증면 속셈과 힘겨루기 실상

김천수 한국언론학회 1990 저널리즘비평 Vol.3 No.1

사형제도에 대한 법학적 접근 (p.21-47)

김천수 새한철학회 2001 새한철학회 학술대회 발표논문집 Vol.2001 No.11

신생아 혈액 응고질환: 출혈 경향을 보이는 신생아에 대한 진단적 접근

김천수 대한신생아학회 2011 Neonatal medicine Vol.18 No.1

All newborn infants with clinically significant bleeding should be evaluated for a hemostatic deficit. Medical history should include the following data: familial bleeding disorders, maternal illness and medication, age of bleeding onset, and prophylactic administration of vitamin K. The first essential step for evaluating bleeding neonates is determining whether the baby is sick or well. The physician should also evaluate the extent of the bleeding, features of bleeding lesions, and other abnormal findings from the physical examination. Skeletal anomalies may provide diagnostic clues. Depending on the clinical features and results of screening tests,other tests including coagulation factors may be useful for determining the diagnosis. All laboratory results must be considered in the context of age-related reference values. The platelet function analyzer provides a promising alternative to bleeding time. Fibrin degradation products and D-dimers are used for screening and specially testing fibrinolytic activity, respectively. The Apt test may help to rule out factors derived from maternal blood. Radiologic imaging studies are important because asymptomatic intracranial hemorrhages are common in neonates.

Trenched-Sinker LDMOSFET (TS-LDMOS) Structure for 2 GHz Power Amplifiers

김천수,박문양,유현규,Sung Do Kim 한국전자통신연구원 2003 ETRI Journal Vol.25 No.3

This paper proposes a new LDMOSFET structure with a trenched sinker for high-power RF amplifiers. Using a low-temperature, deep-trench technology, we succeeded in drastically shrinking the sinker area to one-third the size of the conventional diffusion-type structure. The RF performance of the proposed device with a channel width of 5 mm showed a small signal gain of 16.5 dB and a maximum peak power of 32 dBm with a power-added efficiency of 25% at 2 GHz. Furthermore, the trench sinker, which was applied to the guard ring to suppress coupling between inductors, showed an excellent blocking performance below –40 dB at a frequency of up to 20 GHz. These results confirm that the proposed trenched sinker should be an effective technology both as a compact sinker for RF power devices and as a guard ring against coupling.

쌍무계약상 채권자의 위험부담과 채무자의 이익상환

김천수,이우진 성균관대학교 법학연구원 2006 성균관법학 Vol.18 No.2

초대 예루살렘 교회의 영성과 구제

김천수 한영신학대학교 2016 韓榮論叢 Vol.20 No.-

후유장해를 둘러싼 민사책임의 쟁점들 - 대법원 2008.3.27. 선고 2007다76290 판결을 중심으로-

김천수 대한의료법학회 2009 의료법학 Vol.10 No.2

In this paper, the Judgment 2007DA76290 of the Korean Supreme Court was analysed in two points of the legal theory and litigation. The judgment arouses some issues of medical malpractice liability. They includes the concept of the complications and permanent lesion and the difference between them, some problems in a judge's applying the requirements for the physician's tort liability to the medical malpractice situations, the theory of obligation de moyens related with the burden of proof of the negligent conduct for a physician's liability for misperformance of contract, the influence of a patient's physical conditions on the physician's liability, the breach of duty to disclose in selecting the safer one of the treatment methods bringing about the complications or leaving the permanent lesion and so on. In the situations of the case referred to above, the plaintiff should have tried to establish that a reasonable physician in the specific situation of the case would have substituted the safer method of treatment for the method in the case. If the plaintiff had succeeded in establishing it, he or she could have recovered even the physical harm resulting from the permanent lesion brought about by the complications of the specific treatment in the case. The plaintiff failed to do so and recovered only the emotional distress which the patient suffered owing to the physician's breach of the duty to disclose. Therefore the legal malpractice of the counsel might be found in this case.

인공수정(人工授精)에 관한 법적(法的) 고찰(考察)

김천수,Kim, Cheon-Su 대한의료법학회 2001 의료법학 Vol.2 No.2

민법 제758조의 개정에 관한 연구

김천수 한국민사법학회 2011 民事法學 Vol.56 No.-

The liability ruled by Section 758 of the Korean Civil Code(hereafter “KCC") has no less than 6 issues including the object causing the damage in the section, its conditions for the liability, the standing to be sued, the category of damage covered by the liability, the class of the victim protected by the section, the nature of the liability and so on. In this paper, the first three issues are analyzed from the viewpoint of de lege ferenda. The current Section 758 KCC reads that the object causing the damage in the section is a structure or a tree. The word “structure" has the meaning of a thing made artificially. The Section 98 KCC defines the meaning of the word “thing" appearing in KCC as a thing independent physically or notionally from the other one. However the Korean Supreme Court applies the Section 758 KCC even to the parts of a plot of land. The object causing the liability in the future law of the section must include the “land" itself that such an attitude might be taken into consideration in de lege ferenda of the section. Moreover the “structure"should be substituted with a “fixture" which does not include only the artificial conditions of land but also the trees. The current Section 758 KCC stipulates that the object's conditions causing the damage should be defective in its installment or maintenance. The Korean Supreme Court understands the meaning of “defect in the installment or maintenance of the object" as “lack of reasonable safety of the object" caused by the breach of duty to protect reasonably a person and his or her property against danger. The international trend is to express the conditions as “lack of reasonable safety". Therefore in the future text of the Section 758 KCC the object's conditions causing the damage should be expressed as “lack of (reasonable) safety" and the element of the breach of duty to protect should be take into consideration for one of defenses. The standing to be sued in the current law of Section 758 KCC is ruled in a stepwise manner. The first main defendant whom a victim should sue for the damages must be the occupier of the object. However the occupier' success in showing a defense of no breach of duty to care could make him become immune from the liability for the damages. Then the victim could sue the owner of the object as a main defendant, whose liability is strict. When the nonowner occupier of the object failed to show his defense, the victim cannot sue the owner even though the nonowner occupier lacks of means to pay for damage but the owner has means to do so. The future law of the Section 758 should search for the way balancing the victim's helplessness in such a case and the severity to the owner by his or her strict liability. Such a way could be found where the nonowner occupier and the owner would be liable jointly and severally and the chance of the same defense as the nonowner occupier's one would be given even to the owner.

權利濫用과 權利行使上 信義則 - 要件論을 中心으로 -

김천수 민사판례연구회 2010 民事判例硏究 Vol.- No.32

It is the requirements for application of Section 2 of the Korean Civil Code that was analyzed in this paper. The section regulates the exercise of the private right including ownership. The critical issue is whether the intention of doing harm in exercising the right is required for its application or not. The precedents of the Korean Supreme Court were analyzed in many legal literatures. According most of the analyses, the court shows its ambiguous attitude toward the issue. A diversity of opinion is found in the legal literatures interpreting the section. The section has 2 subsections. The subsection 1 rules the bona-fides principle in the exercise of rights and the performance of promise. The subsection 2 regulates the abuse of rights. The regulation of the exercise of the rights is found in both of the subsections. The relation of the two subsections still remains to be analyzed. So far there was not an opinion that they should be differentiated in their application to the exercise of right. This paper is aiming at this differentiation. It is suggested in this paper that the intention of doing harm is not required in the application of the subsection 1 but required in the application of the subsection 2. The two subsections should be differentiated from each other in the application of them in the exercise of rights. The differentiation in this present suggestion would be not useful only for the interpretation of the Section 2 but also for the precedents in which the section was applied in the Supreme Court. With such differentiation the two subsections could have their respective meanings and the propriety could be found in the legislation of the section. Moreover with the differentiation the court could get the evaluation that its precedents about the section are not incompatible. 이 논문은 권리행사에 대한 민법 제2조의 적용 요건을 다룬 것이다. 특히 문제가 되는 것은 가해목적이라는 주관적 요건이 필요한가의 여부이다. 이에 대하여 대법원 판례가 어떠한 태도를 취하는가에 대한 분석이 여러 문헌에서 시도되었으며 그 결과는 매우 다양하다. 한편 위 쟁점에 대한 학설의 태도도 다양하다. 하지만 종래의 학설과 판례는 권리행사에 대하여 민법 제2조를 적용함에 있어서 제1항과 제2항의 요건을 구분하지 않았다는 점에서는 다를 바가 없다. 이와 달리 이 논문에서는 두 조항의 요건을 구분하여 정리하자는 것이다. 즉 제1항의 권리행사상 신의칙 위반에는 주관적 요건을 요구하지 말고 신뢰침해라는 객관적 요건만으로 판단하자는 것이고, 제2항의 권리남용을 인정함에는 주관적 요건으로 가해목적을 요구하자는 것이다. 제2항에 가해목적을 의미하는 표현이 명시되지 않았지만, 그 조항에 나오는 ‘남용’이라는 표현에는 가해목적을 내포한 것으로 풀이할 수 있는 것이므로 명문에 반하는 해석도 아니다. 그리고 그렇게 해석함으로써 우리 입법과 판례를 선해할 수 있게 된다고 하겠다. 먼저 두 조항 모두에 권리를 언급하는 제2조의 입법방식이 중복적이거나 모순된 것이라는 부정적 평가를 피하고 각 조항에 독자적 의미를 부여할 수 있게 되는 것이다. 또한 주관적 요건과 관련하여 일관성이 없어 보이는 판례의 모습에 일관성을 부여할 수 있게 된다. 즉 주관적 요건을 배제한 판결은 그 사건에 제1항을 적용하여 권리행사상 신의칙 위반 여부를 검토한 것이고, 주관적 요건을 요구한 판결은 제2항을 적용하여 권리남용 여부를 검토한 것이라고 선해할 수 있게 될 것이다.