조선주자학(朝鮮朱子學)과 조선실학(朝鮮實學)

조성을(Cho, Sung_Eul) 연세대학교 강진다산실학연구원 2014 다산과현대 Vol.7 No.-

Between Korean NeoConfucianism and Korean NeoNeoConfucianism is the Continuity and Discontinuity. These two thoughts were composed with three respects, namely Philological Research on Confucian Classics, Philosophy and Social Thought. At first the differences between two thoughts were not big but gradually the gaps were enlarged and in the end the thoughts became completely different in the abovementioned three respects. First, in the respect of Philological Research on Confucian Classics, on the one hand Korean Neo-Neo-Confucianism, partially influenced by Korean Neo-Confucianism, formed its own interpretation systems in the end. Secondly, in the respect of Philosophy Korean Neo-Neo-Confucianism became completely different from that of Korean Neo-Confucianism in the fact that the former is dualism but the latter is monism. Thirdly, in the respect of Social thought Korean Neo-Confucian Social thought was based on the landownership and status system. However Korean Neo-Neo-Confucianism wanted the lift of status system and landownership. Thus in character the latter tried to maintain Korean Medieval Society but the former wished to build up the new equal world, even though the new one is different from modern western one.

금전에 있어서는 점유와 소유가 일치한다는 학설의 기원

서을오 梨花女子大學校 法學硏究所 2016 法學論集 Vol.21 No.2

통설에 따르면, 금전은 동산이기는 하지만 물건이라기보다는 가치의 표상이므로, 금전을 점유한 자는 곧바로 소유권을 취득하게 된다. 따라서 금전의 반환 문제도 항상 부당이득 반환청구에 의할 것이지, 소유물 반환청구는 적용되지 않는다. 이러한 우리 학계의 통설은 일본의 통설인 스에카와·가와시마(末川･川島)의 학설을 받아들인 것이고, 이것은 다시 독일의 막스 카저(Max Kaser)의 학설을 수입한 것이었다. 이 논문의 목적은 카저의 견해를 선의취득의 학설사의 관점에서 평가하고, 그의 견해가 1930년대 이후 독일에서 퇴출된 이유를 해명하는 것이다. 로마법은 사용취득이든 장기간의 취득시효에 있어서든, 금전의 시효취득을 특별히 우대하지 않았고 금전을 다른 동산과 똑같이 취급했다. 금전의 혼화와 소비에 있어서는 원소유자의 소유물 반환청구가 부인되고 부당이득 반환청구만이 인정되었지만, 이것은 카저의 견해처럼 금전의 점유자가 곧바로 그 소유권을 취득해서가 아니라, 그 물건 자체가 더 이상 존재하지 않는 것으로 파악됨으로써 소유물 반환청구의 요건이 갖추어지지 않았기 때문이었다. 선의취득 제도의 역사적 발전을 살펴보면 그 어떤 경우에도 카저의 견해와 같이 취득자의 선의 여부 등을 고려하지도 않고 금전의 점유만 취득하면 즉시 소유권 취득을 인정하는 예는 없었다. 또한 금전의 유통성을 특히 보호하는 근대의 입법들의 경우에도, 금전의 경우에는 그것이 도품･유실물인 경우에도 선의취득을 인정한다는 내용일 뿐, 카저의 견해처럼 금전의 경우에는 아예 선의취득이 문제되지 않는다는 입장을 취한 예는 결코 없었다. 본고장인 독일과 유럽에서는 퇴출된 카저의 견해가 오로지 일본과 한국에서만 통설의 지위를 누려온 것은 그것이 입법의 불비를 해결하는 간편한 방법이었기 때문이다. 그러나 이것은 어떤 학설이 등장하게 된 역사적 맥락에 대한 충분한 고려 없이, 그 결론만을 가져다 쓰는 태도에 따르는 위험성을 보여주는 좋은 예이다. It is commonly accepted that the possession of money is equal to it's ownership because the money is not a kind of goods, but a symbol for value. This opinion is derived from Japanese common opinion and from the view of Max Kaser. This paper aims to evaluate the validity of Kaser's view in view of dogmatic history of bona fide possession. The Roman law established the principle of absolute ownership. Therefore it had to cope with the needs of commercial security by usucapio and longi temporis praescriptio. The Romans treated the money specially in many aspects. But they did not regard it exclusively as a symbol of value. The german principle of "Hand wahre Hand" made some contributions to developments of bona fide possession. Nevertheless it's history shows no sign of regarding money solely as value symbol. The European codifications since 18th century also indicate the same result that the Roman tradition about money has not changed in it's essence. Max Kaser invented his view in the era of German Nazzis. However his view was totally rejected by most of German scholars because his view was too extreme. Only the Japanese and Korean scholars fully accepted his theory about money, which can only be explained as an example of inadequate acceptance of foreign theory neglecting its historical backgrounds.

로마법상의 선관주의의무

서을오 梨花女子大學校 法學硏究所 2018 法學論集 Vol.22 No.4

It is commonly accepted that the possession of money is equal to it's ownership because the money is not a kind of goods, but a symbol for value. It is commonly held that “the care by the good manager” is defined as “the general principle of the duty of care in the civil law” to “the degree of care required for the average person in trades”. In the end, the duty of care is one of the important examples of the modern principle of fault responsibility. It is also generally accepted that the duty of care in the current law goes through the Japanese Civil Law and the French Civil Law and ultimately to the duty of care by “diligens et bonus pater familias” of the Roman law. The goal of this article is to show in what way and in what ways the “good manager” in our civil law is different from the “bonus pater familias” in Roman law. In order to do so, this article first examines the historical process in which not the notion of bonus pater familias, but the concept of culpa and dolus, is formed in the Roman law. Then, we look at specific cases of the duty of care in the Roman law according to individual contract types. In conclusion, the duty of care in the present law obviously derives from the Roman term “the duty of a good paterfamilias”. However there is a big difference in the meaning of both. The term “the duty of a good paterfamilias” is only one of the terms used and developed by the Roman lawyers in relation to the relationship of culpa and dolus. The former term itself never expresses the whole of Rome's legal reasoning. The identification of the two is perhaps a result of uncritically projecting the conceptual legal thought of the current law into the Roman law. 통설은 ‘선량한 관리자의 주의’를 “거래상 일반적으로 평균인에게 요구되는 정도의 주의”로, 즉 민법상의 주의의무의 일반적인 원칙을 규정한 것으로 이해한다. 결국 선관주의 의무는 근대적 과실책임의 원칙이 표현된 중요한 예의 하나라고 볼 수 있다. 그런데 현행법의 선관주의 의무가 일본 민법과 프랑스 민법을 거쳐서, 결국 로마법상의 ‘주의 깊고 선량한 가장(diligens et bonus pater familias)이 기울이는 주의’에 기원한다는 것은 일반적으로 인정되고 있다. 이 글의 목표는 우리 민법상의 ‘선량한 관리자’가 로마법상의 ‘선량한 가장’과 어떤 면에서 동일하고 어떤 면에서 차이가 있는지를 보여주는 것이다. 그러기 위해서 이 글은, 로마법상의 ‘선량한 가장의 주의’라는 개념 그 자체가 아니라, 그것을 포함하고 있는 보다 상위 개념인 유책사유(culpa, dolus)가 로마법 속에서 형성되는 역사적 과정을 먼저 살펴본다. 이어서, 로마법상의 유책사유가 개별 계약 유형에 있어서 구체적으로 어떤 모습으로 나타났는지를 살펴본다. 결론적으로, 현행법의 선관주의의무는 분명히 로마법의 ‘선량한 가장의 주의의무’라는 용어로부터 유래한다고 할 수 있겠지만, 양자의 의미에는 큰 차이가 있다. ‘ 선량한 가장의 주의의무’는 로마 법률가들이 유책사유와 관련하여 사용하고 발전시킨 용어들 중의 하나일뿐이지, 결코 그것은 로마법에서 형성된 유책사유 법리의 전체를 표현하지 못한다. 양자를 동일시하는 것은, 현행법학의 개념법학적 사고를 로마법에 무비판적으로 투영한 결과가 아닌가 한다.

노인의료보장제도에 관한 연구

오을임,김보금 朝鮮大學校 社會科學硏究所 2006 社會科學硏究 Vol.27 No.1

산정호소에서의 수질동향

김을환 서울보건대학 1995 서울보건대학 부설 한국보건과학연구소 논문집 Vol.2 No.1

On this study the quality of water in the San-Jung lake was analyzed. The collection of the samples was performed in June 1994 by the Hyroth sampler at the upper, middle, lower strata of 5points selected in the San-Jung lake. The sample analysis was carried out was on the spot and in the laboratory. The result of this study was as follows ; 1. The saturation degrees of DO in the sample of upper stratum were 95.3∼100.7%, middle stratum 38.5∼96.1%, lower stratum 31.1∼92.0% respectively, whereas at the points S_(1), S_(2), S_(5), where each of the depth of water were specially deep, the saturation degrees of DO at the lower stratum(the nutrition decomposition stratum) were 30.1~33.1%. 2. TSI(SD) was 48.58, which meant that the trophic state was mesotrophic. 3. TSI (SD) was 74.26, which meant that the trophic state was eutrophic. 4. TSI(T-P) was 59.77, which meant that the trophic state was eutrophic. 5. The water quality condition in the San-Jung lake, due to the revised standard index of Carlson, was at the state of eutrophic.

청소년의 레크리에이션활동 참여정도와 도덕성 및 사회적 관계에 관한 연구

김을교,구본행 명지대학교 예체능연구소 2002 藝體能論集 Vol.13 No.-

The objective of this study is to investigate adolescents’ morality and social relationship which can be acquired by taking part in the recreation activity, and also to find out the effect of the participation rate on the morality and social relationship. The objects of the research are middle school and high school students dwelling in Seoul and Kyeongkido now, and I intentionally choose 558 students with a random sampling considering the sex, the grade, and the proportion of the participation rate, level, and pattern in the recreation activity. As the results of investigating the materials for research in accordance with the plan and objective of this study, I come to the following conclusions. 1) Morality and Social Relationships of Adolescents According to the Socio-Populational Background On the basis of the five-level measure of Likert, the soundness is high, the responsibility, the honesty, and the trust medium, and the law-abiding spirit low, which belong to the subordinate change cause of the morality. With the consideration of the sex, the soundness of boys is higher than that of girls, while the trust of girls is higher than that of boys. And judging from the religion, religious students are more responsible and sound. Judging from the subordinate change cause of the social relationship, the social support rate is medium, and moreover the contact range, frequency, and intimacy are low level. On the scholastic level, the social support rate of middle school students is higher than that of high school students. 2) Morality and Social Relationship by Participation Range, Level, and Pattern in the Recreation Activity With due regard to the intensity of the participation, the group of ‘More than three hours’ shows more responsibility and trust, while the soundness appears higher in the group of ‘Two to three hours’. Besides, the honesty is found higher in the group of ‘One to two hours’. In relation to the participation frequency, the group of ‘Two to three a month’ shows higher responsibility, soundness, honesty, and trust, but the law-abiding spirit is higher in the group of ‘Four to five a month’. On the participation period, the responsibility can be seen higher in the group of ‘More than two years’, the soundness and honesty the group of ‘Six months to one year’, the trust the group of ‘Less than six months’. In addition, in connection with the participation level, the non-systematic group shows more contact range than the systematic group. Meanwhile, on the analysis of the participation pattern, the honesty of the physical participation group is higher than that of the sightseeing group, and the intellectual, tasteful, and social participation group show higher trust comparing to the sightseeing group. And the contact range level is higher in the physical, tasteful, and sightseeing group in comparison with the intellectual, social, and entertaining group. 3) Interrelation among the Subordinate Change Causes of Participation Rate, Morality, and Social Relationship The participation intensity, which is the subordinate change cause of the participation rate, has a positive interrelation with the responsibility, and a negative interrelation with the soundness, honesty, and trust. And the participation frequency shows a positive interrelation with the responsibility, but has a negative interrelation with the soundness, honesty, trust, and contact range. Furthermore, the participation period has a positive interrelation with the responsibility, but a negative interrelation with the honesty and trust. Meanwhile, the social support and contact frequency, which is the subordinate change cause of the social relationship, shows a positive interrelation with the law-abiding spirit, while the intimacy has a negative interrelation with the law-abiding spirit. 4) Effect of Participation Rate on Morality The participation intensity influences on the responsibility positively, while it has a negative effect on the soundness, honesty, and trust. And the participation period has a positive influence on the responsibility, but it affects the trust and honesty negatively. The participation frequency influences on the soundness and trust positively. 5) Effect of Participation Rate on Social Relation The participation frequency, which is the subordinate change cause of the participation rate, has a negative influence on the contact range, while the participation period influences on it positively. 6) Effect of Morality on Social Relationship The law-abiding spirit influences on the social support and contact frequency positively, but the contact range and intimacy negatively. And the soundness has a positive influence on the social support, while the honesty shows a negative effect on it.

成人 男女의 身體適性 要因 測定에 따른 分析

김을교 명지대학교 예체능연구소 1996 藝體能論集 Vol.7 No.-

This is a study to varify unique factors of physical fitness for adults. Especially, gender and age differences were considered as an independent variable to influence subject's physical fitness factors such as muscular strength, expolsive power, agility, balance, and flexiblity. Sbjects of this study were 297 adults, including 167 males and 130 females, who were voluntally participated in this study. The subject's age range was from 30 to 68. For the purpose of this study, muscle strength was measured by the test of grip and abdomal strength. The sergent jump was measured to assess expolsive power. The reaction time was measured to assess the agility. The one-leg-standing test was used to measure the balance. And the flexibility was estimated by the bending trunk. Results of this study indicates that both of the muscle strength and the balance was decreased by increasing age. Especially, the muscle strength of 50's subjects demonstrates significant decreasing rate to compare with another age groups. However, there are no significant differences between male and female in the decreasing rate of muscle strength. In the sargent jump test, 50's male subjects demonstrate significant decreasion of the explosive power. On the other hand, 30's females present die most significant reduction of the explosive power. However, the 40's male subjects and 50's female subjects present most significant decreasing rate in the flexbility test. By following increaing age, die reaction time of the female subjects were more increased than the increasing rate of the male subjects. The result indicates that the agility of the female is more repidly decreased than that of the male.

지식전파의 효율화를 위한 지식 중심의 정보기술환경 구축전략

오을임,박희서,김규 조선대학교 지역사회발전연구원 2001 地域發展硏究 Vol.6 No.2

상치 Phenolase에 의한 p-Coumaric Acid의 Hydroxylation

김을환,김연호 서울保健大學 1997 論文集 Vol.17 No.1

A phenolase from the leaves of lettuce(Lactuca sativa L.) was purified and some properties of its enzymic hydroxylation were studied. The experimental results are summerized as follows. 1. The lettuce phenolase catalyzes the hydroxylation of p-coumaric acid to caffeic acid in the presence of ascorbate. 2. The enzyme shows catalytic activity as hydroxylase and catechol oxidase in a constant ratio throughout the three stages of purification. 3. Ammonium sulfate and sodium chloride promote the activity of the enzyme; its maximum activity was observed in the 0.5M concentration of both salts. 4. Ascorbate functions as a reductant in quantities equivalent to the caffeic acid produced by hydroxylation. 5. 2-arnino-4-hydroxy-6, 7-dimethy1-5, 6, 7, 8-tetrahydropteridine and NADH can take the place of ascorbate, but caffeic acid can‘t.

무용교육을 통한 사회성 발달에 관한 연구

김을교,안남주 명지대학교 예체능연구소 1999 藝體能論集 Vol.10 No.-

The purpose of this study is to recognize the importance of dancing education and obtain basic data necessary for the normalization of dancing activity by conducting sociality test to the sample of dancing major girl students and general girl student and looking over the differences of sociality development between them. In order to achieve that goal, the Paper verified the characteristic differences of sociality between dancing more student and general students, also to more concretely explre the characteristic differences of sociality of dancing major student, it verified the characteristic differences of sociality of dancing major students per major(Korean dancing. ballet, morden dancing representations. This study took total samples of 197 students consisting of 101 dancing majorgirl students(Korean dancing, ballet, morden dancing) on an art high school in Seoul and 96 general students, and excerpted and used the questionnaire made by Jung, Beom-gu and the desire diagnosis test questionnaire by Hwang, Jung-gyu. It tested the validity and reliability of question items, separately input the collected questionnaires, and analyzed them using the social scientific statistical package, spss, the existing statistical program. As a result of analyzing significance differences of the characteristics of sociality to dancing major girl students and general girl student, major, and participation and non-participation in dancing presentation using variable analysis method. Loneway ANOVA analysis and T-TEST, it reached the following conclusion. 1. Dancing major students showed higher significant differences in achievement item (p<0.05) and responsibility item (p<0.10) than those of general girl students. 2. The characteristics of sociality Per major of dancing major girl students showed significant differences in achievement item and activity item the order of the highest differences in achievement item were ballet, Korean dancing and morden dancing, and that of in activity item was marden dancing, ballet, Korean dancing (p<0.10). 3. In the characteristics of sociality according to participation and non-participation dancing major girl students in representation, the experienced girl students showed more siginificant differences in activity item (p<0.05) and responsibility item (p<0.10) than those of inexperienced girl students.