINESS USING MACHINE LEARNING ALGORITHMS FOR MINIMAL RISK CONDITION

이호영,남덕호,김경필,백건희,이다솜,서명원 한국자동차공학회 2022 International journal of automotive technology Vol.23 No.4

Use of an Automated Driving System is expected to improve traffic safety by protecting drivers from drowsy driving. Previous studies on the use of Automated Driving Systems mainly focused on detecting a driver’s level of drowsiness and protecting drivers from accidents by performing fallback maneuvers. However, maneuvers conducted in drowsy states are limited in their ability to achieve Minimal Risk Conditions because human drivers show a gradual degradation in their driving ability as they fall asleep and the probability of an accident increases greatly after a driver becomes drowsy. Thus, current Automated Driving Systems require algorithms to predict drowsiness and perform maneuvers before the driver becomes too drowsy. This paper suggests an algorithm that not only detects but also predicts driver drowsiness using 6 vehicle data points. Driver condition is classified into 4 states and Driver drowsiness can be predicted by detecting the severe fatigue state, which tends to occur one minute before the drowsy state. The vehicle driving data are collected using a simulator and features that can be used to distinguish between the 4 states are investigated through data analysis. Ultimat

구두 발표 : 식생구조 ; 희양산 참나무림의 군집구조 특성

이호영,오충현,최송현,이수동 한국환경생태학회 2010 한국환경생태학회 학술대회지 Vol.20 No.2

SOFC 연결재용 Al이 도핑된 (La_0.8Ca_0.2)(Cr_0.9Co_0.1)O₃(LCCC)계 세라믹스의 합성 및 치밀화 특성

이호영,강보경,이호창,허영우,김정주,김재육,이준형,Lee, Ho-Young,Kang, Bo-Kyung,Lee, Ho-Chang,Heo, Young-Woo,Kim, Jeong-Joo,Kim, Jae-Yuk,Lee, Joon-Hyung 한국전기전자재료학회 2012 전기전자재료학회논문지 Vol.25 No.5

In the $(La_{0.8}Ca_{0.2})(Cr_{0.9}Co_{0.1})O_3$ (LCCC), which has been using as interconnector materials in SOFC, Al ions were substituted for Co because ionic radius of Al is similar to that of Co. Because of the almost identical ionic radius of Al and Co, the substitution was not thought to be affect the tolerance factor of LCCC, and the densification behavior, high temperature electrical conductivity and thermal expansion coefficient were examined as a function of Al concentration. In the cases of the x= 0 and x= 0.02 in $(La_{0.8}Ca_{0.2})(Cr_{0.9}Co_{0.1-x}Al_x)O_3$ (x= 0~0.1), the samples showed the relative densities above ${\geq}95%$ when those were sintered at ${\geq}1,350^{\circ}C$. In the case of the $x{\geq}0.06$ the sintered density deteriorated greatly at lower sintering temperatures. High temperature electrical conductivity of the samples decreased as the content of Al increased. Since the valence state of Al ion is unchangeable, while Cr or Co ions contribute to the electrical conduction by changing those valence states, Al substitution resulted in the decreased electrical conductivity. Al doping of LCCC was an effective way of decreasing the thermal expansion coefficient (TEC).

안구위축 혹은 변색된 실명안에서 Scleral Shell 의안 착용 결과에 대한 임상 연구

이호영,양재욱.Ho Young Lee. M.D.. Jae Wook Yang. M.D.. Ph.D. 대한안과학회 2008 대한안과학회지 Vol.49 No.7

Purpose: To show that scleral shells can be good cosmetic prostheses for phthisis bulbi or discolored blind eyes for which no evisceration or enucleation is indicated. Methods: Twenty patients with phthisis bulbi or discolored blind eyes were enrolled in this study. All patients were using scleral shells. We evaluated any complications induced by the scleral shells and the cosmetic results during the follow-up period. Results: The average central thickness of the scleral shell was 1.84±0.26 mm, and the average volume was 1.52±0.25 ml. The average difference in palpebral fissure width between the fellow eye and the eye with a fitted scleral shell was 0.8±0.62 mm. One patient complained about ocular irritation and difficulty in fitting but was satisfied with the cosmetic appearance. Conclusions: Fitting scleral cover shells over phthisis bulbi or discolored blind eyes without evisceration or enucleation could be a successful remedy for enhancing cosmetic appearance. J Korean Ophthalmol Soc 49(7):1041-1045, 2008

Adolf Meyer 의 정신병리

이호영 韓國精神病理-診斷分類學會 1994 精神病理學 Vol.3 No.1

So-called Vertical Dimension in the Cartel Case

이호영 서울대학교 아시아태평양법연구소 2015 Journal of Korean Law Vol.15 No.1

The Korea Fair Trade Commission have long stuck to law enforcement policy that Article 19 of the Monopoly Regulation and Fair Trade Act which prohibits anticompetitive concerted practices applies to horizontal agreements only, while most anti-competitive vertical agreements have been judged by ‘the likelihood to impede fair trade’ standard under Article 23. This does not, however, have any statutory ground or antitrust policy justification. Such law enforcement approach to vertical restraints may make prohibition on unreasonable concerted practices under the MRFTA insufficient and cause unnecessary confusion in regulating unilateral conduct under the Act. Fortunately, the KFTC and courts which reviewed the KFTC’s decisions recently showed signs of changes where a non-horizontal agreement was in issue. However, this does not seem enough to change antitrust rules governing vertical restraints under the MRFTA in near future. A consistent and systematic approach is requested for establishing the clear distinction between concerted and unilateral conduct under the Korean antitrust law regime by restoring law enforcement against anti-competitive vertical agreements as an unreasonable concerted practice. In process of such development, of cause, a due respect should be paid to predictability on the side of business communities.

공정거래법상 수직적 공동행위의 규제에 관한 연구

이호영 한국경영법률학회 2011 經營法律 Vol.21 No.4

The currently debated issue of regulating unilateral conducts under the Korea Anti-Monopoly and Fair Trade Act (the KAFTA or the Act) is closely related to the issue of regulating vertical cartels under the Act. So far, the law enforcement against the improper cartels under the Act by the Korea Fair Trade Commission has focused solely upon horizontal agreements. Such law enforcement was presumably affected by the law enforcement against improper restraints under the Japan by the Japan Fair Trade Commission. However, this does not have any statutory ground in the KAFTA nor competition policy justifications. Such law enforcement approach to improper cartels under the Act may make vague the fundamental distinction between concerted conducts and unilateral conducts and cause serious problems in the competition law regulatory system under the Act. It may make the regulation of improper cartels incomplete and cause unnecessary confusion on regulating unilateral conducts under the Act. Regulating vertical cartels is one of the urgent tasks not only for improving law enforcement against improper cartels under the Act, but also for having the overall competition law regulatory system more advanced.

대전시와 창원시 도시숲에서의 아까시나무 군집구조 특성

이호영,오충현,김은식,손요환,박관수 한국임학회 2010 한국임학회 정기학술발표논문집 Vol.2010 No.-