Earticle

Adult Guardianship reform, like most law, is evolving. Although Revised Civil Law certainly does not resolve all remaining concerns for incapacitated people in Korea, it is clearly a significant step forward from its predecessor system. Anticipating future developments, the new statute requires the Law Revision Commission to undertake an evaluation and report concerning the effectiveness of Adult Guardianship System, together with recommendations regarding its modification, to be asserted to the Commission and the Ministry of Justice till now. It is anticipated that the Law Revision Commission's forthcoming recommendations will continue the ambitious goals thus far recognized by Adult Guardianship System. And the article suggests several key points that will play an important role in the enforcement of Adult Guardianship System. The new system of Revised Civil Law maybe lower the cost of using the system, and get rid of stigmas which the incompetence system had. Furthermore, the Adult Guardianship System enable people to use itself more conveniently.

Currently, the modern law established in the 19th century has reached its limits and the world is seeking for new legal system because of the global conclusion of FTA. However, the mainstream of our precedents take a position, sacrificing the person with land use rights based on the premise guaranteeing the superior status of the person with land use rights, the thought of the modern civil law. In the economic system of capitalism, capital is invested in the relation of production, and the surplus of production leads to re-investment. So it is important to contribute to producing more. If so, we must think of the nature of land in the capitalistic economic system, as "its use“. Thus, in this paper, the tenant's rights to demand for the ground facilities purchase, as land use rights, was investigated through law-and-economics analysis. It is demonstrated that economic efficiency is realized when the tenant's rights to demand for the ground facilities purchase is acknowledged. Thus, its seems necessary for the Supreme Court, along with the revision of the applicable regulations, to establish the principles for protecting the person with land use rights, in other words, for the interpretation of strengthening of the status of the person with land use rights contributing to the relation of production in capitalism and having higher loyalty

In order to get out at excessive dependence regarding real security, we have to utilize positively movables security. Specially, small and medium-sized businesses have trouble in financing with shortages of collaterals such as real estate, even if they are maintaining generally a technology with considerable levels. So they must be able to raise funds through movables like machine and facilities. Therefore, in order to activate a movables security system, the act on movables security system which is called 『Act on Security of movables and claim etc.』 was established recently. 『the Act on Security over Movable Property, Receivables, etc.』 is established on June 10 in 2010 in other to activate a movables security system. And this law is enforced on June 11 in 2012. There can be various issues and problems in 『the Act on Security over Movable Property, Receivables, etc.』 because registration of movables security and receivables, etc. is enforced for the first time. Among them, I study manner, effectiveness, etc. with respect to the registration of movables security on 『the Act on Security over Movable Property, Receivables, etc.』 at this paper. Through this paper, I suggest various interpretive method and my point of view of the registration of movables security on 『the Act on Security over Movable Property, Receivables, etc.』.

The professional baseball is the most popular sports and business in our country. For the KBO Rules, the player who is the most important member of the business of professional baseball is not independent. The Player Contract has a binding power through the KBO Rules. People said that legal character of Player Contract is employment contract or combination contract or anonymous contract that is the new vision type of contract. Principal systems of the Player Contract is composed of reserve system and free agent system and trade system. In these system, player has no choice in the renewal of the Player Contract, because if the club wants to renew the contract, he only has the alternative to take contract with his former club or not to play baseball at all. In trade system, the contract can be transferred by Club to any other Club in the league, regardless of the players' will. These system has many legal problems to restrict fundamental rights of national. So the KBO Rules that has a possibility to infringement on fundamental rights of player may be invalidated for violation of Civil Act Article 103.

Children have not been matured yet physically and mentally, thus more positive supports are required than any other dependents so as to guarantee their rights to live and make them lead human life. Nonetheless, the issue on the child support has been distorted such like having to be done by parents wholly because it is a part of being solved between parents and children essentially. This attitude is causing results called ‘noninterference’ only rather than becoming solutions on the issue of the child support by being unable to be coincided with fast social developments. According to this, neglected children became to be grown up as members of the society who could not adapt themselves, and thus are becoming the core of social problems such as all kinds of crimes. As the child support is to bring up members of the society and is a very important thing for cultivating the future of a certain society, aggressive measures are required accordingly. Though our country has been endeavoring to elevate child’s rights by participating in UN Convention on the Rights of Child, children in Korea have not been recognized as the subject of rights yet, and also recognitions such like the nation and society have to positively protect and culture all children are very insufficient in addition to parents. Therefore, in order to make children become the subject of rights, and to practice aggressive supports on children after aiming it, researches of making standards on support’s degrees and methods suggested through juridical arrangements have to be made first, and then methods of ensuring implementations of child-support burdens shall be studied connectedly. In accordance with it, this study established the definition on the child support, and also proposed standards on support degrees and methods by considering children’s characteristics as dependents together with social requirements.

Under the premise that an automobile can be included in the concept of operating that the automobile is understood as the means of tool of transportation under the circumstance of the use or management, the automobile is responsible for taking out a liability insurance policy of the Act on Guarantee of Compensation for Loss Caused by Automobile. If such automobile is used by the stated circumstance, any accidents during the use or management of the automobile can be considered accidents by operation. This way of defining a concept of operation is more helpful to protect victims by the automobile as a means of transportation. In addition, the meaning of operation becomes clear and the predictability of operation can be given, therefore debates about the concept of operation will surely decrease. According to the article 726-2 of Commercial Act, the insurer of the automobile insurance contract shall be bound to indemnify for any loss by accidents which have occurred while the insured owns, uses and manages automobile. The Standardized Contract of Comprehensive Automobile Accident Insurance implies that the article 726-2 regarding Personal Indemnification I, Personal Indemnification II, and Substitute Indemnification. These grounds considered, the 'ownership' provided in the article 726-2 is understood as one who is responsible for loss while the insured has the control of operation over the insured automobile with the interest of operation. Then the meaning of the ownership should be understood that it is identical to the driver of the Act on Guarantee of Compensation for Loss Caused by Automobile, and the 'use or management' of the article 726-2 should be thought that it is restrained by the automobile usage same as it is restricted by the Act. Therefore it should be considered that the article 726-2 of Commercial Act is a provision that the insurer has a responsibility to indemnify for any loss by accidents which have occurred while operated by the driver of the Act on Guarantee of Compensation for Loss Caused by Automobile.

When liabilities of a debtor exceed a liability property, a debtor falls into insolvency. There are many ways that a debtor can take, but there is a method of realizing and allocating the property of a debtor by adjusting legal relation of the stakeholder such as a creditor through bankruptcy or rehabilitation. A law about debtor rehabilitation and bankruptcy regulates this procedure, and it is commonly called the Consolidated Insolvency Act. Consolidated insolvency procedure can be divided into rehabilitation, individual rehabilitation, and individual bankruptcy. Individual rehabilitation applies regulations of individual bankruptcy unless it does not violates the purpose. Individual rehabilitation procedure realizes positive property that a debtor has and distributes it to creditors, and the rest liabilities are exempted. However, there is a case that debtors have priority and it is a bond with a security right. Secured mortgage is divided into consensual liens and statutory liens under a civil law; consensual liens include leasehold right, pledge, (flexible)mortgage, provisional registration security, mortgage of transfer, and mortgage of sale and statutory liens include lien, legal mortgage, tax liability, wage privilege bond, and deposit under house (commercial building) lease protection act. In the Consolidated Insolvency Act. only leasehold right, lien, pledge, (flexible)mortgage, and movables and movables·security right for an obligation under the law about security for an obligation among contract security real rights are recognized as right of separation. Other rights are classified into individual rehabilitation superior obligation or normal bond without a security right. A creditor that has secured mortgage right under the Consolidated Insolvency Act and a general creditor without mortgage show clear difference in its status according to the existence of right of separation. The problem that this study will review in priority is about deposit of a house (commercial building) lessee. In other words, lease deposit return liability that a lessee of house and commercial building has is treated similar as mortgage, lien, the right of pledge, and leasehold rights and classified as a bond conforming to right of separation. Therefore, there is a problem that a lessee can’t be protected properly in individual rehabilitation procedure as lease deposit return liability is treated under right of separation even though it is not intrinsic right of separation but does not have right of bidding request. There are few opinions to solve these irrationalities. However, discussion on the status of a lessee on individual rehabilitation procedure is laid aside in Consolidated Insolvency Act revision. Therefore, this study is to look into problems of Consolidated Insolvency Act revision that is legislated and announced on the date of July 15, 2009 along with questions about the status of a lessee on individual rehabilitation procedure.