판례에 의한 민사의 형사화의 개선방안 ― 차용금 사기죄를 중심으로 ―

오영근 ( Oh¸ Young Keun ) 한양대학교 법학연구소 2020 법학논총 Vol.37 No.4

입법에 의한 과잉범죄화와 과잉형벌화가 심각한 문제로 인식되고 있지만, 판례에 의한 과잉범죄화와 과잉형벌화는 더 심각한 문제라고 할 수 있다. 판례에 의한 과잉범죄화 및 과잉형벌화의 예로 ‘민사의 형사화 현상’을 들 수 있고, ‘민사의 형사화’의 대표적인 예로 법원이 금전대차에서 차용금사기죄를 너무 넓게 인정하는 것을 들 수 있다. 차용금을 변제하지 못한 경우 채무자에게 너무 쉽게 사기죄의 기망행위와 고의를 인정하는 것이다. 신용카드의 사용도 일종의 금전대차라고 할 수 있으므로 자기명의 신용카드를 사용한 후 대금변제를 하지 못한 경우 너무 쉽게 사기죄를 인정하는 것도 같은 문제에 속한다. 이 글에서는 민사의 형사화 현상을 야기해온 차용금사기죄에 대한 판례들을 분석하고, 우리의 판례들이 차용금 사기죄에서의 기망행위와 고의를 너무 넓게 인정한다는 것을 지적하였다. 그리고 개선방안으로서 사기죄는 재산범죄이므로 금전대차에서 거래의 신의칙에 반하는 기망행위란 변제의사 또는 변제능력에 관한 기망행위로 국한하고, 기망행위와 기망의 고의를 인정함에 있어 이자율과 같은 대출의 조건들도 함께 고려해야 한다는 점을 제시하였다. The over-criminalization and the over-penalization by the legislation have continually critisized as serious problems for the several decades in Korea. But the over-criminalization and over-penalization by case law are, I think, more serious problems than by the legislation. Examples of the excessive criminalization and the excessive penalization based on the precedents include ‘the criminalization of civil affairs’, and a typical example of ‘the criminalization of civil affairs' is that the court recognizes borrowing fraud guilt too broadly and too easily in a financial loan. In case that the borrowed money is not repaid, the korean courts have too easily pled the debtor guilty of the fraud. The use of a credit card also belongs to a kind of monetary loan. Therefore in the case that the credit card user fails to pay the bill, there is also the same problem. This article analyzes the precedents of Korean Supreme Court for borrowing fraud that have caused ‘the criminalization of the civil affair’ and pointed out that our precedents too broadly acknowledge the deception and intentions of borrowing fraud. On the basis of these analyzations, as an improvement measures are suggested as follows. As a fraud crime is a property crime, so the deceptive acts are limited when the debtor is lack of a reimbursement will or a reimbursement ability. Further, the terms of the loan, such as interest rates, must also be considered in acknowledging the deliberate acts and the intentions of deception.

Effect of lower extremity resistance exercise on gait performance in a patient with systemic lupus erythematosus with cerebral infarction and lower extremity vasculitis: a case studyYongseop Oha, Youngkeun Woob

( Yongseop Oh ),( Youngkeun Woo ) 물리치료재활과학회 2016 Physical therapy rehabilitation science Vol.5 No.2

Objective: This study was conducted to investigate the effects of resistant exercise on the gait performance of a patient with systemic lupus erythematosus (SLE) patient. Design: A case study. Methods: A 30-year-old male adult who had been diagnosed with systemic lupus erythmatosus (SLE) in April 2013, right middle cerebral artery infarction, and with left hemiplegia agreed to participate in this case study. Patient was unable to walk due to being affected with adynamia. Due to developing necrotizing vasculitis on the left lower extremity, patient underwent a myotomy on the left thigh. The patient was trained with a progressive resistant exercise program for 8 weeks. An intensity of 15 RM was used for the resistant exercises and the resistance level was increased progressively in order to improve the muscle power of the patient. Methods used to increase resistance included changing positions, providing mechanical resistance instead of manual resistance, transitioning from open kinetic chain to closed kinetic chain exercises, and changing the colors of the theraband to those with increase level of resistance. Outcome measures included the 5-repetition sit-to- stand test (5RSST), Timed Up & Go (TUG), and 10-meter walk test (10MWT). In addition, the GAITRite was used to assess the spatio-temporal gait variables, including gait speed, cadence, stride length of the left side, and double limb support pre and post-intervention. Results: The patient was able to perform sit-to- stand after two weeks of performing the resistant exercises. The patient was able to walk after 4 weeks, and the patient`s overall gait performance had improved after 8 weeks. All of the variables had improved after each week. Conclusions: The results of this case study may be used to enhance future efforts to objectively evaluate resistant exercises during gait performance in persons affected by SLE.

Effects of Fouling Reduction by Intermittent Aeration in Membrane Bioreactors

Youngkeun Choi,Hyun-Chul Kim,Soohong Noh 한국막학회 2015 멤브레인 Vol.25 No.3

30 LMH의 정유량 플럭스로 운전하는 MBR에서, 휴지 및 역세정에 따른 한외여과 분리막의 오염을 조사하였다. 또한, 연속적인 공기세정과 비교하여 분리막 여과저항을 최소화하기 위한 간헐적인 공기세정을 평가하였다. 여과 조건은 14.5분 여과와 0.5분의 휴지를 유지하였으며, 역세정 시간은 휴지 시간과 동일하게 운전하였다. 공기세정이 정지하는 동안에 분리막 표면의 겔층 위에 케잌이 빠르게 축척되었으며, 역세정으로 겔층과 케잌층의 복합층은 쉽게 제거되었다. 역세정 후에 공기세정이 정지하는 동안 분리막 표면에 케잌이 형성되어 공경 내부의 오염현상을 억제하였다. Pearson 상관성을 조사한 결과, 간헐적인 공기세정에서 공기 세정이 정지하는 시간과 분리막의 오염은 매우 연관성이 높다는 것을 알았다. 즉, 간헐적인 세정에서 공기세정이 정지하는 시간이 갈수록 오염억제에 효과적이었다. The effects of relaxation and backwashing on fouling in ultrafiltration were investigated using full-scale membrane bioreactors (MBRs) which operated at a constant flux of 30 LMH. This paper also estimated the feasibility of using intermittent aeration strategies for minimizing the hydraulic resistance to filtration in comparison with the continuous aeration for running MBRs. Multiple cycles of filtration (14.5 min each) and relaxation (0.5 min each) were repeated. Similarly, a backwash was conducted by replacing a relaxation after each filtration cycle for the comparative performance test. The attached cake thickness on the membrane rapidly increased, caused by subsequent no aeration leading to easier combining with gel layer and the formation of heterogeneous layer on the membrane surface. During periodic backwashing, it is expected that gel and thin cake layer might sufficiently be removed by heterogeneous layer. After periodic backwashing, subsequent cake layer formation during time of no aeration was rapid than frequent no aeration, acting as a prefilter and preventing further irreversible fouling. Based on the Pearson correlation analysis, overall period fouling (dTMP/min) and average of all cycles (dTMP/min) were strongly correlated with the on-off period of aeration for operating MBRs.

Liquid Velocity and Local Fouling in Coagulation-submerged Microfiltration Module for Drinking Water Treatment

Youngkeun Choi,Hyun-Chul Kim,Soohong Noh 한국막학회 2015 멤브레인 Vol.25 No.3

침지식 분리막 모듈에서 공기강도에 따른 분리막 위치에 대한 오염을 조사하였다. 분리막의 충진밀도가 낮은 곳에서 높은 유체 유속을 나타내었으며, 유체 속도는 기-액 주입률에 비례하였다. 전단응력은 기-액 주입률 및 유체 유속에 비례하였다. 비가역오염(Rir)은 흡입 압력이 가까운 부분에서 가장 높게 나타났다(position 1). 비가역오염에 대한 저항과 분리막 고유 저항의 비(Rir/Rm) 및 비가역오염에 대한 저항과 가역오염의 저항의 비(Rir/Rr)도 position 1에서 가장 높게 조사되었다. 비가역오염(Rir)은 흡입 압력이 높은 곳인 position 1에 오염물질이 축적되어진 결과이다. 분리막 위치에 따른 오염현상은 모듈 디자인 최적화에 중요한 인자임을 알았다. Effects of aeration intensity on local fouling were investigated in submerged membrane modules. Higher liquid velocities were observed at the section with the lower fiber packing density. The liquid velocity is increased with increasing the gas-liquid injection factor. The high shear stress coincided with the high liquid velocity. The shear stress increases with the increasing of gas-liquid injection factor and the liquid velocity improves with the increasing of gas-liquid injection factor. Irreversible fouling resistance (Rir) of the fiber position is significant in a local region of high suction pressure near the suction point of the fiber (position 1). The ratio of Rir/Rm and Rir/Rr of position 1 was highest compared to the position 2 and 3. Irreversible fouling resistances results confirmed the preferential deposition of foulants near the suction part of the fiber where the local suction pressure is the highest and correspondingly, more particles are accumulated to the membrane surface. The effects of local fouling along the fiber length are significant factors to optimize the design of submerged modules.

An organizational institutionalization model of software product line engineering

Youngkeun Choi,Heejoong Hwang 한국유통과학회 2013 KODISA ICBE (International Conference on Business Vol.2013 No.-

A software product line is a growing software engineering discipline to achieve extraordinary gains in the development performance. The whole institutionalization of new development methodology involves organizational culture and a superior’s leadership to motivate employees’ to acquire knowledge, skills, and motivations to effectively initiate, launch, and manage SPLs. This is the first study to show organizational culture or leadership type and clearly identify how this organizational culture or leadership type influences software product line performance through organizational commitment. The propositions that this study presents provide conceptual insights for managers who seek to organizational culture or leadership type which increases software product line performance.

Seasonal Patterns of Gene Expressions Related to Cold Hardiness in Peach

YoungKeun Jun,GiHoon Kim,HyeYoung Shin,Cheol Choi 한국원예학회 2014 한국원예학회 학술발표요지 Vol.2014 No.10

What increases employees’ security compliance intentions?

Youngkeun Choi,Heejoong Hwang 한국유통과학회 2013 KODISA ICBE (International Conference on Business Vol.2013 No.-

This research project investigates the antecedents of organizational commitment related to information privacy policy compliance by individuals. The results of this survey of 257 bank employees indicate that certain variables of management within organizations (referred to as POS and LMX) contribute to a social exchange process. This process is distinct from the formal compliance training procedures and is shown to influence employee perceptions of social exchange to engage in compliance activities, which contributes to behavioral intention to comply with information privacy policies. Implications for managers and researchers are discussed.

What are the differences between workaholism and work engagement in IT-enabling and highly-competing era?

Youngkeun Choi,Heejoong Hwang 한국유통과학회 2013 KODISA ICBE (International Conference on Business Vol.2013 No.-

Workaholism and work engagement both imply high involvement with work, a similarity that has led to some conceptual confusion. Although workaholism differs in important ways from work engagement, few studies investigate that distinction. This study applies the job demands-resources (JD-R) model of work engagement to workaholism and proposes an integrative workaholism model to demonstrate the conceptual and theoretical dissimilarity between workaholism and work engagement. It first demonstrates that job demands are positively related to workaholism. Second, job resources moderate the relationship between job demands and workaholism. Third, personal resources/ psychological capital moderate the relationship between job demands and workaholism. Finally, workaholism is negatively related to job performance.

Effectiveness and Safety of Zotarolimus-Eluting Stent (Resolute™ Integrity) in Patients with Diffuse Long Coronary Artery Disease

Youngkeun Ahn,Keun-Ho Park,Young-Youp Koh,Young-Jae Ki,Sung Soo Kim,Hyun Kuk Kim,Dong-Hyun Choi,Young Joon Hong,Jin-Yong Hwang,Do Hoi Kim,Jay-Young Rhew,Jae Kean Ryu,Jong-Seon Park,Tae Ho Park,Tae-Hyu 대한심장학회 2019 Korean Circulation Journal Vol.49 No.8

Background and Objectives: Diffuse long coronary artery disease (DLCAD) still has unfavorable clinical outcomes after successful percutaneous coronary intervention (PCI). Therefore, we aimed to evaluate the effectiveness and safety of Resolute™ zotarolimus-eluting stent (R-ZES; Resolute™ Integrity) for patients with DLCAD. Methods: From December 2011 to December 2014, 1,011 patients who underwent PCI using R-ZES for CAD with longer than 25 mm lesion were prospectively enrolled from 21 hospitals in Korea. We assessed the clinical outcome of major adverse cardiac events (MACE) defined as the composite of cardiac death, non-fatal myocardial infarction (MI), and clinically-driven target vessel revascularization at 12 months. Results: Mean age was 63.8±10.8 years, 701 (69.3%) patients were male, 572 (87.0%) patients had hypertension, 339 (33.8%) patients had diabetes, 549 (54.3%) patients diagnosed with acute MI and 545 (53.9%) patients had multi-vessel disease (MVD). A total of 1,697 stents were implanted into a total of 1,472 lesions. The mean diameter was 3.07±0.38 mm and the length was 28.27±6.97 mm. Multiple overlapping stents were performed in 205 (13.8%) lesions. A 12-month clinical follow-up was available in 1,004 patients (99.3%). The incidences of MACE and definite stent thrombosis at 12-month were 3.0% and 0.3% respectively. On multivariate Cox-regression analysis, multiple overlapping stents implantation, previous congestive heart failure, MVD, and age ≥75 years were independent predictors of one-year MACE. Conclusions: Our study shows that R-ZES has an excellent 1-year clinical outcome in Korean patients with DLCAD.

Study on Working System of Onion Cultivation and Adaptation Test of the Mechanization for Whole Process - Field preparation from to transplanting -

( Youngkeun Kim ),( Ilsu Choi ),( Yong Choi ),( Taegyoung Kang ),( Sanghee Lee ),( Jingu Kim ),( Hyeonjong Jun ),( Seounghwa Yu ),( Changsik Hyun ),( Youngseok Keon ) 한국농업기계학회 2018 한국농업기계학회 학술발표논문집 Vol.23 No.1

Currently, the mechanization rate of onion cultivation is 60.2%, except for that plowing and harrowing, vinyl mulching and pest control work is still dependent on manpower. In this study, we investigated working system for mechanization of onion cultivation and carried out field adaptation test. Field adaptation test of the mechanization for whole process in onion production was carried out farmer's field of Changnyeong-gun, Gyeongsangnam-do. The mechanization group was introduced into agricultural machinery, and practice group was introduced into active spreading agricultural machinery in addition to manpower. The mechanization working process was composed of field preparation(basal fertilization spraying, plowing and harrowing) - ridge making+ herbicide spraying + vinyl mulching - transplanting. Except for that other works consisted of conditions like practice. In the practice group field preparation work was introduced to fertilizing broadcastor and rotavator. The herbicide spraying work was introduced to power sprayer. For ridge making and vinyl mulching work, ridging mulcher was introduced, and transplanting work put on manpower. In the mechanization group field preparation work was put in the same way as in the practice group, and ridge making + herbicide spraying + vinyl mulching work, three workable ridging mulcher was introduced at the same time. Transplanting work was put on the onion transplanter. Upon investigation of work time in practice group it was analyzed that field preparation work is 1.4 hours/10a, herbicide spraying work is 1.1 hours/10a, ridge making and vinyl mulching work are 0.6 hours/10a, transplanting work is 32.0 hours/10a. In case of mechanization group it was analyzed that field preparation work is 1.4 hours/10a, ridge making+ herbicide spraying +vinyl mulching work are 0.6 hours/10a, transplanting work is 2.0 hours/10a. The work time of mechanization group was 4.0 hours/10a that were reduced by 88.6% compared with 35.1 hours/10a in the practice group.