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Although North Korea has serious economic difficulties and severe conflict with the United States over nuclear and other issues, Kim Jong-il has built a relatively stable power base for ruling North Korea. North Korea had registered a negative economic growth for nine consecutive years during the 1990s due to the accumulated contradictions in its socialist planned economy and the collapse of the socialist economic bloc. As a result, it has suffered serious economic difficulties, including shortage of food, energy, raw materials, and foreign reserve. The purpose of this paper is to analyze 'the theory of socialistic legal state construction' and 'social judiciary life' in North Korea, to review legislation trend in the light of publishment of code for North Korean people, and prospect the legislation base on constitutional government in North Korea. Maintenance and contents of North Korean legislation is evaluated to protect the stable power of Kim Jong-il regime and overcome serious economic difficulties. North Korea was amended the socialistic constitution 2009 which is strengthen the power of the chairman of military defence committee (Kim Jong-il) to guarantee power succession. And the criminal law's addenda(supplementary provision) 2007 and amendment of criminal code 2009 which is established with one of the normative control for the strengthen of Kim Jong-il's regime in North Korea. The reinforcement of punishment actually about the 'general crime' which provided the 2007 addenda of North Korean criminal law and amended criminal code 2009 are accomplishing the important axis which the normative control for the maintenance of Kim Jong-il's regime. It should be consider seriously that laws relating economic reform to recover domestic economic crisis, to develop foreigner investment as like the law of Rajin-sunbong economic trade zone, the law of real-state registration, etc.. North Korean authority assert the theory of socialistic legal state construction and social judiciary life as the theoretical foundation of the maintenance of the establishment and amendment of laws for the reinforcement and economic improvement in Kim Jong-il's regime. In the time when is evaluated that legislative maintenance become very active, North Korean laws requests an analysis and evaluation. It is very important that a legal theory like the socialistic legal state construction and legislative maintenance to induce the way to real constitutionalism, namely 'rule by(of) law' in North Korea.

Cultural heritages of a country are important assets for it has critical significance in every direction such as Politics, Economy, Culture, Art, Religion from its specific historical moments. It also indicates certain identity of the people and leads to an advanced future society as a cultural content. The administrative agency of the State Council called 'State Administration of Cultural Heritage' and the relevant ministries established at each districts as Government-affiliated organizations are carrying out the maintaining and preserving the cultural properties in China. China has been enacting the basic guideline 'Efficient protection, utilization and consolidation of maintaining the Cultural properties ' on Cultural assets related-task since legislating a policy of 'Preserving cultural properties and maintenance works' in 1992. China has established and had been conducting many laws and regulations to protect Cultural assets. Above all, there is the 'Cultural Properties Protection Law' and the ordinances providing its substances to assist carrying out the law. The Cultural Properties Protection Law is clearly defining the following : ① Establishing a preservation of the products of civilization, ②Ascertain the extent of untransferable cultural properties, ③ Strict regulation of protective system on the museum's collection, ④ Regulation on mutual transfer at cost between state-owned museums' products of civilization, ⑤ Legal responsibilities for crimes about the cultural properties and damaging the cultural assets. And an enforcement ordinance was put in force since July 1, 2003. Despite all the efforts of the Chinese Government, there still exist many problems related to Cultural properties. Such as Illegal outflow of the Cultural Properties, matter of restoration of national cultural assets which was taken for historic cause, Balancing the reserving the cultural assets and economic development or economic issues. We also need to set the policy and detailed action plans concerning such problems because those problems are not happening for the Chinese Government alone. Most of all, each countries must abandon their egotisms and work out the measures of collaboration on contributing to a human civilization advances with international organizations as the center.

本論文要序說地檢討對于中國法文化論. 文化是人間的內在本質和經驗的 因所的總合, 它又是蘊蓄精神和物質層面在人間的全體. 文化是相當穩定的, 幷因其主體的衆多而非常有力量. ‘文化硏究’旣探究人類生活和生産的經 驗、知識、行爲和精神、價値, 也要理解人類意識中深層次的模式、結構 等. 文化的有力量特徵使得其他一切方面的成功全都有系于這個內容. 法文 化槪念是在這樣的文化特徵上, 添加使法槪念倂合, 卽所謂法的强制力和法 的正義觀念的, 結果形成了法文化槪念. 法文化之所以重要是因爲它保有歷 史和多衆的力量, 因此這種法文化的力量非常强大. 法文化是銘刻在民族和 國民的心裏, 它可以保持一個民族的力量和創新精神, 而且可以以歷史文化 的力量和習慣的力量代替權威的力量. 本論文中對中國法文化的主要主題包括如下幾內容: 首先檢討了作爲中 國法思想的基礎在中國法文化史上的儒家思想和法家思想. 其次檢討了爲中 國法制近代化實行在淸朝末期的‘修律’過程, 尤其我檢討以沈家本爲代表實 行在‘修律’過程的禮敎民情和習慣法、中國傳統法文化整理事業. 最後探討 了關于中國調解制度在中國民事訴訟法上. 特別地我密集檢討爲理解調解制 度意義和固有性在中國法文化史的脈絡. 總之, 各民族和國家社會通過每一個社會所含有的法文化硏究必須得尊重 各國家的立法內容和司法秩序, 而且進一步得以基礎各社會所保持的固有法 文化爲維護國際秩序和國際平和.

The title of this thesis is "A Study on the Suggestions and Introduction Possibility of Housing and Land Lease Law in Japan". It would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since Housing Lease System is something that is being newly developed, a thorough examination of past problems can lead to a future Housing Lease System that is more rational and accords with substantial justice. I explained about the main contents of Housing and Land Lease System in Japan and dealt with the important contents of Housing Lease System and suggested especially the problems and improvements in connection with the opposition factor, Restriction on Assignment of Right of Lease and Right to Demand an Increase or Reduction of Rent in connection with Current Housing Lease System in Korea.

From the turning point of joining WTO, in 2001, China accelerated the development of market economic system, searched for the development of law system related to it, established PRC Antitrust Law (hereafter Chinese Antitrust Law) on August 30, 2007, and enforced the law on August 01, 2008. Economists in China analyze that the establishment of Antitrust Law in China leads to a historic development of economy-related laws in China, and that socialist market economy and law system are at the step of new development. In addition to establishment and enforcement of Antitrust Law, the detailed rules on enforcement related to Antitrust Law such as State Council regulations on the standard of business combination report and guidelines of Antitrust Committee of State Council's market confirmation are announced. The scope and detailed guidances on application of concrete Anti-monopoly Law are established one by one. The regulations related to antitrust before enforcement of Antitrust Law regulated trust ,basing on respective regulations. After enforcement of Antitrust Law, regulations, basing on Antitrust Law, make up for defects of the enforcement time of the law, and secures concrete standard of application and vindication on execution of the law. This thesis describes in summary regulations related to antitrust in China, before and after establishment of Antitrust Law establishment, and looks into enforcement organizations and enforcement systems, basing on the regulations related to antitrust.

North Korea has promoted an aggressive economy-opening policy with the start of designation of Naji-Seonbong Exclusive Industrial Zone after the collapse of socialist countries in Eastern Europe while South Korea is expanding its economic exchange with North Korea through Mt.Geumgang Tourist Development, and Gaesong Industrial Complex Construction Project . At present, considering the local & overseas environment with which North Korea is faced, North Korea's open-door policy is expected to be more spurred. Should national unification be achieved or their opening be expedited, it may be necessary for us to consider the reasonable price assessment method of the land in North Korea in advance in preparation for further great changes there. China, which is undergoing system transition, has become a model for North Korea's land law and tallage system though a little transformed ; in addition, China's experience in land assessment also had an influence on North Korea's reforming & opening policy. Accordingly, this research is aimed at drawing the implications on North Korea through the land price assessment system of China which is promoting economic reforms through partial open-door policies while maintaining their basic system. Especially, supposing North Korea' economy-opening policy should be more expanded, China's experience in land price assessment such as legislation of land usage rights, concept of the difference on transfer, and evaluation system of real estate price, etc have very big implications on the land price assessment of North Korea. As for the composition of this research, in Chapter II, this research took a survey of the formation process of the land market and land usage right system in China ; in Chapter IV, this research looked at official land price system, price formation of land, and sorts and methods of appraisal & assessment in China. In Chapter V, this research mentioned the implications on North Korea's land price assessment in the light of the cases of China- a nation of system transition.

In an effort to keep pace with the flow of international financial markets, China, under a strict division between financial sectors before, has shown a tendency to allow a sideline to the limited range in the financial sectors. In particular, China's financial holding company has expanded the scale in the absence of special regulatory legislation. And academia have argued endlessly needs certain regulations for the financial holding company. Also, Chinese financial regulators have an effort to enact regulations financial holding company and its subsidiaries. However, Chinese financial supervisory authorities have no integrated financial institutions. And, in addition to the specific supervisory authorities on the part including securities, banking and insurance supervisory authorities, there are additional regulatory agencies such as People's Bank, the Ministry of Finance the system, so each institution is complex in the scope and the functions are redundant. Therefore, it is required to install top agency of the financial supervisory which can decide to consolidate regulatory agencies. For this matter, the opinion of establishing a comprehensive regulatory referring to legislations in other countries agencies has been raised. In particular, voices have been raised on enacting independent Financial Holding Company Act. Currently, Chinese Act regarding a financial holding company has the form of rules and regulations of the Ordinance that regulated each sector of the Financial Supervisory Authority so, it has not taken a comprehensive and clear regulations in the form of law. Therefore it is considered to enact conflict prevention system (fire-wall), internal control systems, financial holding company Act based on corporate transparency. Chinese government's constant efforts for the development of a comprehensive banking are expected to continue and it will supplement financial holding company legislation to oversee financial holding company.

본 논문은 1991년 평화협정 체결 이래로 20여년 동안 진행되어 오고 있는 캄보디아의 사법개혁의 과정을 검토하고자 한다. 이에 본 논문은 먼저 캄보디아에 있어 법의 현대화와 외국법의 계수 의 역사에 관한 간략하게 검토한다. 그리고, 1991년 평화협정 이후 오늘날 캄보디아의 정치적 현실하에서 사법개혁의 방향을 설명하기 위한 다방면의 노력을 통해 법적으로 어떠한 발전이 이루어졌는가를 고찰하 여 본다. 마지막으로 현재의 사법개혁의 방향에서 보다 나은 방향으로의 입법 적 발전을 촉진하기 위한 캄보디아의 도전의 필요성을 결론적으로 논 의하고자 한다. 현재까지 캄보디아는 선진 외국의 법제도정비를 위한 지원을 통하여 오늘날까지의 발전을 이루었음을 부정할 수는 없다. 그러나 캄보디아 스스로의 입법, 사법의 역량을 강화하고자 하는 노력 또한 경주하고 있으며 이를 위한 정부차원의 기술적 지원을 위한 기관의 설립 등 다양 한 방향으로 이루어지고 있다.

Das (allgemeine) Persönlichkeitsrecht ist ein absolutes umfassendes Recht auf Achtung und Entfaltung der Persönlichkeit. Die freie Entfaltung der Persönlichkeit wird insbesondere in Art. 10 Koreanisches GG grundrechtlich geschützt. Also das Persönlichkeitsrecht gehört zum Schutzbereich des §750 Koreanisches BGB. Auch nach dem Tod eines Menschen bleiben Ehre und Würde des Menschen geschützt. Der Persönlichkeitsschutz endet nicht mit dem Tod einer Person, er wirkt bis zu einem bestimmten Zeitpunkt fort. Postmortal geschützt wird zum einen der allgemeine Achtungsanspruch, der dem Menschen kraft seines Personseins zusteht, zum anderen der sittliche, personale und soziale Geltungswert, den die Person durch ihre eigene Lebensleistung erworben hat. In Rechtsprechung und Lehre herrscht Einigkeit: Der allgemeine Wert- und Achtungsanspruch des Verstorbenen besteht fort. Umfang und Reichweite des Persönlichkeitsschutzes sind noch nicht abschließend geklärt. In dieser Arbeit verfolgt der Verfasser zunächst die Entwicklung der Rechtsprechung zur Anerkennung eines postmortalen Persönlichkeitsrechts. Danach setzt er sich ausführlich mit der dogmatischen Erfassung auseinander und behandelt den Umfang des postmortalen Persönlichkeitsschutzes, die Befugnis zur Wahrnehmung der ideellen Interessen des Verstorbenen, die Rechtsfolgen bei Verletzung und die Dauer des postmortalen Persönlichkeitsschutzes. Stets macht er auf die Bedeutung des dogmatischen Ansatzes aufmerksam, nach Möglichkeit versucht er die kritische Auseinandersetzung und die eigene Stellungnahme.

The indiscreet environmental pollution occurred in times of economic growth caused phenomenons which are threatening the natural right of the human, like global warming or natural disasters. The seriousness of environmental problems is now sympathized worldwide and for protection and preservation of the environment, green growth is arising for sustainable development. The meaning of green growth includes sustainable development and since this conception serves for the assurance of human dignity and the right to pursue one's happiness through harmonizing the constitutional environmental rights with property rights, proper legislation is needed to progress on it effectual. For such demands, the "Basic act for low carbon green growth" and "Act for sustainable development" are legislated and enforced. Moreover, to leave a whole and improved environment for the posterity, the communal cognition of human shall stand on the basis and for it, proper education for the importance and necessity of environmental protection and preservation is needed. The "Act for promoting the environmental education" has been legislated in year 2008 or that reason. However, despite the importance of environmental education for the expedition of green growth, in the "Act for promoting the environmental education" and particular education legislations, the educational connection from children to adult is missing and the regulations for the financial support to the related organizations are insufficient. Since the environmental education has to be lifelong, proper regulations have to be legislated and mandatory financial support for the organizations shall be considered. Besides these issues, the current act does not include any provisions related to the advertisement and information access which is needed to form a communal cognition. Therefore, systematic and precise improvement of the legislations related to the environmental education is connected to proper environmental education, which is needed to expect the green growth as a sustainable development.

It is twenty years since local government system has truly taken effect in Korea. Especially due to the enforcement of the Special Act on the Promotion of Decentralization, local governments are making an effort to reinforce and expand their administrative ability. Fundamentally reinforcement and expansion of local government's autonomy inevitably needs the audit system for its legitimate and appropriate exercise. With regard to the audit and inspection to local government, some critical issues related with the audit's independence and ineffectiveness as well as impediment to administrative efficiency have been questioned. However, the audit system to the local government came a new turning point through enactment of Act on Audit of Public Institutes in 2010. The audit system into local government basically relates with several problems such as a relationship between the central government and local government, establishment of efficiency and neutrality of the audit. The audit and inspection into local government from the central government starts with setting up the relationship between them, it results from understanding the nature of autonomy local government has under the Constitution. Therefore, this paper contemplates basic principle of the audit to local government from the constitutional nature of local autonomy, and then seeks to desirable ways of the audit system through overall examination about current audit system into local government.

The main objective of current research is to obtain logical investigating regulation method of identifying both anomalously derived pyramid selling and the original pyramid selling. In order to achieve this, a method to identify the two selling methods needs to be put into some form of system. The very definition or rather, method in how this pyramid selling takes place is different to that of norm consecutive order; manufacturer – wholesaler – retailer – consumer, it is where the product for sales are sold directly to the consumers and those consumers individually, by themselves rate the quality of the products and become a salesperson themselves. This system of continuous makeover of consumers becoming salesperson is indefinitely repeated. Generally, the ultimate goal of obtaining this profit via simple system of pyramid selling as mentioned above is for this profit to cycle back into the research, enhancing the quality of products to provide better service and manufactured goods and reduce the unnecessary cost consumption in the wholesale and retail stage for the customers benefit. For these maintaining secure market and various cost reduction reasons, pyramid selling is superior to that of other methods in targeting the market. A continuous growing or newly organized corporate with this unyielding goal of ‘Pyramid selling system, Goal achievement’ can expand their business in a much faster way by maximizing the efficiency of marketing their goods. If only this advantage of western win-win pyramid selling method and the traditional Korean paternalistic culture can be unified and mutually corporated together, the outcome of efficiency and maximized profit is expected. The system under how profit is made by pyramid selling, especially the way in how it has the retailing profit and incentive allowance makes t unique and different from many other forms of marketing. However in order to achieve this potential advantage, there needs to be an equal balance of capital and research cycling within the cycle of pyramid selling method. Many of marketing methods do not keep this balance and only focus on the cycling of capital in its profit that can be achieved by a similar way and that is what people call anomalously derived pyramid selling.

Professional workers(entertainers)' exclusive contracts may be defined as an atypical contract including and consolidating legislative characteristics such as employment, subcontract and delegation. In particular, this kind of contract strongly shows the nature of the exclusive engagement. Application of Labor law in exclusive contract totally depend on entertainers' restriction on status; in other words, the practical degree of employed subordinate relationship between the entertainers and the management agency is decided by specific contents of each entertainer's individual contract. National Labor Relations Act has to be applied due to the acceptance of employees of entertainers because most of the entertainers generally have employed subordinate relationship with the management agency. Therefore, entertainers' position as an employee should be accepted so that the protection under National Labor Relations Act could be applied. In the case of Korea and other countries, the standard of judgement about an employee has been developed by former cases according to the specific issues. Standard of judging and defining the employee is now necessary because of the appearance of the various occupational clusters in our traditional industrial society which will also lead to the flexible definition of the employee. Based on current trend, this study has looked after the ways of improving entertainers' protection under National labor Relations Act. Entertainers are definitely employees, but because of the unique characteristics of the show business, complete application of the provisions of National Labor Relations Act can be very difficult. Definition and standards of entertainers' unique subordinate relationship have to be clearly defined, and entertainers must secure their position through the legislation.