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정상민 한국민사소송법학회 2024 민사소송 Vol.28 No.1
In terms of history, it couldn’t be denied that the three type of lawsuit(coercive-, declaratory-, constitutive remedy) were recognized as independent needs in the development process of Civil Procedure, and current practice is also based on the independence between types. However, the theory that a declaratory remedy is a basic form of all lawsuits is theoretically valid to some extent in that all three types of the above lawsuit confirm the existence of rights and that the effect of the judgment has res judicata. Although modern and general confirmation litigation was established in Germany in the 19th century, its origins go back to Roman law, and it is a system that has developed in line with the needs of the times. In addition, it is necessary to take into account that in modern society, a declaratory remedy can play more diverse functions and roles in the conflict between various values and interests and the relief of the parties' rights. As such, if a declaratory remedy is a product of historical development, there is a need to develop and transform it to suit the needs of modern society. In seeking to expand the scope of relief for the parties' rights and at the same time rationalize the procedure, it is necessary to actively consider that a declaratory remedy is the basic or prototype of all lawsuit. Accordingly, in cases where it is more appropriate to resolve disputes, the responsibility and role of implementation shall be divided and supplemented or replaced. In designing more effective remedies in modern litigation, it is considered desirable to actively utilize the confirmation action as the basic or first step procedure.
Xenopus laevis ooctes에서 진세노사이드에 의하여 활성화되는 Ca2+-activated C1- 이온 통로의 유전자 클로닝, 조직 분포 및 채널 특성
정상민,이준호,윤인수,나승열 고려인삼학회 2005 Journal of Ginseng Research Vol.29 No.4
The Ca2+-activated chloride channel (CLCA) was activated by ginseng total saponin (GTS) in Xenopusoocytes. The reverse transcription PCR (RT-PCR) method was performed with gene specific primers on oocytes. Theogy to the mouse CLCA. Full length of cDNA sequence was completed by linkage of several 5' and 3'-half cDNA frag-ments have been sequenced. We named the full cDNA to oCLCA transiently. The oCLCA gene encodes a protein of 91amino acids with 48.9% identity overall to that of mouse CLCA (mCLCA4). A predicted oCLCA amino acids sequenceshows the molecular weight of 108 kDa and has four or more transmembrane domains, and also the one hydrophobic C-terminal domain. oCLCA gene was expressed ubiquitously in various tissues included oocytes, also interfered in oocytesby siRNA for oCLCA. Here, we suggest that oCLCA is a endogenous chloride channel gene in oocytes. We are studyingfor the identification of oCLCA gene and further physiological research.
정상민,이준호,윤인수,나승열,Jeong, Sang-Min,Lee, Jun-Ho,Yoon, In-Soo,Nah, Seung-Yeol 고려인삼학회 2005 Journal of Ginseng Research Vol.29 No.4
The $Ca^{2+}-activated$ chloride channel (CLCA) was activated by ginseng total saponin (GTS) in Xenopus oocytes. The reverse transcription PCR (RT-PCR) method was performed with gene specific primers on oocytes. The gene specific primers were deduced from spleen cDNA in expressed sequence tags (EST) database showing high homology to the mouse CLCA. Full length of cDNA sequence was completed by linkage of several 5' and 3'-half cDNA fragments have been sequenced. We named the full cDNA to oCLCA transiently. The oCLCA gene encodes a protein of 911 amino acids with $48.9\%$ identity overall to that of mouse CLCA (mCLCA4). A predicted oCLCA amino acids sequence shows the molecular weight of 108 kDa and has four or more transmembrane domains, and also the one hydrophobic Cterminal domain. oCLCA gene was expressed ubiquitously in various tissues included oocytes, also interfered in oocytes by siRNA for oCLCA. Here, we suggest that oCLCA is a endogenous chloride channel gene in oocytes. We are studying for the identification of oCLCA gene and further physiological research.
정상민,최재성,이종학,민동찬 한국도로학회 2017 한국도로학회논문집 Vol.19 No.1
PURPOSES : Because elderly drivers are more prone to becoming confused when approaching an urban intersection and thus may yield prolong judgment and decision times than non-elderly drivers, to increase the comfort and safety of the intersection environment for elderly drivers, this study applied autonomous driving tests at an urban intersection to examine their driving characteristics. METHODS: To obtain a more comprehensive understanding of driving features, this study collected drive data of non-elderly drivers and elderly drivers via an autonomous experiment using OBD2 and an eye-tracker, in addition to performing a literature review on the measured visibility range of elderly drivers at intersections. This literature review was conducted considering the general knowledge of elderly drivers having relatively reduced visibility. Additionally, as they are commonly more vulnerable, this study analyzes characteristics of elderly drivers as compared to those of non-elderly drivers. CONCLUSIONS: The results of this study can be summarized as follows: 1) the peripheral visible distance of elderly drivers is reduced as compared to that of non-elderly drivers; 2) elderly drivers approach and proceed through intersections at slower speeds than non-elderly drivers; and 3) elderly drivers yield increased driving distances when performing a right or left turn as compared to non-elderly drivers as a result of their reduced speed and acceleration and larger turning radii relative to non-elderly drivers.
기업의 내부조사와 변호사의 비밀유지권 - 독일연방헌법재판소의 폭스바겐-존스데이 결정을 중심으로 -
정상민 대한변호사협회 2023 人權과 正義 : 大韓辯護士協會誌 Vol.- No.514
Corporate internal investigations refers to all investigations that a company conducts voluntarily, autonomously, and unofficially to discover and correct illegal matters. It is also an activity that needs to be carried out by lawyers. However, due to a lack of understanding of the internal investigation, investigative or administrative agencies confiscate or arbitrarily submit data or reports discovered during the internal investigation process, and then use them as a basis for criminal punishment or administrative sanctions. Accordingly, as a result of comparing and examining the Volkswagen-Johnsday decision of Germany and the Upjohn judgement of the United States, which related to internal investigations of companies, it is concluded that guaranteeing the Attorney-Client-Privilege is indispensable in order to strengthen corporate compliance management. Therefore, as a fundamental solution to this situation, special legislation is proposed, such as guaranteeing ACP and prohibiting the use of evidence for data discovered in internal investigation or prepared by a lawyer. 기업의 내부조사는 기업이 위법사항을 발견하고 이를 시정하고자 임의적·자율적·비공식적으로 실시하는 조사행위 일체를 의미하는바, 준법경영을 위해 꼭 필요한 조치이고, 사실관계 규명 및 그에 대한 법률 판단을 요체로 하는 점에서 법률가에 의하여 수행될 필요가 있는 활동이기도 하다. 그런데 기업의 내부조사에 대한 몰이해로 수사기관이나 행정기관은 내부조사 과정에서 현출된 자료나 보고서를 그대로 압수하거나 임의로 제출받아 간 다음 이를 형사처벌이나 행정상 제재의 근거로 사용하고 있어 오히려 기업의 준법감시나 준법경영의 의지가 저해되는 역설적인 상황이 발생하고 있다. 이에 기업의 내부조사에 관한 독일 폭스바겐-존스데이 결정과 미국의 업존 판결을 고찰하여 본 결과, 기업의 준법경영을 강화하기 위하여는 변호사의 비밀유지권 보장이 꼭 필요하다는 결론에 도달하였다. 따라서 위 문제 상황에 대한 근본적인 해결책으로 변호사의 비밀유지권의 보장과 함께 기업의 내부조사를 수행하면서 변호사가 작성한 자료에 대한 증거사용 금지 등 특별입법이 바람직하다.
차량시뮬레이터를 활용한 도로기하구조 조건별 CO2 산정 연구
정상민,이종학,최재성,김종민,노관섭 한국도로학회 2014 한국도로학회논문집 Vol.16 No.6
PURPOSES: This study devotes its energies to estimate greenhouse gas emissions for types of horizontal highway designs. METHODS: This paper suggested two types of road scenarios, scenario 1 is made by the lack of road design consistency. Beside scenario 1,scenario 2 is made by good road design. For comparisons of greenhouse gas emissions, driving simulator was used. RESULTS: Emission rates of road scenario 1 are 1.4 times higher than scenario 2 in the driving simulator. CONCLUSIONS : This study may have important implications for contributing to the application of road alignment technology forreduction of greenhouse gases as quantifying the correlations between greenhouse emissions and various road alignments. Consequently, thisstudy will help road designers determine which roads are best alternatives in the process of choosing the roads in the future in terms ofenvironmental benefits.