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This study tried to seek a supplementary measure of a system through examining the legal properties, its effects, and further legislative examples of direct claim right of payment. For the legal nature of the Claim for Direct Payment, there were some cases that the general contract bond of primary contractor were transferred to subcontractors, but regulating that when the Claim for of primary contractors and the subcontract price bond of subcontractors should be subject to lapse can be thought to specially grant preferential performance. Examining the legislative examples in foreign countries, Germany is in the real situation of being wholly lacking in real cases, just of having applicable provisions as saying of being able to directly pay subcontractor from the position of the ordering body. France and England are protecting subcontractor by prescribing the direct claim right of payment as a specific proviso. Meanwhile, in America, the payment guarantee of the subcontracting payment is delivered to the ordering body(government). All the guarantee fees necessary for payment guarantee are paid by the ordering body, and are additionally involving the payment guarantee on worker's wages and material payment in addition to subcontracting payment. Japan is spreading the subcontracting policy of focusing on advice and precaution as for law offense. Considering the fact that Claim for Direct Payment to Subcontractor of the subcontractor against the ordering body is encouraging chaos in the protection for subcontractors, not being partially harmonized with other fields of law such as present Civil Execution Act, clear revision of legal regulations combined with Civil Execution Act seems to be necessary and moreover, as direct national intervention is increasing for protection of subcontractors, autonomy and regulation should be balanced for order establishment between primary contractors and subcontractors. Furthermore, in order to achieve a true subcontractor trading system for technology migration mentioned earlier, several conditions and government's efforts to improve the system is important, but above all, won providers supply operators with business partners to comply with accepted norms and will have to have a solid awareness.

Since the global financial crisis in 2008, the trust has been chosen as a stable project execution method for construction companies and financial institutes. When the financial consumers take out a loan with a real estate, they usually use mortgage. Security holders are not completely free from the effect of reorganization process caused by the debtor or the security provider's bankruptcy. So financial Institutions have been used a the trust system, in which a debtor-settlor or a third party security-provider transfers the entire 'ownership' of his property to the trustee for security purposes. Trust Law has been revised in about 50 years since the legislation in 2011. It has been effective from July. 26. 2012. The revised Trust Act are provisions which stipulate about obscure parts in the Real Estate Trust System, including the assignment of truster's status that wasn't allowed in the last Trust Act. Especially, The revised Trust Act has introduced a new concept of 'security trusts'Collateral trust has similar effect with the creation of mortgage, and it is more favorable in the debt collection and the disposal of a secured property. And security trust separates the secured party and secured creditor, and is able to create various legal relationships due to the convertible function of trust. If the collateral trust and the security trusts connect with the beneficiary certificate issuance trust, the financial institutes can raise the large-scale funds easily and promote the liquidity of the beneficial interest. This essay deals with the Securitization of the collateral trust and the security trusts, which means the trust created by creation of security.

It is enough to say that one of imperative issues in the limited liability company(LLC) is the loose regulation for creditor protection, basically caused by the LLC’s fundamental structure characterizing by its member’s limited liability and self-governance which can be pointed out as the strong points of LLC system. Examining the creditor protection system of the several jurisdiction, this article have made some suggestions for producing additional measures to redress some possible drawbacks of the LLC’s creditor protection mechanism in the Commercial Law of Korea. Main issues dealt with in this article are the matters of liability of member or non-member who execute the LLC business to a third party, of appointing part-time auditor, of disclosure system, and of piercing the LLC veil etc. The humble conclusion of this article is summarized hereunder. First, regarding the matter of liability to third persons, if the member or non-member who execute the LLC business have neglected to perform their duties wilfully or by gross negligence, they shall be jointly and severally liable for damages to third person. Compared with the regulation of Japan LLC, the liability of business executive members to third persons is not a sort of overburden but reasonable especially for careful managing and creditor protecting . Second, regarding the matter of appointing part-time auditor, as like a limited liability company may have one or more auditors in accordance with the article of incorporation, it is necessary to stipulate that appointing part- time auditor in order to meet the demand for auditing of LLC. Third, regarding the matter of disclosure system, currently member or non-member who execute the LLC business shall prepare and keep the financial statements at each period for the settlement of accounts, and the creditor and member of the company may request for inspection or copying of such document. However, they don’t be required legally to give public notice of the balance sheet. There is an opposite view, but taking disclosure system of LLC could be meaningful for providing the creditors of LLC variable access way. Lastly, regarding the matter of piercing the LLC veil, even though it is not the matter of laws and regulations, regulating LLC system abuse by the court from the piercing the LLC veil can perform a realistic and effective role in protecting creditor of LLC taking the lack of LLC system experience into consideration. This article hope that all the main features, member’s limited liability, operating flexibility and partnership’s pass- through tax treatment should be fulfilled in Korea LLC law and could respond to their expected demands for new business entity in this changing economic situation.

In the social life of human conduct and dispute resolution as the basis for an integral need to act is often referred to as being forced by the observance of State power in terms of features. However, the law has never been justified in order to win more than anything else is the content will have to be followed. The content and the presence of an object that does not have the legitimacy Act never is the name of the law illegal because of the risk to be sought by the Parties relevant to the status and importance should be emphasized because the civil law is a basic law of society to the system of the right. The civil law system of the right said. In addition, the issue of civil rights is the basis of compensation for damage is closely related to the law. This article explores these challenges and realize and understand the rights, as a matter of law from the perspective of civil law acts as such explores the modern. Civil law rights at the realization of the role is the subject of this study. However, concrete suggestions, rather than a conventional civil rights while cleaning up a discussion about the structure and try updating the settings you want. The right of changes and challenges for the tort law was given to the theoretical value. The concept of stare decisis by personalities are being reviewed and extended rights of pluralistic approaches, as observed in the area of tort law, tried to illuminate the principles of its composition of society. Rights within the framework of the development of the Act should be systematized to be Vista.

Constitutional adjudication is the doctrine under which a specific court with constitutional adjudication power may annul the legislation of Congress when it finds them incompatible with a constitution. The legislation is the product of the policy judgement by Congress. Therefore, constitutional adjudication comes down to the policy judgement by the judiciary. If so, is the judiciary superior to Congress in the policy judgement. Generally, Congress has a number of advantages over the judiciary in the policy judgement. It has considerable staff, funds, time and procedures to use to effective information gathering and sorting. But these factors are both its strength and its weakness in taking an objective view of the policy. At this point, notwithstanding the constraints on judicial policy judgement, it may be that sometimes the judiciary do a better work of judging policy than Congress does. When would such a result be possible? We can find the answer from the nature of constitutional adjudication. Constitutional adjudication is the forum that helps deliberation and debate through institutional dialogues between the judiciary and other branches of government. When the judiciary think themselves suffer from institutional shortcomings, it can respect the policy judgement by Congress. These are cases in which Congress has more expertise and democratic legitimacy to assess the given constitutional issue.

The system of civil participation in criminal trials has been introduced and implemented by allowing common citizens to take part in the process of criminal judgment with a view to promote trust in and democratic transparency of the judicial procedures. As it was the first ever epoch-making measure in Korea to introduce such system in which public participation in judicial process is permitted, it was termed as "democratization of judicial administration" and thus much was expected to come therefrom. In fact, it should be said of the results from its implementation that nothing much could be acquired from the system as was anticipated in the beginning. One of the reasons for such dissatisfactory outcomes is because it is too abstract and comprehensive to exclude any one from participating in the procedure, leading to the fear that the court may still exercise overwhelming control over the procedure. It is encouraging, however, to note that there is positive appraisal about the system since citizens' participation in the judicial procedure can provide them with chances to learn about democracy and can prevent such critical issues as 'preferential treatment for ex-judges or -prosecutors' and 'one law for the rich, another for the poor' to occur completely. Nevertheless, there still remain such issues to be solved, for instance, as low rate of application for the system and high rate of withdrawal and exclusion because the verdict of jurors is far from being recognized as effective sentence. Moreover, sufficient inquiry into a case can not be made and verdict is predictable because hearings for fact-finding and question of law are not done clearly separated. Besides, there are also a lot more questions at issue that notice for the first instance date is usually given very imminently, jurors rarely attend trials, appeal rate is high, sexual crime victims' claim is not duly represented, etc. It is therefore suggested to impart binding force to the verdict of jurors participating in the civil trials and to specify the otherwise vague legal provisions for them. It is further solicited to assess culpability by separating hearings for fact-finding and question of law from each other in an effort to draw consent of defendants to the verdict. Besides, it is recommended to make known the significance as well importance of the system of civil participation in trials by reinforcing civil law education at every level of schools and lifelong educational institutes for the youths and adults as resources for potential jurors in the future.

Suspension of execution is stipulated on the Civil Proceedings Act Article 500 and 501, Civil Execution Act Article 16 and Article 34 Clause 2, Article 46, 47, 48, and Article 196 Clause 3, etc. However, to our shame, the Korean Civil Proceedings Act and Civil Execution Act are not coherent and but different in their contents, even when they cite acts from many other countries without contemplation. The difference is caused by not only the obvious distinction in the regulations but also whether a certain regulation is stipulated on or not. Given that incoherence or uncertainty of the regulations have the same fundamental intent of thee suspension of execution, it is required to organize the reasonable process and contents or examine the potential coherence. In this argument, the writer compares and weighs the suspension of execution related to retrials, which is a principle matter, to other suspension related to different matters. To sum it, the suspension of execution related to retrials makes it condition that the person directly concerned must apply by himself. Therefore, the suspension of execution related to retrials cannot be progressed without the application of the person directly concerned, who applies for a retrial under principal of disposition. Second, in case of determining「temporary stop」, the regulation of the suspension of execution related to retrials, it should be regarded as「until the decision of court is made」「until the decision on principle matter is made」, while it is interpreted, dualistically, as「until the final decision is made」in case of being rejected at the relevant level, or「until the final decision is confirmed」in case of the decision is cited. Otherwise, it is desirable to revise the regulations coherently according to the application of Civil Execution Act Article 47. Third, for trials which reject the compulsory suspension of execution because the person doesn't acknowledge dissatisfaction, it is not allowed to appeal for dissatisfaction immediately, but only able to make special appeal to the Supreme Court insisting the relevant reasons. Forth, the change of order cannot be conducted during a suit nor be changed without the person concerned's application, in addition, the ruling of rectification according to a special appeal is not possible. Fifth, if the original suit is withdrawn and doesn't last, the suspension of execution naturally becomes invalid and needs no additional withdrawing procedure. It is enough for the withdrawal if the creditor submits documents that can prove the withdrawal.

Korea is actively promoting the conclusion of FTAs which remove the international barriers on the service supply. Accordingly it is expected that international labor transfer including intra-company transfer and business investors visits increase gradually in Korea, keeping step with the global trend. International labor transfer is effected by not only the tax system of its resident country but also the source country’s. In both inbound and outbound transfer, it has been recognized that the current tax system in Korea poses the tax issues of international labor transfer with retirement pensions: for taxpayers, tax benefit such as tax deferral for employer contribution is vanished and double taxation is occurred and for tax authority, tax revenue loss befalls. These issues arise from different tax policies on cross-border pension contribution and inappropriate allocation of taxing rights between resident and source countries. Therefore, this research proposes the possible solutions by comparing and analysing the relevant tax rules, in both domestic tax laws and tax treaties, of Canada and the Untied States.

The European Court of Human Rights can be said to be a globally unique court of law, which makes judicial decision on basic rights of being secured in the European Convention on Human Rights. The huge activity in the European Court of Human Rights has jurisdiction over Human Rights Abuse lawsuit that 800 million people received from a country when it comes to population in the whole area of Europe. However, it is a point of being a law-court of handling fundamental rights, which has extensive jurisdiction, given analyzing the most important characteristic in the European Court of Human Rights from the legal perspective. Also, it is a court of justice pertinent to fundamental rights based on international law called the European Convention on Human Rights. However, what enforced the convention with the procedure as saying of making judgment of having legal binding force by which the European Court of Human Rights has a trial of a problem about human rights abuse raised by an individual is from after when No. 11 Protocol took effect in 1998 given examining it objectively. This study aims to analyze the current system and the old system after broadly viewing convention execution system. And, the aim is to mention focusing on a decision case in the Court of Human Rights after discussing and surveying about the nature as the domestic law on the convention of human rights, which becomes a problem in Germany, and about the effect as the domestic law on judgment in the European Court of Human Rights.

Die Stufenklage nach § 254 ZPO ist überall die richtige Klageform, wo der Kläger die begehrte Zahlung oder Herausgabe nicht aus eigener Kraft bestimmen kann, sondern dazu einer Rechnungslegung oder Auskunft des Beklagten bedarf. Die Stufenklage ist eine Ausnahme von § 253 Ⅱ Nr. 2 ZPO, der einen bestimmten Antrag vorschreibt. § 254 ZPO gestattet dem Kläger, der Anspruch auf Rechnungslegung, Vorlegung eines Vermögensverzeichnisses oder Auskunftserteilung hat, zunächst eine unbestimmte Leistungsklage zu erheben, wenn er sie mit der klage auf Auskunftserteilung oder auf Abgabe einer eidesstattlichen Versicherung verbindet(Stufenklage). Die Stufenklage ist ein Sonderfall objektiver Klagenhäufung. Der Vorteil dieser Stufenklage liegt darin, dass schon jetzt eine zulässige und die Verjährung hemmende Leistungsklage erhoben wird und der gesamte Komplex in einem Verfahren erledigt werden kann. Die Vermeidung isolierter Prozesse ist zudem prozessökonomisch. Das durch eine Stufenklage eingeleitete Verfahren durchläuft in der Regel mehrere Stufen. Das Gericht verhandelt und entscheidet im Normalfall eine Stufe nach der anderen. In der ersten Stufe wird durch Teilurteil über den Anspruch auf Rechnungslegung, Vorlegung eines Vermögensverzeichnisses oder Auskunftserteilung entschieden. In der zweiten Stufe kann durch weiteres Teilurteil über den Anspruch auf Abgabe der eidesstattlichen Versicherung befunden werden. Erst in der letzten Stufe wird über den nun bestimmt zu bezeichnenden Leistungsanspruch entschieden.

According to Article 407 of Current Civil Act, the revocation of fraudulent act and restitution of its original status takes effect for the benefit of all creditors. The majority of academic world and the Supreme Court including this judgement, as repeatedly alleged in previous cases, admits equivalent value compensation of returning money by the revocation decision, as one method of restitution. But decision ordering compensation to equivalent value leads the creditor who issue the suit for the right of revocation to be exclusively paid preferred to others creditors, and the creditors except plaintiff are prejudiced by that decision. According to this result, the other creditors can't share the benefit of the revocation of fraudulent act and restitution of its original status. This problems is inconsistent with its original intent and purpose. So I suggest that, in case of returning the money by the revocation decision, the money should be deposited in a court, and the money should be shared by all creditors in portion of amount real claim to the debtor.

This study is aimed at researching on the methods of legislating the laws and regulations related to protection of domestic animals as a natural monument for the realization of constitutional principle of the cultural state. A natural monument which is a natural heritage is a basis of country's heritage. This concept "natural monument" was first used in Germany. The purpose of "natural monument" is to inform the importance of preserving nature from damage and destruction. Since 1962 ⌜Cultural Properties Protection Law⌟ is enacted for the protection of domestic animals as a natural monument. But ⌜Cultural Properties Protection Law⌟has many problems that must be solved. In fact, The history of Korea natural monuments like domestic animals as natural monument like jindohound goses back approximately 70 years because the system of "natural monument" were established in the republic of south korea during the Japanese colonial period. There must be fundamental principles in the improvement of ⌜Cultural Properties Protection Law⌟ for the Realization of Constitutional Principle of the Cultural State like "preservation of original form", "preservation for a future generation", "appropriate preservation for the characteristic of domestic animals as a natural monument", "realistic and effective preservation" etc. To improve problems that ⌜Cultural Properties Protection Law⌟ has, there must be "sample survey for research on the actual condition", "impact assessment for influence valuation", "detailed and clear criteria for the designation of domestic animals as a natural monuemnt", "sound finance guarantee", "cloning business for the restoration of domestic animals as a natural monument" and so on.