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8,500원
One of main features of Korean criminal judicature system with respect to juvenile delinquency is that the rate of prosecution is not only lower than in adult crime but also that of non-prosecution such as suspension of indictment is respectively high. But Juvenile delinquency is increasing quantitative. Specially, there is a growing recommitted crime rate for juvenile offenders. But the principle of juvenile protection is emphasized in the juvenile justice system because they are mentally immature. There are several international rules for the protection of juvenile delinquents as follows ; United Nations Convention of the Rights of the Child, 1989 : CRC United Nations Standard Minimum Rules for the Administration of Juvenile Justice(Beijing Rules, 1985), United Nations Guidelines for the Prevention of Juvenile Delinquency(Riyadh Guidelines, 1990), United Nations Rules for the Protection of Juveniles Deprived of their Liberty(Havana Rules, 1990) etc. But, in recent, some peoples advocate also the balanced and restorative justice in juvenile justice procedure. They say this system provides a framework for systemic reform and offers hope for preserving and revitalizing the juvenile justice system. Meanwhile, the Juvenile Act has several special provisions as to juvenile justice procedure. So, in this paper, I will excercise as to the principle of juvenile justice and current treatment of juvenile delinquents through a critical review and suggest several improvement measures for the efficient juvenile justice. Expecially, I will adduce the expansion of police discretion and police diversion in the juvenile justice system. Because the police are the authority which faces the juvenile delinquents for the first time in the juvenile justice procedure against them, the juvenile delinquents can be release in its early stages of the justice procedure against them through police release with a warning and guidance. And I will emphasize the importance of programme for juvenile delinquents and the improvement of their environment.
8,100원
The concept of real property depends on the time and place. It can be expanded or reduced, depending on the point of view. Therefore, we need to confirm the concept of the real estate. Thus, according to Article 99(Real Estate Provisions) of Korean Civil Code, lands and their fixtures are regulated as real property. The concept of land is simple, but fixtures are very diverse and their legal relationships are very complicated. Although real estate concept is defined by the law, but it is still unclear because of fixtures. There are three types of fixtures in the Korean legal system, and they are treated differently. The first things are independent fixtures, which are buildings. Land and the building are treated in the same way. The second things are dependent fixtures, which are road paving, pedestrian overpass, Stone steps, stone walls, bridges, and so on. They are a part of land. The third things are semi-dependent fixture, which are trees, a tree, fruits, and so on. In principle, they are treated as dependent fixtures, but sometimes they are treated as independent fixtures, under certain conditions, according to the agreement of the parties. In Western countries such as Germany, France, England, fixtures are a part of real property, and lands and buildings are an integral part of real property; however, in Korean legal system, land and buildings are treated as a separate and independent object, even though our legal system followed the German legal system. The real estate ownership in Korea was formed by japanese occupation and annexation because Japan forced us adopt their legal system, However, after the liberation, we have embraced Japanese law uncritically. Even though late, it is time to redefine the concept of the real estate. As mentioned above, because of the notion of the fixtures, real estate concept is unclear. one way to clarify the concept of a real estate make every fixture become part of real property as in Germany. To the end, we need to amend the Korean Civil Code. Especially, the building need to be treated as a part of land. We know that it is very difficult task and takes a long time, but we should try to change our legal system of real property. Otherwise, we will experience legal disputes relating to the real estate, and a huge waste will continue.
7,900원
Recently, there has been increased awareness of the importance of private data protection laws due to frequent private information leaks. As a result, The personal information protection law established in March, 2011 has caused both institution and policy changes differently from the personal information protection of the existing law. Constitutionally, there are diverse rights concerning the protection and utilization of personal information. It is very important to study about these protection and utilization. The importance of preceding this study in advance lies in the fact that the improvement direction and contents of related legal system can be concretely and systematically suggested afterward. In principle, the constitutional right to self decision of personal information is the right to decide to open and use personal information for themselves. However this right to self decision of personal information doesn’t vest absolute control respecting own information to each individual. We can not deny, of course, that there exist conflicts between the right of decision for personal information and the right of opening and using personal information to the public. The European Union made more progress in this field and it can be known that, on Dec. 2009, Treaty of Lisbon stipulated personal information protection right as an independent basic right under the Constitution. Under these circumstances, the significance of bringing the right of protection of personal information within the fundamental rights and ascertaining the difference between stipulation and non stipulation must be scrutinized.
6,900원
The country’s current lawsuit system is centered on protest suits and party suits, which are subjective lawsuits, not only in the area of civil suits but also in that of administrative litigations. Under such a system, only the party whose legal interest is infringed can raise a lawsuit based on an individualistic philosophy. However, it is necessary for people to maintain stricter control and watch over environment- or consumer-related administrative matters or invasions of state finance, i.e., taxpayers’ money, through false claims, under the current lawsuit system centered on subjective lawsuits, as the said matters have little to do with individuals’ subjective interest. As for public administration-related matters, which have a close relationship with individuals’ interests, private lawsuits filed by individuals to protect their interests may work to control them, but public administration-related matters that do not (i.e., that are purely of a public nature) are likely to be left to the public administration’s self-regulation, which means they remain outside the people’s efficient control. This is a result of the country’s lawsuit system being based on an individualistic philosophy. No one will dispute that the purpose of public administration (or administrative law) is the realization of the public good. Under a false-claims law, non-stake-holding, ordinary people, either alone on behalf of the state or jointly with the Justice Minister, may file a lawsuit against a party that has inflicted losses or damages on the government by fraudulent means and may be paid part of the money recovered from such a party asa reward. Looking at the United States, the amount of government budget recovered through the Qui Tam lawsuits filed under The False Claims Act came to $58 billion in the 1987~2010 period. It also has the effect of preventing budgetary waste. The Act was amended twice in 2009 and 2010 following an overall amendment in 1986 with the aim of achieving greater efficiency as a strong tool against false claims.
7,500원
The purpose of this study is to examine the change process of the land system of North Korea, and to try to find how to rearrange its system in the unification. it is desirable to examine the land system of the part of North Korea from the viewpoint of South Korea. About sixty years have passed since 1945, when Korea divided into South and North. For half the century, the discussion on the unification has been an issue. Although North Korea which shows severe economic hardships have not outwardly accepted the danger of the destructive system, we can recognize that there are inwardly economic disruption and food hardships, which were problems with the past socialist system. Therefore, there are increasing likelihood that the unity of the Korean peninsula will come true very soon. Land system in South and North Korea has basic difference of such an extent that any effort to find point of reconciliation between them is hopeless. In particular North Korea has been stuck with Socialistic concept of property possession adamantly more than any other Socialistic countries of the world. Accordingly there will be numerous difficulties and challenges for applying our system of Land as it is to post-unification North Korea. The issue of land ownership in unified and socialist transition countries has risen to the basic problem with life. Since the issue has been a major point of debate in the part of North Korea, we should prepare its measures and solutions. This study established gradual privatization as a basic direction, in which combined privatization (onerous and free distribution) are promoted, in order to minimize the confusion caused by newly secured land in the unification and to ensure efficient system of land management. Specially, this study focused on how to decide and register the ownership of the land which was nationalized without compensation or which used by North Korean as a temporary user. I mainly discussed on granting the land ownership through land auction and public rental system of land or granting the land use right through rental system as a gradual privatizing plan after nationalizing the land. For achieving combined gradual privatization (onerous and free distribution), related institutes need to study and examine more concrete lawful, administrative, and systemic measures afterward such as support programs for the North Korean, introducing the concept of the land pubic auction system, countermeasures for preventing from North Korean land speculation and so on.
6,000원
The problem in related to transfer of business and labour relation is focused on that it will be transfer labour relation of business owner as assigner ,and laborer or laborer organizations to alienee on the same terms without special conclusion of the juristic act such as cancellation or termination. However, the root of the problem lie in the transfer of the all the matter that based on the labour contract - in the final analysis, labour union's status joined by labour, and that collective agreement, regulation of employment. For this reason, it takes a position coadjacent to fair succession theory in that the premise is the consent of labour in related to the transfer of labour relation on business assign in judicial precedent, we have to differently suppose to each matter via piecemeal approach.
7,900원
In Koreannational law, the concept of indirect expropriation does not existed, so it is difficult to directly introduce this concept. Of course, related to the Free Trade Agreement (FTA) between Korea and United States, indirect expropriation may not directly influencing national legislation. However, due to the restriction of government regulation,when there is damagein companies, if property rights and the principle of equality become issues between domestic enterprises and foreign companies, the indirect expropriation should be seriously considered to be introduced. Therefore, we need to theoretically approach the question of, what are the consequences of indirect expropriation if it is introduced to the national legislation rather than judge whether or not it will advantageous or disadvantageous. In addition, if Korea forms the FTA with developed countries such as the United States, inother words, Korea approves indirect expropriation; the government's regulatory policies will be challenged. This will cause a national risk by the ISDthat cannot be ignored. Of course, for the FTAindirect expropriation controversy about the constitutionality of the constitutional fundamental is the issue that is difficult to solve if not impossible. However, with the improvement of national legislation, this issue can be resolved to some extent. In another words, national laws need to be reconsidered such that the infringement of property rights due to excessive regulations are to be prevented beforehand, and fair compensation is made posteriorly. Especially, since Korean citizens need to be rational and effective when they use its territory, acquiring land requires more sociality and publicity than any other property right. However, unlike the situation in Korea where land is extremely limited, the United States has largely available lands, so in the case of United States, government intervention in land use and development is relatively less. Therefore, the citizens’ basic perspectives on property right and in South Korea and the United States are different, and the respective law systems are not easily comparable, so the same standards and procedures on prevention of property rights’ violation cannot be adapted. Thus, the constitutional provisions and related institutions which bring unconstitutionality of FTA need to be amended according to the reality. In conclusion, when FTA indirect expropriation is accurately analyzed, national laws can be positively amended. It is urgent to develop regulations to maximize national economy for the already announced FTA.
7,300원
Support Act of the social enterprise social enterprise in Korea, institutional arrangements and apply enough leverage, examines whether the current. For social enterprises through social enterprises Promotion Act and institutional status of ruminants to gain a foothold is looking to revisit Based on this legal limits. Therefore, in this paper, and key institutional role of social enterprises Promotion Act Mexicans protesting Furthermore, institutional and social limitations that apply to that you want to narrow the gap between alternative covers. In the first chapter, look at the background to develop social enterprises, the second chapter looks summarize Support Act of the social enterprise based on this Background. Third chapter take advantage of social enterprises Promotion Act of contents, expand, improve recognition, the local economy, and certification procedures, and in-depth analysis, and the fourth chapter to finish the legislation on social enterprises look at this paper, we discuss ways to apply should.
전환사채의 저가발행과 배임죄 - 삼성 에버랜드 사건을 중심으로
동국대학교 비교법문화연구원 비교법연구 제12권 2호 2012.10 pp.279-301
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6,000원
Korean financial sequence 1 is the Samsung Groupby by far. Large and heavy proportion in the national economy, global groups equally representing the Republic of Korea, Samsung is Economic justice and moral responsibility in leading companies to walk as much as much. Since 1995, Chairman Lee Kun-hee, Lee Jae Yong to the right to manage the process of succession that began Samsung Everland Inc., Lee Jae Yong, the following year, in 1996 for the purpose of the succession of the right assigned by issuing convertible bonds as a low-cost. Penal misappropriation low-cost issue with a specific person assigned to the case of convertible bonds, appropriate Key issues. Samsung Everland, killing 1-core and 2 abandoned in accordance with the instructions of the Secretary and the total number of warrants of directors of the corporationis is planted (shareholders executives) for the position that water on its misappropriation. but the Supreme Court Friday, May 29, 2009 on the Supreme Court that it does not constitute a misappropriation of directors. traders typically indolent that is nominal. Brand products to display the title. Readers representing the brand companies' brand designation. Such trade names, trademarks, brand indicating the competitiveness of enterprises. In other words, trade names, trademarks, and brand value of the company's brings intangible thing. The facts and the judgment of the target as follows: Suppose otherwise. For example, in the case of Samsung Everland convertible bonds agreed to by all the shareholders had assigned to Lee Jae Yong suppose. Reigns expedient trade names, trademarks, corporate succession, the damage to the brand image. Eventually trade names, trademarks, brand damage for the company's damages will bring. The detriment of the company that would undermine the economic value of shareholders' equity. There is a need to look at whether or not recognized attention misappropriation of one man Shareholders. one man shareholder ⌜ shareholder= company ⌟ the equation is not growing. one man shareholder and CEO self-imposed if the criminal damage to the company shall constitute a Breach of Trust. Samsung Everland convertible bonds incident succession of grim expedient by the succession now reigns Chairman Lee Kun-hee Lee Jae Yong. Samsung Everland convertible bonds in the case of Samsung suffered a blow to the image of the company. Samsung companies, trade name, trademark, had an adverse effect on the economic value of the brand. Samsung Everland convertible bonds events can be seen that undermine the economic benefits of all shareholders of Samsung. Samsung Everland convertible bonds in the case together, I saw that, determined that corresponds to Breach of Trust.
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