行政上 團體訴訟의 展望

趙淵泓 湖南大學校 1995 호남대학교 학술논문집 Vol.16 No.1

Recently, the collective litigation systems of civil and administrative case have been legalized in Korea as other countries the Civil Procedure Act Revision Special Department committee and the Public Law Research Special Department committee are going to make a collective litigation system through introducing strong points of class Action in America and Verbandsklage of Germany in this paper. I am going to point out something about Verbandsklage and prospect of legalizing it. First, what is to be ground provisions of the Verbandsklage, Second, what is to be the organization model having standing of Verbandsklage, Third, Present, is there nothing the functional Verbandsklage in our administrative proceeding Action. Although, we can recognize easily the strong point of Verbandsklage, through the essence of it, that it is superior by far, in getting the money, materials, information of litigation than class Action or public Action of America that gives a person standing of lawsuit, we are going to point out as a question that first, P.L.R.S.D.C thinks the ground provision of Verbandsklage is same as it of joint lawsuit and establishing it separately from the Popularklage the collective litigation in our administrative procedure law. Second, the model of organization as a standing that is essence of Verbandsklage our political party is analogous to above, because, above is a corporation same as our political party. Third, An election case by a political party in our country can be though as a bud of Verbandsklage. So far, in Germany, mother country of Verbandsklage, they approved minimum ones by special legalization they are necessary in private law, and Verbandsklage in administration is in review in federal state, but environmental case and nature protection case are legalized in state. Seeing the state of things in Germany, we think that progress of legalizing, it can not be faster in our country than in Germany especially, Verbandsklage of administration in Germany is under discussion phase, we should keep in mind. But we should hasten the legalizing it regardless of Germany's things because the necessity of Verbandsklage is urgency in any other countries we prospect that we can legalize it easily modeling the election case by political party because political party has standing as a corporation in election case of popularklage in our administrative procedure law.

行政審判의 對象과 請求人適格

趙淵泓 호남대학교 1998 호남대학교 학술논문집 Vol.19 No.1

Administrative act should be lawful and appropriate because the principle of legal administration means that it should not be unlawful and inappropriate. The unlawfulness and inapproproateness in administrative act consist of the flaw of it, and it becomes a factor of hampering the validity of it. The materializing and effecting indispensable condition of administrative act can come into force when they are lawful and appropriate flaws when it loses the legality and public interest appropriation, and it can't come into force because of the validity and cancellation. The discretionary flaws the illegal and inappropriate ones in settling and selecting of discretionary disposition to adjust the public interests and private ones to achieve the concrete appropriation of administrative act. Hitherto, the causes of the discretionary flaw that mislead the settling and selecting of discretionary disposition have exceeded the negative limits of discretion which are exceeding and abusing the discretion, violating the procedure of the discretion, laying the discretion, as a illegality. But now, the discretionary flaw should be contained in exceeding the positive limits of discretion which the discretion has the disposition duty by the conventional norms, as a illegality. Hitherto the principle of illegal discretionary flaw has been progressed steadily, and doctrine and precedent of it have come to a consensus, but about the inappropriate discretionary flaw, they haven't come to a consensus, and they are debating about it without stopping till now. In the past inappropriate discretionary flaw was defined as a violation of public interests, but nowadays according to accelerate the legal control about discretion, it is almost estimated as an illegality and diminished to be estimated as a injustice or impropriety, in consequence, the violation of public interests has an illegality in principle. As a result, the sphere of being the injustice discretionary flaw becomes very narrow, and it is difficult for us to grasp its substance. In this study, I am going to point out that the materializing condition of it should contaion the negative and positive limits of discretion and the dispositional duty in discretionary course. Nowadays, according to the development of discretionary limits theories the excess and abuse of discretion etc, discretionary disposition contains the unlawfulness, the counterpart and interested part of it may have the rigth of claim to ask for the exclusion of its flaw as a subjective civil right, Anspruch auf fehlerfreie Ausubung des Ermessen. The civil right is allowed in order to put into practice the judicial review about discretion to protect the rights and interests of its counterpart from the unlawful discretionary disposition as not a substantial right but a formal one. In this study, I will point out that the civil right was allowed to be also to sue for the unlawfulness of negative limits of discretion in its history, but also, it should be allowed in case of positive ones and discretionary inappropriateness which violate and interest in law.

美國의 公共訴訟과 우리나라 民衆訴訟의 原告適格에 관한 硏究

조연홍 호남대학교 1986 호남대학교 학술논문집 Vol.7 No.1

The distinctive features of the contemporary industrial Societies are massification-cultures as mass productions and mass-consumptions They gave a great many changes to not only economical fields but also socialrelations, human-impulses, controversies and law-systems. There are many cases that the activities and Relations of humen are derived from category, group, and class rather than a person or many as a person. So They should be protected not only the human rights of natural law in 19c. but also metaindividual, collective, diffuse rights of group as an important request of welfare state. In Contempeary Societies, a person can give a great damages to many of persons. In this case, It is clsearly impossible or difficult for us as a single person to confront effectively against the oppose party in order to protect from the damages. Accordingly, we must devise a new judicial procedure and relief method, because we cant relieve the mass-damages with the traditional judicial procedure as a two party affairs. In order to answer the purpose, many foreign countries are trying to improve the systems of the collective litigation or at their best in them simultaneously. It is necessary for our country to improve the collective litigation to relieve us from the damages of the invironm emtal conteminations, of the consumers and of mass-accident as minus-property in 1970s. In this paper, I will try to study only the standing which is the most important in the collective litigation by comparing the Korean Popularklge with American Public Action to recognize the approach between them and show the idea of the betterment.

裁量瑕疵의 本質과 行政爭訟과의 關係

趙淵泓 湖南大學校 1996 호남대학교 학술논문집 Vol.17 No.1

Administrative act should be lawful and appropriate because the principle of legal administration means that it should not be unlawful and inappropriate. The unlawfulness and inappropriation in administrative act consist of the flaw of it, and it becomes a factor of hamper the validity of it. The materializing and effecting indispensable conditions of administrative act can come into force when they are lawful and appropriate in public interests, and it contains the illegal and inappropriate flaw when it lose the legality and public interest appropriation, and it can't come into force because of invalidity and cancellation. The discretionary flaws are the illegal and inappropriate ones in settling and selecting of discretionary disposistion to adjust the public interests and private ones to achieve the concrete appropriation of administrative act. Hitherto, the causes of the discretionary flaw that mislead the settling and selecting of descretionary disposition have exceeded the negative limits of discretion which are exceeding and abusing the discretion, violating the procedure of the discoretion, lazying the discretion, as a illegality. But now, the discretionary flaw should be contained in exceeding the positive limits of discretion which the discertion has the disposition duty by the conversional norms, as a illegality. Hitherto the principle of illegal discretionary flaw has been progressed steadily, and doctrine and precedent of it have come to a concensus, but about the inappropriate discretionary flaw, they haven't come to a concensus, and they are debating about it without stopping till now. In the past inappropriate discretionary flaw was defined as a violation of public interests, but nowadays according to excellerate the legal control about discretion, it is almost estimated as a illegality and diminished to be estimated as a injustice or inpriority, in consequence, the violation of public interests has become a illegality in principle. In result of it, the sphere of being the injustice discretionary flaw becomes very narrow, and we are difficult to grasp the substance of it. In this study, I am going to point out the materializing condition of it should contain the negative and positive limits of discretion and the dispositional duty in dicretionary course. Nowdays, according to the development of discretionary lmits theories the excess and abuse of dicretion etc, discretionary disposition contans the unlawfulness, the counterpart and interested part of it may have the right of claim to ask exclution the flaw of it as a subjective civil right, Anspruch auffehlerfreie Ausubung des Ermessen. The civil right is allowed in order to put into practice the judicial review about dicretion to protect the rights and intersts of its counterpart from the unlawful discretionary disposition as not a substential right but a formal one. In this study, I will point out the civil right was allowed to be able to sue for the unlawfulness of negative limits of discretion in its history, but also, it should be allowed in case of positive ones and discretionary inappropreatness which violate the right and inerest in law.

民衆訴訟의 實務的 接近과 展望

趙淵泓 호남대학교 1997 호남대학교 학술논문집 Vol.18 No.3

One of the impending subject of the code of judicial procedure in welfare state is to develop the collective litigation because of the needs to settle the collective dispute, to guarantee the people's right in welfare state, to settle judicial of the collective dispute, to make the technigue in the judicial procedure of the collective litigation and to generalize the pouplaitigation. The impending subject is not to introduce foreign collective litigation system, but to progress our popularlitigation system as a collective litigation system. From now on, we have emphasized to introduce the foreign one without studying our populalitigation system. But to introduce and use the unfamiliar foreign one will make the various difficult problems, the rule of trial and error, difficulty of rooting the foreign one in our law system, and the double collective litigation system with our one. Popularlitigation is the essentially subjective objective litigation. The litigation for common interest settling collective dispute, we are familiar with it and we had better imploy it. The question with the pouplarlitigation is that has the essence of the collective litigation as foreign one. Theessence of the foreign one is subjective one, collective one, legal one, on the contrary, the essence of our popularlitigation is object one, common interests one, non-legal one. But the object one is from calling the subject one for the right and legal interest one. and calling the object one for vertual interest and lawfulness one, the latter one is subjective objective litigation as foreign one. Commoninterest one, is to give standing without the mandating form damaged persons and the essence of standing is same as foreign one Non-legal one is from calling the legal one for the right and legal interest one, and calling the non-legal one for vertual interest and lawfulness one, the latter one is legal one as case or controversy' of foreign one. So, the subject one, colective one and the legal one of the foreign one is equal with the object one, commoninterest one and non-legal one of our popular litigation. The popularlitigation is not only one of the collective litigation, but also there ar difficult problems of it than those of the subject one in legal procedure. When we provisions of popuplarlitigation in the administrative legal procedure, the popularlitigation is very different from the subjective litigation in the essencial, standying and judgement validty, but there are few difference, between them in other procedure. That is to say, the essence of popularlitigation is the objective one, common interest one and non-legal one, but the studying of it is recognized without mending from damaged persons, in the trial of it, authorized detection is allowed widely and the conversion of proof responsiblity and reduction is recognized, finally, the world validity of the judgement is recognized not only in the protest litigation, but also in two party litigation.

組稅逋脫犯에 관한 硏究

趙淵泓 湖南大學校 1985 호남대학교 학술논문집 Vol.5 No.-

The contemporary states are welfare ones. According to the escalation of states functions, the importance of taxation is increasing more and more. Especially, As our country needs enormous development expenses for the national defense and the creation of advanced country, it's tax-revenue has still more important meanings. Although the increase of the nation's tax-revenue is required, the increase in tax-burden for it's own sake, for example, the new formation of tax-l tems and the burdens of the people. Therefore, through the perfection of the puntive law of the illegal evader of taxation which is caused by the imperfection of tax law, and the corruption of the tax-justice, the rationalization of the tax-administation, the fairness of tax-burdens and tax-justice should be materialized. As the current punitive law of tax evader contains not only the tolerance but also the severity which brings about the irrationality in the crimminal law theories, it is difficult to achieve the aims of tax-administation and crimminal policy. In this study, through the general research of the illegal evation of taxation, I will present it's concrete problems it's rectification-proposals.

돼지에서 창상치유에 대한 키토산의 영향

변홍섭,김명진,이재연,조성환,박창식,김명철 충남대학교 형질전환복제돼지연구센터 2007 논문집 Vol. No.10

The objective of this study was to investigate the effects of implanted chitosan applied to surgically created wound in pigs. Six healthy 2∼3 months old Landrace and Yorkshire mixed breeds of both genders were used. A 2 cm straight skin incision was made and undermined skin (2×2cm) over on the each pig's both sides of dorsal midline at 0, 7. 14 and 18 days. One wound (left side) was implanted 0.4 mg of cotton type chitosan and other wound was treated saline (3ml). Each wound was closed with two interrupted suture of 2-0 sutures. The wounds created at 18. 14.7 and 0 days were named post-wounding day (PWD) 3, 7, 14 and 21, respectively. At 21 days after initial wounding, each wound was taken for histological observations. Reepithelialization tended to be greater in the chitosan group than in the control group at PWD 3 and 14. Granulation tissue formation did not show especial differences in two groups. Number of inflammatory cells was lesser statistically in level in the chitosan group than those in the control group at 21 days after wounding (p<0.05). Fibroblasts and neovasculature tended to be greater in the chitosan group than in the control group at PWD 3 and 7, and tended to be lesser in the chitosan group than in the control group at PWD 14 and 21. Collagen and fibrin were observed to be evenly distributed around the wound in the chitosan group. But collagen and fibrin were observed to be converged along the wound in the control group.

Brine Shrimp Bioassay를 이용한 해양생물의 세포독성검색

손병화,조용진,이대령,노연숙,이선미,최홍대 동의대학교 기초과학연구소 1994 基礎科學硏究論文集 Vol.4 No.1

As a part of chemical study on the bioactive metabolites from marine organisms, we have investigated cytotoxicity using brine shrimp bioassay for each solvent fractions of the marine algae(12 species), marine sponges(3 species), coelenterates(2 species), echinoderms(4 species), marine molluscs(17 species), and ascidians(2 species), respectively. As the results, chloroform extract of Stichopus japonicus (LC_50 : 274 ㎍/ml), ethyl acetate extract of Anthocidaris crassispina(LC_50 : 121 ㎍/ml), n-butanol extract of Undaria pinnatifida (LC_50 : 178 ㎍/ml), and water extract of Thais clavigera (LC_50 : 61 ㎍/ml), displayed the most significant cytotoxic activity against brine shrimp. Among the marine organisms tested, echinoderms and marine molluscs were thought to be the most active Phylums on screening of new bioactive compounds.

목련과 수종과 부위에 따른 견직물의 천연염색변이

박재인,연방희,최태호,이은경,임선희,김홍은,조남석,김태동 忠北大學校 農業科學硏究所 2003 農業科學硏究 Vol.20 No.-

In order to establish a dyeing method with Magnoliaceae tree species dyeing was examined with 4 different parts, leaf, stem bark, root, flower of 4 Magnohaceae species, Magnolia kobus Dc., Magnolia denudata Desr, Magnolia obovata Thunb, Liriodendron tulipifera L Mordants used were chemicals, AIK(SO_4)_2 24H_2O, Ca(OH)_2, FeSO_4 7H_2O. All four species showed similar coloring among four different parts. Leaves and petals showed dark yellow, stem bark, grayish yellow, root bark, dark red or yellow. Al mordant made more brighter colour than Fe mordant. Stem bark showed less difference in color by mordants, whereas petals did the biggest.

통합심리치료의 인지분화훈련이 정신분열병 환자의 기초 인지기능에 미치는 영향

이희상,현명호,조현상,이연희,김태용,장순아,노규식,정기립,이만홍,유계준 大韓神經精神醫學會 1998 신경정신의학 Vol.37 No.5

연구목적 : 정신분열별 환자들을 대상으로 통합심리치료의 소프로그램인 인지분화훈련을 실시하여 실행기능, 개념형성능력, 언어능력 및 추론력에 대한 훈련이 보다 더 하위단계의 인지기능인 주의력, 기억력, 반응시간 등을 호전시킬 수 있는 지를 알아보고자 하였다. 연구방법 : DSM-IV상 정신분열병으로 진단된 24명의 입원환자를 무작위로 양분하여 한 군은 인지분화훈련군으로 다른 한 군은 대조군으로 나누었다. 훈련군은 4주동안 1주일에 3회(매회 60분간)로 총 12회의 통합심리치료의 인지분화훈련을 받았으며 대조군은 동일한 시간동안 정신건강교육을 받았다. 훈련전후에 훈련군과 대조군을 대상으로 개정판 Wechsler 기억검사로 주의집중력, 장·단기 기억력을 측정하였고 Vienna test system중 결정반응시간검사로 반응시간, 반응결정시간, 반응운동시간을 평가하였다. 연구결과 : 1) 주의집중력에서는 훈련군과 대조군사이에 집단간 효과, 집단내 효과 및 상호작용 효과가 없었다. 2) 단기기억력에서는 훈련군과 대조군사이에 집단내 효과는 있었으나(F(1,24)=10.46. p〈.05). 집단간 효과, 상호작용 효과는 없었다. 3) 장기기억력에서는 훈련군과 대조군사이에 집단내 효과는 있었으나(F(1,24)=15.09. p〈.05). 집단간 효과, 상호작용 효과는 없었다. 4) 반응시간에서는 상호작용 효과(F(1,24)=5.18, p〈.05)가 있었다. 5) 반응운동시간에서는 집단간 효과, 집단내 효과 및 상호작용 효과가 없었다. 6) 반응결정시간에서는 상호작용 효과(F(1.24)=6.00, p〈.05)가 있었다. 결 론 : 통합심리치료의 인지분화훈련은 정신분열병 환자에서 하위단계의 인지기능 중 반응시간(특히 반응결정시간)을 단축시키는 효과가 있었다. Objectives : The purpose of this study was to investigate the effects of cognitive differentiation training of Integrated Psychological Therapy(a training program of executive function, concept formation, language, and abstraction) on micro-level cognitive function such as attention, memory and reaction time in patients time in patients with schizophrenia. Methods : Twenty-four inpatients diagnosed as schizophrenia using DSM-IV were randomly assigned to 2 groups. The training group went through a total of 12 sessions of cognitive differentiation training for 4 weeks. The control group received psychoeducation program during the same period. Wechsler Memory Scale-Revised and Decision-Reaction Timer of Vienna Test System were administered to all patients, both before and after the training program. Results : 1) In the attention and concentration scores of Wechsler Memory Scale-Revised, between group, within group and interaction effects of training were not significant. 2) In the short-term memory scores of Wechsler Memory Scale-Revised, within group effect of training was significant(F(1,24)=10.46, p〈0.05), but the between group and interaction effects did not reach significance. 3) In the long-term memory scores of Wechsler Memory Scale-Revised, within group effect of training was significant(F(1,24)=15.09, p〈0.05), but the between group and interaction effects did not reach significance. 4) In the reaction time scores of Decision-Reaction Timer, interaction effect of training was significant(F(1,24)=5.18, p〈0.05). 5) In the motor time scores of Decision-Reaction Timer, between group, within group and interaction effects of training were not significant. 6) In the decision time scores of Decision-Reaction Timer, interaction effect of training was significant(F(1,24)=6.00, p〈0.05). Conclusion : Our findings suggest that cognitive differentiation training of Integrated Psycho-logical Therapy is partly effective on improving micro-level cognitive functions such as reaction time(especially, decision time) in patents with schizophrenia.