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나병진 ( Na Byung-jin ) 한국외국어대학교 법학연구소 2006 외법논집 Vol.23 No.-
It is general that today's bank transactions are made based on a fixed form using a variety of the terms and conditions provided by financial institutions. Bank transactions based on the conditions help to promote certainty, speed, and safety of transactions and are contributed to the growth and enhancement of the bank businesses. However, when we get a glimpse of what is going on behind the veil of such terms and conditions of use, there is a matter of choice of acceptance or denial when a bank presents unilaterally the ‘terms and conditions’ of the agreement. Such unilateral agreement forces a customer to unfairly comply with the terms and conditions therein. That is to say, firstly, a possibility of abuse of the bank’s agreement for transactions very high as the agreement is unilaterally prepared by a bank, not through mutual agreement or a third party. Banks focusing on only their profits tend to unfairly exclude, exempt or relieve from their legal obligations. Also, they provide a provision for arbitration to evade the court’s decision. This behavior may result in evasion from the application of the national laws and in damage of the judiciary’s power by monopolizing the legislative power to open or close the voluntary law. Secondly, if the terms and conditions are considered as an agreement, it implies a risky possibility of binding a customer regardless of its existence or contents. If bank transactions based on the terms and conditions are misused in order to enhance the self-seeking position of banks and violate public interests, leading to further deepened economic unfairness, it is necessary to regulate such terms and conditions. There are three ways to prevent customers from suffering a disadvantage due to the unfair transaction agreement. First, the regulatory policy of the terms prescribed by the governmental supervisory body. Transportation agreement and insurance clauses shall be subject to prior permission from the administrative body, but bank terms for transaction is not needed to do that. However, there exist some adverse opinions on such permission. Second, the regulatory policy of the terms by the judicial body. The judicial regulation is designed to make a post regulation of any disputes arisen in relation to the terms by making a proper law decision when a concrete dispute on the terms is filed. This is the relief of an individual case, which is limited to a passive individual regulation, and different from the legislative regulation that is a general, prior regulation mechanism. However, the judicial regulation can also have generality by providing the application of the doctrine of stare decisis from a higher court to a lower court, e.g. the predictability of the results of decision at court in the future. Third, the regulation of the terms by the legislative body. The legislative regulation on the terms and conditions has a preventive effect as a prior measure. This is the 'Law on Control of the Terms and Conditions' in Korea. The laws and regulations on the terms and conditions can be divided into a comprehensive legislation restrict all and any kinds of the terms and an individual legislation to restrict individual transactions. We adopt a general law to comprehensively control all kinds of the terms in Korea. As is often the case with all systems, the terms and conditions for bank transaction can also be merits or demerits according to how they are used. When they are used in a proper fashion, the terms and conditions can be contributed to the philosophy of law in terms of the speed, safety of mass transactions. On the contrary, when they are used in an improper fashion, they can disable the liberty of contract and bring about a risk of anti-public interests by putting the customers who are economically weak under pressure. Since the purpose of this paper is to improve unfair points specified in the terms and conditions, it is required that there are appropriate regulatory measures of the government to correct unfairness in the terms and conditions and bank's continual efforts to improve their terms and conditions autonomously.
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간호사의 감정노동, 직무 스트레스와 이직의도 관계에서 직장-가정 갈등의 매개 및 조절효과
나병진(Na, Byeung Jin),김은정(Kim, Eun Jung) 한국간호행정학회 2016 간호행정학회지 Vol.22 No.3
Purpose: The present study was aimed to examine the degree of nurses" emotional labor and occupational stress and demonstrate the moderating and mediating effects of work-family conflict in the relationship among emotional labor, occupational stress, turnover intention of nurses. Methods: The participants for this study were 307 nurses currently working in two general hospitals in G city in Korea. Data were collected using structured questionnaires and analyzed for descriptive statistics, t-test, ANOVA, Mann-Whitney U Test, Kruskal Wallis Test, Pearson correlation coefficients and hierarchical multiple regression with SPSS/WIN 21.0 program. Results: It turned out that work-family conflict plays an important role in the relationship among emotional labor, occupational stress, turnover intention of nurses. Conclusion: Therefore, to reduce nurses" turnover intention, it is necessary to have an intervention focusing on work-family conflict. Also, it is necessary for both the government and hospitals to establish a supportive system and a program to relieve nurses from their work-family conflict.
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나병진 ( Na Byung-jin ) 한국외국어대학교 법학연구소 2011 외법논집 Vol.35 No.3
The unit ownership of a building represent the right to occupy a portion of the building as a separate dwelling, store, office, etc. The buildings with multi-unit ownerships are subdivided according to the intended purposes of them into apartment building, tenement house, store, or office building. Such buildings are as a whole call a Aggregate buildings. For being a Aggregate buildings, it needs to independent object factors of structure and using, and to subjective factors of divided owner’s intention. Now days, these subjective factors become more important. There are some arguments that these Aggregate buildings’ property for divided own is kind of joint ownership such as sharing, joint ownership, and gesamteigentum because of a corporation act characteristic or has new properties which are unlike ordinary sharing, joint ownership, and gesamteigentum. However, it is not a new type of ownership but a sole ownership like existing ownership. Our Aggregate buildings’ law referred to European countries’ and Japanese one. However, since the roman, because of principle that building is belong to land, European tried to understand that the Aggregate buildings, the building and land formed as one thing , is a new different type of Reality. During accept the Aggregate buildings, hard law theory and many chimerical rules are made. According to our law, we have understudied that land and buildings are different things and have registered that way. So, I can sure that Aggregate buildings’ exclusively part, common area, and land can be batch together for registering one stuff in Korea. If we reflect our law’s property and use advanced IT, we can post register of Aggregate buildings more accurately. If registration act and Aggregate buildings act are revised, Aggregate buildings trade security will improve. So, market can gain high trust.
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구분소유권 성립시기에 관한 연구 -대법원 2013. 1. 17. 선고 2010다71578 전원합의체 판결을 중심으로-
나병진 ( Na Byung-jin ) 한국외국어대학교 법학연구소 2013 외법논집 Vol.37 No.3
In Korea, the transfer of a real right is practiced based on the formalistic legislation system, which clearly recognizes the establishment time and ownership of real rights. In this system, the public announcement of realestate registration can be strengthened. This has been opposed to the legal pragmatism and was caused by separation between land and building. In the most cases of establishment time for divided ownership, the establishment time is defined when the owner appeals intention of distribution by signing a distribution contract or advertising a distribution. Often in other cases, the establishment time is defined not by registration but by preparing a building ledger. However, this is quite illogical. This is not consistent with the transfer of a real right by formalistic legislation system, and the establishment time is irregular which can cause complexity. Furthermore, from the third person’s point of view, it is hard to know what the content subject of divided building is. Therefore, this study asserts that the establishment time should not be separated; instead, it should be unified into the registration time.
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두피 상태 진단을 위한 Microscopy 영상 분석 기법
김형준 ( Hyungjun Kim ),김우걸 ( Woogeol Kim ),나병진 ( Byungjin Na ),유제혁 ( Jehyeok Rew ),황인준 ( Eenjun Hwang ) 한국정보처리학회 2016 한국정보처리학회 학술대회논문집 Vol.23 No.1
최근 건강에 대한 관심이 늘어가고 스마트폰이 널리 보급되면서, 스마트 헬스케어 시장이 커지고 있다. 특히 다양한 요인에 의해 탈모로 고통 받고 있는 사람이 늘어나고 있다. 그러나 아직까지 스마트 헬스케어 분야에서 두피의 상태를 진단하고 평가하는 어플리케이션이 많지 않으며, 신뢰성 또한 좋지 않다. 이에 본 연구에서는 모발 밀도, 모발 두께, 모공 개수, 홍조 4가지 두피 특성을 정량적으로 측정할 수 있는 두피 진단 시스템을 제안하고자 한다. 스마트 폰과 호환되는 현미경을 통해 촬영한 두피영상을 분석하여 사용자가 손쉽게 자신의 두피 상태를 진단을 가능케 하는데 그 의의가 있다.
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