제천의 의병장 이강년(李康秊)의 위정척사(衛正斥邪) 의식과 문학에 대한 연구

姜玟求 ( Kang Min-koo ) 동방한문학회 2020 東方漢文學 Vol.0 No.82

雲岡 李康秊[1858~1908]은 군사 운용과 전술의 전문가인 무관으로서 민비 시해 사건과 단발령을 계기로 倡義 擧兵한 의병장이다. 그는 경상북도 문경 태생이지만 제천으로 柳麟錫[1842~1915]을 찾아가 그의 문인이 되는 동시에 유인석 의병 부대의 유격대장으로 활약하였다. 또 李恒老[1792~1868]의 『華西集』 간행에도 적극 관여하는 등 학문 연찬에도 힘을 썼으니, 그의 강력한 무장 항쟁은 위정척사론의 이념적 토대 위에서 이루어진 것이다. 이강년은 의병장으로서는 보기 드물게 다수의 詩文을 남기고 있고 그것들의 상당수는 그의 투쟁과 밀접한 관련이 있다. 「聞國變世禍, 漸至板蕩, 不勝憤激, 仍賦一律.」은 거병 즈음의 근심과 두려움, 육체적 고통과 투쟁의 의지가 진솔하게 토로된 작품이다. 「被擒時口號」는 적에게 체포되는 절망적 상황에서도 의연한 결기를 보여준다. 또 「囚在日憲兵所口號」는 헌병소에 구금되어 있으면서 쓴 시로, 구차히 살아남지 않을 것이며 죽어서도 항쟁하겠다는 결연한 의지를 보여준다. 「告訣八域同志」는 옥중에서 전국의 동지들에게 영결을 고하는 글로, 거병의 계기, 무장 항쟁 기간, 戰績, 체포당한 경위, 사형에 직면한 심정, 투쟁의 이념을 기술하고 있다. 이 글에서 이강년은 반역자들이 충신과 선량한 사람들을 무고하게 살해하는 상황에서 양심의 격동을 참을 수 없었던 것이 거병의 원인이라고 밝혔다. 그리고 13년간 2차례 기병하였고 전투 횟수는 30여회, 전적은 왜적 100여명을 죽인 것이라고 하였다. 이강년은 인륜이 사라진 상황에 대하여 심각한 위기의식을 가지고 있었고, 양심에 격동되어 거병하였으며, 존화양이의 의리를 위해 殉死한다는 자부심을 가지고 있었으며, 남은 동지들에게 綱常을 돈독히 하라고 당부하였다. 이것이 이강년이 지닌 위정척사 의식이다. 『雲岡遺稿』에는 15편의 檄文類가 전한다. 그의 격문은 선명한 위정척사의 이념을 기반으로 삼고 있다. 그것들은 군사와 무기, 군자금 조달을 독려하는 격문, 伊藤博文을 통렬히 꾸짖는 격문, 일제의 앞잡이로 온갖 간악한 짓을 일삼는 一進會를 준엄히 꾸짖은 효유문, 각국의 영사관에 일제의 침탈을 고발하고 조국 해방의 타당성을 알리는 통고문, 군대의 기율을 알려 경계하는 글이다. 그중에서 募兵을 목적으로 하는 것이 격문으로서 전형성 갖는다. Ungang(雲岡) Lee Kang-nyeon(李康秊)[1858~1908] was an expert in military operations and tactics as a military officer and he was a the righteous Armies general who raised an army in the cause of justice for Queen Min’s assassination and the ordinance prohibiting topknots. Although he was born in Mungyeong, Gyeongsangbuk-do, he went to Jecheon to visit Yoo In-seok (柳麟錫)[1842~1915] to become his literary man and also served as a captain of Yoo In-seok’s righteous army. He also worked hard at study including being actively involved in the publication of Lee Hang-ro(李恒老)[1792~1868]’s 『Hwaseojib(華西集)』, so Lee Kang-nyeon’s strong armed resistance was based on the ideological basis of Wijung Chuksa(Protect Righteousness and Expel wickedness, 衛正斥邪). Lee Kang-nyeon leaves a large number of poetry and prose as a rare case for the righteous Armies general, and many of them are closely related to his struggle. 「He heard the nation change and the world dizzy, so gradually became confused, and he did not stand the enragement and wrote a poem(聞國變世禍, 漸至板蕩, 不勝憤激, 仍賦一律.)」 is a work in which worries, fears, physical pain and the will of struggle are truly expressed around the time of raising an army. 「Poetry when he was arrested by an enemy(被擒時口號)」 shows a resolute impetuousness even in the desperate situation of being arrested by an enemy. In addition, 「Poetry while he was imprisoned in Japanese military police station(囚在日憲兵所口號)」 is a poem written while in a military police station, it shows his determined will to struggle even if he dies and not to survive wretchedly. 「Tell all over the country comrades before his death(告訣八域同志)」 is written in the prison to bid his last farewell to comrades from all over the country, it describes the cause of raising an army, the period of armed struggle, the record of struggle, the arrested situation, the feeling faced by the death penalty, and the ideology of struggle. In this article, he said that the cause of raising an army was that he could not stand the turbulence of conscience at a time when traitors were killing faithful and good people for no reason. He also said that he raised an army twice in 13 years, fought about 30 times, and killed more than 100 Japanese invaders. Lee Kang-nyeon had a serious sense of crisis about the situation in which humanity had disappeared, and he raised an army by being turbulent of conscience. Also, he was proud of dying for his country for the loyalty of Johnhwa Yangi(Revere China and expel the foreigners, 尊華攘夷) and he asked the remaining comrades to strengthen moral principles. This is the his consciousness of Wijung Chuksa(Protect Righteousness and Expel wickedness, 衛正斥邪). In 『Ungang-yugo(雲岡遺稿)』, 15 manifestos are presented. His manifestos are based on clear ideology of Wijung Chuksa(Protect Righteousness and Expel wickedness, 衛正斥邪). They are the manifestos of encouraging military, weapons and military funds, of scolding Ito Hirobumi(伊藤博文) severely, the persuasion of criticizing sharply Iljinhoe(一進會) which had done all kinds of atrocities as informer of Japan, the notification of accusing Japanese invasion and informing the validity of liberation to consular offices of each country, and the article of informing the discipline of the army. Among them, for the purpose of recruiting the army has typicality as a manifesto.

신이식에서 이식신의 생존분석

오선미,김종학,황평주,구영선,강민규,나기량,김종섭,김성숙,이강욱,신영태,설종구,배진선,손기섭 충남대학교 의과대학 지역사회의학연구소 1997 충남의대잡지 Vol.24 No.2

To investigate the prognostic factors for the survival of transplanted kidney in patients with end-stage renal failure, 59 cases of renal transplantation from September 1986 to Feburary 1997 in Chungnam National University Hospital were analyzed retrospectively. The results were as follows: 1)The mean age of recipients was 33.8 years and that of doners was 38.9 years. The male to female ratio of recipients was 2.5:1, and that of donors was 1.03:1 2) Living related donore(LRD) were 79.6% and living non-related donors were 20.3%. The HLA-identical donors(ID) in LRD were 18.7% and HLA-haploidentical donors(HID) were 61.0%. In living non-related donors(LNRD), mean matched HLA-AB antigens were 1.56 and mean matched HLA-DR antigens were 0.56. 3) The average 5-year patient survival fate was 94%, and average 5-year graft survival rate was 70%. The 5-year graft survival fate of HLA-ID was 100%, and those HLA-HID and LNR were 70% and 36% respectively. 4) Total 33 episodes of acute rejection were found in 45.8% of transplanted patients. The number of acute rejection episode did not show significant difference between LRD and LNRD(P > 0.05). There was no significant difference in MLC between two groups(p > 0.05). 5) In comparison between the 18 patients who lost their graft function in 5 years and 17 patients who are maintaining graft function for more than 5 years, MLC was significantly lower in patients with functioning graft than of patients with non-functioning graft (p < 0.05). The number of rejection episode was also lower in patients with functioning graft than that of the patients with non-functioning graft(p < 0.05). However, there were no significant difference in recepient and donor age and history of pre-transplantation donor specific transfusion between two groups. With the results above, we can speculate that adequate donor selection according to good matched HLA typing and low MLC is very important for graft survival in renal transplantation. Prevention and treatment of acute rejection in renal transplantation is also na important factor for graft survival.

연부조직육종의 수술후 방사선 치료결과

김연실(Yeon Shil Kim),장홍석(Hong Seok Jang),윤세철(Sei Chul Yoon),유미령(Mi Ryeong Ryu),강기문(Ki Moon Kang),정수미(Su Mi Chung),김훈교(Hoon Kyo Kim),강용구(Yong Koo Kang) 대한방사선종양학회 1998 Radiation Oncology Journal Vol.16 No.4

목 적 : 최근들어 연부 조직 육종의 치료방법이 광범위 구획절제에서 사지기능을 보존하는 제한적 수술과 방사선/항암화학요법의 다병용치료로 변환되고 있으며 광범위 수술과 유사한 치료성적을 거두고 있다. 저자들은 수술후 방사선 치료를 시행한 연부 조직 육종 환자를 대상으로 치료 결과 및 실패 양상을 알아보고 관련된 예후 인자를 분석하여 수술 후 방사선치료의 역할을 알아보고자 하였다. 대상 및 방법 : 대상환자는 1983년부터 1994년까지 치료한 60명이었고 모두 추적관찰이 가능했으며 평균 추적기간은 50개월이었다. 원발병소는 상·하지가 35례(58%)로 가장 많았고 체간 12례(20%), 두경부 7례(12%)였으며 병리학적 유형에 따른 구분은 악성섬유구종 14례(23%),지방육종이 10례(17%), 악성신경섬유종 7례(12%) 등 이었다. 전체환자중 6례를 제외하고는 조직학적등급의 분석이 가능했고 grade I, II, III가 각각 27례(45%), 3례(5%), 24례(40%)였다. 수술적 절제는 19례(32%)에서 광범위절제, 36례(60%)에서 변연절제, 5례(8%)에서 국소절제를 시행하였다. 방사선치료선량은 28.8- 80Gy였고 25례에서 방사선치료와 함께 항암화학 요법을 병용하였다. 결 과 : 최종분석 시 실패 양상은 국소재발이 20례(25%), 원격전이 7례(12%), 국소재발과 원격전이를 동반한 경우가 14례(23%)였다. 원격전이한 환자는 구제치료와 상관 없이 모두 사망하였고 국소재발한 환자중 5명이 구제치료에 성공하여 무병생존하였다. 전체환자의 2년 및 5년 국소제어률은 68.0%와 48.7%로 비교적 저조한 결과를 보였다. 국소제어율에 영향을 미친 예후인자는 조직학적 유형, AJCC 병기, 조직학적 등급, 수술의 범위, 수술절연 침범 유무 및 잔존종양 정도, 림프절 전이 유무(p <0.05)였다. 전체 환자의 5년 생존률과 5년 무병생존률은 각각 60.4%, 36.6%였고 평균 생존기간은 89개월이었다. 단변량 분석에 의한 생존률에 영향을 미친 예후인자로는 조직학적 유형, AJCC 병기, 림프절 전이 유무, 조직학적 등급, 수술절연 침범 유무와 잔존 종양 정도 였다. 결 론 : 결론적으로 본 연구 결과 연부 조직 육종에서 제한적 수술과 수술 후 방사선치료로 비록 저조한 국소제어률을 보였으나 사지 절단 혹은 광범위 구획절제와 비교시 유사한 생존률을 얻었다. Purpose : The major goal of the therapy in the soft tissue sarcoma is to control both local and distant tumor. However, the technique of obtaining local control has changed significantly over the past few decades from more aggressive surgery to combined therapy including conservative surgery and radiation and/or chemotherapy. We retrospectively analyzed the treatment results of the postoperative radiation therapy of soft tissue sarcoma and its prognostic factor. Materials and Methods : Between March 1983 and June 1994, 60 patients with soft tissue sarcoma were treated with surgery and postoperative radiation therapy at Kang-Nam St. Mary's hospital. Complete follow up was possible for all patints with median follow up duration 50 months (range 6 - 162 months). There were 28 male and 32 female patients. Their age ranged from 6 to 83 with a median of 44 years. Extremity (58%) was the most frequent site of occurrence followed by trunk (20%) and head and neck (12%). Histologically malignant fibrous histiocytoma (23%), liposarcoma (17%), malignant schwannoma (12%) constitute 52% of the patients. Daily radiation therapy designed to treat all areas at a risk for tumor spread upto dose of 4500-5000 cGy. A shrinking field technique was then used and total 55-65 Gy was delivered to tumor bed. Twenty-five patients (42%) received chemotherapy with various regimen in the postoperative period. Results : Total 4 1 patients failed either with local recurrence or with distant metastasis. There were 29 patients(48%) of local recurrence. Four patients (7%) developed simultaneous local recurrence and distant metastasis and 8 patients (13%) developed only distant metastasis. Local recurrence rate was rather higher than of other reported series. This study included patients of gross residual, recurrent cases after previous operation, trunk and head and neck prima ry. This feature is like ly explanation for the decreased loca l control rate . Five of 29 patients who fa iled only loca lly were salvaged by re- excis ion and/or re- irradiation and rema ined free of disease . Factors affecting loca l control include histologic type , grade, stage , extent of operation and surgica l ma rgin involvement, lymph node metastas is (p <0.05). All 21 patients who fa iled distantly are dead with progress ive disease at the time of this report. Our overall survival results are similar to those of larger series . Actuarial 5 year overall survival and disease fresurvival were 60.4 %, 36.6% respectively. Grade, stage (being close association with grade), residual disease (negative ma rgin, microscopic, gross) were significant as a predictor of survival in our series (p <0.05). Conclusion : Combined surgery and postoperative radiation therapy obtained 5 year survival rate comparable to that of radical surgery.

성인 급성 신부전의 원인 및 예후인자 분석

구영선,장윤경,양종오,강민규,황평주,김종학,나기량,이강욱,신영태 충남대학교 의과대학 지역사회의학연구소 1998 충남의대잡지 Vol.25 No.2

Acute renal failure is a frequent complication in hospitalized patients and is strongly related to the mortality. The Clinical outcome and prognostic factors of acute renal failure(ARF) have been analyzed by many authors. The present study describes the etiologic and clinical aspects, as well as other factors related to mortality. All the patients suffering from acute renal failure admitted during the period of January 1993 - August 1998 were included in the study. The average age of the patients was 52±17 years and mortality rate was 24%. The causes of acute renal failure were hemorrhagic fever with renal syndrome(HFRS), sepsis, renal hypoperfusion, urinary tract obstruction, acute tubular necrosis, etc. The etiology of ARF was a significant prognostic factor on mortality in ARF. Other significant prognostic factors were oliguria, organ failure, use of vasoconstrictors, hypotension, serum bicarbonate, premorbid conditions, sepsis, neurologic complications, gastrointestinal bleeding. On the other hands, operation, sex, anemia, thrombocytopenia, hypoalbuminemia, BUN, serum creatinine, and hyperkalemia were not significant factors for the mortality. We conclude that major prognostic factors of acute renal failure arc premorbid conditions, sepsis and multiorgan failure, and they are responsible for persistent high mortality of acute renal failure despite of advances of medical care.

입법·사법상의 불법과 국가배상에 관한 연구

姜求哲 國民大學校 法學硏究所 2004 법학논총 Vol.16 No.-

Die Amtshaftung ist auf die Verwaltungsbeamten und auf den Bereich der Verwaltung zugeschnitten. Gleichwohl stellt sich noch die Frage, ob und wieweit die Amtshaftungsgrundsa¨ze auch im Bereich der Rechtssprechung und der Gesetzgebung Anwendung finden. Diese Frage geht zwar u¨er den Rahmen einer verwaltungsrechtlichen Darstellung hinaus, soli aber wegen des Zusammenhangs ero¨tet werden. Da der Gesetsgeber und Richter geho¨en auch im Sinne des Beamtes nach Art. 2 des Staatshaftungsgesetzes, muB der Staat auch sich das Fehlverhalten der beiden zurechnen lassen. Die Frage, ob die Staatshaftung die Gesetzgebung (insbesondere sog. legislatives Unrecht), und Judikative (insbesondere sog. Urteil eines Richters) erfaβt, . wird nicht einfach beantwortet, da die Verwaltungsakte mit dem Wesen der anderen unterschiedlich sind. Insofern aber Sonderregelung fu¨ Amtshaftung im Bereich der Rechtsetzung und Judikative fehlt, wird die Staatshaftung an das Verhalten des Art. 2 des Staatshaftungsgesetzes angeknu¨t. Wie oben erwa¨nt, wird die Haftung des Staates fu¨ sog. legislatives Unrecht im Betracht der umfangreichen Gestaltungsfreiheit des Gesetsgebers und der Schwierigkeit der Entscheidung u¨er Verfassungswidrigkeit so stark einengt, Beim Amtshaftung im Bereich der Rechtssprechung fehlen in Korea Sondervorschriften. Nach dem Urteil des koreanischen Obersten Gerichts scheint es wie in Japan, daβ die Rechtsprechungsakte der Richter ohne Unterschied zwischen Urteil, Befehl and Entscheidung gehandelt werden, and daβ der Richter "bei einem Urteil in einer Rechtssache" nur dann haftet, wenn die Amtspflichtverletzung zugleich eine Rechtswidrigkeit darstellt. Nachtra¨lich befindet sich das oberste Gericht in einer Lage, obwohl sich die Amtsverhaltung der Richter die Voraussetzungen der Rechtswidigkeit erfu¨lt, kann derjenige, wer durch den Einspruchsoder Korrigierungsprozeβ gegen den Urteil eigenen Schaden oder Nachteil nicht wiedergutmacht, kann grundsa¨zlich den Rechtsgang zur Staatshaftung nicht einleiten. Dieser Inhalt wird auch in der Gesetzgebung, Rechtsprechung und Lehre in Deutschland und Japan festgestellt, daβ die Staatshaftung im Bereich der Rechtsetzung und Judikative sehr in der beschra¨kten Umfang bejaht wird. Deshalb kann diese Ausnahme nach dem Wesen der Rechtsprechung zugeben, aber fu¨ das Rechtssicherheitsprinzip soll sie durch die A¨derung des Staatshaftungs- oder Parlamentsgesetzes endgu¨tig rechtspolitisch gelo¨t werden.

所謂「아쟝·뿌로보까뛰르」(陷害敎唆)에 관한 形法上의 諸問題

姜求眞 명지대학교 1973 明大論文集 Vol.6 No.-

Entrapment, so-called, is a relatively simple and very desirable concept which was unfortunately misnamed with some resulting confusion. It is socially desirable for criminals to be apprehended and brought to justice and there is nothing whatever wrong or out of place in setting traps to catch those bent on crime; what the state cannot tolerate is having its officers, who are charged with the duty of enforcing the law, instigate crime by implanting criminal ideas in innocent minds and thereby bringing about offenses that otherwise would never have been perpetrated. Thus the primary purpose of this paper is to discuss about the criminal responsibility of the so-called agent provocateur. With regard to the problem whether the agent provocateur should be criminally punishable as the instigator of those who are induced by the entrapment to commit the crime, the opinions among Korean criminal law scholars are divided. The majority opinion argues that the agent provocateur is not punishable, because the criminal intent (dolus) of the agent provocateur is not sufficent to constitute the dolus of the instigator to the crime in question. In the majority opinion the agent provocateur is considered to have no dolus, since he neither desires the consequences of the crime in question, nor consciously permit them to occur. In this regard, the majorty opinion insists upon the theory that the dolus of the instigator to crime should include the intentional desire of the consequences of a crime, apart from the intentional consciousness of the act of the perpetrator. The writer of this article, however, concluds that the agent provocateur should be made punishable. The main resons for this conclusion may be summarized as follows. First of all, the essence of the instigation of a crime consists in creation of dolus on the part of the person who is instigated to commit the crime. Therefore, the dolus of the instigator does not necessarily require the intentional desire of the consequences of the crime. In other words the intent to bring about the decision of another person to commit a crime is enough to form the dolus of the instigator. In this connection, Article 31 of the Korean Criminal Code can be justly understood. It provides: For a person who instigates another to commit a crime (emphasis added) the same punishment shall be applied as one who actually commits the crime. It is evident from the above provision that the instigator does not necessarily have to induce another to Cause the cosequences of the crime, but it is enough for him to commit a criminal act in a broad sense (In this regard, it is not important whether the criminal act of the perpetrator has been completed or not). Secondly, in view of the public policy and in consideration of the purposes of our criminal process, it is not govornment officials' or agents' duty to incite and to creat crime for the sole purpose of prosecuting and punishing it. And then it is unconscionable, contrary to public policy, and to the established principle of our law to punish a man for the commission of an offense of the like of which he had never been guilty, either in thought or in deed, and evidently never would have been guilty of, if the officers of the law had not inspired, incited, or persuaded. With regard to the remaining, but important, question, whether the actor was induced or solicited by the agent provocateur to commit a crime constitutes a defense, the author takes the view that it is a defense unless (1) the idea of committing the crime originated with the actor or co-conspirator and not with the agent provocateur who solicited or induced its commission; or (2) the crime was of a type which is likely to occur and recur in the course of the actor’s business or activity, and the agent provocatur did not mislead the actor into believing his conduct to be lawful and did not use undue inducement or encouragement to procure the commission of the crime. (cf. Wisconsin Judiciary Report on the Criminal Code (1953))

公法上의 結果除去請求權

姜求哲 國民大學校 法學硏究所 2002 법학논총 Vol.14 No.-

Along with the known remedy of compensation or damages, German law has developed the remedy of nullifying the consequences of a breach of duty on the part of the administrative authorities. In a case just after World War II a house was attached on administrative authorities and allotted to a tenant. On the sit of the owner the attachment was set aside but the tenant continued to occupy the house. Otto Bachof argued that on the invalidation of the attachment the owner was entitled to get the vacant house to nullify the consequences of illegal attachment. In a decision of 25 August 1971 the Federal Administrative Court has held that the remedy of nullifying the consequences has its basis in the Basic Law which can be found in the right to freedom or in the requirement of legal basis for any act and can be availed not only against the executed administrative acts but also against simple administrative activities. It can be a be a basis for asking the withdrawal of a defamatory statement in the public law area, or protection against emission from the public enterprises. It may also be availed to set aside the continuing consequences of on illegal act. It is generally accepted in our country that 'the Remedy of Nullifying the Consequences' is assigned to the administrative between-parties. But, on the basis of voices of fait, we can conclude that the remedy can be relieved by the civil courts.

北韓의 裁判所에 關한 硏究

姜求眞 명지대학교 1974 明大論文集 Vol.7 No.-

프랑스의 國家賠償制度에 관한 硏究

姜求哲 명지대학교 사회과학연구소 1986 사회과학논총 Vol.1 No.-

고속망 적합한 NP 기반 인-라인 모드 IDS에 관한 실험

강구홍 서원대학교 미래창조연구소 2004 과학과 문화 Vol.1 No.1

In this paper we propose an In-Line mode network intrusion detection system (NIDS) using Agere network processors, which supports the packet payload inspection to detect the malicious behaviors of attackers based on the well-known attack signatures from Snort, the traffic metering to gather the diverse network traffic statistics via network monitoring, and the packet filtering to protect some specific traffic via access control list. In particular, the mentioned three functions should be done wire-speed under two giga-bit ethernet ports so that we can prevent the intrusions in real-time. We use an industrial PC platform with an x86 processor running Linux, two Gigabit Ethernet ports, and Agere PayloadPlus (APP) 2.5G NP solution. In this prototype system we adapt a two-level searching scheme for guaranteeing fully the wire-speed intrusion detection operation and getting rid of the weakness of In-line mode NIDS, which separates the packet forwarding and the packet payload inspection. We believe this paper describers the approach and presents a first experimental evaluation of NP effectiveness for NIDS.