구체적 액수 산정이 불가능한 손해액 산정방법에 대한 판례 입장과 민사소송법 제202조의2의 활용방안 - 대법원 2004.06.24. 선고 2002다6951, 6968 판결을 중심으로 -

허성일 고려대학교 법학연구원 2022 고려법학 Vol.- No.107

Although the article 202-2 of the Civil Procedure Act was established in 2016 to allow a judge to determine the amount of damage in cases where it is recognized that damage has occurred but it is very difficult to prove the specific amount of damage due to the nature of the case, ‘Korea Supreme Court Decision 2002Da6951 and 6968 sentenced 24 June 2004’(“the Decision”) still has many meanings in terms of Principle of Disposition, Principle of Pleading and Principle of Free Evaluation of Evidence. First of all, although the original judgment of the lower court recognized the compensation for non-economic damages despite the plaintiff's claim for compensation for damages from non-performance of contract obligations, the Supreme Court construed that this lower court’s original judgment recognized, in fact, the compensation for damages from non-performance of contract obligation, not compensation for non- economic damages. However, in the sense that the subject-matter asserted by the parties in lawsuit and the subject-matter recognized by the lower court’s original judgment may be interpreted differently, this Supreme Court’s judgment has a possibility of controversy related to the Principle of Disposition, particularly, regarding the position traditionally has been maintained by the court that the compensation for non-economic damages is an independent subject-matter from the compensation for economic damages among the of subject-matter of lawsuit in the litigation for compensation for damages. In addition, when it comes to that, in this Supreme Court’s judgment, the court determined the amount of damage even though the parties have failed to clearly assert or prove the amount of damage, I believe there is also a possibility of controversy regarding the Principle of Pleading in which the parties have duties clearly assert or prove the amount of damage. Furthermore, the court calculated the amount of damage based on Principle of Free Evaluation of Evidence which is not a proper tool to c calculate the amount of damage. In this paper, by examining the detailed issues of the Decision regarding the Principle of Disposition, Principle of Pleading and Principle of Free Evaluation of Evidence, I tried to suggest that we may need to interpret that, the article 202-2 of the Civil Procedure Act is not merely to alleviate the degree of the judge’s heart condition, but to give the judge a specific discretion in calculating the amount of damage in case it is impossible to calculate the specific amount of compensation for damage.

유용미생물발효를 적용한 고려엉겅퀴의 면역증강효능연구

허성일,김영한,정상미,라문진 한국약용작물학회 2018 한국약용작물학술대회 발표집 Vol.2018 No.10

Background : Cirsium setidens is a perennial wild herb that belongs to the Asteraceae family. It grows in the mountainous region of Gangwon-do in Korea and is also called gondre. The bioconversion technology applied in this study has the same meaning as biosynthesis, biocatalyst, etc., and refers to a technique for producing desired products from precursors using enzymatic functions of microorganisms. Therefore, useful microorganisms having immunological activity were selected and Cirsium setidens fermentation products were prepared by applying bioconversion technology. And fermented product extracts were prepared to consider as a good sources of natural immune enhancement and functional food ingredients. Methods and Results : Lactobacillus fermentum, Lactobacillus plantarum, Saccharomyces cerevisiae, Weissella cibaria, and Lactobacillus plantarum were used as isolates from traditional foods. The fermentation product was set to a condition that the inherent physical properties did not change and did not generate a unique odor during fermentation. Cirsium setidens was fermented at 37℃ for 24 hours. And the fermented material was sterilized at 9 0℃ for 1 hour and then dried at 70℃ and pulverized. The contents of pectolinarin and pectolinarigenin, which are non - glycosides, were analyzed before and after fermentation using HPLC. Also NO production was measured in RAW264.7 cells after extract treatment at various concentrations using Griess reagent kit . The content of pectolinarin was increased in fermented Crisium setidens before fermentation, but the content of pectolinarigenin was increased after fermentation. In addition, the water extract of the fermented material accelerated the NO production compared to the pre - fermented material. Conclusion : As a result, relatively high immunostimulating effect were observed in dried Crisium setidens after fermentation, and it was confirmed that it could be a ingredient material for health functional food.

『現代漢語詞典』의 사전학적 조명

허성도(許成道) 한국사전학회 2005 한국사전학 Vol.- No.5

민들레 추출물의 항산화 활성 및 세포독성 효과

허성일,왕명현 한국생약학회 2008 생약학회지 Vol.39 No.3

This study was investigated antioxidant and anticancer activity of water, methanol extract from upper and root part of Taraxacum mongolicum H. Total phenolic compound contents of methanol and water extracts from upper part were 51.95±0.18 mg/g and 48.16±0.89 mg/g respectively, and total flavonoid compound contents were estimated as 20.57±1.12 mg/ g in methanol extract and 6.55±1.20 mg/g in water extract. EC50 values for DPPH radical scavenging activity of methanol and water extract from upper part were 138.47±3.78 μg/mL and 204.38±5.32 μg/mL, and methanol and water extracts from root part were as 512±8.11 μg/mL in methanol extract and 1315.05±11.98μg/mL in water extract. Reducing power and hydroxyl radical (·OH) scavenging activity estimated that methanol extract of each part were higher than water extracts. The cell viability showed that the methanol extract from upper part had a cytotoxicity in the growth of colon carcinoma cell (44.58%). Both water extract (51.97±11.43%) from upper part and methanol (53.46±19.77%), water (52.79±13.53%) extracts from root part had quite higher cytotoxicity than that of methanol extract (88.25±2.02%) from upper part. Based on the results, It was suggested that the methanol extract of Taraxacum mongolicum H. were potential materials for use as functional food and medicine.

땅빈대 추출물의 항산화 활성 및 세포독성 효과

허성일,호위성,한웅,왕명현 한국생약학회 2008 생약학회지 Vol.39 No.4

The antioxidant activities, anti-inflammatory activity and cytotoxic effects of methanol extract from Euphorbia humifusa were evaluated in this study. Total phenolic compound contents were 68.35±0.16 mg/g and total flavonoid compound contents were estimated as 38.74±1.26 mg/g. EC50 values for DPPH radical scavenging activity of methanol extract was 56.26±0.66 μg/mL and those of positive controls as ascorbic acid, α-tocopherol and BHA were 8.38±0.14 μg/mL, 16.45±0.89 μg/mL and 21.18±1.01 μg/mL respectively. NO scavenging activity increased in depending on concentration of extract. Treatment of RAW 264.7 cells with extract caused inhibition of LPS-induced nitric oxide production. The cell viability showed that the methanol extract had cytotoxicity in the growth of breast cancer cell (66.54±1.91% at 400 μg/mL conc., 43.98±3.35% at 800 μg/mL conc.). Based on the results, It was suggested that the methanol extract of Euphorbia humifusa has a potential candidate for functional cosmetic and medicine.

제주공항의 항공기운항에 따른 기상요소 분석 /

허성일,이채욱 大邱大學校 情報通信硏究所, 2002 情報通信硏究 Vol.1 No.1

전자복사문서의 성질과 증거능력에 대한 고찰

허성일 고려대학교 2006 虎院論集 Vol.14 No.-

There are so many electronic copies as development of copy-technology. But their classification is not clear and there is little or no research about the classification of electronic copy. So this article tries to find out the classification of electronic copy and the capability as an evidence in civil action. First, electronic copy can be treated as a document in civil aciton by the concept-requisites of document. Second, electronic copy can be classified as a duplicate not a original letter and as a private document not an official document in principle. For example if somebody make a copy of an official document by copy-machine, that is not an official document by copywriter's intention. As a result, Electronic copy has no inevitable relation with the original document's classification. Third, electronic copy has a capability as an evidence in civil action in principle. But we have to pay attention abotu the Korean Civil Proceeding Act §355 I that prohibits the parties in a lawsuit submitting without authentication because it has to be interpreted as depriving the evidence-capability of the document withdout authentication in civil aciton. But the examples of judgement says the judge can consider it as an evidence in civil proceedings if the other parties do not take objection against the documents without authentication. And I think the attitude of the examples of judgement is right. So, documents without authentication can be take the qualification as a evidence in civil proceedings.

부위별 개쑥부쟁이(Aster ciliosus Kitamura)의 이화학적 성상 및 항산화 활성

허성일,김영선,사재훈,심태흠,왕명현 한국생약학회 2005 생약학회지 Vol.36 No.3

개쑥부쟁이의 생리활성 기능을 탐색하고 기능성 신물질을 개발하기 위하여 개쑥부쟁이의 부위별 즉, 꽃, 줄기, 뿌리로 나누어 화학성분, UV 흡광도 측정 및 항산화 활성을 조사하였다. 일반성분 분석은 부위별에 따라 다소 차이는 있으나 탄수화물 73~81%, 수분 11~15%, 조회분 4~7%, 조단백 2~6%, 조지방 1~4% 순으로 나타났다. 주요 무기성분은 Ca, K, Na, P로 나타났으며, 꽃에서 K이 가장 많았으며, 줄기와 뿌리에서는 Na이 가장 많은 것으로 나타났다. 주요지방산은 linoleic acid, palmitic acid, oleic acid, linolenic acid 으로 나타났으며, 포화 지방산(27~40%)에 비해 불포화지방산(59~72%)이 높게 나타났다. 구성당은 총 4종이 분리동정되었는데, glucose가 줄기>꽃>뿌리 순으로 보여주었고, xylose, galactose, arabinose순으로 나타났다. 페놀성 화합물의 함량은 280 nm에서 흡광도를 측정 결과 뿌리와 줄기의 chloroform 추출물에서 가장 높았고, 꽃과 뿌리의 ethanol 추출물과 뿌리의 75% ethanol 추출물에서 높게 나타났다. 또한 카로티노이드계 화합물은 꽃의 ethanol 추출물에서, 줄기의 chloroform 추출물에서 높게 나타났다. 항산화효과는 뿌리의 75% ethanol 추출물에서 가장 높았고, 뿌리의 ethanol 추출물과 꽃의 ethanol 추출물이 높은 항산화 효과를 나타내었다.

체육수업 동기전략에 관한 문헌연구: 자기결정이론을 중심으로

허성일,송지현,최원석 계명대학교 스포츠과학연구소 2016 스포츠과학연구 Vol.2 No.1

The purpose of the current study was to analyze and synthesize major issues and implications of previous research studies on self-determination theory in physical education. For data collection purposes, abstracts were coded on a variety of factors including research type, focus, variables measured, participants and research methods used. The results showed that a growing interest and an increasing number of publications in the physical education area that focused on self-determination theory with its emphasis on the relationship between teachers’ basic human needs supportive behavior and students’ increased motivation (i.e., intrinsic motivation). Furthermore, physical education teachers are encouraged not to pressure exercisers into engaging in a specific type of activity and not to use controlling language (i.e., should, must). When individuals feel that their opinions are valued, their feelings are taken into account, and they have the opportunity to make choices and be self-managers, autonomy is enhanced.

‘要’字考

허성도(許成道) 동아인문학회 2011 동아인문학 Vol.19 No.-