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It is usually said that the most important impact to threaten the right to learn of student is the invasion of safety for educational environment in school. that is, a life guard for problem students and punishment for them, violence in school, bully problem, criminal case caused by punishment and the other several safety accident caused in school. The invasion of safety for educational environment in school is the essential factor to invade the right to learn of student. Korea constitution article 35 (1) said that "all citizens shall have the right to a healthy and pleasant environment. The state and all citizens shall endeavor to protect the environment". So all citizens have the right to a healthy and pleasant environment and the state has the duty to guarantee these right of citizens. These environment right means that to live in healthy and pleasant environment in narrow, just to live in environment without invasion of life and health. But in wide, to live in good social environment such as cultural environment, road, park, education, medical care are involved in these rights. In these days, the right to environment means that not only natural environment but also cultural and social environment. By the way, how much safety of our educational environment in school even though these constitutional right to environment? What they are doing for protecting the invasion of safety for educational environment in school and to protect the light to learn of student. We need to discuss about how to do their duty to making safe educational environment. To promote safe educational environment, the school and educational authority as well as student and parents need to change their mind for educational environment and to do something. that is, the change of mind of teachers, students, educational authority and parents and to prepare legal and institutional system for them are needed. First, it is needed to change of mind for the importance about educational environment in school and the right to learn of student. Second, the code for protecting school violence is needed to amend more effective and detail so that to applicate any problems raising in school.Third, educational authority, schools and NGO are needed to do something for removing the invasion of safety for educational environment in school and making safe educational environment by legal and institutional system.

지역무역협정의 체결이 전세계 동시다발적인 추세가 되는 가운데, 동북아시아 지 역의 3국 (한국, 중국, 일본) 역시 1990년대 이후부터 무역정책의 핵심문제로 지역 무역협정을 선택하여 이러한 현상에 동참하고 있다. 특히 1997년 아시아 외환위기와 중국의 WTO 가입 등 일련의 상황들을 거치면서 지역무역협정의 체결은 동북아시아 지역에서 보편화되면서 복잡하게 변화하고 있다. 2000년대를 넘어서면서 각국은 동 북아시아 무역을 포괄하는 지역무역협정, 즉 한중일 FTA 체결을 위한 준비 작업을 시작하였다. 구체적인 체결방식 등은 현재 논의되고 있으며, 장기적인 안목에서 각 분야의 규정을 마련할 필요가 있다. 무역규범 중에서, 비관세 무역보호장치(무역구제조치)의 핵심이 되는 반덤핑 및 보조금 상계조치에 관한 규정 역시 이러한 관점에서 접근이 가능하다. 지역무역협정에서 나타나고 있는 이 분야의 규정은 여러 모습이다. 일부 지역무역협정에서 발견 할 수 있는 사항은, 바로 해당 국가 사이의 무역에 관하여 반덤핑 및 보조금 상계조치의 적용을 배제하고 경쟁규범 등을 통하여 이 분야의 규율을 시도하려는 경향이다. 물론 반덤핑 규정과 같은 무역구제규범과 경쟁규범과는 성격 면에서 일부 차이가 있는 것이 사실이지만, 지역무역협정의 해당 국가들은 관련 규범을 서로 조화시키면서 장기적인 관점에서 이러한 방식을 취하고 있다. 한중일 FTA의 준비과정에서도 이와 같은 방법에 대한 검토가 필요할 것이다. 즉, 본 연구를 통해서 검토한 지역무역협정들의 관련 문제에 대한 해결과 경쟁법규를 통한 대체의 문제는 한중일 FTA의 체결을 준비하는 과정에서도 충분히 검토될만한 문제이다. 다만, 일부 지역무역협정에서 이룩된 규제방식을 충분한 준비 없이 단기적인 결단으로 취하기는 많은 어려움이 따른다. 현재 한중일 3국의 무역관계가 날로 성장 하고 있는 만큼, 비관세 무역장벽인 반덤핑 조치 등이 서로에게 빈번하게 적용되고 있기 때문이다. 그럼에도 불구하고 장기적인 관점에서 보면, 이러한 규정 방식은 한중일 FTA에서도 필요한 것이며, 많은 준비와 전제조건의 충족을 통해서 가능하다.이와 같은 규제방식을 선택한 지역무역협정들 역시 오랜 시간의 준비와 해당 국가들의 규범조화를 위한 노력으로 얻은 결과임을 상기할 필요가 있다.

Today, the transferability of a claim has been definitely established. The demand of money and an Obligatory right would be one of the reasons to admit the transferability of the claim. In a sense, a claim has no transferability in itself. However, The extension of the transferability of a claim become necessary conditions is not only considered as transferable but also acknowledged as security at present-day. The present study and a(judicial)precedent deals with the cases where the right to protest in the part of transferees is controversial. The issues about the right to protest for the transfer are examined as below in the present study. For example, the interrelationship and interpretation of Sub-Section 1 and 2 of Section 451 of the Civil Law analyzed as a general problem of the transferee's right to protest. And, the right to protest for the transfer and the legal relationship in case double transactions of a claim-including transfer with the establishment of the right of pledge on a claim, or transfer with the seizure of a claim - are examined transferees' right to protest is dealt with when he obtains a claim that is not transferable by a contract the debtor's right to protest. above all. a setoff of the debtor is also dealt with a criticism Uniquely, it is said that a setoff is a device under Civil Code, designed to use the judicial system efficiently, to remove the inconvenience and to spare the expenses of the parties. In other words, a setoff right is, provided in Civil Code, is the typical authority that contribute to such a purposes.

The obligations of safety consideration are comprehensive ones recognized to remove the dangers of workers' life, bodies and properties arising in a course of employees using the installed equipment or appliances, or providing labor in accordance with instructions. The obligations of safety consideration initially discussed at labor contracts, transportation contracts, medical contracts and accommodation contracts and the like, are inclusive ones to for one or mutual parties secure the other party's life or physical safety. Domestic theories on the legal character of the obligations of safety consideration are divided. However, it will be thought valid to explain them with the same grounds to all area such the obligations of safety consideration, but to divide them into that based on survival rights in case of high risky area like labor contracts, and that based on the incidental ones in the principle of good faith in case of general social contract relations. And it is discussed to see the character of the responsibility of damages due to the breach of the obligations of safety consideration as the responsibility of a tort, or that of non-performance of liabilities. Regarding this matter, the responsibility of damages due to the breach of the obligations to secure safety should be understood as that of non-performance by the incomplete performance of liabilities.

Not till the present time since it appeared ten years ago, has the cyber-crime been included but it has been distributed into the diverse special law. So we have regulated it oppressively by the several and simultaneous law whenever we run into the serious social troubles. With too much special regulation, the temporary method caused excessive crime and punishment. thus, we should streamline the related law and enforce the function of general prevention. Moreover we ought to make the cyber space criminal law in order to respond the cyber-crime emerging and changing with the state of art communication technology. We can discern the cyber-crime by telling the traditional crime using cyber space from the particular cyber space. We can include the one by revising the criminal law. And then we can legislate the other by conditionizing the newly emerging cyber-crime. We should take the following points into consideration, legislating the special cyber space criminal law. First of all, we should consider the equilibrium with off-line crime. We have treated it particularly by adding to punishment and conditionizing the social problem without thinking of pertinence about the punishment. Nevertheless, we have to discuss the cyber crime within the existing criminal law because the cyber space is no more than real world. Second of all, we should create the appropriate procedure of investigation. for sure, although we should not treat the cyber space, it has traits different from the traditional crime. So it needs the different investigation way. Thus we need the provision for both the substantial law and the procedure. Third of all, we should create the responsible provision of on-line suppliers. The role of on-line suppliers is very important. However need to discharge the responsibility of on-line suppliers on account of the basic criminal law principle, the responsibilities, which we think much of. Last of all, the final consideration point is the enlargement of technological precaution devices and protection measures. The previous method to prevent cyber crime is through the enforcement of the security system but we can't completely achieve the safety only through the technological precaution devices. They are just the primary measures and then we can respond to the cyber crime by the post criminal regulation. Nevertheless, we need to enlarge the protection measures in consideration that the punishment is irreversible.

As electronic and digital trends were emphasized in a world-wide scale, the notion of ‘E-government’ appeared and has been developed. Korea has made steady efforts for the reform to ‘E-government’, too. As the world gets more electronized and digitalized, many governments have tried reformation in governmental area to the ‘E-Government’ and Korea is taking leading position in that reform. But, generally speaking, ‘E-Government’ policies in Korea have inattentively dealt with basic human rights of Korean people such as right of privacy by having excessively clung to the economic ideal of ‘administrative efficiency.’ With the remarkable development of IT and the enlargement of its basic equipment, we are interested in Information increasingly. Recently, there has been in Korea a discussion on the establishment of a body on the protection of student information. From this critical point of view, this study starts with surveying the definition of ‘Student Information’ and ‘Education Information. The protection of student information is still governed by general laws related to the protection of personal information. Student information needs to be protected in a manner different from personal information through enacting a separate law, which would specify the disclosure and protection of student information and the rights of parents. It should be determined in view of the need of education rather than personal rights whether the National Education Information System (NEIS) must include educational information or not. I believe the problem ofinfringement on personal rights which might arise in the course of using educational information should be solved through authorization and security technology adopted by the NEIS as well as the enactment of a new law. These kind of NEIS' data is based on the basic rights of ‘self-data decision’ and ‘self-data control’ which are layed on our constitutional law. Hence the director and teachers in a school should obey the rule which they have to obtain students' parents' consent to collect personal data, to accumulate those data and profiles as the sharing database, and to use the personal information and to dissolve those data. So School masters have to permit to access to their children and to offer their children educational personal data. But we have to make face with any legal resource and are going to search for the standard of data protection guideline of OECD and EU following as: these rule are ‘limit of collection data’, ‘principle of data contents’, ‘principle of object distinct’, ‘principle of limit of use to personal data’, ‘principle of safe protection policy’, ‘principle of openness’, ‘principle to participate’ and ‘principle of responsibility.’ I think that this type of enactment in Korea gives us considerable suggestions in many respects.

Basically, the right of privacy means passive and defensive concepts in a sense that it aims to secure ‘secrecy and freedom of privacy' as stipulated in the Article 17 of Korean Constitution, but it has lately involved more active implications that include legitimate control over personal information and independent decision of behaviors. In further sense, it is constitutionally accepted that the right of privacy widely encompasses ‘personal interests deserving social protection from their unwanted disclosure and independent interests pertinent to making crucial decision, including personal right of marriage, childbirth, contraception and child nurture.’ On the other hand, the right of publicity means protection of personal name, portrait(image) and the like from their unauthorized use in favor of others' interests. Thus, it encompasses both the right of personality and that of property fundamentally. From this perspective, the right of publicity may be considered a sort of property right with different nature from the right of personality. However, it is undeniable that the right of publicity considers elements of personality right as the object of right, so it is possibly reasonable to consider the right of publicity as the right which may be restricted according to the principle of good faith from the perspectives of the detailed content of agreement, rather than compose it as genuine right of property. In Korea, the National Assembly Culture & Tourism Council discussed legislation of express provisions about the right of publicity on June 23, 2005, but came to nothing worthwhile.In latest situation of even slight but gradually increasing legal disputes about the right of publicity, it will be required to prepare corresponding legislative solutions sooner or later.

Recently the Chinese government has carried out appropriate coordination between the planned economy and the market economy, in order to narrow the distinction in wealth between the wealthy and the poor. The Chinese property law has been enacted by arranging the existing security law, the real property law, general provisions of the civil code and so on. In Chinese property law, the system of good faith acquirement of real property established based on public presumption credibility and demonstrative effect of registry in order to consummate China's transaction safety protection system. The system for real estate registration in china was in charge of an each local executive agency, but not the court. This system was involved with many problems for a nationwide unified enforcement. The Law of Reality of China enacted anew is only to provide for basic principle for the real estate registration. The detailed process and proceedings in the concrete for the unified enforcement of real estate registration is to improve over the short haul. After solving the matters in dispute these days, China has been more and more grown rapidly by establishing the Chinese property law and the good faith acquirement of the real property now.

If we understand that the penalty system is to protect lives from the life threatening behaviors, the existence of death sentence is an incompatible discrepancy and there cannot be any other side products except functional and symbolical meanings. Nowadays, human rights are highly regarded so as that we can control the thought to resolve the issue of crimes through death penalty. When considering that the high level of the respect for the human rights is achieved through the long historical fights, the extension of human rights through the removal of death penalty is the issue that should reflect the common efforts of the human beings and the long fighting history. Under such provisions, we reviewed the status and the problems of the death penalty in three countries in Northeast Asia and the social and political situations of individual countries. The common reasons why the three countries wanted to have the death penalty in their legal systems were superficially the feelings of citizens, legal confidence and the theory of social status. However, when we looked into the issue more deeply, they wanted to have it to maintain the political authority and the order of the system. We cannot deny the trend even at present. If we look into the death penalty in Korea, China and Japan, they seem to be potentially reserved, mass public execution and symbolical existence respectively. The public opinion on the death penalty in those three countries is strict enforcement. In other words, the issue of the existence or eradication of death penalty does not depend on the public feelings or legal confidence or cultural development of the nation but on the political decision of the nation. When we look back the past history, Northeast Asian nationsenforced the death penalty when they wanted to arrange the government system or when they did not have authenticity. When they have stable political situations and established the nation firmly, they normally mitigated or suspended the execution of death sentence. Therefore, it is confirmed again that the existence or the termination of the death penalty needs political decision. This perception is very true when we consider the nations that have already remove the death sentence from their penalty system. Conclusively, we need to discuss the abolition of death penalty and avoid the argument regarding the public feelings and the level of the culturaldevelopment to address Being too early. If we address that we still need death penalty based on those assertions, we may have to accept that our culture is still primitive, non-enlightened and closed. Additionally we need to change the tactics to approach the issue of death penalty. We need to classify the discussions regarding the death penalty as strategy and tactics, review the strategic dimension which has mainly been studied and find realistic solutions in the dimension of tactics. The formatted discussion regarding the death penalty is frequently mentioned as the cause of stagnation of the controversy. It is hoped that this study would stimulate researchers to find various methodologies to abolish the death penalty from the discipline system.

The inflow of foreign capital into the Korean domestic market has greatly increased since the financial crisis in 1997. In this globalization of capital markets, domestic companies enter foreign capital markets, foreign companies enter domestic capital markets or foreign capital flows into domestic markets. In case of primary offerings by foreign companies into domestic securities markets, major issue is which disclosures standards the foreign companies should comply with. In cases of inflow of foreign capital into domestic securities markets, major issues are the defensive actions against the threat of hostile M&A by foreign capital and regulation of foreign capital. It cannot be denied that the increased inflow of foreign capital into Korea has had positive economic effects on the Korean capital market, but concerns about the negative effects of foreign capital have been raised. However, positive side of foreign capital needs to be encouraged, and better means of addressing the threat of hostile M&A by foreign capital may be the reform of corporate governance through continued market reform and the extension of securities market through promotion of capital markets rather than the introduction of new tactics for the protection of management rights, the abolition of market reform systems or the special regulation of foreign capital.

In compliance with the changing of Child Welfare Act of in 2000 year, the legal basis of social intervention about a child abuse was prepared, and, with the continued amendments of the Act, there were many changes to our country child abuse prevention and intervention. But when sees in point of the basic principle on the right and protective of child, the Act role is insufficient in the intervention of prevention and discovery of child and the protective necessity etc. It is follows to propose the desirable legal subject as a matter of child abuse problem. First, it is needed to constitute the child abuse prevention act for clearing & materializing the concept of abuse to judge and report child abuse and disposing a child abuse problem in speciality & systematic. Second, in order to activate the report of child abuse levies a report duty in the report obligator and also the provision on the concrete process which follows hereupon and exemption from responsibility is necessary. Third, in the case which will take a protective custody to the abused child, the legal system must be prepared for the possibility on the pre or anti judicial intervention. And the legal provision which will be able to protect temporarily until taking a protective custody without the will of the cruelty protector must be prepared. Forth, it is needed to amendment the requisition on the adjudication of loss of parental authority, and if the degree where the cruelty act is serious, the design of the system which is able to limit the recovery of lost of parental authority is necessary. In the last, the introduction of the compulsion provision which a cruelty obligatorily participates to a service program to prevent from occurring child abuse is needed.

Parody is a defense to trademark infringement. The defense is that there is no likelihood of confusion because the parody will not be taken seriously. While it must initially bring to mind the original, it must be clever enough to be clear that it is not the original nor connected with the original, but is a parody, a humorous take-off on the original. In France, a trademark parody defence does succeed in certain cases on the grounds that consumers may not be confused with the original. Although parody is accepted as freedom of expression, it is not considered to override the trademark owner's rights, if the parody is used for purely commercial purposes. Commercial use of another's trademark is in all cases considered as an infringement and fair use defence is most unlikely to prevail. Even where a defendant uses another's trademark in a humorous way to promote his own products and services, it is not a permitted trademark parody use. Commercial use of another's trademark in the Internet context is similarly considered an infringement. However, in cases of editorial parody, where a trademark is utilised for the purposes of satirising even a popular and well-known trademark, there are chances of defence of fair use prevailing, despite claims of source confusion or dilution of the trademark. For a long time, logo parody on websites could not be envisaged by French courts. Trade marks were considered as "absolute" rights that no one could mock without being liable for infringement. A breach in that strict jurisprudence was first made in the "JeBoycotteDanone.com" appeal decision of 30 April 2003. Displaying a modified version of the famous Danone logo featuring a black stripe as a way to criticize the firm's social policy was deemed to be freedom of speech. Then Greenpeace's communication got under fire for two logo parodies found on its websites: the first one turned the oil company ESSO into E$$O and the second one added a human skull shadow and a dead fish behind Areva's capital A logo. Both cases got different outcomes in appeal. The association got the green light on the Esso parody (CA Paris, 16 November 2005). In Areva however, while the trade mark counterfeiting assertion was rejected, the court considered that the logo parodies denigrated the trade mark (CA Paris 17 November 2006): the association of the mark with morbid symbols would "lead to think that any product or service provided under said marks would be deadly"*, the court said. Such discredit, generalized to all products and services provided by Areva was deemed to go over the limit of "allowed freedom of speech". The court considered that by doing so Greenpeace went over its aim, i.e. struggling against nuclear wastes. A recent decision of the Cour de Cassation issued on 8 April 2008 has censured this part of the decision. The French supreme court ruled that Greenpeace was "acting pursuant to its aim, in a public interest and public health purpose, and by means that were proportionated to this goal" and therefore that Greenpeace had not abused its freedom of speech right.

Unter den Beleidigungsdelikten nach §§ 307ff. des koreanischen Strafgesetzbuches (korStGB) fallen nicht nur die Beleidigung an sich, sondern auch die üble Nachrede, die Verleumdung sowie diejenigen durch Publikationsmittel. Bei der Auslegung der Beleidigungsdelikte, insbesondere des § 309 korStGB geht es einerseits um die Tatsachenbehauptung, d. h. die Äußerung über konkrete Vorgänge oder Zustände der Vergangenheit oder der Gegenwart; andererseits handelt es sich wiederholt um den Subsumtionsbereich des Publikationsmittels. Bei letzterem lassen sich im Schrifttum im Wesentlichen zwei entgegengesetzte Strömungen unterscheiden. Diesbezüglich wurde in der vorliegenden Arbeit vor allem die Struktur der Beleidigungsdelikte und ihre Bedeutung in der Praxis analysiert. Daraus betrachtet sollte § 309 korStGB de lege feranda auch Beleidigungsdelikte enthalten, die sich über das Netz begehen lassen. Festzustellen ist weiterhin, dass der Anwendungsbereich des § 310 eine Reform in Verbindung mit §307 und § 309 korStGB erfordert. Außerdem bedarf die Rechtsprechung, die Beleidigungsdelikt durch Publikationsmittel ebenfalls in der Form einer mittelbaren Täterschaft bejaht, noch eine kritische Überlgung wert.

Concerning the matter which is related with a possessive inheritance, it is based on the point of view whether we take a possession as a fact or a right. This old debate relating with an inheritance is linked with the matter-whether we emphasize a possession or an inheritance, futhermore, whether an inheritance is regarded as a personality succession or a right succession. According to our Civil Law, the possession includes both a fact and a right, and the inheritance includes both a personality succession and a right succession at the same time. In the mean time, an inheritance of possession right for the inheritor who acquires an actual possession is decided on if the inherent possession is admitted or not, according to whichever is taken importantly, a possession or an inheritance. An inheritance of possession right is existed in the contact point between the possession system which protects the actual control on an object and the inheritance system which succeeds the right and duty inclusively, and the construction of law is necessary to accord the both. The prevailing theory which admits the inherent possession of an inheritor is more persuasive in terms of an accordance of the possession and the inheritance, since it discriminates between the actual possession and the previous conceptional possession, and compromises the both as well. And this problem is based on the matter-whether we consider the inheritance as an inclusive succession of individual right and duty, or as a succession of an inheritor's position and personality. Buy the way, the precedent opinion is appropriate in case of only the conceptional possession right transference by the inheritance according to the Civil Law Article 193 because the inheritance itself does not change the nature of possession, but in case the inheritor acquires an actual control over the inheritance, it is considered as an acquisition of his own possession. The precedent opinion which reveals that it cannot be a new right even though the inheritor begins an actual possession, tends to a personality succession view which is a traditional concept, beyond the view-the essence of an inheritance is a succession of a individual right and duty. However, this should be reconsidered since it is not corresponding with a contemporary individual inheritance law, the possession is a system which gives a certain legal effect to an actual activity which controls the real life, and if an inheritor's possession could not be a new right, an acquisitive prescription itself is not easy in case of an inheritance, no matter how much time goes by, and to make a balance with other cases which grant the acquisitive prescription. In the end, an inheritor can acquire an actual control not through the conceptional possession embodiment but through an actual possession of an inheritor himself, and can take it as an inheritance title.

The purpose of this article is to understand the labor contract law(LCL hereafter) in contemporary China. The labor contract law in China is in the establishing level. The first step was established in the form of labor law in 1994. Even though the first level has been set up, the labors of China have not acquired through the contemporary China. I set the concept the labor in China and the background of the social historical situation in contemporary China. The economic development has helped the extension of intelligency and science knowledge. In contrast, labor has been alienated by economy drive policy longtime. China is at the stage of accumulation of experiences in the labor protection and rights laws. The new LCL defines the strict standardization on the points of contract between boss and labor. But the LCL has the flaws of practical process level in the set up, maintain, renew and finish contracts. We should recognize the core contexts and concepts about the labor and social-political situations.

This Paper mostly deals with unknown clause among marine trade carrier's exception clause. now it is required to control both transporters and shippers rationally. Therefore this paper is to look into the problem in the course of using unknown clause and show the rational clause. This Paper presents the practical standard for the operation of unknown clause through the efficiency of one of exception clause, unknown clause the matter of admitting only when the conveyor neglects his duties, in case conveyor includes unknown clause, and the problem of unknown clause with the relationship of other things. in particular, nowadays one of the problem of the unknown clause is that due to the appearance of container. dispatcher loads the contents of transport directly in the container, undertaker concerned container to marine transport. This contents arranged liability contents of marine goods transport on Hague Rule, Hague-Visby Rule, Hamburg Rules on the current basis.

The recent Amendments to the Copyright Law extended the copyrightability of works of applied art. These Amendments give designers freedom to broaden the scope and conditions of copyright protection. So there would be many cases it is possible to obtain cumulative protection in relation to the copyright and design regimes in Korea. There are various forms that cumulative protection of design or applied art takes. In France and some EU members states full cumulative protection has been adopted. Other countries provide partially cumulative protection where only previously registered designs may also be subject to copyright protection if they meet certain condition. ( e.g. By satisfying the 'separability' test.) In our legal system the principle of cumulation with copyright and design protection have to be harmonized. It is necessary to find a possible solution by reviewing synthetically the Copyright Law and Design Law.