공동불법행위에 관한 연구

강동호 경상대학교 경남문화연구소 1979 慶南文化硏究 Vol.2 No.1

A tort is not always composed of by the act of only one man but may be made up of by the act of several persons, which is called $quot;cotort$quot; and is prescribed in Article 760 of the Civil Code. Here in this provision are included three kinds of types. In this study, through the survey of the judicial precedents of two countries Korea and Japan, and by the reconsideration and the comparison of the contentions of theories, the development of the concept of the cotort has been made .an attempt centering around Article 760 of the Civil Code. As a result, the conclusions acquired from several important points at issue are as follows: A) It is considered that joint cognition-subjective joint one-is required as the requisite for organizing the cotort in a narrow sense. As compared with ther differences between Paragraph Ⅰ & Ⅱ of this Article, the way of the above-mentioned interpretation of this Article is found to be reasonable, and it is based on the consideration that the cotort cannot be consisted of between an intentional person and a negligent one. B) The joint liability imposed on the doer of the cotort is regarded not as unreal joint debt but as real joint one. It is because Article 760 of the Civil Code must be esteemed according to the context of it, and because the substantial balance among the debtors has to be kept. C) In our Civil Code, the distinction between the cotort in a narrow sense and the cotort done by unknown injurer is interpreted in a different way from the former Japanese Civil Code and the majority of theories. The establishment of the cotort corresponds to Paragraph Ⅰ of the Article 760 exclusively in case the doers have the subjective joint correlation, and in case the act has the objective joint correlation only, Paragraph Ⅱ. D) In case there is a cotort done by unknown injurers, it seems that, one of them who demonstrated that his act did not result in the damage, should be free from the joint debt.

債權者 取消權 小考

姜東湖 慶尙大學校 1976 論文集 Vol.15 No.-

In case the debtor has done damage to teh creditor's chaim to his property by his conscious legal act, the latter has the right to bring an action and to demand revocation of the act and restoration of the property. This right of action, which is called "action pauliana" aims at preservation of the debtor's property on the whole, i.e. debtor's liable property, as well as the creditior's action of subrogation. With regard to this right there have been many discussions in its nature, in its institutinal application and in the interpretation of the statutes concerned. Here we are attempting to develp a new construction by comparing theories and examining precedents critically, with the conclusiotns as follows: 1. Even fraud act can be an object of "actio pauliana". 2. A creditor who has claim to a specific thing can also bring an "action pauliana". 3. Every desposal of realty constitutes an act by which the debtor does damage to the creditor. 4. In case of revocation of a substitutional repayment at an unreasonable cost, in principle, the transfered propoerty itself must be resotored. 5. As long as person who has taken profit from the debtor has been in good faith, an "actio pauliana" cannot be grought against the next person, even if he is ill-intentioned.

틈새review - "낙천주의자 캉디트"

강동호,Gang, Dong-Ho 대한출판문화협회 2003 출판저널 Vol.337 No.-

權力分立의 時代的 變遷小考

姜東湖 진주농과대학 1971 진주농과대학 연구논문집 Vol.- No.10

The theory of the separation of powers has changed much in its significance with the transition of times. In the age of constitutional state of citizens, which was regarded as so to say night-guard state, the function of the state was restricted passively within the security of individual liberties. At that time, the legislation meant the enactment of general and abstract norms, while the execution and the judicature meant the individualization and concretion of the general and abstract norms. The unification between the legislation and the executive by political parties, as we see today, was not yet carried out. Therefore, the principle of the separation of powers was maintained strictly on the whole, in the separation of both functions and organs. However, the progress of the economic system of non-interference capitalism has brought about various social problems, on which the state could no more look with indifference, as it did in the past. The functions of modern state. especially in the field of execution, have been magnified, and accordingly the phenomena of trust legislation and disposal act have appeared. Hereupon, the actual difference between legislation and execution has diappeared. And the modern state has become a mass-democratic state owing to the expansion of suffrage, with the advance of democracy. And it necessarily caused the rise of political parties as a means which enables mass people to form the national intention. Therefore, in the modern state, the legislation and the executive are unified through the activities of political parties. If so, where is the significance of the separation of powers? I grasped it mainly out of the following two point of views. a) Intraorgan separation of powers as in the bicameral system and in the system of coleg' ialjudgment, b) Vertical separation of powers as in the system of plural parties, of pressure groups and of individual liberties.

The Differential Effects of Focus-on-form Instructions on EFL Learners` Grammar Learning.

강동호 팬코리아영어교육학회 2004 영어교육연구 Vol.16 No.1

Though there is general agreement that focus on form plays a key role in the acquisition of a target structure, types of instruction are currently the topic of debate and empirical investigation. While the professional literature abounds with the values of focus on form instructions in second language classrooms, few researchers have investigated the differential effects of the focus on form instructions in terms of L2 learners’ proficiency levels. Therefore, the purpose of the study was to examine (1) the differential effects of input-based and consciousness-raising instructions on the acquisition of L2 English present perfect tense and (2) L2 learners’ views on the instructions in terms of their proficiency levels through both quantitative and qualitative methods. The findings showed that the input enhancement instruction was more effective for the less advanced learners, while the consciousness raising instruction was helpful to more advanced L2 learners. Therefore, we should take into account L2 learners’ factors when deciding which instructional types to use.

The Immediate vs. Delayed (Memory) Effects of Focus-on-form on Grammatical Competence in Context of CMC

강동호,배태일 팬코리아영어교육학회 2005 영어교육연구 Vol.17 No.3

Whereas the professional literature abounds with the values of focus-on-form instructions in second language classrooms in recent years, few researchers have investigated both immediate and delayed effects on grammatical competence regarding the benefits of the focus-on-form instructions in context of on-line CMC (Computer-Mediated Communication). Therefore, the purpose of the study was to examine the immediate and delayed (memory) effects of input-based and output-based off-line instructions on the acquisition of L2 English conditional sentences in context of on-line CMC. The findings showed that the output-based off-line instruction was more effective than the input-based off-line one in the on-line CMC contexts on the immediate test, but the results were reverse on the delayed (memory) test. In addition, input- based or output-based instruction led to gains only in the particular skills being practiced (i.e., comprehension or production), which would support the skill-building theory. Theoretical position and pedagogical implications will be discussed.

무한한 가치를 창출하는 포장산업에 매력

강동호,Gang, Dong-Ho (사)한국포장협회 2006 包裝界 Vol.155 No.-

Developmental Perspective of Feedback on L2 Writing in the Sociocultural Theory

강동호 한국현대영어영문학회 2008 현대영어영문학 Vol.52 No.2

While the professional literature abounds with the longitudinal study of feedback on L2 writings, little research has investigated the developmental perspective within the sociocultural theory (SCT). The study examined students' developmental patterns on both wholistic and analytic components of L2 writings through three stages of feedback: Teacher, peer, and self-review. For the purpose of developmental study of L2 writing, twelve Korean college students were first asked to revise their 1st drafts with teacher feedback, followed by peer review, and finally by self-review on three developmental stages. The results showed that there existed three patterns of regulations among the students' writing development. The object-regulated students seldom improved their writings through the assistance of three types of feedback, while the other-regulated students can improve their writings with assistance from teacher or peers. The self-regulated students become independent writers through the developmental stage of other-regulation. On the other hand, the effects of other-regulation on L2 writing differed from component to component. That is, the components of language (grammar) and organization seemed to be more difficult parts than those of content, vocabulary, or mechanics for the object- and other-regulated writers. The theoretical background and pedagogical implications are discussed.

손톱위허물 접힘술을 이용한 급성 수지 첨부 손상의 즉각 손톱 길이 연장술

강동호,남현재,천호준,김영우,우상현 대한수부외과학회 2017 대한수부외과학회지 Vol.22 No.1

Purpose: We present the clinical results and operative method of the immediate eponychium of nail fold set back for lengthening of nails caused by acute fingertip injuries. Methods: The research was conducted with a total of 172 patients during the period from January 2014 to June 2016. The operation method was performed in a way to fold down the two sides of the nail eponychium and had suture. A survey of the patients’ subjective satisfaction was conducted and the relative nail length was compared before and after the operation as well as the nail length of the uninjured contralateral finger. The mean follow-up period was 18.2 weeks. Results: In all cases, the operation time was under 3 minutes. There were no specific complications such as nail eponychium’s necrosis or congestion. The new nail did not have any additional deformation. On average, the extended nail length was 3.2 mm. Compared with preoperation, the average extension ratio of the nail length was 48%, even with 75% of nail length recovery in comparison with the uninjured contralateral finger. The subjective self-satisfaction score was 92.5 on average. The satisfaction score was higher for patients who had greater remnant nail length. Conclusion: Immediate nail lengthening with the eponychial folding is a simple, safe and useful method with high subjective satisfaction in aesthetics for the patients with acute fingertip injuries. 목적: 수지 첨부 손상으로 짧아진 손톱의 길이를 늘이기 위해 손톱위허물 접힘술을 시행하여 만족할만한 미용적 결과를얻었기에 수술 방법과 결과를 보고하고자 한다. 방법: 2014년 1월부터 2016년 6월까지 손톱위허물 접힘술을 이용한 즉시 손톱 길이 연장술을 시행한 172명을 대상으로 하였다. 수술 방법은 손톱 위 허물 양측에 절개하여 근위부 안쪽으로 접어내려 봉합하였다. 재건한 수지 첨부의 미용상 주관적 만족도에 대하여 조사하였고, 수술 전의 손톱 길이에 비해 늘어난 길이와 반대편 손톱 길이와의 상대적 비율을 비교하였다. 결과: 모든 예에서 수술 시간은 3분 미만이었고, 손톱위허물의 괴사나 울혈 등의 특별한 합병증은 발생하지 않았다. 새로 나온 손톱에 추가 변형은 없었으며, 평균 손톱 길이 연장 효과는 3.2 mm였다. 접힘술 이전의 손톱 길이와 대비해서평균 48%의 연장 효과가 있었고, 건측과 비교할 때는 평균 75% 회복되었다. 최종 추시에서 미용상 만족도는 평균 92.5 점이었으며, 최초 손톱 길이의 소실이 적은 환자에서 만족도는 더 높았다. 결론: 손톱위허물 접힘술을 이용한 즉각 손톱 연장술은 급성 수지 첨부 절단 환자의 짧아진 손톱을 길게 해주는 안전한술식으로 높은 미용상 주관적 만족도를 보였다.

변형된 Bilhaut-Cloquet 방법을 이용한수렴형 IV형 무지 다지증의 치료

강동호,우상현,김재현,남현재,천호준,김영우 대한수부외과학회 2013 대한수부외과학회지 Vol.18 No.4

Purpose: The authors applied modified Bilhaut-Cloquet procedure to convergent type of Wassel type IV duplicated thumb. In order to avoid secondary Zdeformity and dysfunction of the reconstructed thumb, the authors modified operative techniques of Bilhaut-Clopuet procedure. Methods: Fourteen patients received Bilhaut-Cloquet procedures to correct duplicated thumbs from October 2008 to May 2013. Five patients were balanced type and nine patients were unbalanced type. Mean age at the operation was 20.1 month-old (range, 12-52 month-old). Angular deformity, joint stability,range of joint motion and cosmetic outcome were estimated based on Tada score. Postoperative subjective satisfaction score of the parents was evaluated using a 100-points scale. Results: Mean subjective satisfaction score was 75 points at 28 months after the operation. Radiologic study showed bony union of proximal phalangeal bone and stable joint in all patients. Mean range of motion was 20 degrees in interphalangeal joint and 73 degrees in metacarpophalangeal joint. Based on Tada score, the results were good in ten patients (72%), fair in two (14%) and poor in two (14%). Seven patients who were able to follow up for a long term showed no significant difference in length of proximal and distal phalangeal bones compared to the opposite thumb. Conclusion: Modified Bilhaut-Cloquet procedure can be applied not only to balanced type of convergent Wassel type IV duplicated thumb, but also to unbalanced type, that focused on functional reconstruction and cosmetic improvement. 목적: 수렴형 Wassel 제IV형 무지 다지증의 절제술 후 발생하는 무지의 Z-변형으로 인한 기능 저하와 미용적 문제를해결하기 위하여 Bihaut-Cloquet 방법을 변형하여 수술하고 장단점과 수술 후 결과를 보고하고자 한다. 방법: 2008년 10월부터 2013년 5월까지 변형된 Bilhaut-Cloquet 방법을 이용하여 수술을 받은 수렴형 Wassel 제IV 형 환자는 총 14예였다. 대칭형은 5예였고, 비대칭형은 9예였다. 평균나이는 20.1개월이었다. 수술 후 환자 보호자(parents)의 주관적 만족도, 각변형, 관절의 안정성 및 운동 범위, 미용적 만족도를 모두 고려하여 Tada score로 평가하였다. 결과: 수술 후 평균 28개월에 부모의 주관적 만족도는 평균 75점이었다. Tada score는 5점 이상의 우수한 경우가 10명이었고, 3-4점의 양호는 2명, 불량은 2명이었다. 수술 후 48개월 이상 경과를 관찰할 수 있었던 7예에서 무지의 원위지골과 근위지골의 길이는 정상 측과 비교하여 별 차이가 없었다. 결론: 수렴형 Wassel 제IV형 무지 다지증에서 기능 재건과 미용적 개선에 초점을 맞춰 변형된 Bilhaut-Cloquet 방법으로 만족할만한 수술 결과를 얻을 수 있었다.