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      • KCI등재

        프랑스법상 불법행위(不法行爲)의 직접적(直接的) 대상(對象)이 아닌 제(第)3자(者)에게 파급한 손해(損害)의 배상(賠償)

        곽민희 ( Gwak Min-Hui ) 한국외국어대학교 법학연구소 2011 외법논집 Vol.35 No.3

        In tort, when one person causes harm of any kind to another person-whether it is personal injury, or damage to property, or financial loss-the normal remedy which the law gives is a right to recover damages. Furthermore, we may think of the case as following. There are many examples that we can think as the case of indirect victims. For example, it can be considered that workers lost the capacity to work or are dead after being in a car accident. In this case, he cannot support to the wife or child in his family, futhermore, in the workplace he is not able to provide work to his employer. In such matters, the wife and children who did not receive his support or the employer who did not receive his work are the indirect victims. More specifically, the injured man′s employer may loss his work, or his wife or children may give up her work to nurse him. In other words, indirect victim(secondary victim) could be described as the man who is not a direct target of aggression and suffered loss for torts. Where one person sustain loss or incurs expense, as the result of injury to another, do he has in general right of action? This is the main topic in this thesis. For this problem, the following two approach exist. One is the approach that regard the matter of indirect victim as the matter of scope of damages, such as causation. The other is the approach that regard the matter of indirect victim as the examination of negligence whether there is the violation of duty of care. But as the interpretation of Korean Civil law, it has no meaning the conflict of two approach. Because this matter is finally brought to a conclusion the matter of the interpretation of ″foreseeability″ as the factor of causation or negligence. Because the question is whether the neglect of the duty was a cause of the injury in proper sense of that term, and causation, as well as duty, often depends on what you should foresee. The chain of causation is broken when there is action which we could not reasonably be expected to foresee. It seems to me that they are simply two different ways of looking at one and the same problem. Starting with the proposition that a negligence person should be liable, within reason, for the consequences of his conduct, the extent of his liability is to be found by asking the one question. Is the consequence fairly to be regarded as within the risk created by the negligence? If so, negligent person is liable for the damage of indirect victim. But otherwise not. Nevertheless, it is not always we come to the same conclusion. They can be determined by applying common sense, policy or national sentiment to the facts of each particular case. I think the courts should consider the particular relationships of those concerned in the particular circumstances and se whether, as a matter of policy, the damage of indirect victim should be recovered.

      • KCI등재

        18~19세기 서울 남촌(南村) 남고시사(楠皐詩社)의 형성과 활동

        진민희 ( Jin¸ Min-hui ) 한국한문학회 2021 韓國漢文學硏究 Vol.- No.83

        서울 전역에서 열린 다양한 詩會의 양상은 여러 선행 연구들을 통해 꾸준히 밝혀지고 있다. 그러나 서울 남촌지역의 詩社는 도성 내 다른 지역 시사에 비하여 심도 있는 고찰이 이뤄지지 못했고 이마저도 주로 19세기 후반기 시사에 집중되었다. 이에 본고는 조선 후기 남촌의 전반적 풍경을 먼저 설명한 후, 18세기 후반에서 19세기 전반에 걸쳐 활동한 楠皐詩社를 발굴해 조명했다. 남고시사 연구는 19세기 문학사와 서울 문화사의 일면을 확인할 수 있는 방안이 되리라 기대한다. 남고시사는 18세기 후반, 심능숙의 부친인 沈允之 대부터 南皐, 혹은 南園이라 불리는 好賢坊(會賢坊) 小公洞 저택에서 시작되었다. 심윤지 대의 시회는 서울 남촌의 지역성을 강조하는 ‘南皐詩社’로 칭해졌다. 남고시사가 결성된 시기의 주요 참여자는 權常愼ㆍ金相任ㆍ金相休ㆍ洪漪ㆍ李嶾[李平凉] 등이었다. 19세기에 이르러 심능숙이 南皐詩社를 계승하여 집회 장소를 ‘楠皐’로 개칭하고 시회의 규모를 더욱 확장ㆍ발전시켰다. ‘楠’자는 심능숙에 의해 사용된 것이므로, 당대 문인들역시 심윤지 대의 시사와 구분하여 ‘楠皐詩社’로 명하였다. 심능숙은 당세에 이름난 시인이면서 악곡ㆍ연주ㆍ작사 등의 음악적 재능, 화훼에 대한 애호, 『參同契』와 같은 선가 지향적 취향, 奇人에 대한 동경, 야담과 소설 창작 등 당대에 유행한 문화적 현상을 선두에서 이끄는 인물이었다. 楠皐詩社의 전성기에는 權復仁ㆍ李載毅ㆍ金箕黙ㆍ金箕書ㆍ鄭世翼ㆍ趙寅永ㆍ趙徹永ㆍ李明五 등의 대표적 문사들이 대거 참여하였다. 시사 말기에는 徐有英ㆍ李晩用ㆍ金魯謙ㆍ宋祥來 등 19세기 한국학계가 주목하는 문인들이 활동했다. 남고시사는 청송 심씨 후손에게 직접 계승되지 못하였으므로 심능숙사후에는 자연적으로 해체될 수밖에 없었다. 그러나 기존 남고시사의 동인이었던 서유영ㆍ홍한주ㆍ이만용ㆍ송주헌ㆍ홍재봉 등이 새로 ‘南社’를 열어 모임을 이어나갔다. The aspects of various poetry clubs held throughout Seoul have been constantly revealed through prior studies. However, the poetry clubs in Namchon(南村), Seoul were not studied in depth compared to other poetry clubs in Seoul, and even this was mainly concentrated on the poetry clubs in the late 19th century. This paper first describes the overall landscape of Namchon in the late Joseon Dynasty, and then deals with the Namgopoetry club(楠皐詩社), which was active throughout the late 18th and 19th centuries. It is hoped that the research of the Namgo-poetry club will be a way to understand the aspects of 19th-century literature history and Seoul's cultural history. Namgo-poetry club began in the late 18th century at the Hohyeonbang(好賢坊) Sogongdong Mansion called Namgo(南皐) or Namwon(南園) from Shim Yun-Ji, Shim Neung-sook's father. Shim Yun-ji's poetry club was called ‘Namgo-poetry club(南皐詩社)’, which emphasized the locality of Namchon(南村) in Seoul. The main participants of the time when the 南皐詩社 was formed were Kwon Sang-shin, Kim Sang-im, Kim Sang-hyu, HongUi, and Yi Eun[Lee Paerang-e]. In the 19th century, Shim Neung-sook succeeded the 南皐詩社 and renamed it 楠皐詩社, further expanding the size of it and developing it. Since ‘楠’ was used by Shim Neung-sook, writers of the time called it 楠皐詩社 distinguished from Shim Yun-ji's poetry club. Shim Neung-sook was a renowned poet and leading the cultural phenomenon that was popular in the 19th century, including musical talent such as playing music and writing music, fondness for flowers, the taste of taoist ideology such as 『ChamDongGye(『參同契』)』, yearning for a hermit(奇人), and creation of stories and novels. During its heyday, many representative writers such as Kwon Bok-in, Lee Jae-ui, Kim Ki-mook, Kim Ki-seo, Jung Se-ik, Jo In-young, Cho Chul-young, and Lee Myung-oh participated in the club. In the later period, writers who received attention in 19th-century Korean studies such as Seo Yoo-young, Lee Man-yong, Kim No-kyum, and Song Sang-rae were active. Since the 楠皐詩社 was not directly inherited by the descendants of Cheongsong Shim, it was forced to disband naturally after the death of Shim Neung-sook. However, Seo Yoo-young, Hong Han-ju, Lee Man-yong, Song Ju-heon and Hong Jae-bong, who were participants of the 楠皐詩社, held a ‘Namsa(南社)’, a new poetry club. The fact that many of the key writers in southern Seoul in the late 19th century were from the 楠皐詩社 is also a good example of the influence of it in the 19th century literary history.

      • KCI등재

        Physicochemical properties of mixed micelles composed of chitosan–cinnamic acid conjugate and Pluronic F127-cinnamic acid conjugate

        MinHui Wang,김진철 한국공업화학회 2015 Journal of Industrial and Engineering Chemistry Vol.23 No.-

        Chitosan–cinnamic acid conjugate (Chi–CA) and Pluronic F127–cinnamic acid conjugate (Plu–CA) were synthesized for the preparation of mixed micelles. The mixtures of Chi–CA and Plu–CA in the molar ratio of 0.25:1, 0.5:1 and 1:1 were well interface-active. The dimerization degree was in the order of Plu–CA > Chi–CA > free CA. Plu–CA/Chi–CA mixed micelles were circular on TEM, and their mean diameter appreciably decreased when the temperature increased, possibly due to the thermally induced hydrophobic interaction of Plu chains. The temperature-sensitivity was lower when the Chi–CA content was higher. Dry Plu–CA micelles and Plu–CA/Chi–CA mixed micelles exhibited the similar endothermic peak.

      • KCI우수등재

        Measurement of Porosity by EPMA-EDS Image Processing

        Hung, Minhui,Li, Xiangting,Xia, Jiyu,Ding, Chuanxian The Korean Vacuum Society 1997 Applied Science and Convergence Technology Vol.6 No.1

        Porosity is one important characteristic feature and structural index of sprayed coatings. A method of measurement of porosity, EPMA-EDS image processing is developed in the paper. The characteristics of pores can be determined by processing of the image obtained from an electron microscope via VISTA, Not only the porosity can be presented but also the statistical result of pore size distribution. Finally it can be drawn from this paper that EPMA-EDS is a quite effective method to completely characterize the pores in plasma sprayed coatings.

      • Principles of Child Welfare, Legal Basis of Immigrant Child Education Rights

        ( Gwak Minhui ) 건국대학교 이주사회통합연구소 2018 Journal of Migration and Social Integration (JMSI) Vol.3 No.1

        As the Convention on the Rights of the Child specifies, the principle of child’s welfare or the best interests of the child is not only judicial, but also the public, it is a fundamental principle that should be considered in all policy and legislative activities. An important recommendation from the United Nations Commission on the Rights of the Child on the report on the implementation of the Convention on the Rights of the Child to which Korea is a member is to promptly enact anti-discrimination legislation in full compliance with Article 2 of the Convention on the Elimination of Discrimination, And to take all necessary measures to eradicate and prevent attitudes. Vulnerable groups and minority children, ie, multicultural or migrant labor families, refugee families, children from refugee families, and children with disabilities and single mothers. Among them, the UN Committee on the Rights of the Child, concerned about the lack of specific provisions for the welfare and rights of foreign children, especially children of illegal migrant workers, concerning education and social welfare laws, It was recommended that the following measures be taken. In other words, it is necessary to include specific provisions that ensure that all ‘foreign children’, including children of illegal migrant workers, receive the same benefits as ‘children of the people’, and among other things, and to consider the ratification of the 1990 Convention on the rights of migrant workers and their families. As such, the most important issue in relation to the protection of the current migrant child is the issue of the right to education of the child. Therefore, this paper focuses on the legal basis of education rights for children living in Korea, especially the current immigrant children, considering the human rights of the migrant child and the best interests of the child. However, there are many policy difficulties in discussing the rights of education and right to health of immigrant children, not only in terms of legal and theoretical aspects, but also in the discussion on the imbalance of foreign policy and social security in Korea. Therefore, this paper points out the problems of the current policy on education rights for immigrant children and based on this, I will make some suggestions about the right policy direction in the future. In other words, it examines the strengthening accessibility of public education for migrant children, immigration policy for immigrant children, immigration policies for parents, guaranteeing the rights of children left behind and introduction of public guardianship system. (kitposi@sookmyung.ac.kr)

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