積荷保險에서의 船舶不耐航에 대한 擔保違反適用의 問題

宋熹永,都重權 건국대학교 1995 學術誌 Vol.39 No.1

The ship which is most important of shipping business shall be seaworthy, i.e., reasonably fit in all respects to encounter the ordinary perils of the adventure. Unless the policy otherwise expressly provides, every voyage policy on hull or goods contains an implied warranty that the ship shall be seaworthy for the voyage when she sails, by which is meant that she shall be in a reasonably fit state as to repairs, equipment crew, and all other respects to encounter the ordinary perils of the voyage insured at the time of sailing on it. As seaworthiness is a condition of the contract of insurance, breach of the condition avoids the contract or, more accurately, discharges the insurer from liability from the date of the breach and deprives the assured of any recourse against the insurer, whether his loss can be traced to such breach or not, even though the unseaworthiness was remedied before the loss. Whether the assured were ignorant of the unseaworthiness of the ship or not also makes no difference ; if the ship was not in fact, seaworthy at the outset of the adventure, either in the degree commensurate with her then risk or for the voyage, as the case may be, that state of things never existed which was the foundation for the underwriter's promise, and he consequently can never be bound thereby against his will. By the way, a general application of the implied warranty of seaworthiness is harsh and severe to the assured, and would be attended with great difficulty. Thus it is necessary to mitigate and modify its general application in practice and statutory regulation. The insurers may dispense with the warranty of seaworthiness and waive its breach. And perils clause is incorporated to time or voyage policies. And the above mentioned implied warranty of seaworthiness seem to be highly unfair and unreasonable. Consequently, I propose that it is most reasonable and fair exclusion scope of ship's unseaworthiness for both sides of a contract. Namely, it is necessary that a application of the implied warranty of seaworthiness shall be excluded. Thus, there shall be no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer shall be not liable for any loss attributable to such unseaworthiness. Thus if there is no warranty of seaworthiness, material facts relating to the condition of the ship when the policy attaches must be disclosed. And also, in a voyage policy on goods there shaft be no implied warrant that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods to the destination contemplated by the policy. Thus, the clause 5.2 of ICC(1982) which deal with the breach of implied warranty of seaworthiness shall be eliminated.

자발성 소뇌출혈에서 뇌전선화 단층촬영 소견이 초기의식 상태와 예후에 미치는 영향

이승희,정남,권창영,은종필 예수병원 1997 예수병원학술지 Vol.18 No.-

ATM-LAN에서의 ABR 서비스 제공

이숭희 인제대학교 1998 仁濟論叢 Vol.14 No.1

ABR service is expected to work as a main service for supporting data transfer through an ATM network. Hence, the provision of ABR service in ATM-LAN has been studied in many areas. However, the structure fur actual implementation has not been much regarded. We propose a structure for implementation to provide ABR service in ATM-LAN. We assume an ATM-LAN consisting of ATM routers and ATM switches. ATM routers are constructed by installing ATM interface block with ABR capability for this purpose. The structures for EFCI, the basic function in ATM switches to support ABR service, and ER, the more advanced method, are proposed. In the proposed design, the method for detecting congestion is also regarded. Index terms : ABR service, ATM-LAM, ATM router, ATM switch, EFCI, ER, congestion detection

과량의 자발성 뇌실질내 혈종의 뇌정위적 혈종배액술의 결과

이숭희,정남 대한신경외과학회 1996 Journal of Korean neurosurgical society Vol.25 No.10

It a series of 289 patients who underwent stereotactic evacuation of spontaneous intracerebral hematoma(ICH) located in the supratentorial hemisphere from January 1990 through December 1994. the 30th day postoperative outcomes were analysed between small ICH group and large ICH group according to the initial Glasgow Coma Scale(GSC) scores. There were no significant differences found in the postoperative outcome between both groups(p=0.26). except for the finding that the small ICH group showed a better GCS score of less than 8(p=0.04) than large ICH group. In conclusion, it is suggested from these findings that stereotactic evacuation should be more readily employed for large ICH group as well as for small ICH group.

자발성 소뇌출혈에서 뇌전산화 단층촬영 소견이 초기 의식 상태와 예후에 미치는 영향

이숭희,정남,권창영,은종필 대한신경외과학회 1996 Journal of Korean neurosurgical society Vol.25 No.9

The authors analyzed 53 cases with spontaneous intracerebellar hemorrhage diagnosed by brain CT scan and assessed the correlation between the mental status at admission, the outcome and the CT findings. The location of hematoma volume of hematoma quadrigeminal cistern obliteration intraventricular hemorrhage and hydrocephalus were correlated to the mental status assessed by GCS at admission. The GCS score at admission. location of hematoma volume of hematoma quadrigeminal cistern obliteration intraventricular hemorrhage and hydrocephalus were correlated to the outcome. We conclude that decreased GCS score at admission, large volume of hematoma, quadrigeminal cistern obliteration presence of intraventricular hemorrhage and hydrocephalus could be considered as surgical indications and contributing factors for poor prognosis in the patients with spontaneous intracerebellar hemorrhage.

과량의 자발성 뇌실질내 혈종의 뇌정위적 혈종배액술의 결과

이승희,정남 예수병원 1997 예수병원학술지 Vol.18 No.-

악골에 발생한 악성 섬유성조직구종 2례

정종철,최홍란,오희균,박준아,류선열,이종호,김영운,정숭룡 大韓顎顔面成形再建外科學會 1995 Maxillofacial Plastic Reconstructive Surgery Vol.17 No.3

Malignant fibrous histiocytoma rarely occurs in the jaws. Although the histogenesis of this tumor remains controversal, it is best regarded as a primitive and pleomorphic nature reflected by collagen production and occasional phagocytosis. It is common for metastatic foci to appear in lung and regional lymph node. There are variable treatments such as radiotherapy, surgical excision or combination, therapy of surgical excision, chemotherapy and radiotherapy. With the review of literatures, the authors report the clinical study of two cases of malignant fibrous histiocytoma of the jaw.

동일한 시료에 대한 국내 기관간의 STR 분석결과 비교 : STR 유전자좌 분석법의 표준화 설정을 위하여

박종태,신경진,양윤석,우광만,이숭덕,이승환,이정빈,정연보,조승희,한길로,한면수,홍승범 大韓法醫學會 2001 대한법의학회지 Vol.25 No.1

This paper described a collaborative exercise intended to see what kinds of short tandem repeat (STR) loci are used in different DNA typing laboratories in Korea and to compare their results for the demonstration whether uniformity of DNA profiling results from different laboratory could be achieved in Korea Laboratories were asked to test five tissue DNAs using methods routinely used in each laboratory and to report the results to the coordinating laboratory. The exercise demonstrated that each laboratory was using different STR loci for the typing with different STR numbers,2 VNTRS,36 STRs and amelogenin in total, and the direct comparison of the results from all the laboratory for the 18 loci could not be done as only one laboratory submitted typing results. Among 21 loci for which several laboratories submitted typing results, results for 14 loci were the same and results for the other 7 loci were different depending on the participating laboratory. D1S80, F13A01, D16S539, D21S11, D18S51, D3S1744 were the loci with different typing results. Even in the cases where commercial kits were used, the results were not the same depending on the machines used, that is the capillary electrophoresis or the gel based electrophoresis. The reason for the different results, points about the standardization of the methods arid the profiling data were described.

The Destiny of the ABM Treaty: From Modification to Fossilization

( Soong Hee Lee ) 국방대학교 안보문제연구소 1998 The Korean Journal of Security Affairs Vol.3 No.-

Supreme Court Decisions on KIKO Cases

( Soong Hee Lee ) 고려대학교 법학연구원 2014 The Asian Business Lawyer Vol.14 No.-

As foreign exchange rates soared in the wake of the 2008 financial crisis, exporters filed for injunctions to suspend the effectiveness of knock-in/knock-out currency option contracts (“KIKO Contracts”) and instituted a number of lawsuits to seek the return of unjust gains and damages against banks. The KIKO disputes, which started to arise in the second half of 2008, came to a turning point when the Supreme Court of Korea rendered en banc decisions on four KIKO cases in September 2013. A summary of themajor legal principles in the above decisions of the Supreme Court is as follows: The mere fact that the KIKO Contracts provide only a limited range of exchange rate hedge, not the entire range of it, does not necessarily mean that such KIKO Contracts were structurally unsuitable for currency hedging. KIKO Contracts, of which key conditions including the knock-in and knock-out conditions, leverage structure, and exercise price are determined upon individual negotiations between the parties to such contracts, do not constitute standardized contracts. Absent special circumstances, the banks cannot be viewed as having had the obligation to notify the theoretical value of the options and related fees included in the structure of the KIKO products and the negative market value which potentially results. The mere fact that such information was not notified to the exporters cannot be viewed as fraudulent conduct or the cause of the customer’s misunderstanding. The banks should have ascertained the customer’s business circumstances, including expected inflow amount of foreign currency, status of assets, necessity of currency hedging, purpose of transactions, experience in transactions, knowledge or degree of understanding of the KIKO Contract, whether the customer has entered into other currency hedging contracts, among others, and the bank should not have recommended the execution of the KIKO Contract which was unsuitable for the customer given such circumstances. When banks recommend the trading of over-thecounter (OTC) derivative products with large risk, their duty to protect customers is higher than those of other financial institutions. The banks were obligated to explain material transaction information at the time of entering into the KIKO Contracts, including structure and major terms of the contract, specific details on the potential benefits and losses from the transactions, and in particular, the risk factors which may lead to losses. Further, the banks should have explained it in such way that the customer could properly understand the material transaction information. The above decisions of the Supreme Court are generally recognized as consistent with the traditional positions of the Supreme Court. Some of KIKO cases have been closed in the Supreme Court, and there are also a large number of KIKO cases still pending before the Supreme Court,appellate courts, or trial courts. Following the above en banc decisions on the KIKO Cases, it is expected that such disputes regarding the validity of KIKO contracts will be resolved, and deliberations and determinations by lower courts on whether the suitability rules and obligation to explain have been violated will be made consistently with such en banc Supreme Court decisions.