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      • 契約理論의 轉向과 信義則의 進展

        林健默 淸州大學校 1958 論文集 Vol.2 No.1

        In modern society, the social functions controlled by contract are very numerous. When England was visited by the capitalistic golden age, the motto, "from status to contract", declared by Maine in his renowned book, Ancient Law, was a concise manifestation which grasped the process in which the field of contract had been enlarged by the advancement of human civilization. A contract, as long as the important part of our social life is maintained by transactions through our free will, has an essential relation inseparable with our social life. Hence, daring the progress of the contract system, there was a reflection of the troubles of the age, the efforts to overcome them, and the principles guiding such efforts. A contract depends on free will and mutual respect of it. Where there is no free will or mutual respect, there is only command, and submission. The authority of a contract, therefore, was most emphatically recognized when individuality was acknowledged, and individual emancipation from the idea of the traditional social class came into vogue. And respect for a contract promoted the establishment of the principle of freedom of contract. This principle of freedom of contract, accompanied by progress in economic life which took shape from the growth of mechanical civilization, accelerated the promotion of the economic system based on individualistic capitalism, the extreme development of which finally led to many economic gaps in society. In olden times social status was something determined centuries before. In our times social status is more determined by material and even by Iuck. Society, however, gradually evolved as a systematic and organic mass, its authority as a ruling body being strongly recognized, and the essential relation between individual and society was vigorously felt. Wilh this, a contract among individuals was again criticized from the social standpoint...or the free will of the individual was snatched from formality to actuality and the gaps mentioned above were mitigated, the efforts on rationalization of these being attempted. That is, one of the themes of today in contract theory is the point of trying, on one hand, to liberate the free will in contract from being formal to being substantial, and on the other hand, to criticize contracts among individuals from the standpoint of society in general, in order to understand the rights and duties of individuals emerging from contracts as those of society, and to adjust the exteme opposition in the interests of the contacting parties occuring from the arbitrary and conventional principle of freedom of contract from the standpoint of the society in general. Efforts of this kind enable the traditional contract theory to undergo a change and evolotion. At the same time, in encouraging this change and evolution in the interpretation of the substantive law, it is desirable that the idea of faith and sincerety, the highest guiding idea of the law of obligatioon, should be active with the constantly new and comprehensive contents. However, while the legal relation has a claim to be, on one hand, harmonized with the moral norm such as faith, it requires, on the other hand, its formal stability, Correcting legal relations by moral norms will give the judge a relatively extensive margin of free discretion, which it is feared may be against the demand for legal stability. This double-faced demand is called by the scholars "rechtsicherheit", and "konkrete billigheit". This request for stability in legal relation founded on law and contract and concrete understanding in every individual trial based on faith and sincerety, is destined, in the end, to some modification accoring to the age and the circumstances in legal relations, Accordingly, at the time when stability of legal form was more respected, correction of legal relation based on faith was carried on very cautiously. When the social demand to get a concrete appropriateness in trials is strong, this principle will be available. From the last half of the 18th to the middle of the 19th century, French civil law and legislation influenced by it considered individual freedom and respect for personal right as the ideal of society and the supreme end of law. So, the strict exercise and performance of rights and duties set up by contract founded on individual free will, was in conformity with the purpose of the law; and the application of the faith principle was welcomed from the viewpoint of social life and law. But, since the middle of the 19th century, with the change of idea from "individual and right" basis to "social and group" basis, the faith principle has under-gone a notable variation, and has entered all fields of law relations as the highest principle and has replaced the principle of freedom of contract in the law of obligation. of course, the couses of this may vary, but undoubtedly, the most important one is that the social view based on "individual freedom and intention" gradualy lost its influence, and the social view based on "society and group" appeared. Roseoe Pound said that from the end of the last century to the beginning of the present century people had come to think more of human wants or desires than of human wills. That explains nothing but the above statement. The main points I have discused in this thesis are: 1. a review of the process in which the individual was liberated from personal bondage of feudal society and gained the right of freedom of contract based on the, principle of liberty and equality. 2. The merits of freedom of contract which overthrowing the stagnant social conditions of feudal society, formed on active society bull of individual initiative, and spurred on the progress of capitalistic civilization. 3. But, under recent economic circumstances along with the overmaturity of capitalistic civilization, the unilateral possession and centralization of property, freedom of contract has become an arbitrary freedom for superiors, and an arbitrary submisson for inferiors. It has already become impossible for freedom of contract to achieve its ariginal purpose. Thus, an inevitable movement for the recent principle of freedom of contract is limitation from all sides. 4. To grent a theoretical basis to-the baith principle esteemed as the highest norm in exercising and performing one's rights and duties and interpreting law and contract, I have tried to make a clear explanation on the new contract theory based ona group basis, compared with that based on the conventional individual basis. 5. It is demonstrated that the legal principle of faithis of such a nature that it surpasses the category of individualistic thought; and can be extracted and explained at first, only in the keynote of the theught of the group principle. 6. Finally an explanation has been given on how harmony can be made between the faith principle and legal stability.

      • 식물체로부터 추출한 물질이 상추 종자의 발아 및 생장에 미치는 영향

        박건남,이민경,황선주,김학윤,이인중,신동현,김길웅 경북대학교 농업과학기술연구소 1999 慶北大農學誌 Vol.17 No.-

        This study was conducted to detect the allelopathic effect of water and ethanol extracts from 4 plant species (Lactuca sativa L., Ambrosia elatior L., Oenothenra odorata Jasp., Ginkgo biloba L.) on germination and growth of lettuce seeds. A little bit higher inhibitory effect was obtained in ethanol extracts rather than water extracts. Allelopathic effects varied in the source of extracts and concentrations of 4 plant species and the highest allelopathic effect appeared in 10% solution, regardless of plant species.

      • KCI등재후보

        장애인고용정책의 문화이론적 분석

        이곤수 한국장애인고용촉진공단 고용개발원 2006 장애와 고용 Vol.16 No.2

        이 연구는 장애인고용정책의 설명을 위해 Douglas와 Wildavsky의 문화이론을 도입하여 문화적 분석을 시도한 것이다. 이는 사회적 가치와 신념 및 구성원들 간의 사회적 관계를 혼합하여 문화에 관한 체계적 유형론으로 정립된 문화이론은 장애인차별 및 고용문제와 같은 문화적 민감성이 높은 정책이슈들에 내재하는 가치 갈등의 문제를 설명하는데 유용하기 때문이다. 연구는 장애인고용정책의 문화론적 접근의 필요성과 가능성을 검토하고, 운명주의· 계층주의· 평등주의· 개인주의의 4가지 삶의 양식으로 구분되는 문화유형에 따라 장애인고용의 정책논리와 양상을 살펴보고, 한국의 장애인 고용과 정책에 대한 문화론적 분석으로 이루어졌다. 분석결과를 통해 장애인고용문제는 운명주의와 계층주의적인 삶의 양식, 형식적 평등주의와 실질적 계층주의의 정책, 그리고 개인주의적 삶의 유형이 혼재하는 평등주의 지향의 장애인운동 속에서 가치갈등을 내포하고 있음을 보여주었다. 이를 토대로 장애인차별을 해소하고 평등과 사회통합을 실현하는 바람직한 장애인고용저책을 위해서는 직업재활과 개인적 서비스 공급에 한정되는 계층주의를 극복하고 적극적 고용정책을 처방하는 평등주의적 삶의 양식의 실질적 확립을 위한 문화변용자로서 역할 수행이 필요함을 시사하였다. This study aims to explain the process of the employment policy for people wlth disabilities by applying cultural theory developed by Douglas and Wildavsky. Cultural theory proposes four ways of Iife as culture types wlth the two dimensions of group and grld. Those four ways of Iife are hierarchy, fatalism, egalitarianism, and indivldualism. Using thls analysing lens of cultural theory, in this article, I attempt to provide cultural interpretations on the disable's way of Iife, a way of Iife Iied at the basis of the employment policy for the disabled, and the way of Iife intended by the emerging disability movement. This research shows that issues of the disabled employment take a value conflict situatlon which it is mixed characteristics of fatalistic or hierarchic way of Iife in labor market and features of hierarchic or egalitarian way of Iife in area of pubic policy for people with disabilities. The paper concludes with a proposal for a cultural view of publc policy as a catalytic agent for acculturation and asserts that the civic movement and public policies for people with disabilities should be focused in the intervention toward the egalitarian way of Iife.

      • 복부 X선 촬영에 있어서 피폭 선량경감에 관한 연구

        承健男 대구보건대학 1984 대구보건대학 論文集 Vol.8 No.-

        복부 X-선 촬영시에 환자에 대한 피폭선량을 경감시키기 위하여 감도별 증감지와 관전압을 이용하여 실험하였으며 그 결과 다음과 같은 결론을 얻었다. 1. 증감지의 감도는 관전압이 증가됨에 따라 증가되었으며 증감지별로서는 special speed증감지가 우수하였고 special speed 증감지를 사용함으로서 medium speed 증감지 비해서 7.8배로 감도를 증가시킬 수 있었다. 2. 선예도는 관전압의 상승과 증감지의 감도에 반비례하였다. medium speed 증감지를 사용했을 때 감도와 선예도를 각각 100으로 기준을 잡으면 관전압 100 kv에서 special speed 증감지는 257로 증가되는데 비해서 선예도는 67.2로 나타났다. 3. 피폭선량을 표면선량으로 비교할 때에 비해서 100 kv에서 special speed증감지에서는 많은 피폭선량 감소를 보였다. 표면선량이 가장 적은 것은 관전압 100 kv에서 special speed 증감지를 사용할 경우로서 64 mR이고 다음은 역시 special speed증감지를 사용하여 120 kv에서 74 mR으로 나타났으며 medium speed 증감지와 80 kv에서는 663 mR로서 많은 피폭선량을 보여주고 있다. 그러므로 복부 X-선 촬영에서 가급적 고감도의 증감지를 사용하고 관전압은 100 kv이상으로 한다면 환자의 피폭선량을 경감시킬 수 있다는 실험결과를 얻었다. An experimental study for the reduction of exposure dose rate in abdominal vital organ roentgenography in plain film exposure with different screen was implemented and results were as follows : 1. With increasing volts in electricity the sensitivity of intensifying screen was increased accordingly therefore special high speed intensifying screen was the best quality for the reduction of dose rate in comparison of 80 kvp medium speed to 120kvp high speed which is more increased sensitivity in 7.8 times. 2. Sharpness was inversely proportional to the increased volts and sensitivity response to the intensifying screens. As of comparison in 100 of medium speed screens high speed screens become 69.2. 3. Exposed skin doses were resulted in 1/10 of reduction in skin dose in special speed high intensifying screens 100 kvp or more compare to the 8okvp medium speed one. From these results reducing skin dose rate in abdominal exposure of plain Roentgenogram should be utilized more in 100 kvp or more of high voltage and super sensitive hi& speed screens of intensification of exposure dose in abdomen.

      • 발효사료 첨가가 돼지의 성장능력 및 도체특성에 미치는 효과

        김건중 公州大學校 資源科學硏究所 1996 資源科學硏究論文集 Vol.4 No.-

        This experiment was conducted to investigate the effects of dietary supplementation fermented with Appergillus oryzae and Aspergillus niger on body weight gain, feed intake, feed efficiency, nutrient digestiblities and carcass traits of growing- finishing pigs. Sixty crossbred pigs 〔LD(♀) x Y(♂)〕 weighing approximately 20kg, were randomly allotted to 4 treatment and each treatment consisted of 3 replicates and 5 pigs per replicate, after of 120 days feeding trial, pigs were slaughted for carcass quality. The results obtained were as follows: 1.The body weight increased by 4.7kg in the treatment with 20% fermentation feeds added than the control treatment. 2.The feed efficiency was improved by 8% in the treatment with 20% fermentation feeds added than the control treatment. 3.The digestibilities of lipid and total carbohydrate were improved by 4.6%, 3.6% in the treatment with 20% fermentation feeds added than the control treatment, respectively. 4.The lean meat percentage was increased by 2% in the treatment with 20% fermentation feeds added than the control treatment and the backfat thickness was thinned by 0.6cm in the treatment with 20% fermented feeds added than the control treatment.

      • 인라인 스케이팅 상해의 분석과 예방 : 미국의 사례를 중심으로 a case study of US

        김건철 한국스포츠리서치 2004 한국 스포츠 리서치 Vol.15 No.6

        This study is based on 1,282 medical record of CPSC by using NEISS during Dec. 1-31, 2003. There are more injuries in spring and summer than in winter, and most of injuries take place to children in thier teens(54%) or younger children. Moreover, the ratio of male and female injuries is 1.4 to 1. Most injured parts of body are wrist(26.1%), elbow(6.6%), knee(6.3%), head(5.7%), thigh(5.5%), face(4.8%), ankle(4.7%), shoulder(4.0%), and fingers(3.8%). In case of brain injury, possibility of serious brain damage is 68%. Place whre injuries take place are house area, roads, and parks, and places have no relations with parts of body which are injured. Only 3% of injured persons are hospitalized. 90% of all inline skating injuries are related to sprains and injuries caused by a cut. Injuries of wist, elbow, and knee compose 34.5% of all, cases, and which can be prevented by using three-pack protective gear. Therefore, protective gear and long sleeved shirts can protenct the limbs, and equipping with these things are very significant. According to the results of this study, the equipment of protective gear during skating or education must be strongly recommended. According to this study, the percentage of brain damage which can be happen during inline skating is very low, 5.7% but the results of brain damage can be lethal and serious. Therefore, equipping with protective head gear is very important. In short, helmet and three pack head gear are vital when inline skating Equipment of these will have a great effect on the prevention of injuries.

      • 應急患者를 위한 頭部單純提 및 腦血管 撮影裝置의 試作

        承健男 대구보건대학 1978 대구보건대학 論文集 Vol.4 No.-

        with the progress of transport facilities or that pf industry, the number of trafic accidents or factory accidents has increased. Today, no less than several cases of head-trauma are btought to hospital a day. In the radiographing such cases, it is necessary to put a patient on the must suitable position as soon as possible, giving no pain to the patient. Therefoe, the autphy of the patient on a Therefore, the authorsmade for trial a simple X-ray apparatus in order to take x-ray photography of the patient on a stretcher. This apparatus was found to be able to be used for anterior roentgenography, Towne's radiography and encephaloarteriography.

      • 사이클로덱스트린 전환에 미치는 식물유의 영향

        이건주 안동대학교 기초과학연구소 1990 基礎科學 硏究論文集 Vol.1 No.1

        The formation of cyclodextrin from maize starch by cyclodextrin glycosyl transferase of an alkalophilic Bacillus sp. (ANKJ-131). In the presense of rose oil, the enzyme reaction are improved by precipiting end products. The final yield of cyclodextrin was 61.2 gram from 100gram of maize starch.

      • Streptococcus pyogenes에 의한 항암효과에 관하여

        李建柱 건국대학교 1980 論文集 Vol.11 No.1

        12 strains of Streptococcus were isolated from the patient and selected 4 strains which were not produced gas when added H2O2 solution. 1.4 strains were identified as Streptococcus pyogenes A-3. 2.4 Strains were possessed antitumour activity. 3.Their extracellular metabol may be enhanced antitumour activity.

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