학교스키수업 사고시 교원의 법적 책임과 대응에 관한 고찰

김현덕,신현규,백재화 한국학교체육학회 2004 한국학교 체육학회지 Vol.14 No.1

학교스키수업 사고에 대한 대책은 기본적으로 피해자의 구제라는 측면에서 생각해 볼 수 있으며 대부분의 피해자는 학생이지만 본 연구에서의 초점은 학교스키수업 사고 발생시 교원은 사고책임자로서 사고에 대한 법적 책임을 질 수 있는데 그 책임에 대한 피해를 최소화하고 효과적인 학교스키수업을 할 수 있도록 학교스키 수업시 사고에 대한 대처와 구제로서 교원의 법적 책임과 대응 문제를 살펴보고자 하였다. 그래서 학교스키수업 사고시 교원의 법적 책임을 형사, 민사, 행정책임으로 구분하여 그 대응책을 고찰한 결과 다음과 같다. 첫째, 학교스키수업에서 사망이나 중상과 같은 중대사고가 교원의 과실에 의해서 발생한 경우에 있어서 형법 제26장의 과실치사상의 죄에 적용되어 교원은 위험예견의무와 위험회피의무의 태만으로서의 주의의무위반에 의해 형법 제268조 업무상 과실·중과실 치사상죄로서 금고 5년 이하, 벌금 2천만원 이하의 형사책임을 받게 된다. 그러나 학교스키수업시 중대사고로 인한 형사사건으로 기소된 교원은 교원과 학생간의 스키수업에 대한 형법상 허용된 위험의 법리가 적용되는 신뢰의 원칙과 스포츠의 특수성으로서 위험수인설, 자기과실설, 그리고 불가항력설을 근거로 법적 대응을 할 수 있다고 사료된다. 둘째, 학교스키수업 사고시 교원의 민사책임, 즉 민법상 손해배상의 의무를 발생시키는 원인으로서 위법행위는 채무불이행과 불법행위가 있는데 적용 민법으로는 지도·감독의 과실에 적용되며 법조항은 불법행위에 의한 책임(민법 제750조)과 책임무능력자의 감독자 책임(민법 제755조) 그리고 피용자의 선임 및 사무, 감독의 과실(민법 제756조)을 들 수 있다 그러나 학교스키수업중 사고가 발생하였더라도 교원들의 민사책임에 대한 법적 구제로는 국공립학교의 경우에는 국가배상법과 사립학교 교원의 경우에는 민법 제756조에 의한 사용자책임으로 구제받을 수 있고, 그 외에 스키장의 채무불이행책임과 공작물책임, 그리고 교원지위향상을위한특별법에 의해 민법상 손해배상책임을 구제 받을 수 있다. 셋째, 형사사건으로 기소되면 국·공립학교의 교원은 공무원법에 의해 직위해제되고 행정상책임으로서 징계처분이 내려진다. 사립학교의 교원 또한 사립학교법상의 직무위반으로서 직위해제 및 징계 등의 조치를 받을 수 있다. 즉, 학교스키수업 사고시 형사나 민사책임을 발생시킨 교원은 파면, 해임, 정직, 감봉, 견책, 그리고 직위해제 등의 행정책임을 지게 된다. 그러나 부당하고 불공정한 행정책임시에는 최소소송, 무효 등 확인소송, 그리고 부작위 위법 확인소송 등의 상소를 하여 행정책임에 대하여 구제를 받을 수 있다. 그러므로 학교스키수업시 교원은 이러한 법적책임을 질 수 있기 때문에 형사책임을 지는 위법적인 과실이나 민사책임을 지는 지도·감독의 과실을 범하지 않도록 각별히 주의를 기울여야 한다. This study was to consider about criminal, civil , and administrative liability and confrontation of the teaching staff on accident case of snow skiing instruction of school and university. Therefore, We could find out conclusion following; First, the teaching staff on accident case of snow skiing instruction of school and university be assume criminal liability of professional negligence by criminal law article 268. Therefore, the teaching staff on occasion of snow skiing instruction of school and university be act according to reason and rationality on any case, and they could be cope with criminal liability as basis of principle of trust about skiing instruction between teacher and student because skiing equal dangerous activity on criminal law, and speciall caracteristics of sports. Second, the teaching staff on accident case of snow skiing instruction of school and university be assume civil liability of fault of guidance and inspector by civil law article 750·755·756. Therefore, legal relief of the teaching staff about compensation for damage of civil liability on accident case of snow skiing instruction of school and university is national reparation law, employer responsibility by civil law article 756, liability of default on financial obligations and structure, and special law for rise in position of teacher. Third, the occurring teaching staff that criminal liability or civil liability on accident case of snow skiing instruction of school and university be assume administrative liability of dismissal, release from office, suspension from office, pay cut, reprimand, and revocation of position etc. In Conclusion, the teaching staff on occasion of snow skiing instruction of school and university cannot act acording to illegal professional negligence assumed criminal liability and fault of guidance and inspector assumed civil liability.

리더쉽에서의 컨틴젼시 模型에 관한 硏究

尹德顯 충남대학교 경상대학부설 경영경제연구소 1980 경영논집 Vol.2 No.1

광합성 세균에 대한 연구 : II. 야생형 Rhodos pirillum rubrum에 의한 수용성 색소의 생산

오덕철,이현순 제주대학교 1984 논문집 Vol.17 No.-

1. Korean strain of wild type of Rhodospirillum rubrum excretes water-soluble pigments into the medium when grown anaerobically under light. 2. The absorption spectrum of the supernatant medium shows peaks at 392.5 (main peak), 500,535 mp together with shoulders at 370, 555 mp. 3. Water-soluble pigments show pinkish-orange fluorescence under short-wave ultraviolet light. 4. The optical density of the supernatant medium increases markedly with time when aerated under dark, room temperature. 5. The culture of R. rubrum shows no distinct differences in the excretion of water-soluble pigments when cultured in orthophosphate or pyrophosphate medium as inorganic phosphate source. 6. It is postulated that the water-soluble pigments excreted by the wild type of R rubrum are mixture of a few kinds of porphyrins.

철강업체와 용접봉 제조업체에 근무하는 생산직 근로자의 직업성 요통 유병률과 관련 요인

임현술,김수근,김덕수,김두희,이종민,김양호 大韓産業醫學會 1999 대한직업환경의학회지 Vol.11 No.1

A cross-sectional study was conducted for detecting the risk factors and to propose an effective control program for occupational low back pain. The subjects were 1,665 male production workers employed at a steel factory and a welding material manufacturing factory. The data were collected by a self-reported questionnaire and a medical examination with a rehabilitation specialist for ten days in September, 1997. The contents of the questionnaire were as follows: general characteristics, physical characteristics, employment status, type of work, working environment and the experience of low back pain. The number of cases with symptoms of occupational low back pain were 321, so the point prevalence was 19.3 persons/100 persons. The number of cases with a history of occupational low back pain for one year were 554, so the one year period prevalence was 33.3 persons/100 persons. The point and one year period prevalences of occupational low back pain showed no significant differences in age, marital status, educational level and body mass index. The point and one year period prevalences of occupational low back pain showed no significant differences in alcohol drinking, smoking, stretching exercise and regular exercise. The point and one year period prevalences of occupational low back pain were significantly higher in the unsatisfied group that the satisfied group (p<0.01). However, no significant differences were found among tenures and shift work. The point and one year period prevalences of occupational low back pain were significantly higher in the lifting of heavy materials group than the nonlifting group(p<0.01). However, no significant differences were found among posture of the waist and the working posture. Through the multivariate logistic regression, significantly associated factors with occupational low back pain were found to be dissatisfaction with job (point prevalence: OR=1.78, 95% CI: 1.21-2.61: one year prevalence : OR=1.76, 95% CI: 1.26-2.47), lifting of heavy materials(point prevalence OR=1.94 95% CI : 1.44-2.61; one year prevalence: OR=2.17, 95% CI : 1.70-2.77) and tenure (point prevalence : OR=1.03, 95% CI : 1.01-1.06; one year prevalence : OR=1.02, 95% CI : 1.00-1.05).

몇가지 β-lactam 항생제의 약효평가를 위한 Minimum Inhibitory Concentration(MIC)의 비교

洪淳德,金鐘國,李東善,河相哲,李相瀚,李載蘭,安賢淑 慶北大學校 1991 論文集 Vol.51 No.-

In order to screen the new β-lactam antibiotics for clinical use. we were compared MIC values of various β-lactam antibiotics. We also tested the influence of pH, inoculum size, stability of antibiotics in medium and some kinds of media on MIC value. As a result, cefotaxime, cefoperazone, piperacillin, cefamandole, cephaloridine, cephapirin, cefazolin, cephalothin, cephaioylycn were scored in antimicrobial activity of MIC data.

月出山 一帶의 高等菌類

趙德炫 又石大學校 1988 論文集 Vol.10 No.-

채용시 건강진단에서 요ㆍ천추부 단순 방사선 검사의 평가

임현술,김수군,김덕수,이현경,최대섭 대한산업의학회 2000 대한직업환경의학회지 Vol.12 No.2

Objectives : A study was conducted for investigating the status of simple X-rays on lumbo-sacral regions at pre-employment health examination and analysing the effectiveness of simple X-rays on lumbo-sacral regions. Methods : The study data were pre-employment health examination data in a university hospital from Jan 3, 1993 through October of 1997. And, 97 newly employed workers who claimed no low back pawn at pre-employment health examination of a certain company were follow-up survey about low back pain and related factors in April, 1995 and October of 1997. The data were collected by a self-reported questionnaire and a medical examination with a rehabilitation specialist. Results : 1. Taking the simple X-rays on lumbo-sacral regions was 1,591 workers (10.5%) among 15,166 pre-employment health examination from Jan 3, 1993 through October of 1997. And yearly application rates of these X-ray tests have been significantly statistical increasing (p〈0.01). 2. The abnormal findings of simple X-rays on lumbo-sacral regions at pre-employment health examination were 40 workers. But, there was not significantly statistical difference between normal and abnormal group for the complaint rate of low back pain. 3. The number of case with symptoms of low back pain at the follow-up survey were 46, so The incidence density was 37.1 persons/ 100 person-years. And the incidence density was not significantly statistical difference between normal and abnormal group of simple X-rays on lumbo-sacral regions. 4. Through the multivariate logistic regression, significantly associated factors with low back Pain were found to be tenure(OR=0.36, 95%CI : 0.17-0.79), lifting of heavy materials (OR=5.86, 95%CI : 1.58-21.74) . Conclusion : The simple X-rays on lumbo-sacral regions at pre-employment health examination is required further research for utilizing pre-employment health examination according to above results.

수컷 생쥐의 정자두부 미세구조에 대한 Chlorambucil의 영향

김덕훈,고복현 동국대학교 2007 慶州大學論文集 Vol.9 No.-

남자 중량급 유도선수들의 체지방량 추정에 관한 연구

남덕현,민성호 龍仁大學校 武道硏究所 2004 武道硏究所誌 Vol.15 No.1

The purpose of This study aims to examine prediction of the body fat weight in judo middle weight players. The experiment was conducted on the 30 male judo middle weight players in yong in university. The 3 types of calipers of Harpenden, Skyndex and Lang are used to measure the 4parts, and then I calculated the reliability, the validity and compared the difference in the measurements between the types with the result. The average and the standard deviation of all the result of the experiment were calculated by SPSS v.11.0 for Windows. With the data, I examined the difference of the reliability (represented by Pearson 's r) between the types, and that of validity with the correlation coeffients by a part. As well, I compared the difference of the measurements by a part between the types using the One-way ANOVA. I found out the following through the analysis. First, There is a significant difference in the averge of the repetea measurements of body 4 parts in Harpenden and Lange, Skyndexand Lange. second, The harpenden prediction of the body fat weight calculated from the measurements were as follows: Y=15.982+(Triceps×0.321)+(Front thigh×0.229)+(Subscapular×0.936)-(Abdominal x1.092) Third, The skyndex prediction of the body fat weight calculated from the measurements were as follows: Y=15.610+(Triceps×0.349)+(Front thigh×0.221)+(Subscapular×0.939)-(Abdominal ×5.658) Forth. The Lange prediction of the body fat weight calculated from the measurements were as follows: Y=15.417+(Triceps×0.327)+(Front thigh ×0.196)+(Subscapular×0.851)-(Abdominal×0.950)

스포츠가 古代 그리스의 文化에 미친 影響

김현덕 師範大學 體育硏究所 1999 서울大學校 體育硏究所論集 Vol.20 No.1

Oriental culture was expressed negatively in ancient Greek mythology. Oriental culture was seen here as an object for conquest and the mythology encompassed a consciousness which challenged the authority of the Orient. In addition to games in mythology, the four pan Greek games played at religious festivals and a number of other games seen in local religious festivals were considered part of religious ceremonies wherein the Greeks worshipped their respective Gods. In this way games came to be closely associated with religion. Just as an oracle played an important role in politics, society an military affairs in those days, games as a form of religious ceremony had a significant influence on society. The earliest sports activities that were held in Greece were the funeral games described in mythology presumably around 2000 B.C. In ancient Greece which formed the basis of later European civilization, sport included a desire for personal fame as reflected in the social values of personal freedom and individualism. This trend was largely seen from 600 B.C. on but had existed in funeral games and games held in religious festivals before that time. With the collapse of Aegean civilization, which was influenced by oriental culture, the impact of this culture disappeared and while sports were practiced in the form of different games, the meaning of sport was conveyed through mythology. The ancient Greeks were able to satisfy their desire for personal fame through sport due to characteristics of sport and society at that time, that is, the sport could be freely participated in and the individual nature of sport provided the opportunity to experience freedom and attain glory. The games and sports events held by the Greeks had a militaristic element but were not intended for military purpose. Games, which were developed as religious events, took on significance as a ritualized challenge to the Gods and a competition of superiority wherein the human body was related to sport through the arts where a human being harmonized in body and soul could be realized and this, it was thought, would lead to an ideal society. Sport then became a main subject of Greek art and followed the development of a monarchy into an aristocracy and the aristocracy into a democracy. Sport was also both a means and an aim in ancient Greece. This is demonstrated in the fact that, the ideal human image at the time could be found in sports. Ultimately, it can be shown that the first political and intellectual democracy was able to develope due to the fact that sport formed the basis of political, social, artistic and educational development.