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        • KCI등재

          국제법상 무력행사와 규범조화적 헌법해석

          노동영 한국국방연구원 2019 국방정책연구 Vol.35 No.1

          The Inter-Korea Summit meeting on April 27th and the first meeting on June 12th between the president of the United States, most powerful country and the poorest nation’s North Korea summit shows that North Korea wants to become an normal country in the international community. Within the flow of achieve peace in Korean Peninsula, considering current armistice system, it is important to know where the use of armed force is laid in the international law, as well as in Korean Constitutional Law. It is wise for South Korea to provide for a rainy day in the point of contact between the international law and the Korean Constitutional Law. If use of force is allowed according to the international law for the purpose of conservation of Korean territory and maintaining international peace and security, because use of force is operated under international law, it is important to interpret the Korean Constitutional Law systematically. Constitutional limitations are needed to verify the constitutionality between the national(public) interests and the suffering of the national from use of force. 2018년 남북 정상회담 및 북미 정상회담을 통해 북한이 정상국가로 도약하고자 하는 국제사회에 대한 의지를 엿볼 수 있다. 한반도에서의 신뢰와 평화를 위한 거대한 흐름 가운데서도 한국문제로부터 계속된 현 휴전체제의 한반도 안보상황을 고려하여 장차 국제법상 무력행사의 경우가 어떻게 한국에 적용될 수 있는지, 그러한 무력행사 시 고려되어야 하는 우리 헌법 규정은 무엇인지, 무력행사가 헌법사항으로서 헌법 내에서 조화롭게 해석되는 것이 가능한지 등에 대한 검토는 시의적절성 여부를 떠나 국제법과 헌법의 접점으로서 본 연구의 필요가 있겠다. 국내법질서에서 무력행사가 작동하는 이상 관련 헌법규정을 체계적으로 해석하여 무력행사와 이에 따른 법률 등의 조치가 헌법과 충돌되지 않고 조화로울 수 있어야 한다. 무력행사를 통한 국익(공익)과 동시에 초래되는 국가적 손실 및 국민의 권익 측면에서 고통을 비교・형량하여 그 헌법적 적합성을 검증하는 헌법적 한계가 필요할 것이다.

        • KCI등재후보

          유방 종양 환자에서 수술 전 진단적 종양 크기와 수술 후 병리학적 종양 크기에 대한 비교 연구

          노동영,황기태,김혜영,정중기,정인목,허승철,안영준,안혜성,차주희,정세영,장미수 한국유방암학회 2010 Journal of breast cancer Vol.13 No.2

          Purpose: This comparative study analyzed the relationship between the preoperative diagnostic tumor size and the postoperative pathologic tumor size for breast cancer patients and benign breast tumor patients. Methods: We analyzed the clinicopathological information of 191 breast cancer patients and 187 benign breast tumor patients by conducting a retrospective chart review. The preoperative diagnostic tumor sizes were measured using physical examination, mammography and sonography in the benign breast tumor patients and they were additionally measured by computerized tomography and magnetic resonance imaging in the breast cancer patients. Body mass index (BMI) was defined as the ratio of the body weight in kilograms to the square of height in meters. Results: The tumor sizes measured by mammography (r=0.66) and physical examination (r=0.87)were highly correlated to the pathologic tumor size in the breast cancer patients and benign the breast tumor patients, respectively. Physical examination and magnetic resonance imaging had a tendency to overestimate the tumor size and sonography underestimated the pathologic tumor size in the breast cancer patients. The correlation coefficient for the physical examination was increased when the patient age was less than 50 years and the BMI was less than 25. Multiple regression analysis revealed that assessing the tumor size according to physical examination, mammography and sonography were effective for determining estimation of pathologic tumor size in the benign breast tumor patients, but assessing the tumor size by physical examination and sonography was not effective for determining the tumor size in breast cancer patients. Conclusion: Mammography and physical examination can be useful to estimate the pathologic tumor size in breast cancer patients and benign breast tumor patients, respectively. Physical examination can be useful to estimate the size when a breast tumor is palpable, the age of a patient is less than 50, and the BMI is less than 25.

        • KCI등재후보

          Limitations of Conventional Contrast-enhanced MRI in Selecting Sentinel Node Biopsy Candidates among DCIS Patients

          노동영,문형곤,한원식,이종원,고은영,김은규,유종한,정소연,여채연,문우경,황기태 한국유방암학회 2010 Journal of breast cancer Vol.13 No.2

          Purpose: A better predictive model for occult invasive disease in ductal carcinoma in situ (DCIS) patients is essential to guide the tailored use of sentinel node biopsies. We hypothesized that recent improvement of contrast-enhanced breast magnetic resonance imaging (MRI) could provide more accurate information on the presence of occult invasion in DCIS patients. Methods: From a prospectively maintained database, we identified 143 DCIS patients diagnosed with needle biopsies in whom MRI images were available. Results: Sixty-five patients (45.5%) were upstaged to invasive carcinoma after curative surgery. Ultrasonographic lesion size, mass-appearance on mammography, type of needle used, and the presence of suspicious microinvasive foci were associated with increased likelihood of upstaging. Among the features of MRI, only mass-appearance was significantly associated with the presence of invasive disease (p=0.002). However, up to 50% of masses in MRI cases had massappearance on mammography as well. Other morphologic and pharmacokinetic features of MRI, such as shape, margin, and patterns of enhancement and washout, did not have a significant association. Conclusion: Among various morphologic and pharmacokinetic parameters of contrast-enhanced MRI, only mass-appearance was associated with occult invasive disease. Our results show the limitations of current contrast-enhanced MRI in predicting invasive disease in patients with preoperative diagnoses of DCIS.

        • KCI등재

          UN의 한국문제 기여와 북한 위기상황 시 UN의 참여

          노동영 한국국방연구원 2016 국방정책연구 Vol.32 No.3

          From its beginning as a country with sovereignty since the independence from Japan together with the establishment of UN, South Korea has been involved in an inseparable relationship with UN. This article was intended to discuss UN`s con-tribution to the Korean Question in the past and its potential contribution to uni-fication during the course of its preparation. This is because UN`s roles that have contributed to the Korean Question are still valid and necessary to promote peace and unification of the Korean Peninsula aimed at‘One Korea’. In general, efforts to prepare for ‘contingency’in North Korea and lead such changes to unification are es-pecially important but it should be carefully reviewed the current Armistice Agreement`s effect during the crisis situations of North Korea and the replacement by a new peace agreement. Since the Korean Question is not only domestic but also in-ternational matters, it should be noted that we need to expect UN`s participation in the crisis situations of North Korea while preparing for fully secured territorial su-premacy and right of self-determination of ours.

        • KCI등재후보

          유방 피부에 발생한 이소성 유방외 파젯병 1예

          노동영,황기태,김혜영,정중기,정인목,허승철,안영준,안혜성,장미수,이종희 한국유방암학회 2010 Journal of breast cancer Vol.13 No.2

          Whereas extramammary Paget’s disease commonly occurs in the apocrine gland rich skin areas, ectopic extramammary Paget’s disease develops in the skin areas that are devoid of apocrine glands. We experienced the case of a 34 yearold female patient who had a skin lesion in the upper outer quadrant of the right breast for 5 years and that lesion was diagnosed as Paget’s disease according to the punch biopsy. There was no other underlying malignancy, and so wide excision was performed. The final pathologic diagnosis was Paget’s disease confined to the epidermis and the size of the tumor was 3.0×1.1 cm. Positive staining for cytokeratin 7, epithelial membrane antigen and negative staining for S-100 protein and HMB-45 was observed on the immunohistochemical tests. We report here on an extremely unusual case of ectopic extramammary Paget’s disease of the breast skin, and we include a review of the relevant literature.

        • KCI등재

          난민법 개정방향과 강제송환금지원칙

          노동영 한국법정책학회 2019 법과 정책연구 Vol.19 No.3

          The refugee problem is both an issue of national sovereignty and an international one. The issue of accepting refugees is, in principle, a matter of discretion of the nation that accepts a foreigner who wishes to settle in another country by political persecution. Therefore, it takes into account the minimum universal rules of international community at the same time. However, we can see that refugee problems is be treated as a problem of national sovereignty not only in Korea, but also in other international societies such as China and Europe. Very sensitive emotion of the public against the acceptance of refugees may be an important driving force. Amendments of refugee law are being promoted including government amendments by Ministry of Justice, which governs refugee law, and amendments by member of the National Assembly. Despite the direction for strengthening of the refugee committee in the amendments of the Ministry of Justice, the basis that threatens due process for protecting refugee’s rights is added(including expansion of exceptions in the principle of non-refoulement of refugee law, expansion of reasons for refugee disapproval, unavailable protection against not-sending decision of refugee status determination and shortening the appeal period). As a result, it is a common aspect that the amendment of the refugee law is promoted in a way that the principle of non-refoulement established by customary international law is limited by the sovereignty of the nation. It is necessary to systematically amend criteria for determining refugee status for the ever-expanding application of refugees. But domestic measures to neuter the principle of non-refoulement, which is discussed to peremptory norms beyond customary international law, are not desirable. There should not be many cases where refugees are forced to leave without obtaining the determination of refugee status at the discretion of administrative authority. We need to be cautious when promoting for amendments of refugee law because domestic measures that do not comply with the principle of non-refoulement may be returned through measures taken by the host country for North Korean refugees who are living aborad such as China. 난민문제는 국가 주권의 문제인 동시에 국제문제이다. 난민을 수용하느냐의 문제는 원칙적으로 정치적 박해 등의 사유로 타국에서 정착을 희망하는 외국인을 국내적으로 수용하는 국가의 재량의 문제로써 국제사회의 최소한의 보편적 규율을 동시에 고려하게 된다. 그러나 우리나라뿐만 아니라 중국, 유럽 등 국제사회 곳곳에서 난민문제가 국가 주권의 문제로 기울어져 취급되는 현상을 발견할 수 있다. 국민의 정서가 난민의 수용에 매우 민감하게 반응하는 것이 중요한 동력일 수 있다. 난민법을 관장하는 법무부 정부개정안 및 국회의원 개정안들을 포함한 난민법 개정안이 추진되고 있다. 법무부 개정안에서 난민위원회의 기능 강화 방향에도 불구하고 난민법상 강제송환금지원칙의 예외사유의 확대, 난민불인정 사유의 확대, 난민심사 불회부결정에 대한 구제 불가, 불복 제소기간 축소 등 난민신청자의 권리구제를 위한 적법절차가 위협받는 근거가 삽입되고, 결국 국제관습법으로 확립된 강제송환금지원칙이 국가 주권의 재량에 의해 제한되는 방향으로 난민법 개정안이 추진되는 것이 공통적인 측면이다. 계속 확대되는 난민 신청에 대하여 난민 심사기준을 체계적으로 정비할 필요는 있으나 국제관습법을 넘어 강행규범으로까지 논의되는 강제송환금지원칙을 무력화시키는 국내적 조치들은 바람직하지 못하다. 행정청의 재량 판단에 따라 난민심사의 기회조차 얻지 못하고 강제출국 당하는 경우가 다반사여서는 아니된다. 우리 스스로의 강제송환금지원칙에 부합하지 않는 국내적 조치들은 중국 등 해외에 체류하는 북한이탈주민에 대한 체류국의 조치를 통해 부메랑으로 돌아갈 위험성을 배제할 수 없기 때문에 난민법 개정안 추진에 있어 신중해야 하는 이유이기도 하다.

        • 수술 전 항암화학요법을 전후한 유방암 종양수용 체(ER, PR, HER-2)의 발현 변화

          노동영 한국유방암학회 2007 Journal of breast cancer Vol.10 No.3

          Purpose: We aimed to assess the concordance of the immunohistochemical profiles of core biopsy before administrating neoadjuvant chemotherapy with that of the surgical specimens after a definitive operation for breast cancer. Methods: We retrospectively reviewed the estrogen receptor (ER), progesterone receptor (PR), and HER-2 expressions in 130 consecutive patients who received neoadjuvant chemotherapy and were followed by surgery during the period between February 2002 and March 2006. The pathologic complete tumor response rate for this group was 4.6% (6/ 130). Both the pre- and post-operative immunohistochemical profiles were available in 32 of the 124 patients (25.8%). Immunohistochemical staining was done on the core biopsies before chemotherapy and on the surgical specimens after operation. Results: There were 12 markers from 11 patients that were altered out of the 96 total markers (ER, PR, or HER-2) from 32 patients: 2 ER (2/12, 16.7%), 4 PR (4/12, 33.3%), and 6 HER-2 (6/12, 50.0%). One patient simultaneously had changes in the expressions of PR and HER-2. Conversion of the hormone receptor status occurred in 3 patients (3/32, 9.4%): this was positive to negative in two, and vice versa in one. In addition, there were 6 conversions (6/32, 18.8%) of the HER-2 status from negative to positive. Conclusion: The hormone receptor status changed in 9.4% of the 32 patients and the HER-2 status changed in 18.8% of the 32 patients after neoadjuvant chemotherapy. We have concluded that conducting only a single immunohistochemical study about ER, PR, and HER-2 may not be enough to exactly estimate the tumor marker status in the neoadjuvant setting.

        • 유방암의 예후인자로서 젊은 연령에 대한 고찰

          노동영,No, Dong-Yeong 한국건강관리협회 2004 한국건강관리협회지 Vol.2 No.1

          Purpose:It has been known that the prognosis of a young woman's breast cancer is Poorer than the other woman However, the effect of age on the prognosis is not well-defined We performed this study to investigate age as a prognostic factor of breast cancer. Materials and Methods : A retrospective study was conducted for 3209 breast cancer patients who underwent operations in Department of Surgery, Seoul National University Hospital from January 1981 to December 2000. Patients were divided into two groups, young age(≤35) and old age(>35) groups. And tumor stage, histopathologic characteristics(such as histology, nuclear grade, histologic grade, hormonal receptor, etc), overall survival and disease free survival rates were compared between age groups. Results . The age ranged from 17 to 88 years. 396 patients(12.3%) were included in young age group(median=32) and 2813 Patients(87.7%) in old age group(median=47).There are more advanced stages and poor nuclear grades in young age group(p=0.000, p=0.003), By log-rank test, the young age group had poorer overall survival and disease free survival rates(p<0.05, p=0.0002). Although, the young age group had more advanced TMN stages(p=0.000) and poorer nuclear grade than the old age group(p=0.003) in multi variate analysis, the age was not a significant independent prognostic factor. (P=0.642)Conclusion: Our study showed that the age was not a significant independent prognostic factor.

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