부진정연대채무에서의 일부 변제시 채무 소멸에 관한 통일적 기준의 제시― 대법원 2018.3.22. 선고 2012다74236 전원합의체 판결을 중심으로 ―

이준민 전남대학교 법학연구소 2018 법학논총 Vol.38 No.2

A form of debt in a multiple creditor-debtor relationship called ‘semi-joint and several debt’ has continued to be strongly affirmed by court precedents, and as such, there would not be much practical benefit to discussing whether to recognize such a form of debt. Rather, a point relating to this form of debt that has been hotly debated is how, in a case where each semi-joint and several debtor has different amount of liability from one another, we should consider the effect of partial reimbursement made by a debtor whose amount of liability is larger than that of other debtor(s) and who become unable to make any further reimbursement — that is, of the part jointly liable and the part solely liable, which should be considered to have been extinguished? The outer perish theory and the fault ratio theory had both been applied by the courts as the case may be, and this stance may have been the main reason behind such a debate. The fault ratio theory comes with many flaws from legalistic point of view, but when the factual backgrounds of specific cases where the courts have applied this theory are considered, this theory may seem more convincing in terms of arriving at a more desirable end result for the particular case at hand. As such, it may not have been altogether unreasonable to have relied on both of these theories for quite some time. Nevertheless, this review explains how the fault ratio theory runs against the intention of the parties and at the same time conflicts with the Supreme Court precedents, which consequently necessitated maintaining consistency by conforming to the outer perish theory. By following the Supreme Court decision this review examines, lower-level courts — in cases where the debtor who owes more has partially reimbursed — can now maintain uniformity by applying a more simple and clear standard and will be less burdened in stating the reasons for applying such a standard. Above else, it is expected that the parties who are to read the decisions will more easily understand how the court arrived at its conclusion. On top of the juridical cogency, such are the reasons why this decision is more than welcome. 부진정연대채무라는 형태의 다수당사자 채권채무관계는 판례상 확고하게 인정되고 있어 인정 여부에 대한 논의의 실익은 크지 않다. 다만 일부 채무자의 상계로 모든 연대채무자의 채무가 소멸하는지, 즉 상계에 절대적 효력을 인정할 것인지 여부에 대해서 학설상 다수의 견해가 긍정적인 입장을 취하여 왔고, 대법원은 전원합의체 판결을 통하여 이를 수용하는 것으로 태도를 변경한 바 있다. 그 외에 부진정연대채무와 관련된 중요한 논의는 부진정연대채무자들의 각 채무액이 다른 경우 많은 액수를 부담하는 채무자가 일부만 변제한 뒤 무자력 상태에 빠지게 되면 일부 변제 금액을 어느 부분에서 소멸하는 것으로 의율할지에 대한 것이다. 이에 대해 논의는 꾸준히 제기되어 왔는데 이는 일본과는 달리 우리나라 법원이 과실비율설과 외측설로 나누어서 적용하는 이원적 입장을 취하였던 것에 기인한 바가 크다고 할 것이다. 판례상 과실비율설이 적용된 사안의 사실관계를 살펴보면 구체적인 타당성을 제고하고자 하였던 고려를 충분히 짐작할 수 있다. 부진정연대채무는 당사자들의 적극적인 의사에 기하여 발생하는 것이 아니라는 점에서 채무자들 사이의 이해관계도 고려할 필요가 있다는 점에서 더더욱 그러하다. 그렇기 때문에 상당한 기간 동안 두 기준을 적용하는 입장을 취해온 것이 부당하다고만 할 수는 없을 것이다. 그럼에도 불구하고 과실비율설을 적용하기에는 당사자의 의사에 반하거나 기존 대법원판례에 모순되는 등의 많은 법리적인 문제가 존재하였기에 외측설로 통일적인 기준을 정할 필요성이 있다는 점에 대해서 살펴보았다. 대상 판결을 통해 향후 하급심 법원들은 부진정연대채무에서 큰 액수를 부담하는 채무자가 일부 변제만 하였을 경우에 통일되고 간명한 기준을 적용할 수 있을 뿐만 아니라 판단 이유를 설시하는 것과 관련된 부담을 덜게 되었고, 무엇보다 판결문을 본 당사자들이 그 결과를 쉽게 이해하고 납득할 수 있게 되었다고 할 수 있다. 법리적 타당성 외에 위와 같은 점에서도 대상 판결은 매우 환영할 만하다.

일본에 사는 동포에게

이준민 한국국어교육학회 1995 세계가 한동네 Vol.1995 No.-

직장경유전립선초음파로 측정한 방광 내 전립선 돌출(Intravesical Prostatic Protrusion)과 저장증상과의 연관성 분석

이준민,정홍,김동욱,김홍섭,왕준호,양상국 대한비뇨의학회 2008 Investigative and Clinical Urology Vol.49 No.2

Purpose: Intravesical prostatic protrusion(IPP) is a morphological change that's due to excessive growth of the median and lateral lobes of the prostate into the bladder. Few studies have been performed regarding the correlation between IPP and the voiding/storage symptoms. The aim of this study is to identify the clinical significance of IPP by defining its relationship with the prostate volume(PV), the International Prostate Symptom Score (IPSS), the uroflowmetry results and the medication response. Materials and Methods: We performed a retrospective study of 95 male patients who were examined between August 2006 and July 2007. The patients were evaluated with the IPSS/quality of life(QoL) test, uroflowmetry(Urodyn-1000TM; Medtronic), the post void residual urine(PVR), and IPP and PV by transrectal ultrasound(TRUS)(PROSOUND SSD-3500TM; ALOKA). The IPP was compared with the total IPSS, the voiding and storage symptom score, uroflowmetry parameters and the flow patterns (normal, obstructive, detrusor impairment, Valsalva). The patients were classified into two groups(the IPP and non-IPP groups) based on the presence of IPP as identified by TRUS. Results: The PV and IPP showed a significant correlation(r=0.627, p< 0.001). There was no correlation between IPP and total IPSS(p=0.444); however, the storage symptom score was significantly increased in proportion to IPP(p=0.030). With an IPP increase, the Qmax was decreased (r=0.319, p<0.001) and the PVR was increased(r=0.388, p=0.002). The IPP group showed a lower decrease of the QoL score after 8 weeks of medication, as compared to the non-IPP group(p=0.034). Conclusions: The IPP showed significant correlation with the storage symptoms, but not with the total IPSS. Theoretically, IPP is a unique anatomical configuration of the prostate, and it may worsen the prominent storage symptoms that are the result of irritation of the bladder neck and trigone. IPP should be checked carefully during TRUS as IPP could potentially be a useful marker for the assessment and management of lower urinary tract symptoms. (Korean J Urol 2008;49:145-149) Purpose: Intravesical prostatic protrusion(IPP) is a morphological change that's due to excessive growth of the median and lateral lobes of the prostate into the bladder. Few studies have been performed regarding the correlation between IPP and the voiding/storage symptoms. The aim of this study is to identify the clinical significance of IPP by defining its relationship with the prostate volume(PV), the International Prostate Symptom Score (IPSS), the uroflowmetry results and the medication response. Materials and Methods: We performed a retrospective study of 95 male patients who were examined between August 2006 and July 2007. The patients were evaluated with the IPSS/quality of life(QoL) test, uroflowmetry(Urodyn-1000TM; Medtronic), the post void residual urine(PVR), and IPP and PV by transrectal ultrasound(TRUS)(PROSOUND SSD-3500TM; ALOKA). The IPP was compared with the total IPSS, the voiding and storage symptom score, uroflowmetry parameters and the flow patterns (normal, obstructive, detrusor impairment, Valsalva). The patients were classified into two groups(the IPP and non-IPP groups) based on the presence of IPP as identified by TRUS. Results: The PV and IPP showed a significant correlation(r=0.627, p< 0.001). There was no correlation between IPP and total IPSS(p=0.444); however, the storage symptom score was significantly increased in proportion to IPP(p=0.030). With an IPP increase, the Qmax was decreased (r=0.319, p<0.001) and the PVR was increased(r=0.388, p=0.002). The IPP group showed a lower decrease of the QoL score after 8 weeks of medication, as compared to the non-IPP group(p=0.034). Conclusions: The IPP showed significant correlation with the storage symptoms, but not with the total IPSS. Theoretically, IPP is a unique anatomical configuration of the prostate, and it may worsen the prominent storage symptoms that are the result of irritation of the bladder neck and trigone. IPP should be checked carefully during TRUS as IPP could potentially be a useful marker for the assessment and management of lower urinary tract symptoms. (Korean J Urol 2008;49:145-149)

양주 태봉산 고구려보루 유적 시굴 및 1차 발굴조사

이준민,박햇님 중부고고학회 2014 중부고고학회 학술대회논문집 Vol.2014 No.2

최근 터치스크린 Readout 시스템의 연구 경향

이준민,함주원,장우석,이하민,구상모,오종민,고승훈 한국전기전자재료학회 2023 전기전자재료학회논문지 Vol.36 No.5

With the increasing demand for mobile devices featuring multi-touch operation, extensive research is being conducted on touch screen panel (TSP) Readout ICs (ROICs) that should possess low power consumption, compact chip size, and immunity to external noise. Therefore, this paper discusses capacitive touch sensors and their readout circuits, and it introduces research trends in various circuit designs that are robust against external noise sources. The recent state-of-the-art TSP ROICs have primarily focused on minimizing the impact of parasitic capacitance (Cp) caused by thin panel thickness. The large Cp can be effectively compensated using an area-efficient current compensator and Current Conveyor (CC), while a display noise reduction scheme utilizing a noise-antenna (NA) electrode significantly improves the signal-to-noise ratio (SNR). Based on these achievements, it is expected that future TSP ROICs will be capable of stable operation with thinner and flexible Touch Screen Panels (TSPs).

Analysis of substitute and complementary relationship in Internet video service market: Focused on MCN(Multi-Channel Network)

이준민,김승현,황준석 한국혁신학회 2018 한국혁신학회지 Vol.13 No.2

Multi-Channel Network (MCN) has floated as a new content provider in Internet video service market. This study analyzes relationships of substitute and complementarity between the professional producer-centered Over-The-Top (OTT), and the user-producer- centered MCN. It reviews the competition between user- and producer-provided content in the Internet video service market and explored its political implications. It uses ‘uses and gratification theory’ and ‘niche theory’. Data was collected from 344 survey respondents with actual use experience of OTT and MCN. The definition of ‘limited resources’ was analyzed in relation to three Internet video service attributes: usability, interactivity, and diversity, and in relation to two aspects of ICT innovation: the media convergence effect and the participation innovation process. Results show that OTT dominates the dimension of usability, while MCN dominates the dimensions of interactivity and the participation innovation process. Using the principle of functional similarity, it is discovered that OTT and MCN form a substitute relationship in the platform areas of usability and the media convergence effect, and a complementary relationship in content- related areas such as interactivity and the process of participation innovation.

에너지 수집형 무선 센서 네트워크를 위한 에너지 적응형 데이터 압축 및 전송 범위 결정 기법

이준민,오엄지,노동건,윤익준,Yi, Jun Min,Oh, Eomji,Noh, Dong Kun,Yoon, Ikjune 대한임베디드공학회 2016 대한임베디드공학회논문지 Vol.11 No.4

Energy-harvesting nodes in wireless sensor networks(WSNs) can be exhausted due to a heavy workload even though they can harvest energy from their environment. On contrast, they can sometimes fully charged, thus waste the harvested energy due to the limited battery-capacity. In order to utilize the harvested energy efficiently, we introduce a selective data compression and transmission range control scheme for energy-harvesting nodes. In this scheme, if the residual energy of a node is expected to run over the battery capacity, the node spends the surplus energy to exploit the data compression or the transmission range expansion; these operations can reduce the burden of intermediate nodes at the expanse of its own energy. Otherwise, the node performs only basic operations such as sensing or transmitting so as to avoid its blackout time. Simulation result verifies that the proposed scheme gathers more data with fewer number of blackout nodes than other schemes by consuming energy efficiently.

고령화 사회 노인주거복지 향상을 위한사회서비스 현황 특성에 관한 연구

이준민,신화경,박미선 가정과삶의질학회 2010 가정과삶의질학회 학술발표대회 자료집 Vol.2010 No.12

회원의 자리 : 영원한 청춘

이준민 경남대학교 극동문제연구소 2007 NEWS Vol.81 No.-

Comparison of Capacitor Voltage Balancing Methods for 1GW MMC-HVDC Based on Real-Time Digital Simulator and Physical Control Systems

이준민,Jung-Woo Park,Dae-Wook Kang,이종필,유동욱,이장명 전력전자학회 2019 JOURNAL OF POWER ELECTRONICS Vol.19 No.5

Modular Multilevel Converter (MMC)-based HVDC power transmission using a real-time simulator is one of the key technologies in power electronics research. This paper introduces the design methodology of a physical MMC-HVDC control system based on a Field-Programmable Gate Array (FPGA), which has the advantage of high-speed parallel operation, and validates the accuracy of MMC-HVDC control when operated with a Real-Time Digital Simulator (RTDS). Finally, this paper compares and analyzes the characteristics of capacitor voltage balancing methods such as Nearest Level Control (NLC), NLC with a reduced switching frequency, and tolerance band modulation implemented on physical control system.