時效制度의 效果에 관한 比較法的,批判的 考察

金占順 법조협회 1974 法曹 Vol.23 No.4

자기표현훈련이 불안감소에 미치는 영향

김점순,최미정 효성여자대학교 사회과학대학 학도호국단 1986 社會科學大學論文集 Vol.3 No.-

본 연구는 자기표현훈련이 불안감소에 어떠한 영향을 미치는지 알아보고자 불안이 높은 12명의 피험자들을 표현훈련집단(n=6)과 통제집단(n=6)으로 무선배정하였다. 표현훈련집단에게는 두명의 훈련자가 강의, feedback, 본보기, 과제물 주기등으로 구성된 표현훈련 프로그램을 2주동안(총 6시간) 실시하였고, 통제집단은 같은 기간동안 아무런 처치도 가하지 않았다. 2주간의 처치기간이 끝난 후 실험집단은 통제집단보다 상태 불안과 특성불안 모두에서 유의미한 감소를 보였다.

法律行爲의 無效와 取消

金占順 경북대학교 법정대학 1980 法大論叢 Vol.18 No.-

An agency without authority means all agencies that have been done by person who has no agent's authority. This is the case which has not agent's authority among the total elements of agency. There are two cases, of which one has no agency entirely and the other has agency but out of its limits. The existence of agent's authority is the absolute element to the completion of agential relationship. So, agency which pas no agent's authority is unable to occurr legal effect to the principal. But only there occur discharge and relationship of compensation for damage to the illegal act between the agency without authority and the other party. Whether agent's authority exists or not and the limit of agent's authority belong to the inside relationship between principal and agent, so it is true that it is difficult for a third person to know the fact with easy and correct. If all agencies which have been done by agency without authority are regarded as illegal problems, it makes the position of third person who does business with the agent very dangerous. And it goes against to the demand of business safety which is reguired in the current law. In this case, our civil law deals with the agent's right in two ways seperately. If there is a special intimate relationship between the principal and the agent without authority, the legal act with the agent occurs the same legal effect as the one which occurs to the act with the authorized agent. But if there is no such relationship, the civil law adapted the method which shares the special responsibility to the agency in order to maintain the trust of the system of agency and the safety of transaction. The former is called apparent agency, and the latter is called the agency without authority in the narrow meaning. The agency without authority of narrow meaning in our civil law is similar to the law of Western-Germany Art. 177-Art. 180 and apparent agency is just as the same to the Art. 170 Art. 173, and to the debtlaw of Switzerland (clause, 3, Art.43, Art.37, Art.39) and the civil law of France (Art.2005, Art.2009, Art.1997, etc……) have the same idea. It is a common idea of the modern-law to protect the safety of transaction in the system of agency.

法律行爲의 無權代理

金占順 경북대학교 법정대학 1980 法大論叢 Vol.18 No.-

The legal act in Civil Law assists that the effect which is occurred by the will of person concerned. But, sometimes, for Keeping the whole rules of law and protecting the concerned person in the principle of balance, there is a case which inhibits the occurrance of the legal effect. This is the system of nullity and cancellation. Case of cancellation is legal act by the person with incapacity of behavior, expression of will by error, declaration of intention by fraud and compulsion, etc. In a word, the nullity of the legal act as the nullity of declaration of intention means that there is no occurrance of the legal effect from the first originally. The cancellation of the legal act means that the legal effect can be reversible if the person who has right of cancellation cancels it, even though the legal effect occurs effectively.

離婚朽의 未成年子의 處理

金占順 경북대학교 법정대학 1965 法大論叢 Vol.4 No.-

父子關係의 認定에 關한 比較法的 考察

金占順 경북대학교 법정대학 1973 法大論叢 Vol.11 No.-

婚姻外의 子(私生子)에 對한 强制認知가 孤兒政策에 미치는 影響

金占順 경북대학교 법정대학 1974 法大論叢 Vol.12 No.-

民法에 있어서 無權代理制度의 現代的意義

金占順 慶北大學校 1975 論文集 Vol.20 No.-

Ⅰ. The representation system shall be expressed that a representative acts as a substitute of the principal, when a legal act or receipt is performed the legal effects revert directly to the princpal. It is the principle that effects of legal act revert to one who does legal act. But representation system is an important exception to this principle. This is a system that effects of legal act revert to the one who doesn't the act. The representation system was not recognized in ancient law and Roman law of anterior epoch. Generally speaking in ancient times house-holder(Paterfamili´as) only could do legal act independently, and house-child(Filiusfamilias) and slave(servus) couldn't do it independently, but it could serve as a messenger of house-holder, so there was no necessity of the reprsentation system. As social life was becoming complex and legal relations being complicated, they recognized the necessity of representation system, So, Roman law of posterior epoch, trust system which resembles representation system was authorized. However, in Canon law (Jus canonicum), according to legal maxim of Roman law that a thing which could be done by one could be done by others, the system of all Canon law accepted the representation system. So, it was developed extremely. In German and England of moden epoch, trust of indirect representation system did a role as the representation system. Since 17 C. representation system had been introduced to modern civil law as a independent legal system. For the representation act, the reception of authority by the principal is an absolute requirement. By the way, in this circumstances, representation without authority means all the representation acts done by a self-styled representative without the authority which is fundamental requirement of the act. Originally, the existence of authority is an absolute requirement for the formation of representative relation, so, the act a representative who has no authority can't make any legal effect, It only occurs the relation of responsibility between a representative to the other party. Because the presence and scope of authority belongs to the interior relation between a principal and a representative, other party can't know this relation exactly and easily. If all the acts of a representative without authorrity are treated as illegal acts, the position of the person who traded with the representative may be very dangerous and this opposes to the idea of the safty of trade in modern law. In civil law, the representative without authority is divided into two cases and treated separately, i.e. ① in such a case that it appears there is a close relation between the principal and the representative without authority, it forms the same legal effect with true represetative act, and ② in case there is no relation between them, the representative without authority is responsible. The purpose of this is for the maintenance of credit and safety of trade. The former is called the apparent representation and the latter, the representation without authority in a narrow sense. Ⅱ. (1) Apparent representation means that there is a credible reason to believe from the other party the existence of the authority without the authority in fact. In this case, to the principal, it occurs the same legal effect as the case of the representation with authority. Generally, in this case, it is the idea of the civil law to maintain the safe trade and to protect the other party who is well-intentioned and not negligent in believing the existence of athority. It is a principle that the principal who made believe the existence of authority should receive the result of the representation act without authority. However, in fact, the apparent representative is the representative without authority, so, the other party can repeal his legal act and the principal can ratify the act dond by the representative without authority. There are three forms in apparent representation. The first is such a case that the principal expressed the intention to bestow the authority to the apparent representative, but he doesn't do in fact. Nevertheless the apparent representative does a legal act with the other party in the scope expressed. The second is the case that the true representative does a legal act beyond the scope of authority. The third is that the representative does a legal act in the scope of the authority after it lapsed. Ⅲ. The representative without authority in narrow sense means that the one who has not the right expresses as a representative of the principal, and odes a legal act and there is no special reason to recognize as a apparent representative. This is the case that the three types of apparent representative are not concerned with it. Principally, in the legal act of the representative without authority of narrow sense, there occurs no serious legal problem about the representative act between the principal and other party. But in civil law, it prescribes as follows; for the protection of social credit about representation system and safe trade, first, the principai could ratify or refuse the legal act, second, the other party who is well-intentioned could repeal the legal act or notify his intention to ratify or not to the principal in a suitable period of time, and third, if the principal does not ratify, the representative without authority is responsible entirely for his legal act, i.e. the representative without authority should carry out the legal act as it is, or he is responsible for the damages owing to the illegal act.

女性의 地位

金占順 대구효성가톨릭대학교 사회과학연구소 1989 女性問題硏究 Vol.17 No.-

Leaf Blight of Ailanthus altissiman Caused by Phytophthora boehmeriae

김점순,김병수 한국식물병리학회 2004 Plant Pathology Journal Vol.20 No.2

A leaf blight disease was found on Ailanthus altissiman growing in the Manchon Mountain Park in Daegu city. When isolated, the causal fungus readily formed sex organs, being homothallic. Oogonia were spherical, 19.5-42.9 μm in diameter with an average of 29.4 ± 4.2 μm. Antheridia were amphigynous, round to ovoid, and measured 11.3-15.0 μm long and 12.5-14.5 μm wide. Oospores in the oogonia were spherical, 26.1-29.0 μm in diameter. Sporangia that formed in water were spherical to sub-spherical with a conspicuous papilla and measured 19.5-56.6 × 15.6-44.9 μm with an average of 44.0 ± 8.7 × 32.7 ± 6.3 μm. The mean length/breadth (l/b) ratio was 1.35. Papillae were 3.9-11.7 μm high and 3.9-9.8 μm wide. Sporangia formed slowly on V8 juice agar medium when cultured under fluorescent light at 12-hour alternation. The sporangia that formed on the agar medium were more spherical and measured 26.5-39.0 × 23.4-35.1 μm with an average of 33.6 ± 3.4 × 28.2 ± 3.2 μm and l/b ratio of 1.19. Disease symptom was reproduced by artificial inoculation of the healthy plants with the isolate. The causal organism was identified as Phytophthora boehmeriae on the basis of its morphological characteristics.