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조경애 한국가족법학회 2018 가족법연구 Vol.32 No.3
There are two main systems of laws governing grounds for divorce: a fault-based divorce regime and a no-fault divorce regime. According to a fault-based divorce regime, in the process of filing for divorce, by asserting and proving fault on the part of the other spouse, there occurs a problem that couples become hostile to each other, slander the other party, exaggerate mistakes and reveal personal privacy. In response to these problems arising out of a fault-based divorce regime, a no-fault divorce regime has emerged. According to a no-fault divorce regime, grounds for divorce can be defined neutrally as the irretrievably breakdown, thereby this regime will be reducing the moral shame associated with divorce and alleviating the suffering and hostility that the parties might face during the divorce proceedings. Also, by involving no responsibility for the breakdown of marriage when judging whether marital relations are eliminated, it is possible to pursue a more mature divorce without unnecessary quarrels and perjuries which could occur during the divorce process and it is also possible to concentrate more on treatment and welfare for the parties or minor children who may be harmed by the divorce. In Korea, the modern divorce law was transplanted at the early stage of the Japanese colonial period. In the Civil Act, enacted from 1960s, ever since the divorce system has been defined by the system of dualization of both divorce by consent and judicial divorce in the same way as the divorce law under the Japanese colonial rule, this dual divorce law systems have been operated until now without changing the big frame. The provision on grounds for divorce for judicial divorce system, which has been practiced almost without revision for 60 years since its enactment, has limitation in a sense that it cannot accept the changed views on family and marriage. Grounds for divorce in Korea are based on a fault-based divorce regime, which cannot be free from the criticism such as it infringes the freedom of divorce, human dignity and the right to pursue happiness. In this regard, discussions have been actively conducted toward the need to introduce a no-fault divorce regime in law academia, in law practice, and in a section of a society, focusing on the issue of divorce claim by a guilty spouse. Hence, on June 26, 2015, the Supreme Court referred a guilty spouse's divorce claim case to en banc. In this thesis, it is concluded that it is difficult for the current provision on grounds for divorce to solve the problems arising out of the diversified grounds for divorce and judicial proceedings for divorce. In order to search for the introduction of a no-fault divorce regime, we conducted an empirical analysis through examining various theories and analysing tendency of precedent verdict of divorce, divorce statistics and consciousness survey. As a result, we confirmed that the theoretical doctrine which allows the introduction of a no-fault divorce regime has increased in recent years, and the precedent verdict of divorce also tends to broaden the range of exceptional approvals of a guilty spouse's divorce claim case. However, there are some opinions that subparagraph 6 of Article 840 of the Civil Act can be interpreted as a basis provision for a no-fault divorce regime and it is possible to approve the claim of divorce by a guilty spouse, only by active modification of the precedent verdict of divorce without amendment of the law itself. But these are unreasonable because it should have provided a system for protection of victims if subparagraph 6 would have been a provision for a no-fault divorce regime. There is a limit to broadening the scope of divorce approval to a divorce claim initiated by a guilty spouse based on subparagraph 6, and the divorce approval to such divorce claim initiated by a guilty spouse based on subparagraph 6 could have resulted in the tremendous increase in the number of victim of divorce. Therefore, the revi...
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Isolation of a sleep-promoting compound from Polygonatum sibiricum rhizome
조경애,김훈,최현선,이승수,방면호,서형주 한국식품과학회 2018 Food Science and Biotechnology Vol.27 No.6
The aim of this study was to identify sleeppromoting substance from Polygonatum sibiricum rhizome extract (PSE) with the regulation of sleep architecture. PSE showed a decrease in sleep latency time and an increase in the sleeping time. In the electroencephalography analysis of rats, PSE (150 mg/kg) showed an increase of non-rapid eye movement by 38% and a decrease of rapid eye movement by 31% compared to the control. This sleeppromoting activity was found to be involved in the GABAA-BDZ receptor. The chemical structure of the pure compound was determined by the 1H and 13C nuclear magnetic resonance spectroscopy and gas chromatography mass spectrometry analysis; active compound was glyceryl- 1-monolinoleate. The commercial standard glyceryl-1- monolinoleate showed a similar inhibitory concentration on [3H]-flumazenil binding to GABAA-BDZ receptors with final active fraction of PSE. The results indicate that glyceryl-1-monolinoleate is a major active compound responsible for the PSE-derived sleep promotion.
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