民事法上 損害槪念論

河潤秀 東亞大學校 大學院 1992 大學院論文集 Vol.17 No.-

The course in which the amount of compensation for damages is finally calculated from the happening of damages consists of 4 phases. 1) Happening of Damage 2) Confirmation of Compensation Scope from the damages caused 3) Pecuniary Assessment of the Confirmed Damages 4) The amount is finally decided through the offset ot fault and that of profit & loss, and the deduction of the middle interest. What is the damages mentioned in the 1 phase of 4 phases, as aboves? How is the damages examined? These are the jurisprudential subject. That is, This is the Damage Theory of the legal theory on the concept of Damages. In case that we are confronted with a hard problem concerned to the scope of compensation for damages in the theory of Korea or in the actual affairs of court, the confusion on its settlement rises up, as we do not clarify the concept on damages or do not clearly indicate the point held by the confirmed problems of damages concept, as mentioned in the above, among some phases through which we pass in order to settle the scope of compensation for damages, and then do not find its focus or its subject matter clearly. As mentioned in the above, the damages theory is the concept on damages, that is, how to understand the damages, and the concept on damages, can be divided into two problems. 1) How to understand the damages' own self? 2) The problems on the kind of damages, However, there are two kinds of dividing the damages in the problems on the kind of damages, even if we are not related to the damages item shown by the individual concrete non=protit confronted to the claimant for compensation. It can be divided into the thing which can be compensated with any compensation principle of the regular damages and the special damages based on Article 393, and that which can not be compensated. In this case, the damages division is accomplished according to the compensation principles rather than is included to the damages own self. Accordingly, it is proper that this problem is examined in the theory on compensation scope rather thatn in the damages theory. Therefore, this study shows the first problem "How to understand the damages?", that is, in which scope the damages is conceptualized until the amount which the obligator for compensation finally pays several non=profits extended to the financial state or the whole living of the claimant suffered by the default of debt and the unlawful act, and also indicates that the damages is concretely handled is confronted with the damages being treated with the balance abstractly. So, the latter, that is to say, the opinion on the balnace doctrine is mainly developed. In this study, we consider in which meaning the balance doctrine is introduced and is supported, and what is its criticism and what is the subject and the future view on the damages concept, based on this problem.

原因競合에 있어서의 責任分擔

河潤秀 東亞大學校 大學院 1993 大學院論文集 Vol.18 No.-

In these days Art 750 of current civil code prscrive about tort law that the liability ofr damages is solved according to condicio sine qua non of cause and effect. It thought to be not grasped with cause for liability, but based on liability for effect. This thesis intend to point out the questions comparing relations Art 750 and Art 373 of current civil code which a plaintiff is entirely responsible for effect of damages. But considering the point that causes for an illegal act compets, a plaintiff is not only made to be entirely ilable for demages, a defendant is but also made to, when he has liability for illegal cause,on the base he is ilable for the cause. The intent of this theisis if to point out that it corresponds to the principle of the impartial liability, an doctrine of damages law in an illegal act. Conclusively, it is great important task in the but are, which we should apply to decide the problem of the compensation for damage in the cause concurrent between defendant and plaintiff.

不法行爲法上 原因競合論 : centering around a defendant's factor concurrence 被害者의 素因競合을 中心으로

하윤수 東亞大學校 大學院 1990 大學院論文集 Vol.15 No.-

In these days Art 750 of current civil code prescrive about tort law that the liability for damages is solved according to Condicio sine Qua non of the interaction of cause and effect. It is thought to be not grasped with cause for liability, but based on liability for effect. This thesis intend to point out the questions comparing relations Art 750 and Art 373 of current civil code which a plaintiff is entirely responsible for effect of damages. But considering the point that causes for an illegal act compete, a plaintiff is not only made to be entirely ilable for demages, a defendant is but also made to, when he has liability for illegal cause, on the base he is ilable for the cause. The intent of this thesis is to point out that it corresponds to the principle of the impartial liability, an doctrine of damages law in an illegal act. Conclusively, it is great important task in the but are, which we should apply to decide the problem of the compensation for damage in the cause concurrent between defendent and plaintiff.

不法行爲法上 原因競合論 : Centering around the concurrence with the road defect 道路瑕疵와의 競合을 中心으로

河潤秀 東亞大學校 大學院 1991 大學院論文集 Vol.16 No.-

The road defect means that the stone falls on the road and the bridge collapses, and the surface of road is defective(that is to say, the surface of road is piited or the balance of surface of road of curve road is lost), the defect of illumination of road surface(Illumination of Tunnel) and road mark, and establishment of semaphore is caused. The traffic accident can be generally caused by the fault of driver, but be incurred by the road defect even if there is no fault of driver. Also, the traffic accident can be incurred by the cause concurrence of the mistakes of driver and the road defect. That is to say, it is called as the Proximate Cause Concurrence that the accident is caused by the concurrence of negligence of driver and road defect. The cause of accident is diverse, as aboves, and it different where the responsibility lies according to these causes. That is to say, in case the accident is caused by the mistakes of driver, its responsibility must be borne by the driver, and in case the accident is incurred by the defect of road, it must be assumed responsibility of by the Nation or Local Autonomous Entity or Road Corporation which is the main body of controlling the road. In case the cause is concurrent, the responsibility must be borne together. However, notwithstanding there is no mistakes of driver, he does not claim damages against the nation or the chief of Local Autonomous Entity which is the manager of road(Law of Nation Compensation Article 2 ro Civil Law Article 758 Clause 1), and he accepts his own responsibility as the driver's own driving fault. Also, even when the traffic accident is incurred by the concurrence of fault of driver and road defect, it becomes controllable that the damages is claimed only against the driver under the Civil Law(It is thought as the Driver's own fault). Accordingly, this study is to consider the law principle of responsibility centering around the case in which the driver's fault and the road defect are concurrent together, which can cause the problems. That is to say, in this case, the damages are expanded by the concurrence of the driver's own fault and the road defect of road manager, and therefore the part which the damages is spreaded isinvested in the responsibility line of road manager certainly. So, the issue on legal responsibility of road manager can be presented. However, it is the actual situations that there is no sufficient argument on it, notwithstanding these legal issues are proposed. Therefore, these issues is to be developed jurisprudentially in this study. Firstly, how the fault of driver and the manager by the road defect and its responsibility issue are construed in the Theory of Tort Law of Existing Civil Law, Article 750 and the Jurisprudential Sphere of Joint Tort Law of Article 760. Secondly, how the legal responsible principle of road defect in constructed in National Compensation Law, Article 2 and Self-Compensation Law, Article 3 and the Responsibility of possessor and owner of structure of Civil Law, Article 758. With regard to the part in which the accident is expanded by the road defect of the Republic of Korea, the driver has no choice but to acknowledge it as his own mistake or the theory on it is not enough. The judicial precedent is consistent in the responsibility of Article 2, National Compensation Law, and the Structure Defect of Article 758, Civil Law. These consistency is responsible for the insufficient theory, but is under the control of whole or total-lacking result responsibility theory according to the principle of responsibility concurrence. However, this study is to examine the collaboration of driver, who causes the mistake, and road defect, and to divide the responsibility according to the contribution degree of cause under the principle of cause concurrence. As well, the thing combined more than 2 factors on the character of road defect, as examined in the foregoing, creates on result(Damages), and therefore it is not easy to consider the jurisprudence. When the combined 2 factors inflict the damages upon the sufferer, it must be discussed how the legal responsibility is handled. It is general that the bona-fide sufferer requests the responsibility of Joint Tort Action of Civil Law Article 760 to both parties. This is surely for the protection of sufferer, but it is caused whether it is suitable to the Joint Tort Action which is the provision for the sufferer, notwithstanding all kinds of cause contribution are pretty difference between the faulted driver and the defective road manager. It is considered that the thing which coincides with the principle of impartial burden on the Tort Action Law is proper to be divided in the concorded total damages, according to the percentage of each cause contribution. As like this, as the responsibility is divided, it is thought that the part expanded of the accident happening, that is to say, there is open to ask the responsibility on road defect, is needed for groping for the cause concurrence newly.

학교폭력사고의 근절을 위한 학교교육의 재검토 : 사회과 법교육을 중심으로 The point of social studies' law education

하윤수 부산교육대학교 초등교육연구소 1997 초등교육연구 Vol.10 No.-

We looks into social studies' law education in two points of views. The first, law education is made use of as a bad means for seizing political power by Government. The second, the goal of school law education is to test a lot of knowledge in connention with law, and to pass the exam of good university. According to this reason, constitutionalism and a law-keeping spirit in the center of law education have been neglected by established generation and juvenile. The many people and the young think that they do harm to themselves if they obey a law. The many juveniles growing in this bad social environment don't have critical thoughts on social law, a sense of responsibility, and a consciousness of public orderliness. and a lot of students commiting a crime in school don't have any law consciousness nor feel any guilty about weilding violence. Occurring of school violence accident is not merely a mistake of social studies' education but also one of society without rooting out negative factors in our social bad environment. Espesily, unhappily, this negative factors are in existence on our social environment and on social studies' law education now. In this environment, I think that only our law enforcement authorities is incurable of students' violence occurring to school education. So, a lot of social groups and established generations must have a lot of efforts to eliminate negative law consciousness and the many disbelief in our law environment. School law education will be reconverted by the education for real social living and growing law-obeying spirit from childhood through re-examination of all law education. that is to say. The purpose of school education is not to educate theory but to do practical examples through experience in everyday life. and students-teaching law consciousness should be educated to have the strong opinion that any student who trespasses against a law must be punished severely by law enforcement authorities. Our school students must have many right critical thoughts on the law consciousness, debate education of the scene, and a discussion on the act of delinquency. In this way, debate lessons, audio-visual teaching will be demended at this point of present time urgently. Through this prossession, the law is not so far but is in our social living. When students watch the course of judgement directly, they will grow law-obeying spirit naturally. so I think that law-keeping mind shall play a important role as prevention against school violence accident. we should regard school violence accidents as factors occurring often in our school education. Therefore we can not solve all school violence accidents in a short time. and we have to re-exam prossession of school education continuously and to cope with activeness in these many difficult situation. So, many school violence accidents will diminish gradually.

교육대학교와 사회기관과의 연계강화 방안 : 일본 교원양성대학과 지역사회기관과의 연계 중심으로

하윤수 부산교육대학교 초등교육연구소 2003 초등교육연구 Vol.18 No.-

The educational universities in South Korea have enjoyed so far the superiority of a systematic device for elementary schoolteacher as the purposeful university that takes exclusive charge of educating elementary teacher. As this effect, they are in danger of falling into hard-shelled and closed self-contradiction because all the constituent members of educational university are naturally estranged from general universities and society, the view of logical thought of students are unified, and their thoughts of social status quo become rigid by a dichotomy. While only the particularity of education for teacher-training has been emphasizing like this, not only a learning except the education of teacher and curriculum has got more and more rejected but lack of understanding of the study that researches social status quo has been deepened and expanded. Therefore, to overcome the defect and contradiction of educational university, the ability to accept various opinions as to social status quo is required, along with outgoing and open thought. It is absolutely necessary to use jointly human and material resources between the general universities and social organs in the area as well as to interchange credits and the completion of liberal arts. We should understand the seriousness of such problems correctly and building a supporting system with educational university in the center, we have to realize educational actuality through many kinds of educational experiences. Also, it is though that the quality of both teacher and education will get better externally, simultaneous with the enhancement of the inner value of educational university student. As this study aims at solving the above-mentioned problems confronting educational universities in South Korea at present and strengthening the connection between an educational university and social organs so as to correspond to the image of teacher that is asked in 21st century, it is only a way both to escape from closed curriculum and to connect with the social organs that are need in understanding new experience and world. Besides the firm maintenance of the identity of educational university through strengthening it, it is of the most urgent necessity to use new facilities, experiment and exercise, experience different culture, and service to the community through the connection. In conclusion, the cultivation of teachers' quality is requisite to setting up the image of teacher with both generous humanity and a large experience of social activities by strengthening the connection.

재학계약론에 관한 고찰

하윤수 대한교육법학회 2002 敎育 法學 硏究 Vol.14 No.2

As appeared in the principle of amendment of modern civil law in the later 20th century, the free contracting society is not the domain of only private law, but it is also found in public law. So the representative one, which differed from the former structure of the contracting principle of private, is "the contract of attendance at school". In "the right to be educated" in Article 31 of the Constitution, "compulsory and gratuitous educations" under national charges, "university autonomy", and the legislation for "the educational system, conduct and finance", there aren't only student's individual rights as a learner, but the learning right in school is related to the administration involved in a teaching institution and the nation is premised that guarantees the practice of public education. Therefore the learning right that belongs to the right to be educated in school, educational facilities, and the right to be educated are peculiar to the right of private law; but the educational authorities prepare normal lesson along with other enough educational facilities, are burdened with all the obligations to offer education, and make the contract of attendance at school with the students. The law to govern this application and practice of public education. The problem is that the position to see this contract from a viewpoint of public law differs from a standpoint of private law. So it must be a little excessive to judge it from a branch of specific studies. There were many changes both in the unilateral notion of the way that conveys the will and ideas of a superior authority to subordinate officials and in the contract of attendance at school on the basis of equality under the new Law of Education, together with the reform of the educational system. Owing to the changes, we must have new cognizance of that contract.

한·일 교육대학 제도비교에 관한 연구

하윤수 대한교육법학회 2001 敎育 法學 硏究 Vol.13 No.-

This study compares and examines the systems of teacher training of Korean and Japanese universities of Education. Korea trains teachers at eleven Universities of Education according to region, while Japan does so at ten Universities of Education. Both of the countries have a similar number of universities, but there are considerable differences between the systems of teacher training. First, Universities of Education in Korea train only for elementary school teachers while Japan trains teachers for kindergarten, elementary and secondary schools, and special schools for the handicapped. Japan seems to have a more integrated system for teacher training. Second, Korea runs Master's Degree programmes in Education, but Japan runs Master's and Doctorate degree programmes. Third, in curricula, Korea doesn't admit for a minor system, but Japan admits and runs multiple minor systems. Fourth, Korea grants a second-grade teacher's certificate, but Japan grants a first-grade multiple teacher's certificate according to minors that students take in the curricula. Fifth, in the principal appointment system for schools attached to universities of education, an elementary school principal recommended by the president of university can be appointed in Korea; in Japan, a professor of university is recommended and appointed. I hope this study can improve the future system of teacher training in Korea through the comparison of the systems of Korea and Japan.

過失相計의 適用과 問題點

河潤秀 동아대학교 법학연구소 1995 東亞法學 Vol.- No.19

우리 나라 보건관리대행서비스 평가 연구

하은희,조수헌,김선민,주영수,한상환,하미나,권호장,홍윤철,김창엽 大韓産業醫學會 1998 대한직업환경의학회지 Vol.10 No.1

Group occupational health service programme started in 1990 is one of the measures to cope with limited human and financial resources in occupational health. The programme has expanded rapidly to include 52 institutions, private as well as public, all over the country. In spite of its potential impact on health of employees and practice of occupational health in small and medium sized industries, comprehensive evaluation in terms of quality has not been tried. This study has aims to develop the criteria to assess the quality of newly developed group occupational health service programme, and to investigate the quality of institutions, and finally to develop policies for the quality improvement. 1) Criteria development : By defining occupational health services, in particular for small and medium sized industries, as one of the primary health care, followings are included as core elements of qualitative occupational health programme; accessibility, continuity, comprehensiveness, technical quality, intersectoral collaboration, emphasis on preventive services, community participation, and adequacy. Again each element is divided into five major components of national health system infrastructure developed by the World Health Organization; development of health resources, organized arrangement of resources, delivery of health care, economic support, and management. In turn, each component is categorized into three aspects of quality assessment, structure, process and outcome. Expert panel selected several criteria for each category to evaluate the programme. Criteria were modified according to each group of interviewees, to produce two sets of questionnaire, one for chief operating officer and another for nurses in the institutions, and the chief operating officer and workers in the workplace. 2) Subject : Of all 52 institutions, 25 voluntarily participated in the survey. At individual institution, chief operating officer and practicing nurses were interviewed in depth. After intensive education for interviewees, every interviewees, every interview was performed with standardized guideline and questionnaire. The quality of the 'Group occupational health service programme' was found to be lower than expected. Especially in continuity, comprehensiveness, technical quality, community participation and adequacy, lower quality in structural aspect was commonly identified throughout all the institutions,. Quality in terms of accessibility and continuity highly varied among institutions., To improve quality of the programme, more comprehensive and systematic programme such as accreditation has to be introduced. In addition, human resources, governmental fund and information systems for individual workers are to be developed. As a long range plan, integration of occupational health services into the national health systems and pooling of financial resources and planned allocation should be considered.