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Comparative administrative law has not been a major subject in traditional comparative law. But now we can find the interests in comparative administrative law among administrative law scholars in United State. The book of Comparative Administrative Law edited by Susan Rose"]Ackerman and Peter L. Lindseth was published in 2010. Some scholars like Professor John Ohnesorge (Wisconsin University) and Professor Tom Ginsburg (Chicago University) are studying administrative law of Japan, Korea and China. USAID is giving legal assistance of administrative law to China. Among them, the approach by Tom Ginsburg is very interesting because his object is not to compare Asian administrative law with American and European administrative law, but one Asian administrative law with another Asian administrative law. He tried the comparison between Japanese administrative procedure law (enacted in 1993) and Korean one (in 1996). He concluded that Korean administrative procedure law brought about the reform because it provided for the mechanism where the court can discipline the bureaucracy. On the contrary, Japanese administrative law preserved status quo. So it did not change the Japanese administrative law and administrative system. He pointed out the party system and political situation as the cause of such divergence with reference to principal"]agent theory. As Professor Tom Ginsburg emphasized, Japanese administrative reform did not contribute to make stronger external control by the courts to the bureaucracy as Korean administrative law reform did. But we can call it another type of reform, not simple preservation of status quo. It aimed at a change of internal relation within the relationship of the politics . the bureaucracy and self"]control within the bureaucracy. Anyway we admitted the divergence between the almost same systems at starting points.

In Japan, during the latter half of the 1950s to the first half of the 1970s of the high"]growth era, the pollution problems which inflict extensive damage on many residents occurred. Especially, for the serious damage ,“Minamata disease” and “Minamata disease in Niigata”, “asthma in Yokkaiti”, “itai itai disease” is called “The four major pollution problems”. And it developed into the shared social problem of Japanese. Simultaneous with it, “The four major pollution problems” remarkable changed our measure for the pollution problems and the environmental issue. Such rising interest in these problems and the change accompanying it was seen also in the domain of law. First, many residents who suffered extensive damage filed much lawsuit against the corporation, country and prefecture. These lawsuits are called “The four major lawsuit of pollution problems”. And it had the feature different from the ordinary lawsuit for reparation (or tort liability) represented by the traffic accident in the structure of lawsuit, the purpose and the effect. As a result, also with a field of the civil law, the legal framework for changing an interpretation of traditional tort law and giving compensation was built to solve these pollution problems and environmental issues by keeping balance of the profit of the litigant. Furthermore, the influence having given the law and lawsuit and civil law as learning did not remain only in this. The arguments for “The four major lawsuit of pollution problems” pushed us to try a new approach to a environmental issues. Not only measures after the fact and compensation by money, but also a theory that takes into consideration of our environmental light and enjoyment of benefit from nature was build. Moreover, such view of the matter has influenced strongly on a basic principle and legal framework of tort law, and created the structure of the tort law on a basis of our lights.

In Japan, the problem of environmental pollution [public nuisance] actualized as the negative side in the process leading to high economic growth from postwar reconstruction. About the relief and prevention of pollution damage, the efforts by some local governments preceded first. On the other hand, the efforts by the national government, under the idea of trying to promote the industry as a national policy, were limited to emergency measures. Then, as a turning point that Four Major Pollution Related Diseases occurred, Basic Law for Environmental Pollution (1967) was enacted and the Environment Agency was established as competent authority of environmental policy. Thereby, the legal systems of the regulations for the sources of pollution based on environmental quality standards and effluent standards came to be established. However, in the 1980s, under the influence of the oil crisis, environmental policy stagnated and retreated. The essential factor was that “urban and lifestylerelated pollution” has expanded; it was caused by a significant shift in industrial structure. Nowadays, in addition to the measures on the industrial pollution issues, the measures on “urban and lifestyle"]related pollution” or global environmental issues are required. However, against those problems, the traditional regulation technique [command and control approach] does not fit easily and the comprehensive planning measures are needed. And those circumstances led to the enactment of the Basic Environment Law(1993).

장길도개발개방선도구는 중국정부가 2009년에 비준실시한 유일한 중국 변경개발개방구역이고 대두만강구역국재협력과 경제발전의 중요한 구성부분이며 러시아빈해변강지구, 조선 라선지구, 몽골동부변강성시, 한국 동부연해도시 및 일본 동부연해도시의 경제발전과 개방에 밀접한 관계가 있다, 그러나 근 2년간의 장길도개발개방선도구건설 실시과정에서 여러 국가들지간의 법률방면의 협력요소의 제약하에 장길도 개발개방선도구건설의 그 진척이 더디어지고 있다. 본고는 우선 장길도개발개방선도구건설의 내용과 의의를 소개하는 기초위에서 장길도개발개방건도구건설 중 상관나라지간의 협력을 제약하는 법률요소를 분석하고 그에 다응되는 합리적이고 구체적인 법률협력시스템을 구축하자는 데 그 취지를 두고 있다.

2009年中國國務院批准了《中國圖們江區域合作開發規划綱要‐‐‐以長吉圖爲開發開放先導區的請示》，這標志着長吉圖開發開放先導區建設已上升爲國家戰略。长吉图开发开放先导区建设是中国政府批准实施的唯一一个中国沿边开发开放区域建设, 是大图们江区域国际合作与经济发展的重要组成部分, 设计到朝鲜的罗先地区、蒙古国的东部省份、韩国的东部沿海城市以及日本东部沿海城市的经济合作和开放. 但在近两年的长吉图开发开放先导区建设过程中由于各国之间的法律方面的合作机制等因素,制约着长吉图开发开放先导区建设的进程. 因此, 本文先介绍长吉图开发开放先导区建设概况的基础上剖析制约长吉图开发开放先导区建设的进程中涉及到的相关国家合作的法律因素, 并提出合理的法律合作机制. 六國在跨國經濟合作區、自由貿易區、國際産業園區建設中相互尊重，加强信任，充分利用各國的优勢，設立高層次的，多功能的國際合作領導机构和体系，特別是要設立环境保護机构, 保障長吉圖開發開放先導區建設中相關國的合作及共同發展. 同时, 建立具有約束力的具体的國際合作法律机制，特別是要制定國際性的保護环境的法律法規, 使在長吉圖開發開放先導區建設中保護环境有法可依，對于相關國家在開發和利用資源方面具有絶對約束力。加强參与國之間的對外交流，保証法律信息的暢通, 聯手嚴厲打擊跨國犯罪, 打造長吉圖開發開放先導區建設的國際氛圍.

지난 30여년간 중국 경제는 고속성장을 거둔 동시에 불가피하게 생태환경에 대해서도 커다란 영향을 주었다. 즉 “선오염후정화(먩돇먺?렊-)”의 경제발전모델의 결과라 할 수 있을 것이다. 경제발전이 우선이고 지방의 이익우선 등 원인 때문에 중대한 환경오염 혹은 파괴사건이 종종 발생하고 있고 또 자원환경문제가 중국경제발전의 커다란 저애요소로 대두되고 있는 현 상황에서 환경법이 어떤 중요한 역할을 할 수 있는지를 연구해 보려 한다. 따라서 본문은 중국경제발전과정에서의 환경법의 역할을 논하려 한다. 중국의 환경법제건설에 존재하는 문제를 해결하기 위해 필자는 몇 가지 대책을 제출한다. 즉, 환경입법을 가속화하고 입법관념을 개변하여야 하고 환경공익소송제도를 도입하여야 한다. 또한 환경행정과 관련한 법집행 권력을 강화하여야 하고 공민의 환경보호의식과 준법의식을 제고하여야 한다. 이렇게 해야 중국의 환경법제건설에 존재하는 문제를 해결할 수 있다.

中國經濟在過去的三十多年實現了高速增長的同時，也給环境帶來了不可挽回的破坏, 也可以認爲是“先汚染后治理”經濟發展模式的必然結果。中國政府的环境保護意識也是隨着經濟發展逐步樹立起來的, 但是法律的生命在于實施，徒法不足以自行，在經濟發展第一和利益（如部門利益和地方利益等）高于一切的情况下，重大的环境汚染或破坏自然資源的事件時有發生，所付出的环境代价也是巨大的。本文就中國經濟發展過程中环境法制建設及存在的問題和對策進行論述, 讨论了在資源环境問題成爲中國國民經濟和社會進一步發展的一个不可忽視的甁頸和需要解決的問題時，环境法制建設在其中可以起到的作用或貢獻. 笔者认为經濟發展中涉及的环境法制建設和如何解決其中所存在的問題，將是中國政府必須要面對和解決的問題。只有加快环境立法和轉變立法觀念, 加快建立环境公益訴訟制度, 加强环境行政執法的權力, 积极提高公民的环境保護意識和守法觀念,才能从根本上解决环境法制建設中存在的问题.

Den Patienten trifft die Obliegenheit, an dem Heilungsbemuhen des Arztes mitzuwirken. Die Patienten hat also z.B. die Therapieanweisungen zu befolgen. Der durch einen Behandlungsfehler geschadigte Patient hat die Obliegenheit, den Schaden durch weitere medizinische Behandlungen gering zu halten. Daher gibt es die Frage, ob eine Minderung der Schadenspflicht des Arztes moglich ist, wenn bei der Entstehung des Schadens ein Verhalten des Patienten ursachlich (und verschuldet) mitgewirkt hat. Im Arzthaftungsrecht kann eine Minderung der arztlichen Schadenersatzpflicht eintreten, falls der Patient an der Entstehung des Schaden mitbeteiligt war. Nach § 396 Koreanischen BGB ist der Patient fur die Nichterfullung mitverantwortlich, so hat das Gericht bei der Entscheidung uber die Verantwortung fur die Nichterfullung sowie uber den Umfang des Schadenersatzes dem Verschulden des Patienten Rechnung zu tragen. Fur die Schadensminderung ist in einem ersten Schritten das Ausmaß der Mitverursachung des Patienten zu berucksichtigen. Auf einer zweiten Stufe kommt es auf den Grad seines Mitverschuldens an, wobei sich der Patient auch Verschulden des Drittens anrechnen lassen muß.

According to the amendment of the Korea Commercial Code submitted to the National Assembly by the Ministry of Justice on October 21. 2008, the surviving company at the time of merger may distribute cash or other property in lieu of its stock to shareholders of the merged company. Now, the squeeze-out system is introduced in Articles 24 of 360 - 26 of 360 under the amended Korean Commercial Code. According to new articles of amended law, controlling shareholders who own 95% of the stock issued by a company Compulsory purchase the stocks of minority shareholders who have under 5% of issued stocks of the company, so that controlling shareholders can squeeze out minority shareholders. The above amendment takes an somewhat liberal attitude towards the cash-out merger by newly inserting one provision that the written agreement of merger shall contain the matters concerning the particulars and allotment of merger to the shareholders of the merged company. Much of the concern that the minority shareholders will be unfairly treated in cash-out mergers stems from so called "self-dealing" feature of cash-out merger itself. In the United States, squeeze-outs had been recognised as breaches of shareholders' vested but are regarded as methods of management efficiency. Courts hold that a breach of fiduciary duty to deal fairy minority shareholders becomes fraud and that, in absence of fraudm the dispute is as to value of minority shares. Given that it took even the U.S. more than fifty years to settle down the rules governing the cash-out merger along with the continuation of the legislative and judical efforts to balance the flexibility of corporate management and governance with the protection of minority shareholder rights, a lot of time and work might also be needed to make and establish the law of cash-out merter in Korea. It is time when we should reconsider its legal system with great interest in order to harmonize with the protection of minority shareholders.

This paper treats a right to enjoy sunshine and short time extinctive prescription in relation to the South Korea's Supreme Court case 2006다35865 judgement. In case of a building keeps the sun off close neighborhood, the neighborhood is damaged of shade. In the case, a huge apartment building kept the sun off 49 peoples(owners or hireres). So, the damaged 49 people instituted a suit against the shading building's owner claiming for loss of property and solatium. But the suit, 3 years had passed since the building's construction finished. Points at issue were "Shading building construction is unlawful act? If unlawful act, continuous shading itself is continuously unlawful? The time when the building construction finished, the unlawful act is same finished, so the suit should be rejected because of 3 years short time extinctive prescription?". The Supreme Court's judgement concluded that "All loss of life and property, solatium related to the building's shade had passed 3 years short time extinctive prescription. So, the case should be reject". Generally, a right to enjoy the sunshine in South Korea and Japan is unique and stronger than that of U.S.A., British, Europe, Swiss, German, etc. But the judgement is exceptional. This paper criticizes the judgement's problems.

In this paper, the limit of foreign workers to change workplaces around the Constitution and the law review focused on the problem, and derive it based on the legal system and legal issues and to propose improvement. Employment policy and human rights protection should be determined in order to achieve a balance in terms of entry and exit freely admits to looking for work in Korea, without limitation, the Work Permit System will be easier to accept that it is hard. Changes related to business operations from the early entry into a country that guarantees freedom of change are hard to find. Just stay in Korea recognized the need for a prolonged period, so three years period of employment is extended for two years after the change of workplace tadanghae allow freedom of opinion seems to suggesting. “UN Convention on the Rights of migrant workers,” according to the Convention under paragraph 3 of Article 52, migrant workers arriving for a period of time after the conservative to restrict freedom of action, but there are limits on the period that follows the period not exceeding two years not have to. Our country has ratified this Convention is not yet legally binding and does not receive it. According to the Convention, but the current Act on employment of foreign workers in Korea to move from workplace to workplace restrictions (Article 25) and the Convention on the Rights of migrant workers can be placed. You look at the convention based on the “UN Convention on the Rights of migrant workers,” a period of time as a national movement to restrict the operations of foreign workers in Korea, but a prolonged period of stay for foreign workers to the workplace after a period of time, and that freedom of movement point of view even when the country a period of time (two years) after the business has the need to ensure freedom of movement.

Drunk driving is already one of the biggest social problems, which threatens other people’s lives. In addition, it is very dangerous for workers because it may lead themselves to be injured or killed. Related to this problem, industrial accident compensation insurance law is in favor of workers who are drunk and cause accidents in their work places when a minimal flaw is detected in the facilities. Therefore, there should be a measure to correct this situation. For the accidents caused by drunkenness it is suggested partially or entirely limit for the compensation for these workers in the institutional system, setting up the standard about these accidents. It is also suggested that the compensation for the workers who drink for the personal reason should be limited even if the accidents would be approved as job-related disasters when a flaw is found in the facilities where they work.

Director and outside director are to requirements of the times to discharge their duties. Obtain a seat on the board of directors have personality in circumspection. Director and outside director can take a different road if their disagree, but They should be careful when calling it into question and put up with any burden that may be caused by their decision. Director and outside director are to fulfillment with faithfully kept. Outside directors in the duty, cutoff the company resulted t bankrupt. Director and outside director are corruptible position. Director and outside director are apt to abuse their position. Therefore it require to restrain criminal law. But there are many problem. The first, civil affairs and criminal affairs is not distinguish clearly. The second, negligence of their duties link directly with commit a copycat crime. The third, copycat crime of director and outside director leave room for questions to relate breach of trust. This is relation to the sphere of activity. Sphere of activity in director must interpret a matter in a broad sense. Because it is a shortcut to lead the protection of property. The inflict severe punishment for breach of trust take a thing as security. This security will contribute greatly to the economic development and financial health of the management.