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투명성 원칙의 관점에서 바라본 약관의 언어 - B2C 국제거래를 중심으로 -
곽창렬 ( Kwak Chang Ryel ) 한국유통법학회 2018 유통법연구 Vol.5 No.2
This article elaborates in what language the terms and conditions of the B2C-contract between an international trader and a Korean consumer should be drafted. In Korea, the Article 3(1) of the Act on the Regulation of Terms and Conditions stipulates that a trader shall provide the terms and conditions of a contract in Korean. With a careful interpretation of the law, however, the obligation for the language use of the terms and conditions is only applied in the contract concluded between a Korean trader and a Korean consumer in Korea. In terms of international B2C-contracts, the language use for the terms and conditions is not regulated by the Act. This article looks at recent European discussions and finds a way to give a solution to the language use of the terms and conditions, based on the principle of transparency. The EU does not provide a specific standard for the language use of the terms and conditions in a cross-border B2C contract. However, the member states have their own ways to determine the language use and the German and French approaches are worth to be focused. In France, the terms and conditions should always be provided in the consumer's native language regardless of the language used in the negotiation and the conclusion of the contract. However, in Germany, if the B2C international contract is concluded in a language other than the consumer's native language, the terms and conditions may also be provided in that language. This article perceives that the German approach is ideal to solve the issues regarding the language use of the terms and conditions, since it seeks an appropriate balance between traders and consumers. And the German approach could be accepted on the basis of the Article 3(2) stipulating the clear statement of the terms and conditions.
디지털계약에서의 담보책임 - 유럽연합의 디지털지침 및 우리 계약법에 대한 시사점 -
김진우(Kim, Chin-Woo),곽창렬(Kwak, Chang-ryel) 전북대학교 법학연구소 2019 법학연구 Vol.61 No.-
The European Commission proposed the Directive (EU) 2019/770 on 9 December 2015 in the context of the Digital Single Market Strategy for Europe and the directive was adopted on 20 May 2019 after an intensive review for about three and a half years. This newly adopted directive in Europe has a remarkable legislative implication in Korea since it is an unprecedented directive that regulates contracts between traders and consumers for the supply of digital content or a digital service. Unlike the proposal, subjective and objective requirements for conformity are deemed equally in the directive, but this change is not the one that has to be considered in Korean law. What Korean legislators need to pay attention and study further is how the directive stipulates issues regarding updates.
중 대 범위 전층 회전근 개 파열에서 관절경 하 봉합술과 소 절개 봉합술의 비교 - 단기 추시 예비 결과 -
고상훈,조성도,류석우,박문수,곽창렬,우종근,Ko Sang Hun,Cho Sung Do,Lew Sogu,Park Moon-Su,Kwag ChangYul,Woo Jong Ken 대한정형외과스포츠의학회 2004 대한정형외과스포츠의학회지 Vol.3 No.1
Purpose: To compare the results of a miniopen repair with those of complete arthroscopic repair in medium and large sized full thickness rotator cuff tears. Materials and Methods: The thirty four(34) patients with medium and large sized complete rotator cuff tear were observed, Group I (complete arthroscopic repair) were 13 cases and group II (miniopen repair) were 21 cases. The tear sizes are from 1cm to 5cm. The average follow up periods are 24(range;12$\~$36) and 28(range; 12$\~$36) months. Subjective pain was evaluated with VAS (visual analogue scale) in rest state. ADL (Activity of Daily Living) and UCLA scoring system were used to evaluate clinical results. Results: At last follow-up periods, pain and functional scores were improved but they had not been shown statistical significance (p>0.05). In the group I and group II, there are no significant difference in VAS, ADL; UCLA score, satisfaction (p>0.05). Conclusions: In medium and large sized full thickness rotator cuff tears, there are no significant clinical results between the arthroscopic and miniopen group.
동종 경골건을 이용한 전방 십자 인대 재건술 -단기 추시 결과-
우종근,고상훈,류석우,박문수,정광환,곽창렬,이채칠,조성도,Woo, Jong-Ken,Ko, Sang-Hun,Lew, Sog-u,Park, Moon-Soo,Jung, Kwang-Hwan,Gwak, Chang-Youl,Lee, Chae-Chil,Cho, Sung-Do 대한관절경학회 2004 대한관절경학회지 Vol.8 No.2
Purpose: To evaluate the clinical stability and function after arthroscopic anterior cruciate ligament(ACL) reconstruction using fresh-frozen tibialis tendon allograft. Materials and Methods: Of the patients who underwent ACL reconstruction using tibialis tendon allograft from July 2002 to June 2003, thirty-one patients could be evaluated and the mean follow-up period was 19 months. Evaluations included were Lysholm knee score, 2000 International knee Documentation Committee (IKDC) subjective knee score, Lachman test, pivot shift test, KT-1000 arthrometer measurement and 2000 IKDC knee examination. Results: The mean Lysholm score was 88. Twenty-eight patients (90.3%) were good or exellent for the measured parameters. Twenty-seven patients(87.1%) was over 70 in IKDC subjective knee score. Thirty patients (96.8%) had 1+ firm end or negative Lachman test. 27 patients (87.1%) had a negative pivot shift. Thirty patients (96.8%) had less than 5mm difference of maximal manual difference by KT-1000 arthrometer. Twenty -nine patients (93.5%) were nearly normal or normal grade by 2000 IKDC knee examination. Complications were 1 case of failure and 1 case of infection. Conclusion: ACL reconstruction with the double-stranded fresh-frozen tibialis tendon allograft resulted in a reliable and predictable outcome after short-term follow-up.
관절경을 이용한 고 빈도 재발성 전방 견관절 탈구의 재건술
고상훈,유총일,조성도,최창혁,전인호,우종근,곽창렬,윤동진,최승원,Ko, Sang-Hun,You, Chong-Il,Cho, Sung-Do,Choi, Chang-Hyuk,Cheon, In-Ho,Woo, Jong-Keun,Kwag, Chang-Yul,Yun, Dong-Jin,Choe, Seong-Won 대한관절경학회 2005 대한관절경학회지 Vol.9 No.2
Purpose: To evaluate the short-term follow up outcome and the effectiveness of arthroscopic vertical shift of anteroinferior capsulolabral complex, plication of AIGHLC (anterior band of inferior glenohumeral ligament complex) and thermal capulorraphy, posteroinferior suture plication, rotator interval closure as an adjuncts in recurrent instability of megafrequency with night time dislocation. Materials & Methods: From March 1998 to February 2004, we have had 18 shoulders out of 156. All of the cases have been night time dislocation above more one time. The age were average 29.4$(21{\sim}37)$ year old. The average follow up were 21.1 $(12{\sim}45)$months We checked Rowe score and ROM at pre-operation, post-operation 6 months,1 year & last follow up period. Results: Above good results were 16 cases(88.9%). The excellent were 6 cases, good were 10, fair 1, poor 1. Conclusions: In recurrent anterior shoulder dislocation in greater than 50 frequency, arthroscopic stabilization can be an alternative technique for selected patients against open inferior capsular shift. But more long ter n follow up and large materials will be needed in the future study.