명의신탁과 형사책임

전용선(Yong-Sun Jeon) 숭실대학교 사회과학연구소 2006 사회과학논총 Vol.8 No.-

본 연구는 명의수탁자(이하 ‘수탁자‘라 한다.)가 명의신탁 부동산을 임의로 처분한 경우의 형사책임(횡령죄 및 배임죄의 성부)에 대해 고찰한 것이다. 1995년 3월 30일 제정된 부동산실권리자명의등기에관한법률(이하 「부동산실명법」이라 한다. 법률 제4944호) 제4조 제1항에서는 명의신탁약정은 무효, 동법 제4조제2항에서 명의신탁약정에 의해 행해진 등기의 물권변동도 무효라고 규정하면서도 부동산에 대한 소유권의 귀속(명의신탁 당사자 또는 매도인중 누구에게 있는지)에 대해서는 규정이 없어 이에 대한 해석과 수탁자가 명의신탁 부동산을 임의로 처분한 경우 수탁자의 형사책임에 대해 학자들 사이에 아직도 이견의 폭을 좁히지 못하고 있는 것이 현실이다. 이러한 소모적인 논쟁과 부동산실명법의 입법취지, 현 우리사회에서의 부동산 투기의 병폐 등을 감안하여 부동산실명법을 ‘명의신탁 부동산의 소유권을 수탁자에게 인정한다’라고 개정한다면, 위와 같은 명의신탁 부동산의 소유권에 대한 이견은 해소될 것이고, 그렇다면 수탁자가 명의신탁 부동산을 임의로 처분한 경우의 형사책임에 있어 명의신탁 부동산의 소유권은 수탁자에 있으므로 수탁자에게 횡령죄 및 배임죄의 죄책을 물을 수 없을 것이다. 이와 같다면 세금포탈 및 탈루, 재신은닉의 수단으로의 명의신탁은 현저히 감소될 것이며 이는 부동산실명법의 입법취지와도 맞는다고 생각된다. This thesis is made to consider criminal problems( applicable delict, i.e. dispossession or breach of trust) in the case that the registration trustee (tile person in whose name the registration of real property is made) has disposed of trusted property at his disposal without permission of truster. Resistration of Real Property by Real Owner's Name Act(부동산실권리자명의등기에관한법률) enacted on March 30, 1995 rules that the agreement to trust Registration Name between owner and trustee is void according to the article 4 clause 1 in this Act. Also, the Act rules that transfer of real property executed by the trust agreement is also void according to the article 4 clause 2 in the Act. But the Act does not have any clause which makes any decision that to whom the ownership of real property belongs(vendor, vendee, or trustee). This situation makes lots of theory about the ownership of trusted real property and criminal guilt. To settle this wasteful discussion, and with a view of purpose of the Act "to eradicate speculation in real property", the Act should be supplemented like below: 'the ownership of trusted real property belongs to the trustee.' For the trusted real property belongs to the trustee by means of supplemented Act, the trustee could not be accused of dispossession and/or breach of trust. It is just the trustee that the ownership of trusted properties belongs. The supplemented Act will prevent people from using the Act as means to tax evasion, tax omision, secretion of properties. Also this will correpond with the purpose of Resistration of Real Property by Real Owner's Name Act.

임상화보 : 췌장암으로 오인된 국소형 자가면역 췌장염

전용선 ( Yong Sun Jeon ),이돈행 ( Don Haeng Lee ),정석 ( Seok Jeong ) 대한내과학회 2007 대한내과학회지 Vol.72 No.3

임상화보 : 국소형 호산구성 간괴사

전용선 ( Yong Sun Jeon ),이윤미 ( Yoon Mi Lee ),조순구 ( Soon Gu Cho ),신용운 ( Yong Woon Shin ),김준미 ( Joon Mee Kim ) 대한내과학회 2008 대한내과학회지 Vol.74 No.6

임상화보 : 심막에 발생한 원발성 악성 중피종

전용선 ( Yong Sun Jeon ),이경희 ( Kyung Hee Lee ),조순구 ( Soon Gu Cho ),한지영 ( Ji Young Han ) 대한내과학회 2011 대한내과학회지 Vol.80 No.1

건설사업 계획의 가치체계구축을 위한 영향도 분석 방법

전용선(Jeon Yong-Sun),유정호(Yu Jung-Ho) 대한건축학회 2010 대한건축학회논문집 Vol.26 No.7

South Korea has been decrease amount of people who settled inhabitants in the old town and deteriorate the natural function of cities, such as commerce, culture and welfare. In this reason, It becomes aware of the necessity of the urban regeneration project In addition, it should be considered superior plans like a government's plan, city's plan, when project planners or managers work out a plan for urban regeneration project for successful completion while it is planning the procedure. So in this study, we suggested system that objectives and values of superior plan should be reflected in subordinate plan efficiently. And finally we suggested a method to consider cross-impact relationship between objectives and values of superior plan quantitatively.

음도 고정 시 강도 변화에 따른 일반인과 성악인 발성의 성대접촉률 변화 특성의 비교

김한수,전용선,정성민,조근경,박은희,Kim, Han-Su,Jeon, Yong-Sun,Chung, Sung-Min,Cho, Kun-Kyung,Park, Eun-Hee 대한후두음성언어의학회 2005 대한후두음성언어의학회지 Vol.16 No.1

Background and Objectives : The most important two factors of the voice production are the respiratory function which is the power source of voice and the glottic closure that transform the air flow into sound signals. The purpose of this study was to investigate the differences between trained singers and untrained controls under varying intensity at a constant vocal pitch by simulataneous using the airway interruption method and electroglottography(EGG). Materials and Methods : Under two different intensity condition at a constant vocal pitch(/G/), 20(Male 10, Female 10) trained singers were studied. Mean flow rate(MFR), subglottic pressure(Psub) and intensity were measured with aerodynamic test using the Phonatory function analyzer. Closed quotients(CQ), jitter and shimmer were also investigated by electroglottography using Lx speech studio. These data were compared with that of normal controls. Results : MFR and Psub were increased on high intensity condition in all subject groups but there was no statistically significance. Statistically significant increasing of CQ. were observed in male trained singers on high intensity condition (untrained male : 51.31${\pm}$3.70%, trained male :55.52${\pm}$6.07%, p=.039). Shimmer percent, one of the phonatory stability parameters, was also decreased statistically in all subject groups(p<.001). Conclusion : The trained singers' phonation was more efficient than untrained singers. The result means that the trained singers can increase the loudness with little changing of mean flow rate, subglottic pressure but more increasing of glottic closed quotients.

인천 지역 남자 노인들의 주요 혈관질환들의 유병률과 그 특성에 관한 연구

김장용(Jang Yong Kim),전용선(Yong Sun Jeon),조순구(Soon Gu Cho),공은미(Eunmi Kong),정지은(Ji-eun Jung),박신구(Shin Goo Park),조재성(Jae-Sung Cho),김경래(Kyung Rae Kim),신석환(Seok-Hwan Shin),안승익(Seung-Ik Ahn),조영업(Young Up Cho) 대한외과학회 2010 Annals of Surgical Treatment and Research(ASRT) Vol.78 No.5

Purpose: As Korea is an aging society (WHO classification) and projected to be an aged society in 10 years, peripheral vascular diseases (PVD) in the elderly population has emerged as an important social and medical issue. But their prevalence was rarely reported in Korea. The purpose of this study is to define the prevalence of carotid artery stenosis (CAS), abdominal aortic aneurysm (AAA), and peripheral arterial occlusive disease (PAOD) of lower limb in the Incheon area. Methods: Elderly men (≥65 years) were referred randomly from the Incheon Federation of Korean Senior Citizens’ Association (from Nov 2008 to Sep 2009) to Inha Univeristy Hospital, Incheon, Korea for a PVD screening program. The subjects were screened for CAS and AAA by duplex. CAS was defined as ≥50% internal CAS and AAA as ≥3 ㎝ aortic diameter in minor axis. PAOD of lower limb was screened by measurement of ankle brachial index (ABI); ABI of ≤0.9 was considered abnormal. Results: 1150 subjects were screened including 103 octogenarians (9.0%). Mean age was 72.3±0.2 years. Combined conditions were hypertension (54.3%), diabetes mellitus (25.2%), coronary artery disease (15.6%), dyslipidemia (18.9%), obesity (31.1%) and smoking history (71.7%). CAS was detected in 7.7% (89/1,150) subjects. Thirty-three (2.9%) were diagnosed with AAA. PAOD was detected in 50 subjects (4.4%). Conclusion: Prevalence of PVD in Korea is not lower compared to that of western countries, especially the USA and the UK. A nationwide program for timely detection and treatment for PVD should be developed.

파열된 복부대동맥류의 혈관내치료 치험

김장용(Jang Yong Kim),박근명(Keun Myoung Park),전용선(Yong Sun Jeon),조순구(Soon Gu Cho),홍기천(Kee-Chun Hong) 대한외과학회 2009 Annals of Surgical Treatment and Research(ASRT) Vol.77 No.6

Endovascular aneurysm repairs for a ruptured AAA (EVAR for r-AAA) have been reported with limited results although endovascular aneurysm repairs for elective AAA (EVAR for e-AAA) have shown good early and late results. In this case report, the authors described successful EVAR for r-AAA. A 93-year-old female underwent emergent EVAR for r-AAA. An aortic occlusion balloon was inserted before general anesthesia for hemodynamic stability. Zenith endograft was deployed under general anesthesia. Completion angiography showed no endoleak but there was coverage of the right renal artery. She was discharged 2 weeks after overcoming transient acute renal insufficiency. We concluded that EVAR for r-AAA can be an alternative option for the treatment of ruptured AAA.

범죄혐의자의 신원확보제도에 관한 입법론적 고찰

정진연(Chung Jin-Yeon),전용선(Jeon Yong-Sun) 한국법학회 2008 법학연구 Vol.29 No.-

우리의 형사절차에 관한 법체계는 범죄혐의자에 대한 신원확보를 강제할 수 있는 제도가 전무하다. 그러므로 수사기관에서는 임의동행과 같은 임의수사 또는 무영장 체포와 같은 신병확보를 위한 제도를 활용하고 있는 실정이다. 우리 형사절차법에도 신원확보를 위한 제도를 도입하게 된다면 강제적인 임의동행의 우려를 해소하여 임의수사의 확보 및 영장에 의한 체포의 활용을 기대할 수 있다. 이는 곧 임의수사의 원칙을 천명한 헌법 및 형사소송법의 이념과도 부합하는 것이다. The law of Korean criminal procedure has no systematic physical securement methods for criminal suspects. Therefore, the investigative authorities utilizes such systems as discretionary presence similar to the discretionary investigation or no warrant arrest. The arrest system typically used for physical securement of criminal defendant, is by the means of no warrant arrests rather than identifying the defendant's identity followed by request for appearance, and when the defendant does not comply then arrest the defendant physically for more investigation. This leaves the worries for discretionary presence which is coerced in reality when the elements for no warrant arrest cannot be met and the criminal suspect does not reveal her identity. Thus. Korean criminal procedure has to adopt the physical securement system so as to utilize warrant arrest than no warrant arrest in securing discretionary investigation such as discretionary presence and arrest system. This follows the Constitution and criminal procedure laws that explicate the principals of discretionary investigation.

경부 종물로 발현된 유두 미세 갑상선암

김영모(Young Mo Kim),박선기(Sun Ki Park),신준순(Jun Sun Shin),전용선(Yong Sun Jeon),한창준(Chang Jun Han),조정일(Jung Il Cho) 대한두경부종양학회 2002 대한두경부 종양학회지 Vol.18 No.1

Background and Objectives: Recently the tenn 'papillary microcarcinoma' has been proposed to designate carcinoma of 10 mm or less in diameter. In some cases, cervical lymph node metastasis preceding the occurrence of the primary tumor may be the first and sole manifestation of the disease. The objective of this study is to assess the clinical features of cervical metastasis in papillary microcarcinoma of thyroid glands. Materials and Methods: 9 cases with papillary microcarcinoma with neck metastasis were analyzed retrospectively. 5 cases are men and 4 are women. All patients complained of painless, movable neck mass. The symptom had been present from 1 month to 36 months. We reviewed clinical history, imaging studies, the results of fine needle aspiration, the surgical method, the pathologic results. Results: In 9 cases, no abnormalities of the thyroid gland were shown by imaging studies and thyroid scan. 3 cases were diagnosed by fine needle aspiration cytology. the others were not. Total thyroidectomy and neck dissection were performed in 9 cases and then pathology reports showed 2 case of multiple, 2 case of contralateral single and 5 cases of unilateral single thyroid microcarcinoma. They have no recurrence during follow-up period. Conclusions: Cervical metastasis from papillary microcarcinoma is variable clinical manifestation. The diagnosis of cervical metastasis from papillary microcarcinoma should be considered in patient with neck mass. We recommend total thyroidectomy with neck dissection and postoperative radioactive iodine ablation therapy in neck metastasis from papillary thyroid microcarcinoma.