Earticle

본 논문에서 필자는 재귀사의 결속과정에서 나타나는 지시현상을 고찰하 였다, 특히 결속현상에서 대상을 손으로 가리키거나 특정어휘가 초점을 받 는 경우를 살펴보았다. 이 방법을 통하여 필자는 자기와 같은 짧은 재귀사 는 고유한 재귀적 속성을 갖지 못하고 화자의 의도에 의해서만 결속됨을 확인 했다. 반면에 긴 재귀사들은 화자의 의도가 필요 없는 본래 재귀적인 지시를 선행사로부터 상속 받음을 확인했다. 일련의 이런 결과는 결속원리 가 결속변항 현상만을 제약한다는 기존의 가설에 의문을 제기하기에 충분 한 것 같다. 게다가 지시효과는 재귀대명사뿐만 아니라 한국어의 공대명사 의 결속현상에 커다란 영향을 주는 것으로 확인 되었다. 이글에서 필자는 재귀사들의 결속 방식을 고찰 했는데, 이러한 결속 현상은 언어마다 상이함을 드러내고 있는 것 이 사실이다. 따라서 어떤 이론으로도 그 본질을 포착하기가 어렵다는 말로 결론을 내리고자 한다.

Background: Quantitative real time reverse transcription PCR (qRT-PCR) is one of the most important techniques for gene-expression analysis in molecular based studies. Selecting a proper internal control gene for normalizing data is a crucial step in gene expression analysis via this method. The expression levels of reference genes should be remained constant among cells in different tissues. However, it seems that the location of cells in different tissues might influence their expression. The purpose of this study was to determine whether the source of mesenchymal stem cells (MSCs) has any effect on expression level of three common reference genes (GAPDH, β-actin and β2-microglobulin) in equine marrow- and adipose- derived undifferentiated MSCs and consequently their reliability for comparative qRT-PCR. Materials and methods: Adipose tissue (AT) and bone marrow (BM) samples were harvested from 3 mares. MSCs were isolated and cultured until passage 3 (P3). Total RNA of P3 cells was extracted for cDNA synthesis. The generated cDNAs were analyzed by quantitative real-time PCR. The PCR reactions were ended with a melting curve analysis to verify the specificity of amplicon. Results: The expression levels of GAPDH were significantly different between AT- and BM- derived MSCs (p < 0.05). Differences in expression level of β-actin (P < 0.001) and B2M (P < 0.006.) between MSCs derived from AT and BM were substantially higher than GAPDH. In addition, the fold change in expression levels of GAPDH, β-actin and B2M in AT-derived MSCs compared to BM-derived MSCs were 2.38, 6.76 and 7.76, respectively. Conclusion: This study demonstrated that GAPDH and especially β-actin and B2M express in different levels in equine AT- and BM- derived MSCs. Thus they cannot be considered as reliable reference genes for comparative quantitative gene expression analysis in MSCs derived from equine bone marrow and adipose tissue.

As globalization has been accelerating, both multi-culture and multilingual have been proceeded. Council of Europe reported CEFR (Common European Framework of Reference for Language) on language education for forty years. By suggesting CEFR based on Learning, Teaching, and Assesment of Europe, it has been reported after 1950. As multi-culture and multilingual have been spreading aorund the world, and languages enable to comprehend and accommodate other cultures, CEFR has been spreaded not only in Europe but Asia. This study defines language ability and significance of education based on its ideology, purpose of education and CEFR. It is pointed out t hat the teaching of translation may help the language learner to improve students the communicative competence. CEFR defined the language activities. This paper claims that language teaching may be completed with teaching of the languages. Korean intellectuals depend heavily on the translation for their knowledge. It is urgent for the students to develop language competence by learning translation. This paper shows how to teach translation in university level class. It is found out that students improve their Japanese communicative competence by translating Japanese into Korean and vice versa. It also considers the practice and assignment of CEFR when it comes to Japanese education in Korea.

European Committee, to enhance the integrity EC acquis, proposed the Common Frame of Reference(CFR) in "Communication from the Commission to the Council and the European Parliament on European Contract Law" 2003. CFR has several purposes; to propose general frame of uniform terms and rules in reviewing the revision of EC acquis; to be the reference in reviewing the necessity of optional instrument in the area of contract. European Committee gave an order to the Study Group on a European Civil Code(the Study Group) and the European Research Group on Existing EC Private Law(Acquis Group) to make a draft of CFR. In 2007, the Study Group and the Acquis Group submitted the outcome to the European Committee, and the Draft of Common Frame of Reference(DCFR) was open on the internet and published February 2008. However that DCFR was an interim outline edition, and it didn't contain Comment and Note. The final edition will be published on October 2009. Book II, III of DCFR is based on the rules of Principles of European Contract Law(PECL), but there is some difference. The deviations from PECL is due to the different structure and the coverage. For example PECL should be broadened to embrace the matters of comsumer protection. DCFR was also based on the Principles of European Law made by Study Group and the Acquis Group and its output contributed to the task of ensuring the EC acquis was properly reflected in DCFR. Book III of DCFR deals with the non-performance of contractual obligation and most of rules originated from PECL. The rules of non-performance in DCFR have two characteristics; firstly it rules out the fault principles and secondly it unifies the contractual liability. DCFR doesn't require fault for contractual liability. It means that the obligor is liable for non-performance not because it doesn't act with due care but because it has promised to perform. DCFR unifies the contractual liability. It means that DCFR has a unitary concept of "non-performance", which is failure to perform. "Non-performance" is a common requrirement for the remedies such as damages and termination of contract, and it includes the cases of initial impossibility, defects of things and failure of acceptance. DCFR is just the outcome of two research groups and not EC acquis. However it seems clear that DCFR is drafted to be a basis of CFR as an optional instrument of EC in the future.

Personal security is ruled in the Book Ⅳ Part G of the Draft Common Frame of Reference(DCFR). Personal security differ from proprietary security which is granted by the debtor or the third party. Proprietary security creates a preferential right for the creditor in on or more specific items of its property. By contrast, a security provider who assumes a personal security becomes liable to the creditor with all its assets. The part G of Book Ⅳ of DCFR consists of 4 Chapters, the main chapters are chapters 2 and 3 which deal, respectively, with the dependent and independent personal security. These core chapters are accompanied by two chapters, chapter 1 with common rules and chapter 4 with special rules for personal security of consumers. Article 1:101 (a) and (b) in chapter 1 define the two basic types of personal security, a dependent security independent security. Dependent personal security is an obligation by a security provider which is assumed in favour of a creditor in order to secure a present or future obligation of the debtor owed to the creditor and performance of which is due only if, and to the extent that, performance of the latter obligation is due. The dependent personal security ist characterized by the fact that it dependes upon the secured obligation which owed to the creditor by the debtor. Independent personal security differ from dependent personal security. Independent personal security is an obligation by a security provider which is assumed in favour of a creditor for the purposes of security and which is expressly or impliedly declared not to depend upon another person's obligation owed the the creditor. Its feature is the independence of the security provider's obligation to the creditor. The main rules on personal security according to DCFR are as follows. The dependent personal security is the milder form than the independent personal security. Paragraph of Article 2:101 establishes a presumption for assuming a dependent personal security in case of doubt. Article 2:102 of chapter 2 deals with dependency of the dependent personal security. The validity, extent and terms of the security obligation depend upon the validity, extent and terms of the secured obligation. With respect of liability of a dependent security provider, Articles 2:105 and 2:106 deal with 2 basic forms, which is either solidary or subsidiary. The rules of DCFR on personal security select the solidarity as the basic form of dependent personal security provider. However, consumer security providers benefit from subsidiary liability. The security provider does not know of the events of the debtor which are relevant for its position and possible steps to protect its interest. In this respect DCFR pays attention to the importance for the security of having the necessary information. In accordance with Article 2:107 the creditor is required to notify the security provider without undue delay in case of a non-performance or inability to pay of the debtor as well as of an extension of maturity. This rule is very important for the protection of the security provider, especially under article 2:111. In addition DCFR regulate the liability of the creditor if and in so far as due to the creditor's conduct the security provider cannot be subrogated toe the creditor's rights against the debtor and to the creditor's personal and proprietary security rights. Furthermore Part G of Book Ⅳ of DCFR postulate the obligation of the security provider before or after performance in articles 2:112 and 2:113. In respect of the independent personal security DCFR declare the independency of the independent personal security in article 3:101. Article 3:102 require the independent security provider to notify the debtor of a demand for performance, performance and the reason for the refusal, if the performance has been refused. With reference to the performance of the security provider the rules of articles 3:103, 3:104 and 3:105 are important. Afte...

본 논문은 「유럽계약법 공통참조기준 초안 (Draft Common Frame of Reference; 이하 공통기준 초안, DCFR)」에 따른 채무불이행법의 구조와 특징 및 개별 구제수단을 살펴보고 이로써 우리 민법의 해석과 개정방향의 시사점을 얻고자 하였다. 이를 위하여 우선 공통기준 초안의 작성경위, 규율영역과 전체적 구성을 소개하였고, 이어서 공통기준 초안의 채무불이행법의 특징을 크게 다음의 세 가지로 정리하였다. (i) 채무불이행법의 통일적․포괄적 구성 : 불이행의 포괄적 개념과 구제수단 중심의 채무불이행법 체계형성, (ii) 본래적 이행청구와 원활한 거래관계 보장 : 이행강제의 원칙과 예외적 배제, 추완청구 및 추완이행의 권리 강화, 채권자의 협력의무 등의 강조, 그리고 끝으로 (iii) 무과실의 엄격책임. 이러한 공통기준 초안의 채무불이행법의 중요 특징에 대한 소개 이후 본 논문은 채무불이행에 따른 개별 구제수단에 관한 규정, 특히 계약해제와 손해배상의 내용을 다루었다. 먼저, 계약해제와 관련해서는, (i) 그 요건에 있어서 ‘본질적 불이행 (fundamental non-performance)’이라는 통일된 기본요건을 설정하고 있으며, (ii) 반환의무의 내용에 관한 아주 상세한 규정을 두고 있다는 점을 그 특징으로 소개하였다. 다음으로 공통기준 초안에 따르면 손해배상은 과실을 요건으로 하지 않은 채 채무자의 예견가능성에 따라 범위를 정하도록 되어 있는데, 하자로 인한 확대손해에서는 이와 달리 취급하는 규정을 두고 있음을 함께 지적하였다. 공통기준 초안의 채무불이행법에 대한 이상의 분석에서 나타난 그 특징과 개별 내용 가운데 어떤 내용은 우리 민법의 해석과 개정에서 유익한 방향을 제시하고 있다고 여겨지는가 하면 (가령 채무불이행법의 통일적 구성, 계약해제에 관한 상세한 규율내용), 어떤 내용(가령 무과실책임, 채무자의 추완권)은 앞으로 더욱 연구하여 그 적합성을 검토할 필요가 있다고 결론지었다.

In this article, I shall review the general structure, characteristics and remedies for the Non-performance of the Draft Common Frame of Reference (hereafter DCFR) and then make suggestions for the interpretation and revision of our Civil Code. For this purpose, this article introduces how the DCFR was made, its coverage and structure. The three major characteristics of Non-performance of the DCFR are as follows: (i) unified/ comprehensive structure of Non-performance : formation of the comprehensive concept of Non- performance and the structuring of Non-performance based on the remedy; (ii) guaranteeing specific performance and stable contractual relationship : principles and exceptions of specific performances, strengthening of the right to require debtor’s performance and the debtor’s right to cure, stressing of the obligation to cooperate with each other, and finally; (iii) faultless strict liability. After introducing the characteristics of Non-performance of the DCFR, this article studies respective clauses of remedies for the Non-performance, especially the termination of the contractual relationship and the compensation for damages. Regarding the termination of the contractual relationship, this article introduces couple of characteristics; (i) that the DCFR regulates ‘fundamental non-performance’ as its unified condition, and (ii) that there are many detailed clauses for restitution. Then, according to DCFR, the compensation for damages does not assume fault as its condition, setting its scope in accordance with debtor’s predictability, with exceptional clauses for extended damages with flaws. From the above analysis on the Non-performance of the DCFR, I have concluded that there are positive characteristics suggesting valuable directions for interpreting and revising our Civil Code (such as the unified framework of the Non-performance, detailed clauses for the termination of the contractual relationship), however, there are also some other characteristics (such as strict liability, debtor’s right to cure) that needs to be studied further for its application.

Korea has witnessed an increasing number of commercial transactions using a trust for past ten years. Trusts are known as a legal device having flexibility in design and expected to be used more in commercial as well as non-commercial transactions in Korea. The Trust Act of Korea (the "Trust Act"), however, has not been practically amended since it was enacted in 1961. Thus, many legal scholars say that the Trust Act should be modernized, reflecting changes in the market. Looking at the trust laws of overseas countries, the law of trust is not an exception in worldwide trend of harmonization of law. Principles of European Trust Law, which consist of eight principles, were published in 1999 in order to have common principles of the trust law and facilitate transactions in European jurisdictions. In addition, Draft Common Frame of Reference ("DCFR") published in February 2009 provides basic rules on trusts in its Book X. In comparison with Principles of European Trust Law, DCFR provides more specific rules on trusts. With respect to the establishment of trusts, DCFR has 13 provisions, following traditional views developed in the Court of Chancery in England. It elaborates, inter alios, the requirements for establishment of trusts-inter vivos trusts as well as testamentary trusts, requirements for self-declaration, rules on refusal of trust by an intended trustee and rejection of beneficial interests by a beneficiary. It also provides provisions regarding priority of rules of succession law over the trust law and whether trusts or gifts are created in certain instances. This article explains basic rules on the establishment of trusts provided in DCFR. This introduction will shed some lights on how the Trust Act should be amended and modernized to be harmonized with the trust law of other countries.

Draft Common Frame of Reference is the academic work, prepared by two research groups at the delegation of the European commission, containing principles, definitions and model rules of European private law. This impressive work is not only significant in the realm of European private law, but also in the context of Korean private law as well, which has constantly been influenced by European private law. Although it is good to be acquainted with the contents of the DCFR, it is equally important to understand where DCFR stands in the past,present, and the future of European private law. For some years, DCFR has been the focus of huge controversy in various aspects. Its relationship to the idea of the European Civil Code, the solidness of the common legal infrastructure of the European private law on which it stands, and its position as to the fundamental values of the private law have especially been subject to fierce controversy. Apart from the debate concerning these issues, the European Union is pressing forward with the next idea of “Instrument of the European Contract Law”, based on the contract law part of the DCFR, which will significantly affect the future of the European Contract law. Anyhow, DCFR will be remembered as a huge leap in the road to the integration of European private law. The contract law part is likely to serve as the meaningful stepping stone to the integration of European contract law, while the other parts are likely to remain as a mere academic work that might benefit future efforts in its kind. A close observation on the process of making DCFR and the controversy that followed also gives us some implications that we need to dwell on. Among these implications, I have argued that expansion of the role of the comparative analysis, competition between legal regimes, and the emerging significance of the fundamental values of private law are particularly noteworthy.

Background: Quantitative real time reverse transcription PCR (qRT-PCR) is one of the most important techniques for gene-expression analysis in molecular based studies. Selecting a proper internal control gene for normalizing data is a crucial step in gene expression analysis via this method. The expression levels of reference genes should be remained constant among cells in different tissues. However, it seems that the location of cells in different tissues might influence their expression. The purpose of this study was to determine whether the source of mesenchymal stem cells (MSCs) has any effect on expression level of three common reference genes (GAPDH, ${\beta}$-actin and ${\beta}2$-microglobulin) in equine marrow- and adipose-derived undifferentiated MSCs and consequently their reliability for comparative qRT-PCR. Materials and methods: Adipose tissue (AT) and bone marrow (BM) samples were harvested from 3 mares. MSCs were isolated and cultured until passage 3 (P3). Total RNA of P3 cells was extracted for cDNA synthesis. The generated cDNAs were analyzed by quantitative real-time PCR. The PCR reactions were ended with a melting curve analysis to verify the specificity of amplicon. Results: The expression levels of GAPDH were significantly different between AT- and BM-derived MSCs (p < 0.05). Differences in expression level of ${\beta}$-actin (P < 0.001) and B2M (P < 0.006.) between MSCs derived from AT and BM were substantially higher than GAPDH. In addition, the fold change in expression levels of GAPDH, ${\beta}$-actin and B2M in AT-derived MSCs compared to BM-derived MSCs were 2.38, 6.76 and 7.76, respectively. Conclusion: This study demonstrated that GAPDH and especially ${\beta}$-actin and B2M express in different levels in equine AT- and BM-derived MSCs. Thus they cannot be considered as reliable reference genes for comparative quantitative gene expression analysis in MSCs derived from equine bone marrow and adipose tissue.

Background: This is an experimental study conducted to assess whether the fibular head is a reliable reference point to identify the position of the common peroneal nerve at the posterolateral corner of the knee. Materials and methods: Twelve cadaveric knees were dissected through the lateral approach. The common peroneal nerve was identified and traced. The location where the common peroneal nerve crossed the posterior border of the biceps femoris and the posterior border of the fibular neck were designated as points B and N, respectively. The tip of the fibular head was designated F. Distances FB and FN were measured and the triangular area FBN was calculated at various degrees of knee flexion. Results: During knee motion, distance FN showed minimal change and was not affected by variation in degrees of knee flexion (p = 0.131). Distance FB and distance BN were affected by variation in degrees of knee flexion (p < 0.001). Triangular area FBN increased in size up to 60° of knee flexion measuring 621.22mm2 and subsequently decreased with further knee flexion. Conclusion: The common peroneal nerve can consistently be found at approximately 20.7 ± 1mm on the fibular neck with respect to the tip of the fibular head. The tip of the fibular head is a consistent landmark that can be used to predict the position of the exit point of the common peroneal nerve at the posterolateral corner of the knee.

Gibt es Grunde, die dafur sprechen, dass das literarische Lesen eine hohe Beachtung innerhalb des Gemeinsamen europaischen Referenzrahmens fur Sprachen genießen sollte? Diese Arbeit untersucht die Position des erwahnten Dokumentes gegenuber dem literarischen Lesen im Fremdsprachenunterricht. Zu Beginn und am Ende der Arbeit richtet sich die Aufmerksamkeit auf die Situation der Germanistik in Korea. In einem ersten Schritt wird das literarische Lesen thematisiert in Hinblick auf die Verstehensebenen im Prozess des Lesens und auf die Dimensionen, die das Lesen in der Fremdsprache von dem Lesen in der Muttersprache unterscheiden. Dabei soll ein kurzer Uberblick daruber gegeben werden, wie das Lesen in der Fremdsprache uberhaupt funktioniert und welche Faktoren zu berucksichtigen sind, wenn man Literatur als Mittel zur Realisierung interkultureller Lehr- und Lernziele im Fremdsprachenunter- richt einsetzt. Im Anschluss wird die Position des Gemeinsamen europaischen Referenzrahmens fur Sprachen gegenuber dem literarischen Lesen naher betrachtet. Schließlich wird versucht, die aus dieser kurzen Analyse gewonnenen Erkenntnisse in Beziehung zur Germanistik in Korea zu setzen.

This study aims to design an English writing test including its scoring rubric for the 3rdgrade of high school in Korea and explore the test validity in comparison with Common European Framework of Reference for Languages (CEFR). From analysis of the national curriculum of high school English, two different test tasks with a controlled writing and a short essay writing were tested, both of which are two objectives of the revised 7th National Curriculum (2008) of high school English. I also designed a new writing scale with four categories and 6 levels from 0 to 5 with reference to some international writing scales and the data from writing samples of students. The t-test result showed that the two rating scales rated the test tasks similarly and the degree of difficulty of the two tasks is similar, when rated by both scales. In predicting test takers’ English proficiency levels,more categories of the new scale showed significant difference than CEFR. As for predictability, ‘Grammar’ of CEFR in a controlled writing task predicted best. Among the scale categories, ‘Content’ of the new scale is necessary to scrutinize for further study as it predicted the opposite to the proficiency test result and showed no correlation between the two task types. Lastly, both scales could differentiate test takers into three different English proficiency levels and the controlled writing task predicted their test results instead of the short essay writing task .

When X and Y have independent normal distributions with equal coefficient of variation, we develop the reference priors for different groups of ordering for the parameters. Propriety of posteriors under reference priors proved. A real example is presented to compare the classical estimator and Bayes estimator.

This paper presents a study on the state-of-charge (SOC) reference based active cell balancing in real-time. The optimal references of SOC are determined by using the proposed active cell balancing system with the bidirectional DC/DC converters via the dual active bridge (DAB) type. Then, the energies between cells can be balanced by the power flow control of DAB based bidirectional DC/DC converters. That is, it provides the effective management of battery by transferring energy from the strong cell to the weak one until the cell voltages are equalized to the same level and therefore improving the additional charging capacity of battery. In particular, the cell aging of battery and power loss caused from energy transfer are considered. The performances of proposed active cell balancing system are evaluated by an electromagnetic transient program (EMTP) simulation. Then, the experimental prototype is implemented in hardware to verify the usefulness of proposed system.

The use of periphrastic do with reference to the Book of Common Prayer. The Linguistic Association of Korea Journal, 31(4), 00-00. Chomsky’s Minimalist Program (Chomsky 1995 to 2019a,b,c) claims that language change can be explained as resulting from the resetting of parameters, where the parameters are seen as operating in the lexicon as feature parameters. Likewise, the origin of and changes in English periphrastic do or the do-support can be accounted for by parameter-resetting modulated by markedness. The dates of the two principal editions of the Book of Common Prayer (BCP), 1552 and 1662, roughly coincide with the periods of the rise and fall of the affirmative declarative do, respectively. It is claimed that, based on the data of BCP and others, the English parameter-resetting concerning the periphrastic do began, in the mid-16th century, from strong V feature Tense to weak V feature Tense.

Chomsky’s Minimalist Program (Chomsky 1995 to 2019a,b,c) claims that language change can be explained as resulting from the resetting of parameters, where the parameters are seen as operating in the lexicon as feature parameters. Likewise, the origin of and changes in English periphrastic do or the do-support can be accounted for by parameter-resetting modulated by markedness. The dates of the two principal editions of the Book of Common Prayer (BCP), 1552 and 1662, roughly coincide with the periods of the rise and fall of the affirmative declarative do, respectively. It is claimed that, based on the data of BCP and others, the English parameter-resetting concerning the periphrastic do began, in the mid-16th century, from strong V feature Tense to weak V feature Tense.