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중재합의의 효력범위에 관한 고찰 - 대법원 2011.12.22. 선고 2010다76573 판결을 중심으로 -
김용길 한국중재학회 2013 중재연구 Vol.23 No.2
In the 21th century, its important role in international commercial disputes has established arbitration as the preferred form of dispute resolution. Because commercial disputes have become more complicated and varied with their quantitative increase, it is important that they be settled in a reasonable and rapid manner. Alternative Dispute Resolution (ADR) is now regarded as one of the most effective dispute resolution methods for the settling of commercial disputes and merits notice. Arbitration is a form of dispute resolution in which two parties agree to have their dispute resolved by one or more arbitrators and thereby avoid what could be costly and time-consuming court battles. Often contracts mandate that disputes be settled through arbitration. These arbitration clauses also frequently prohibit plaintiffs from banding together to bring an action on behalf of a larger class. An arbitration agreement is an agreement by parties to summit to arbitration all or certain disputes which have arisen or which may arise between them with respect to their defined legal relationship, whether contractual or not. According to the Supreme Court, general elective arbitration clauses may be considered valid in light of all the relevant facts. Arbitration has been the subject of a great deal of research and the scope of effect in arbitration agreements is a promising avenue for future research.
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김용길,김형렬 원광대학교 법학연구소 2008 圓光法學 Vol.24 No.4
Copyright Law makes a declaration of Creator doctrine in article 2 and article 10. But there is one exception to this doctrine. It is work made for hire system. It seems to me that we received it from the United States of America which has Anglo-American law system. However South Korea has copyright law of the Continental law system as Japan. In spite of the Harmonization in the world, I think it is impertinent. Especially, I regard it as appropriate that we adopt the divided ownership approach of English method or the divided ownership of Japanese method in the maker of a cinematographic work, not the divided ownership approach of German method(split right approach) or the ownership approach of American method(all or nothing approach).
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김용길,Kyung-Jo Kim,민영기 영남대학교 의과대학 2020 Yeungnam University Journal of Medicine Vol.37 No.2
Background: Little is known about capsule endoscopy (CE) findings in patients with intestinal tuberculosis who exhibit small bowel lesions. The aim of the present study was to distinguish between Crohn’s disease (CD) and intestinal tuberculosis based on CE findings. Methods: Findings from 55 patients, who underwent CE using PillCam SB CE (Given Imaging, Yoqneam, Israel) between February 2003 and June 2015, were retrospectively analyzed. Results: CE revealed small bowel lesions in 35 of the 55 patients: 19 with CD and 16 with intestinal tuberculosis. The median age at diagnosis for patients with CD was 26 years and 36 years for those with intestinal tuberculosis. On CE, three parameters, ≥10 ulcers, >3 involved segments and aphthous ulcers, were more common in patients with CD than in those intestinal tuberculosis. Cobblestoning was observed in five patients with CD and in none with intestinal tuberculosis. The authors hypothesized that a diagnosis of small bowel CD could be made when the number of parameters in CD patients was higher than that for intestinal tuberculosis. The authors calculated that the diagnosis of either CD or intestinal tuberculosis would have been made in 34 of the 35 patients (97%). Conclusion: The number of ulcers and involved segments, and the presence of aphthous ulcers, were significantly higher and more common, respectively, in patients with CD than in those with intestinal tuberculosis. Cobblestoning in the small bowel may highly favor a diagnosis of CD on CE.
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중국의 지식재산권 담보제도 및 동향에 관한 고찰-질권을 중심으로-
김용길 전북대학교 동북아법연구소 2019 동북아법연구 Vol.12 No.3
With the entire world entering the age of knowledge-based societies, the importance of intellectual property rights for the development of the national economy is continuously growing. In particular, China is providing systematic support from a national perspective to promote finances related to intellectual property rights and procurement of funds for small and medium businesses through the guarantee of intellectual property rights. It has created the legal foundation through the Guarantee Act and Real Right Act, etc. and has systematically institutionalized evaluation management work of assets related to intellectual property rights in its efforts to make improvements to the valuation system. Furthermore, it is also offering various types of financial support such as the payment of incentives for institutes that provide loans for intellectual property rights, provision of credit guarantees, direct support of loans, etc. The reason why the Chinese government is directly intervening in guarantee loans is for promoting the implementation of guarantee systems in the initial stages. Guarantee loans related to intellectual property rights were also activated in Korea since 2013, but the support policies were not integrated and have been conducted intermittently by each department, and moreover, the scale of financial support is also relatively small and the methods are not very diverse. Therefore, it is necessary to integrate operation of current support systems and diversify support methods. 전 세계가 지식기반사회로 진입함에 따라 국가경제 발전에서 지식재산권이 차지하는 비율이 점점 증가되고 있다. 특히 중국은 지식재산권 담보융자를 통한 기업들의 자금융통과 지식재산권과 관련한 금융을 원활하게 하기 위하여 정부적 차원에서 적극적으로 지원하고 있다. 담보법, 물권법 등을 통해 법적 기반을 마련하고, 지식재산권과 관련된 자산의 평가관리업무를 체계적으로 제도화시키고 가치평가 시스템의 개선에도 노력을 기울이고 있다. 아울러 직접적인 대출지원, 신용보증의 제공방법, 재산권의 대출기관에 대한 장려금지급 등 다양한 형태의 재정지원도 병행하고 있다. 이처럼 국가가 직접적으로 자금융통과 담보대출에 개입하는 것은 조기에 담보제도의 정착을 위한 것이다. 우리나라도 2013년부터 지식재산권과 관련한 담보대출이 활성화되었으나 정부의 지원정책이 체계적이지 않고 부처별로도 효율적으로 이루어지고 않고 있으며 또한 지원규모도 그리 크지 않고 담보방법도 다양하지 못하다. 따라서 현행의 담보제도를 통합하여 체계적으로 다양화된 지원방법을 모색해야 할 것이다.
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