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      • KCI등재

        악골에 발생한 낭종의 임상적 연구

        김경욱,김경욱,이재훈,Kim, Kyung-Wook,Kim, Kyung-Wook,Lee, Jae-Hoon 대한악안면성형재건외과학회 1999 Maxillofacial Plastic Reconstructive Surgery Vol.21 No.2

        A clinical study of selected patients with cyst which were managed in the Department of oral and maxillofacial sugery from March 1994 to February 1998 was done. An following results were obtained 1. Male were involved more than females by cyst in a ratio of 1.95:1 and most of the cases occurred in the secondary decades 2. The primary site of radicular cysts were the anterior incisor area, dentigerous cysts were anterior incisor area and canine area, incisive canal cysts were maxillary anterior area, odontogenic keratocyst were the mandibular ramus area. 3. The common symptoms were swelling(65 cases), pain(12 cases) and the mean duration of syptomatic period was 10 days. 4. The rates of histopathologic classification were radicular cyst(58%), dentigerous cyst(22%), incisive canal cyst(9%), odontogenic keratocyst(11%). 5. Average of Alk. phosphatase was 235(IU/L) at pre-twenty age and 102(IU/L) at post-twenty age. 6. In treatment modalities, enucleation was most common, odontogenic keratocyst was treated by enucleation and curettage for prevention of recurrence.

      • KCI등재
      • KCI등재

        독일 표본절차에 있어서 절차의 신속 및 간이화를 위한 방안

        김경욱 한국경영법률학회 2015 經營法律 Vol.25 No.3

        「Act on Model Case Proceedings in Disputes under Capital Markets Law」, which is also known as 「Capital Markets Model Case Act」(KapMuG), is for the collective remedy of violation of rights in Germany. KapMuG was enacted in 2005, originally for a limited period of 5 years. After appraisal of the Act in 2009, the period was extended until October 2012. Then again in 2012, the expiry date was pushed back until October 31, 2020, with supplementation of new provisions and improvements. KapMuG covers the followings: (i) claims for compensation of damages due to false, misleading or omitted public capital markets information; (ii) claims for compensation of damages for the use of false or misleading public capital markets information or for failure to offer clarification about the false or misleading nature of public capital markets information; or (iii) claims to fulfill contracts, which are based on offer under the Securities Acquisition and Takeover Act. KapMuG serves the purpose of making the compensation process easier for the investors who have suffered losses. In model case proceedings, the Higher Regional Court rules uniformly on the likewise contended factual and legal matters of at least 10 separate damage claim cases, and such ruling exerts its binding force to all of those related cases. This institution aims to reduce the expense burden of investors and to relieve court of its work load. This article studies measures to promote rapid, simplified process in model case proceedings, which were furthermore the main substance of the act’s amendment. In second chapter of this article, procedures of model case proceeding are briefly examined in order to help the overall comprehension of the topic. Third chapter reviews different kinds of institutions which are implemented for the rapid, simplified proceedings–it analyses specifically the impossibility to appeal against court’s order (Section 3), simplification of referral process to the Higher Regional Court (Section 6), model case proceedings’ compulsoriness and possible delay regarding such, settlement in model case proceedings (Section 17), registration of a claim regarding the model case proceeding by reporting (Section 10⑵). Last chapter concludes the article considering the question - how to avoid problems of abusing and delaying which are noticeable in Germany, when introducing KapMuG to Korean legal system.

      • KCI등재

        독일어 재귀구조의 종류

        김경욱 한국외국어대학교 언어연구소 2008 언어와 언어학 Vol.0 No.43

        The aim of this paper is a new grouping of german reflexive structures. First we can get two groups of reflexive structures by the test of intention. If the test of intention succeeds, we can get motivated reflexive structure. A subgroup of this is reciprocal structure. Reciprocal structure has a subject of plural humanbeings and another complement of plural humanbeings. Reflexive pronoun has here the function of a complement and these subgroups express a reflexive or a reciprocal action. If the test of intention does not succeed, we get unmotivated reflexive structure. This has 2 subgroups: (1) original unmotivated reflexive structure. (2) reflexive structure as passive competition. The former has a subject ‘+human’, whereas the latter has a subject of ‘thing/nature/ organisation/verbal abstract nouns’.

      • KCI등재

        민법상 조합의 민사소송상의 지위

        김경욱 한국민사소송법학회 2009 민사소송 Vol.13 No.1

        In the modern society, the entities in many different forms become interested parties in transactions. The capacity to sue or to be sued of the associations that are not corporate entities is defined in Article 52 of the Civil Procedure Code of Korea. What is absent in the said Article 52 is a clear guidance on the requirements to qualify as such associations. This apparent absence leads to the issue of the capacity to sue or to be sued of Civil Code partnership in civil suits. In Chapter II, discussed are the conceptual differences between the partnership and the unincorporated associations, both of which are the focus of this paper. The distinguishing features of these two types of entities are also discussed in Chapter II. In connection with the joinder issues for the partnership with multiple partners, discussed are the creditor rights and debtor obligations of the partnership and the related action type (compulsory joinder) in Chapter III. In Chapter IV, examined is an issue of whether an individual member or a general partner can be deemed as a real party in interest particularly acting in the capacity of a class representative, which issue is reviewed as a way to handle suits involving partnership properties in an expeditious and simplified manner. In Chapter V, examined is an issue of whether the Civil Code partnership can be classified as an unincorporated association under Article 52 of the Civil Procedure Code of Korea and, hence, can be given the capacity to sue or be sued. In this paper, it is attempted to make a reasonable determination on the issue of permitting the Civil Code partnership to have the capacity to sue or to be sued by examining the relevant theories currently discussed in Korea and taking into consideration the fact that the case laws in Japan and Germany that used to reject the partnership's capacity to sue or to be sued now permit the partnership to have the capacity to sue or be sued. In Chapter VI, the foregoing discussions are summarized and a suggestion is made as to the simplification of the partnership related civil suits.

      • KCI등재

        집단분쟁해결을 위한 새로운 민사소송제도의 도입에 관한 소고

        김경욱 한국민사소송법학회 2013 민사소송 Vol.17 No.2

        Incidents involving mass production, investment, and consumption victims are growing more frequent modern social structure. As a result of such phenomena, the number of similar types of damage inflict by a corporate or a specific person are rapidly increasing. However, the cost of monetary and human resources and time is too high for an individual to take legal measures against these types of damages; hence many nations are looking for new ways to efficiently resolve disputes in addition to traditional litigation procedures. The most notable examples of legislation are Class Action of U.S. and Verbandsklage of Germany. Similar move has been found in South Korea; Securities-Related Class Action based on Securities-Related Class Action Act on the stock market with regards to class action has been in place since 2005; Consumer Association Lawsuit was introduced as part of Framework Act on Consumers with regards to Verbandsklage and Personal Information Association Lawsuit based on Personal Information Protection Act were introduced in 2008 and 2011 respectively. Demand for collective dispute resolution such as the aforementioned has triggered Germany to look beyond Verbandsklage and to consider adopting Class Action from U.S. The legislation of KapMug in 2005 maintained the principle of individualism of Germany’s Civil Procedure while providing an independent resolution method different from collective dispute resolution of other nations. Similar to this procedure, U.S has adopted Multidistrict Litigation to prevent discovery overlap and contradiction during pretrial proceedings when multiple litigations that share common questions of fact. This study will briefly explore Securities-Related Class Action, Consumer Association Lawsuit, and Personal Information Association Lawsuit, which are recognized in South Korea, then will investigate Germany’s Musterverfahren and U.S.’ Multidistrict Litigation in depth in order to study new collective dispute resolution to resolve multiple litigations with common questions of fact in prompt and economical manner without contradiction. Nevertheless, this study did not include discussion on U.S’ Class Action and Germany’s Verbandsklage as there has been sufficient study and discussion on them.

      • KCI등재후보
      • KCI등재후보

        민사집행법의 개정내용과 그 방향-財産照會制度와 給與債權押留禁止問題에 限定하여-

        김경욱 한국민사소송법학회 2005 민사소송 Vol.9 No.1

        Im June 2004 setzte das Justizministerium die Kommission fur Zwangsvollstrec- kungsrecht ein, um die Reformarbeit fur Zwangsvollstreckungsrecht anzufangen. Am 24. September 2004 legte das Justizministerium einen Entwurf zur Reform des Zwangsvollstreckungsrechts vor und am 6. November 2004 leitete die Regierung dem Parlament den Regierungsentwurf eines Zwangsvollstreckungsrechts zu. Dieser Regierungsentwurf wurde am 29. Dezember 2004 im Parlament angemommen. Am 27. Januar 2005 wurde das neue Zwangsvollstrekungsrecht verkundet und tritt in 6 Monate nach der Verkundigung in Kraft. In dieser Reformarbeit handelt es sich um 3 Reformschwerpunkte. Erstens, die Erleichterung der Voraussetzungen fur die Erkundigung nach Schuldnervermogen, Zweitens, die Pfandungsgrenzen fur Abeisein kommen, Drittens, die Reform der Rechtsbehelfe gegen die Arrestentscheidung und einstweilige Verfugungsentscheidung. In diesem Aufsatz beschrankt sich auf die vorn stehende zwei Probleme. Nach kurzer Erkarung der Reformgeschichte des Zwangsvollstreckungsrechts und des Zwecks des Aufsatzes (im ersten Abschnitt), werden im zweiten Abschnitt der Offenbarung- seid und die Probleme der Erkundigung nach Schuldnervermogen vorgestellt. In diesem Abschnitt geht im Besonderen auf die Grunde und die Richtung der Refom der Erkundigung nach Schuldnervermogen ein. Im dritten Abschnitt wird die Reform des Pfändungsschutzes des Vollstreckungss- chuldners bei Geldforderungen für die Sicherung der Existenzgrundlage behandelt. Hierbei werden die Notwendigkeit der Reform und die Einführung einer Pfändungs- freigrenze und Pfändungsobergrenze für Abeitseinkommen erörtert. Der vierte Abschnitt schließt die Arbeit mit einer umfassenden Stellungnahme ab.

      • KCI등재후보

        2005年 美國聯邦破産法上消費者破産制度의主要改正內容과 그 意味

        김경욱 한국민사소송법학회 2005 민사소송 Vol.9 No.2

        Significant change has developed in American Bankruptcy Law with the passage of the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005". This statute was enacted in April 2005 and took effect on October 17. 2005, after nearly 8 years of reform efforts in the United States Congress. The major thrust of the reform is to increase the protection afforded to creditors, by making it more difficult for debtors to liquidate their entire debt without having to pay at all. The purpose of this article is to highlight the most important changes implemented by this law. To capture the essence of the reform, the reader will find, in Parts I and II, a brief history of American Bankruptcy Law from its origins to the present. The focus is on Chapter 7 liquidation and Chapter 13 wage earner plans. To this end, in Part III, the article covers the following subjects of the reform: as to the filing of the petition, the new means test, the effect on the automatic stay, mandatory credit counseling, and mandatory tax returns. Concerning the treatment of security interests, reaffirmation, retention/ride-through, and strip-down in chapter 13. With respect to discharge, the limitation of the homestead exemption, scope of discharge, treatment of serial discharge, and extending the duration of Chapter 13 plans. Finally, the article addresses mandatory debtor education and attorney accountability. In part IV, after summarizing the american reforms, the article concludes by examining the state of Korean Bankruptcy Reform, especially Chapter 4 (effective April, 2006), which is similar to Chapter 13 of the U. S. Bankruptcy Code of 1978, that America has now amended.

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