코오넬 의학 지수를 중심으로 심신의 자각증상 수소반응으로 본 간호대학생의 정신건강 평가

이춘원,한상임,박재순 中央醫學社 1977 中央醫學 Vol.32 No.3

An attempt was made to determine characteristic aspects of mental and physical health of nursing college students in the capital city of Korea by using the Cornell Medical Index. The study has been made from September to November in 1976 : CMI was given to 759 nursing college students (358 4th year and. 401 1st year) and 824 other (non-nursing) college girls in Seoul. The groups were statistically compared and showed following results: 1) The 4th year nursing college group had mean score of 37.84 while 4th year non-nursing college girls had 41.40 and 1st year nursing college girls had mean score of 40.14. It is noticeable that 4th year nursing students had lower score than control group. 2) There was little difference in physical complaints but considerable in mental. The mean score of mental complaints among 4th year nursing college students was 13.29 while the control group had mean score of 15.24. The: 1st year nursing students showed mean score of 15.70. 3) Considering the mean score there were big differences in items E, G, J, N, O, Q,R, between the 4th year nursing students and 4th year of non-nursing students; and also 4th year nursing students and 1st year nursing students had differences items H,M,N,P,Q. 4) In the Item analysis, the items, D, M, G, A, Q, H had higher score proportionally among the 4th year students (both nursing and others). The first year of nursing students had higher mean score on the items M, D, G, Q, A, B. And also the first year of non-nursing students had higher mean score on the item M, D, G, A, Q, B 5) Through the mean score of general health evaluation of 4th year of nursing students, one can find following: to study medicine can bring a lot of change in terms of health care, both physical and mental. The fact that non-nursing students, who have not studied medicine had higher mean score shows a strong need of renovation of school health care system (especially mental) in non-nursing colleges.

UNCITRAL 신속 중재의 도입과 전망

이춘원 한국중재학회 2022 중재연구 Vol.32 No.1

2021년 7월 9일 UNCITRAL은 2021년 신속 중재 규칙(EAR)을 채택하였다. EAR의 채택은 UNCITRAL의 워킹 그룹 No. II 에서 2년 반 동안 집중적으로 논의한 결과이다. 위원회는 원칙적으로 규칙에 대한 중요한 논평과 지침을 제공하는 EAR에 대한 워킹그룹의 설명을 채택하였다. 간이중재규칙 제정의 배경에 있는 기본적인 사고는 분쟁 당사자가 단순하고 합리적인 절차에 합의할 수 있도록 하여 단기간에 중재 판단을 하는 것을 목적으로 하고 있다. 당사자에게는 비용 절감으로 이어진다는 장점도 있다.

주요 중재 규칙에서 병합조항의 비교 분석

이춘원 한국중재학회 2020 중재연구 Vol.30 No.1

In the case of multiple commerce contracts in commerce, as well as multiple contracts related to it, a solution for the merging of arbitration proceedings is necessary in order to ensure uniformity of dispute resolution. Since the arbitration proceedings are based on the parties' agreement, no merging of two or more arbitration proceedings may transpire unless all parties agree. Claims of merging in arbitration proceedings lead to problems such as lack of party autonomy, resulting from lack of consent of the parties to merging, and how to appoint an arbitrator in a multilateral arbitration proceeding. Many of the major arbitration bodies have recognized the significant benefits of the terms of consolidation, and have recently revised the Arbitration Rules to include or extend existing clauses to reflect the needs of the parties. This study introduces the merging provisions of several selected major arbitration rules, such as the ICC, Switzerland, SCC, LCIA, SIAC, HKIAC, ACICA, and UNCITRAL rules, and looks at the main similarities and differences among the rules. 하나의 상거래에 있어서 다수의 계약 당사자가 있는 경우는 물론이고 그 상거래와 관련된 계약이 여러 개가 있는 경우에 분쟁해결의 통일성을 기하기 위하여 중재의 병합을 위한 솔루션이 필요하다. 중재절차는 당사자의 합의를 기초로 진행되므로, 모든 당사자의 합의가 없는 경우에 둘 이상의 중재 절차를 병합할 수 없다 중재절차에서 병합에 대한 주장에는 병합에 대한 당사자의 동의가 없기 때문에 발생하는 당사자 자율성 부족 및 다자간 중재 절차에서 중재기관의 임명 방법 등 문제가 발생한다. 다수의 주요 중재 기관은 병합 조항의 중요한 이점을 인식하고 당사자의 요구를 반영하여 최근에 병합조항을 포함하거나 기존 범위를 확대하도록 중재 규칙을 개정하였다. 이 연구에서는 ICC, 스위스, SCC, LCIA, SIAC, HKIAC, ACICA 및 UNCITRAL 규칙과 같은 주요한 중재 규칙의 병합 조항을 소개하고 규칙 간의 주요 유사점과 차이점을 살펴보았다.

간행사

이춘원 한국채무자회생법학회 2024 회생법학 Vol.29 No.-

주택 임대료 규제의 법 정책적 검토

이춘원 건국대학교 법학연구소 2023 일감부동산법학 Vol.- No.27

Rather than originating from an abstract legal ideology, the law regulating housing rents was forced by various disasters such as war, natural disaster, or economic depression. Supporters of rent control argue that the distributional effects of rent control outweigh the economic efficiency costs. However, differences in economic efficiency and distribution effects vary depending on specific regions or specific periods, so it is difficult to judge them uniformly. Although rent control appears to be very effective in reducing rents for tenants, it also produces negative consequences such as reduced mobility and a decline in housing construction. These negative effects offset the positive effects, reducing the policy role of rent control. Therefore, the overall impact of rent control policies on social welfare is not clear. Moreover, because these policies are not implemented independently, their empirical effects are difficult to say with certainty. However, in non-normal situations such as war or natural disaster, the guarantee of housing rights for the common people should be emphasized. However, rent regulations can be a short-term measure until the market order is restored when the normal market order is distorted due to war or the spread of infectious diseases, but exercising it long-term when the market order is operating normally will actually distort the market order. This could end up being a policy that causes more harm than good. The purpose of rent control is ultimately to guarantee rental rights. Guaranteeing the right to rent is ultimately intended to guarantee the tenant’s right to freedom from unwanted eviction, that is, the tenant’s right to housing. Even if rent increases are limited, as long as the landlord has the right to evict without just cause, the tenant cannot make this claim out of fear of eviction. In most countries, the continuation of the right to lease is basically guaranteed, so only regulations on rent increases are controversial. Unlike most countries, our guarantee of the continuation of rental rights is limited, so even if there are regulations on rent control, their effectiveness is bound to be halved. At the same time as rent regulation, other housing policies such as protection of tenants from eviction and housing construction must also be considered. Banking, climate and fiscal policies can also affect rent control. When policymakers design government policies, they must consider these various effects and interactions, determine the timing and region of rent regulation, and carefully pursue policies.

미완성의 집합건물을 양수 받아 완공한 경우에 구분소유건의 원시취득자 - 대법원 2006.11.9. 선고 2004다67691 판결의 검토 -

이춘원 한국민사법학회 2010 民事法學 Vol.48 No.-

The divided ownership over the condominium buildings, from the aspect of the condominium, has originally originated from the hierarchial divided ownership with almost no co-owned service area, yet the area of the co-owned service area has gradually expanded. Therefore, in the hierarchial ownership,, in particular in the original type of hierarchial ownership without any co-owned space, every space of the constructed real property is subject to a division for ownership, and the form of the ownership can be resolved only through a divided ownership. However, in case of the condominiums in a developed form that currently constitute the majority, not all spaces are subject to a divided ownership. In other words, there are spaces that are not subject to a division for ownership, and these spaces can only be regarded as the co-owned spaces. Therefore, the ownership relationship in the current condominium building is a combination of the divided ownership and co-ownership, where the divided owner has the rights to both the divided ownership and along with co-ownership over the spaces that were not previously subject to a division for ownership. Here, from the perspective of material, the exclusively-owned space is merely a space surrounded by the co-owned spaces, and hence the co-owned spaces may be described to have priority over the exclusively-owned space. On the other hand, as the co-owner may be seen as to place more values over the exclusively-owned spaces from the perspective of sociology, the priority of the space that is subject to exclusive ownership may be emphasized. Therefore, it is the current reality where the priority may not be placed in either the exclusive ownership or co-ownership alone. Hence, the Mosaic Theory (the typical “matchbox") that forms the ownership relationship of the condominium buildings by placing priority only on the co-owner spaces may no longer be available for application. In this sense, the ruling under the consideration is reasonable as it conforms with the changes in the condominium buildings in reality. Provided however, although the ruling under the consideration has in fact changed the precedents, it has not yet rescinded the precedents, and therefore there may be a degree of confusion over which precedent to apply in the ruling over similar cases in the future. Therefore, we may only hope and expect more precise standpoint from the Supreme Court's ruling for similar cases in the future. On the other hand, the issue of protecting the creditor's rights, regard to the building owners, may be presented when the building ownership has changed during the construction of the condominium buildings. In such case, an approach shall be considered to be taken to resolve such issue from through an enforcement over the corporeal property as an enforcement procedure over a building that is being constructed, rather than by simply reviewing the issue as a conflict over the restoration of ownership.

청양-홍성간 도로에서의 초기강우에 의한 유출부하량 평가 및 기여율 산정

이춘원,강선홍,최이송,안태웅 대한상하수도학회 2011 상하수도학회지 Vol.25 No.3

Nowadays, the high land use, mainly used for urbanization, is affecting runoff loads of non-point pollutants to increase. According to this fact, increasing runoff loads seems like to appear that it contributes to high ratio of pollution loads in the whole the pollution loads and that this non-point source is the main cause of water becoming worse quality. Especially, concentrated pollutants on the impermeable roads run off to the public water bodies. Also the coefficient of runoff from roads is high with a fast velocity of runoff, which ends up with consequence that a lot of pollutants runoff happens when it is raining. Therefore it is very important project to evaluate the quantity of pollutant loads. In this study, I computed the pollutant loadings depending on time and rainfall to analyze characteristics of runoff while first flush storm water and evaluated the runoff time while first flush storm water and rainfall based on the change in curves on the graph. I also computed contribution ratio to identify its impact on water quality of stream. I realized that the management and treatment of first flush storm water effluents is very important for the management of road's non-point source pollutants because runoff loads of non-point source pollution are over the 80% of whole loads of stream. Also according to the evaluation of runoff loads of first flush storm water for SS, run off time was shown under the 30 minute and rainfall was shown under the 5mm which is less than 20% of whole rainfall. These are under 5mm which is regarded amount of first flush storm water by the Ministry of Environment and it is judged to be because run off by rainfall is very fast on impermeable roads. Also, run off time and rainfall of BOD is higher than SS. Therefore I realized that the management of non-point source should be managed and done differently depending on each material. Finally, the contribution ratio of pollutants loads by rainfall-runoff was shown SS 12.7%, BOD 12.7%, COD 15.9%, T-N 4.9%, T-P 8.9%, however, the pollutants loads flowing into the steam was shown 4.4%. This represents that the concentration of non-point pollutants is relatively higher and we should find the methodical management and should be concerned about non-point source for improvement on water quality of streams.

우리나라 연대보증제도의 현황과 발전방향

이춘원 한국채무자회생법학회 2010 회생법학 Vol.2 No.-

Today, credit security systems have a pivotal role in economic activity. Among them, a joint surety system has been most commonly used as a security for small-loan finance in the existing banks. Such joint surety system has been treated as a convenient financial instrument because it is possible for the public to lend money relatively easily by providing a surety in case that a potential debtor needs money but lacking credit. In addition, in the side of creditor, joint surety has an economic function of facilitating the retrieval of debt by reducing uncertain risk involved in the provision of credit to a debtor. However, it may cause economic or mental hardship to a surety because it may trigger a heavy responsibility to the surety. Meanwhile, with respect to a joint surety system, many improvements have been made in the first-tier financial world, but many improvements are needed in other financial world and private loan markets. A joint surety is mainly used by ordinary people who lack physical security and have bad financial status, and in Korea many financial institutions (such as private moneylender or other financial institutions), different from other financial institutions in the developed countries, continue to carry out less advanced financial practices of loan by relying on a surety's financial ability rather than thorough inspection of a debtor's credit. It is expected that 'Special Act on Protection of Surety' which was enacted for improving such behaviors of financial institutions and protecting a surety will play a pivotal role in minimizing adverse effects of a joint surety system and maximizing its' positive effects in its operation. In addition, it is necessary to carry out a future institutional supplementation regarding a joint surety system of corporate CEO which is still performed by the first-tier financial world.

재건축 초과이익 환수제도에 관한 문제점 및 개선방안

이춘원 한국집합건물법학회 2017 집합건물법학 Vol.24 No.-

A dramatic rise in real estate prices in the early and mid-2000s made the government legislate and enforce the Act of Restitution of Excess Rebuilding, as one of measures to stabilize real estate prices, on May 24, 2006 and from September 25, 2006, respectively. At that time, as it was mentioned the overheated rebuilding market in Gangnam as a reason for the housing prices surge, the Act introduced the rebuilding charges imposition system not only in order to mitigate the disturbance in the real estate market and the speculative demand caused by rebuilding but also in order to achieve the stabilization of housing prices and social equality by recapturing excess gains made from housing rebuilding projects. However, the rebuilding charges were imposed across the country under the Act, which led every local area have a hard time pushing ahead with a rebuilding project despite its desperate need for the improvement of living conditions by the deterioration of housing as it became difficult to obtain consent from the union members and feasibility became shaky due to the rebuilding charges, etc. As a consequence, the Act amended on June 5, 2008 excluded every rebuilding project that filed an application for the authorization of a management and disposition plan until June 30, 2009, among ones performed in local areas other than the capital area, from the rebuilding projects subject to the collection of the rebuilding charges. As housing prices in Seoul including Gangnam began to decline from 2011, the Act was amended on December 18, 2012 so that every rebuilding project that files an application for the authorization of a management and disposal plan until December 31, 2014 could be exempted from the rebuilding charges, with aiming at the stabilization of housing market and the vitalization of rebuilding projects. On December 31, 2014, the policy letting the rebuilding project that files an application for the authorization of a management and disposal plan until December 31, 2014 be temporarily exempted from the rebuilding charges for the purpose of the stabilization of housing market and the vitalization of rebuilding projects was extended for another 3 years until December 31, 2017. At the time of the announcement of the Aug.2 measures, the government announced to enforce the system of restitution of excess rebuilding from next year as scheduled. As the government announced, the system of restitution of excess rebuilding, which was suspended twice so far, will be again implemented from January 1, 2018. If an application for the authorization of a management and disposal plan is not filed until December 31, 2014, the rebuilding charges shall be paid. As the enforcement date is approaching, opposition lawmakers are mainly proposing each amendment of the Act of Restitution of Excess Rebuilding one after another to the National Assembly. Over the system of restitution of excess rebuilding, several problems, including “taxation on unrealized income,” “double taxation,” or “the need of a change of the time when the rebuilding charges are imposed and a differential application (according to the holding period after rebuilding) to the housing subject to imposition of rebuilding charges,” are being raised. 2000년대 초·중반에 부동산 가격이 폭등함에 따라 정부는 부동산 가격안정 대책의 하나로, 2006년 5월 24일 '재건축초과이익 환수에 관한 법률’을 제정하여 2006년 9월 25일부터 시행하였다. 이 법률에서는 주택가격 급등요인으로 당시 강남지역 재건축시장의 과열양상이 거론되면서 재건축에 의한 부동산 시장의 교란과 투기적 수요를 완화하고, 재건축사업으로 발생하는 과도한 개발이익을 환수하여 주택가격의 안정과 사회적 형평을 기하기 위하여 재건축부담금 부과제도를 도입하였다. 그러나 이 법률에서 재건축부담금이 전국적으로 부과됨에 따라 지방에서는 주택의 노후화로 인하여 주거환경 개선의 필요성이 절실함에도 재건축부담금 등으로 인하여 조합원의 동의를 얻기가 어렵고, 사업성도 불투명하여 사업추진에 어려움을 겪게 되었다. 따라서 2008년 6월 5일에 이 법률을 개정하여 수도권 외의 지방에서 시행되는 재건축사업 중 2009년 6월 30일까지 관리처분계획의 인가를 신청한 사업에 대하여는 재건축 부담금을 징수하지 아니하도록 하였다. 2011년부터 강남을 비롯한 서울의 주택가격이 하락하자, 주택시장을 안정시키고 재건축사업을 활성화하기 위하여 2014년 12월 31일까지 관리처분계획의 인가를 신청한 재건축사업에 대해서 재건축부담금을 면제하도록 2012년 12월 18일에 이 법률을 개정하였다. 2014년 12월 31일에, 주택시장을 안정시키고 재건축사업을 활성화하기 위하여 한시적으로 2014년 12월 31일까지 관리처분계획의 인가를 신청한 재건축사업에 대하여 재건축부담금을 면제하던 것을 2017년 12월 31일까지 3년간 다시 연장하였다. 2017년 8·2부동산대책 발표 당시, 정부는 예정대로 내년부터 초과이익환수제를 시행하겠다고 발표하였다. 정부의 발표대로라면, 그동안 2차례 유예된 재건축 초과이익환수제가 2018년 1월 1일부터 다시 시행될 예정이다. 2017년 12월 31일까지 관리처분계획 인가신청을 하지 않으면 재건축부담금을 납부하여야 한다. 시행일이 가까워짐에 따라 국회에서 야당의원을 중심으로 ‘재건축 초과이익 환수에 관한 법률’ 개정안이 속속 발의되고 있다. 재건축 초과이익환수제에 대하여는 ‘미실현 소득에 관한 과세’, ‘이중과세 논란’, ‘재건축부담금 부과 시점 변경 및 대상 차등(재건축 후 보유기간) 적용 필요성’ 등의 문제점이 제기되고 있다.

유치권 경매에 관한 소고

이춘원 한국집합건물법학회 2011 집합건물법학 Vol.8 No.-

A lien is a right with which a person capturing other’s property or securities directly can indirectly force repayment of a debtor by holding such property or securities until full payment of his/her receivables. Recently, in case a contractor for construction does not receive construction expenses, it often holds or captures the constructed building, etc by using a lien. In such case, a function of indirectly forcing the debtor to make repayment through a lien will not be effective in case the debtor becomes bankrupt or flees. Therefore, it is meaningless that a lien holder captures the objects until full repayment of debts by the debtor. Therefore, it is necessary for a lien holder to have a method for getting out of preservation and occupation without losing interests as the lien holder. For this, Section 1 of Article 322 under the Civil Act provides a right to apply for auction by a lien holder, and Section 1 of Article 274 under the Civil Execution Act provides the examples of auction for executing a security right with respect to the procedure for auction. An application for auction by a lien holder is considered as an exercise of conversion right granted to the lien holder for getting out of a burden that he/she must keep the objects in custody until full repayment of debt, not a forced realization of the secured receivables. The Civil Execution Act has only one provision(Article 274 of the Civil Execution Act) regarding an auction based on a lien, and the practical importance is not significant. However, in order to resolve the matters regarding the status of preservation and occupation by constructors that are frequently occurred, it is necessary to theoretically re-arrange it and review its applicability. Basically, the original purpose of an auction based on a lien is to ‘become free from a burden of occupation’ since it is an auction for conversion purpose in order to become free from a burden of occupation, not a procedural realization of preferential payment right. In case a lien holder applies for an auction based on a lien, he or she must apply it to the court or executor in writing, depending on the object. (Article 4 of the Civil Execution Act) However, an application for an auction based on a lien is required to attach the document proving the existence of a lien, depending on the example of auction application for execution of the security. (Articles 264 and 274 of the Civil Execution Act) A final judgment or notarial deed is deemed as a positive document for proving the existence of a lien, but there are some disputes on whether any private document for proving the existence of a lien, other than such public documents, can be included in the effective document. From the perspective for promoting an auction based on a lien, it is reasonable to proceed with the procedure for auction only with any private document proving the existence of a lien even without an authority of execution if a lien holder captures or occupies the object. 유치권은 물건을 수리한 경우에 수리비를 받기 위하여 자주 이용되며, 최근에는 공사수급인이 공사비를 받지 못한 경우에 이러한 유치권을 활용하는 경우가 종종 발생한다. 그러나 이러한 경우에 채무자가 파산 또는 도주하여 유치를 통하여 변제를 간접적으로 강제하는 기능은 거의 없으므로, 유치권자의 채권 회수의 실효성은 매우 적다. 유치권자가 이득을 잃지 않으면서, 유치 점유라는 상태에서 벗어나는 방법으로 민법 제322조 1항에서 경매신청권을 규정하고 있으며, 그 경매절차와 관련하여 민사집행법 제274조 제1항에서 규정하고 있다. 유치권도 담보권이라면 궁극적으로 채권 회수가 실현되도록 하여야 하며, 유치권의 실효성 확보를 위하여 유치권 경매절차에서 채권회수 기능이 확보되도록 하여야 한다. 다른 담보권과 달리 유치권은 우선변제권이 인정되지 않는데, 이러한 차이점은 유치권경매가 유치권자와 채무자의 양자대립구조 안에서 진행되어 절차상으로 유치권자와 다른 채권자와 경합을 고려할 필요가 없다는 것으로 귀착된다. 유치권 경매절차는 유치권자인 채권자와 소유자인 채무자 사이에 진행되어 다른 채권자의 배당 가입은 절차상 인정되지 않고, 그 결과로서 환가 대금으로부터 유치 채권자의 사실상 우선적 변제가 실현된다. 유치권에 기한 경매의 제도적 목적으로 ‘점유부담으로부터의 해방’과 채권자의 ‘채권회수’의 목적을 들 수 있다. 유치권자가 ‘점유부담으로부터의 해방’과 ‘채권회수’라는 양 목적을 달성하기 위해서는 유치권 경매신청을 보다 간편하게 할 수 있도록 하여야 한다. 유치권 경매신청서에 유치권 존재증명서면을 첨부하여야 하는데, 여기서 유치권 존재 증명 서면으로 확정판결이나 공정증서 등은 물론이고, 유치권 존재를 증명하는 사문서 등도 포함시켜야 유치권에 기한 경매가 보다 활성화 될 것이다. 또한 유치권 경매가 행하여진 경우에 종래 유치물 위에 존재하였던 제한물권 등의 부담은 매수인에게 인수되는가 아니면, 매각에 의하여 소멸되는지 여부가 문제되는데, 반드시 담보권 등을 소멸시킬 필요가 없는 환가형 경매까지도 소제주의를 적용하는 것은 용익권자 등의 권리를 침해할 수 있으므로, 인수주의를 매각조건으로 하는 것이 타당하다고 생각한다.