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      • KCI등재후보

        2018年日本民法(相続法)改正の必要と今後の課題

        Habu Kaori 서강대학교 법학연구소 2019 서강법률논총 Vol.8 No.1

        This paper will review the outline of the Japanese Civil Code(Inheritance law) revision in 2018 and future challenges. First of all, the amendment law newly established the right of a short-term residence and that of the residence for a spouse for the residence protection of a surviving spouse. First, the spouse's short-term residence is the right that the wife can use the building free of charge for a certain period of time until the attribution of the building is confirmed by the inheritance partition after the death of her husband. Second, spousal residency means that a spouse has the right to use the building free of charge for a lifetime under certain requirements, such as when a wife has agreed to acquire a spouse's residence status between the wife and the other heirs in the process of inheritance partition, or if the Family Court has found that special care is required for the maintenance of the wife's life. Third, in the case of married couples with a marriage period of 20 years or more, if the husband is a bequest or gift for the building or land on which he resides, it is presumed that he has expressed his intention not to include the value of the residential building or its land in the total inheritance of his wife. In fact, the wife's inheritance will increase more than the other heirs. However, despite the amendment of the Civil Law, the following challenges remain. First, in the case of a short-term residence for a spouse, if the wife does not want to leave the building, there is a risk of delays, and if a child lives in a building owned by the husband, it can be a question of whether the child can be granted short term residency. Second, in case of spouse 's residence, its transfer is prohibited and it is difficult to secure the cost of housing or treatment if the wife wants to stay in a nursing home or hospital for a long time. Third, the presumptive provision of the inheritee only applies the residential building and its site. Therefore, it is excluded from the application if you do the bequest or gift of money or if you do not have a residential building and its land, or if you are renting a residential building and its land. 本論文は, 2018年の日本民法(相続法)改正の概要と今後の課題について見てみよう. まず改正法では, 生存配偶者の居住保護のために配偶者の短期居住権と配偶者の居住権 を新設したが, 第一に, 配偶者の短期居住権は夫死亡後, 妻が遺産分割で当該建物の帰 属が確定するまで一定期間ずっと建物を無償で使う権利をいう. 第二に, 配偶者居住権 は△妻が遺産分割の手続きで妻とほかの相続人の間に妻が配偶者居住権を取得すること に対する合意があった場合, または△家庭裁判所で妻の生活維持のために特別に配慮が 必要だと認める場合など, 一定の要件の下, 妻に一生建物を無償で使う権利を取得する ことをいう. 第三に, 被相続人の意思表示推定規定で, 婚姻期間が20年以上の夫婦の場 合, 夫が妻に居住する建物やその敷地に対する, 遺贈または贈与をすれば, 夫は妻の相 続分総額に居住用建物やその敷地の価額を含まないという意思を示したものと推定し, 実質的に妻の相続分は他の相続人より増加する. しかし, 民法改正にもかかわらず, 次のような今後の課題が残っているところ, 第一 に, 配偶者の短期居住権の場合, 妻が建物から立ち退きを望まない場合, 短期居住権の期限の到来が遅れる恐れがあり, 子どもが夫の所有している建物に居住した場合に子どもにも短期居住権が認められるのか, という問題が生じる. 第二に, 配偶者居住権の場合は譲渡が禁止されており, 妻が老人ホームの入居または病院に長期入院する場合, 入居費用や治療費用の確保に困難がある. 第三に, 被相続人の意思表示推定規定の場合は, 居住用建物とその敷地だけを対象としているので, 金銭を遺贈または贈与した場合, 居住用建物とその敷地を持っていない場合, 居住用建物とその敷地への賃貸の場合は適用から除外されるという点である.

      • KCI등재

        2018年日本民法(相続法)改正の必要と今後の課題

        羽生香織(Habu Kaori) 서강대학교 법학연구소 2019 서강법률논총 Vol.8 No.1

        This paper will review the outline of the Japanese Civil Code(Inheritance law) revision in 2018 and future challenges. First of all, the amendment law newly established the right of a short-term residence and that of the residence for a spouse for the residence protection of a surviving spouse. First, the spouse`s short-term residence is the right that the wife can use the building free of charge for a certain period of time until the attribution of the building is confirmed by the inheritance partition after the death of her husband. Second, spousal residency means that a spouse has the right to use the building free of charge for a lifetime under certain requirements, such as when a wife has agreed to acquire a spouse"s residence status between the wife and the other heirs in the process of inheritance partition, or if the Family Court has found that special care is required for the maintenance of the wife"s life. Third, in the case of married couples with a marriage period of 20 years or more, if the husband is a bequest or gift for the building or land on which he resides, it is presumed that he has expressed his intention not to include the value of the residential building or its land in the total inheritance of his wife. In fact, the wife"s inheritance will increase more than the other heirs. However, despite the amendment of the Civil Law, the following challenges remain. First, in the case of a short-term residence for a spouse, if the wife does not want to leave the building, there is a risk of delays, and if a child lives in a building owned by the husband, it can be a question of whether the child can be granted short term residency. Second, in case of spouse`s residence, its transfer is prohibited and it is difficult to secure the cost of housing or treatment if the wife wants to stay in a nursing home or hospital for a long time. Third, the presumptive provision of the inheritee only applies the residential building and its site. Therefore, it is excluded from the application if you do the bequest or gift of money or if you do not have a residential building and its land, or if you are renting a residential building and its land.

      • KCI등재

        CAD/CAM splint based on soft tissue 3D simulation for treatment of facial asymmetry

        Tominaga, Kazuhiro,Habu, Manabu,Tsurushima, Hiroki,Takahashi, Osamu,Yoshioka, Izumi Korean Association of Maxillofacial Plastic and Re 2016 Maxillofacial Plastic Reconstructive Surgery Vol.38 No.-

        Background: Most cases of facial asymmetry involve yaw deformity, and determination of the yaw correction level is very difficult. Methods: We use three-dimensional soft tissue simulation to determine the yaw correction level. This three-dimensional simulation is based on the addition of cephalometric prediction to gradual yaw correction. Optimal yaw correction is determined visually, and an intermediate splint is fabricated with computer-aided design and computer-aided manufacturing. Application of positioning devices and the performance of horseshoe osteotomy are advisable. Results: With this procedure, accurate repositioning of jaws was confirmed and patients obtained fairly good facial contour. Conclusions: This procedure is a promising method for a widespread, predictable treatment of facial asymmetry.

      • KCI등재

        Czochralski법으로 Er2o3이 첨가된 Near Stoichiometric 조성 LiNbO3 단결정의 성장 및 특성 변화

        이성문,신동익,김근영,Masayuki Habu,Takeshi Ito,Masakimi Natori,윤대호 한국세라믹학회 2003 한국세라믹학회지 Vol.40 No.8

        Using the Czochralski method, Er2O3 doped near stoichiometric LiNbO3 single crystals were grown 15~20 mm in diameter and 30~35 mm in length for Z-axis. Lattice constants were inspected by the X-ray Diffractometer (XRD) and through Fourier Transform-Infrared Spectrophotometer (FT-IR), it observed absorption band. Also, the distributions of Er concentration were confirmed by the electron probe micro analysis (EPMA). Czochralski법을 이용하여 Er2O3가 첨가된 near stoichiometric조성의 LiNbO3 단결정을 Z-축의 방향으로 직경 15~20 mm, 길이 25~30 mm의 크기로 성장시켰다. X-ray Diffractometer (XRD)을 이용하여 격자상수를 조사하였고, Fourier Transform Infrared Spectrophotometer (FT-IR)을 통하여 흡수밴드를 관찰하였다. 또한 Electron Probe Micro Analysis (EPMA)를 이용하여 결정 내에 Er의 분포를 확인하였다.

      • KCI등재

        Long-term outcomes of progestin plus metformin as a fertility-sparing treatment for atypical endometrial hyperplasia and endometrial cancer patients

        Akira Mitsuhashi,Yuji Habu,Tatsuya Kobayashi,Yoshimasa Kawarai,Hiroshi Ishikawa,Hirokazu Usui,Makio Shozu 대한부인종양학회 2019 Journal of Gynecologic Oncology Vol.30 No.6

        Objective: The present study investigated long-term outcomes of medroxyprogesteroneacetate (MPA) plus metformin therapy in terms of control of atypical endometrial hyperplasia(AEH) and endometrial cancer (EC), and post-treatment conception. Methods: We retrospectively analyzed 63 patients (42 with EC; 21 with AEH) who underwentfertility-sparing management using MPA plus metformin. MPA (400 mg/day) and metformin(750–2,250 mg/day) were administered to achieve complete response (CR). Metformin wasadministered until conception, even after MPA discontinuation. Results: Of the total patients, 48 (76%) had a body mass index (BMI) ≥25 kg/m2 and 43 (68%)showed insulin resistance. Sixty-one patients (97%) achieved CR within 18 months. CR ratesat 6, 8–9, and 12 months were 60%, 84%, and 90%, respectively. During a median followupperiod of 57 months (range, 13–115 months), relapse occurred in 8 of 61 patients (13.1%)who had achieved CR. Relapse-free survival (RFS) in all patients at 5 years was 84.8%. Uponunivariate analysis, patients with BMI ≥25 kg/m2 had significantly better prognoses than didthose with BMI <25 kg/m2 (odds ratio=0.19; 95% confidence interval=0.05–0.66; p=0.009). Overall pregnancy and live birth rates per patient were 61% (19/31) and 45% (14/31), respectively. Conclusions: MPA plus metformin is efficacious in terms of RFS and post treatmentconception. Moreover, metformin may be more efficacious for patients with BMI ≥25 kg/m2.

      • SCOPUSKCI등재

        Czochralski법으로 Er<sub>2</sub>O<sub>3</sub>이 첨가된 Near Stoichiometric 조성 LiNbO<sub>3</sub> 단결정의 성장 및 특성변화

        이성문,신동익,김근영,윤대호,Masayuki Habu,Takeshi Ito,Masakimi Natori 한국세라믹학회 2003 한국세라믹학회지 Vol.40 No.8

        Czochralski법을 이용하여 Er$_2$O$_3$가 첨가된 near stoichiometric조성의 LiNbO$_3$ 단결정을 Z-축의 방향으로 직경 15~20mm, 길이 25-30 mm의 크기로 성장시켰다. X-Ray Diffractometer (XRD)을 이용하여 격자상수를 조사하였고, Fourier Transform-Infrared Spectrophotometer (FT-IR)을 통하여 흡수밴드를 관찰하였다. 또한 Electron Probe Micro Analysis (EPMA)를 이용하여 결정 내에 Er의 분포를 확인하였다. Using the Czochralski method, Er$_2$O$_3$ doped near stoichiometric LiNbO$_3$ single crystals were grown 15~20 mm in diameter and 30-35 mm in length for Z-axis. Lattice constants were inspected by the X-Ray Diffractometer (XRD) and through Fourier Transform-Infrared Spectrophotometer (FT-IR), it observed absorption band. Also, the distributions of Er concentration were confirmed by the Electron Probe Micro Analysis (EPMA).

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