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      • 未成年者의 不法行爲責任

        尹正煥 昌原大學校社會科學硏究所 2003 사회과학연구 Vol.10 No.-

        In Korean legal system minors do receive special protection in the area of the law of torts. The Korean Civil Law provide that minors below the age of discretion, generally between 13 and 14 years, are immune from liability for their torts because of their incapability of having the intent that liability requires( art. 753.) The supervisor is liable when the minor incurs no liability and if the supervisor cannot prove that they had not failed in their duty of supervision(art. 755). The court held that the parents are not liable for the torts of their children where the minor himself incurs liability. Under this solution the parents are only liable if the minor incurs no lability. Since minors typically do not have the financial resources ot satisfy torts claims against them, the issue of the liability of parents for the torts of their children is more often that not only of acadmic interest. This fact has led the courts and writes to set about imposing some liability on parents for the torts of their children, irrespective of whether the children have been liable to the injured person. The courts and writers have evolved a special notion of the supervisor's liability by the interpretation of the civil Law. The supervisor's liability of art. 755 is based on his default of supervision-this being presumed. Where the minor himself incurs liability, the liability of parents arise also on proof of default of proper supervision by the general rule of tortious liability(art. 750). However, in contrast to the solution by art. 755, the liability of parents here can only operate against parents charged with the duty of care to supervise the minor(art. 813)and the fault of parents is not presumed. In applying the general rule of tortious liability, it is important to define the extent of the supervision and the standard of proot of fault. As far as minors are concerned, the following factors must be considered in determining the extent of the duty of supervision : the child's age, the degree of his development and the care that one may expect from reasonable parents, taking inlo account their financial situation as well as their professional status. However, it is desired to encat statutes imposing some liability on parents irrespective of proof of improper supersision.

      • 未成年者의 不法行爲에 대한 監督義務者의 責任

        尹正煥 昌原大學校社會科學硏究所 2003 사회과학연구 Vol.10 No.-

        In Korean legal system minors do receive special protection in the area of the law of torts. The Korean Civil Law provide that minors below the age of discretion, generally between 13 and 14 years, are immune from liability for their torts because of their incapability of having the intent that liability requires( art. 753.) The supervisor is liable when the minor incurs no liability and if the supervisor cannot prove that they had not failed in their duty of supervision(art. 755). The court held that the parents are not liable for the torts of their children where the minor himself incurs liability. Under this solution the parents are only liable if the minor incurs no lability. Since minors typically do not have the financial resources ot satisfy torts claims against them, the issue of the liability of parents for the torts of their children is more often that not only of acadmic interest. This fact has led the courts and writes to set about imposing some liability on parents for the torts of their children, irrespective of whether the children have been liable to the injured person. The courts and writers have evolved a special notion of the supervisor's liability by the interpretation of the civil Law. The supervisor's liability of art. 755 is based on his default of supervision-this being presumed. Where the minor himself incurs liability, the liability of parents arise also on proof of default of proper supervision by the general rule of tortious liability(art. 750). However, in contrast to the solution by art. 755, the liability of parents here can only operate against parents charged with the duty of care to supervise the minor(art. 813)and the fault of parents is not presumed. In applying the general rule of tortious liability, it is important to define the extent of the supervision and the standard of proot of fault. As far as minors are concerned, the following factors must be considered in determining the extent of the duty of supervision: the child's age, the degree of his development and the care that one may expect from reasonable parents, taking into account their financial situation as well as their professional status. However, it is desired to encat statutes imposing some liability on parents irrespective of proof of improper supersision.

      • KCI등재

        The Role of Gastrokine 1 in Gastric Cancer

        윤정환,최원석,김올가,박원상 대한위암학회 2014 Journal of gastric cancer Vol.14 No.3

        Homeostatic imbalance between cell proliferation and death in gastric mucosal epithelia may lead to gastritis and gastric cancer. Despiteabundant gastrokine 1 (GKN1) expression in the normal stomach, the loss of GKN1 expression is frequently detected in gastric mucosainfected with Helicobacter pylori , as well as in intestinal metaplasia and gastric cancer tissues, suggesting that GKN1 plays an importantrole in gastric mucosal defense, and the gene functions as a gastric tumor suppressor. In the stomach, GKN1 is involved in gastricmucosal inflammation by regulating cytokine production, the nuclear factor-κB signaling pathway, and cyclooxygenase-2 expression. GKN1 also inhibits the carcinogenic potential of H. pylori protein CagA by binding to it, and up-regulates antioxidant enzymes. In addition,GKN1 reduces cell viability, proliferation, and colony formation by inhibiting cell cycle progression and epigenetic modification bydown-regulating the expression levels of DNMT1 and EZH2, and DNMT1 activity, and inducing apoptosis through the death receptordependentpathway. Furthermore, GKN1 also inhibits gastric cancer cell invasion and metastasis via coordinated regulation of epithelialmesenchymal transition-related protein expression, reactive oxygen species production, and PI3K/Akt signaling pathway activation. Although the modes of action of GKN1 have not been clearly described, recent limited evidence suggests that GKN1 acts as a gastricspecifictumor suppressor. This review aims to discuss, comment, and summarize the recent progress in the understanding of the role ofGKN1 in gastric cancer development and progression.

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