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If an Internet-user reproduces and distributes the author’s works by Webstorage service without his admission, he trespasses the author’s right. And the author can claim the injunction and the damages against the Internet-user. But It is impossible in reality. So it is not the Internet-user but the Webstorage service provider that the author claims against. The Webstorage service provider assumes an liability on the infringement on the author’s right. Because the Webstorage service provider does not reproduce and distribute the author’s works directly but help Internet-user’s infringement on the author’s right. If the Webstorage service provider assumes an liability, the author’s right can be protected, but Internet-users are difficult to use the digitl works on the Internet. So the range of the Webstorage service provider’s liability is very important. This article was focused on the problem.

A conscientious objector is an individual who has claimed the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service. Some conscientious objectors consider themselves pacifist, non-resistant, or antimilitarist. The reasons for refusing to perform military service are varied. Many conscientious objectors cite religious reasons. The records of conscientious objectors to military service are kept by a Korean investigative body as criminal files for five years. As a consequence, conscientious objectors are not allowed to enter a government office and apply for any type of national certification exam, it is also very unlikely that they will be employed by any company that inquires about criminal records. The Korean Military Service Act, therefore, clearly infringes on constitutional rights a direct violation of such international standards that honor the right of people to conscientiously object to mandatory military service. At these days the Supreme Court convicted the Conscientious Objector who has been be punished due to his refusal to serve in the army on the ground of the religious faith and The Constitution Court decided that the article of the military service law which punishes the Conscientious Objector is constitutional. So the problem of Conscientious Objector is still remained unsettled. Since the establishment of the Republic of Korea, thousands of conscientious objectors had no choice but to be imprisoned as criminals. Every year about 500-800 young men, are arrested for refusing the draft. In September 2007 the South Korea government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service. The program stipulates three years of civilian service that is not connected with the military in any way. Changes in legislation will first be needed to implement the program. As of May 2010, no such changes have been implemented. In 21 new century, in order to be a genuine just democratic human right developed country, we should begin to be concerned about advanced national practices and to be familar with international human rights law.

Chu-hsi(朱熹) expressed his general ideas on punishment issues on the Soonjeon(舜典 of his book Shu Ching(尙書) . He placed the punishment as a means of realizing the governance by a charity(仁政), which was an ideal politics in orient. The exploit characteristic of his ideas on the punishment is intending a strict punishment all the time. He argued a heavy punishment in favor of victims, and proposed to manage assailants in different grades by separating them from the society according to natures of crimes. Chu-hsi’s ideas of the strict punishment can be identified again with his claim that the range of penalty offering system must be limited to the officer and education punishment only. He stood against the interpretation that the 5 punishments (五刑, injecting ink into skin, cutting a nose, cutting a heel, castrating and sentence to death) could be included in objectives of penalty offering system. His ideas on punishment was associating with social conditions of that time under the South Song Kingdom(南宋).

The present research is aimed at exploring the variables that are related to perjury attitude and perjury intention among university student. The purpose of the present research are to investigate the demographic, attitude of law. Therefore the difference of group were conducted using 300 university students. Major finding from the present research can be summarized as followings; 1) attitude to law and religious faith were not significantly correlated with attitude to perjury in statistics 2) heavy punishment was to prevent perjury more effectively than light punishment. Based on research, suggestions for preventive measures of perjury are followed; 1) there is need for increasing steadied sentence, 2) Also there is need for publicizing evils of perjury.

As closely and friendly the world became, as severe and important became the Corruption Crimes. Also quickly spread the problems and became international problems. At first, the necessity of regulation on the Corruption was needed because of its negative effects to the order and balance in One Nation. Also that meant loss of the enforcement power of nation. Now, as we are living in the global world, that is, living in one nation, the importance of the restriction unveiled. Without efforts and controls, above problems is going to be naturalized systematically. On 31 October, UN Convention against Corruption had an international effects and contained overcomes of corruption and improved clearness of public services. One of the important meanings of UN Conventions, is Asset Recovery that enables the corruption asset to be confiscated and charged more quickly and cooperated. In Korea, important contexts which contained in UN Conventions were in regulation systems and policies too. But the confiscation and additional collection of corruption asset around the world were not in above Conventions. So it is needed that regulation which contains the convention should be made legislation of confiscation and recovery of Asset from corruption crime. And the problems and improvements of them should be combined with comparative studies.

National referendum is a system of direct democracy that modifies the principle of representative system. This essay is based on the Constitutional Court’s ruling of 2004hunma554ㆍ566 declared on Oct. 21, 2004 which manifestly explained held “Power of enacting Constitution participates in enacting all sort of legal source”. The writer does not deny the possibility of enacting of Constitution and law through national referendum and granting nation’s direct vote for important policies linked to patently or impliedly confidence vote. This essay also treats the following topics and the writer’s assertions are considerably different from that of other scholars on constitution law. Firstly, The writer does not agree with the scholars’ general assertion that ‘important policies’ are of the ‘whole’ national nature and it’s effects are ‘direct’ to the Korea’s destiny, especially with the latter part of assertion. The notion of Anㆍyui안위(安危) of §72 of Constitution should be understood as ‘safety and/or welfare’ instead of ‘destiny’ according to Korean lexical definition. Secondly, President’s power to submit to nation’s direct vote is not discretionary one. Under some circumstances, his omission of not submitting to nation’s direct vote the important policies may bring about the motion of Congress’ impeachment, and in this sense, President’s power can fall on obligatory one. Thirdly, the writer does not agree with several scholars assertion which requires one half of eligible to vote in elections for members of the National Assembly in order to make the policies take effect. As Constitution does not prescribed the minimal quorum to vote, such requirement only impede President’s submission. Fourthly, President loses his position as soon as the result of the nation’s direct vote lined patently or impliedly linked to confidence vote is negative instead of requiring further procedure of resigning. Fifthly, the time of entering into force of the nation’s direct vote is not that of President’s promulgation but that of publishing result by the National Election Management Commission.

This thesis is focused on cases in korea “trade by commitment” and “trade without permission”, presents controversial points, and make a counter proposals. This thesis cosists of ChapterⅠ. the introduction, Chapter Ⅱ. “trade by commitment”, Chapter Ⅲ., “trade without permission” and Chapter Ⅳ. the epilogue. ChapterⅠ. the introduction adduces the objective of this writings. Chapter Ⅱ. “trade by commitment” firstly compares the Securities and Exchange Act with the Capital market and Financial investment Act, secondly scans damages liability about the agreement of return and the excessiveness of trade concerning cases in korea. Chapter Ⅲ. “trade without permission” firstly comments about the validity of “trade without permission”, secondly goes over confirmation of it, thirdly makes mention of compensation for damages. Chapter Ⅳ. the epilogue, as conclusions or this thesis, refers that our existing laws need detailed securities regulations and our court must calculate compensation of damages adequately.

The Korean National Intelligence Service(below “NIS”) sued a lawyer for defamation in the name of the Republic of Korea. NIS claimed his saying concerning political surveillance by NIS in the interview with a magazine harmed NIS’s reputation. This essay addressed whether defamation actions by governmental entities affect the honor of the state. I assert only natural individual has personal right. The approval of the personality of state and the honor of state results in curtailing severely freedom of critical expression to government. And it reinforces the tendency of dual state, which means to be taken over the government actually by the state apparatus concerning military and intelligence. We can find its harmful effect in the Bismarck authoritarian regime in the late 19th century in Germany and in the Park’s dictatorial government in the 1970s in Korea. I expressed concern about the appearance of totalitarianism, that I call “militant capital-liberalism”.

Recently, the Corporate Social Responsibility(CSR) takes a growing interest in our society in consequence of opacity of corporation’s management and etc. Although important subjects of ISO 26000 are human rights, labour practices and the environment, researches from the viewpoint of the public law are no more than nothing. This study made a survey of problems on human rights, emphasized in the ISO 26000 and CSR. And this study analysed in detail the protection system of whistleblowers, presented as a solution to the problems on human rights in the U. S., the U. K. from comparative legal aspect. On the basis of these considerations, this study suggested some legislative directions in connection with protection of whistleblowers for the practice of CSR in Korea.

The Punishment of Tax Evaders Act was amended entirely and implemented on January 1, 2010. Before the overall amendment, the act had been amended twenty-two times. However, they were extremely partial. In other words, the reformed act in 2010 was the first overall amendment having sixty years history. The complete revision of the act in 2010 could be considered very positive change in that it realizes the ‘Schuld Prinzip’ by amending the established system having the fundamental framework since the enactment such as the types of crimes, legal punishment, the way of provision, etc. Also, the revision was aimed to make the operation of law effective. Nevertheless, the complete amendment still has problems which has to be examined. In this respect, this study reviewed the core contents and the reason for amendment, and the problems and limitation of such revision.

Industrial Accident Compensation Insurance Act’s Wage Replacement Benefits is paid to worker of occupational accidents or diseases for “Term which isn’t worked as Medical Care”. “Term which isn’t worked as medical care” is a term that worker, who is employed doesn’t earn wage income for Medical Care. But Industrial Accident Compensation Insurance benefit has a limit that it can’t fully exclude the characteristic of civil compensation for damages. Thus, it doesn’t actually have a loss of wages that employment contract of a short-term worker terminate in medical care, yet Wage Replacement Benefits should be paid to the worker as he or she is restricted to new opportunity of work or other social activities. Compensation for Suspension of Work of Labor Standards Act provides to be paid to “a worker in Medical Care” from Occupational accidents or diseases. According to that, the worker can misconceive Wage Replacement Benefits is paid to “a worker in Medical Care” regardless of work. To eliminate this confusion, it should be revised Compensation for Suspension of Work of Labor Standards Act’s payment reason is also ‘Term which isn’t worked as medical treatment’