理事의 自己去來

韓光錫 順天大學校 1984 論文集 人文社會科學篇 Vol.3 No.-

Director is a member of the board of directors which manages, executes and controls the business of the company in the company law. And his legal relation with the company can be said to be the mandate. Therefore he has to do his duty with care, skill and diligence as a manager. Such examples with his duty of care, skill and diligence, the company law doesn't allow to deal with the same business and limits the transaction between director and his company. In anglo-american Law, director's duty of care has been escalated to the fiduciary duties through the development of the judicial procedents. In the fiduciary duties, company law restricts directors managing the corporate affairs which are doubted to cut the interest of the company besides above two limitation. In this thesis, I have studied various procedents and theories which explained the substance of the limitation for the interest of the company concerning to the director's actions for business and which concluded to balance the protection between the interest of the company and the safety of transaction.

E-politics와 한국 정치문화

호광석 부산대학교 한국민족문화연구소 2006 한국민족문화 Vol.28 No.-

This paper deals with the characteristics of political changes in information society and Korean political culture. There are many theoretical debates on the changes of information society and itself. And optimism and pessimism coexist among scholars who describe political changes in information socy' Although it has elements of direct democracy, we can not assert that it is a democracy for very different views. In consequence of that, it is better to call it for 'caber politics' or 'e-politics' than for some democracies. This paper employs the terminology of 'e-politics' which represents the political aspects by the information and communication technologies in information society. A characteristic of e-politics is participant political culture and it likes to Ronald Inglehart's concept of the post-modem political culture based on postmaterialist value systems. In Korea, it is true that the spread rate of internet rise and the aspects of e-politics spread widely. The influences of `the Internet' on election are increasing more and more. Several study's analyzing the 17th National Assembly Election in 2004 show that 'the Internet' and online political activity increased electoral concern and influenced voting participation directly or indirectly. Although voting rate is low, the level of political concern and interest is high in that election. That is a characteristic' of the participant political culture of e-polity's and Inglehart's post-modern political culture. This paper finds the post-modern political culture has begun to emerge in contemporary Korea which entered into information society. In conclusion, Korean political culture is expanding into participant political culture with the spread of e-politics.

전문지식노동자의 불안정취업에 관한 연구 : 한국의 대학강사를 중심으로

형광석 全南大學校企業經營硏究所 1993 産業經濟硏究 Vol.16 No.1

Recently employment of the part-time lecturer as a significant force of Korean higher education has become a controversial issue. Even thoucontroversial issue Korean higher education. Even though the situation he becomes more and more serious as Korean higher education expands, there has not been very much research on this issue. In particular, it is difficult to find research on the topic from the perspective of labor problems. This paper analyzes the employment status of part-time lecturer. Introducing the theory of unstable employment which is based on the theory of relative surplus-population, the paper has examined if he is an unstable laborer really subordinate to the education capital, and if he is legally teaching staff. The analysis illuminates the following factors : (1) Since 1980, the number of part-time lecturers has increased a lot. Especially, he takes charge of about 50% of the all lecutres in the private higer education institutes, (2) His social position as a teacher is not assured because he is not legally a member of the faculty. As legal laborer he would receive several allowances and benefits, bonus and retirement pay. So in reality he is not treated as a teacher or a laborer. (3) He is surplus with regard to the average needs of the self-expansion of education capital. That is, he is the 'full-time faculty's reserve army' to meet with the increasing demand of faculty. (4) He contributes to the deteriorating teaching and research conditions. He is forced to accept a wage under the minimum cost of living, has no vacation pay, and his conditions are unstable. Like a subcontracted worker, he is in charge of the large common lectures requiring a large expenditure of energy. His presence is abused by the education capital to fire full-time faculty at will. To sum up, even though the part-time lecturer has much school career and intellects, he is in the unstable employment as a part of the over-populated with regard to the average needs of education capital and comes to be a basis of the education capital influencing the full-time faculty's conditions. social status and remuneration. These points are consistent with the notion that part-time lecturers are produced and used by the education capital to divide and rule the faculty and teaching staff. One limitation of this study is that this research does not discuss the role of the state in creating the current situation of the part-time lecturer. This will be the subject of future research.

한국의 산업 재해 현황과 국가정책

형광석 全南大學校企業經營硏究所 1991 産業經濟硏究 Vol.14 No.1

Despite a lot of interest in the Industrial Accident (hereafter I. A.), there has not been much research on it. This paper examined that the reasoning of capital went through in the process of outbreaks and treatments with I. A. and that there was a close relationship between the intervention of the state and the I. A. Conclusions derived in the paper include : (1) although indicators of the I. A. in Korea has been higher than those in other countries, they have a tendency to decline. In manufacturing industries the severity rate of injury in the I. A. however, has risen, although the frequency rate of injury and the ratio of casualties per 1000 workers have been fallen. (2) indicators of the I. A. and its severity have risen in the firms having less than 50 workers and the companies employing more than 1000 workers. The paper divided the period from the 1960s into 3 subpeniods to examine the relationship between the state policy and the I. A. In the early period of industrialization, several laws regarding the I. A. was legilated to foster capital accumulation. The state has actually left the I. A. as it is. In the period of the heavy and chemical industrialization, because of the introduction of the industries that might be characterized by high hazard rate and the severe oppression of the labor movement, the I. A. increased. Since mass production system established in the 1970s, the I. A. phenomenon has changed. Although the frequency rate of injury and the ratio of casualties have declined, the severity rate of injury in the I. A. has risen. The state began to have some interest in the I. A. in many ways. The paper does not discuss workers' response to the I. A. It will be future research agenda.

韓國 製造業 部門의 産業災害 決定要因 推定

형광석,조삼용 全南大學校企業經營硏究所 1994 産業經濟硏究 Vol.17 No.1

The Occupational Injuries(hereafter O. I.) is serious problem in Korea. In 1991, about 6 workers died, and 127 thousand working days were lost from O. I. per day on the average. The total economic loss amounted to 8.4% of government expenditure. Meanwhile few economic reserches have been dome on the O. I. in Korea. The existing theories consider the O. I. as an individual problem which results from the individual optimal choice. Therby, they fail to see the social characters of the O. I. and to analyze interactions among the capital, the lavbor, the state. This paper aimed to show the determining factors of O. I. in the manufacturing sector, which is leading sector in economic development of Korea and amounts to 50% of all industrial O. I., and the internal dynamics among the capital, the labor, and the state in Korea. The major findings are as follows : ① the work hours positively have influences on the O. I. The capital-labor ratio and the labor productivity have few influences on the O. I. ② Technology plays a important role in the decreasing of O. I. But it whould be a factor that raises the severity of the O. I. ③ In Korea, increasing of the O. I. correspond to the situation on the suppressing labor control by the state. ④ The O. I. in the heavy-chemical industry is more serious than that in the light industry. The determinants of the O. I. in the manufacturing sector are work hours, the capital labor ratio, labor productivity, technology, industrial property. In conclusion, the O. I. was the products of the internal dynamics of the capital, the labor, and the state.

혈우병 환자에 동반된 자발성 후복막강 출혈

김광일,김동호,우상민,이석주,김홍성,조인성,윤환중,조덕연,김삼용 충남대학교 의과대학 지역사회의학연구소 1997 충남의대잡지 Vol.24 No.1

Spontaneous retroperitoneal hemorrhage due to hemophilia A with impaired coagulopathy is very rare. Spontaneous retroperitoneal hemorrhage has been recorded as having originated from many retroperitoneal organs and blood vessels, and it may be due to local and/or systemic factors. In the majority of the patients, kidney and adrenal gland were the major site of hemorrhage. The systemic causes of spontaneous retroperitoneal hemorrhage are anticoagulation therapy and chronic hemodialysis. During the course of these treatments, hemorrhagic complications may occur at many site, including the retroperitoneal space. Blood dyscrasias including leukemia, polycythemia, sickle cell trait and hemophilia have been reported associated with spontaneous retroperitoneal hemorrhage. We report a case of spontaneous retroperitoneal hemorrhage occurred in a gemophilia A patient with brief review of literature

백제 무령왕릉 및 송산리 5.6호분의 현황과 보존대책

김광훈,최석원,정상만,서만철,이금배,이남석 公州大學校 基礎科學硏究所 1998 自然科學硏究 Vol.7 No.-

무령왕릉을 비롯한 송산리 고분군의 5호분 및 6호분의 발굴이후의 변화상황, 고분구조의 벽체거동 상황 및 구조안전, 누수현상, 고분 내에 서식하는 조류문제, 고분내 습기 및 결로현상 제거를 위한 공기조화시설 등을 포함하는 종합정밀조사를 1996년 5월 1일 부터 1997년 4월 30일 까지 1년간 수행하였다. 무령왕릉 및 6호분 벽돌깨김 상황 조사결과 1972년과 l996년을 비교하여 보면 벽돌파손율이 각각 2.5배와 2.9배로 증가하고 있다. 1972년 상황은 약 1450년간 진행된 것이고 l996년의 상황은 불과 24년간 진행된 것임을 감안할 때 고분이 발굴된 이후 벽돌의 균열은 상당한 가속도로 진행되어 온 것이 사실이며 이대로 진행된다면 더욱 더 가속화될 것으로 판단된다. 고분벽체의 거동상태를 계측한 결과 우기에 지하수 유입에 의한 지반의 약화로 인하여 건기보다 2배 정도 거동하는 양상을 보인다. 한편, 무령왕릉 연도 입구의 호벽은 전실쪽으로의 거동이 0.43 mm/myr, 연도쪽으로 2.05 mm/myr의 거동을 보여 무령왕릉에서는 가장 심한 거동을 보이고 있다. 봉분내부의 토양층구조에 대한 지오레이다 영상단면을 분석한 결과 지중의 누수방지층이 심하게 균열되어 있는 것으로 판단된다. 직접누수와 지하수 형태로 유입된 침투수는 고분군 주위의 지반의 함수비를 증가시켜 지반의 지지력을 악화시키고 또한 고문내로 서서히 유입되어 고분내부의 습도를 100% 로 유지시키는 주된 원인이다. 이러한 높은 습도는 고분내의 남조류의 번식을 초래하였다. 이와 같이 고분군의 발굴후 인위적인 환경변화와 지속적인 강우침투 및 배수 불량의 영향은 고분군의 안정성에 상당한 위험을 초래하였으며, 현 상태는 각 고분에 대한 보강이 불가피한 것으로 판단된다. 고분 벽돌의 깨짐, 고분 벽체의 거동, 조류의 서식 등올 포함하여 송산리 고분군에서 발생되고 있는 보존상의 제반 문제점들은 일차적으로 누수 및 침투수에 의한 결과이다. 그러므로 무엇보다도 고분군 내부 및 고분 주변으로의 강우 및 지하수 침투를 막는 차수 대책이 시급한 것으로 판단된다. 또한 이미 발생한 변위가 더 이상, 진행되지 않도록 봉분하중 경감 빛 토압균형을 이루는 보강대책이 시급한 실정이다. The detail survey on the Songsanri tomb site including the Muryong royal tomb was carried out during the period from May 1, 1996 to April 30, 1997. A quantitative analysis was tried to find changes of tomb itself since the excavation. Main subjects of the survey are to find out the cause of infiltration of rain water and groundwater into the tomb and the tomb site, monitoring of the movement of tomb structure and safety, removal method of the algae inside the tomb, and air controlling system to solve high humidity condition and dew inside the tomb. We found that break rate of bricks inside the Murong royal tomb and the 6th tomb had been increased about 250 % and 290 % for just last 24 years from 1972 to 1996, respectively. The situation in 1996 is the result for just 24 years while the situation in 1972 was the result for about 1450 years. Status of breaking of bricks represents that a severe problem is undergoing. The wall movement of tombs is detecting in disadvantageous directions, especially in rainy season. The front wall of the Muryong royal tomb shows the biggest movement having a rate of 2.05 mm/myr toward the passage way. Georadar section of the shallow soil layer represents several faults in the artificial water-protection layer within soil layer. Rainwater flew through faults into the tomb and nearby ground and high water content in nearby ground resulted in low resistance and high humidity inside tombs. High humidity inside tomb made good living condition for algae with high temperature and moderate light source. Artificial change of the tomb environment since the excavation, infiltration of rain water and groundwater into the tombsite and bad drainage system had resulted in dangerous status for the tomb structure. Main cause for many problems including breaking of bricks, movement of tomb walls and algae living is infiltration of rainwater and groundwater into the tomb site. Therefore, protection of the tomb site from high water content should be carried out at fust. Waterproofing method includes a cover system over the tomsite using geotextile, clay layer and geomembrane. Decrease and balancing of soil weight above the tomb are also needed for the safety of tomb structures. Above mentioned preservation methods are suggested to give least changes to tomb site and to solve the most fundmental problems. Repairing should be planned in order and some special cares are needed for the safety of tombs in repairing work. Finally, a monitoring system measuring tilting of tomb walls, water content, groundwater level, temperature and humidity is required to monitor and to evaluate the repairing work.

海事債權

韓光錫 순천대학교 사회과학연구소 1992 社會科學硏究 Vol.4 No.-

Ⅰ. Definitions of Maritime Liens Story, J., in The Nestor says: "The general maritime law giving this lien of claim upon the ship for supplise, makes no distinction between the cases of demestic and of foreign ships, or between supplies in the home port and abroad. A maritime lien does not include, or require, any possession of the thing. it exists altogether independently of such possession. Nobody has supposed, that the lien on bottomry bonds, as for seaman's wages is connected with any actual or constructive possession by the parties, seeking to enforce it in rem." Sir John Jervis in The bold Buccleugh, defined the maritime lien as we use it today:"Having its origin in this rule of the Civil Law, a maritime lien is well defined by Lord Tenderden, to mean a clain or privilege upon a thing to be carried into effect by legal process ; and Mr. justice Story…explains that process to be a preceeding in rem‥This claim or privilege travels with a thing into whoseever possession it may come. It is inchoate from the moment that cliam or privilege attaches, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it first attached." It is a privilege against properth(a ship) which attaches and gains priority without any court action or any deed or any registration, It passes when the ship is sold to another owner, who may not know of the existence of the lien, In this sense the maritime lien is a secret lien which has no equivalent in the common law ; rather it fulfills the concept of a "privilege"under the civil law and the lex mercatoria. Ⅱ. Claims give rise to Maritime Liens and Property incumbranced by a Maritime Lien In the United states various Kinds of claims which has maritime nature, give rise to maritime liens. Thus we recur to the question of what is within the juridiction of the admiralty : what types of structures qualify as "vessels" ; which contracts and maritime contracts ; When a tort is a maritime tort. There can by no maritime lien which does not involve a vessel, it's cargo or freight and arixe out of maritime contract or a maritime tort or some peculiarly maritime operation such as salvage. Claims give rise to maritime liens as follows : Seamen's claims for wages, Salvage, Tort, General Average, The preferred ship Mortgage, Suplies and repairs, Towage, Wharfage, Pilotage, Stevedoring etc., Cargo damage caused by improper loading, stowage, custody etc., Ship's claims against cargo for unpaid freight etc., Charter-parties and Bottomry and respondentia bonds. In England, the broad legal characteristics of a maritime lien are today reasonably wel understood and may be presented in the form of following structured propositions. a maritime lien may by described as: (1)a privileged claim or charge, (2)upon maritime property, (3)for service rendered to it or damage done by it, (4)accruin from the moment of the events out of which the cause of action arises, (5)traveling with the property secretively and unconditionally, and (6)enforced by action in rem. In this sense the claims currently recognized as giving rise to maritime liens are: (1)damage done by a ship, (2)Salvage, (3)Seamen's wages, (4)Master's wages and disbursements, (5)Bottomry and Respondentia. Under Aritcle 861, Paragraph 1, of korean commercial Code, maritime liens is attached to a vessel, the freight, the accessories of the vessel and freight accrued since the commencement of the voyage just as the French system. Ⅲ. Ranking and Priorty of maritime Liens A problem of priorities arises whenever the proceeds of sale of a ship are insufficient to satisfy all claims. The two simplest propostions are that maritime claims outrank non-maritime claims and that maritime lien clims outrank claims which are maritime but not liens. The real difficulty ariese in determining the priorities of liens among themselves and that difficulty is largely attiributable to the fact that there are two guite different criteria which must by applied : liens are ranked both according to class(the general rule is that, except for wage and salvage liens, tort liens outrank contract liens)and according to the time of accrual(the general rule is that all liens within a class rank in the inverse order of accrual-last in time is first in right). Ⅳ. Efficacy of Maritime Liens The material adventage which accrues to a maritime lienee is that from the moment service is rendered to or damage done by an incumbranced res, the lienee is provided with a security for his claim to the value of the res, the fact also that al maritime lienee may proceed in rem against a res means that many of the problems that confront ordinary litigants, such as the inability to trace a defendant, of the residence abroad of a defendant, or the insolvency of a defendant are of much less concern. Maritime lienee has also enjoy a high priority and in circumstances where a multiplicity of competing claims exist against a res the claim of maritime lienee is generally the first to be satisfied. The same advantages are also enjoyed by statutory lienees except that a statutory lienee enjoys a lower priority and a more ristricted right in rem. Ⅴ. Assignment or Subrogaton of Maritime Liens British court have traditionally been reluctant to recognize the transfer of a maritime lien Nevertheless there are number of ways in which such are transfer can take place. (1)debts being "choses in action"may be assigned, (2)An assignment of a maritime lien in possible by operation of statute law such as(a) Sect. 38(b) of Bsankruptly Act, 1914, (b) Sect. 1(1) of the Law Reform Act, 1934, (c) Sect. 3(2) Maritime Conventions Act, 1911, (d) Supreme court Act 1981, Sect. 21(6) (3)the assignment by a bottomry bondholder who may endorse over his bond by a third party. American Courts are much more generous in permitting the assignment of liens than are British courts. American Courts, as well devide the subject between "advances" and "assignment" rather than "assignment by force of law" and "assignment by agreement" but the two sets of classification are very similar. Ⅵ. Extinction of Maritime Liens By virtue of the maritime lien being a secret incumbrance which travels with the res unconditionally it is frequently described as an "indeliale" charge. While the adopted epithet is both useful and accurate in the context of its usage, it must not however by pressed too greaty so as to lead to the view that a maritime lien once created is indestructible such a conclusion would by palpably inaccurate for there exist various ways by which a maritime lien may either by extinguished of rendred redundant of effect, and this fact has been consistently recognized by the judiciary in their development of this branch of the maritime law. A maritime lien accrues and then continues ninding on the ship until it is discharged, either by being satified or from the laches of the owner, of in any other way which, by law, it may be discharged. Ⅶ. Conclusion Korean commercial Code stipulates maritime liens according to the 1926 cnvention But in the realm of maritime liens the disharmony in the various martime jurisdictions has centered not around the existence or absence of the concept but in the diversity of its ambit of operation and in the ranking of claims in the nature of maritime liens. Significant differences may also exist in the manner in which maritime lien are ranked between themselves and in relation to other competing claims. The major role in the process of attempting to achive a uniform law of maritime liens has been played by the Comit'e Maritime Intemational Convention for the Unification of Certain Rules of Law Relating to Maritime Liens and Mortages 1926 at Brussels, the second, Bearing the same title as the first presented and signed 1967 at Brussels. The 1926 convention has been the subject of an ever increasing number of cirticisms of a varying and simetimes conflicting nature. At provisions of mrtime liens in Korean Commercial Code, Korea adopted the 1926 convention, but 1967 convention has been affluneced many developing countries, Korean Commercial Code has to accepted 1967 convention to reform maritime liens and to reestablish of a regime that would facilitate funding of favorable terms for the construction and purchase of ships.

직장에 발생한 원발성 악성 흑색종 1예

이석주,김광일,김동호,김홍성,우상민,최덕례,정현용 충남대학교 의과대학 지역사회의학연구소 1997 충남의대잡지 Vol.24 No.1

An extremely rare case of primary melanoma involving only rectum is reported. This 59 year-old male patient was admitted to the hospital because of hematochezia, difficulty of defection. Endoscopic examination and radical excision showed polypoid lesion with ulceration which measured 6x6x3cm in 2cm from the anal verge. Histopathologic, H&E stain and electron microscopic examination(EM) were performed from endoscopic biopsies and excisional mass. We are reporting a case primary rectal melanoma with brief review of literature.

會社의 權利能力에 관한 硏究

韓光錫 순천대학교 사회과학연구소 1992 社會科學硏究 Vol.4 No.-

Korean Civil Law stipulate the legal capacity of legal person on article 34. To this stipulation, the "corporate powers" is strictly restrained with the purposes of the corporation. When the manager of the corporation deals with the third party beyond the purpose of the corporation, the corporation does not responsible for this dealings unless the manager responsible for it. To the view of the security of the dealings, this is a very dangerous for the third party. For this reason two outstanding theory has been appeared ; One is to support the article 34of Civil Law is appricated the corporation. The other does not agree that the article is appricated the corporation. Corporate power is restrained by the article 34 of Civil Law beacuse Civil Law is appricated Commercial Law if any there is no stipulation to exclude the article 34 of Civil Law. But to protect the security of dealings we may extend the meaning of purpose which is described in the article 34 of Civil Law. The purpose of the article 34 of Civil Law is explained that the dealings which is both suitable for the purpose of the corporation and good directly of indirectly for the purpose of the corporation.