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키코(KIKO) 통화옵션계약 체결 당시 적합성원칙과 설명의무를 위반한 경우 손해배상책임에 관한 판례평석
이훈종(Lee, Hun-Jong) 한양법학회 2014 漢陽法學 Vol.25 No.3
In a case where a bank violated the suitability principle and duty of explanation when it signed a KIKO currency option contract, a question arises to the matter of responsibility to cover damages. After considering various circumstances and in view of equal division of damages, the High Court limited Shinhan Bank"s responsibility to cover damages to thirty percent of the plaintiff company"s loss. The Supreme Court ruled that if negligence is set off for acts of taking possession, such as fraud or embezzlement, the perpetrator keeps the illegal profit in the end, in light of the legal principle which says that comparative negligence is disallowed only in cases where it is against fairness or good faith principles, the plaintiff"s appeal cannot be accepted. In this paper, we examine the validity of setting off the negligence of a corporation while it can question the suitability principle and the violation of duty of explanation. The plaintiff was aware that it is a speculative contract when he signed the KIKO currency option contract, and in a hypothetical scenario, if the exchange rate declined, the plaintiff would have gained an exchange profit or gained profit by exercising his put option. If in this case the bank and the corporation were on equal footing, it would be reasonable to calculate damages to the bank after setting off negligence of the bank. However, because banks have superior professional knowledge and resources than normal investors in dealings of over-the-counter derivatives, it is necessary to protect the normal investor who trusted and did business with the bank. Since the plaintiff violated the suitability principle and duty of explanation in this case, it committed an illegal act that is a willful violation of the suitability principle and duty of explanation. Because the victim suffered a loss due to a willful, illegal act, the perpetrator"s liability for damages was limited to thirty percent, and the bank was awarded seventy percent, the majority of the loss. It is unjust for the perpetrator to be awarded the majority of the loss when the loss was due to an willful, illegal act. Therefore, it is reasonable in this case to conclude that the bank should not be allowed to set off negligence of the corporation.
Monobenzyl Ether of Hydroquinone 으로 탈색치료한 범발형 백반증 1예
이훈,한승경 대한피부과학회 1999 대한피부과학회지 Vol.37 No.5
A 42-year-old Korean female patient with vitiligo universalis had depigmentation therapy with 20 monobenzyl ether of hydroquinone(MBEH). Noticeable lightening was observed 1 month after depigmentation therapy, three months later, complete depigmentation was achieved. As depigmentation induced by MBEH is generally irreversible, MBEH must be reserved for induction of complete depigmentation in severe cases of vitiligo in which the patients themselves do not want repigmentation and who can aecept the consequences of permanent non-tanning skin.
폐렴구균 수막뇌염 이후 급성 미만성 백질 병변으로 진행한 6개월 영아 1례
이훈상(Hoon Sang Lee),김경민(Kyung Min Kim),남상욱(Sang Ook Nam),김영미(Young Mi Kim),연규민(Gyu Min Yeon),이윤진(Yun Jin Lee) 대한소아신경학회 2016 대한소아신경학회지 Vol.24 No.4
폐렴구균 같은 세균성 뇌수막염은 소아나 성인에서 높은 사망률과 심각한 신경학적 합병증을 초래할 수 있다. 6개월의 여아가 3일간의 발열과 의식 쳐짐을 주소로 내원하였다. 내원 당시 시행한 뇌척수액 검사에서 세균성 뇌수막염이 의심되는 소견이 관찰 되어 항생제(vancomycin, cefotaxime)를 즉각적으로 투여 하였고,. 혈액과 뇌척수액 배양 검사에서 폐렴구균(S.pneumoniae )이 동정되었다. MRI 소견에서는 백질에 광범위한 다발성의 고음영 소견이 관찰되어 gammaglobulin (5-day course of 0.4 g/kg/day)와 고용량의 methylprednisolone (30 mg/kg/day)을 정맥 투여하였다. 하지만, 이런 치료에도 불구하고, 호흡이 불안정하게 되어 기계환기 치료를 하였고, 상태가 점점 악화되어 환아는 입원 60일경에 사망하였다. 저자들은 급속하게 비가역적인 미만성 백질의 침범이 있는 폐렴구균수막뇌염의 6개월 어린 영아를 경험하였기에 보고하는 바이다. Acute bacterial meningitis such as Streptococcus pneumoniae (S. pneumonia) continues to be a major cause of morbidity and mortality in both children and adults. A rapid aggravating invasion of diffuse white matter following bacterial meningoencephalitis may be a rare occurrence depending on patient’s immune response. A 6-month-old girl was referred to our hospital after 3-days of fever and appeared lethargic at the time of visit. Lumbar puncture was performed with the results of white blood cells of 60/mm3 (70% neutrophil), total protein 415 mg/dL, and glucose 51 mg/dL. Brain MRI showed very widely spreading signal abnormalities of diffuse white matters, basal ganglia and corpus callosum. Intravenous vancomycin and high dose cefotaxime as well as intravenous immunoglobulin (0.4 g/kg/day for 5 days), and high-dose methylprednisolone (30 mg/kg/day) were started on the first and third day after admission, respectively. On the 4th day after admission, the patient was intubated for ventilator care and despite aggressive treatment, the patient deteriorated rapidly and died after 60 days since admission. S. pneumoniae growth was noted from both blood and cerebrospinal fluid. We report this case with rapidly aggravating white matter lesion due to S. pneumoniae meningoencephalitis, as one of the youngest patient reported to date, with a fatal outcome.