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      • KCI등재후보

        젊은 연령층의 정상 성인남자에서 체지방분포가 당대사에 미치는 영향

        최문기(Moon Gi Choi),박성우(Sung Woo Park),박충기(Choong Ki Park),이병두(Byung Doo Rhee),이홍규(Hong Kyu Lee),고창순(Chang Soon Koh),민헌기(Hun Ki Min) 대한내과학회 1988 대한내과학회지 Vol.35 No.2

        N/A The Subgrouping of human obesity might be of importance for the elucidation of the pathogenesis of type II diabetes mellitus, To evaluate the effects of the degree of fatness and regional distribution of fat on hyperinsulinemia (insulin area; IA) and insulin sensitivity (KJTT), standard oGTT during a 3-hour period and insulin tolerance tests were performed on 16 noniabetic young men. Body mass index (BMI), waist to hip circumference ratio (WHR), and the intraabdominal visceral fat to subcutaneous fat ratio (VSR) were measured using an abdominal CT scan. There were significant positive correlations between IA and BMI (r=0.58, p<0.05) and WHR (r=0.76, p<0.001). There were significant negative correlations between KITT and BMI (r=0. 64, p<0.05) and WHR (r=0.64, p<0.05), However, VSR had no significatn correlation with IA (r=0.07) and KlTT (r=0.39). These results suggest that in non- diabetic young men, the intraabdaminal distribution of fat has no influence on hyperinsulinemia and insulin sensitivity, and that upper body obesity and the degree of overall fatness have major roles in the genesis of hyperinsulinemia and insulin insensitivity.

      • KCI등재
      • KCI등재
      • KCI등재
      • 종중(宗中)의 소송상(訴訟上)의 법적(法的) 지위(地位)에 관한 소고(小考)

        최문기 ( Moon Ki Choi ) 경성대학교 법학연구소 2011 경성법학 Vol.20 No.2

        The families of the same clan are groups composed for the protection of common ancestors` groves. memorial service of their ancestors, and cultivation of mutual friendship between the members of the families fo the same clan. Our country has no statutory norms about the families of the same clan, so has regulated them with conventional law. In the meantime, the Supreme Court has had the stance that the families of the same clan are spontaneous groups without any separate organizing act or rules, and they are naturally joined by majorities without any joining procedures. The theory of spontaneity like this has triggered a lot of legal disputes about the families of the same clan. First of all descendents of common ancestors become the members of the families of the same clans by all means without any separate joining procedures. so difficulty of grasping who the members of the families of the same clan are and where they live in convening the general meeting of the families of the same clan for their decision-making makes it hard to notify the call of the general meeting. It is also troubling to understand the scale and existence of the overall members of the families of the same clan in fixing quorum of conference and resolution to decide proceedings or elect a representative. Also whether a member is eligible can be certified only by a clan register, which is a private register, and extinguished or distorted a lot, so if its authenticity is in doubt, it is difficult to catch the descendent of common ancestors. Also up to recently, the qualification of the members of the families of the same clan are granted only to men of legal age, so it has been criticized as discrimination of women, and women`s qualification of the members of the families of the same clan was not accepted until the Supreme Court 2005.7.21. sentence 2002Da1178 Decision. However, the theory of spontaneity like this started on the distorted grasp of conventional practice to theory of spontaneity like this in the Japanese, has brought forth plenty of property disputes of the theory of spontaneity like this these days, so a new approach is necessary. Namely, the families of the same clan should be considered being constituted they have their rules or representatives through artificial organizing acts, and any descendent of common ancestors don`t become the members of the families of the same clan concurrently when they become adults, but need any separate joining procedures. Thus, women or daughters` grandchildren are qualified for the members of the families of the same clan. and become the members of the families of the same clan. And in case of distributing the property of the families of the same clan, it should be considered being allocated only to the members of the families of the same clan. This paper tries to suggest the way to solve these problems by examining theories and relevant precedents about Incorporated Body of Non-Juristic Person cases, especially the families of the same clan In this paper I have made clear the concept of the families of the same clan as Incorporated Body of Non-Juristic Person, meaning of collective ownership provisions and analogical application of entity with legal personality provisions to Incorporated Body of Non-Juristic Person. Though the families of the same clan as Incorporated Body of Non-Juristic Person has not legal capacity, he may have real eatate registered in his own name according to Regislation of Leal Estate Act. But most same clan have registered his real estate in the name of another person (so called ``title trust``) in the case of the same clan. And then, it examines a guaranty of payment by a representative of Incorporated Body of Non-Juristic Person for understanding the external relationship of this Non-Juristic Person. In connection with this problem, the Supreme Court of Korea 2007.4.19. sentence, 2004da60072, 60089 Decision narrowly interpreted the article 276(1), which requires of the general meeting resolution for act of management, disposition of object of collective ownership for protecting members who deal with Incorporated Body of Non-Juristic Person and safety of transaction. This ruling is also criticized that interpreting a guaranty of payment does not fit with collective ownership for promoting the safety of transaction is too much formal and the safety of transaction should be protected by restrictive interpretation of collective ownership through analogical application of entity with legal personality provisions. However, this critical opinion can not be accepted because this criticism is too far from the history and purpose of the article 276(1). This provision does not simply intend to restrict the power of representative. Rather, protection of a third party who transacts with Incorporated Body of Non-Juristic Person can be achieved by the literal and direct interpretation of the article 276(1) as in the Court decision. I don`t agree to the majority opinion of the Supreme Cout 2005.9.15. sentence, 2004da44971 Decision that act of preservation may not be done without quorum for resolution, I think that object of collective ownership may be preserved by each one having collective ownership. Currenty in Korea, Civil Act reforms are under way, and there are plans to make overall canges for the legal prwisions on Incorporated Body of Non-Juristic Person. I hope that Korean Civil Act regulations reforms for collective ownership will be made. From aspect of legislation, I think that we need to make provisions in Article 276(1) as follows: to add the provisio that object of collective ownership may be preserved by each one having collective ownership. And if there is a third person where right, and interests are infringed by the outcome of a litigation, the court, upon a request of party or the third person or ex officio, may by decision let the third person intervene in the litigation like a necessary co-litigation.

      • KCI등재

        거시경제변수 및 부동산 대책이 강남4구 아파트 시장에 미치는 영향

        최문기(Choi, Moon Ki),이성화(Lee, Seong Hwa) 한국지적학회 2021 한국지적학회지 Vol.37 No.3

        우리나라의 경우 전체 국민순자산에서 부동산 비중이 약75%로 매우 높은 상황속에서 거시경제변수는 주택가격에 바로 반응을 일으킨다. 그리고 정부는 주택가격이 상승하거나 하락할 때 주택시장에 개입해 왔다. 문재인 정부에서 주택시장 안정을 목표로 총 26번의 부동산 대책을 발표했음에도 시장이 지속 상승하고 있는데, 이는 세계 전체적으로 풍부한 유동성과 박근혜 정부부터 시작된 유동성 확대가 주된 원인이 있긴 하나, 주택시장의 바로미터인 강남4구 주택시장의 특수성에 대한 이해 부족, 전세제도와 매매시장의 상호관계에 대한 이해 부족 등에 기인한다. 그리고 거시경제변수 중 부동산시장과 관련성이 높은 주택담보대출금리가 시장에 미치는 영향은 국민들이 유사한 고급 주거지역으로 인식하고 있는 서초구와 강남구조차도 정부의 부동산대책을 전후로 서로 상이한 모습을 보였다. 이는 정책담당자가 실효성있는 부동산 대책을 수립하기 위해서 지역별 특성까지 충분히 고려해야할 뿐만 아니라, 주택담보대출이자율 지표를 정확히 모니터링하고 지역형 맞춤형 정책을 수립하고, 이를 통해 정책효율성과 신뢰도를 높일 필요가 있음을 의미한다. A In the case of Korea, in a situation where the proportion of real estate in total national net worth is about 75%, macroeconomic variables respond directly to housing prices. And the government has intervened in the housing market when housing prices rise or fall. Although the Moon Jae-in government announced a total of 26 real estate measures aimed at stabilizing the housing market, the market continues to rise. This is due to the lack of understanding of the specificity of the old housing market and the lack of understanding of the interrelationship between the jeonse system and the sales market. And among macroeconomic variables, the effects of mortgage rates, which are highly related to the real estate market, on the market showed different appearances before and after the government s real estate measures, even in Seocho-gu and Gangnam-gu, which the people perceive as similar high-end residential areas. This suggests that policy makers should not only fully consider regional characteristics in order to establish effective real estate measures, but also accurately monitor the mortgage interest rate index, establish regional-specific customized policies, and increase policy efficiency and reliability through this.

      • 이행리익(履行利益)과 신뢰리익(信賴利益)의 개념(槪念)에 관한 일고찰(一考察)

        최문기 ( Moon Ki Choi ) 경성대학교 법학연구소 2015 경성법학 Vol.24 No.-

        In this paper I have focused on the theory of about Performance Interest (Expectation Interest) and reliance interest. The Supreme court decided that plaintiff might claim Performance Interest (Expectation Interest) or Reliance Interest alternatively. I have agreed to the theory of the Supreme Court Decision I have analysed the basis on the law of contract that belongs to damages as the object to have to compensate. Recently it has been admitted reliance interest by the Supreme Count. This means that admitted cases offer a clue to insist on the theory that damages should be compensated by reliance interest against expectation. I hope that provisions regarding compensation of the disbursement of expenses shall be stipulated in Article 393 paragraph③ of the Korean Civil Code like Article 77 in CISG or Article 284 in BGB.

      • KCI등재

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