非常上告의 事由인 法令違反에 대한 小考-“判決의 法令違反”과 “訴訟節次의 法令違反”의 區別을 中心으로-

서태경 한양대학교 법학연구소 2009 법학논총 Vol.26 No.2

When it has been discovered after a judgement hans become binding that the trial or judgement of the case was in violation of Act and subordinate statues, the Prosecutor General may lodge an extraordinary appeal in the Supreme Court(Article 441 in criminal procedure act). And when an extraordinary appeal is considered to be well-grounded, a judgement shall be rendered according to the following categories. (1)When the original judgement is in violation of Act and subordinate statues, the part in violation shall be quashed; Provided that if the judgement was disadvantageous to the defendant, it shall be quashed a judgement rendered anew in the case. (2)When any procedure of the original judgement is in violation Acts and subordinate statues, the procedure in violation shall be quashed(Article 446 in criminal procedure act). According to Article 441 and 446 in criminal procedure act, extraordinary appeal is for purpose of correcting of Acts and the relief of the defendant in a an irrevocable judgment. Generally, between two roles of extraordinary appeal, correcting of Acts is received as a main role, and the relief of the defendant as a subordinate role. But the relief of the defendant must be judged as important as correcting of Acts. And the role of extraordinary appeal as the relief of the defendant must be strengthened. For strengthening the role of extraordinary appeal as the relief of the defendant, the application of the proviso of clause (1) of Article 446 in criminal procedure act must be extended farther. Therefor, the phrase “when the original judgement is in violation of Act and subordinate statues” have to be read as the meaning that violation of Acts and subordinate statues in the original judgement is possible to resulted a judgement which is disadvantageous to the defendant.

Retrieval of Metallic Foreign Bodies from the Upper Airway Using Intraoperative C-Arm Fluoroscopy: Case Report and Literature Review

서태경,김보수,김미라,김상연 대한이비인후과학회 2022 대한이비인후과학회지 두경부외과학 Vol.65 No.1

Foreign body ingestion is commonly encountered by otolaryngologists. Most foreign bodiesin the upper airway can be easily removed via direct endoscopy; however, if they penetrate thesoft tissue deeply, both localization and retrieval may be challenging. Here, we report on thesuccessful removal of multiple sewing needles from the throat using intraoperative, real-timeC-arm fluoroscopy to guide endoscopic extraction. The use of intraoperative, real time C-armfluoroscopy to guide endoscopic extraction allowed quick, safe treatment and avoided any developmentof complications in our patient.

株主의 間接損害에 대한 理事의 損害賠償責任

서태경 한양대학교 법학연구소 2007 법학논총 Vol.24 No.3

Korean Commercial Act § 401(1) stipulates that if directors have neglected to perform their duties wilfully or by gross negligence, they shall be jointly and severally liable for damages to third persons. A majority of scholars regard the aforementioned director's liability as the unique liability created by the above Act totally different from general tort liability. When directors issue stock with unfairly low issuance price for someone to gain a corporate control, the stockholders are sure to suffer such damages as fallen price and so forth. It matters whether the injured stockholders may hold the directors liable for their damages pursuant to the foregoing director's liability. The legal issues to be checked up here are whether the damage of the fallen price is an indirect damage, and whether the directors are still liable for the indirect damage to the inflicted stockholders as the third persons stipulated in § 401(1). There are conflicting opinions regarding the two legal issues, and when it comes to the second issue, the Korean Supreme Court takes the position of negating the director's liability for the indirect damage to the stockholders as the third persons. But since the fallen stock price is regarded as an indirect damage under the Korean Commercial Act, it is desirable that such an indirect damage is also recovered by the director's strict liability said hereinbefore. Accordingly, the Korean Commercial Act § 401(1) may function for the protection of the stockholder's interest as well as that of corporate creditor's.

녹음매체에 대한 녹취서의 증거법상 지위와 증거조사 방법에 대한 소고

서태경 한양대학교 법학연구소 2015 법학논총 Vol.32 No.3

Transcript of tape-recoding is a document into which the content of the information delivered by the human voice recorded on the recording medium is written. Recently transcript of tape-recording is submitted to court as evidence, with recording medium, or alone. Legal nature or investigation as evidence of transcript of tape-recoding has not been discussed in depth than the recording medium. But there are views that the transcript of tape-recoding is hearsay or multiple hearsay regardless of whether the recording medium is hearsay or not. In this paper, I point out the theorectical problems of this views and argue that the transcript of tape-recoding has the characteristics of a copy of the recording medium. Examination method of transcript of tape-recoding is made the same methode as the copy of documentary evidence. In other word, investigation on admissibility of evidence requirements and investigation as evidence to prove criminal facts must be made separately. Therefore, investigation of transcript of tape-recoding as evidence to prove criminal facts can be made after finding that the transcript of tape-recoding meets admissibility of evidence requirements. Based upon the ways in which they are shown above, in this paper, I explain concretely about examination method of transcript of tape-recoding. When the transcript of tape-recoding is accepted as evidence to prove criminal facts, it should be written ‘description of the transcript of tape-recoding’ as gift of the evidence on the judgement document. 녹취서 또는 녹취록은 사람의 목소리가 녹음된 녹음매체를 재생하여 청취하면서 녹음매체에 녹음된 사람의 목소리로 전달되는 정보의 내용을 문자로 그대로 옮겨 적은 서면을 말한다. 최근 녹음매체가 공판정에서 증거방법으로서 흔하게 제출됨에 따라 녹취서 역시 녹음매체와 함께, 또는 단독으로 법원에 증거로 제출되고 있다. 이러한 녹취서의 증거법적 성질이나 증거조사 방법은 녹음매체에 비하여 그간 심도 있는 논의가 이루어지지 않았다. 다만 녹취서의 증거능력이나 법적 성질에 관하여 녹음매체가 전문법칙이 적용되는 증거인지 여부와 관계없이 녹취서를 전문증거나 재전문증거․재재전문증거로 볼 수 있다는 일부 견해가 있었다. 본논문은 이러한 주장의 이론적 문제점을 지적하고 그 대안으로서 녹취서를 녹음매체에 대한 사본의 성질을 갖는 증거로 보아야 함을 주장하였다. 녹취서에 대한 증거조사는 증거서류 등의 사본에 대한 증거조사 방법과 동일하게 녹취서의 증거능력에 관한 조사와 증거능력이 인정되는 경우 본증으로서의 조사절차로 구별되어 이루어져야 함을 전제로 그 조사 방법을 구체적으로 검토하였다. 이러한 증거조사 절차를 거쳐 공소사실을 인정할 증거가 된 경우, 판결서의 증거 요지란에는 ‘녹취서의 기재’로 표시하면 충분하다는 견해를 밝혔다.

전남 장성군 꿩 샤브샤브

서태경,Seo, Tae-Gyeong 한국건강관리협회 2005 건강소식 Vol.29 No.10

예부터 호남에서는 아무 음식점이나 들어가도 실패하지 않는다는 말이 있을 정도로 맛에 관한 한 다른 지역과의 비교를 불허한다. 그 중 백암산 줄기에 몸을 기대고 있는 장성군은 먹거리 뿐만 아니라 천년고찰인 백양사와 서원, 홍길동 유적지 등 다양한 볼거리를 갖춘 곳. 매년 봄에는 홍길동 축제가, 가을에는 백양단풍축제가 여행객들을 반긴다.

彈劾證據로 使用할 수 있는 證據의 範圍에 대한 小考

서태경 한양대학교 법학연구소 2009 법학논총 Vol.26 No.1

The system of the impeachment evidence was originated from the Anglo-American Law. The impeachment evidence prescribed in the article 318-2 of Korean Criminal Procedure Code. The impeachment evidence means the evidence used to decrease the provable power of the statement of the witnesses or the accused. And a hearsay evidence can be used as a impeachment evidence. There are five main evidences used to decrease a witness’s credibility. The first is the evidence showing self contradiction statement of witness. The second is the evidence showing that the witness is partial. The third is evidence showing witness’s character. The fourth is the evidence showing a defect of the witness’s capacity to observe, remember, or recount the matters testified about. The fifth is the evidence showing specific contradiction, in other words proof by the witness. There are many arguments regarding the impeachment evidence. First of all, argument on the permitted limit of impeachment evidence is very important. About this argument, there are four theories. That is, ① evidences showing self contradiction statement of witness are only permitted to produce as a impeachment evidence, ② evidences are permitted to produce as a impeachment evidence, which show self contradiction statement of witness, witness’s unwarranted prejudice, character, capacity to observe, remember etc. ③ all evidences are permitted to produce as a impeachment evidence without limit, ④ a prosecutor is only permitted to produce evidences showing self contradiction statement of witness as a impeachment evidence, but a accused is permitted to produce all evidences as a impeachment evidence without limit. For the harmony of the principle of the truthfinding function of the process and due process of law, and introduction of the trial by jury, I am sure that the first theory is reasonable.

절망 끝에서 만나는 희망 - 문인수 시집『배꼽』

서태경 문예운동사 2009 문예운동 Vol.- No.102

김광균 시 연구 : 대립적 체계를 통해 본 유토피아의 꿈을 중심으로

서태경 신라대학교 (부산여자대학교) 2009 白楊人文論集 Vol.14 No.-

피고인의 진술녹음의 증거능력

서태경(Seo, Tae-Kyung) 한양법학회 2015 漢陽法學 Vol.26 No.4

In the criminal cases, the recording of defendant’s statements to threaten the victim or to confess his crime are often submitted as evidence to prove the charge in fact. However, it is important to disambiguate the admissibility of the recording medium because this issue implies some arguing points. It is acknowledged that hearsay rule should apply to the recording of statements, like written statements. Nevertheless, some critics do not agree with that the defendant"s confession recorded by the investigative agencies can be used to prove the facts constituting the crime charged. Also, regarding to the admissibility of the recording by individuals who are not he investigative agencies, there are several discrepancies among viewpoints. If the recording of the defendant"s statements to confess to the crime made by the investigative agencies satisfies the requirements of Criminal Procedure Act Article 312 paragraph (1)to (3), it may be admissible. However, in the light of CRIMINAL PROCEDURE ACT Article 312 paragraph (2), Article 381-2 paragraph (2) and ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES Article 30 paragraph (6), ACT ON THE PROTECTION OF CHILDREN AND JUVENILES AGAINST SEXUAL ABUSE Article 26 paragraph (6) the video-recorded product containing a defendant"s statement made by the investigative agencies is not admissible to prove the facts constituting the crime charged except for cases in which there are special regulations that allow a video-recorded product to use as proof of the facts constituting the crime charged. Therefore, the recording of the defendant‘s statements to confess to the crime made by the investigative agencies cannot be used to prove the facts constituting the crime charged, because the recording of defendant’s statement and the video-recorded product are similar in nature as a proof. On the other hand, in the case of individual recording, if it satisfies the requirements of CRIMINAL PROCEDURE ACT Article 313 paragraph (1), it may be used to prove the facts constituting the crime charged. In other words, if it is proven to be genuine by the acceptance of the defendant at a preparatory hearing or during a public trial, such recording medium is admissible. When it cannot be proven by the statement of the defendant at a preparatory hearing or during a public trial, for it"s being admissible, it should be proven to be genuine by the statement of the individual, who recorded the statement of the defendant, at a preparatory hearing or during a public trial and, if it goes to prove that the defendant"s statement was made in a particularly reliable state.

응집에 의한 생물학적 처리수의 색도 및 난분해성 유기물 제거

서태경, 박상민, 박노백, 임지영, 전항배 충북대학교 건설기술연구소 2008 충북대학교 건설기술연구소 논문집 Vol.27 No.1

This study was to evaluate the optimum conditions for chemical coagulation to remove color and non-biodegradable organic matters from the biologically treated water of piggery wastewater. Raw water was fractionated by characteristics of dissolved organic matter. The fractions of hydrophilic substance and molecular weight cut-off(MWCO) below 500 in raw water were 51% and 74%, respectively. SC(streaming current) was measured to find out the optimum pH values and dosages for aluminium sulfate[Al₂(SO₄)₃·14H₂O] and ferric chloride[FeCl₃·6H₂O] as a coagulant, which was compared with color and turbidity removal efficiencies followed by coagulation, flocculation and sedimentation. From several jar tests, optimum pH values and dosages of coagulants were well matched with the results of SCD analyses. The optimum dosages(pH values) of aluminium and ferric were 5.84 mM(pH 4.0) and 7.03 mM(pH 5.6), respectively. At optimum conditions of coagulation, color removal efficiencies for aluminium sulfate and ferric chloride were as high as 89.3 and 97.9%, respectively. Chemical coagulation showed good performance to remove color and non-biodegradable organic matters from biologically treated water.