원치 않은 출산소송에 관한 판례평석 -대법원 2002. 6. 25 선고 2001다66321 판결을 중심으로-

박철호 한양법학회 2012 漢陽法學 Vol.23 No.1

Wrongful birth describes a cause of action or claim by parents of a deformed or defective child who allege that negligent advice as to the risk of genetic or birth defects or negligent treatment, or failure to abort a fetus, by the doctor deprived them of the choice of avoiding the child’s conception or of terminating the pregnancy. In these cases, parents of child with disability allege that because the defendant doctor breached the duty owed to the patient, they were denied the opportunity to make an informed decision. This claim lies on the basis that had it not been for the doctor’s negligence, the imperfect child would not have been born. In traditional medical malpractice lawsuits doctor’s negligence is the direct cause in the child’s disability, but in wrongful birth cases his/her negligence are the indirect causes of child birth. After this new type of lawsuit like wrongful birth action had been litigated in the United States in the 1930s many courts in Germany, France, UK including the United States have been recognized to recover to the parents for birth of child with disability. In contrast, in Korea, wrongful birth actions have been brought by parents alleging that the physician’s negligence of their child caused the injury in 1990s in many lower court and since that time these have been big issues legally and socially. While some lower courts have recognized in this new type cause of action, others have rejected it based on the difficulty in determining damages. On the other hand the Supreme Court of Korea has generally indicated negative attitude to the cause of wrongful birth action. However, Korean Supreme Court, for the first time as the highest Court, had decided to recover to parents of children with disabilities for the mental damages excepting for property damages in 2002. After this 2002 Supreme Court decision because there are only one judgment in Seoul Western District Court it can not be said that many wrongful birth actions will be brought sooner or later. But in a long-term perspective it can be said that this new type actions will be gradually increasing in Korea. It was apparent that Korean Courts still had a negative view to the cause of wrongful birth action. But because the Supreme Court’s 2002 decision agreeing to allow the parents of disabled child to recover damages for the mental anguish was said rather progressive, it may seems to be a positive outlook on this issue. Meanwhile many courts of Korea have determined whether it can allow the parents of disabled child to recover damages, basing on Article 14 of Maternal and Child Health Act, allowance standard of abortion. When the abortion of the disabled fetus only can be allowed depending on Article 14 of Maternal and Child Health Act, Courts allowed damages to the parents of children with disabilities. But this Article 14 has been designed to allow abortion because of the health of the parents and this is just standard to judge whether the maintenance of pregnancy is harmful to the health of the mother of fetus. Therefore, it is unreasonable that it should be decided to recover the damages to the parents in wrongful birth action whether or not to admit by the Article 14 of Maternal and Child Health Act. Thus, the court should change their views. So it should be decided to recover the damages to the parents in wrongful birth action because of the doctor’s negligence, the duty violation doctor’s explanation and the health of the fetus itself. In this paper, it was reviewed the Supreme Court’s 2002 decision, investigated about whether or not to admit demage recover in this type of action, and examined the compensation range.

효윤리체계에 의한 효도법 제정 고찰

박철호 한국효학회 2003 학술회의 Vol.2003 No.1

“고령사회 대비를 위한 효행법 연구”

박철호 한국효학회 2005 학술회의 Vol.2005 No.1

효행법(안)의 효문화창달 해설

박철호 한국효학회 2004 학술회의 Vol.2004 No.1

중수소 기반 전자소재산업 연구 동향

박철호,조성배,최동훈,Park, Cheol-Ho,Jo, Seong-Bae,Choe, Dong-Hun 한국정보디스플레이학회 2020 인포메이션 디스플레이 Vol.21 No.6

말하기훈련을 통한 창조적사유능력배양

박철호 길림성민족사무위원회 2002 중국조선어문 Vol.121 No.-

압력지연삼투용 박막복합 중공사막 개발

박철호 한국막학회 2017 한국막학회 총회 및 학술발표회 Vol.2017 No.05

A salinity gradient power (SGP) system holds a great potential to generate continuous and clean electricity for 24 hours. Recently, incorporating with seawater reverse osmosis, SGP has been recognized as a alternative to solve the brine issue as well as energy saving. For commercialization, many scientists would sympathize that one of main hurdles is the limited performance of each membrane to extract the high power. In case of pressure retarded osmosis (PRO) closer to commercialization, the membrane must have the high water permeability and salt rejection. There are two type of modules; hollow fiber membranes and spiral type. Toray Chem. (Korea) already shows that 4th generation PRO module, but there is no still large size PRO hollow fiber modules. Therefore, this study presents 2 and 3 inch size of PRO hollow fiber membrane prepared by inside interfacial polymerization techniques.

젖소에서 투여에 의한 발정 유도 후 수태율과 다른 인자와의 관계

박철호,임원호,서국현,오기석,손창호 韓國受精卵移植學會 2010 한국동물생명공학회지 Vol.25 No.3

The purpose of this study was to determine the relationship between conception rate and other parameters (body condition score; BCS, progesterone concentrations and follicle size) before estrus induction with . The conception rate in cows with (2.75, 2.75 to 3.25 and 3.25), BCS regardless of AI (artificial insemination) time was 47.5, 67.5% and 48.5% at injection, respectively. The conception rate regardless of BCS was 59.0% in cows inseminated based on detected estrus, and 46.2% in cows inseminated at 72 to 80 hours (timed artificial insemination, TAI) after injection. The conception rate regardless of AI time was 43.0% in cows with low progesterone concentrations (less than 1.0 ng/ml), and 67.5% in cows with high progesterone concentrations (more than 1.0 ng/ml) at injection. The conception rate regardless of progesterone concentrations was 59.9% in cows inseminated based on detected estrus, and 48.1% in cows of TAI after injection. The conception rate regardless of AI time was 36.0% in cows with small dominant follicles (less than 5 mm), 56.0% in cows between 5 mm to 10 mm of follicle size, and 65.5% in cows with large dominant follicles (more than 10 mm) at injection, respectively. The conception rate regardless of follicle size was 57.3% in cows inseminated based on detected estrus, and 47.6% in cows of TAI after injection. These results indicated that if the cows with BCS 2.75 to 3.25, active corpus luteum, and/or large dominant follicle (more than 10 mm) are used for estrus induction, the conception rate will be greater.

한우에서 $PGF_{2{\alpha}}$ 투여에 의한 발정유도 후 난소 구조물 및 호르몬의 변화와 수태율

박철호,류재선,유대중,박인철,김종택,서국현,오기석,손창호,Park, Chul-Ho,Ryu, Jae-Sun,Yu, Dae-Jung,Park, In-Chul,Kim, Jong-Taek,Suh, Guk-Hyun,Oh, Ki-Seok,Son, Chang-Ho 한국수정란이식학회 2012 한국동물생명공학회지 Vol.27 No.3

This study was carried out to develop the useful inducing method of estrus for Korean native cows. Under the condition of estrus induction by administering $PGF_{2{\alpha}}$ for the cows in which corpus luteum (CL) in ovaries was detected by ultrasonography, ovarian responses and the changes of progesterone ($P_4$) concentration against $PGF_{2{\alpha}}$ compared with conception rate were observed in cows and heifers. In inducing estrus administering $PGF_{2{\alpha}}$. to the cows which has corpus luteum in ovaries, ovarian reponses, the changes of progesterone concentration, and conception rate were identified and compared. The results attained from the studies were as follows. Significant decreases of CL in size over time after $PGF_{2{\alpha}}$ administration were detected in both cow and heifer groups (p<0.001), but not different between groups in the CL regression rate (p>0.05). In addition, the percentage changes relative to the plasma $P_4$ concentration on day 1 after $PGF_{2{\alpha}}$ treatment were decreased to below 1ng/ml. The growth rate of follicle was observed as 31% on day 1 and 42% on day 2 in cows, and 34% on day 1 and 97% on day 2 in heifers, resulting that growth of heifers are faster than that of cows (p<0.05). The conception rate after $PGF_{2{\alpha}}$ treatment were 60.5% and 64.2% in cows and heifers, respectively. It also indicated that the conception rate after estrus observation with $PGF_{2{\alpha}}$ injection was as high as 66.6% while that with timed-artificial insemination (TAI) regardless of the estrus observation was 56%, which means the pregnancy rate of artificial insemination after estrus observation was higher than that of TAI (p<0.05). In the result of all above, there were significant decreases in CL size and the plasma $P_4$ concentration by days but rapid growth in follicles, which has no differences in cows and heifers. The conception rate was commonly high after estrus observation and more than 50% under TAI.

폴리아마이드계 박막복합막 제조 공정에서 계면중합의 유기용액 퍼짐 속도에 따른 표면 모폴로지의 변화

박철호 한국막학회 2017 멤브레인 Vol.27 No.6

The interfacial polymerization method has been applied to various fields as a reaction in which reactive monomers dissolved in two immiscible solutions cause polymerization at the interface. In the case of water treatment membranes, m-phenylene diamine and trimesoyl chloride are used as reactants. The performance of the membrane is affected by various polymerization factors. In this study, we investigated how the spreading rate of the organic solution influences the surface and structure of the membrane. Spreading rate of organic solutions was adjusted to 7.6 and 25 mm/sec. The solution volume of the organic phase was adjusted to 1~3 drops. The observed results showed that cracks were not found in the polyamide membrane when dropping at a drop of 7.6 mm/sec and dropping two drops at 25 mm/sec. On the other hand, cracks occurred in all cases. Therefore, the spreading rate of the initial organic solvent is expected to greatly affect the performance of the polyamide membrane. 계면중합법은 혼합되지 않은 두 용액에 용해되어 있는 반응성 단량체들이 계면에서 중합되는 기술로 다양한 분야에 응용되고 있다. 이 중, 수처리 분리막의 경우 m-phenylene diamine과 Trimesoyl chloride를 반응물로 사용하고 있다. 분리 막의 성능은 다양한 중합 성능에 의해 영향을 받고 있으며, 본 연구에서는 유기 용액의 퍼짐 속도가 어떻게 분리막 표면 및구조에 영향을 주는지를 주사전자현미경을 통해 고찰하였다. 퍼짐 속도는 7.6과 25 mm/sec로 조절하였으며, 유기상 용액은 1~3방울까지 조절하였다. 관찰된 결과는 퍼짐 속도가 7.6 mm/sec에서는 한 방울 떨어트릴 경우, 25 mm/sec에서는 두 방울 떨어트릴 경우 폴리아마이드 막에 균열을 발견할 수 없었다. 반면 나머지 경우에 모두 균열이 발생하였다. 따라서, 초기 유기 용액의 퍼짐 속도는 폴리아마이드 분리막의 성능에 영향을 줄 것으로 관찰되었다.