목자 되신 하나님의 백성

박영복(Young Bok Park) 한국신학정보연구원 2015 Canon&Culture Vol.9 No.1

대부분의 학자들은 에스겔 34장의 복잡한 본문의 문제들을 본문 자체에 집중함으로 연구하였다기보다는 본문의 외적인 자료들(예를 들어, 저작권, 자료들, 문학적 구성 그리고 그들 자신들의 신학적 입장 등)에 집중하는 경향이 있었다. 필자의 견해로, 에스겔 34장에서 발견되는 대부분의 본문의 복잡한 문제들은 주로 본문 수준의 언어적 표시들을 무시하였기 때문으로 보인다. 예를 들어, 참여자 혹은 참여자 집단의 이동이라든가, 화자와 청자의 담화 내에서의 움직이라든가, 그리고 그 참여자들의 움직임과 관련된 단락의 경계들을 살피는 것을 말하는 것이다. 그래서 본문과 적절한 소통을 위해 우리는 본문의 담화구조에 필요한 본문의 언어적 데이터들에 더 많은 관심을 기울여야 한다. 이런 관점에서 에스겔 34장을 살펴보면, 선하신 목자로서 하나님께서는 `나의 양`에게 특별한 관심을 가지고 있으셨고 그들을 그의 백성으로 새롭게 하시기 위해 그의 소유권을 주장하시는 것을 살펴볼 수 있다. 하나님께서는 그의 양들을 보살피기 위해, 전체 양무리들 위에 한 목자를 세우시는데, 그 한 목자는 그 무리들을 가운데에 왕이 될 그의 종 다윗이다(34:23a-24c). 여기서 왕으로서의 다윗의 약속은 그 양들 가운데에 하시는 하나님의 목양과 임재를 강조하고 있다. 하나님의 목양들의 유일하신 목자이시며 그들을 심판하시고 그의 목초지로 그의 양들일 인도하시는 분이시라는 것이다. In many cases, scholars have not dealt with the textual complexities of Ezekiel 34 by focusing on the text as it stands but have instead resorted to text-external sources (e.g., authorship, sources, literary composition and even their own theological position). In my view, most of the textual complexities that have been raised in Ezek 34 are mainly due to indifference toward the linguistic signals at the text-level, such as, the shift of a participant or a set of participants, the shift of speaker and addressee in the discourse, the establishment of the text segment boundaries and their relation caused by the movement of participants. So, to communicate with the text properly, we should pay much attention to the linguistic features contributing to the discourse structure of the text. Seen in this view of Ezekiel 34, the discourse portrays that God as a good shepherd has a particular attention to `my flock` and claims his ownership of his flock to reorganize them as his people. God promises that he will set up one shepherd over the whole flock in order to take care of his flock. This one shepherd in his servant David who will be `prince` among the whole flock(Ezek 34:23a-24c). Here, the promise of David as the prince under lines the divine shepherding and God`s presence with the flock. This concern of divine shepherding culminates in Ezekiel 34:31. God is the only shepherd of the whole flock, and he can judge them and also reorganize his flock into his pasture.

정면밀링공정에서 공구마모에 따른 절삭력 신호의 형상 변화에 관한 연구

박영복(Young-Bok Park),최덕기(Duk-Ki Choi),김성준(Sung-Jun Kim) 한국기계가공학회 2006 한국기계가공학회 춘추계학술대회 논문집 Vol.2006 No.-

On-line detection system of abnormal states in a machining process needs to be developed to implement the IMS(Intelligent Manufacturing System). Generally it is difficult to determine the exact point of time for tool change because a tool wear grows progressively on the contrary to other abnormal states. In this article, the shape parameter of cutting force within 1 revolution was proposed as a feature to detect a tool wear. The feasibility of the shape parameter was discussed and verified through the tool wear experiments.

계약교섭단계에서의 행위규범

박영복 ( Park Young-bok ) 한국외국어대학교 법학연구소 2012 외법논집 Vol.36 No.4

Today preference is often given to negotiations over the classic procedure for contract formation. Many issues which arise during this new procedure for contract formation through negotiations need special regulation (e.g.,unfair negotiations, the right to exit negotiations, exclusivity of negotiations, the terms of the executed contract in the absence of a single document, etc.). Developing the rules regulating this procedure for contract formation becomes a challenging assignment for all legal traditions. Initially all legal systems adhered to the venturesome (aliatory) theory of negotiations placing all pre-contractual risks on each party and did not allow recovery of any damages incurred in the course of contract formation unless and until the parties undertook contractual obligations or committed tort. However, with the passage of time, the venturesome theory proves to be inflexible and unable to accommodate market demands, its application having sometimes drastic and unfair consequences. As a result, most legal systems came to recognize the need to govern the parties’ relations at the contract formation stage. Due to the diversity of contract negotiations techniques and methods, as well as the ways of putting together the understandings reached in the course of negotiations, such techniques, methods and ways cannot be so easily unified and formalized as the classic contract formation procedure. Therefore, most legal systems, instead of working out detailed provisions that would govern this new contract formation procedure, decided in favor of establishing only general principles of pre-contractual behavior and imposing pre-contractual liability for failure to observe such principles. At present, all legal systems recognize that the ground for imposition of pre-contractual liability is unfair behavior, or breach of the good faith duty, at the pre-contractual stage. However, legal systems differ in how they establish this good faith duty. Some legal systems impose general obligation of good faith on the parties embarking on contract formation, while other legal systems impose pre-contractual liability only for certain types of unfair behavior at the pre-contractual stage and abstain from imposing a general obligation of good faith. However, regardless of the way in which pre-contractual liability is incorporated, all legal systems recognize two types of pre-contractual liability: (i) liability that is imposed when parties fail to enter into an agreement due to unfair behavior of one of the parties at the pre-contractual stage, and (ii) liability that is imposed when an agreement has been concluded but was thereafter invalidated due to unfair behavior of one of the parties at the pre-contractual stage.

유럽 공통의 매매법 - 「유럽 공통매매법에 관한 EU 규칙」을 위한 유럽의회 수정안을 중심으로 -

박영복 ( Park Young Bok ) 한국외국어대학교 법학연구소 2015 외법논집 Vol.39 No.1

The Commission’s proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law (COM(2011)0635) is to improve the establishment and the functioning of the internal market by facilitating the expansion of cross-border trade for businesses and cross-border purchases for consumers. This objective can be achieved by making available a selfstanding uniform set of contract law rules including provisions to protect consumers, the Common European Sales Law(CESL), which is to be considered as a second contract law regime within the national law of each Member State. CESL, if introduced, would be an optional framework that businesses and consumers could agree to abide by in contracts. Instead of relying on the law of the consumer’s country or that of the seller’s country, they could choose to use the CESL. The European Parliament adopted in first reading following the ordinary legislative procedure amended the Commission proposal. Under the plans backed by European Parliament, the optional contract law would be able to be used in distance selling contracts only, such as transactions made by consumers over the internet. Despite strong backing from the European Parliament, proposals for a Common European Sales Law are likely to be bogged down in the European Council, due to opposition from a majority of member states, including the UK, France and Germany. The division of the proposal into a “chapeau” regulation and an annex has caused much confusion. European Parliament therefore propose to merge regulation and annex, so as to obtain one consolidated and integrated instrument(part Ⅱ of the article). Part Ⅲ analyzes the “chapeau” regulation, which is the legal instrument putting into effect the eventual CESL. The focus lies on the scope of application, Choice of CESL, structure, and the conflict of laws issue. Part Ⅳ is concerned with the substantive sales law. The CESL is based on the pre-existing unification efforts, such as the Convention on Contracts for the International Sale of Goods[CISG], DCFR, Directives 1999/44/EC on certain aspects of the sale of consumer goods, the relevant instruments are compared in order to analyze the Common European Sales Law (CESL). It concentrates on the rules of the Formation of Contact, Rights and obligations of the parties and the Restitution.

성경 히브리어 동사체계에 대한 소고: 요나 1장의 본문-언어학적 분석

박영복 ( Park Young Bok ) 한국복음주의신학회 2017 성경과신학 Vol.83 No.-

성경을 히브리어로 읽고 이해하며 신학적 원리를 도출해 낼 수 있다는 것은 성경 히브리어가 어떤 규칙적인 언어체계를 가지고 있다는 직접적인 증거이다. 하지만 이러한 당위성과 지금까지의 많은 노력에도 불구하고, 성경 히브리어의 동사체계에 대한 탐구는 여전히 진행 중이다. 그래서 본 연구는 요나1장 언어적 정보들을 분석하여 다양한 방식으로 사용된 동사의 용례를 살펴봄으로써, 성경 히브리어 동사체계에 대한 함의를 숙고해 보고자 하였다. 요나 1장은 총 86개의 히브리어 문장으로 구성되었고, 언어적·구문적 연관성에 의해서 계층구조를 만들 수 있었다. 이를 바탕으로, 문장수준(clause-level)과 본문수준(text-level)으로 종합적으로 분석하였고 성경 히브리어 동사체계에 대한 다음과 같은 함의를 도출하였다. 첫째, 영역(domain)의 변화에 따라 동사의 형태가 바뀌었다. 둘째, 영역이 바뀔 때, 바로 앞문장과 그 다음 문장은 일직선(linear)으로 연결할 수 없고 같은 영역에 연결해야 하기 때문에, 본문은 계층적인 구조(hierarchical structure)의 형태로 이해해야 한다. 셋째, 요나 1장에서 계층구조의 골격으로서 규칙적인 방식의 절의 형태(clausal type)의 조합이 사용되고 있음을 발견할 수 있었다. 넷째, 문장수준의 절의 형태만으로는 시제(tense)와 양태(modality)를 설명할 수 없다. 본문수준의 정보가 더 필요하다. 이와 같은 요나 1장의 본문-언어학적 결과는 성경히브리어 본문에서 일관된 방식으로 동사체계를 설명하는 데에 직·간접적으로 기여하게 될 것이다. It is no doubt that biblical hebrew has a system of language as itself if we read and understand the bible in hebrew and furthermore, deduce a theological implication. Yet, despite a great deal of efforts as to this appropriateness so far, the research on biblical hebrew verbal system is still on going project. This study considered the regularity of biblical hebrew verb with text-linguistic data of Jonah 1 as an example. Jonah 1 consists of 86 sentences in hebrew. It is organized a hierarchical structure based on syntactic and linguistic relation, and also analyzed in both clause-level and text-level syntax. Concerning regularity of biblical hebrew verb, it can be drawn from the observations as follows: (1) The type of verb has changed according to the change of ‘domain’. (2) When ‘domain’ is changed, the sentences can not be linearly connected since the following sentence should be connected to one in the upper same kind of ‘domain’. So a text should be understood in a hierarchical form. (3) Jonah 1 used a regular combination of clausal types as a backbone of hierarchical structure. (4) In hebrew, ‘tense’ and ‘modality’ can not be properly explained with only clause-level syntax, but in both clause-level and text-level syntax. Proceeding from these observations with a text-linguistic analysis of Jonah 1, one could logically assume that it will contribute to elucidating the biblical hebrew verbal system in a certain way.

괴사성 근막염

박영복(Young Bok Park),심민철(Min Chul Shin),권굉보(Koing Bo Kwun) 대한외과학회 1988 Annals of Surgical Treatment and Research Vol.35 No.6

계약상 이행책임의 제한 - 유럽계약법 공통참조기준(CFR) 초안을 중심으로 -

박영복 ( Park Young-bok ) 한국외국어대학교 법학연구소 2010 외법논집 Vol.34 No.1

The Study Group on a European Civil Code and the Research Group on Existing EC Private Law (the 'Acquis Group') present the revised and final academic Draft of a Common Frame of Reference (DCFR). It contains Principles, Definitions and Model Rules of European Private Law. In the paper is discussed about the limits of the duty to performance, e. g. impossibility, force majeure and change of circumstances(hardship). If the parties have concluded a contract freely and with adequate information, then the contract should normally be treated as binding on them unless they agree to modification or termination or, where the contract is for an indefinite period, one has given the other notice of a wish to end the relationship. These rules are set out clearly in the DCFR. If one party fails to perform contractual obligations, the other should have an effective remedy. One of the main remedies under the DCFR is the right to enforce actual performance, whether the obligation which has not been performed is to pay money or is non-monetary, e. g. to do or to transfer something else. The DCFR slightly modifies and supplements this principle by some exceptions as the right to enforce performance should not apply in various cases in which literal performance is impossible or would be inappropriate(Ⅲ-3:301 and 3:302). It is recognised in the rule which regards non-performance of an obligation as excused (so that performance cannot be enforced and damages cannot be recovered) if the non-performance is due to an impedimdimdbeyond the debtor's contro's nd if the debtor could not reasonably be expected to have avoided or overcome the impedimdimdor its consequences(Ⅲ-3:104expectlies behind the rule allowing contractual obligations to be varied or terminated by a court if they have become so onerous as a mpeult of an exceptional become so onerous as a that it would be "manifestly unjust to hold the debtor to the obligation"(Ⅲ-1:110expectis the basictuf the rule that performance of an obligation cannot be specifically enforced if it would be unreasonably burdensome or expensive(Ⅲ-3:302).

체결된 계약 내용의 수정 및 조정

박영복 ( Park Young-bok ) 한국외국어대학교 법학연구소 2009 외법논집 Vol.33 No.3

The modification, adjustment of contract is possible by agreement. There are two possible schemes. One is the pre-contract special mechanism for reflection of the changes, and the other is agreement to a post-contractual change of circumstances If there is no agreement between the ptheies, the negotiation process by court may be operated to reflect changes in circumstances. In the theicle is described the outline of the most relevant structural features of the contract adaptation and the Aspects of contract adaptation. In Pthe Ⅱ deal with the ptheies' negotiations, in Pthe Ⅲ post-contractual contract adaptation- the tdjustment of the contract through the facilitating of negotiations. There are facilitating contract negotiations by legal norms and bargaining in the shadow of the law on using utility functions to support legal negotiation, and facilitate negotiations by special arrangement - renegotiation and adaptation clause. Direct negotiations between parties may also be subject to certain formalities prescribed by the contract itself. To cite a few examples, many hardship clauses establish duties regarding, inter alia, timely written Information, a waiting period, and a meeting of the parties. The parties may have agreed in advance that one of them is empowered to make unilateral decisions on gaps or changes. Here, we are not in the presence of true negotiation but only decision-making by one party. Whether the parties can validly do this depends on the applicable municipal law and its concept of party autonomy. If the parties do not deem direct ad hoc negotiations as an adequate means for contract adaptation, they may have recourse to the intervention of a third party. If an adaptation of the contract through the mutual agreement of the parties is neither envisaged in the contract nor possible in the immediate situation, it is still possible that a unilateral decision might bring about the adaptation. In Part Ⅳ is dealt with the contract adaptation by the court. Courts can change a contract and adapt it to new circumstances if so allowed by the substantive law of contract. If the parties do not reach an agreement, they may have recourse to the courts or to an arbitral tribunal. Courts or arbitral tribunals, however, even if they may act under flexible legal concepts of contract adaptation do not necessarily have the same wide scope of flexibve thethe parties would themselves have in a private renegotiation. Although many legal systems do not generally give relief to a party who is burdened with excessive hardship, these same systems generally recognize party autonomy to provide for the adaptation of contracts to changed circumstances. Consequently, it is fairly common in contracts, particularly those that have long durations, to make provisions for revision of the contract in case of changed circumstances. Having laid the structural features of the contract adaptation and the aspects of contract adaptation is dealt in Part Ⅴ with a more general question, whether we need a classical contract theory(will theory) to the relational contract theory. Is certainty and contractual security better promoted by rigid rules or by leaving room for flexibility? The answer turns on the nature of the contract. In contracts certainty is all important. Certainty means security. The aim of the contract law, contractual security, recognised under the heading of faveur pour le contrat, is recognised in various provisions for example those on interpretation, and on the power of the court to adapt a contract. Also, the debtor's right to cure a non-conforming performance can be seen as being aimed at the preservation of the contractual relationship, as this right may avoid the execution of remedies, including termination. Further, a general mechanism to supplement the agreement is provided in order to make it workable when it is necessary to provide for a matter which the parties have not foreseen or provided for, thus "favouring the contract"(maintaining the contractual relationship) and increasing contractual security.

보증제도에 대한 일본 민법의 개정

박영복 ( Park Young-bok ) 한국외국어대학교 법학연구소 2007 외법논집 Vol.25 No.-

The article reports the proceedings(legislative history of the amendment) and overviews the latest reforms to Japan’s Civil Code(JCC), enacted in 2004 with effect from 2005. The main purposes of the revisions were (1) to update the Civil Code into contemporary Japanese, and (2) to modernize the law of the suretyship of the debts, providing several protective measures for the surety. The surety guarantees the performance of the obligation of another. The suretyship is defined as a contract whereby one party (the surety) obliges himself toward the other party (the creditor) to perform an obligation to which a third person (the principal debtor) is or will be bound toward the creditor. A surety shall have the responsibility to perform the obligation of the principal obligor when the latter fails to perform such obligation(Art. 446 ① JCC). The principal obligation for which the suretyship is given need not exist at the moment the suretyship is entered into. The suretyship can be entered into for future obligations of the principal debtor, to the extent that they are sufficiently determinable. Suretyship for future obligations is common practice in Japan also, mostly in the form of suretyship towards a creditor (often a bank) for all or certain kinds of claims this creditor will have in the future against a certain debtor. A continuing suretyship is widely used in Japan for the relationships between the Creditor and the principal debtor. The surety of a continuing suretyship guarantees the payment owed or to be owed by principal debtor to the creditor (or supplier). Ordinarily the amount guaranteed and the duration of the surety relationship are not fixed. This creates some problems, which have led to a fair amount of litigation and judicially created limitations of the liability to that reasonably contenplated by the surety. After the chapter on the Introduction of the paper( I ), the proceedings were reported (Ⅱ)and outline key features of the amendment to JCC(Ⅲ), which are the main chapters in the paper. In the next chapter, some practical or dogmatical issues with respect to the revised contents on the suretyship/loan-suretyship-contract were discussed from a comparative law point of view(Ⅳ). As tey features of the reforms to Jean's Civil Code can outline two aspects : 1. The method for a contract of suretyship obligation was changed to a written basis, which prevents private persons form entering rashly into a contract of suretyship. No contract of suretyship shall be effective unless it is made in writing(Art. 446 (2) JCC). 2. For protection of the private surety the provisions concerning flowing sum surety obligation are more detailed inserted. However, the subject of the regulation is restricted a specified type of the suretyship contract, i.e. “contract for revolving suretyship on loans”(= hereinafter referred to as a “loan-suretyship-contract”). Art. 465-2 JCC provides the liability of surety of loan-suretyship-contract: A surety to a contract of surety on the principal obligation of which is unidentified within a certain specked scope whereby the scope of such obligation includes any obligation incurred as a result of the transaction of lending money or accepting discount of a negotiable instrument(= loan obligation) shall be liable for the satisfaction of the amount of the principal of the relevant principal obligation, interest, any damages in connection with such principal obligation. A loan-suretyship-contract shall not be effective unless the maximum amount set forth. JCC provides the principal determination date(= the date on which the principal of the principal obligation should be determined for a loan-suretyship-contract. In the case where a loan-suretyship-contract provides the principal determination date, if it is provided that such principal determination date shall fall on any day on and or after the day on which five years have elapsed after the day of the conclusion of the relevant loan-suretyship-contract, such provision for the principal determination date shall not be effective(Art. 465-3 ① JCC). In the cases where loan-suretyship-contract does not provide a principal determination date, the principal determination date thereof shall fall on the day on which three years have elapsed after the day of the conclusion of the relevant loan-suretyship-contract(Art. 465-3 ② JCC). JCC prescribes 3 grounds for determination of principal in loan-suretyship-contract (Art. 465-4 JCC). It means automatic(ipso jure) determining of the principal obligation, without any notice, if one of the mentioned grounds exists. JCC also provides the right to obtain reimbursement in contract for revolving sureties for loan obligation in cases where creditor is juridical person(Art. 465-5 JCC).

이행청구권 -독일민법개정의 논의에 나타난 시각변화를 중심으로-

박영복 ( Park Young-bok ),박희호 ( Pak Hee-ho ) 한국외국어대학교 법학연구소 2006 외법논집 Vol.21 No.-

§ 275 II BGB regelt, dass der Schuldner die Leistung verweigern kann, soweit diese einen Aufwand erfordert, der in einem groben Missverhältnis zu dem Leistungsinteresse des Gläubigers steht. Dadurch werden der Grundsatz pacta sunt servanda und zugleich die Bestandskraft gesetzlicher Ansprüche gestärkt. Diese Regelung zwingt uns allerdings die traditionelle Stellungnahme zu überprüfen, dass das Schicksal der Leistungspflicht mit der ErfüUungsmöglichkeit des Schuldners verbunden sein soll, so dass die Befreiung von der Leistungspflicht nur von Umständen des Schuldners abhängt. Bekannterweise ist die Stärkung des Schutzes des Gläubigersinteresses eine nunmehr allgemein anerkannte Tendenz, was bereits seit EKG von 1973 vorliegt. Die Reform des BGB vom 2002 ist auch das Ergebnis der Aufnahme solcher Tendenz. Man spricht auch in Korea von der Globalisierung des Vertragsrechts. Wenn man in den Umstände nicht von solcher Strömung abweichen will, ist es die höchste Zeit, dass man die neue Systematisierung des Schuldrechts im Sinne des verstärkten Schutzes des Gläubigers erwägen soll. Die herrschende Lehre über das Verhältnis zwischen Forderung und Anspruch, die sich auf die windscheid’sche Anspruchslehre zurückführt, muss sich auch einer Überprüfung unterziehen, falls das Gläubigersinteresse in der Mitte des Schuldverhältnis steht. Nach der herrschen Lehre ist der Airspruch der Zentralbegriff des Zivilrechtssystems. Demgegenüber ist die Forderung eine Unterart des Airspruches und die Actio "der unmittelbare und erschöpfende Ausdruck des Forderungsrechts, der Obligatio". Wenn das Gläubigerinteresse Mittelpunkt des Zivilrechts ist, kann der Airspruch nicht mehr die Forderung erfassen, sondern er wird eine Befugnis zur Sanktionsrealisierung oder Haftungsrealisierung. Im deutschen neuen Recht begegnet die Unmöglichkeit trotz der beabsichtigten Minderung ihrer Bedeutung noch in einigen Vorschriften. Die Unmöglichkeit sollte nach § 275 S.l nicht mehr wie nach dem bisherigen § 275 zu einer Leistungsbefreiung kraft Gesetzes führen, sondern eine Einrede begründen. Außerdem sollte die Unmöglichkeit nicht mehr besonders erwähnt werden, um den neuen einheitlichen Pflichtverletzungstatbestand auch sprachlich zu betonen. Es bedürft neuen deutschen Recht einer Grenze für die Primärleistungspflicht des Schuldners, aber ist nicht auf die Unmöglichkeit ab. Vielmehr sollte das Schuldverhältnis maßgeblich sien. Die Neuregelung folgt der Schuldrechtskommission in ihrer Einschätzung, dass die im Bürgerlichen Gesetzbuch sehr stark betonte Unmöglichkeit im Laufe der Jahre ihre anfangs vorhandene praktische Bedeutung verloren hat. Die Unmöglichkeit spielt in der Rechtswirklichkeit bisher eine völlig untergeordnete Rolle, der die Neuordnung des Leistungsstörungsrechts auch durchweg Rechnung trägt.