주식매수선택권(株式買受選擇權)(Stock Option)에 대한 일고(一考)

허동원 한국외국어대학교 법학연구소 2000 외법논집 Vol.9 No.-

원발녹내장에서 백내장초음파유화섬유주절제술과 섬유주절제술의 여과포와 안압의 경과비교

허동원,김창식,Dong Won Heo,Chang Sik Kim 대한안과학회 2012 대한안과학회지 Vol.53 No.12

Purpose: To evaluate clinical results of combined phacotrabeculectomy (PHACO-TRAB) and trabeculectomy (TRAB) for primary open-angle glaucoma (POAG) and primary angle-closure glaucoma (PACG). Methods: Forty-two eyes of 42 patients with POAG and 60 eyes of 60 patients with PACG were studied retrospectively. Fifty-two patients underwent PHACO-TRAB and 50 patients underwent TRAB. The IOP, number of anti-glaucoma medications, and duration of filtering bleb survival for 3 years after surgery were compared. Results: For 12 months after surgery, the TRAB group maintained significantly lower IOP than the PHACO-TRAB group (p < 0.05, t-test), and there was no significant difference thereafter. The filtering bleb survival rate was significantly higher in the TRAB group during the study period. In patients with POAG, the TRAB group showed higher filtering bleb survival rate for 3 years (p = 0.016, log-rank test). However, in patients with PACG, there was no significant difference in filtering bleb survival between the 2 groups. In patients with POAG, the TRAB group maintained significantly lower IOP for 12 months after surgery, and there was no significant difference afterwards. In patients with PACG, the TRAB group maintained lower IOP only at 1, 3, and 6 months after surgery. However, the PHACO-TRAB group showed significantly lower IOP at 18 months and 36 months after surgery. Conclusions: In patients with POAG, TRAB was more effective in lowering IOP and maintaining filtering bleb. However in patients with PACG, there was no difference in filtering bleb survival between the 2 groups. TRAB was more effective in maintaining IOP during the early period after surgery, but PHACO-TRAB was superior to TRAB beyond 1 year after surgery in patients with PACG.

온디콘법상 온라인디지털콘텐츠 거래인증제도의 활성화 방안에 관한 일고찰

허동원,함정훈 한국외국어대학교 외국학종합연구센터 법학연구소 2004 외법논집 Vol.16 No.-

In recent years, the number of digital content transaction has increased dramatically, in main, owing to the innovation of IT technology. At the same time, it creates new problems which have never been found in traditional transactions. Especially, due to the easy-copy characteristics of digital content, the illegal usage of digital content proliferates. Also the conflicts between seller and buyer in digital content transactions on cyberspace market take place frequently because contracts were made without face-to-face discussion. The increase of illegal usage and conflict in digital content market would diminish motivation of creators for their work, furthermore break down digital content market on cyberspace. Digital content transaction authentication system would play an important role in creating sound digital content market. Especially, it would make big contribution to reducing the number of conflict between seller and buyer. In this context, the main objective of this study is to suggest of this study are as follows. The first, define cleanly transaction authentication. The second, the notification basis must be set up through the modification of law in order to improve the efficiency of transaction authentication. The third, the law will take effect go into operation on and after revision of law. The fourth, it is necessary to provide various incentives to user and content provider such as free usage coupon and tax exemption for the certain period of time. The fifth, this study suggests that identification system, marking system and quality certification system should be properly related to digital content transaction authentication. The sixth, the procedure of transaction authentication must be standardized for international mutual compatibility.

나의 제언 - 연극 영화의 참다운 의미

허동원 중앙대학교 예술대학 학도호국단 1978 中央藝術 Vol.4 No.1

주식회사 이사의 분할책임에 대한 연구

허동원 ( Huh Dong-won ) 한국외국어대학교 법학연구소 2006 외법논집 Vol.21 No.-

Recently, the reinforcement and the press of the liability of corporate directors would be good to set the healthy corporate culture. However, at the same time, it can cause the passive and self-defensive management of chief executives which can make the bad economic situation worse. Although the governance structure has been reformed by the efforts to improve the corporate governance, there are still many companies governed by owners and it is hard for an executive to realize the liable management. But, we have some question here; is it resonable to hold indiscriminately all chief executives the liability though their position and right in the organization are very different? And usually, the amount of damages is too big for an individual to bear it. In this case, is it fair that those enormous burden goes to an individual whose the capacity of security is quite limited? Under the situation where the scope of executive’s liability is not systematically defined, the policies to enhance liability can have a negative effect. With strong policies, the competitive executive may avoid being appointed as executive. He or she is much likely to focus on short-term interest with no long-term vision. This can undermine a healthy corporate activities and any risk-taking investment. Finally, the negative effects on corporate and share holders can be spreaded into our society. Accordingly, this study is to define the reasonable policies for executive's liability by reviewing the measures to reduce their liability and to protect them from the huge burden when they do their jobs in the right way. In this Study, to decide the scope of liability reasonably, it is reviewed whether civil law can be applied to the liability of director. Also, the legal provisions of the Japan are analyzed to determine whether those can be adapted or not in Korea. The system which a corporate indemnifies the damages and burden caused by executive’s mismanagement is studied in the Study. In conclusion, the legal system of responsibility should be reviewed in consideration of corporate governance structure. In the process, the complaints and alternatives from incumbent executives should be mainly reflected. There is also a need to ease the legal system of liability for executive to play a wise and active role in management. First, the corporate governance structure should be reformed to pave the way for responsible management. To be more spedfic, a corporate makes the cumulative voting available and restrict major shareholders’ rights to appoint and sack executives. Corporate should also enhance shareholders' right to get access to information, strengthen its duty of disclose, lay out practical measures to establish the system of outside director and introduce policies to improve participation of workers. Second, there is a need for coordinating the sphere of liability in a reasonable way. For this, corporate should specify further executive's duty of alert and type of causes. Corporate should share the burden of executive by applying the contributory negligence or the offset of profit and loss(The Net-Loss Rule), if he or she prove one's share of burden according to the contribution to mismanagement. Third, an additional measures should be taken to improve the representative action on the basis of the analysis of its effects. The potential problem and solutions should be addressed specifically. Fourth, the company's inside system to protect the responsibility of director must be established. That is, to activate the insurance of liability, the listed enterprise or the corporation registered in association has to join automatically or the payment of premium is clearly stated on the law like the United Kingdom. Also, the compensation system by a corporation must be considered so as to act it alternately in the sphere which this insurance system is not applied. Fifth, the inside control system is needed to judge the infringement of the surveillance duty, one of director’s major duty. That is, the operation of inside control system and the observance become a duty of director and accordingly, in case a damage is caused though the surveillance duty is kept up, the director is released from the liability. Finally, these reformed system must not make the executive to slacken a lawabiding spirit. Therefore, various kinds of system to intercept an illegal act by director such as the injunction of stockholders or the representative action is needed and the measures to complete the related laws are carried out in order to show the ability of an organization to monitor the executive.

株式會社 理事의 責任分割에 관한 一考 - 日本의 事例를 중심으로 -

허동원(Dong-won Huh) 한국비교법학회 2004 비교법학연구 Vol.4 No.-

Recently, the reinforcement and the press of the liability of corporate directors would be good to set the healthy corporate culture. However, at the same time, it can cause the passive and self-defensive management of chief executives which can make the bad economic situation worse. Although the governance structure has been reformed by the efforts to improve the corporate governance, there are still many companies governed by owners and it is hard for an executive to realize the liable management. But, we have some question here; is it resonable to hold indiscriminately all chief executives the liability though their position and right in the organization are very different? And usually, the amount of damages is too big for an individual to bear it. In this case, is it fair that those enormous burden goes to an individual whose the capacity of security is quite limited?<br/> Under the situation where the scope of executive's liability is not systematically defined, the policies to enhance liability can have a negative effect. With strong policies, the competitive executive may avoid being appointed as executive. He or she is much likely to focus on short-term interest with no long-term vision. This can undermine a healthy corporate activities and any risk-taking investment. Finally, the negative effects on corporate and share holders can be spreaded into our society.<br/> Accordingly, this study is to define the reasonable policies for executive's liability by reviewing the measures to reduce their liability and to protect them from the huge burden when they do their jobs in the right way.<br/> This can be divided into 5 Chapters. In the Chapter 2, there is a meaning for liability division of director. In the Chapter 3, a study for cases about liability division. In the Chapter 4, a style of liability division. In conclusion, the legal system of responsibility should be reviewed in consideration of corporate governance structure. In the process, the complaints and alternatives from incumbent executives should be mainly reflected. There is also a need to ease the legal system of liability for executive to play a wise and active role in management.

저칼슘혈증과 연관된 양안 시신경유두의 부종

허동원(Dong Won Heo),김정열(Jung Yeul Kim),이연희(Yeon-Hee Lee) 대한안과학회 2017 대한안과학회지 Vol.58 No.5

목적: 저칼슘혈증과 연관되어 양안성의 시신경유두의 부종(optic disc edema)이 발생한 증례를 보고하고자 한다. 증례요약: 48세 여자가 2일 전부터 시작된 우안의 시력저하 및 시야장애를 주소로 내원하였다. 3개월 전 전갑상선절제술을 받았으며 칼슘제제를 복용 중이었다. 안통, 두통, 이명, 복시 등의 증상은 호소하지 않았다. 교정시력은 양안 1.0이었고 우안에 상대구심동공운 동장애가 관찰되었다. 양안에 시신경유두의 부종이 관찰되었고 우안이 더 심한 양상이었다. 시야검사에서 우안 확대된 맹점과 코쪽계 단암점이 관찰되었다. 뇌척수액 검사에서 뇌척수액압이 정상이었고 기타 소견도 정상이었다. 뇌자기공명영상과 기타 신경학적 검사에 서도 특이 소견은 관찰되지 않았다. 혈액검사에서 혈중 칼슘농도가 5.9 mg/dL로 감소된 것이 발견되었다. 응급으로 혈중으로 칼슘을 보충해 주었고 보충 후 2일째부터 시야장애와 시신경유두의 부종도 감소하기 시작하였다. 2달 뒤 시신경부종은 소실되었다. 결론: 저칼슘혈증에 연관되어 양안 시신경유두의 부종이 발생할 수 있으며 칼슘의 적절한 보충으로 회복이 가능하다. 이 질환의 예방과 조기진단을 위한 노력이 필요하다. <대한안과학회지 2017;58(5):620-625> Purpose: To report a case of bilateral optic disc edema associated with hypocalcemia. Case summary: A 48-year-old woman visited our ophthalmology department with decreased vision and disturbance of the visual field in the right eye, which began 2 days prior to presentation. The patient history indicated she had undergone total thyroidectomy 3 months prior and was given an oral calcium preparation. She had no eye pain, headache, tinnitus or diplopia. Her best corrected visual acuity of both eyes was 1.0, and color vision was normal in both eyes although a mild relative afferent pupillary defect was present in the right eye. Severe bilateral optic disc edema was present in the right eye. A Humphrey visual field test revealed an enlarged blind spot and peripheral nasal step scotoma in the right eye. The Cerebrospinal fluid (CSF) opening pressure was within the normal range and there were no abnormal findings regarding CSF. Additionally, there were no remarkable findings on brain magnetic resonance imaging nor neurologic tests. Her serum calcium was 5.9 mg/dL (normal range: total calcium 8.7-10.6 mg/dL), and an intravenous calcium supplement was started. Visual disturbance and optic disc edema improved 2 days after replacement and the optic disc edema completely dissolved 2 months later. Conclusions: Hypocalcemia may cause bilateral optic disc edema and can be recovered through adequate calcium supplementation, and it is necessary to prevent and promptly detect this rare complication. J Korean Ophthalmol Soc 2017;58(5):620-625

중국에서의 외국인 투자기업 설립에 관한 법적 소고 - 삼자기업법을 중심으로 -

허동원 ( Huh Dong-won ) 한국외국어대학교 법학연구소 2008 외법논집 Vol.31 No.-

China have put in good order enterprise connection legislation according to the inside and outside of the country economic development circumstance. Law also connected with foreign invested company is suffering a lot of changes. Therefore, foreign investment in China understands enough change of law accordingly with Chinese economic development circumstance, It is very important that meticulous examination and analysis about investment law that is an abroad go first. In this paper, foreign corporation and the foreign investors examined laying stress on procedures to establish a business of the Foreign invested enterprise and The founding contract at the time of the fact must consider that is used for investment in China. Specially, I studied formality and contents on Foreign Investment Enterprise's establishment laying stress on Foreign Equity Joint Venture Law, Foreign Cooperative Joint Venture Law and Foreign Owned Enterprise Law that is foreign invested company's basis. Generally, Foreigner investors by form of enterprise that establish investment enterprise in China, there are Sino-Foreign Equity Joint Venture, ino-Foreign Cooperative Joint Venture, Sino-Foreign Owned Enterprise three. About these people the the People's Republic of China Foreign Equity Joint Venture Law which is established in the People's Republic of China Foreign Cooperative Joint Venture Law which with law is established in 1979 July 1st work and 1986 April 12th work there is the People's Republic of China Foreign Owned Enterprise Law which in 1988 April 13th work, is established. Equity joint Venture are a stocks style limited company emphasizing for invested capital. Sino-Foreign Equity Joint Venture each side person concerned invests jointly and must establish independent China corporation. Defining detailedly to Equity Joint Venture law for Joint Venture establishment. Therefore, big investment enterprise which must have legal stability in establishment suitable. Joint venture is contract enterprise by regulation. Sino-Foreign Equity Joint Venture each side person concerned contracts joint work contract through negotiation, and manages enterprise jointly according to regulation of the contract. Also has a right and a duty. Because can select incorporation , flexibility is big relatively than ligature enterprise. Therefore, is suitable in medium and small enterprises. Finally, Foreign Owned Enterprise invested capital total foreigner investor of belong. Therefore, among third party enterprise, it is the most independent form of enterprise. And about incorporation qualification, foreigner investor can decide. Establishment has advantage that is possible by various form like CO., LTD.. Refer to Korean company's expansion to China, problem with investment contract and foundation procedure could be overcome through the previously fixed provision and method, in case that each party discuss the matter with sincerity. Therfore a staff who is going to enter into a contract for Foreign Investment Enterprise should check foundation procedure and relative provision with care, and study thoroughly whether each party's demand is contained in the written contract before signing.

중국의 기업투자환경 변화에 따른 중국기업입법의 변화분석

허동원 ( Huh Dong-won ) 한국외국어대학교 법학연구소 2007 외법논집 Vol.26 No.-

In this paper, China is background analysis that revise company law generally, Chinese enterprise connection legislative history and form introduction by investment climate change,Examined main contents of China company law that is revised sharply in 2005. On Dec. 29, 1993, the Corporate Law in China was enacted and promulgated in the fifth National People Congress and the standing committee and was come into force on Jul. 1, 1994. After that, the several articles(article 67, 229 etc.) were amended in Dec. 25, 1999. But there are many problems that applied the existing law provisions in the recent corporate system. The law maker in China knows about that matters, well. Therefore they will amend the same law for establishing and developing of the market economic system in socialism as well as solving the above problems. With the result, the many provisions of the same law was amended in Oct. 26, 2005 and was come into force on the Jan. 1, 2006. The amendment of the corporate law will not have a tremendous impact on our investment in china. Because the relation between the related law of foreign investment and the corporate law is a special law to a general law. However, as the amendment of the corporate law, the related law of foreign investment also can not but change and harmony in the corporate law. Consequently, the amicable investment environment of the wages or detergent benefit back whose also our country enterprise China is cheap forgets, Will have to establish corporate strategy that is correct in Chinese enterprise investment environment that is changing newly quickly.

수리불안전답에서의 벼 품종별 생육 및 수량구성요소 특성 변이 분석

김태헌,허연재,오성환,조준현,조준현,한상익,이종희,백동원,송유천,최원영,남민희,박동수,권영업,신동진 한국작물학회 2016 Korean journal of crop science Vol.61 No.1

Drought caused by global climate change is one of serious problems for rice cultivation. However, it was little reported the impact of drought on rice cultivation in Korea. In here, to assess impact of drought on rice varieties in Korean climate condition, growth characteristics and yield components of rice were compared on irrigated and partially irrigated rice paddy field. First, we have chosen 11 rice varieties including ‘Saeilmi’ and ‘Shindongjin’ which are widely cultivated in Korea. For partially irrigated rice paddy treatment, we have withheld irrigation from 25 days after transplanting and water supply was totally dependent on rainfall for rice cultivation. When we examined early plant height and tiller number of these varieties on partially irrigated rice paddy were reduced 1.6% to 18.4% and 10.4% to 33.1%, respectively, and these reduction rate were highly correlated with yield loss in our experimental conditions. Among rice yield components, panicle number was decreased 10.5% to 30.1% according to rice varieties and reduced panicle number was highly correlated with yield loss. Grain number per panicle, grain filling rate and 1,000 seeds weight did not have correlation with yield loss of rice varieties. These result means that growth stage, especially the tillering stage, is seriously affected by drought on rice cultivation in Korea. And we suggest that ‘Saeilmi’, ‘Ilmi’ and ‘Ilpum’ are good for rice cultivation on drought prone rice field in Korea.