경영권 방어수단으로서 신주의 제3자 배정에 관한 연구

안효섭 ( Hyo Seop Ahn ) 한국상사판례학회 2014 상사판례연구 Vol.27 No.4

Because the issuance of the new shares to a third party for the protection of its management encroach preemptive right, the issuance of the new shares to a third party during the takeover battle was enjoined by the Supreme court in 2009. If the attacker is to destroy the target company, there is a need for the court to recognize a takeover defense by the issuance of the new shares to a third party for the protection of its management within a limited range, such as the United States, Germany and Japan. In addition, the capital increase by ordinary public offering and also the disposal of treasury stocks shall be allowed selectively by legitimacy judgment standardBecause the purpose of the capital increase by ordinary public offering is not limited to business purpose, the court can not use the Primary Purpose Test (previously used for legitimacy judgment standard by the court). Therefore, in this case, the legality of the stock issuance should be determined by the legitimacy judgment which is based on the American Unocal standard.

인권조례에 관한 연구

안효섭(Ahn-hyo-seop) 충남대학교 법학연구소 2014 법학연구 Vol.25 No.1

현대 사회는 인권의 시대라 할 만큼 국제사회와 국가의 노력으로 인권의 일상화가 보편적으로 진행되어 인권친화적 사회문화가 조성되고 인권이 지속적으로 발전하고 있다. 그러나 일상생활 속에서 인권은 경제적·사회적·환경적 불평등 및 차별에 의한 인권 침해 등으로 확대전환되면서 일상생활의 영역에서 끊임없이 여성, 장애인, 외국인 등에 대한 인권 침해가 여전히 발생하고 있는 것 또한 현실이다. 일상생활에서의 인권문제는 더 이상 특정집단의 문제가 아니라 모든 구성원이 시급하게 해결하여야 할 당면과제라 할 수 있다. 특히 지방화·분권화가 강조되는 현대사회에서 일반 시민과 가장 근거리에서 주민복지를 위한 종합행정을 구현하는 지방자치단체가 모든 사회영역에서의 다각적인 인권보장 체계를 구축하여야 할 것이다. 지방자치단체 차원의 인권보장 체계 구축의 첫 걸음이 바로 인권조례의 제정이라고 해도 과언은 아닐 것이다. 비록 규범화가 이루어지지 않더라도 예산을 확보하여 정책을 추진할 수 있지만, 지방자치단체의 인권보장 정책은 세밀한 과정을 거쳐 조례라는 그릇에 담아 시민에게 제공되어야만 실효적이고 구체적일 수 있다. 경상남도는 비록 인권조례를 제정하여 운영하고 있지만 아직까지 조례의 주요내용이 실천되고 있지 않으며, 그 실효성을 담보하기 어렵다고 평가할 수 있으므로 다른 지방자치단체의 인권조례의 제도를 비교?검토하여 이를 지역적 특색에 맞게 정비하는 것은 인권보장 체계구축을 위하여 반드시 선행되어야 할 과제라 생각된다. 따라서「경상남도 인권 보장 조례」에 대한 다음과 같은 제언을 하면서 결론에 갈음하고자 한다. 첫째, 조레 총칙부분에 다른 조례와의 관계를 설정하여 인권 보장이 모든 조례의 기본이념으로 작용할 수 있도록 하여야 한다. 둘째, 기본계획 수립과 관련하여 기본계획 수립의 절차와 방법 등을 명시하고 연도별 시행계획 수립을 규정하여야한다. 셋째, 인권위원회의 활성화를 위원 수를 확대하고 분과위원회나 소위원회 중심으로 운영하여야 하며, 위원회의 기능을 확대하여야 한다. 넷째, 인권관련 업무를 추진하는 전담부서를 설치하고 옴부즈맨제도를 도입하여야 한다. 그리고 인권 헌장과 시민단체와의 협력에 관한 사항을 조례에 규정할 필요가 있다. In modern society, Human Rights have been getting institutionalized, generalized with the efforts of international society and many nations. And Human Rights have been also building the Human Rights-friendly community and developing continuously. As above-mentioned, we call modern society as Human Rights’s times. This means specially that it need much more concerns and considerations and role of Local Government, base of our daily life or field of realization of Human Rights. The problems of Human Rights of Local Government are now emerging as international agenda and changing from National-oriented shape to Local government. Gyeongsangnam-do’s Human Rights ordinance, the second runner of local government, could not be estimated as City of Human Rights yet. To fulfill the needs of City of Human Rights in Gyeongsangnam-do, this paper would like suggest as below. First, the Guarantee of Human Rights should function in every single ordinance of Human Right through the setting of relation of other ordinance in the part of General Provisions of ordinance. Second, the process and method of master plans should be specified and concrete. Third, to vitalize Committee of Human Rights, a committee member’s number need to be increase. And the subcommittee should run the committee initiatively. Fourth, there should be the exclusive department to proceed the work of Human Rights and the Ombudsman System too.

조례제정의 법체계적 허용범위

안효섭 ( Hyo Seop Ahn ) 제주대학교 법과정책연구원 2014 법과 정책 Vol.20 No.2

Enaetment power of municipal Ordinance granted to local governments from Constitution is more close to residents about the affairs of the local se1f-regulation that establishes local area. as well as the purpose of administration. local government and state govern their own problems that can be overlooked position in the area of professional iudgment,and that it considers the diversity of each region. However. the enaetment power of municipal ordinance is also a kind of administrative aetion because of the principle of administrative law subjeet to suitability bar,law predominance should be the lead. Problem is that the within the limit of Aets means the limit of the range of problems The limit or scope of the regu1ations as enactment power of municipal ordinance since it’s important. It is fair to recognize that the princip!e law predominance. but if the range is too wide for this almost lost to the regulations prescribed by the regulations as a result of enaetment power of municipal ordinance deteriorated substantially in phase with those of the local government system to make nominal consequences. Fortunately. case law and doctrine is widely recognized that the scope of enaetment power of municipal ordinance and regulations that have the same purpose. only if they clearly violate the regu1ations,except to acknowledge the scope of the ordinance. This results in the basic foundation of the enaetment power of municipal ordinance also expand the area.

가정 호스피스케어환자 방문간호 조사분석

이소우,이은옥,박현애,오효숙,안효섭,허대석,윤영호,김달숙,노유자,Lee, So-Woo,Lee, Eun-Ok,Park, Hyun-Ae,Oh, Hyo-Sook,Ahn, Hyo-Seop,Huh, Dae-Suk,Yun, Young-Ho,Kim, Dal-Sook,Rho, Yoo-Ja 한국호스피스완화의료학회 1998 한국호스피스.완화의료학회지 Vol.1 No.1

Purpose : Hospice Care is considered as one of the most perfect solutions for the problems brought up as the number of chronically ill patients are increasing rapidly and most of social welfare oriented countries are seeking the quality of life. Our former studies(1996, 1997) were to find out the current status of the hospice care in Korea by surveying terminally ill patients and their family members as well as medical professionals. The former study was also to conduct the operation research by developing an information service system for training of hospice care teams and volunteers, and hospice patients management. The purpose of this study was that hospice information service system was tested by home visiting hospice care through visiting nurses. Methods : From October 1, 1997 to March 31, 1998, Twenty six terminal cancer patients were included in this study from Seoul National University Hospital and other hospital. Databases and homepage, hospice information service system were designed and developed for the information needed for the hospice care before this study by our research team and this services were available through the internet. Visiting nurses were trained about this system and they visited the patients with PC notebook and provided them hospice care with hospice information system. They collected physical, psychiatric, social data of the subjects at the first visit and during hospice care at home. Results : Sixteen subjects(61.5%) died during the study and the mean survival was 20.7 days. Anorexia(96.2%), immobility(88.5%) and pain(84.6%) were the major symptom in the 26 subjects, Altered nutrition(26.1%) and pain(12.4%) were the most frequent diagnoses in 226 nursing diagnoses of the subjects. Families understood and demanded the hospice care more than patients. And most patients and families didn't demand spiritual or social care. Conclusion : Through this demonstration study, it was found that we have to provide the information of pain management and nutritional support for patients by the nurses and visiting hospice nurse. The information service system needs to be upgraded with information and manpower of spiritual and social care according to the findings.

골 육종 환자에서 항암제 동맥 주입 효과에 대한 방사선학적 분석: 자기공명영상과 동맥내 디지털감산혈관조영 소견을 중심으로

이구,김인원,연경모,윤현기,안효섭,Lee, Goo,Kim, In-One,Yeon, Kyung-Mo,Yoon, Hyun-Ki,Ahn, Hyo-Seop 대한영상의학회 1991 대한영상의학회지 Vol.27 No.5

For the evaluation of the effect of intraarterial chemotherapy with CDDP(cis-diaminedichloroplatinum) in the treatment of osteogenic sarcoma, we compared radiographic findings of magnetic resonance imaging(MRI) and intraarterial digital subtraction angiography(IA DSA) with the degree of tumor necrosis in pathologic speciments. The decrease in neovascularity and tumor stain in IA DSA showed good correlation with tumor response(necrosis) to IA chemotherapy. MRI was useful in the localization of intra-and extramedullary tumor. and detection of skip metastases, but signal intensity changes showed poor correlation with tumor response to chemotherapy. In gadolinium diethyltriamine pentaacetic acid enhanced MRI(Gd-DTPA MRI), the enhancing areas closely correlated with the areas of tumor stain IA DSA. In conclusion, IA DSA is a good imaging tool and Gd-DTPA MRI is expected to become a more useful modality in the evaluation of tumor response to chemotherapy in osteogenic sarcoma.

신경모세포종

강형진,유경하,신희영,안효섭,Kang, Hyoung-Jin,Ryu, Kyung-Ha,Shin, Hee-Young,Ahn, Hyo-Seop 대한소아외과학회 2008 소아외과 Vol.14 No.1

Neuroblastoma arises from the primitive neural crest cells, and is a common malignancy in childhood. The clinical features are characterized by biological heterogeneity. Neuronal degeneration and differentiation occur in some patients. However treatment in the high risk group accounting for approximately half, has not been satisfactory despite a multimodal approach. Therefore, effective treatment is determined by the risk group of prognostic factors, such as age at diagnosis, stage of disease, pathological finding and N-myc amplification. Neuroblastoma can be diagnosed prenatally, which suggests its origin during the normal embryogenesis. Recent knowledge of molecular biology, such as Trk genes, and the concept of cancer stem cells have given us some improved understanding on this disease. Currently, targeted therapies based on the molecular biology of neuroblastoma are under investigation and increasing survival rate and decreasing late complications could be appreciated.

호중구 감소증이 합병된 신생아 패혈증에서 Recombinant Human Granulocyte Colony-Stimulating Factor(rhG-CSF)의 투여 용량에 따른 치료 효과

최문영,정연숙,손동우,안효섭,Choi, Moon Young,Jung, Yeon Sook,Son, Dong Woo,Ahn, Hyo Seop 대한소아청소년과학회 2002 Clinical and Experimental Pediatrics (CEP) Vol.45 No.4

Purpose : The aim of this study is to determine and compare the effects of adjunctive therapy with different doses of recombinant human granulocyte-colony stimulating factor(rhG-CSF) on reversing sepsis-associated neonatal neutropenia, and their survival rate in a group I/II-type trial. Methods : RhG-CSF was injected subcutaneously to 10 septic-neutropenic neonates with doses of $10{\mu}g/kg$ from Oct. 1995 to Sep. 1996, and was administered to another 12 septic-neutropenic neonates with doses of $5{\mu}g/kg$ from Oct. 1996 to Sep. 1997. Neutrophilic responses and the outcomes of both groups were compared. Results : In the rhG-CSF $10{\mu}g/kg$ treated group and in the $5{\mu}g/kg$ treated group, the absolute neutrophil count(ANC) was $1,065{\pm}89$($mean{\pm}SEM$) and $1,053{\pm}131$, respectively. The only difference between the two groups was the peak ANC at 48 hours. Eight patients from the remaining nine of rhG-CSF $10{\mu}g/kg$ treated group(88.9%) and ten in $5{\mu}g/kg$ treated group(83.3%) survived the sepsis and were discharged without any problems. Conclusions : RhG-CSF can increase the neutrophil count in critically ill septic neutropenic neonats. The survival rate of both groups were up to 90%. This finding suggests that both doses of rhG-CSF may be effective in a therapeutically useful time frame to treat septic neonates with neonatal neutropenia attributable to bone marrow supression or neutrophil consumption.

제대혈 CD34⁺ 세포에서 유래된 지지세포의 분석

유경하,박세진,김경효,서주영,신희영,안효섭,Ryu, Kyung-Ha,Park, Se-Jin,Kim, Kyung Hyo,Seoh, Ju-Young,Khan, Mohammad,Shin, Hee-Young,Ahn, Hyo-Seop 대한면역학회 2001 Immune Network Vol.1 No.1

Background: Cytokine-mediated ex vivo expansion has been proposed as a means of increasing the number of cord blood (CB) hematopoietic stem cells for transplantation. As well as stem cell number, stromal cells are necessary for functional maturation of hematopoiesis. The purpose of this study was to analyze the development of stromal cells during ex vivo expansion of CB $CD34^+$ cells. Methods : $CD34^+$ cells were purified from CB by magnetic bead selection. The levels of of interleukin-3, interleukin-$1{\beta}$, interleukin-6, granulocyte macrophagecolony stimulating factor and tumor necrosis factor-${\alpha}$ were measured in culture supernatants on 0, 1, 2, and 3 weeks, using ELISA techniques. CB $CD34^+$ cells were expanded in Iscoves modified Dulbeccos medium in the presence of several cytokines. The expression of E-selectin, vascular cell adhesion molecule-1, intercellular adhesion molecule-1, platelet/endothelial cell adhesion molecule-1, von Willebrand factor, vimentin, and CD14 in newly developed stromal cells was examined by immunocytochemical method. Relevant extracellular matrix (ECM) proteins and proper cytokines were also assayed for the most suitable condition for expansion of stromal cells. Results: Several cytokines were found to have been produced by CB $CD34^+$ cells as well as bone marrow-derived $CD34^+$ cells. During ex vivo expansion of CB $CD34^+$ cells, stromal cells appeared in the culture by day 4 and expanded over the following 7-10 days before being confluent by day 2 1. These cells expressed surface markers characteristic of cells of endothelial lineage. Furthermore, these stroaml cells also expanded effectively when treated with thrombopoietin+flt-3 ligand+stem cell factor+leukemia inhibitory factor or 0.1% poly-L-lysine-coated wells. Conclusion: Stromal cells were developed during ex vivo expansion of CB $CD34^+$ cells and that this development could be enhanced further by treating the stromal cells with cytokines or ECM.

A Case of Niclofolan (Bilevon<SUP>®</SUP>) Intoxication

Sung-Tae Hong(홍성태),Soon-Hyung Lee(이순형),Hyo-Seop Ahn(안효섭),Chong-Ku Yun(윤종구) 대한기생충학열대의학회 1982 The Korean Journal of Parasitology Vol.20 No.1

망막모세포종으로 치료받은 아이에서 뒤늦게 생긴 골육종

유영석(Young Suk Yu),김일한(Il Han Kim),안효섭(Hyo Seop Ahn) 대한안과학회 1996 대한안과학회지 Vol.37 No.8