Vote-buying

안강현 ( Gang Hyeon An ) 법조협회 2005 法曹 Vol.54 No.5

이 글에서는 주식회사에서의 회사지배를 위하여 사용되어 오는 vote-buying의 법적 허용성에 대하여 일찍이 vote-buying이 문제되어 왔던 미국판례의 변천과정 및 제정법을 위주로 살펴보았다. 미국의 경우 초기 판결에서는 vote-buying은 공공정책에 위반되는 것으로서 그 자체 불법으로 해석되어 왔었으나 Schreiber 사건의 판결을 계기로 하여 vote-buying의 목적이 다른 주주를 기만하거나 그들의 의결권을 박탈하는 것이 아닌 경우에는 그 자체 불법은 아니며 실질적인 공정심사기준(intrinsic fairness test)을 통하여 음미되어야 하는 거래일뿐이라는 새로운 해석을 하게 되었고 그에 따라 vote-buying과 같은 voting agreement의 허용기준에 관한 입법도 이루어지게 되었다. 이러한 vote-buying에 대한 제한적 유효설의 입장에서 미국판결에 대한 해석과 관련학설에 대한 검토를 시도하였다.

이득상환청구권의 例外性에 대한 검토

안강현(An Gang Hyeon) 한국비교사법학회 2005 비교사법 Vol.12 No.2

There are critical opinions about courts' interpretations on the right of claim for reimbursement of benefit which is recognized to protect the note or check holder from strict application of the obligations of the note or check debtor. The commentators who hold such views claim that the right of claim for reimbursement of benefit will be useless if it is recognized only when the note or check is issued to substitute the payment for the underlying obligation. Since, however, the right should be recognized only in extremely exceptional cases when the note or check holder needs to be protected, such criticism seems unwarranted. From this point of view, theories and cases on the range of recognition for and requirements for applying the right are examined in the treatise.

상법 제69조와 불완전이행책임 - 대법원2015. 6. 24. 선고2013다522판결을중심으로-

안강현 ( An Gang-hyeon ) 한국상사판례학회 2020 상사판례연구 Vol.33 No.4

상법 제69조는 상인간의 매매에 있어서 매수인에게 목적물에 대한 검사 및 하자통지 의무를 부과하고 있다. 이는 상거래의 신속한 결말을 위한 것이다. 그런데 대법원 2015. 6. 24. 선고 2013다522 판결은 특정물(토지)매매에 있어서 본조와 불완전이행책임이 경합한다고 판시하였다. 민법의 하자담보책임에 우선하여 적용되는 것으로 채무불이행책임과 하자담보책임을 분리하는 우리 법제에서 위 판결은 이론적으로는 타당할지 모르나, 그렇게 해석할 경우 상거래의 신속과 매도인의 보호라는 상법 제69조의 입법취지 내지 존재의의를 몰각 또는 희석하는 것이 된다. 이 점에서 위 판결은 재검토되어야 한다. Article 69 of the Commercial Act imposes the obligation of inspection of objects and notification of defect(s) on the buyer in the sale between merchants. This is for the quick end of business transactions. However, the Supreme Court Decision 2013Da522 Decided June 24, 2015 ruled that this article and the responsibility for incomplete performance compete in the sale of certain goods(land). In our jurisdiction, which separates the liability for default from the liability for security of defects in civil law, the above decision may be theoretically valid, but if so interpreted, it will strip or dilute the intent of legislation under Article 69 of the Commercial Act to protect the seller and speed of commercial transactions. In this respect, the above decision should be reviewed.

위장관계 악성종양에서 CA 125 측정의 의미

장우익 ( Jang U Ig ),안강현 ( An Gang Hyeon ),이종인 ( Lee Jong In ),김현수 ( Kim Hyeon Su ),김효열 ( Kim Hyo Yeol ),김수경 ( Kim Su Gyeong ),이동기 ( Lee Dong Gi ),배선우 ( Bae Seon U ),심영학 ( Sim Yeong Hag ),강명서 ( Kang Myeo 대한내과학회 1993 대한내과학회지 Vol.44 No.4

Background: Detection of tumor markers could offer an accessible method for screening risk groups in order to achieve an early diagnosis of cansers, to contribute to and adequate staging, and to help evaluate effects of therapy. CA 125 is an antigenic determinant defined by murine monoclonal antibody OC 125, and synthesized by coelomic epithelial derivatives such as Mullerian epithelium and mesothelial tissues. CA 125 is regarded as useful tumor marker for non-musinous epithelial ovarian tumors. So we investigated whether CA 125 is reliable tumor marker for gastrointestinal malignancies and especially for detection of intraperitoneal carcinomatosis unrecognized by conventional imaging studies. And we compared CA 125 with other conventional tumor markers in the serodiagnosis of gastrointestinal malignancies. Methods: Serum CA 72-4, CA 19-9, CA 125 and CEA were determined radioimmunologically with monoclonal antibodies. A cut-off value of 4 U/ml, 37 U/ml, 35 U/ml and 5 mg/ml were used respectively. Results: The results are summarized as follows. 1) CA 125 had high specificity (93%) for benign gastrointestinal disease but was not useful to differetiate malignant ascites and benign ascites. 2) In gastric carcinoma, the sensitivity of CA 125 (36%) was not so different to that of CA 72-4(36%). 3) In pancreatobiliary carcinoma, the sensitivity of CA 125(55%) was inferior than that of CA 19-9 (85%), but combined use of these two tumor markers increases sensitivitu(95%) for the diagnosis. 4) The sensitivities of CA 125 for 23 early gastric cancer was 9%. 5) The sensitivities of CA 125 for the intraperitoneal carcinomatosis that was not recognized by conventional imaging studies was 36%. Conclustion: Our data indicates that CA 125 is not better in the serodiagnosis of gastrointestinal malignancies than other conventional tumor markers, and CA 125 has a little predictive value in the diagnosis of intraperitoneal carcinomatosis unrecognized by the conventional imaging studies. Serum CA 125 elevation in benign or malignant diseases closely correlated with the presence of ascites.

고립성 폐결절에 관한 임상적 고찰

이종인 ( Lee Jong In ),이상수 ( Lee Sang Su ),원구태 ( Won Gu Tae ),안강현 ( An Gang Hyeon ),이성우 ( Lee Seong U ),백순구 ( Baeg Sun Gu ),김승률 ( Kim Seung Lyul ),용석중 ( Yong Seog Jung ),신계철 ( Sin Gye Cheol ),정순희 ( Jeong 대한내과학회 1993 대한내과학회지 Vol.44 No.2

Background : Because there aremany different reporting results about the etologies of solitary pulmonary nodules (SPNs), we cannot know the exact incidence of each causative disease. SPNs have a good prognosis relatively even if it is a malignant lesion. In Korea, where there is a high incidence of pulmonary tuberculosis, the differential diagnosis of SPNs should be performed. Methods : Among 351 patients who visited Wonju Chistian Hospital for SPNs in chest x-ray between 1982 and 1989, we evaluated 74 patients in whom the causes of SPNs could be elucidated by sputum AFB study, cytology, histolgic study, chest of solitary pulmonary nodule (SPN) seen at the Wonju Christian Hospital from 1982 to 1989. The followings were obtained. 1) The malignancies of SPN 74cases were 25 cases (33.7%). The primary lung carcinomas were 24 cases : The epidermoid carcinomas of these were 11 cases (45.8%), metastasis I case, tuberculoma 42 cases, and the other 7 cases. 2) The age distribution of benign lesions was from 19 to 73 years old with the mean age of 46 years old, and the age distribution of malignancies was from 17 to 77 years old with the mean age of 57 years old. The 23 cases (92.0%) of malignant nodules were more than 40 years old. The malignant frequency of SPN in a group of age more than 40 years old was 40.3% and in a group of age less than 40 years old, it was 11.7%. The malignant frequency was directly proportional to the increase of age(p<0.05). 3) The 3 cases of SPN were detected accidentally during physical up, all were benign. The 14 cases were detected during the evaluation of other diseases, 12 cases were benign. The 23 cases (40%) of 57 cases were symptomatic. Chest pain, dyspnea, and weight loss frequency in a group of less than 3cm in size was 11.9% and in a group of less than 3cm in size, it was 62.5% (p<0.05). 6) Calcifications were noted in 15 cases of 74 cases on the plain films, all were 7 central types, 7 diffuse types and 1 popcorn type. One of malignant cases had calcification on the chest CT scar. Among the 59 cases with non-calcified nodules, 25 cases were malignant (42.3%). The mean Hounsfield Unit of benign lesions was 182.5U and that of malignancies was 94U, there was a statistical difference between both groups(p<0.01). 7) The 21 cases (50%) of tuberculomas were located at the apicoposterior segment of upper lobe or the superior segment of lower lobe, but the 7 cases (28%) of malignancies were located at above sites. 8) The diagnostic accuracy of sputum study was 9.4% and that of fiberoptic bronchoscopy (FOB) was 33.3%. The diagnostic accuracy of transbronchial lung biopsy (TBLB) and transthoracic needle aspiration biopsy (TTNAB) was 57.4%. The percentage of primary lung cancer among SPNs which are larger than 3cm in size, occurring in the age of older than 40 years old and with no calcifications on radiologic examintion should be suspected as malignancies and diagnosed with sputum study, fiberoptic bronchoscopy, TBLB, and TTNAB.

FOB개념의 유연성과 Incoterms 2000의 FOB조건에 있어서의 인도와 비용부담의 문제

안강현 한국상사법학회 2001 商事法硏究 Vol.20 No.2

미국 로스쿨 제도의 현황 및 평가

안강현 연세법학회 2005 연세법학 Vol.11 No.1

Nowadays, discussion on the educational system relating to law in our country has increased. On the request of Yonsei Law Association, this article has researched on the law school system of the U.S., especially, foundation of law school, the relation between law schools of the U.S. and ABA(American Bar Association), J.D.(Juris Doctor) degree, professorship of law school, law school curriculum and exam, and bar exam etc.