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In cases where the land is expropriated pursuant to 「Act on the Acquisition of Land, etc, for Public Works and the Compensation therefor」, a project operator shall pay the indemnity adjudicated by the competent land expropriation committee to the landowner or the person concerned. When any project operator has failed to pay or deposit the indemnity adjudicated by the competent land expropriation committee by the day of commencing the expropriation or use, the adjudication by the relevant land expropriation committee shall lose its validity. But, If it conform to Article 40(2) of this Act, a project operator may deposit the indemnity at the deposit office in the location of the land, etc. intended for the expropriation or use, not later than the day of commencing the expropriation or use. Notwithstanding, This Act merely describes the outline of deposit the indemnity at the deposit office in the location of the land, but does not define the detailed contents. It often bring about a huge barrier to the successful implementation of public works projects, due to defective deposit through such as submission of documents including certification of Seal Impression, etc. In some cases, the true landowners have not received compensation. In view of these, this paper is study the requirements of deposit in accordance with the「Act on the Acquisition of Land, etc, for Public Works and the Compensation therefor」and examines the effectiveness of the acquisition of the land-ownership of the project operator by a non-legitimate deposit.

A judge cannot convict a defendant of guilty despite judge's belief in the guilt of the defendant based on the confession with admissibility of evidence and credible confession unless there is corroborating evidence. This is an exception to the principle of free evaluation of evidence restricting admissibility of evidence and originates from a need to prevent misjudgement and to protect human rights. On the other hand, as for the corroborating evidence, judicial precedents support the theory of veracity security "the degree of veracity ensuring the veracity of the confession" in respect of the issue 'how much the corroborating evidence shall corroborate the confession. However, its standard is so abstract that the supplement to this is required.

Securities lending plays an important role in supporting financial markets. For example, it can improve market liquidity, potentially reducing the cost of trading and increasing market efficiency. However, by increasing the interconnections between institutions, it can pose potential risks to financial stability, which are exacerbated by a lack of transparency in the securities lending market. Since the onset of the financial crisis in 2008, market participants have attempted to address some of these risks, and fundamental changes to market infrastructure are being discussed, such as the use of central counterparties (CCPs). Introduced in 2009 in both Europe and the US in collaboration with electronic trading platform providers, CCPs act as legal counterparties between lenders and borrowers and take responsibility for all the obligations related to securities lending transactions. Thus, CCPs mitigate the counterparty risk and the credit exposures for individual market participants and significantly reduce systemic risk for the market as a whole. That is, introducing a CCP into the market means that a lender has no credit exposure to a borrower and vice versa. This exposure is transferred to the CCP (or clearing member of the CCP). In principle, the standardization of counterparty credit risk through the CCP could facilitate wider market access to create the development of securities lending transactions. Lent securities would be delivered from the lender to borrower via their respective clearing members and the CCP. Collateral securities or cash would move in the opposite direction from the borrower to the CCP via the borrower's clearing member. Depending on the arrangements of the CCP, those collateral securities would be available to the lender in the event of the failure of the CCP. This is critical time for the securities lending industry as markets begin to recover from the credit crisis, transparency and risk management become imperatives, short sale and related lending practices come under unprecedented scrutiny and institutional investors re-examine the opportunities and risks inherent in securities lending. The author believes that the broad adoption of CCPs in securities lending is not only inevitable but provides a major opportunity to reduce systemic risk, increases participant earnings and reduces the industry's cost structure. This article recommends that any CCP should not limit the maximum trade size, offer transparent membership criteria for clearing and non-clearing members, accept both trades from all securities lending platforms and trades conducted bilaterally and so on.

Determining the number of offenses, act-based principle which starts off from counting the number of acts committed and crime-based principle which starts off from counting the number of crimes committed are proposed competitively. On the other hand, there is also a view saying either principle can be used because the order is not an important factor. The number of offenses is the last stage of criminal assessment. Because it is the last decision making stage following the penality decision, it should be harmonized with criminology and prevent any misjudgements and chaos. If these factors are not related and affected by the two principles mentioned above, there would be no practical use in discussing on the decision-making structure for determining the number of offenses. studying it, I have reached at a conclusion: system that determines the number of acts prior to penality decision, followed by the determination of number of crimes would allow the harmonization with criminology. This is because the subject of criminal assessment is a man's act and beginning with deciding and examining such subject is the natural flow in the criminology system. The unit of act should first be determined when following the act-based principle and it is a very important and difficult work because it asks to divide a man's act, that is a one uninterrupted continuum. Subsequently, nature of the man's act cannot be used as a standard for dividing it into separate units. Rather, it should be based on the social recognition frame which gives a distorted vision of seeing the continuous reality as one that is not continuous. There are several views to determine the unit of act such as the one that relates the unit of act to legal sense and social/penal standards of act. These views have appropriate decision criteria but still need complementation in crystallizing them. This complementation can be achieved by understanding the contents of the social recognition which can be discovered through the language that we use. For example, the range of expressions that we use to individualize the portion of man's act into one unit and designating it(killing, raping, stealing money and goods, etc.) can be said to be the one unit of act.

Between physicians and patients, health care agreements if the doctor treating the patient with the best care duties shall be obligated to, which do not this duty to the patient not expected to occur if poor results accordingly to indemnify is This damages the agreement between the parties or the court's ruling will be implemented by, and thus committed to pay damages to the patient again if later obstacle occurs, additional damages caused by these later obstacle What is at issue is whether to be treated. This is already under the patient's poor results damages by agreement or court ruling because it is the are completed. If an agreement between the parties, which usually occurs at a later civil and criminal endure hardship In any case, taking the victim, giving up all rights for the future of the written agreement will assistance, the country's aid to save a lawsuit in court even if the court's final decision would be finalized by the restitution issue So for all intents and purposes a single incident, and then added again to claim damages, the parties agreed to admit the justice of the peace agreement will have to be interpreted, but also the decision of the court ruling in the case under he scope of the ruling weigh the scope of will be. In this paper, by agreement between the parties for damages due to completion and the court's ruling after completion of restitution claims for additional damages as reviewing issues arising in the claim by law to acknowledge the problem, namely an agreement to take effect legal review and a court decision to review the impact and the range is the scope of the ruling. In addition, due to these later obstacle to reduce conflict between our direction if there are any improvements are to present.

The main purpose of this paper is to examine basic arguments and theoretical meanings of the behavior theory focused on Donald Black's view. From the point of view of Donald Black, the law stands for governmental social control of executive institution and the governmental social control means a rule and a action against an aberration. In considering legal behavior in social, individual itself and psychological properties are excluded because it is achieved in social level. The change of the law is expected and explained systematically in correlation with five variations, such as stratification, morphological variables, culture, organization and social control, if all else constant is fixed. This behavior theory partly coincides with legal action of social community responding the social control. But how inherent subjective factor of human behavior is incorporated with the cognition maintaining objectivity still come into question. Therefore sociological study on the law need to adhere standpoint how to integrate outside and inside viewpoints observing human behavior or social relationship.

Das Ziel dieser Untersuchung ist die Frage nach Zulässigkeit und Grenzen der Online Durchsuchung zum präventiven Zweck und zur Strafverfolgung zu beantworten. Das Ziel der Online-Durchsuchung, unbemerkt auf informationstechnische Systeme Verdächtiger zuzugreifen, um Verschlüsselungsmechanismen zu umgehen oder Hinweise und Erkenntnisse über das Nutzungsverhalten des Betroffenen zu erlangen, die auf herkömmliche Weise nicht erlangt werden können. Die Vorteile gegenüber bestehenden, alternativen Ermittlungsinstrumenten könnten neben der heimlichen Durchsuchung in der Überwachung von Echtzeitkommunikationsvorgängen und Verschlüsselungsverfahren liegen. Staatliche heimliche Infiltration von informationstechnische Systeme(ITSysteme) beeinträgt das Grundrecht auf Gewährleistung der Vertraulichkeit und Integrität informationstechnischer Systeme(IT-Grundrecht). De lege lata besteht für die Polizeibehörden und fur die Strafverfolgungsbehörden keine gesetzliche Ermächtigungsgrundlage für Onlie- Durchsuchungen. Hinsichtlich der Zulässigkeit der Online-Durchsuchung de lege ferenda sind verfassungsrechtlichen Anforderungen an eine Ermächtigungsgrundlage. Eine gesetzliche Ermächtigungsgrundlage müsste dem Schutz des Kernbereichs privater Lebensgestalung ausrechend Rechnung tragen, den Anforderungen an die Verhältnismäßigkeit und den verfahrensrechtliche Vorgaben für den Richtervorbehalt für das Verfahren des Umgangs mit Daten, insbesondere Pflichten zur Aufklärung des Betroffenen und zur Löschung und genügen sowie die Zeugnisverweigerungsrechte ausrechend berücksichtigen.

Mit Urteil vom 18. Juli 2005 hat der Zweite Senat des Bundesverfassungsgerichts die deutsche Umsetzung des Rahmenbeschlusses über den Europäischen Haftbefehl durch das Europäische Haftbefehlsgesetz für verfassungswidrig und nichtig erklärt. Gegenstand der verfassungsgerichtlichen Prüfung ist hier das Europäische Haftbefehlsgesetz, nicht der Rahmenbeschlusses über den Europäischen Haftbefehl, den das Bundesverfassungsgericht in seiner Prüfung a1s “verbindlich” zugrunde legt und selbst offenbar keiner Überprüfung unterzieht. Dabei begrenzt der Senat den eigenen Prüfungsumfang weiter, wenn er ledig1ich hinsichtlich der “Umsetzungs- spielräume, die der Rahmenbeschluss den Mitgliedsstaaten beläßt”, eine Verletzung der Pf1icht des Gesetzgebers zur grundrechtsschonenden Ausfüllung annimmt. Im Rahmen dieser beschränkten Prüfung gelangt der Senat zur Feststellung von zwei Verfassungsverstößen. Zum einen sieht er Art.16 Abs.2 Satz1 GG im Hinblick auf den Schutz deutscher Staatsangehöriger vor Auslieferung als verletzt an; zum anderen liegt eine Verletzung von Art.19 Abs.4 GG darin, daß die Bewilligungs- entscheidung hinsichtlich einer Auslieferung in einen Mitgliedsstaat der Europäischen Union nach dem Willen des Gesetzgebers keiner Anfechtung unterliegen soll. Diese Unvereinbarkeit mit der Verfassung nimmt der Senat zum Anlaß, das Umsetzungs- gesetz insgesamt für nichtig zu erklären.

It is common that Theological meaning of the Christian church is made up of Individual church. The legal implications are not clearly defined, only means the Christian Church. The precedents on theological meaning of the Christian church limited to a range of a socially accepted idea. The episcopal church according to Church identity is comprised of Catholic Church of a form of monarchy believers absolutely can not participate in church politics, Eastern Orthodox of a form of aristocratism , Anglican Church of England. The Presbyterian Church identity is consist of Most Presbyterian Church are equal the status of Christian official and laity, the Holiness Church, Full Gospel Church. and there is congregation identity made a feature of complete independence of the church and direct democracy. Thus, the identity of the church, each is different, depending on the identity of each individual church. Should review the interpretation and application specific. If church property is registered in the name of the Individual church, disputes are less likely to occur because the Individual church have a ability to registration,

The fraudulent payment for share by revolving is an fraudulent act of payment for shares as a way to promoters of the company borrows money from a third party and pay stock as a debt, to withdraw its payment from the bank of holds payment and to repay borrowings since the company established. But the fraudulent payment for share of this approach have had paid only a formal not to paid substantially. Therefore if the validity of such fraudulent payment is in effect recognized, the company's capital faithful is inhibited, led to the company's insolvency and thereby the order of Company Law would be dismantled in the end. For this reason, Germany 「Finite Act」revised 2008 was defined as the hidden kind contribution contract is valid, a contributory of the employee is not indemnification and the fraudulent payment for share by revolving is to be indemnification of a contributory of the employee only if the company's return claim is fully secured through Article 19 Section 4 and Article 19 Section 5 etc. Also Act was defined as a compensation mandatory of directors has been recognized when the company paid to the employee amounts of non-payment because the company's return claims did not warrant through Article 30 Section 1, Article 31 Section 4 and Article 43 Section 3 etc. But our 「Commercial Code」have to unify because there is no direct provision as Germany 「Finite Act」revised 2008. But our Supreme Court has consistently determined that the validity has been recognized for the effect of the fraudulent payment for share by revolving despite the problems has been as clarified above, and there has been the possibility of a problem in a number of scholars are taking a stand to the effective. But this is only interpretation theory. Therefore eventually we will need legislative resolution such as Germany. Therefore, I would like to looking for desirable legislative measures to improved the problems of our current 「Commercial Code」after reviewing regulations of Germany 「Finite Act」revised 2008 by comparing, looking around doctrine and the Supreme Court Case for the effects of the fraudulent payment for share by revolving, looking into the fraudulent payment for share.

The purpose of this article is to study how to establish a better refined IP Law System an The Code of Civil Procedured . We have concentrated in connection with jurisdiction and venue patent disputes in a few courts. Moreover We have allowed the attorney to advocate patent case, of course only with ordinary lawyer. In Korea, something good happens almost every day in IP Law System. However, it's contributions to industry are not sufficient. The author suggests a strategy against the patent litigation in an international infringement of the patent The Code of Civil Procedure need to prepare the validity law for the effectuation of a treaty but also the infringement proceedings. And the validity trial should be handled by the current Patent Court . The prepartion is aimed at the patent judge. We put an emphasis on the cooperation between law judges and technical judges in the matter of IP related disputed nation. this article proposes that at the Patent Court related with the international agreement-South Korea – United States Free Trade Agreement (KORUS) or Free Trade Agreement Republic Koreaanad the European Union. under current law system. As the question of whether the Proof's Law against Intellectual Property Right is indeed infringed or not is seldom under control of the ordinary The Code of Civil Procedure, it would be very resonable, if not the problem happen to the parties concerned or an interested party.