중재판정의 기판력에 관한 고찰

서세원 한국중재학회 2007 중재연구 Vol.17 No.2

Arbitration is a private and contractual means of dispute resolution. As a creature of contract, any particular arbitration owes its existence-and attendant limitations-to an arbitral agreement. This means that, in practice, the parties select their own judges, forum, and rules. By agreeing to arbitration, parties hope to achieve several goals. And arbitration has proven to be quicker, cheaper, and more predictable than litigation as a means of resolving many types of claims. As a primary method of conflict resolution, it is now worthwhile to consider carefully any procedural mechanism designed to promote the central aims of this alternative to litigation. It is helpful to frame any particular analysis according to (1) the type of decision for which preclusive effect is sought (arbitral award or court judgment) and (2) the type of subsequent proceeding in which preclusion is sought (an arbitration or a litigation). Res judicata may well bar litigation of that claim between the parties, but non-parties (affiliates or individuals) will not benefit from this bar unless the arbitral tribunal makes findings sufficient to satisfy the elements of collateral estoppel. The final permutation to be considered involves an arbitral award's preclusive effect on a subsequent arbitration. Whether a prior court decision should preclude issues or claims in a subsequent arbitration presents the easiest case for analysis. It is the easiest primarily because there is generally little room to debate whether adequate procedures were followed in a litigation. That is, one can safely assume that the rules of evidence and the rules of civil procedure were followed and that formal records sufficiently memorialize both the proceeding itself and the ultimate decision. Procedural regularity is mentioned not necessarily because it is an analytic tool, but because so many jurists and scholars see it as an impediment to the application of preclusionary doctrines.

잠복원발종양의 원발병소 진단시 내시경 유도하 생검 및 구개편도적출의 진단적 의의

김세헌,김광문,이준협,이승수,서진원,홍원표 대한이비인후과학회 1998 대한이비인후과학회지 두경부외과학 Vol.41 No.3

미국에 있어서 비서명자에 대한 중재합의의 효력

서세원 韓國仲裁學會 2008 중재연구 Vol.18 No.1

Arbitration is fundamentally a matter of contract, whereby contractual parties may only be required to submit a dispute to arbitration pursuant to their formal agreement. However, there are several important exceptions to this rule that have developed under common law notions of implied consent. These doctrines may serve either to benefit or to harm a nonsignatory to an arbitral agreement because either (1) the nonsignatory may compel a signatory to the agreement to arbitrate a dispute or (2) the nonsignatory may be compelled to arbitrate a dispute despite never having signed an arbitration agreement. The Court has a long-standing domestic policy of favoring arbitration, and these doctrines reflect that policy. 1. incorporation by reference An arbitration clause may apply to a party who is a nonsignatory to one agreement containing an arbitration clause but who is a signatory to a second agreement that incorporates the terms of the first agreement. 2. assumption An arbitration clause may apply to a nonsignatory who has impliedly agreed to arbitrate. Under this theory, the nonsignatory's conduct is a determinative factor. For example, a nonsignatory who voluntarily begins arbitrating the merits of a dispute before an arbitral tribunal may be bound by the arbitrator's ruling on that dispute even though the nonsignatory was not initially required to arbitrate the dispute. 3. agency A nonsignatory to an arbitration agreement may be bound to arbitrate a dispute stemming from that agreement under the traditional laws of agency. A principal may also be bound to arbitrate a claim based on an agreement containing an arbitration clause signed by the agent. The agent, however, does nof generally become individually bound by executing such an agreement on behalf of a disclosed principal unless there is clear evidence that the agent intended to be bound. 4. veil piercing / alter ego In the corporate context, a nonsignatory corporation to an arbitration agreement may be bound by that agreement if the agreement is signed by its parent, subsidiary, or affiliate. 5. estoppel The doctrine of equitable estoppel is usually applied by nonsignatory defendants who wish to compel signatory plaintiffs to arbitrate a dispute. This will generally be permitted when (1) the signatory must rely on the terms of the contract in support of its claims against the nonsignatory, or (2) the signatory alleges that it and the nonsignatory engaged in interdependent misconduct that is intertwined with the obligations imposed by the contract. Therefore, this article analyzed these doctrines centering around case-law in America.

골다공성 척추 압박골절 환자에 대한 경피적 척추체성형술 : 최근 2년간 경험 Recent 2-year Experience

김상대,박정율,김세훈,서중근,이태수,채수원 대한척추신경외과학회 2004 Neurospine Vol.1 No.1

Objective: To describe the therapeutic outcome of percutaneous vertebroplasty for the treatment of osteoporotic vertebral compression fractures(OVCF) in recent years with review of literature. Methods: The authors have retrospectively reviewed a consecutive group of patients who underwent percutaneous vertebroplasty in our institution between May 2000 and October 2002. The procedures were performed with Jamshidi needle via transpedicular approach followed by injection of polymethyl- methacrylate(PMMA) into the involved vertebral bodies. Prolo's economic and functional rating scale was used for therapeutic outcome assessments. Results: There were 91 patients(69 female, 22 male) with OVCF, with involvement of 147 vertebral bodies. The mean age was 72 years. The average BMD t-score was -3.78, indicative of severe osteoporosis. Minimal follow-up period was three months. And among these patients, 82.5% of patients were maintained over good condition. Extrusion of PMMA cement beyond the confines of the vertebral body was obseved in 13 cases(8.8%). Although most of them improved with conservative treatments without morbidities, two developed serious complications, one being pulmonary embolism and the other paraparesis. Conclusion: Percutaneous vertebroplasty is one of the effective minimal invasive treatment modalities in OVCF. However, proper biomechanical studies supporting these procedures are not fully evidenced. Serious complications, although rare, should be prevented with the aid of improved techniques and newer biocompatible materials along with better understanding of biodynamic and biomechanical impact on normal and already compromised vertebraes.

Expression of Recombinant HBV Pol Proteins in HepG2 Cells

Suh, Se Won,Jung, Gu Hung,Cho, Gi Nam,Na, Seung On 생화학분자생물학회 2001 BMB Reports Vol.33 No.6

In this study HepG2 cells were used to express and purify HBV pol proteins. In order to facilitatepurification of HBV pol proteins, HBV pol and its deletion mutants were fused to MBP (Maltose Binding Protein). As a result we successfully expressed and partially purified both wild type and mutant recombinant HBV pol proteins by using an amylose resin and anti-MBP antibody In the case of wild type, the anti-MBP antibody detected three bands. One was full-length and the others were generated by proteolysis of the terminal domain region. The expressed MBP/POL proteins were localized both in the cytoplasm and in the perinuclear region. The purified proteins had polymerase activity toward an exogenous homo-polymer template. The MBP/ POL protein also had DNA synthesis activity in vivo, since the MBP/POL expression construct was able to complement a HBV polymerase mutant in trans.

A New Monoacylglycerol from the Fruiting Bodies of <i>Gymnopilus Spectabilis</i>

Suh, Won Se,Lee, Seoung Rak,Kim, Chung Sub,Moon, Eunjung,Kim, Sun Yeou,Choi, Sang Un,Kang, Ki Sung,Lee, Kang Ro,Kim, Ki Hyun SAGE Publications 2016 Journal of chemical research Vol.40 No.3

Three New Lignan Derivatives from <i>Lindera glauca</i> (<small>Siebold</small> et <small>Zucc</small>.) <small>Blume</small>

Suh, Won Se,Kim, Ki Hyun,Kim, Ho Kyung,Choi, Sang Un,Lee, Kang Ro WILEY‐VCH Verlag 2015 Helvetica chimica acta Vol.98 No.8

<P><B>Abstract</B></P><P>Two new aryl‐tetralin lignan glycosides, linderanosides A and B (<B>1</B> and <B>2</B>, resp.), and a new dihydrobenzofuran neolignan glycoside, linderanoside C (<B>3</B>), together with five known lignan derivatives (<B>4</B>–<B>8</B>) were isolated from the trunk of <I>Lindera glauca.</I> The structures of these new compounds were determined through spectroscopic analyses, including extensive 2D‐NMR data and acid hydrolysis. The absolute configurations of the compounds were clarified by circular dichroism (CD) spectroscopic studies. Compounds <B>1</B>–<B>8</B> were evaluated for their cytotoxicity against A549 (non‐small cell lung adenocarcinoma), SK‐OV‐3 (ovarian cancer cells), A498 (human kidney epithelial cells), and HCT‐15 (colon cancer cells) human tumor cell lines using sulforhodamine B assays <I>in vitro.</I></P>

A Thermostable Xylose Isomerase from Thermus thermophilus: Biochemical Characterization, Crystallization, and Preliminary X-ray Analyses

Suh, Se Won,Chang, Changsoo,Park, Byung Chul,Lee, Dae-Sil The Korea Science and Technology Center 1998 BMB Reports Vol.31 No.6

A highly thermostable xylose isomerase from Thermus thermophilus has been expressed in Escherichia coli and crystallized. The purified enzyme shows it optimum temperature at 90℃. It has been crystallized at room temperature using polyethylene glycol 4000 as the precipitant. The crystal belongs to the orthorhombic space group P2₁2₁2₁, with unit cell parameters of a=73.34Å, b=144.05Å, c=155.07Å. The presence of one molecule of tetrameric xylose isomerase in the asymmetric unit gives a crystal volume per protein mass (Vm) of 2.32ų/Da and the solvent content of 47.0% by volume. The diffraction pattern extends to 1.9Å Bragg spacing with synchrotron radiation and a set of native data has been collected to 2.3Å.

Iridoid Glycosides from the Twigs of <i>Sambucus williamsii</i> var. <i>coreana</i> and Their Biological Activities

Suh, Won Se,Kim, Chung Sub,Subedi, Lalita,Kim, Sun Yeou,Choi, Sang Un,Lee, Kang Ro American Chemical Society and American Society of 2017 Journal of natural products Vol.80 No.9

<P>Six new iridoid glycosides, sambucusides A-F (1-6), and two known derivatives (7 and 8) were isolated from a methanol extract of the twigs of Sambucus williamsii var. coreana. Their chemical structures were elucidated by spectroscopic methods, including NMR (H-1 and C-13 NMR, H-1-H-1 COSY, HMQC, HMBC, and NOESY) and HRMS. All isolated compounds (1-8) were evaluated for their antiproliferative activities against four human cancer cell lines (A549, SK-OV-3, SK-MEL-2, and Bt549). Their effects on nitric oxide (NO) production in lipopolysaccharide (LPS)-activated BV-2 cells and their neuroprotective effects through induction of nerve growth factor (NGF) in C6 glioma cells were also examined. Compounds 2, 3, and 5 showed cytotoxic effects (IC50 1.3-8.7 mu M) against the SK-MEL-2 and Bt549 cell lines and inhibitory effects on NO production (IC50 of 0.9, 1.3, and 1.2 mu M, respectively). Compounds 2, 4, and 8 exhibited NGF-releasing effects (147.0 +/- 5.8%, 158.7 +/- 5.2%, and 152.6 +/- 7.3%, respectively).</P>

NMR Study of Effects of $MgCl_2$ on the Structural and Dynamical Properties of Yeast Phenylalanyl tRNA

Se Won Suh,Byong Seok Choi,Ki Hang Choi,Jin Young Park Korean Chemical Society 1992 Bulletin of the Korean Chemical Society Vol.13 No.5

Solvent exchange rates of selected protons were measured by NMR saturation recovery method for yeast $tRNA^{Phe}$, at temperature from 25 to $40^{\circ}C$, in the presence of 0.1 M NaCl and various low levels of added magnesium ion. The exchange rates in zero $Mg^{2+}$ concentration indicate early melting of acceptor stem, D stem, and tertiary structure. Addition of magnesium ion stabilizes the entire D stem more effectively than any other secondary or tertiary interactions.