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Die neuzeitliche Staats- und Rechtsphilosophie beginnt mit dem “Leviathan” von Thomas Hobbes. Dieser umstrittene Begründer des Modernen geht bekanntlich davon aus, dass jeder Mensch im Naturzustand eine unbegrenzte Freiheit und Gleichheit genießt, die er mit dem Begriff der natürlichen Rechte zusammenzufassen versucht. In diesem Naturzustand herrscht jedoch der Krieg aller gegen alle, gerade weil jeder sine natürrliche Rechte frei und gleich ausüben kann. Um diesen Zustand zu überwinden sollen alle Menschen einen Vertrag abschließen, mit dem sie erklären, auf ihre Rechte samt und sonders zu verzichten. Dadurch entsteht allerdings noch kein Staat. Denn die bloße Verzichtserklärung gründet noch keine gemeinsame Gewalt. Wenn die Vertragsparteien einen Souverän authorisieren, damit er als einzig höchster Gewalt alle „innerstaatliche“ Rechte in seiner Hand monopolisiert, erst dann kommt ein souveräner Staat zustande, den Hobbes mit dem biblischen Ungeheuer “Leviathan” tituliert. In dieser Hinsicht ist der Leviathan ein Menschenwerk, d.h. ein von Menschen geschaffenes Konstrukt. Deshalb läßt sich zweifelsohne sagen, dass die Idee des Individualismus bei Hobbes wenigstens von der Genesis der Theoriekonstriuktion her eine entscheidende Rolle spielt. Allerdings bleibt die absolute Herrschaft des Souverän, die unumschränkte Gewaltoberhoheit von dieser individualistischen Genesis unberührt. Der Souverän und seine Gesetze kennen keinen Individualismus, und die individuelle Freiheit schmelzt sich in einem gigantischen Hochofen namens “Leviathan” ab. So gesehen, trennt sich die absolutistische Geltung bei der Staats- und Rechtsphilosophie von Hobbes von der individualischen Geltung strikt ab. Vor diesem Hintergrund versucht die vorliegende Abhandlung anhand des Textes von Hobbes zu zeigen, dass das Schlüsselwort „Individualistscher Absolutismus“ trotz oder sogar wegen seines widersrprüchlichen Implikationen nicht nur ein mögliches, sondern auch ein notwendiges Schlusswort für eine dem Text gerechte Hobbes-Interpretation ist.

Jeong Beom Seok was born really from 1916 January 20th Gyeongsangnam-do Hwam-yang. He 2001 August 31st gruel until time endeavors in education of the next generation, was scholar who devotes in research of the civil law study to live the life where the humor overflows. Researched the world of the study which Jeong Beom Seok lifetime accomplishes from the present paper. and researched what kind of Legal Thought as a matter of investigated above establishing the study. Jeong Beom Seok was about the civil law whole a many research achievement. but from the present paper there was to a family legal field and investigated his Legal Thought a matter of. Legal Thought of Jeong Beom Seok is asserted specially as a matter of `liberalisms' and is `utilitarianism'. Also, Jeong Beom Seok had a progressive accident and only penetrated the world of law. So, sometimes, which is Jeong Beom Seok 's progressive ideology and our Family Law feature which is a conservativeness and a custom characteristic did occurrimg the opposition of opinion. The such actual condition appeared inevitably with `minority opinions '. In the present paper compliance with investigates from Jeong Beom Seok's the progressive accident doing to penetrate in law research, and family legal field is a possibility of knowing.

Chapter 15 of United States Bankruptcy Code incorporated the UNCITRAL Model Law on Cross Border Insolvency in 2005. The law provides solutions to problems which arise in connection with cross-border bankruptcy, allowing US courts to issue subpoenas, orders to turn over assets, the issuance of stays on pending actions, and orders of other types as circumstances dictate. The ancillary proceeding permitted under Chapter 15 is often a more efficient and less costly alternative to initiating an independent bankruptcy proceeding in the United States. It also avoids the conflicts which could arise between the jurisdictions involved in two independent bankruptcy proceedings initiated in connection with the same debtor. Chapter 15 also establishes mechanisms for the cooperation between US and foreign courts and representatives regarding proceedings which involve the same debtor. Under Chapter 15 a representative of a corporate bankruptcy (insolvency) proceeding outside the U.S. can obtain access to the United States courts. It allows cooperation between the United States courts and the foreign courts, as well as other authorities of foreign countries involved in cross-border insolvency cases. In Korea, from 2006, the new era of insolvency law governing international insolvency began. The previous three bankruptcy laws - Bankruptcy Act, Composition Act, and Corporate Reorganization Act - have been merged into, and were replaced by, the Debtor Rehabilitation and Bankruptcy Act of Korea (DRBAK). One of the most important changes on the Act is the introduction of modified universalism of an international insolvency part by adopting the UNCITRAL Model Law. This Paper introduces international insolvency law regime of United States. By comparing U.S. Bankruptcy Code Chapter 15 and Korean legal system, the Paper proposes that international suitability and global fitness in international insolvency regime in Korea.

The existing of Korean Constitution is prescribed some Articles. Art. 40 of the Constitution of the Republic of Korea provisions that “Legislative Power is shall be vested in the National Assembly.” And Art. 52 declares that “Bills may be introduced by members of the National Assembly or by the Executive.” And Art. 75 expressly mentions that “The President may issue presidential decrees concerning matters delegated to him by law with the scope specifically defined and also matters necessary to enforce laws.” And Art. 95 also states that “The Prime Minister or the head of the each Executive Minister may, under the powers delegated by law or Presidential Decree, or ex officio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within their jurisdiction.” Traditional view from division of powers doctrine does not allow the executive to have a legislative power. However, as modern democratic state does not draw a line between the powers and the executive obtain the democratic fairness, the line between the powers became thinner. This phenomenon results from the complexity of legislative procedures, and the promptness, the necessity and the efficiency also play a major role. However, the expanded power of the executive and increased legislative power can cause irreversible impact on the state. Increased power of the executive can endanger the division of powers doctrine and Constitutionalism. Therefore, controlling issues of legislative power in the government requires comprehensive evaluation instead of limited review of three branches. If National Assembly is controlled by multiple parties, the bills can be passed by the intention of its government instead of hands of the legislature. The control of legislative power cannot be secured by the increased power of legislature. Internal control of the executive and judiciary control can also be recommended. Internal control of the government can be considered as the self regulating tool but the increased power of the government has its own limitation. Legislative control has its own narrow view of understanding the reality and judicial control does not function as pro active control. As each state has its own individual background of legal culture and politics, one country’s success does not guarantee that of another. Nevertheless, careful review of one’s success can improve current system and establish its solid base for future of the Korean provisions-related. Also, provisions-related and legislative power precedents of the United States of America(Especially, APA) and United Kingdom(Especially, The Statutory Instrument Law) can improve Korean legal system. In conclusion, legislation of administrative should be controlled for the public benefit because such systems exist for the people.

Liability insurance is a principle that the insured exercise the insurer insurance claims if an accident insurance should be occurs. But if this principle is strictly applied, the victim of an accident insurance will not get full compensation when perpetrators of the accident insurance become insolvent state. To solve this problem, our revised 「Commercial Code」 article 724 section 2 was the provision of the victim's own claim for insurers in order to strengthen the protection of victims. However, Our theories and cases of Supreme Court are two kinds of interpretation such as insurance claims and claims for damages, because this provision only stipulates the victim's own claim and does not reveal the legal nature. Initially after the amendment, theories and cases of Supreme Court adopt a contrary view and has been interpreted increasingly as a claim for damages after Supreme Court ruled insurance claims in since November 1997 up to date. German removed the controversy about the legal nature of the claim directly, by the 「Insurance Contract Act 2009 amended」 article 115 section 1 was the provision of victim's claim damages. Orthodoxy and the case of Supreme Court also has been interpreted as a claim for damages in France. Japan also has provisions of victim's claim damages if a car insured in compulsory liability insurance cause damage. But The United States and Britain has been interpreted as victims exercise on behalf of insurance claims of the insured, because the victim's own claim is not recognized in liability insurance. In a foreign country, opinion on the legal nature are divided such as our opinions. But our 「Commercial Code」 not clarify the legal nature unlike legislation of Germany, Japan, the United States and the United Kingdom. And the judgment of the Supreme Court has a problem of that the basis of claim is not clear. Therefore, I would like to seek legislative amendment for problems raised in interpretation of 「Commercial Code」 article 724 section 2 after reviewing the discussion in foreign countries and Korea.

미국헌법상 남북전쟁수정조항은 흑인을 비롯한 소수집단의 사회적 종속을 방지하고 이들을 사회적으로 통합시키는 것을 목적으로 하고 있다. 그러나 미국 연방대법원은 이를 실현하는 도구로 다단계 심사기준을 활용하면서도 결과적으로는 소수집단의 고통을 외면하는 방향으로 이를 적용해왔다. 미국 연방대법원은 20세기 중반부터 평등심사에 있어서 다단계 심사기준을 정립해왔다. 다단계 심사기준에서 통상적인 경우에는 합리성심사기준이 적용된다. 반면 본질적 권리나 의심스러운 차별이 문제되는 예외적인 경우에는 엄격심사기준이 적용된다. 합리성심사기준을 적용하는 경우에는 차별이 정당한 공익에 기여하는 합리적 수단인지 여부만이 논증된다. 반면 엄격심사기준을 적용하는 경우에는 차별은 중대한 공익을 위해 필수불가결한(necessary) 수단이라는 점이 논증되어야 한다. 나아가 연방대법원은 위의 두 가지 심사기준에 덧붙여 심사강도가 이들 사이에 위치하는 중간심사기준을 제시하였다. 중간심사기준에 따르면 차별은 중요한(important) 공익에 기여해야 함과 동시에 양자 간에는 실질적(substantial) 관련성이 존재한다는 점이 입증되어야 한다. 그러나 미국 연방대법원은 다단계 심사기준에서 엄격심사기준이 적용되는 차별의 유형을 엄격하게 제한하고, 그나마도 여기에 해당하는 요건으로 차별의도의 입증을 요구함으로써 평등보호조항의 실효성을 크게 저하시키고 있다. 결론적으로 우리나라 헌법재판소의 평등심사는 미국의 그것을 거울삼아 심각한 차별을 발견하기 위한 주의를 게을리 하지 않고 발견된 차별에 대해서는 원칙적인 의미에서의 엄격심사를 하여 이를 통제하는 방향으로 나아가야 한다고 생각한다.

The Reconstruction Amendments in the U.S. constitution were designed to mitigate the effects of discrimination on minority groups. But the U.S. Supreme Court has largely ignored the history of the moment that produced the Reconstruction Amendments. The Court has developed three tiers of reviews for determining whether challenged policies violated the Equal Protection Clause. The most lenient approach is the rational basis test. In the test, the burden on the party challenging the policy to show that its purpose is illegitimate and/or that the means employed are not rationally related to the achievement of the government's objective. While the Court employs strict scrutiny in judging policies that discriminate on the basis of race, religion, or national origin, classification that are deemed to be inherently suspected. The Court has developed still another level of equal protection review, falling somewhere between the rational basis test and the suspect classification doctrine. But the Court created a framework for equal protection analysis that ensures only a narrow group of discrimination claims will be actionable or succeed. Also the Court is overly dependent on purposeful discrimination for resolving suspect classification. These factors significantly limited the competence of the judiciary to use the Equal Protection Clause to remedy discrimination against minority groups. In conclusion, The Korean Constitutional Court should learn a lesson from the U.S. Supreme Court's inappropriate approach to adjudicating constitutional discrimination claims.

We have a criminal investigative procedural code that is made and maintained for evidences based on physical attributes. However, we have recognized that evidences in cyber space have different attributes and characteristics than those in physical search and seize procedures. Fortunately, digital evidence accepted as evidence in the amended law that was effective January 1, 2012. However, our society is becoming more ubiquitous again. Therefore, it is not enough to add digital evidence as evidence but also to change the procedural code of search and seizure for digital evidence. A new set of search and seizure procedures should be developed that provides for efficiency investigation while ensuring that privacy rights are protected for the subjects and 3rd parties involved. In this study, we reviewed types of evidence collection in cyberspace and classified them by objective point of view and pitted them against the current law. The research suggested a new proper form of the method of seizure and search for evidences in the cyber environment. Furthermore, it was paramount consider the dual perspective to guarantee human rights. Also, there needs to be a data preservation system, command procedure for seizure, seizure and search system over networks, and collection system of communications for effective investigation. Finally, a regulation is required to ensure cooperation of information and service providers with law enforcement agencies. In establishing a legal system for cyber forensics, there should be a system for cyber criminal investigative procedural code in this ubiquitous era.

Intelligence has an important meaning in the enforcement of police whose major mission is the risk prevention over the national stability and order maintenance. The risk prevention includes the prerequisite about the Intelligence when the major mission of police is said to become the risk prevention. Accordingly, police needs personal data for potential criminals or witnesses for the prevention or precaution of specific risks on individuals. Police has collected and used information necessary for their job performance from the beginning in an effort to promptly and effectively carry out their missions including the public stability and order maintenance, because their job performance is difficult without personal information in taking actions for the risk prevention and criminal investigation. In order words, the collection and processing of personal information on the police investigation can be said to be the core of police enforcement. As the Personal Information Protection Act has been recently established, police handling personal information on the police investigation has to take more specific responsibility for obligations to protect personal information in terms of laws. Anyone who handles personal information should pay more special attention to the prevention and protection of personal information. Although both the investigation activity and the protection of personal information for the national security have a common denominator to deal with information, there are conflicts between public interests and private interests, which also stand for problems on the conflict of rights. It is natural that there should be room for different conclusions depending on the value system or the outlook on the world of a person making a judgment on which value of rights should be prioritized as a principle for solutions when the basic rights are conflicted. In addition, it is necessary to consider the existence of the obligation not to interfere or the limit of the obligation not to interfere with regard to each basic right in solving the conflicts between the basic rights. Also, the specific circumstances relating to the matter in question should be sufficiently considered. Accordingly, this essay suggested plans to protect personal information as well as the efficiency of works on the police investigation, after identifying the status and problems in collecting and processing personal information on the police investigation, while learning the legal grounds and principles relating to the collection and processing of personal information by police.

최근에는 무선 통신의 급격한 발전하면서 인터넷 서비스 환경이 변화하였고, 스마트폰 가입자와 소셜네트워크서비스 이용자가 급증이 새로운 이슈가 부각되고 있다. 인터넷 상에서의 서비스는 무엇보다 사용자의 소중한 정보를 보호하는 안전성과 신뢰성을 바탕으로 제공 되어야 하지만 인터넷과 각종 SNS을 통해 개인정보 노출, 악성 댓글 등에 따른 이용자의 불만이 증가하고 음란물, 선정성이 강한 콘텐츠가 여과 없이 청소년에게 노출되어 심각한 사회문제가 되고 있다. 스마트 애플리케이션 마켓에서는 공짜로 다운받아 쓸 수 있는 '블랙마켓' 앱도 등장하여 불법 음원 앱도 유포되고 있다. 개인정보노출, 허유사실 유포, 악성댓글, 불법복제, 보안, 음란 앱 유통, 모욕, 명예훼손, 약성코드 유포 등 인터넷관련 범죄는 계속 증가하는 추세이다. 검·경은 사이버범죄를 단속하고 있으며, 방송통신위원회는 SNS 게시물 심의도 시작하였지만 인터넷의 특성상 단속·심의·규제가 사이버 범죄를 증가를 막을 수는 없으므로 융복합 사이버 침해사고 대응 체계가 절실하다. 따라서, 본 연구를 통하여 인터넷 관련 역기능 해소방안으로 ‘정통망법’, 형법, 기타 관련법규들의 적용과 형사정책적인 해결방안, 인터넷과 소셜네트워크서비스에 있어 인터넷 윤리교육의 중요성에 대한 고찰을 하였다. 그러나 소셜 미디어 사회화에서 그러한 역기능을 근본적으로 최소화하기 위하여서는 개인, 가정, 학교, 사회, 국가적인 차원에서 보다 종합적이고 체계적인 원인분석과 대응방안을 신속하게 마련하여야 한다. 예컨대 ‘정통망법’, 형법, 개인정보보호법 등 관련 입법의 거시적인 개정과 통합법의 제정, 국가·사회·개인 등의 전 구성원이 참여하는 형사정책적인 노력, 인터넷 윤리교육의 강화 등이 무엇보다도 중요하다. 또한 인터넷을 기반으로 하는 SNS를 통한 소셜 미디어 사회화는 가상세계가 이미 현실세계화된 사회공동체가 되었기 때문에 그 구성원들의 역기능 해소를 위한 입법적, 기술적, 윤리적인 적극적인 대응노력이 필요한 것이다.

In recent years, rapid development of wireless communications in a matter of smart phone users to reach the 2300, SNS (Social Network Sevice) users has grown, Internet services, and this change has emerged a new issue. Services over the Internet to help protect your personal information based on the safety and reliability should be provided. Internet related crimes are a crime which is inter-related with high specialization·technicality·leakage of information·intellectual-offence and deviant behavior. Without the accurate countermeasure, we can’t achieve the desired end. So we should find out multilateral and general measure. Alway crimes go in advance of the measure, so the counter measures against, computer crime can not be final. Nevertheless, we can’t be careless in making the measure, but we should always consider a counter measure. As the aspect and techniques of internet related crimes are always changing with the development of computer technology, there will be many problems with principle of legality, when we apply the existing abstract provisions to the new crime. We can not be lazy in studying the emerging internet related crimes and taking concrete shape of the provision. And it will be a big help to that desirable to import the foreign provision without consideration of our reality. Without the positive and empirical study on internet related crimes, sometimes important crime will be out of reach of the punishment. Harmful acts in the information-oriented society are very diverse in kinds and aspects, and it is difficult to enumerate. The point is that among the new acts in the information-oriented society we should decide which acts ate to be punished and which acts are not to be punished. It is needless to say that the criminal law should be the last resort. But owing to the characters of the characteristics of the information-oriented society, when the traditional standards can be applied, the question of what is the basis and how it can be applied in a concrete way is not settled. And if it cannot be applied, how can we make new standard is also an unsettled question. In this study, measures to solve Internet-related dysfunction 'Promotion of Information and Communications Network Utilization and Information Protection Act', Criminal Law, Criminology and other related laws and their application solutions : Social Media in the Internet community about the importance of ethics education are investigated, Social media socialization fundamentally dysfunctional on the internet for minimizing the internet for ethics awareness training is to achieve enhanced.