경정맥공 신경초종

김태선,정신,강삼석,이정길,김재휴,김수한,이제혁,김태선,정신 대한신경외과학회 1998 Journal of Korean neurosurgical society Vol.27 No.4

불임의 내과적 치료

김태선 대한산부인과학회 1989 대한산부인과학회 학술대회 Vol.63 No.-

미국법상 금지명령 제도 - 불법행위법 개정안에 대한 시사점을 중심으로 -

김태선 한국민사법학회 2012 民事法學 Vol.61 No.-

In recent months, the Civil Law Reformation Committee of the Ministry of Justice drafted the amendment of the Tort Law in Korea. The draft includes a remedy of injunction against torts and its requirements and is stated in the following: The right to prevention exists in so far as compensation would not be an adequate remedy and it is reasonable for the person who would be liable for the causation of the damage to prevent it from occurring. This article, supporting the broad offering injunctive relief to remedy tort, studies the Injunction in American Tort Law and tries to seek its implication for Korea. To be entitled to permanent injunctive relief in American Tort Law, a plaintiff must establish that a future harm is irreparable and that the hardship brought to the defendant by compliance is not disproportionate to the benefit to the plaintiff after compliance. The requirement that harm be irreparable has been softening in many cases, stated in terms of "the relative adequacy of injunction." The relative hardship likely to result to the defendant if an injunction is granted and to the plaintiff if it is denied is one of the factors to be considered in determining the appropriateness of injunction against tort. Restatement (second) of torts points out that by hypothesis, the defendant is the wrongdoer. Care must be taken that the needs of the deserving plaintiff are not too easily overbalanced by the hardship that an injunction would bring upon the defendant. Examining the foregoing statement, the article suggests the following: The inadequacy of damages requirement in the recent draft should not be posed in absolute terms but in comparative terms for ascertaining the relative adequacy of injunction against the damages. It should not be the law that an injunction be refused unless other remedies are inadequate in the sense of being wholly unserviceable or worthless. Injunction should bring more ordinary relief to remedy tort in Korea.

불임의 내과적 치료

김태선 中央醫學社 1989 中央醫學 Vol.54 No.5

젠더평등실현을 위한 민법적 과제

김태선 한국젠더법학회 2017 한국젠더법학회 학술대회 자료집 Vol.2017 No.4

교육부문에서 사회자본에 관한 연구동향과 과제

김태선,김천기 한독교육학회 2007 교육의 이론과 실천 Vol.12 No.1

일반연제 발표 : 체외수정 및 배아의 자궁내이식에 의하여 임신된 4례에 관한 연구

김태선,이상찬,윤만수,최욱환,김원회 대한산부인과학회 1987 대한산부인과학회 학술대회 Vol.59 No.-

위법한 차별의 구제와 금지청구 - 인격권 관련 실무에 대한 몇 가지 측면의 평가를 겸하여 -

김태선 한국민사법학회 2012 民事法學 Vol.58 No.-

In the Supreme Court Case involving the exclusion of women’s enjoyment of equal privileges in a private association, the Supreme Court held that the private association's discriminatory practice may be treated as an illegal assault on human dignity, a tortious invasion violating the civil code. In determining whether a private association may discriminate illegally in denying women full membership, it established the various factors which should be considered for judicial decision. This article points out that while appreciating the judgment's significance as establishing at the very first the rule as to a private association's discriminatory practice, and while valuing that the Korean judicial approach to the cases involving the human dignity focuses on compensating victims of various tortious invasions by extending a human dignity doctrine, the standards suggested by the court in the context of an illegal assault on human dignity were too broad to be the “real"standard. This should be reassessed to reduce potential illegal conducts. Since the standard depends on too many factors, it may be difficult to decide what kind of restriction should be applied in a particular case. This article, meanwhile, argues that the injunctive relief is appropriate to remedy discrimination against an individual. Injunctive relief is an ordinary relief for an assault on human dignity. The civil code offers the injunction for the real right, and the Supreme Court have regarded human dignity as having the nature of the real right. In the above case, the Supreme Court treated the discrimination as an assault on human dignity,providing the judicial tool of granting the injunctive relief in future discrimination cases. This article suggests the following as the criteria for a court to apply on awarding injunctive relief: ① permanent injunction may be awarded when the facts indicate a danger of future discrimination ② preliminary and temporary injunction may be granted under more narrowly tailored requirements, such as irreparable injury if the injunction were denied ③affirmative relief may be refused when it comes at the expense of other persons, like the employees who were previously occupying jobs ④ the court may consider the public interest as a factor. The public interest includes the need to deter the employer from continued systemic discrimination affecting both employees and applicants.

동맥류성 확장을 동반한 경수내 동정맥 기형 : 증례 보고 Case Report

김태선,김수한,강삼석,이제혁,우정현 대한신경외과학회 1992 Journal of Korean neurosurgical society Vol.21 No.7

A 14-year-old girl presenting with sudden onset of headache, neck pain, and quadriparesis was found to have a vascular lesion in the upper cervical cord(C2-C4) by the initial MRI examination. Vertebral angiography revealed a high-flow arteriovenous malformation which opacified rapidly and rained early. It was a direct spinal arteriovenous fistular consisted of a large aneurysmal dilatation 4×2.2×2.2㎤ at the junction of a feeding artery and a draining vein. Superior anterior spinal artery and a mid-cervical radicular artery formed a common trunk to feed the lesion that drained entirely superiorly to the posterior fossa through a dilated draining vein. The intramedullary lesion was removed completely after surgical ligation of the feeding artery and draining vein through a posterior approach and myelotomy. She improved to the point of being able to walk alone and attended school one year after operation with acceptable posterior column signs. Spinal cord arteriovenous malformations are traditionally classified into three major categories : Type Ⅰ, Ⅱ, Ⅲ. Our case seemed to fit to the new type : Type Ⅳ, direct spinal arteriovenous fistula, proposed by Heros(JNS 64: 134-139, 1986).

비영리법인 이사의 선관주의의무

김태선 한국민사법학회 2014 民事法學 Vol.69 No.-

The nonprofit corporation is subject to the Civil Code in Korea. The public interest corporation, the private school, the medical corporation, and the social welfare foundation each is subject to special treatment under each of the related acts and subordinate statutes. Under the Civil Code article 61, nonprofit directors shall execute their duties with such care as is required of good managers. There are no other specific rules regarding the standard as applied to nonprofit directors than the above general duty of card in Civil Code. There are also very few reported cases of breaches of duty of care by nonprofit directors. Although the related acts typically give the supervisory office the authority to assure compliance with law, the only remedy to available to the supervisory office is the revocation of approval of executive’s taking office. Neither Civil Code nor the related acts regulating special nonprofit organization sufficiently deter directors from violating their duty of care. Furthermore, the current system lacks sufficient enforcement mechanism to discourage directors from breaching their duty of care. This article, pointing the limitations of the current system, proposes the following to improve it : (1) determining the appropriate duty of care standard and creating the guidelines for fiduciary behavior, (2) recognizing the effective means by which to enforce the duty of care, e.g. derivative suits and imposing fine or tax on directors who violate their fiduciary duty.