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Looking into legislative process of the present high-tech medical services and laws related to Bioethics, it has been made under not adequate inquiry over whole legal systems, therefore, it is not good enough to be considered as a synthetic and systematic law. For this reason, there are a lot of cases like that a similar legal provision has been expressed repeatedly or overlapped according to its law, so I suppose it has a lot of difficulties with applying laws. It is generally considered that the major purpose of legislation or revision includes the function of settlement which is to solve the legal disputes occurring already, and the function of prevention to predict legal problems being able to occur in the future. Owing to development of biotechnology, unpredictable legal problems would happen, however, I suppose, even though it is the only one case of legislation, legislative works being able to prepare for various medical problems occurring in the medical field would be necessary. From this point of view, the laws, 'Act related to Subsidiary Generative Medical Services' and 'Act related to External Inseminations', are being effected, collide or overlap with their regulatory laws, Bioethics and Safety Act, thus the part related to the regulations out of the contents of the above two laws should be settled through the revision of Bioethics and Safety Act, and, simultaneously, I suppose the problem that the paternity relationship establishment about legal status of the person who was born by a artificial insemination should be arranged through the revision of Paternity Relationship Act of Civil Law considering its nature.

In Korea, the transfer of organs in exchange for valuable consideration is illegal, so the only method for obtaining organs for transplantation is by the altruistic consent of donors. But, due to the lacks of voluntary consents for donation, Korea is confronted with the chronic shortage of organs, like other countries, and has to find the best alternative for increasing organ supply, So, this paper, first, analyzed the various methods for increasing the voluntary consents for organ donation, namely, Presumed Consent, Mandated Consent, Internet Organ Solicitation, Organ Mutual Insurance, Paired Organ Exchange, etc. and the supply of organs from cadaveric donors. namely, Organ Free Market, Organ Future Market, Organ Death Benefit, etc, and second, proposed that the procurement of organs by the method of Tax Incentives, especially Tax Credit, is the best effective framework to solve the chronic shortage of organs. Because Tax Credit creates an incentive to attract potential donors without a commercial market, it would preserve the altruistic nature of donation, and would not produce an inequitable allocation of organs, and would not undermine the basic ethics and morality underling the foundation of the current donation system. There two types of Tax credit, whether the credit be refundable or nonrefundable. The refundable tax credit is applied first to reduce or eliminate one's tax liability, with any unused amount being paid out to the taxpayer(organ donor) in cash, so the cash represents a government subsidy to him. Therefore the refundable tax credit is an effective method not only for increasing the organ donation but also for achieving a societal purpose for low income taxpayers.

The Civil Law partial Amendment in 2005, of which the main goal is to improve children's welfare and to settle down the bi-sexual equality family system, introduced an accomplishment of bi-sexual equality in family, a reasonable reduction of prohibition range of marriage, a possibility of changing the family name for children's welfare, a national function reinforcement on the matter of bringing-up the children and custody after a divorce, an recognition of custody denial right on the Mother, and a full-adoption system. Those are on the base of world-widely common and general human-right mind and a general value which is granted in human society, unexceptionally carried out as a common tendency among many countries in the world. Especially the Civil Law Amendment in 2005, repealed `the Head of Family System' from Jan. 1. 2008, and established a new family concept and range, and also ordered a birth of new official identification records which enable to prove and announce publicly the identification relation reasonably without an assumption of `the Head of Family and Family'. Therefore, the government proclaimed `the Family Relation Registration Act' as a substitutional law of `the Family Register Act', in May 2007 to intercept an important blank of official records which prove and announce publicly the identification relation previously and to prevent the confusion caused, and has carried it out since Jan. 1. 2008. In the mean time, `the Family Relation Registration Act' which is not on the assumption of `the Head of Family and Family', the purpose of which is a management of registration and attestation of family relation occurrence and change such as a birth, a marriage, and a death of people, would be expected to bring a both-material and immaterial- social value like a constitutional idea accomplishment of a personal dignity and bi-sexual equality, an apparent protection and enforcement of personal identification information, a soundness of local finance, an efficiency of registration affair, a legal security, a convenience promotion of people. They are all possible through the national business of family relation registration affair, a formation of individual family relation registration records and a management by an organization of computerized information management, an issuing various kinds of certificates according to the use and clearness of issuing application standard, a preparation of concrete procedure after `the Civil Law Amendment', an improvement of some imperfections in current `the Family Register Act', a notification of nationality change, and an enforcement of penalty on the person who abuses family relation information . However, the problems which could be anticipated while `the Family Relation Registration Act' is carried out, which are like a discreet management of delicate personal information such as trans-gender, an usage, application, and watching of registration computerized information materials for a personal life protection, a minimizing social expense caused when issuing various kinds of certificates according to the use, a confusion of succession and change of liability caused when the sexuality can be changed relatively easily, an interception of paternal blood and indiscreet recognition of both parental blood, and a prior interception of 'the marriage an immediate relative' which could be happened during registering a full-adoption, should be discussed more closely and deeply. After all, `the Family Relation Registration Act' and the problems caused while carrying it out, should be understood in view of a spread of world-widely common and general human right mind and an existence of human right concept, and should be discussed on the premise that we should accept and reflect the value which is generally aimed and recognized in human society to a certain standard.

중국 《민사소송법》의 실시 의미와 그 내용, 실시에 따르는 문제점과 쟁점, 그리고 사례 등을 법리적 해석을 중심으로 분석해 보았다. 중국 현행 《민사소송법》의 제정을 위한 기본 “민사”와 “민사소송”의 개념과 입법 취지, 입법 과정 등과 함께 《민사소송법》의 체제와 법리 내용의 해석, 사례와 한국, 대만 등지의 《민사소송법》과의 개념을 중심으로 하는 간략한 비교를 해 보았다. 민사소송의 개념은 소송 당사자의 권리 보호와 법률의 정확하고 불편부당한 적용에 두고 있다. 《민사소송법》 사법해석의 일반 분석으로 적용에 따른 약간 문제의 의견 등의 형식으로 최고법원의 보충 규정의 형식으로 계속 공포되어 온 중국 특유의 법제 제도의 특징을 나타내고 있다. 입법 과정은 《민사소송법》이 1991년 공포된 이후 2007년 그동안의 사회의 개혁, 개방의 발전 상황에 맞추어 전면 개정해 오늘에 이르게 되었다. 그 내용은 4편으로 나누어져 28장, 268조로 구성되어 있고 총칙과 재판 정서(과정), 3편은 집행 정서, 4편은 섭외 민사소송 정서로 나누어 초보적인 민사 권리 주체의 권리와 의무를 절차를 중심으로 규정하고 있다. 《민사소송법》의 특징은 “민사”의 개념 정의를 그동안 전통적인 사법 체계인 “합법성”에 근거를 둔 것으로부터 단순한 일반적 법률 결과를 가져오는 행위로 민사 법률 행위를 규정하는 데로 선회하고 있다.《민사소송법》의 쟁점으로 재심 사유에 대한 규정의 문제, 신청 기한의 문제, 1심과 2심 판결의 연결 문제, 집행 신청기간 문제 등 과정적인 문제 들이 중점적으로 논의되었고 전국인민대표대회 법률위원회의 일괄적인 주도로 해결되었다. 《민사소송법》 적용 이후 민사소송의 사례분석으로는 아직 사안이 일천한 상태이다. 《민사소송법》의 국제 비교는 중국 대륙과 한국, 대만 등지의 《민사소송법》에 대한 간략한 비교인데 《민사소송법》에서 규정하는 조정 대상의 비교, 대만의 민사소송 운용에서 나온 제도적인 보장의 노하우 문제, 삼급 체례의 유형 비교와 한국의 경우 《민사소송법》의 정신과 운용의 원칙, 특징 등이 소송 당사자의 권익신장에 최우선의 중점을 둔 개정안을 입법하여 오늘날 이르고 있다. 결론으로 다음 세 가지를 제시하려 한다. 첫째, 중국의 《민사소송법》은 아직 초보적인 규정의 한계를 벗어나지 못하고 있다. 둘째, 구체적인 법률 규정이 아직 모호하고 정확한 귀속과 투명성을 가지지 못하고 있다. 셋째, 그럼에도 불구하고 중국 대륙의 《민사소송법》은 향후 개정을 거듭하여 완비되는 추세로 나아갈 것이며 한국과의 교류와 각종 관련 현안의 법률적 준비를 위해 중국 현행 《민사소송법》에 대한 연구와 법률 제도 운용의 실제와 판례 등에 대한 인식이 본격적으로 필요하다.

The purpose of this article is to understand the civil proceedings act(CPA hereafter) in contemporary China. CPA in China is in the establishing level. The first step was established in the form of reluctant management rule for the civil power. Even though the first level has been set up, the state owned property has not been acquired the accurate concepts through the contemporary China. I have tried to set the concepts of the civil proceedings act in China and the background of the social historical situation about CPA in contemporary China. The economic development devoting by the nation-state has helped the extension of wealth and strength of the nation. In contrast, the strength of the civil(renmin) has been neglected by economy drive policy and government for the longtime. China is at the stage of accumulation of experiences in the pro-state national policy and rights laws. The CPA would be defined the strict standardization on the points of maintenance, management and development of the civil rights and the nation power number-one phenomena should be undone, and it would be taken balance and check between national side and civil side. But the CPA has the flaws of practical process level in the set up, maintain, renew and operate law processes. We should recognize the core contexts and concepts about the state owned corporations and social-political situations.

To resolve inevitable disputes ingrained in all human societies, many nations resort to various extra-juridical means. In Korea, however, since the adoption of a modern judicial system, regardless of the nature of a particular lawsuit (whether it be private lawsuit or class action suit; whether it be a civil suit or criminal suit), all lawsuits were resolved through juridical means. This system increased operational burden on the judiciary, and failed to meet the demands of Korean citizens. In 2006, Korea has adopted pre-trial conference in criminal trial and currently, all public prosecutor’s offices are enforcing pre-trial conference in criminal trial. This paper introduces the historical origin of pre-trial conference in criminal trial and presents a suggestion to help practica affairs of pre-trial conference in criminal trial and practical affairs of pre-trial conference in criminal trial to take root in Korea. Key words Pre-trial conference in criminal trial, Criminal suit, Private lawsuit, Extra-juridical mean, ADR.

This study's major focus concerns the different developmental process of South and North Korean social welfare policies, especially the pension systems. For the purpose, articles and data on the history and the current conditions of the pension systems in South and North Korea were reviewed and analysed. The results are as follows; first, North Korea began and extended the pension system earlier than South Korea. Second, coverage and benefits of North Korean pension system are more generous than those of South Korea. Third, benefit per income rate of North Korean pension system is higher than South Korea. The rate of North Korea is 60-70%, and the rate of South Korea is 40%. Fourth, South Korean pension system is administerd by separate corporations, the National Pension System and the Pension System for Civil Servants, while administration of North Korean pension system is unified. Sixth, South Korean pension system is financed by partial funded system, while North Korean pension system is financed by pay-as-you go system.

Korea is facing a turning point from an object of legislation exchange support to a legislation exchange supporter. In other words, since Korea began for the first time its cooperative project over developing countries on the economic level in 1963, it has now came into the stage of becoming the subject of legislation exchange support project from the object of legislation exchange support. However, the abstraction and elasticity of the content of legislation exchange support project enables seeing from various angles. Accordingly, there could be various differences in basic viewpoint over the legislation exchange support project. In the midst of such various viewpoints, domestic legislation exchange support project should be still necessary in terms of the humanistic demand due to Korea's international status and the national development. However, it needs consideration through comparing the quantity of profit when both are conflicting. What is characteristic here is that domestic legislation exchange support project should aim at globalization that puts a value on the communication between countries involved in legislation exchange support. Here the globalization should not be an entirely devotional one, but an independent one that has its own culture and society and does not overlook the economic growth. Concerning terminology, the legislation exchange is difficult to assume a complete equal terms. On the standpoint that domestic legislation exchange should be based on the independent globalization, the term Legislation Exchange Support Project might be used the most precisely. An independent research has not yet been carried out about the evaluation method of legislation exchange support project. Concerning the public development assistance, the evaluation process maintains the objectivity and consistence by establishing an evaluation standard considering the 5 terms of evaluation of Organization for Economic Cooperation and Development and Development Assistance Committee. However, this method of evaluation is based on economic assistance, so the evaluation method of legislation exchange support project is hard to be seen effective. Therefore, an effective and systematic evaluation method might need be created through a systematic research.

Once the confession in a trial is established valid, the court of justice must base it as the ground of the verdict without asking the authenticity of the confessed fact. Also, the confessor is bound by the confession and is restricted from making fact assertions that opposes the confession. And the opposite party become unable to prove the existence of the confessed fact. In other words, a confession has the validity of excluding the jurisdiction of court on the confessed fact and at the same time has a binding force on the confessor. When taken in the perspective of the formation of litigation procedures, a confession makes the proof procedures of confessed fact, has the validity of procedure formation that advances the procedure and has the validity of settling the base fact of the judicial decision. Therefore, the confessor is not allowed to withdraw this in principle. A confession is a act of litigation, has no cancellation clause in the General Provisions of the Civil Code and can only be withdrawn by the exceptional conditions presecribed by the proviso 288 of the Code of Civil Procedures. While there was no clause concerning the withdrawal clause of confession in the old code of civil procedures, Germany installed the express provision allowing withdrawal if the confession does not concur with the truth and also can be proven to be from an error in the article 290 of German cold of civil procedures, and even in the old code the commonly view and precedents recognized the withdrawal of confession under the same condition and the above German code, taking into the above article under consideration. Also, among the withdrawal conditions of nontruth and error, an error simply means that the confessor misunderstood a specific fact at the time of confession, and does not mean error in the civil law, or incongruency between the validity intention and the indicated action. Because this is an action of litigation that has the characteristic of conception notification, in which the legal characteristic of a confession reports a specific fact on the court of justice in the justice, there is a precedent recognizes a confession caused by an error just by the intent of general pleading. However, strictly restricting the withdrawal of confession by the express provision 288 of the Cold of Civil Procedures is not natural when reviewed under comparative law. The clause 2, article 266 of the Austrian code of civil procedures make the validity of confession in justice to be up to the discretion of the court, and, even in the mother law country Germany, the condition of error is not strictly demanded as long as there is the proof of nontruth. Also, the code of civil procedure of Japan does not have any clause concerning the withdrawal of confession. The fact that the confession withdrawal conditions are applied in considerable mitigated form and the that the condition of the proof of error is mitigated in precedents in Germany provides sufficient grounds for an opportunity to review the confession withdrawal conditions. Especially If we recall that the article 263 of the German old code of civil procedure listing the proof of error as one of the confession withdrawal condition lead to an intense polemic on whether a confession as the confession characteristic is an intention indication or intention indication or conception indication and that the strict listing of confession withdrawal condition in the article 290 of the German code of civil procedures was thought as at least one cause of the distinction between claimed confession and fact confession in the polemic on the lawfulness of the claimed confession, the theoretical review of the confession withdrawal condition is a very important task. Therefore, in this article, the withdrawal conditions of confession in court is examined. The precedents of Korea on the proviso clause of article 288 of the Code of Civil Procedure, precedents of Japan where there is not a particular express provision on the confession withdrawal conditions and theories asserted in Japan are examined. And the confession withdrawal conditions are theoretically reviewed.

This research includes the analysis of 'discrimination' and 'hate crime' being taken place in our society, and relates the value of human rights through engaging them on the assumption that 'hate crime' is not unrelated with social 'discrimination'. 'Social discrimination' is relevant to 'hate crime'. An object of the 'social discrimination' is usually the people classified as the disadvantaged. And people who fancy them to be social victims sometimes commit 'hate crimes' targeting at children, the old, females and minority. Also that kind of people express their acts in the type of 'indiscrimination' or 'indiscrimination crimes', who have a common feature of anger-out for many and unspecified persons. Hence, a countermeasure is required for preventing to happen any innocent treatment and sacrifice as well as for stopping the vicious cycle that hate of the kind of people accompanying various violence reproduces another hate, and this article is based on a variety range of attributes of human rights accordingly. 'Hate crime' is also called 'abhorrence crime', which means a non-motive crime to attribute one's self deprivation to society and to assail many and unspecified persons. And 'discrimination' act may be basically described as a type of control or act to isolate specified group from society by inequally treating an equal group on the basis of arbitrary standard. First of all, this articles also emphasize a need of being aware about the aforementioned acts so as to keep peace and order of society and to prevent people's indifference. Also this relates the reason that a need of this kind of study is required. In addition, this articles includes theories of 'discrimination' and 'hate crime' and is analyzing the connection of them (persuading that 'discrimination' itself is just 'crime' in it.). The content based on human race, nationality, religion, disadvantage and sexual orientation is mainly focused, and it is said that the items have connection and feedback between themselves as a result of cause and effect. Also through the content, as the value of human rights, it states that aggravating the causes of the acts of social 'discrimination' and 'hate crime' is possible, and it concretely proposes some kinds of the topic related solution such as on deployment of new human rights theories, prevention by education of human rights, inducement of attention through applying 'International Human Rights Law' and method from judicial system.

The Koran Product Liability Act has a comprehensive definition of the term 'defect', which means the lack of safety that the product ordinarily should provide. It also includes three basic types of defects which may call for different treatment: manufacturing defects, design defects and warning defects. The defect type 'manufacturing defect,' as a strict non-negligence liability, is not so difficult to judge since it is based on consistency between the actual product and the design. However, as for ‘design defects’ and 'warning defects', they are not so easy to judge since they are dependent upon the existence of a reasonable alternative design and reasonable instructions or warnings. It will be said to be fair to operate ‘design defects’ in a direction that a reasonable alternative design in question should be judged according to risk-utility test, the alternative design presented by the victim is presumed to be reasonable so long as there are no special circumstances, considering that the victim is less familiar than the manufacturer with the product, and that the manufacturer's reasonableness is being contested. ‘Warning defects’ should also be judged according to a risk-utility test, and recently a variety of methods have been developed and utilized to warn of the product's risk, and this can be considered to be a kind of social trend.

The three basic necessities for human are clothing, food, and shelter. The commercial building and housing is said to be the most fundamental and intrinsic factor serving as the foundation for establishing a human social living. This thesis is a study of the legal settlement to make an approach for the commercial building lease protection act and the housing lease protection law system. The housing lease protection act was established in March 1981. It was enacted in the form of a special law to guarantee the stability of residential life, especially for those homeless citizens who can't afford to buy their own house. The commercial building lease protection act was established in December 29, 2001, in order to stabilize citizens' lives by protecting lessees. The homeless must lease other's house to and commercial building for their steady house life and business. The commercial building lease protection act shall apply for business purposes. This acts allows a lessee who have the power of antagonism when he occupy the house and building. I think that a lessee should be allowed opposing power as soon as he takes possession of it. In the application this law not only those house for dwelling but also those commercial store possessed by the destitution person should be included as the object of protection. The homeless must lease a house to protect themselves and their families day and night. Busnessmen lease a commercial building for them to provide good life for their family. The housing and commercial lease protection act has problems to be regulated. The commercial building lease protection act limits the sphere of application the amount of the deposit money. For example, in Jeon Ju city, the limit is 150,000,000 won and Seoul city, the limit is 260,000,000 won. So I hope that this study will resolve the dispute between the contracting parties. And that this study may protect their rights to lease.

The labor management relation of public service personnel is acknowledging that the public service personnel are legal workers and acknowledging the relation with the employer as a labor relation. Accordingly, the public service personnel’s labor management relation is closely related to the activities of the public service personnel labor unions. Starting January 2006, Korean general workers and most of the level 6 or below public service personnel were permitted to join the public service personnel labor unions. It has been estimated that as of December 31st, 2008, there are a 983,000 public service personnel in Korea. Of these, only 299,000 public service personnel are permitted to join the public service personnel labor unions. A total of 95 public service personnel labor unions have been established in Korea and there are 215,537 union members. The official foundation of the public service personnel labor unions has brought a very important and major change personnel administration. When the collective bargaining process is fully expanded then the significance of public service personnel relations will be actually felt. However, we mus acknowledge that positive and negative aspects exist in the activities of public service personnel labor unions organized through the recognition that public service personnel are legal workers. First and foremost, corruption must be prevented by elevating the social and economical status of the public service personnel by guaranteeing basic living expenses which will improve the public service personnel’s morale. Furthermore, the public service personnel labor unions should contribute to the development of the administration through mutual understanding and democratization of the administration by talking and negotiating with the management. Confusion in the command system of the administration’s organization must be prevented through voluntary participation in the public office society’s reformation. In addition, efforts must be made to not be referred to as the expression of group egoism of public service personnel. If necessary present laws and future statutes must be enacted according to the status of the public service personnel labor unions’ labor management relations. Statutes must be enacted and amended to democratically and rationally solve problems such as the specific legal number of public service personnel that are allowed to join the public service personnel labor unions, embodiment of the collective bargaining processes and window (counter) simplification problems, public service personnel labor management relations regulations and management of the arbitration committee. Ultimately, Korea’s public service personnel labor management relations must be led through harmonious division of roles and cooperation with the public service labor unions. Particularly, the role of the public service personnel labor unions must be more productive and positive compared to general worker labor movements. Furthermore, these points must become the goals to be achieved by the government authorities, the citizens and the public service personnel relevant to the earnest activities of the public service personnel labor unions. Key words The public service personnel, Worker, Labor relation, labor movement, The public service personnel labor union, The labor management relation.

Korea established the Medical Treatment and Custody Act with countermeasure about mental disorder offender. The Purpose of Medical Treatment and Custody Act is to provide for means to prevent recommitment and facilitate the return to the society of those who have committed any offense in the state of mental handicap or narcotic, alcohol or other drug addiction and are considered to present a danger of recidivism and need special training, rehabilitation and treatment, by placing them under proper protection and treatment. The Medical Treatment and Custody Act is providing procedures for medical treatment and custody cases, execution of medical treatment and custody, treatment and rights of medical treatment and custody subjects, probation, medical treatment and custody deliberation committee etc. The purpose of this study is to examine legal problem and problem of operation of the medical treatment and custody system in korea focusing on the Medical Treatment and Custody Act. Based on this problems, this paper presented an improvement measures on the medical treatment and custody system in korea.

The term "labor contract" means a contract which have been signed between employer and employee for the purpose of the discipline of the labor conditions. when it come to labor contract, contracting parties should bear the basic obligation of offering labor and paying wages. And contracting parties should bear the different Incident duties on the principle of faith and trust as well as these basic obligation. The are frequent occasions when the Incident duties are occurred by the law, but most of the incident duties are occurred by the principle of faith and trust. And these incident duties are to be imposed with in the four corners of not violating unduly another's right. Laborer's incident duty includes duty not to work for a competitor, duty of confidence, duty of enterprise order etc. And employer's incident duty includes duty of diligence, duty of personality care, duty of workplace environment care duty of protecting the private information, etc. Our civil law as a matter of employment contract draw up freely agreements with the private autonomy which is equal. With consequently, the this lack of balance between employer and employee bore the actual condition which is a subordinate characteristic of employee. it was born a labor law as the enforcement law for a weak person protection and this imbalance. But the this labor laws is not a damage liability about the damage where occur from labor process. We will not be able to hold a civil law again in order to solve this problem. This paper investigates about juridical relation a thing which will charge the juridical relation and the liability for the damages of the employer and employee on the damage which happens from this labor process