제71차 대한 결핵 및 호흡기학회 추계학술대회 : 포스타 발표 ; 기관지내 종물로 오인된 기관내 이물 1예

안강현,이상수,이재갑,용석중,신계철 대한결핵 및 호흡기학회 1990 Tuberculosis and Respiratory Diseases Vol.37 No.4

상호계산의 효력에 관한 고찰

안강현 한국상사법학회 2011 商事法硏究 Vol.30 No.3

Korean Commercial Code regulates offset arrangement, which is used for the convenience of the merchants with continuous dealings in its Articles 72to 77. However, the conflict of theory continues on the following issues:First, the applicability of the ‘principle of inseparability of offset arrangement’on the third party as a result of offset arrangement (validity of transfer,pledge and seizure of the claims within offset arrangement). Second, the legal nature of account balance approval is argued on separation of account balance establishment and confirmation and on whether the security right exists or not. Lastly as there is no written rule about the error or omission in statement of account approval, the theories remain conflicted. Through extensive research of domestic and international documents, data and court judgments, this study reaches the conclusion that the following theories are reasonable, and underline the necessity for legislative solutions on these matters: the ‘Relative Theory’, which argues that the effect of ‘inseparability of current account’ is valid on both bona fide and mala fide third party of seizure while it can not affect bona fide third party in case of transfer and pledge; the ‘Novation Theory’, which views the legal nature of balance account is determined at the time of approval, and the security extinguishes without the existence of special agreement; and the ‘Unjust Enrichment Theory’, which asserts that approval of statement of account is valid even with the error or omission - and the difference should be restored as unjust enrichment.

미국통일상법전(UCC) §2-207조 개정의 의미-계약의 성립 및 그 조건확정을 중심으로-

안강현 국제거래법학회 2010 國際去來法硏究 Vol.19 No.2

The Uniform Commercial Code(hereinafter referred to as the ‘UCC’) had significantly modified its stance concerning the formation of the contract and the determination of terms of the contract by the revision in 2003. Prior to such revision, the UCC had regulated both the formation of the contract and the determination of terms in the same §2-207, in that if the expression of acceptance has the additional terms to the offer, the UCC had classified into two cases from the criteria whether or not the parties are both merchants. In case the parties are both merchants, such additional terms have incorporated into the terms of the contract provided it has not materially altered the terms of the offer, while either in case where not all the parties are merchants or in case where there are material alteration, such additional terms have been regarded as the simple proposals for addition to the contract, further regulating that in a contract-byconduct situation, the terms of the contract shall be complemented according to the UCC except for the written agreement. On the contrary, the revised UCC has ruled the formation of the contract in the UCC §2-206, separately from the determination of the terms of contract in the UCC §2-207, in that the revised UCC has maintained the previous stance on the abolishment of the mirror image rule to facilitate the formation of the contract,while it has adopted the single unified standard of the knock-out rule to fix the terms of the contract, by repudiating the diversified rules in the previous UCC. This paper has scrutinized the problems likely to arise from the revision of the UCC by comparing the prior clauses with the revised ones, along with reviewing the relevant international regulations such as CISG, PICC as well as PECL. 미국통일상법전은 계약의 성립과 성립된 계약조건의 확정 문제에 관하여 2003년 개정을통하여 그 입장을 크게 변경하였다. 즉, 개정 전에는 계약의 성립문제와 내용확정 문제를 §2-207조에 같이 담아 규율하면서승낙의 의사표시에 청약조건에 대한 추가적 조건이 포함된 경우 계약당사자가 모두 상인인경우와 그렇지 않은 경우로 구분하여 계약당사자가 모두 상인인 경우에는 그 추가적 조건이 청약조건을 중대하게 변경하는 등의 예외적인 사유가 없는 한 계약의 내용이 되도록 하고, 계약당사자의 일부가 비상인인 경우나 위의 예외적인 사유가 있는 경우에는 단순한 제안으로 취급하도록 규정하는 한편 행위에 의한 계약성립의 경우에 그 내용은 당사자의 서면합의 외에는 미국통일상법전에 따라 보충하도록 규정하였다. 그러나 개정된 미국통일상법전은 계약의 성립문제는 미국통일상법전 §2-206조에, 계약내용의 확정문제는 §2-207조에 각각 나누어 규정하면서 계약성립을 용이하게 하기 위한mirror image rule의 폐기기조는 개정 전의 입장을 대체적으로 유지하되, 계약내용의 확정기준에 대하여는 개정 전의 다양한 기준을 폐기하고 knock-out rule이라는 단일한 기준을통일적으로 적용하기로 하였다. 이 논문에서는 미국통일상법전의 위와 같은 입장변경과 관련하여 개정 전후의 조문을 비교하면서 개정조문이 가질 수 있는 문제점에 대하여 검토하였다. 이를 행함에 있어서 CISG 나 PICC 및 PECL 등과 같은 국제규범의 관련규정들에 대한 검토도 함께 하였다.

商業登記 槪觀 : 1995년 개정상법부분을 중심으로

안강현 연세법학회 1998 연세법학 Vol.5 No.1

상사중개에 관한 몇 가지 논의

안강현 한국상사법학회 2013 商事法硏究 Vol.31 No.4

There arises some critical issues with respect to the possible interpretations of Article 93 through Article 100 of the Commercial Act(hereinafter referred to as “CA”) regarding the commercial intermediation widely used nowadays in the numerous commercial transactions like the sales, financing, insurance, maritime transportations, travels, etc. The first issue is as to whether the commercial act prescribed in the Article 93 of CA includes the ancillary commercial act. The second issue is as to how to interpret the intentions of the parties in the absence of explicitly clear intentions agreed upon in the intermediation agreement, and as to what the legislative model was referred in the course of the enactment of intermediation agreement prescribed in the CA, and furthermore as to what the legal nature of the intermediation agreement is. The third issue is as to whether the Article 100(2) of CA would apply to the unilateral consignment. In reviewing the relevant materials and case precedents concerning the above-mentioned issues, I have come to the following conclusions. On the first issue the commercial act in the Article 93 of CA would have to include the ancillary commercial act. On the second issue the intermediation agreement shall be interpreted as the bilateral one in the absence of such clarified intentions in the intermediation agreement, noting that the Korean Commercial Act was enacted with the legislative purpose of prescribing both the unilateral intermediation and the bilateral intermediation, and thus having the unilateral intermediation characterized the special agreement in the CA synonymous with the contract for work, and having the bilateral intermediation characterized the special agreement in the CA synonymous with the delegation. On the last issue the Article 100(2) of CA shall apply to the unilateral consignment as well as the bilateral consignment.

UNIDROIT 국제상사계약원칙에 있어서의 Hardship

안강현 한국상사법학회 2002 商事法硏究 Vol.21 No.1

신용장 사기의 성립요건에 대한 재검토

안강현 국제거래법학회 2005 國際去來法硏究 Vol.14 No.1

In this treatise, the following issues about the fraud rule as an exception to the independence principle of letters of credit will be examined, focussing mainly on Mid-America Tire, Inc. v. PTZ Trading Ltd. Case of the Court of Ohio: 1. the requirements for granting an injunction on payment according to the terms of the letter of credit by looking at the court cases and the rules of the UCC 2. whether UCC's fraud rule is still applicable in a fraud case where the governing law is U.S. law and there is an explicit statement in the letter of credit that it is subject to the UCP, i.e. the relationship between UCP and UCC's fraud rule.

Identification of Influence of Cross Coupling on Transfer Path Analysis Based on OPAX and OTPA in a Dummy Car

안강현,이상권 한국자동차공학회 2021 International journal of automotive technology Vol.22 No.3

In this paper, the cross coupling effect of the vibration paths in a dummy vehicle is investigated by the conventional transfer path analysis (TPA), the operational path analysis with eXogeneous inputs (OPAX) and the operational transfer path analysis (OTPA). The traditional transfer path analysis (TPA) is developed in the beginning of the 1980s at first. It is widely used as a tool for not only NVH troubleshooting but also estimating the transfer path of vibration and noise. Nowadays the TPA has becomes a powerful tool for the vibration source identification in the automotive engineering. TPA requires a lots of test time to process the full data such as the measured operating data and frequency response function (FRF). Based on these disadvantages of traditional TPA, relatively new approaches have developed such as OTPA and OPAX. The OPAX uses parametric models to characterize the operating load and needs a minimum number of extra tests with excitation. The OTPA has the advantage because it request the only operation data for evaluate the contribution of vibration sources. However, there are three limitations in the usage of the OTPA. The study deals with one of three limitations of the OTPA. It is the influence of the cross coupling between several source inputs. The problem of the cross coupling has been discussed with experiment data and presents the method to solve this influence.

設立中의 會社에 관한 硏究

안강현 연세법학회 1998 연세법학 Vol.5 No.2

Development of a Dual Mode Dynamic Damper for Vibration Reduction of Drive Shaft in a Passenger Car

안강현,정해성,이상권,정준백 한국자동차공학회 2021 International journal of automotive technology Vol.22 No.6

When one of the natural frequencies of the drive shaft coincides with the excitation frequency of the engine, the vibration amplitude of the drive shaft increases significantly owing to the resonance of the drive shaft at the natural frequency. To reduce this resonance vibration, a single-mode dynamic damper (SMDD) has been used. A dynamic damper yields second resonances because of the mass and stiffness of the damper, although the resonance vibration of the drive shaft is reduced considerably. To reduce vibration due to the second resonance, the vibration parameters of the SMDD, such as frequency, damping coefficient, mass, and stiffness, should be optimized. However, it is difficult to apply an optimized SMDD to a vehicle because it is difficult to achieve an SMDD with optimal stiffness and damping coefficient. This paper presents a new dualmode dynamic damper (DMDD) for the further reduction of vibration due to the second resonance. The stiffness and damping coefficient of the DMDD are changed according to the rotating angle of the drive shaft. The vibration reduction effect of the SMDD is constant at the positions of all rotating angles of a drive shaft; however, that of the DMDD is different at the position of every rotating angle of the drive shaft. In this study, the vibration reduction performance of the DMDD is compared with that of the SMDD. Finally, the DMDD is applied to the drive shaft of a passenger car, and its effect on vibration reduction is confirmed in a vehicle test.