상고심절차에 관한 특례법상의 중대한 법령위반에 관한 소고

정규상,김홍규 한국사법행정학회 1996 사법행정 Vol.37 No.2

綜合討論 質問要旨

鄭圭相 한국법학원 2003 저스티스 Vol.- No.72

SOI 압력센서

정규상,석전성 (石田誠),중촌철랑 (中村哲郞) ( Gwiy Sang Chung,Makoto Ishida,Tetsuro Nakamura ) 한국센서학회 1994 센서학회지 Vol.3 No.1

This paper describes the characteristics of a piezoresistive pressure sensor fabricated on a SOI (Si-on-insulator) structure, in which the SOI structures of Si/SiO₂/Si and Si/Al₂O₃/Si were formed by SDB (Si-wafer direct bonding) technology and hetero-epitaxial growth, respectively. The SOI pressure sensors using the insulator of a SOI structure as the dielectrical isolation layer of piezoresistors, were operated at higher temperatures up to 300 . In the case of pressure sensors using the insulator of a SOI structure as an etch-stop layer during the formation of thin Si diaphragms, the pressure sensitivity variation of the 50I pressure sensors was controlled to within a standard deviation of ±2.3 % over 200 devices. Moreover, the pressure sensors fabricated on the double SOI (Si/Al₂O₃/Si/SiO₂/Si) structures formed by combining SDB technology with epitaxial growth also showed very excellent characteristics with high-temperature operation and high-resolution.

문서제출의무 -일본에서 자기이용문서성인정에 관한 판례를 중심으로-

정규상 한국민사소송법학회 2009 민사소송 Vol.13 No.1

This Article reaches the following conclusion as to order for production of a document: (1) Korean legal academics may interpret in the same way as old civil procedural law prior to 2002 revision of Korean Civil Procedure Act the scope of the document which was executed for the benefit of the applicant (hereinafter "benefit document") or with respect a legal relation between him/her and the holder (hereinafter "legal relation document") under Article 344 (1) of Korean Civil Procedure Act. In particular, the said interpretation is thought to be proper as to the document used for the applicant in order to avoid systematic maldistribution of evidence; (2) Which documents will be determined first between benefit and legal relation ones is not of importance because the two is selective relation; (3) As far as the criteria to determine whether a certain document is one used for the applicant, Japanese case law put heavy weight on the objective nature of documents in terms of requirement for being an internal document, and categorized determination as to whether a document is not beneficial for the applicant. However, taking into account the contents and importance of a document, the purpose of litigation such as public interest action, and the status of the parties to an action, the court need to review and determine the factors by employing in camera proceedings or oder for partial production of a document; and (4) In terms of burden of proof related to the requirement for validity of order for production of a document, the applicant need to bear his/her burden to prove that his /her privilege not to produce a document does not exist. Hence, once the applicant prove it, the holder of the document need prove that the document falls within the scope of Article 344 of Korean Civil Procedure Act.

集中審理 내지 訴訟外的인 紛爭解決을 위한 전제로서의 獨立的인 證據調査節次에 관한 연구

鄭圭相 中央大學校 法學硏究所 1996 法學論文集 Vol.22 No.-

사해방지참가의 적법요건에 관한 고찰

정규상 한국민사소송법학회 2011 민사소송 Vol.15 No.2

“Third-party intervention to prevent an act of fraud” was first established under Japan’s previous Civil Procedure Act. This Act provided for both third-party interventions for purposes of claiming a right and third-party interventions for purposes of preventing an act of fraud; and these provisions were imported into the Korean Civil Procedure Act with no changes made thereto (other than for the fact that the order of these provisions were reversed). In this paper, the author reviews the legislative history and evolution of the relevant provision and identifies the following as the legal elements for third-party intervention to prevent an act of fraud:First, a review of the legislative history reveals that this provision was based on the theory of fraudulent intent. This, however, does not mean that the existence of fraudulent intent among the plaintiff and the defendant in a lawsuit is in itself sufficient to permit third-party intervention to prevent an act of fraud; rather, such intervention is permitted only if there is also a risk that the outcome of said lawsuit may have a detrimental effect on the interests of the third-party. In other words, although the provision is based on the theory of fraudulent intent, third-party intervention to prevent an act of fraud is permitted only if there is (i) a fraudulent intent, and (ii)an actual risk of harm to the third-party’s interests. In this sense, it may be said that the theory of fraudulent intent relied on by this provision is one of which scope has been broadened to a certain extent. Further, the determination of fraudulent intent is not a subjective one, but an objective one – i.e., whether, from the perspective of an ordinary person, such intent may objectively be said to exist. In connection therewith, a review of the relevant case law shows that courts make such determination by taking into account the attitude of the litigants, the claims made by the litigants and the third-party seeking to intervene, the evidence offered in substantiation of such claims, and the overall thrust of legal arguments. It is highly likely that the factors for determining the objective existence or non-existence of fraudulent intent will become more refined with the accumulation of relevant case law. Second, insofar as third-party intervention to prevent an act of fraud is concerned, case law holds that such intervention is appropriate even if the claims of the plaintiff and those of the third-party intervener are at odds with each other. Third, regarding the issue of whether, in the case of a third-party intervention to prevent an act of fraud, the claim of the third-party intervener must be at least as independent a claim as that of the plaintiff, the answer is no – such intervention should be permitted even if the third-party’s claim consists merely of a request for dismissal of the plaintiff’s claim against the defendant. Fourth, third-party intervention to prevent an act of fraud may be permitted if there is a need to dispose of the plaintiff’s claim and the third-party intervener’s claim in the same manner.

[주제 3] 옥외광고 개선사업 사례발표

정규상 한국OOH광고학회 2007 한국옥외광고학회 학술대회 Vol.2007 No.11

민법상 조합의 당사자능력에 관한 고찰

정규상 한국민사소송법학회 2012 민사소송 Vol.16 No.2

Our courts interpret the non-corporate associations under the Civil Procedure Act as being conceptually the same as the non-corporate associations under Article 275 of the Civil Code, and based on this interpretation deny recognition of civil code partnerships as entities having the capacity to sue or to be sued. However, the aforementioned Article merely deals with these associations in connection with the concept of collective ownership, which is a form of joint ownership of property, and is not intended to serve as the definitive provision for the basic concept of associations; and the author questions whether this limited concept of non-corporate associations under the Civil Code may be viewed as having the same meaning or function as their counterparts under Article 52 of the Civil Procedure Act, which is a provision relating to the resolution of disputes. The author also believes that there are problems with today's practice of measuring the wide variety of multi-member groups in society against legal criteria established under substantive law and recognizing only those groups which meet such criteria as having the capacity to sue or to be sued. As the capacity to sue or to be sued is a procedural and not a substantive issue, the author believes that it is not necessary to view the concepts of non-corporate associations under the Civil Code and the Civil Procedure Act as being identical. Hence,the author suggests that the non-corporate associations under the Civil Procedure Act be interpreted to cover civil code partnerships as well, in order to facilitate the procedures for dispute resolutions, and that non-corporate associations be defined broadly so that groups will qualify as long as there exists some unity of purpose among the group members and the group has rules for reflecting the opinions of the members and choosing their representative.

민사소송법개혁의 비교법적 검토 - 일본과 독일을 중심으로 -

정규상 한국사법행정학회 1992 사법행정 Vol.33 No.11

공공미술 가치 향상을 위한 유형에 관한 연구 -서울시 마곡지구 공공미술 계획 사례를 중심으로-

정규상 한국디자인문화학회 2018 한국디자인문화학회지 Vol.24 No.4

오늘날의 공공미술은 과거의 닫힌 공간에서만 감상했던 것과 달리 공공의 장소에서 시민이 참여하고 관람 가능할 수 있게 되었다. 이를 활성화하기 위해서는공공미술에 대한 시민들의 적극적인 참여 및 정부기관의 제도적 뒷받침 등 다양한 방안이 필요하다. 이에본 연구는 국내 공공미술의 가치 함양을 위한 유형을추출하는 것을 목적으로 한다. 국내⋅외 다양한 공공미술 사례분석을 공공미술 활성화를 위한 유형을 기능적 측면과 제도적 측면으로 구분하고 이를 바탕으로 서울 마곡지구 공공미술 계획 사례에 적합한 방안으로 제시하는 것을 목적으로 한다. 이를 통해 향후국내 공공미술의 가치 향상과 활성화를 통해 시민들이 일상생활 속에서 향유할 수 있기를 기대해 본다. Today ’s public art has become accessible to the public in public places, unlike what we have seen only in the closed space of the past. In order to activate this, citizens need to participate actively in public art and institutional support of government agencies. The purpose of this study is to extract the types for the value of public art in Korea. The purpose of this study is to classify the types of public arts in Korea and abroad into functional and institutional aspects and present them as a suitable method for public art projects in the Magog district of Seoul. Through this, I hope that citizens will be able to enjoy their daily life through the enhancement and revitalization of public art in the future.