위에서 관찰된 신경아세포종

홍대식,박희숙,심찬섭,박상흠,오도연 대한소화기내시경학회 1988 Clinical Endoscopy Vol.8 No.2

공정거래법의 사적집행제도로서의 사인의 금지청구제도

홍대식 한국경쟁법학회 2019 競爭法硏究 Vol.39 No.-

The government's entire amendment (hereinafter 'amendment') to the Monopoly Regulation and Fair Trade Act (hereinafter ‘Fair Trade Act’) submitted to the National Assembly on November 11, 2018 contains the introduction of the injunctive relief system. If the relevant content of the amendment is enacted as legislation, the Fair Trade Act will be equipped with the injunctive relief system in addition to damages compensation system and the triple compensation system, thus completing the framework of private enforcement systems. Against this background, this paper first examines whether the injunctive relief system is permitted by general principles of the civil law and, if so, on what requirements based on theories and case law doctrines of the civil law and judicial precedents in cases of preliminary or final injunction claims for violation of Fair Trade Act (Ⅱ). After developing the interpretation theory of the injunctive relief system introduced in the amendment in the order of the subject of the claim, the other party, the object act, the constitution requirements, the nature, the content and the general procedure (Ⅲ), the conclusion will be drawn (Ⅳ). The injunctive relief system is a system that allows a person who injured or has a risk of being injured by unfair trade practices to file a injunction claim against an enterprise or a enterprise association that commit or are likely to commit a violation. The content of the injunction claim is the prohibition or prevention of infringements against oneself. The scope of prohibition or prevention is set to the extent necessary for the victim's relief. Prevention claims as well as prohibition claims are recognized. Therefore, if this system is introduced, it will be able to file injunction claims not only in the cases of continuing infringements that have already occurred, but also in the cases when infringements have been terminated but are likely to occur again or infringements do not occur yet but are likely to occur. The injunction claims are most likely to be filed when the Korea Fair Trade Commission's corrective actions are not expected to be appropriate or there is no room to wait for it, unlike claims for damages. Therefore, in the case of unfair trade practices, stand-alone actions, which are relatively rare compared to follow-on actions, can be an opportunity to be activated. In this respect, the introduction of the injunctive relief system for unfair trade practices is also meaningful in terms of effective allocation of enforcement resources.

만성골수성 백혈병에서의 자가골수이식

洪大植 대한의학협회 1994 대한의학협회지 Vol.37 No.11

Thrombopoietin

홍대식 대한내과학회 1999 대한내과학회지 Vol.57 No.4

1세션 스마트방송플랫폼

홍대식,이구현,문철수,황준호,이성엽(Hong Daesik,Lee Guhyun,Moon Chulsoo,Hwang Junho,Lee Sungyup) 한국정보법학회 2013 한국정보법학회 정기세미나 발표자료 Vol.- No.24

현행 방송관련법은 「방송법」과 「인터넷 멀티미디어 방송사업법」(이하 “IPTV 사업법”)으로 이원화되어 있다.1) 이는 방송법상 방송 개념에 포괄되기 어려운 새로운 유형의 방송사업인 인터넷 멀티미디어 방송(이하 “IPTV”) 사업에 대하여 정부가 별도의 법률을 제정하여 제도적 수요에 대응한 결과이다. 방송법과 IPTV 사업법은 적용 대상이 되는 방송과 IPTV의 개념을 다른 방식으로 정의하고 있다. 예컨대, 방송법상 방송은 방송프로그램의 기획, 편성 또는 제작 기능을 핵심적인 개념요소로 하고 있다. 반면에 IPTV 사업법상 IPTV는 이용자에게 콘텐츠를 복합적으로 제공하는 기능을 중심으로 개념이 구성되어 있고 방송프로그램의 기획, 편성 또는 제작 기능은 개념요소를 구성하고 있지 않기 때문에, IPTV의 경우 일정한 기술적 제한 하에 이용자에게 단순히 콘텐츠를 제공하는 것만으로도 그 개념의 구성요소를 충족할 수 있다.2)

방송ㆍ통신융합과 이용자보호제도의 개선 ― 총론적 고찰 ―

홍대식 행정법이론실무학회(行政法理論實務學會) 2009 행정법연구 Vol.- No.25

This article tries to raise issues about how to improve user protection system due to convergence of broadcasting and telecommunications and find solutions to those. The term user protection system contains several elements which should be explored theoretically ranging from the subjects it directs to and the values it pursues to the scope of the specific institutions to be parts of it. Provisions of broadcasting act as well as telecommunications act are required to take review as to whether there is any room for improvements for the purpose of consolidated institutional redesign. In doing so, it is noted that the conceptual difference between the user in telecommunications act and the viewer in broadcasting act might indicate any hidden ideas underlying respective regulatory framework. In this article, discussions relating user protection system is not confined to the consumer law-related issues, but includes issues interfacing between competition law and consumer law base on the thoughts that competition law and consumer can form the common ground centered on the consumer choice searching after the common objective of the realization of consumer sovereignty. Against this background, this article starts from the issue of the subjects to which user protection system direct. In this part, the meaning of user concept is analyzed by comparing with those of viewer and consumer(II). Following this, the matter of values, i.e. the issue of what kind of user interests should be protected comes under in-depth study. Based on distinction between economic values and socio-cultural values in which user protection system in both broadcasting act and telecommunications act take regulatory interest, it is argued that user interests as economic value should be protected through special legal institution prepared in broadcasting act and telecommunications act(III). With that in mind, this article examines the current situation of user protection system of Telecommunications Business Act, Broadcasting Act, and Internet Multimedia Broadcast Services Act respectively(IV), and briefly proposes some directions of improvements regarding establishment of new user concept and new regulatory framework(V).

사법적 관점에서 본 공정거래법 ― 시장지배적지위 남용행위를 중심으로 ―

홍대식 한국상사법학회 2008 商事法硏究 Vol.27 No.2

This article examines how to understand the substantive provisions of Korean competition law and how to establish criteria for those interpretation and assessment with a focuss on abuse of market-dominant position. The discussion here starts with a understanding that a legal relationship with which competition law works basically premises a legal relationship between private persons and competition law has developed by establishing substantive requirements to be applied to private law relationships based on the objectives extending from the perspective of co-ordination of interests to that of trade and market order. This understanding leads to the affirmative valuation for the role of judges as experts in enforcing private laws and producing case laws in the competition law field to the effect of revitalizing discussions on competition law from a private law perspective. Following this, this article makes clear that the Supreme Court of Korea in Posco judgment describes the value of the primary purpose of competition law representing “protection of competition” in relation to the principle of freedom of contract as correcting its flaws and restoring its original function. Such recognition seems to have affected the way in which the Supreme Court assessed the illegality of conduct in the specific case. Furthermore, the requirements establishing abuse of market-dominant position are analyzed element by element by categorizing as violator, conduct and illegality in terms of substantive law analysis in this article. Abuse of market-dominant position as a representative violation type regulated for the improvement of trade activities in the market should be worth attention as it shows the characteristics of competition law more than any other violations having relevance to the private law as well though. As such, a discreet, normative approach is required to harmonize and balance between considerations both from private law and competition law aimed at conflicting values. In this regard, so-called “form-based approach” is arguably still valid for the interpretative method of the Korean competition law if taking so-called “effect-based approach” as an complementary, analytic tool from the aspect of the market performance. This article examines how to understand the substantive provisions of Korean competition law and how to establish criteria for those interpretation and assessment with a focuss on abuse of market-dominant position. The discussion here starts with a understanding that a legal relationship with which competition law works basically premises a legal relationship between private persons and competition law has developed by establishing substantive requirements to be applied to private law relationships based on the objectives extending from the perspective of co-ordination of interests to that of trade and market order. This understanding leads to the affirmative valuation for the role of judges as experts in enforcing private laws and producing case laws in the competition law field to the effect of revitalizing discussions on competition law from a private law perspective. Following this, this article makes clear that the Supreme Court of Korea in Posco judgment describes the value of the primary purpose of competition law representing “protection of competition” in relation to the principle of freedom of contract as correcting its flaws and restoring its original function. Such recognition seems to have affected the way in which the Supreme Court assessed the illegality of conduct in the specific case. Furthermore, the requirements establishing abuse of market-dominant position are analyzed element by element by categorizing as violator, conduct and illegality in terms of substantive law analysis in this article. Abuse of market-dominant position as a representative violation type regulated for the improvement of trade activities in the market should be worth attention as it shows the characteristics of competition law more than any other violations having relevance to the private law as well though. As such, a discreet, normative approach is required to harmonize and balance between considerations both from private law and competition law aimed at conflicting values. In this regard, so-called “form-based approach” is arguably still valid for the interpretative method of the Korean competition law if taking so-called “effect-based approach” as an complementary, analytic tool from the aspect of the market performance.

카르텔 규제의 집행 : 행정적 집행수단과 법원의 역할을 중심으로

홍대식 한국경쟁법학회 2005 競爭法硏究 Vol.12 No.-

광고기술의 발전과 개인정보의 보호 : 지정토론요지

홍대식 한국법학원 2008 저스티스 Vol.- No.106

결혼의 질과 지속의사에 관련된 혼전 변인들

홍대식 한국사회및성격심리학회 2005 한국심리학회지 사회 및 성격 Vol.19 No.2

To test the adequacy of modified Holman's(2001) model of marital quality, 427 couples(854 persons) were used. Premarital family of origin, individual characteristics, social network, and interaction process variables were rated through retrospective method, and present marital satisfaction and continuance intention were rated. Specifically, various interaction variables like the harmony of relationship were measured. The results showed superiority of modified model. In addition, women rated more negatively interaction variables and premarital and marital satisfaction and continuance intention than men. Most variables of family of origin, individual characteristics, social network and interaction variables showed significant correlations with marital satisfaction and continuance intention, and these variables showed lower correlations with marital continuance intention than marital satisfaction. Future study problems related to interaction variables were discussed. 결혼의 질을 예측하는 Holman(2001)의 모형에 대한 수정된 모형의 타당성을 검증하기 위해, 427쌍(854명)의 부부들이 연구에 참가했다. 회고적 방법에 의해 원가족, 개인특징, 사회관계망 및 상호작용과정의 변인들이 측정되었고, 현재의 결혼 만족과 지속의사가 측정되었다. 특히, 조화성과 같은 상호작용과정의 다양한 변인들이 측정되었다. 연구결과, 원모형보다 본연구의 모형이 적절성이 더 큰 것으로 나타났다. 부가적으로, 여자들이 남자들보다 상호작용의 측면에서 더 부정적으로 평정했고, 혼전관계의 만족과 지속의사 그리고 결혼만족과 지속의사에서도 더 부정적으로 평정했다. 또한 대부분의 원가족, 개인특징, 사회관계망의 변인들 그리고 혼전관계의 일반적 가까움과 혼전의 갈등들을 제외한 여러 상호작용과정 변인들이 결혼만족과 지속의사와 상관이 유의했으며, 이들 변인들은 일반적으로 결혼 만족보다 지속의사에 대해 더 낮은 상관을 보였다. 상호작용과정변인에 대한 장차의 연구방향이 논의되었다.