중국 불법행위법의 제정 논의와 그 특징에 관한 일고

李在睦(Lee, Jae-Mok) 중앙대학교 법학연구원 2009 法學論文集 Vol.33 No.2

This article is explained content and characteristics of the latest version of the tort law draft and is looked at the prospect of legislation. According to their legislation intention, China established the contract law and the real right law and currently tort law is codified to be legislation. On the judicial system history which will have significant implications. These are the individual laws are integrated into codification of the Chinese civil law, China's unique political and economic ideology whether it will effectively supported early yet to predict. Currently, China is drafting its tort law and is scheduled to be promulgate the National people's Congress it by March 2010. November 6, 2009, on National people's Congress website is shown a view of tort law draft of People's Republic of China that begin in the opinions of various fields are that disprove these estimate. A permissible range of punitive damages and the maximum of damages, whether or not the recognition of professional responsibility, etc. are still the subject of issues and which is a matter of concern in us.

골재생 과정에서 혈소판유래성장인자-BB와 덱사메타존의 병용 효과

이재목,박진우,서조영,Lee, Jae-Mok,Park, Jin-Woo,Suh, Jo-Young 대한치주과학회 2003 Journal of Periodontal & Implant Science Vol.33 No.4

Bone remodeling results from the combined process of bone resorption and new bone formation which is regulated in part by some of Dexamethasone related proliferation & mineralization of cultured bone cell and polypeptide growth factors such as platelet derived growth factor(PDGF), which has been known to be an important local regulator of bone cell activity and participate in normal bone remodeling. To evaluate the effects of Dex and PDGF on bony healing of calvarial defect in rats, 10 ng/ml PDGF were applied on P group and 10 ng/ml PDGF and $10^7$ M Dex were applied PD group. 4 rats in each group were sacrificed at 7, 14. 21 days after operation respectively, and the tissue blocks were prepared for light microscope with H-E for evaluation of overall healing, with TRAP(tartrate resistant acid phosphatase) for evaluation of osteoclastic activity and with immunohistochemical staining for macrophages. The results were as follows : 1. In all group, healing aspects were progressed from 7 days to 21 days in soft and bony tissue, but complete repair were not observed in bony defect 2. PDGF and control group were showed similar bony healing aspect , but bony healing in combination of PDGF-BB and Dex were observed slower aspect compared to PDGF and control group from early healing times. 3. There were no significant difference on activities of osteoclast and macrophages in bony healing between control and experimental group In conclusion, PDGF were not influenced on bony healing of defect and combination of PDGF-BB and Dex were showed slower healing through early healing times. it was considered that Dex compared to PDGF did influenced on early hone formation factors in healing period

Expression of Matrix metalloproteinase-1 between Simple Chronic Periodontitis and Type 2 Diabetes associated Chronic Periodontitis on Protein level

이재목,Lee, Jae-Mok The Korean Academy of Periodontoloy 2005 Journal of Periodontal & Implant Science Vol.35 No.3

본 연구의 목적은 전신적으로 건강한 치주질환자를 대조군으로 하여 제 2형 당뇨병을 동반한 치주질환자의 치은조직에서 MMP-1의 발현양상을 관찰, 비교하는 것으로 당뇨병을 동반한 경우 MMP-1의 발현양상이 변화되는지의 여부를 연구하였다. 경북대학교 병원 치주과에 내원한 환자 중 검사 및 수술에 동의한 환자로 전선 질환이 없고 부착 소설이 없거나 안정되어 있으며 치은 염증 소견이 없는 환자를 정상조직군, 임상적 치주낭 깊이가 5 mm 이상이고 방사선 사진상 치조골 소실이 분명한 환자를 만성 치주염 환자군, 심각한 전신적 합병증, 감염등의 위험요인이 없고 2형 당뇨병으로 진단받은 환자로서 만성 치주염으로 진단된 환지군 각 8명을 대상으로 하였다. 만성 치주염 환자와 당뇨병을 가진 만성 치주염 환자에서 치은 염증 소견을 보이는 치은조직을 채득하고 액화질소에 넣어 급속 동결고정시킨 후 MMP-1의 발현 양상을 western blot analysis를 통해 관찰하였고, densitometer를 이용하여 상대적 발현을 정량, 각 조직의 ${\beta}-actin$을 이용하여 표준화하여 각 군의 평균치를 비교하였다. 각 군 간의 차이를 one way ANOVA test로 분석하였다. 모든 군에서 분자량 53 kDa의 MMP-1에 상응하는 띠가 나타났으며 정량결과 전신적으로 건강한 치주염 환자군에서 MMP-1의 발현이 당뇨병을 동반한 치주염 환자군과 정상조직군의 치은조직에서보다 높게 나타났으나 통계적으로 유의한 차이는 나타나지 않았다. 치은염증의 존재시 MMP-1의 발현이 다소 증가됨을 관찰하였으나 통계적으로 유의한 수준은 아니였으며, 당뇨병을 동반한 치주염 환자군에서 전신적으보 건강한 치주염 환자군에서 보다 MMP-1의 발현이 감소되는 경향을 보였다. The purpose of this study was to quantify and compare the level of MMP-1 in the healthy or inflamed gingival tissue of patients with or without type 2 diabetic mellitus. We investigated whether mean amount of MMP-1 was changed by chronic periodontitis and type 2 DM. Gingival tissue samples were obtained during periodontal surgery or tooth extraction. According to the patient's systemic condition & clinical criteria of gingiva, each gingival sample was divided into the three group. Group 1(n=8) was clinically healthy gingiva without bleeding and no evidence of bone resorption or periodontal pockets, obtained from systemically healthy 8 patients. Group 2(n=8) was inflamed gingiva from patients with chronic periodontitis. Group 3(n=8) was inflamed gingiva from patients with chronic periodontitis and type 2 diabetes. Tissue samples were prepared and analyzed by Western blotting. The quantitative analysis of MMP-1 was performed using a densitometer and statistically analyzed by ANOVA. MMP-1 was expressed in all samples and an increased MMP-1 level was observed in group 2 compared to group 1 and decreased MMP-1 level was found group 3 compared to group 2, but the differences among 3 groups were not statistically significant. In conclusion, this study demonstrated that MMP-1 levels of inflamed gingiva of systemically healthy patient(group 2) were higher than normal gingiva of systemically health patients and although the severity of gingival inflammation in group 2 and 3 were similar, MMP-1 expression was decreased in diabetic patients than systemically healthy periodontal patients.

MC3T3-E1 세포의 분화에 PDGF-BB와 Dexamethasone 병용 효과

이재목,서조영,김성조,최점일,Lee, Jae-Mok,Seh, Jo-Young,Kim, Sung-Jo,Choi, Jeom-Il 대한치주과학회 2000 Journal of Periodontal & Implant Science Vol.30 No.1

To evaluate the effects of Dexamethasone(Dex), Platelet derived growth factor-BB(PDGF) and combination of Dex and PDGF(DP) on the growth and differentiation of MC3T3-E1 cells, Dex($10^{-7}\;M$) and PDGF(10 ng/ml) in experimental group were added to the cells at the days 5, 10, 15, 20, 25 and examined for cell proliferation activities, DNA synthesis activities, ALP activities and bone nodule formation. The results were as follows : 1. In Dex group, cell proliferation, DNA synthesis and ALP activities were lower until 15 days when compared to the control group. Bone nodules formation were shown at 10 days. 2. In PDGF group, cell proliferation and DNA synthesis activities were higher until 15 days and ALP activities were lower when compared to the control and Dex groups. Bone nodules formation were shown at 20 days. 3. In DP group, cell proliferation and DNA synthesis activities of PDGF were suppressed by Dex and synergistic effects of combination of Dex and PDGF on ALP activities were shown at days 5 when compared to control and Dex groups. Bone nodules formation activities of Dex were suppressed by PDGF.

덱사메타존이 골아유사세포의 성장과 분화에 미치는 영향

이재목,Lee, Jae-Mok 대한치주과학회 1999 Journal of Periodontal & Implant Science Vol.29 No.2

The ultimate aim of periodontal treatment is periodontal regeneration, which necessiates the regeneration of bone tissues. To evaluate the effects of Dex growth and differentiation of MC3T3-E1 cells, cells were seeded in alpha-modified eagle medium containing 10% fetal bovine serum, 10mM beta-glycerophosphate , $50{\mu}g/ml$ of ascorbic acid, with or without $10^{-7}M$ Dex and examined cell proliferation activities, alkaline phosphatase activities, and bone nodule formation until 25days. The results were as follows : 1. In Dex group, cell proliferation activities were lower until 15 days compared to control group. Bone nodules formation were showed at 10 days. 2. In the time-response effect, ALP activities were increased until the 10 days in control groups thereafter decreased and ALP activities of Dex group were lower aspect than control group until the 10 days In this study, bone nodule formation of osteoblast-like cells were accelerated by Dex and cell proliferation activities, ALP activity of Dex group showed lower than control group. Dex was considered that it did suppress initial growth, but accerelate mineralization of osteoblast-like cells.

저농도의 ${\beta}-aminoproprionitrile$이 백서 치주조직에 미치는 영향

이재목,Lee, Jae-Mok 대한치주과학회 1996 Journal of Periodontal & Implant Science Vol.26 No.4

The purpose of this study was to evaluate the effect of low concentrative ${\beta}-APN$ on the periodontal ligament and relationship between lathyrintic bodies and osteoclast cells near the by alveolar bone. Mandibles including teeth and periodontiums of 24 Sprague-Dawley rat was used. ${\beta}-APN$ 0.2g/kg/day soluted in mineral water was administrated for 5 days before sacrifice in experimental group. 3 rats on each day was sacrificed on 1, 3, 7, 11 days after stop administration ${\beta}-APN$. Histologic examination and the activity of osteoclasts by tartrate resistant acid phosphatase was observed. The results were as follows : 1. In experimental group, the The small foci of lathyrintic bodies surrounded by palisading fibroblasts were seen obviously on 1, 3 days and decreased after 7 days. On 11 days, fibroblasts of periodontal ligament similar to control group. 2. The lathyrintic bodies were seen in the middle zone of periodontal ligament of pressured area like furcation area, alveolar crest, bone resorption area than tensioned area of apposition area. 3. In experimental group of 1, 3 days, lathyrintic bodies were much seen in the area that osteoclasts was much distributed area. After 7 days, experimental group was seen the control group. In conclusion, rathyrintic bodies were formed by low concentrative ${\beta}-APN$ chiefly on the pressured area like furcation area, alveolar crest, bone resorption area than tensioned area of apposition side in periodontal tissue and concerned with osteoclast cells.

일본 하자담보책임법의 개정과 입법적 시사점

이재목 ( Lee Jae Mok ) 홍익대학교 법학연구소 2020 홍익법학 Vol.21 No.4

이 글은 하자담보책임에 관한 외국의 입법 동향을 개략적으로 살펴본 후, 금년 4월 1일부터 시행된 일본의 「민법 일부를 개정하는 법률」중 매매 및 도급에 규정된 하자담보책임의 개정 내용을 소개·분석하면서 우리 민법의 해석 및 입법에의 시사점을 확인하고자 한 것이다. 일본 개정 민법은 특정물과 불특정물에 대한 법적 취급의 차이를 제거하였고, 매수인 및 도급인의 권리구제수단을 크게 강화하였다. 매수인의 해제권, 손해배상청구권에 더하여 추완청구권, 대금감액청구권을 신설하였다는 점에서 그러하다. 도급계약에서도 하자담보책임에 관한 특칙규정을 삭제하고, 수급인의 담보책임을 채무불이행책임으로 일원화하여 채무불이행책임에 관한 일반규정, 매매의 담보책임에 관한 규정을 적용받도록 하였다. 이로써 매수인의 권리구제수단이 수급인에게 그대로 적용되고, 단기소멸시효 규정도 삭제하여 권리행사기간을 통일하였다. 주목해야 할 점은 도급계약에 고유한 ‘하자보수에 갈음하는 손해배상’ 규정이 삭제되고, 제415조에 따라 ‘채무이행에 갈음하는 손해배상’이 인정되는 것으로 되었는데, 하자보수가 불능이거나 하자보수를 기대하기 어려운 상황이 발생할 여지가 크므로 종전 규정의 기능이 일정부분 유지될 수 있을 것으로 보인다. 우리 민법은 특정물 하자에 관한 매도인의 담보책임, 수급인의 하자담보책임의 법적 성질을 둘러싸고 여전히 논쟁 중에 있고, 채무불이행책임과 담보책임의 요건과 효과를 엄격하게 구분하는 이원적 규율체계로 인하여 해석 상 논란이 지속되고 있다. 일본 개정민법은 채무불이행책임과 담보책임의 일원화를 위한 민법 개정에 있어 중요한 입법 자료가 될 수 있을 것이다. This paper examines the background, contents, and major issues of the revision of the Japanese Warranty Liability Act, which took effect on April 1, 2020. A key feature of this amendment is that the structure of contract liability, which was previously dualized into default liability and defects liability, has been unified into nonconformity liability. As a result, the dispute over the legal nature of the liability for defects has ended. The revised Civil Law in Japan has many similarities in its structure and content with the BGB, which took effect in 2002. The difference in legal treatment of specific and unspecified objects was excluded, the right to remedy the buyer's and contractor's rights was strengthened, and the right to supplement the buyer's right to claim a reduction in the amount was newly established. In addition, the contractor's liability for defects was unified into a liability for default, and the general provisions for liability for default were applied. As a result, the purchaser's right remedy was applied to the beneficiary as well, and the short-term extinction prescription was deleted to unify the exercise period of the right. The Korean Civil Law is still in dispute over the legal nature of the seller's liability for certain defects and the contractor's liability for defects, and controversy persists in its interpretation due to the dual discipline system that strictly distinguishes the requirements and effects of default liability and defects liability. It is necessary to change the existing dual responsibility structure to a one-way structure that calls contract liability through unified requirements, such as the German and Japanese civil laws. The revised civil law in Japan has much legislative implications for reestablishing the law on defects liability under the Korean Civil Act. We look forward to a fresh start in the discussion of amendments to unify the liability for default and the liability for defect, leading to advanced legislation.

중국 불법행위법(침권책임법)의 주요 내용과 특징

이재목(Lee, Jae Mok) 한국재산법학회 2010 재산법연구 Vol.26 No.3

Tort Law of the People's Republic of China which will be enforced July 1, 2010. was passed in December 26, 2009, on 11th National People's Congress. Tort law is consisted of total 12chapter 92articles including supplementary. The law is the last products that Chinese government is scheduled to be promulgate the Civil Law Codification Project by 2010. This is significance in terms of legislative history that civil law system of China unique socialism administration is constructed fundamental frame. Not only this law is originated from the traditions of the continental law system, but also it incorporates the common law experiences, and sometimes it reflects Chinse traditional legal thoughts. Therefore the system and contents of tort law have various characteristics: firstly, Chinese civil law is based on Pandectensystem, however tort law is stood alone from obligation law. secondly, tort law is separated by general provisions and special provisions. third, special provisions include various type of particular tort therefore application area of tort law is extended. fourth, even if limited, tort law bring in punitive damage system. finally, forms of responsibility are very various etc. It is going to monitor closely with use process of this law and unified process of civil code.

朝鮮王朝의 債權法制度에 관한 硏究

李在睦(Lee Jae-Mok) 한국법사학회 2003 法史學硏究 Vol.28 No.-

유치원 사고로 인한 유아의 인신손해와 민사책임의 귀속관계 -교사의 주의의무위반을 중심으로-

이재목 ( Jae Mok Lee ) 홍익대학교 법학연구소 2016 홍익법학 Vol.17 No.1

Every year, approximately 8,000 kindergarten negligent accidents occur in our nation(ROK). The purpose of this paper is to analyze incidents by types that occurred in nursery institutions(particularly, kindergartens) and elucidate clearly attributable civil liability relationship among involved parties in these accidents. In recent years, The number of accidents in kindergarten has been soaring. In concerned with such accidents, In priority, I reviewed the basis on their legal responsibilities, attributed responsibilities relationship between kindergarten founder(manager) and teacher, the level and range of protection duty between statutory directors and deputy supervisors, responsibility relationship between vicarious liability in civil law and government or local government liability in the State Tort Liability Act etc. In this process, the analysis of the theories and precedents of the Civil Code of Japan may be an comparatively important case study. While describing the characteristics of kindergarten enrollment agreement, I emphasized that the kindergarten founder and teacher``s protection duty(or safe care obligations) is essential in this. By extending the legal basis of liability in order to protect the victims of kindergarten accidents more thickly, I think that the possibility which civil law tort liability and contractual liability can be applied competitively in these accidents has to be opened.