임원배상책임보험과 정황통지의 해석에 관한 연구

홍장희(Hong, Jang Hee),김지정(Kim, Ji Jeong) 한국보험법학회 2020 보험법연구 Vol.14 No.1

임원배상책임보험은 임원이 제3자로부터 배상청구를 당하여 법상 부담하게 되는 손해를 보험사고로 한다(Claim made policy). 임원배상책임보험약관은 배상청구 제기 사실 통지, 배상청구를 야기할 수 있는 정황통지, 피보험자의 회사에 대한 정보제공과 협조 의무 등을 규정하고 있다. 이와 관련하여 최근 하급심 법원은 배상청구 제기 등 약관상 보험사고가 발생하지 않고 보험금 청구의 선행조건도 이행되지 않은 사안에서 ‘신고 및 통지’ 조항의 일부만을 채택하여 보험금 지급 책임을 인정하였는데 이 사건이 현재 대법원에 계속 중이다. 국내 임원배상책임보험약관이 미국 보험회사의 약관을 그대로 차용하고 있는 점을 감안하여 미국 법원의 판례에 비추어 정황통지의 의미를 살펴보면, 정황통지는 배상청구로 이어질 수 있는 임원의 부당행위에 대한 구체적인 내용을 요구하므로 일반적인 정황만이 기재된 통지로는 불충분하다고 일관되게 판시하고 있다. 우리 대법원은 정황통지를 보험사고 발생통지의 일종이라고 하고, 통지의무조항과 연결된 청구조항이 설명의무의 대상이 된다고 판단한바 있다. 이에 따라 임원배상책임보험약관 해석과 관련하여 새롭게 제기될 수 있는 문제들에 대한 검토가 필요하다. 임원배상책임보험약관(영문본)은 국내법 체계에 비추어 보험계약 당사자의 구체적 권리·의무관계가 불명확할 뿐만 아니라 상법 보험편에 비해 보험관계 당사자에게 불이익한 조항들도 있으나, 기업보험이며 국제적으로 통용되는 약관이라는 특성 때문에 문제해결을 위한 접근이 까다롭다. 이러한 문제점들에 대한 진지한 고민을 바탕으로 임원배상책임보험약관의 전반적인 정비와 공동인수관련 제도개선을 제안하는 바이다. Directors’ and officers’ liability insurance covers losses that directors and officers of companies are legally required to sustain against claims for damages from a third party (Claim-Made Policy). The terms and conditions of directors’ and officers’ liability insurance provide for obligations of the insured to notify claims, notify circumstances that triggered claims, provide information and cooperation regarding the company. In connection with this, a lower court recently recognized the obligation of the insurer to pay insurance money by adopting only part of obligations of the insured to report and notify, despite non-fulfillment of insurance events or conditions precedent to clams of insurance money such as filing of claims in compliance with terms and conditions of the insurance policy, and the case is currently pending on the supreme court. The terms and conditions of directors’ and officers’ liability insurance in Korea are closely following those of U.S. insurers, and precedents of the U.S. courts consistently stipulate that the notification of circumstances must contain detailed description of unfair acts of directors or officers that triggered claims, and thus notifications that only contain general circumstances are not sufficient. On the other hand, the Korean supreme court provides that notification of circumstances is a kind of notification of the occurrence of insurance events, and a provision on claims related to the duty of the insured to notify requires insurance companies to make a clear statement and explanation of terms and conditions of insurance policies for the insured. Hence, various issues that could be raised with regard to interpretation of terms and conditions of directors’ and officers’ liability insurance need to be reviewed. In light of Korea’s legal framework, the English version of directors’ and officers’ liability insurance policy that is currently used in Korea does not provide clearly for the rights and obligations of parties to insurance policies and contains provisions where liabilities can be attributed to its author. However, it is one of business insurances that are internationally applied, thus requiring more careful approach to address issues. Based on consideration of these issues, this research proposes necessity for overall supplementation and modification of current terms and conditions of directors’ and officers’ liability insurance and an improvement of provisions on joint underwriting.

大院君 執政期의 民亂에 대한 研究

洪章熹(Hong Jang-Hee) 경주사학회 1992 경주사학 Vol.11 No.-

뱀장어 근육내 Ryanodine Receptor의 기능 및 면역학적 성질

석정호(Jeong Ho Seok),이연수Yeon Soo Lee),남장현(Jang Hyeon Nam),최숙정(Suk Jeong Choi),홍장희(Jang Hee Hong),이재흔(Jae Heun Lee) 대한약리학회 1995 대한약리학잡지 Vol.31 No.2

To investigate the functional and immunological properties of the Ca-release channel in the sarcoplasmic reticulum(SR) of the eel skeletal muscle, [³H]ryanodine binding, SDS gel electrophoresis, ⁴⁵Ca release studies, and immunoblot assay were carried out in the SR of the eel skeletal muscle. Maximal binding sites(Bmax) and K_D values of [³H]ryanodine for Ca-release channel of the SR of the eel skeletal muscle were 19.44 ± 1.40 pmole/mg protein and 15.55 ± 1.69 nM, respectively. [³H]Ryanodine binding to RyR was increased by calcium and AMP. The SR of the eel skeletal muscle has two high molecular weight bands on the SDS PAGE. The mobility of upper band was more slower than the single band of the rabbit skeletal muscle, and that of the lower band was similar with the single band of canine cardiac muscle. Vesicular ⁴⁵Ca-release was activated by calcium. Ca-induced ⁴⁵Ca-release was significantly inhibited by MgCl₂(2 mM), ruthenium red(10 μM) or tetracaine(1 mM), but not by high concentration of calcium itself. AMP-induced ⁴⁵Ca-release was slightly occurred only in the absence of calcium, it was not inhibited by MgCl₂ or ruthenium red. Caffeine also increased ⁴⁵Ca-release from the SR vesicles, but it was not affected by MgCl₂ or ruthenium red. Polyclonal Ab against rat skeletal muscle RyR is reacted with that of rabbit, but not reacted with that of the eel skeletal muscle. These results suggested that ryanodine receptor of the SR of the eel skeletal muscle is showing some similar properties with that of mammalian skeletal muscle, but might be an another isotype channel having two bands which is less sensitive to AMP, not cross-reacted with antisera against rat RyR, and not inhibited by high concentration of calcium.

프랙털 구조를 이용한 디지털 TV 수신용 로그주기 다이폴 안테나

유태훈(Tae Hoon Yoo),김태형(Tae-Hyung Kim),이창신(Chang-Shin Lee),홍장희(Jang-Hee Hong) 한국통신학회 2012 韓國通信學會論文誌 Vol.37 No.3

경주마 관절질환의 조기 진단을 위한 생화학적 연구

배종환(Jong Hwan Bae),유영춘(Yung Choon Yoo),홍장희(Jang Hee Hong),문은호(Eunho L. Moon),송경식(Kyung Sik Song),이경복(Kyung Bok Lee) 한국실험동물학회 2004 Laboratory Animal Research Vol.20 No.1

A modification of a colorimetric assay was used to determine the concentration of total and individual sulfated-glycosaminoglycan (GAG) in equine synovial fluid and serum with joint disease. For the identification of enzymatic active products of the equine synovial fluid, strong anion exchange-high performance liquid chromatography (SAX-HPLC) was performed. By the action of chondroitin ABC lyase, three unsaturated disaccharides, 2-acetamide-2-deoxy-3-O-(β-D-gluco-4-enepyranosyluronic acid)-D-galactose (△Di-COS), 2-acetamide-2- deoxy-3-O-(β-D-gluco-4-enepyranosyluronic acid)-6-O-sulfo-D-galactose (△Di-C6S), and 2-acetamide-2-deoxy-3-O-(β-D-gluco-4-enepyranosyluronic acid)-4-O-sulfo-D-galactose (△Di-C4S), were produced from the equine synovial fluid. Total GAG concentration of the equine synovial fluid was 0.82± 0.24 ㎎/㎖ (mean±SD) in normal horses, but it was decreased in horses with joint disease (0.17±0.12 ㎎/㎖). The concentration of keratan sulfate (KS), chondroitin sulfate (CS), and hyaluronic acid (HA) were decreased in horses with joint disease. The concentration of serum HA of normal horses was 77.00±66.14 ㎍/㎖, but it was markedly increased in joint diseases (168.50±147.50 ㎍/㎖), There appears to be some correlation between joint inflammation and serum HA levels as determined by experimental studies of animals. Irrespective of the explanation, it is clear that measurement of the level of serum HA may provide a useful marker for monitoring the onset and progression of a number of important diseases and disorders in equine.

인공수정에 대한 윤리적 문제의 고찰 필요성 조사 연구

최정석 ( Jeong Suk Choi ),김건엽 ( Keon Yeop Kim ),홍장희 ( Jang Hee Hong ) 한국의료윤리학회 2005 한국의료윤리학회지 Vol.8 No.2

Purpose : This study was done to identify opinions and attitudes on the bioethical issues related to artificial insemination. Methods : The survey was done directly on medical students(99), professor(18), high school teacher(44), pregnant women(50), adults(151) and indirectly through internet on adults(390). Analysis samples included 752 cases and were analyzed using the SPSS-program for descriptive ststistics. Results : This study investigates social attitudes on the bioethical issues related to artificial insemination. About 69% of respondents agreed that artificial insemination was the proper treatment for infertility. 56% of them regarded donated-egg as a living existence. Therefore they emphasized that the remaininng of donated-egg were donated for other infertilized persons or medical science. Respondents were also worry over the bioethical issues related to artificial insemination. The bioethical issues were mainly related to parental authority, surrogate mother, egg donor, and surplus egg.

종양괴사인자로 유도된 기도 뮤신 생성, 뮤신 유전자 발현 및 NF-κB p65의 핵으로의 이동에 대한 크리신의 영향

신현대(Hyun-Dae Shin),박수현(Su Hyun Park),류지호(Jiho Ryu),무함마드 아사두자만 식더(Md. Asaduzzaman Sikder),이현재(Hyun Jae Lee),석정호(Jeong Ho Seok),이충재(Choong Jae Lee),홍장희(Jang-Hee Hong) 大韓藥學會 2012 약학회지 Vol.56 No.3

Chrysin and chlorogenic acid are natural products derived from Scutellariae Radix and Lonicerae Flos, respectively. We examined whether chrysin and chlorogenic acid affect airway mucin production induced by TNF-α in NCI-H292 cells. Cells were pretreated with each agent for 30 min and then stimulated with TNF-α for 24 h. Of the two compounds, chrysin suppressed airway MUC5AC mucin production. Also, chrysin suppressed MUC5AC mucin gene expression and translocation of NF-κB p65 induced by TNF-α. This result suggests that chrysin can regulate the production and gene expression of mucin induced by TNF-α through the inactivation of NF-κB in airway epithelial cells.

3'-Methyl-4-dimethylaminoazobenzene이 백서의 정상 및 재생간의 EGF Receptor 변동에 미치는 영향

홍장희,허강민,석정호,이재흔 충남대학교 의과대학 지역사회의학연구소 1997 충남의대잡지 Vol.24 No.1

To study the changes of EGF receptors in the rat liver regeneration and hepatic carcinogenesis, ^125I-EGF binding sites were measured in the regenerated liver cell membrane after partial hepatectomy of normal rat and 3-methyl-4-dimethylaminoazobenzene treated rat. 1. EGF binding sites (Bmax) in the normal rat liver cell membrane were 553.8fmole/mg protein and were markedly decreased at the 1st day after partial hepatectomy. These sites were increased at the 3rd day(Bmax-161.0fmole/mg protein) and were 29% of the normal liver EGF binding sites. 2. EGF binding sites (Bmax) in the normal cell membrane of the 3-methyl-4-dimethylaminoazobenzene-treated rat, were 72.8fmole/mg protein and were significantly less than those in the normal rat live cell membrane. At the 1st day after partial hepatectomy, EGF binding sites were markedly decreased and increased at the 3rd day (Bmax=155.8fmole/mg protein). 3. Kd values in EGF receptor binding were not much altered in both liver cell membranes of the normal rat and the 3-methyl-4-dimethylaminoazobenzene treated rat. From these result, it is suggested that decreased EGF binding sites in the liver cell membrane of regenerating rat liver and 3-methyl-4-dimethylaminoazobenzene treated rat may be due to the alteration of EGF receptor number.

골격근 근형질세망의 ATPase활성도에 대한 Vanillylnonanamide의 영향

박경섭,홍장희,류영수,성지연,허강민,임종호,이재흔,석정호 충남대학교 의과대학 지역사회의학연구소 1999 충남의대잡지 Vol.26 No.2

To investigate the effect of vanillylnonanamide(VN) on the ATPase activity of the sarcoplasmic reticulum(SR) of the skeletal muscle, we prepared the SR vesicles from the back muscle of the rabbit, and measured ATPase activity. The results as follows: Ca-ATPase activity was about 50% in the total ATPase activity of skeletal muscular SR. In the reaction mixture with calcium, 100μM VN increased ATPase activity to 20%, and 100 nM and 10 μM thapsigargin(THP) inhibited the ATPase activity to 50% and 60%, respectively. And 100 μM VN plus 100 nM or 10 μM THP more inhibited ATPase activity than THP alone did it. However, without calcium, 100μM VN did not affect ATPase activity, and 10 μM THP inhibited it to 41%, but VN plus THP inhibited it to 31%. The above results show that VN in the reaction mixture with or without calcium has the different action to ATPase activity when it is used alone or together with Ca-ATPase inhibitor THP. This suggests that VN might increase or decrease the skeletal SR Ca-ATPase activity through affecting the lipid membrane around the Ca-ATPase.

골격근 근형질세망의 ATP유도 ^45Ca-uptake에 대한 Thapsigargin및 Vanillylnonanamide의 영향

황의강,배소현,홍장희,허강민,김진회,이재흔,석정호 충남대학교 의과대학 지역사회의학연구소 1999 충남의대잡지 Vol.26 No.2

To investigate the effect of thapsigargin(THP) and vanillylnonanamide(VN), derivative of capsaicin, on the ATP-induced ^45Ca-uptake in the sarcoplasmic reticulum(SR) of the skeletal muscle, the SR vesicles were prepared from the back muscle of the rabbit, and ^45Ca-uptake was carried out. The results as follows: ATP-induced ^45Ca-uptake of skeletal muscular SR was significantly increased by 1 mM ATP. It was significantly blocked by 5 μM THP, but slightly decreased by 20 μM VN. The combined effect of THP and VN on the 45Ca-uptake of the SR vesicles was much potentiated than the sum of each effect of them. The above results suggest that the action of VN, being slightly influential to ATP-induced Ca-uptake but potentiating the effect of THP on the Ca-uptake, might be related with direct perturbation of the SR membrane or exposure of the THP-binding site.