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김재형 한국민사법학회 2009 民事法學 Vol.45 No.1
In March, 2009, Korea has adopted the law school system and the universities that have introduced the new system are currently undergoing a transition to discontinue their colleges of law. Consequently, as the traditional national judicial examination will soon be abolished, the Judicial Research and Training Institute, which is responsible for the legal practice training for those who pass the exam, is facing a big change as well. The establishment of the law school system can be a turning point for the Korean legal education and an impetus for "a new start." Especially, civil law, which constitutes a large part in law and legal education, is exposed to some problems of its education under the college of law system. As such, the matter of how to change the civil law education has become an issue, more of a task to be solved from the time when the law school opened. Also, Korea’s legal system is clearly distinguishable from the common law system by the fact that it belongs to the civil law tradition and has the civil code prepared according to the Pandekten system. Naturally, the introduction of the law school system which was created and developed in the United States leads to the inevitable question: How to change the civil law education? The structure and organization of civil law courses to be offered at Seoul National University School of Law is a lot different from the ones being taught in the College of Law now. Regardless of the system of the civil law and the organization of the civil code, the basic civil law courses are reorganized taking into account their applications on the real life situations. For instance, the Civil Law I (Contracts) includes the contents constituting the general provisions of the civil code and the law of obligations, and its system and content have been entirely rearranged in the way of looking into the ‘life of contract’ from its formation to expiration. This can be a revolutionary course showing how the common law reasoning and the continental civil law reasoning can combine successfully. The specific contents and methods of the lectures will be different from those of the civil law education in the College of Law. For teaching methods, professors may use either the lecturing method explaining legal theories and case laws or the Socratic method, or both. Various other methods including a problem-solving method may also be used. There is not only one superior method in education. Professors should use appropriate methods according to the situations. Only because, thus far, the traditional civil law courses have been lecture-oriented, it needs to recommend new methods of teaching including the Socratic method.
한국 집단수용시설의 법제도화와 인권침해, 그리고 국가 책임
김재형 민주화운동기념사업회 2023 기억과 전망 Vol.- No.48
In 2022, South Korea’s Truth and Reconciliation Commission concluded that human rights violations had been committed at Brothers Home and Seongam Academy and recommended the government to clarify and take responsibility for the victims. However, there have been many other similar facilities that housed vagrants across the country, and little attention has been given to the insufficient investigation of human rights violations that occurred in these facilities. This paper first examines the legal system that governed the establishment and operation of these facilities. Previous studies have primarily focused on the Ministry of Interior Order No. 410 of 1975 and the regime's political intentions, which led them to neglect the specific contents of the various laws and ordinances related to the crackdowns on and detention of vagrants and social welfare. This study mends this gap by analyzing the relevant laws and ordinances to identify the groups targeted by these laws and the minimum guarantees of human rights stipulated in those laws. The analysis revealed that the laws contained provisions that delineate a minimum level of human rights guarantees but the state ignored them, and the Interior Ministry Order No. 410 was an attempt to resolve the contradiction between the state's intention to rule and the legal concept of welfare. Thus, even by the standards of the 1960s and 1980s, it is clear that the state is responsible for the human rights violations that had occurred during the crackdowns and detentions. Then, to what scope should the state be held accountable for human rights violations? Since the 1990s, the scope of state responsibility for various historical issues has been gradually expanded in relevant laws, from initially being limited to harms directly inflicted by the state to various secondary harms arising from the primary human rights violations. Not only should the state be held accountable for the primary human rights violations committed within the collective detention centers, but also for the secondary and tertiary harms arising as a result of the crackdowns and detention in the facilities and in society.
김재형 대한영상의학회 1988 대한영상의학회지 Vol.24 No.4
저자들은 베쎄씨병에서 폐 침범의 빈도와 그 양상을 규명하기 위하여 1980년 1월부 터 1987년 12월까지 서울대학교 병원에서 베세씨병으로 진단 또는 의심된 130예의 흉부 엑 스선 사진을 재 검토 하였다. 130예 중에서 6예(4.6%)가 베세씨병의 폐 침범으로 생각되는 이상소견을 보였다. 이 중 2예는 폐문 근처의 원형 종괴로 나타났으며 폐혈관조영술에 의해 폐 동맥류로 확진되었다. 다른 2예는 폐경색에 의한 폐 침윤으로 나타났다. 다른 1예는 폐동 맥을 압박시키는 대동맥류와 함께 반대쪽 폐의 일측성 폐부종을 보였다. 마지막 1예는 식도 궤양을 일으킨 환장에선 식도-기관지루가 형성되고 이에 의해 폐 농양이 생겼다. 따라서 베 세씨병 환자에서 폐종괴나 폐 침윤이 관찰될 때 이것이 다른 원인으로 밝혀지지 않는 경우 는 베세씨병 자체에 의한 폐 침범을 의심해 보아야 한다. To evaluate the pulmonary manifestations of Behcet disease, authors reviewed the chest radiographs of 130 cases of Behcet disease diagnosed at Seoul National University Hospital from January 1980 to December 1987 retrospectively. Of the 130 cases, 6 cases (4.6%) showed pulmonary abnormalities that were considered as a manifestation of Behcet disease. Two cases showed round masses near the hila on chest radiographs which were confirmed as pulmonary artery aneurysms on angiographies. Two cases showed pulmonary infiltrates due to pulmonary infarcts. Others were a case of unilateral pulmonary edema due to compression of the contralateral pulmonary artery by aortic aneurysm and a case of lung abscess due to esophagobronchial fistula as a complication of esophageal ulcer. Though its occurrence is rare, nodular and/or infiltrative pulmonary lesions in patients with Behcet disease should be suspected as a vascular involvement of the disease itself until proven otherwise.