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박유석(Eusurk Park),구정진(Jungjin Gu),김제완(Jewan Kim) 동아대학교 법학연구소 2021 東亞法學 Vol.- No.91
담보신탁 계약체결 전 위탁자와 제3자와의 사이에 신탁목적물에 대한 지상권설정 합의가 존재하는 경우 이러한 제3자의 권리가 과연 소유권이 이전되는 신탁구도에 어떠한 영향을 미치는가에 대하여, 대상판결은 신탁의 성질상 위탁자가 그 신탁재산의 소유권을 회복하여 지상권을 설정하는 것이 불가능한 것이 아닌 점과 그러한 사정이 계약상 의무 이행을 명하는 이행판결에 영향을 미친다고 볼 수 없다는 점을 근거로 하여 위탁자가 지상권설정등기절차의 이행을 하는 것이 이행불능이 아니라고 판시하고 있다. 이러한 결론에는 동의하더라도 신탁재산의 독립성, 도산절연성 등 신탁법리가 가지는 특성들에 비추어 제3자의 권리가 어떤 요건에 의하여 어느 정도 보호되어야 합리적인지는 매우 어려운 문제이다. 이는 담보신탁 설정당시의 신탁설정행위의 내용, 피담보채무의 변제가능성과 그 예상시기, 수익자와의 관계 등을 종합적으로 살펴 이행불능 및 소의 이익 여부 등이 엄격하게 검토되어야 할 것이며 아울러 제3자의 권리보호를 도모할 수 있는 방안도 모색되어야 할 것이다. The decision relates to the legal relationship of the trust transferring ownership of the trust property to secure the mortgage, and determines how the rights and obligations of those who have legal interests in the trust relationship can affect the trust structure created by the trust. The judgement is based on the nature of the trust that it is not impossible for the consignee to restore ownership of the trust property and to establish ground rights, and that it cannot affect the performance of the contractual obligation. Even if it agrees, it would be necessary to determine whether an entity is unable to perform or profitable by looking at a comprehensive assessment of the act of setting up a trust at the time of setting up a mortgage, the timing and the relationship with the beneficiary. In particular, trust contracts, which transfer ownership internally and externally, are inherently isolated from the legal relationship before the trust, which cannot be enforced or disposed of to preserve the rights held before the trust, and which requires stricter requirements. Depending on the characteristics of trust law alone, such as the independence of trust property and the insulation of bankruptcy, how much of this right relationship can be protected, and how much it should be protected by what requirements is a very difficult. Furthermore, at this time, when the terms of termination, which could only be interpreted as contractual elements, are transformed into terms of termination of trust, specific requirements for restitution of ownership should be clearly established, and a way to protect the rights of a third party at the same time.
박유석(Park, Yu-seog),정재호(Chung, Jae-ho) 한국부동산정책학회 2014 不動産政策硏究 Vol.15 No.2
Housing policies of the government have been developed while sensitive to fluctuations in house prices has played great axis of economic policy in each era. However, housing policy that corresponds to the situation of the market, will lose the public s trust is the consumer of real estate, housing policy, began to lose the adjustment function of the market. Therefore, in the present study is to study the relevances of housing policy to changes in house prices and the economy, it tries to present the direction of the future of housing policy. Housing policy up to now, it is not a long-term measures, rather than the policies that have been formulated to have what goal as short-term measures, with a symptomatic nature to try to correct only the current situation is and has been analyzed and, the housing policy has revealed that the influence of fluctuations in housing prices and economy. It was possible to derive the two conclusions based on the above analysis results. First, government intervention market failure, if the effect is low, will be without intervention except for the minimum parts. Effect of housing policy, for impact on housing prices is not large, it was seen that the market housing market on the degree of constraint to properly implement the role can be normal. Secondly, if currently actively intervene in the market as, so far policy new paradigm of policies that are differentiated and of will need to establish been developed. There are differences of both methods, but to restore public confidence, it should be considered both for normalization of market function.
특화거리의 효율적 운영방안에 관한 연구 -대전 목동·중촌동 맞춤패션 거리를 중심으로-
박유석 ( Park Yu-seog ),김흥태 ( Kim Heoung-tae ) 한국지역사회발전학회(구 한국지역사회개발학회) 2016 地域社會開發硏究 Vol.41 No.2
The city has residential, commercial, and industrial features that is certain of the areas that have a certain personality. Among these, commercial is get a economic benefits to each other while social exchanges through the contact. Where traffic is often of the people of the city, a growing number of opportunities for natural contact, this naturally leads to an increase in commercial activity. Commercial activity that started on the street, evolved in the form of a physical space, such as stalls and shops with a certain amount of equipment, with the area, such as the market of the mall crowded shops of various industries to form a city tade area. As society changes, the shops in the city have a wide range of industries repeated generations and disappearances and the symptoms were similar industries are clustered by type and size of the commercial city. The specialized street, refers to the street that is carried out regional differentiation of the commercial area in the urban commercial industries of the same or similar functions located out the congestion at a certain place in order to create economies of agglomeration. However Daejeon city assign and operate the specialized streets of three districts(Dong-gu, Daeduk-gu, Jung-gu) but most of specialized streets are not operate properly. Especially Mok-dong· Jungchon-dong custom fashion street naturally formed with materials shop, sub-materials shop , tailor shop since 1970. It is a spontaneous crowded with historical meaning. But Mok-dong· Jungchon-dong custom fashion street having various difficulties in spite of the historical and cultural values, that it is necessary to strive for activation can do. In this study, focus on Mok-dong·Jungchon-dong custom fashion street of specialized streets in Dajeon and provide a policy issue for sustainable development.
급성 Acetaminophen 중독시 복용량에 의한 N-Acetylcysteine의 사용은 적절한가?
김태근,김민정,이진희,정성필,이한식,박유석,Kim, Tae-Geun,Kim, Min-Joung,Lee, Jin-Hee,Chung, Sung-Pil,Lee, Hahn-Shick,Park, Yoo-Seok 대한임상독성학회 2006 대한임상독성학회지 Vol.4 No.2
Purpose: In many Korean hospitals, serum acetaminophen concentrations in cases of overdose cannot be measured initially because of inadequate laboratory facilities. Under these circumstances, physicians base the administration of the antidote, N-acetylcysteine, on ingestion amounts as determined by initial history taking. We therefore examined the correlated between ingested amounts and serum acetaminophen concentrations. Methods: Medical records were reviewed retrospectively for patients who presented to the ED with acetaminophen overdose between January 2002 and March 2006. Fifty-nine patients were recruited and sixteen patients were excluded. The forty-three remaining patients were placed into either the high-risk or low-risk group based on their ingested amount (140 mg/kg), and were separately categorized into the toxic or non-toxic group based on their serum acetaminophen concentrations, according to the Rurnack-Matthew nomogram. Results: Ten patients (83.3%) among twelve in the high-risk group were found to have non-toxic serum concentrations, and just one patient (3.2%) among thirty-one in the low-risk group fell into the toxic group based on their serum concentrations. The sensitivity and specificity of risk stratification of the ingested amount as a predictor of intoxication requiring antidote therapy were 66.7% and 75.0%, respectively. Conclusion: This study suggests that the therapeutic decision for acetaminophen overdose should not be based solely on ingested amount only, but requires assessment of acetaminophen concentration.
급성 약물중독 환자의 응급 기관내 삽관에서 임상적 특성
한얼 ( Eol Han ),정현수 ( Hyun Soo Chung ),박유석 ( Yoo Seok Park ),유제성 ( Je Sung You ),주영선 ( Youngseon Joo ),공태영 ( Taeyoung Kong ),박인철 ( Incheol Park ),정성필 ( Sung Phil Chung ) 대한임상독성학회 2015 대한임상독성학회지 Vol.13 No.1
Purpose: The aim of this study was to compare the clinical characteristics in emergency endotracheal intubation between patients with acute drug intoxication and medical disease. Methods: Data for airway registry collected in two emergency departments (ED) between April 2006 and March 2010 were reviewed retrospectively. The airway registry data included patient’s demographic information and variables such as Cormack-Lehane grade, 3-3-2 finger analysis, success rate, the number of attempts at intubation, complications of intubation, and clinical outcomes after intubation. Results: A total of 1480 patients were enrolled; 62 patients were classified as belonging to the intubation group after the drug intoxication group. No significant differences in Cormack-Lehane grade, 3-3-2 finger analysis, success rate, the number of attempts at intubation, and complications after intubation were observed between patients with acute drug intoxication and medical disease. However, significant difference was observed for indication of emergency endotracheal intubation. While emergency endotracheal intubations were usually performed in medical patients because of failure of airway patency, they were performed in intoxicated patients with the goal of preventing serious complications. Conclusion: Anatomical structures related to endotracheal intubation, the process and clinical outcome of intoxicated patients are not significantly different from those for medical patients.
경추 손상 환자에서 전산화 단층 촬영 시행을 위한 임상적 기준: NEXUS 기준과 Canadian cervical spine rule
최양환 ( Yang Hwan Choi ),조준호 ( Jun Ho Cho ),좌민홍 ( Min Hong Choa ),박유석 ( Yoo Seok Park ),정현수 ( Hyun Soo Chung ),정성필 ( Sung Pil Chung ) 대한외상학회 2008 大韓外傷學會誌 Vol.21 No.1
Purpose: National Emergency X-Radiography Utilization Study (NEXUS) criteria and the Canadian Cervical Spine rule (CCR) are commonly used in cervical trauma patients to determine whether a plain cervical X-ray should be performed. However, plain cervical X-rays are so inaccurate that cervical spine computed tomography (CT) is often considered as a screening test. We studied the usefulness of the NEXUS criteria and the CCR for determining the need for a CT evaluation in the emergency department (ED). Methods: This prospective observational study was conducted from January 2007 to March 2008. Plain X-ray and CT scans of the cervical spine were performed on blunt trauma patients with neck pain. The relevancy of CT was examined using the NEXUS criteria and the CCR. Sensitivity, specificity, positive predicted value, and negative predicted value analyses were performed to diagnose the cervical spine injury. Results: During the study period, 284 patients were enrolled in this study. The sensitivity, specificity, positive predicted value, and negative predicted value of the NEXUS criteria were 87.5%, 1.1%, 5.0%, and 60.0% respectively, while those of the CCR were 87.5%, 8.2%, 5.3%, and 91.6%. There were two missed fracture cases when the NEXUS criteria and the CCR were applied independently, however, no cases were missed when both were applied. Conclusion: This study suggests the NEXUS and the CCR in combination can be used as a guide to CT evaluation for cervical spine injury in the ED.
환자의 중증도 분류를 고려한 응급실의 진료 프로세스 패턴 분석
심승배(Seungbae Sim),최재형(Jaehyung Choi),김보성(Bosung Kim),오지수(Jisoo Oh),김승호(Seungho Kim),박유석(Yooseok Park),박인철(Incheol Park),정태녕(Taenyoung Chung),오경환(Kyounghwan Oh),정봉주(Bongju Jeong),이영훈(Younghoon Lee) 한국경영과학회 2009 한국경영과학회 학술대회논문집 Vol.2009 No.5
병원의 응급실 프로세스는 환자에 대한 최초의 진료라는 점에서 병원 전체의 프로세스 중에서도 가장 중요한 과정이다. 그 중에서도 중증도 분류(triage)는 도착한 응급환자의 상태를 빠르게 파악하여 중증과 경증으로 분류하는 활동으로 환자의 진료 우선순위 결정과 응급실 의료자원의 할당을 위해 중요한 활동이다. 본 연구에서는 국내 종합병원 응급실의 실제데이터를 기초로 중증도 분류에 따른 진료 프로세스 패턴을 분석하였다. 그 결과 진료 프로세스는 1단계부터 5단계까지 분류되는 환자의 중증도에 따라 체류시간, 진단 및 검사 유형, 타과 협진 유무 등에서 다른 패턴을 보이는 것으로 분석되었다. 특히 환자의 대부분을 차지하고 있는 3단계는 퇴원 비율이 높음에도 불구하고 많은 검사와 협진을 요구하기 때문에 체류시간을 증가시키고 있으며 결과적으로 응급실의 과밀화를 유발시키고 있다. 프로세스 패턴 분석결과는 현재 사용하고 있는 중증도 분류체계의 문제점을 진단하고 개선방안을 도출하는 데 활용될 수 있으며 나아가 국내 환경에 적합한 새로운 중증도 분류체계 개발에 활용될 수 있을 것이다.