의료정보의 제공에 관한 연구

김상찬 한국법학회 2003 법학연구 Vol.0 No.12

In the matter of medical care, the medical records that are made out by the medical professionals occupy a very important place in this profession as they are absolutely necessary. Furthermore, along with the patient's right of self-determination, more emphasis is put on the informed consent principle whereby there is mutual corporation between the medical professional and the patient to overcome the disease together. The Medical Treatment Law in Korea has certain regulations regarding the duty to issue medical records. However, the actual reality is that these rights are not being properly carried out with the present regulations. The reason for this is because foremostly, with the exception of a few, the preparation and the maintenance of the medical records are not appropriately carried out. Not only that, various reasons like the protection of individual privacy or the medical institutions' personal reasons, it is almost realistically impossible to approach the patients' medical records.

발간사

김상찬 한국법학회 2011 법학연구 Vol.42 No.-

미국법상(美國法上) 대체적분쟁해결(代替的紛爭解決)과 화해촉진제도(和解促進制度)

김상찬 제주대학교 법과정책연구소 2001 法과 政策 Vol.- No.7

싱가포르 국제중재제도에 관한 연구

김상찬,김유정 한국중재학회 2014 중재연구 Vol.24 No.2

These days, in line with the increase of opportunities in our country's firms to do transaction, large-scale M&A and investment with foreign firms incorporating arbitration clauses in the contracts have become general practice. Recently, Singapore has come to the fore as a place of arbitration and, particularly, Singapore International Arbitration Center (SIAC) was assessed as the favored international arbitration institution uniquely in Asia at the 2010 International Arbitration Survey: Choices in International Arbitration, along with the ICC, LCIA, and AAA/ICDR. Therefore, the country's firms need to understand properly the international arbitration procedure of Singapore. This study examines the international arbitration system of Singapore, focusing on the arbitration procedure of the SIAC. The Center revised arbitration rules twice in 2010 and 2013, and established the Court of Arbitration of SIAC in April 2013 for the first time in Asia in pursuit of stricter neutrality and promptness. It further seeks to run the arbitration procedure fairly by selecting a third country’s people as an arbitrator, while its arbitration expenses are cheaper than those of the ICC. The study believes that for the country's international arbitration institutions such as the KCAB to jump forward as a world-class international arbitration institution, the Korean government should render positive support to them, learning from Singapore which does not spare any political and financial assistance to cultivate international arbitration institutions. On the other hand, KCAB should also try hard to improve in the aspects of neutrality, fairness, and promptness and to be selected as a trustworthy international arbitration institution by firms in Asian countries. 오늘날 우리나라의 기업들이 외국기업과의 거래나 대규모의 M&A, 투자를 할 기회가 점차 증가하고 있고, 이러한 과정에서 계약서에 중재조항을 포함시키는 것은 일반적인 관행으로 되고 있으며, 최근 싱가포르는 최근 중재지로서 크게 부상하고 있으며, 특히 싱가포르 국제중재센터(SIAC)는 2010년 세계중재기관선호도 조사’에서 국제상업회의소 중재법원(ICC), 런던국제중재법원(LCIA), 미국중재협회 국제분쟁해결센터(AAA/ICDR)과 더불어, 아시아에서는 유일하게 선호도가 높은 국제중재기관으로 조사된 바 있다. 그러므로 우리 기업들로서는 싱가포르의 국제중재절차를 잘 이해할 필요가 있다. 본고에서는 싱가포르 국제중재제도에 관하여 SIAC의 중재절차를 중심으로 살펴보고 있다. SIAC은 2010년과 2013년에 2회에 걸쳐 중재규칙을 개정하고, 2013년 4월에 아시아 최초로 중재법원을 설립하여 보다 엄격한 중립성과 신속성을 추구하고 있고, 제3국인을 중재인으로 선정하도록 권고하는 등 중재절차를 공평하게 운영하려고 노력하고 있으며, 중재비용도 ICC보다도 저렴하다. 우리나라의 국제중재기관인 대한상사중재원(KCAB)이 세계적인 국제중재기관으로 도약하기 위해서는, 우리 정부가 국제중재기관 육성을 위하여 정책적․재정적 지원을 아끼지 않는 싱가포르를 거울삼아 적극적인 지원을 해야 할 것이며, KCAB도 SIAC처럼 중립성, 공평성, 신속성 차원의 발빠른 대응으로 아시아 국가의 기업들로부터 국제중재기관으로 선택받을 수 있도록 노력해야 할 것이다.

의료사고분쟁(醫療事故紛爭)에 대한 판례(判例)의 경향(傾向)과 그 해결방안(解決方案)

김상찬 제주대학교 법과정책연구소 1997 法과 政策 Vol.- No.3

중재감정에 관한 비교법적 연구

김상찬 한국중재학회 2003 중재연구 Vol.12 No.2

ICSID 중재판정 취소제도

김상찬 한국무역학회 2015 무역학자 전국대회 발표논문집 Vol.2015 No.5

일본의 ADR法에 관한 硏究

김상찬 한국중재학회 2006 중재연구 Vol.16 No.3

Civil lawsuits have been the main instruments to resolve any civil disputes until recent times but it has its limitations in resolving all disputes in the specialized and technical disputes only according to the civil trial process. Therefore, many countries have carried out a series of discussions and investigations into the system of Alternate Dispute Resolution(ADR). It should especially be noted that all related countries in the world have enacted a basic ADR law to accelerate the usage of the ADR system. The most representative cases are the American Alternative Dispute Resolution Act of 1998 and Japan's Alternative Dispute Resolution Promotion Law set up in December 2004. As such, there is a need for Korea to enact a basic law regarding ADR following the world trend of major nations. This paper looks closely not only into the enactment circumstances and contents of Japan's ADR law whose legal system is similar to that of Korea but also the aftermath discussions of the Japanese academic circles into consideration, in the hopes of providing reference data for the legislation of the Korean ADR system and further aiding in the development of the ADR law theory.

우리나라의 환경분쟁조정제도에 관한 연구

김상찬 한국중재학회 2011 중재연구 Vol.21 No.3

Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea s environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation s dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.

A Case of Mesenteric Myxosarcoma in a Dog

김상찬,김현욱,최지혜,장재영,최을수 한국임상수의학회 2012 한국임상수의학회지 Vol.29 No.2

A 6-year-old male Shih tzu dog was presented for evaluation of abdominal distention. Abdominal radiography and ultrasonography revealed a soft tissue density mass containing large amount of fluid. Ultrasonography-guided fine needle aspiration of the mass was performed and cytologic impression was granulation tissue with hematoma and fibroplasias. On exploratory laparotomy a mass was identified at the root of mesentery adhered to distal jejunum. Because the mass could not be separated from the attached jejuna loops, the mass and the adhered sites were surgically removed all together and enteroanastamosis was performed. Histologically a low grade myxosarcoma was diagnosed. Tumor cells were positive with alcian blue stain and Ki67 index by immunohistochemistry was 2.5. The dog recovered from surgery uneventfully, and has been in good condition without any signs of recurrence or metastasis for about 30 months after surgery.