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      • 연대보증제도의 운영현황과 개선방안

        김종렬 충북대학교 법무대학원 2006 국내석사

        RANK : 248655

        After IMF situation, there have been a lot of cases, which the people standing surety for other's loan, become bankrupt occurring one after another in Korean society, thereby rising a serious problem with the joint and several guaranty. Before, Korea was generalized with banking practice that made a loan only if a surety is the 'security'. In this situation, as the cold wave of the IMF hit Korea, there were sudden increases in bankrupts, thus the cases that was dismissed for being a credit defaulter due to secured debt and committed joint suicide by a family due to living difficulties at all appeared in succession. Especially, because of 'Korean humanity', an acquaintance, a classmate and a colleague might give security for the joint and several guaranty. So, there were a lot of cases that a debtor's bankrupt continued to a surety, thereby extending to breaking of family as well as individual. Therefore, it brought about a large number of serious social problems such as that, by being unreliable to each other, the credit society could be floating and people fell into the bottomless pit of distrust. Even some researcher called the system 'the economical guilty-by-association system' or 'the hostage system' and had negative view on that itself, insisting that to have a risk of economical sinking by a surety without any counter-presentation is the infringement of pursuit happiness power and reputational right in accordance with the Constitution. The joint and several guaranty strongly press a surety in points of that it is not allowed supplementarity and discreet benefit unlike a simple guaranty. This system is surely for a creditor (financial agency), but both positive and negative function is coexisted in the same way as other system. While this is necessary to be used as an inevitable way to secure financial credit in a debtor's place, as above, there are also a lot of problems exposed in the system operation. Of course, the important task is to promote the systemic conditions for full satisfaction of debt by major debtor. This study aims to seek a plan to minimize operational problems, and, at the same time, to keep positive functions of the system. To do that, we analyzed the operational realities of the joint and several guaranty for credit transaction, and then, suggested systemic improvement plans for the problems from the system. Problems of the joint and several guaranty, which is not only today's matters, are appeared as serious social problems especially after the IMF situation. The system that financial institutions prefer it specially is very emphatic on the right of a creditor, namely financial institution, and really stingy to the protection of a surety in the aspect of that it has no the best right of defense, that of search, and no discreet benefit.The most apparent difference compared to other countries' legislations is that there is no stipulation to protect sureties in the contents. Considering this, theories and precedents are to provide the protection by interpretation but the extent of protection is considered to be minimal compared to other countries and it is considered that there is limit in it. That is, limiting the range of guarantee liability considering the intention of relevant person should be done within the range of the theory of the interpretation of declaration of intention thus there must be limitation. Also, although the principle of faith is functioning not only as the criterion of the interpretation of legal actions but also as a means to control the contents, there are many potentiality to be criticized such as that the application of the principle of faith in limiting the liability of guarantee may hurt the soundness of law or that the judgement may be made by the will of judges. Considering all these aspect, it can't be denied that the sureties under the civil law of our country is in quite unfavorable position compared to the sureties in other countries. Here, as can be seen in other countries' law, the right of argument about notification and the right to argue about search should be acknowledged partially based on the cases and it is desirable that the case that the reported loss by the succession of guarantee debt that is a system operated only in Asia area such as our country and Japan disappears. Also, like in the civil law of Swiss, it is desirable the system that requires the agreement of spouse to make a guarantee contract is introduced and systemized. The joint and several liability on guarantee system has more negative functions rather than positive functions from the standpoint of consumers considering various aspects thus some people even consider it as a system that has to be improved or has to disappear but is a very useful system for businessmen or individuals with insufficient security giving the benefit of economic activities thus it is considered that a measure to supplement should be prepared to activate the system. To review adverse effects of joint and several liability on guarantee system by now, there are many cases that the problems arouse because the guarantees were provided just emotionally bound to the humanism without properly perceiving the legal responsibility. But since the perception on joint and several liability on guarantee system has been changed a lot as people experienced IMF, if the positive functions are vitalized and actively utilized, the system is considered to be able to play a key role in activating the people's economy. As the method to improve the problems owned by the joint and several liability on guarantee system, the role and function of credit guarantee insurance system are needed to be strengthened. And if the system of credit guarantee insurance is to be operated effectively, the funds from corporations or government are needed to be enlarged and stable management of the funds remains as a task. Also, to settle the system of guarantee insurance, the guarantee insurance company should be changed to a public enterprise and continuous financial support from government is needed. If joint and several liability on guarantee system is removed and no guarantee credit base loans can be operated though the establishment of credit infrastructure, it will be the best policy but it should be practically difficult considering the reality of our country. Here, with active improvement of the weakness of credit information infrastructure on government level, it is desirable that appropriate sureties provide the guarantee and the loans based on credit is activated to make the opportunity to advance the settlement of the society of trust of the advanced countries' level.

      • 韓國의 水利權紛爭 解決方案에 관한 硏究

        김종렬 한양대학교 대학원 2007 국내석사

        RANK : 248639

        본 論文은 水利權紛爭의 解決方案으로서 水利權 制度 및 水利權 調整方案의 확립, 紛爭解決制度의 개선, 나아가 水利權 去來制度의 도입 등을 제시함으로써 수자원의 효율적 이용을 제고하는데 그 目的이 있다. 이러한 연구목적을 수행하기 위해 第2章에서는 한국의 水利權 制度와 水利權紛爭 現況, 그리고 이러한 水利權紛爭을 調整하기 위한 제도와 紛爭解決制度 등의 실태를 점검하고, 第3章에서는 물에 대한 권리개념이 일찍부터 발달한 美國과 함께 日本의 水利權紛爭 解決制度를 분석함으로써 韓國의 水利權紛爭을 해결하는데 유용한 정책경험으로 활용하고자 한다. 이어서 第4章에서는 앞에서 검토한 韓?美?日 水利權紛爭 解決原則의 비교검토를 통하여, 韓國에서의 水利權紛爭 解決方案을 이끌어 내기 위한 시사점을 도출해 보고자 한다. 이러한 검토를 바탕으로 第5章에서는 水利權紛爭의 解決方案으로서 水利權 制度의 확립, 水利權 調整方案의 확립 및 紛爭解決制度의 개선, 나아가 水利權 去來制度의 도입을 제시하였다. 오늘날 公水사용에 대한 權利는 개인의 旣得權이라기 보다는, 국가가 물을 관리함에 따라 개인에게 주어지는 惠澤이라는 것이 세계적인 추세라 할 수 있다. 따라서 유한한 公共財인 물의 이용제도는 현행대로 두기보다는 물配分制度와 許可制로 전환하는 것이 타당할 것이다. 또한 현재 일관된 체계나 유기적 연계가 미비한 수자원 관련법령을 체계적으로 정비한 '水資源基本法'의 제정이 시급하다. 基本法의 제정으로 물 이용관계를 개관 가능하게 하고 다른 한편으로는 제도의 합리화, 물 이용자간의 이해조정 등을 꾀할 필요가 있다. 水利權의 調整方案으로 특히 渴水期에는 渴水期에 대비한 물공급의 우선순위나 특례를 법률에 규정하자는 방안과 물공급의 획일적 순위를 규정하지 말고 渴水期에는 특별한 대책을 시행할 수 있다고 법률에 규정하는 방안이 있을 수 있겠으나, 韓國의 경우 流量의 불확실성을 감안하고 流量 변동에 따른 물이용의 효율성을 극대화하기 위해서는 後者가 더 적절한 방안이라고 보여진다. 그리고 紛爭解決制度의 개선을 위하여 광범위하게 채택되고 있는 行政的 접근방법보다는 물 자원에 대한 공공적 책임과 이용자의 책임을 인정하는 自發的 協議에 의한 配分方法으로 전환하는 것이 필요하다. 마지막으로 水利權 去來制度의 도입을 생각해 볼 수 있다. 水利權 去來制度는 직접적으로는 水利權紛爭을 원만하게 해결하고 경제적 인센티브에 의한 需要管理를 통하여 물의 생산성을 제고할 수 있다는 점과 간접적으로는 관개수로, 상수도시설 등에 대한 투자 등을 통하여 낭비적인 수요와 漏水에 따른 경제적 손실을 방지할 수 있다는 장점 등이 있다. 그러나 이 制度의 도입에 따라 야기될 수 있는 여러 가지 문제점들, 즉 初期 水利權의 할당문제, 旣存 용수공급체계와의 조화, 去來市場의 형성에 필요한 제도적 보완 등은 해결해야 할 과제이다. This thesis is intended to establish systematically a management policy for the volume of water as settlement of the disputes over water rights, and to ensure efficiency and productivity of water resources by the introduction of water market. In order to accomplish the objective of study, I examined property rights on water resources, a management policy for the volume of water, and dispute resolution system, thereby proposed the theoretical background and framework for settlement of the disputes over water rights(Chepter 2). I tried to utilize policy practices to settle the disputes over water rights in Korea by analyzing a management policy for the volume of water in United States, especially California that possess the scacity of water resources and the hydrologic environment similar to Korea, including Japan(Chepter 3). Then, I reviewed the cause and case of the emerging disputes over water rights and the current system and practices for dispute settlement in Korea(Chepter 4). Based on these examinations, I suggested a policy for settlement of the disputes over water rights. It is to consider establishment of the concept and basic principle of water right, the reasonable and equitable apportionment of water resources, and dispute resolution system and water market adaptable to circumstances in Korea(Chepter 5). As nation managed water resources in public perspective, water rights is the given benefit rather than an acquired right of person. Therefor, the management of water resources must administer the reasonable apportionment and permit system. With the establishment of permit system, it is very important that the permit process is marvelously quick and the actual uses of water secure compatibility. For the purpose of solving legislatively a matter of the water resources management, it is necessary to unite with articles and clauses involved in water rights scattering civil law, surface water law and so forth, based on the management in a body of water and unity management of the surface and ground water. It is suitable to provide in the new fundamental law on water resources and to abolish water rights in a customary law, and to erase article and clauses involved in water resources of civil law. When establishing the new law on the management of water resources, we should consider these following things; ① water resources management agency, ② the principle and processes of distributing water resources, ③ particularly, the distribution of water resources in the peoriod of drought, ④ the standards and processes of permitting water rights, ⑤ the terms and conditions of water rights, ⑥ the registration and re-permission on the established water rights, ⑦ the partnerships and relations among the water righters, ⑧ the procedures of adjustment on the water disputes. Water market have lots of advantages and effects directly or indirectly. Directly, we are able to settle the disputes over water rights more smoothly and raise the productivity of water resources throughout demand management involved in economic incentives. The investment in the irrigation and water utilities indirectly prevent us from wasteful uses of water and leaking water. But in the introduction of this trading system, we need to solve the other problems such as a apportioning water rights on the first stage, harmonizing this new one with the existing water supply system, and preparing the institutional supplement to form this trading market.

      • 지각된 사회적 지지가 정서지능, 정신건강에 미치는 영향

        김종렬 경북대학교 교육대학원 2009 국내석사

        RANK : 248639

        The purpose of this study was to investigate the effect of social support perceived by elementary school student on emotional intelligence and mental health. The research questions for this study were as follows; 1. Are there significant differences between high or low social support and emotional intelligence according to the social support provider? 2. Are there significant differences between emotional intelligence and high or low social support which includes emotional, informational, physical and evaluated support according to the social support provider? 3. Are there significant differences between high or low social support and mental health according to the social support provider? 4. Are there significant differences between mental health and high or low social support which includes emotional, informational, physical and evaluated support according to the social support provider? In order to verify these questions, 298 students(males: 168, females: 130) were selected in elementary schools, Daegu. This study was used three questionnaire: 'Investigation of Social Support', 'Investigation of Emotional Intelligence', 'Investigation of Mental Health'. One is surveyed by the help of Park, Jee-Won's Social-Support Inventory(1985) of 24 questions, revised into inventory by Jung, Jae-Hee in 2001. Another is surveyed by Moon, Yong-Ryn's(1997) Emotional Intelligence Inventory of 47 questions. The other is surveyed by the help of SCL-90-R Inventory of mental health of 64 questions, revised into inventory by Kim, Myung-Shin in 2002. The scale of social support is consisted of emotional support, evaluated support, informational support and physical support. The scale of emotional intelligence is consisted of emotional perception, emotional expression, empathy, emotional control, emotional utilization. The scale of mental health is consisted of somatizaton, obesessive-compulsive, interpersonal sensitivity, depression, anxiety, hostility, phobic anxiety, parancid ideation, psychosomatic. All produced outcomes of this study come from SPSS 14.0. To investigate the differencial gaps among groups, this study used independent t-test. The results were as follows; 1. The result of emotional intelligence was obtained a significant difference by social support providers who are father, mother, teacher and friend according to their high or low social support. According to high or low social support of social support provider who are father and mother, the result of emotional intelligence of elementary school students shows a significant difference in the all sub-levels of emotional intelligence. In emotional perception, empathy, emotional utilization, there was a significant difference according to high or low teacher's support. In emotional perception, emotional expression, empathy, emotional control, there was a significant difference according to high or low friend's support. 2. There was a significant difference between the sub-levels of social support of the social support provider who are father, mother, teacher and friend and emotional intelligence. According to high or low father's emotional and physical support, there was a significant difference in the all sub-levels of emotional intelligence. In emotional perception, emotional expression, empathy, emotional control, there was a significant difference according to high or low father's evaluated and informational support. According to high or low mother's emotional, informational and physical support, there was a significant difference in the all sub-levels of emotional intelligence. In emotional perception, emotional expression, empathy, emotional utilization, there was a significant difference according to high or low mother's informational support. According to high or low teacher's emotional support, there was a significant difference in empathy, emotional utilization, emotional control. There was a significant difference between teacher's evaluated support and the all sub-levels of emotional intelligence, except emotional control. There was a significant difference between teacher's evaluated, informational support and the all sub-levels of emotional intelligence, except emotional control. In empathy, emotional utilization, there was a significant difference according to high or low teacher's physical support. In emotional utilization, there was no significant difference according to high or low friend's emotional, physical support. But there was a significant difference between the sub-levels of friend's support and the sub-levels of emotional intelligence. 3. The result of mental health was obtained a significant difference by social support providers who are father, mother, teacher and friend according to their high or low social support. According to high or low social support of social support provider who are father, the result of emotional intelligence of elementary school students shows a significant difference in somatizaton, obesessive compulsive, interpersonal sensitivity, depression, anxiety. In the all sub-levels of mental health, there was a significant difference according to high or low mother's support. There was a significant difference in interpersonal sensitivity, depression according to high or low teacher's support. In interpersonal sensitivity, depression, parancid ideation, there was a significant difference according to high or low friend's support. 4. In general, there was a significant difference between the sub-levels of social support of the social support provider who are father, mother, teacher and friend and mental health. There was a significant difference between father's emotional support and the all sub-levels of mental health, except hostility. According to high or low father's evaluated support, there was a significant difference in somatizaton, obesessive-compulsive, depression, anxiety, phobic anxiety. In somatizaton, obesessive-compulsive, interpersonal sensitivity, depression, anxiety, there was a significant difference according to high or low father's physical support. According to high or low father's emotional support, there was a significant difference in anxiety. According to high or low mother's emotional, evaluated and informational support, there was a significant difference in the all sub-levels of mental health. And there was a significant difference in obesessive-compulsive, interpersonal sensitivity, depression, anxiety, phobic anxiety, psychosomatic according to mother's physical support. According to high or low teacher's evaluated support, there was a significant difference in obesessive-compulsive, interpersonal sensitivity, depression, anxiety, parancid ideation, psychosomatic. In interpersonal sensitivity, depression, there was a significant difference according to teacher's physical support. There was a significant difference between friend's emotional support and the all sub-levels of mental health, except depression & parancid ideation. There was a significant difference between friend's evaluated support and the all sub-levels of mental health, except hostility. There was a significant difference in interpersonal sensitivity, depression, parancid ideation. In depression, parancid ideation, there was a significant difference according to friend's physical support.

      • 백서 신경장해성 통증시 c-Fos 유전자 발현에 대한 N-methyl-D-asparatic acid 길항제와 교감신경차단 효과

        김종렬 충남대학교 대학원 1998 국내박사

        RANK : 248639

        Neuropathic pain produced in adult rat (Sprague-Dawley, N=24) by the tight ligation of L5 and L6 spinal nerves has the characteristics of enhanced pain responses-allodynia. To understand the pathophysiology of neuropathic pain, I evaluated the effect of NMDA antagonists and chemical sympathectomy on the c-fos mRNA expression and the neuropathic pain. The results were as follows: 1) Intrathecal NMDA antagonists before the ligation supressed the elevation of c-fos mRNA expression. 2) Intrathecal NMDA antagonists on the 7days after the ligation reduced the c-fos mRNA expression and neuropathic pain. 3) Continuous treatment of subcutaneous NMDA antagonists supressed the development of neuropathic pain and the elevation of c-fos mRNA expression. 4) Chemical sympathectomy before the ligation did not supress the elevation of c-fos mRNA expression. 5) Chemical sympathectomy on the 7 days after the ligation reduced neuropathic pain and the elevation of c-fos mRNA expression. These results suggest that the NMDA receptor is related to the induction and maitenance of neuropatic pain, and sympathetic nervous system has a main role in the already induced neuropathic pain.

      • Fentanyl 마취유도시 기관내 삽관에 따른 심혈관계 및 혈당치의 변화

        김종렬 충남대학교 1989 국내석사

        RANK : 248639

        We selected at random 30 normotensive patients who had received operation under the general anesthesia with intubation at Chungnam National university hospital. There were divided into 3 groups. Group I (Control) had received tracheal intubation with thiopental 5mgkg^-1(n=10), group II had received tracheal intubation with fentanyl 15ugkg^-1(n=10), group III had received tracheal intubation with fentanyl 15ugkg^-1 and diazepam 0.05mgkg^-1 (n=10) The changes of systolic blood pressure (SBP), diastolic blood pressure(DBP), mean arterial blood pressure(MAP), pulse rate(PR) and blood sugar were compared in each groups. The results were as follows. 1. In the thiopental group, Intubation caused a significant rise in the SBP, DBP, MAP, PR and blood sugar. 2. In the fentanyl group, Intubation caused a rise in the SBP, and significant rise in the glucose. 3. In the fentanyl with diazepam group, Intubation caused little change in the SBP, DBP, MAP, PR and blood sugar. Author concluded that a moderate-dose fentanyl with diazepam cause a little change in the cardiovascular and blood sugar change during intubation.

      • 복합곡면에서의 블렌딩 곡면생성에 관한 연구

        김종렬 全北大學校 1995 국내석사

        RANK : 248639

        For the products of various shapes, the compound surfaces must be used. And the blending surfaces are essential for those products. In this paper a method of easy and convenient control of blending surface is discussed. NUBES(Non Uniform B-Spline Surface) is used to generate free-formed surface and polyhedrons are made through boolean operation of primitives, which are obtained in transferring and rotating points. After intersection curves of surfaces are determined the plane not to be twisted is set. On the plane rail curves are generated by user. And the blending surface are generated through rail curves and handling control points. And, in the case of no intersection the method to generate the blending surfaces was employed. Also blending surfaces at the corner was made. Especially this paper presents a new method which the generated blending surfaces are satisfied with GC^0 and GC^1 continuity by using Bezier control points and given variables. Also this has the control of a flexible shape representation. In this paper blending surfaces betseen free form surface/free form surface and free form surface/polyhedron are shown.

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