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Human rights of the students shall be protected in school as a matter of course. Recently the ordinances on the protection of human rights for students has been legislated and enacted in Seoul, Kyunggi-do and Gwangju-city to protect the human rights of the students. It has been shaped up on the fundamental belief that human rights enjoyed by the citizens should also be applied for the students in elementary to high school. Because of the resistance of some school teachers and the officers of the Ministry of Education, Science and Techonology, the Ministry promulgated and enacted the Enactment Decree of the Elementary and Secondary Education Act to invalidate the ordinance. Though the intent of the Ministry is to invalidate the ordinances of the local governments, the ordinances may not be annuled, rather co-exist with the Enforcement Decree.

The 2010 local elections brought progressive superintendents to six major education offices in Korea. In the rest of Korea, particularly in South Gyeongsang Province, it causes us deep political anguish about the strategy and tactics on the movement for the human rights of students. For my research, I would try to find the point of intersection between the students’ human rights and the local education movement in the mutual power relations of the political education authority, teachers and students. And I to watch the potentialities of establishment of the new provincial act for the students’ human rights. And I was heavily dependent on the local education movement by the political recognitions and practices. The movement for the students’ human rights have the justification not because of the necessity of the students’ human rights, but the being of the value in the human rights. Of course, I must strive to overcome disputes over a point of law and over educational philosophy.

Every country has a legislation prohibiting discrimination against casual workers to cope with widening disparity between casual workers and permanent workers. The way that legislation regulating discrimination is different in Korea and Japan, even though their wage system and personnel management is very similar. In this regard this paper aims to review how the Japanese legislation prohibiting discrimination against casual workers developed, and what is the standard for resonable cause of unequal treatment. The Japanese legislation prohibiting discrimination against casual workers had been made gradually through discussion among labour law professors. The debate originated from the issue on whether casual workers were able to be regarded as the social status mentioned in the article 3 of Labour Standards Law. It moved to the issue that the principal of equal pay for equal work could be regarded as public order and standards of decency. Through dialectical process among theories, balanced treatment principal was settled down as a principal of law to deal with equity between casual workers and permanent workers in Japan. The concept of balanced treatment principal is considering significantly Japanese labour practice, and it can be said to be superordinate concept that includes parity of treatment. This paper makes proposals based on the Japanese Legal System prohibiting discrimination against casual workers. For example, it is necessary to establish rules enhancing casual workers’ comprehension about labor condition to prevent conflict. Also a committee composed of both employer and casual workers is needed to introduce to help them resolve conflict by themselves. In terms of what is the standard for resonable cause of unequal treatment, representing it by types according to purpose and nature of labour is helpful to lessen abstractness.

Discriminating against foreigners in lawsuits is not permitted (under the second clause, Article 6 of the Constitution). However, this does not mean that a foreigner’s position in a lawsuit must always follow the same regulations as the position of a local citizen. In fact, it is thought that referring to or applying foreign law is necessary considering the liaison with this incident. The capacity of enjoyment of rights for legal procedure laws which generally becomes the Prozessparteienin in a civil suit; in other words, the right of access to courts is called the admissibility of a party. Furthermore, the ability to proceed a civil lawsuit as a Prozessparteienin (or intervention for assistance); i.e., being able to file an effective lawsuit and receive acts of procedures by one’s own efforts is called the litigation capacity. If the subject parties of the lawsuit cannot be a party to the suit then the parties must carry out the lawsuit, and in order to do so, litigation capacity is needed. This is because litigation is more complicated than a judicially trading capacity and thus with a simple mistake one may lose an easy suit. Therefore, to protect subject parties that cannot argue their gains and defend against their opponents, it is important that a certain standard is set so that one who lacks in litigation capacity should be unable to carry out a lawsuit by their own. The admissibility of a party to legal proceedings and litigation capacity each corresponds to capacity of enjoyment of rights and capacity for action respectively. Article 51 of the Civil Procedure Code states that “Bestowment of rights needed for legal representation of a defendant follows the civil law or other legislations if there are no specific regulations regarding the case,”and relates it to the presence of the capacity of enjoyment of rights and capacity for action under the substantive law. Furthermore, Article 57 of the Civil Procedure Code states “If a foreginer does not have litigation capacity according to the law of the domicile, he or she is considered to have litigation capacity if it is acceptable under the legislation of the Republic of Korea.” While article 11 and 13 of the private international law prescribes that a person’s ability and capacity follows the law of the domicile, clause 1 of article 15 stipulates that If the inflictor and his opponent were in the same country at the time of the juristic act, the inflictor cannot be seen innocent if he is guilty according to the law of the country and is proved innocent by the law of the domicile. However, if the opponent knew that the inflictor was innocent or could have known so, this does not apply. There are differences between the Civil Procedure Code and the private international law, and it is important how we understand the relationship between the two. Fundamentally, there are two opposing positions in deciding a foreigner’s position in lawsuits. First is the lex fori theory, which is the position that the foreigner’s litigation capacity and admissibility must be based on the law of the forum since bot capacity relates to the parties’ qualifications to the mind and body. The second position is personal law theory, which argues that the foreigner’s litigation capacity and admissibility must be based on the law of the foreigner’s hometown since a person’s mind and body is developed based on the area where the person grew up. This manuscript examines centrally on the theories of a foreginer’s position in lawsuits based on the two positions stated above.

한국에서는 일제강점기 동안 일본의 법률이 강제적으로 적용되었고, 특히 일본 민법은 일반 국민들의 재산관계, 거래관계, 가족관계 및 법정서와 법문화에 대해서 많은 영향을 미쳤다. 한국에서의 일본법의 적용은 결과적으로 근대 서구의 법체계를 최초로 도입하게 된 계기가 되었으나, 한국민의 정서와 전통을 고려한 자발적 계수가 아니라 강제적 이식이라는 점에서 여러 가지 부작용도 부정할 수 없었다. 한국은 1960년 새로운 민법을 제정한 후, 현재까지 한국의 실정에 맞는 해석과 개정을 통하여 일본 민법과 차별적인 민법을 형성하여 왔다. 한편 근래에는 세계적으로 거래법의 분야에서 법통일화를 위한 시도들이 지속적으로 이루어지고 있다. 특히 한국과 일본은 같은 민법전을 적용하면서 발견하였던 동질성과 이질성을 역사적으로 공유하였던 경험이 있다는 점에서 법통일화 추세에 대한 한일 양국의 긴밀한 대응과 협력이 요구된다. 유럽은 계약법 통일화 작업이 상당한 단계에 이르고 있고, 영미법계 국가들은 본질적으로 유사한 法體系를 가지고 있다는 점에서 경제권역별로 거래법의 통일화 추세는 가속화될 것으로 보인다. 이러한 점에서 동아시아의 주요 국가인 한․중․일을 주축으로 하는 거래법 통일화 시도는 거래법의 통일화라는 세계적인 동향에 대응할 수 있는 대안으로 부각될 수 있을 것으로 생각된다. 대부분의 국제규범들은 타협의 산물이라고 할 수 있다. 즉 대륙법계와 영미법계 사이의 타협 뿐 아니라 경제발전속도의 차이에 따른 선진국과 개발도상국 사이의 타협도 고려되어야 할 것이다. 타협은 서로 다름을 인정하는 것과 다름에 대한 배려를 전제로 하여야 한다는 점에서 PACL(Principles of Asian Contract Law, 아시아계약법원칙) 등의 작업에서도 각국간의 다름에 대한 배려를 전제로 한다. 또한 각국의 현행법을 비교함에 있어서 선입견을 배제하고, 자국이기주의 또는 자국우월주의를 극복하는 것이 성공적인 법통일화 작업의 요건이라고 할 것이다.

As various means of communication, Such as the Internet and smart phones develop, Social structure is changing rapidly. In addition, these life style has transformed marketing. In the past, consumers purchase goods from the seller’s shop. But now the way that a sales person visit the consumer’s home or office is widely being taken. These special Marketing(MLM) has many advantages. The consumer’s purchase goods in convenient way. But MLM has many problems. it comes from its unique marketing way. The damage MLM is wide range unlike other case. Recently New Type MLM, For example, SNS(Facebook, kakaotok), job site, job seekers, appears. Finally, remedies system consumer damage by MLM of in the current legal system and then in order to reduce damage to the consumer about it the legal and institutional safeguards designed to reduce the damage as a source of preventative remedies in the way de lege ferenda to review. In addition, for the continuous development multi-level marketing and to establish a system of consumer protection institution, the various consumer protection laws and actual conditon of the system is surveyed. In order to improve the system for enhancing the effectiveness of the method. In particular, to improve safety and reliability of consumer trading, consumer damage compensation, prevention of consumer damage, relief for the system will be discussed.

Corporate executive officer of the duty of care and loyalty of a good manager with all companies operating in duty is discovered, unlike the results expected to cause damage to companies and shareholders are often cases. As such executive officer liable for damages to the area under the so-called business judgment rule to the head of this business allows companies to operate the driving force that provides an opportunity that is true. However, despite these advantages in the field of criminal law principles, if you want to introduce will have to be cautious. Especially with regard to breach of trust business, the actor’s subjective business judgment rule and the relevant portions of which corresponds to the configuration requirements. And the business judgment rule and the duty of care consists of faithful duty, the breach of it, which is essentially an act of treason that the principle of good faith can be considered as included in the concept. Therefore, to examine the breach of trust business, the business judgment rule by the Supreme Court, even if you do not use the concept of breach of trust that corresponds to the important concept of the principle of good faith can play through the full judgment. Therefore, the concept of management decisions in business, citing breach think it makes unnecessary the introduction of the concept. Rather, breach of trust, which is essentially a principle of good faith and that baesinseong duplication and confusion concept is to bring concerns. Thus, the concept of other criminal laws and to recognize it if you want to introduce the concept and justification for the need for care should be to examine.

In recently, not only Industrial Technology but also Core Technologies with high value added have been consistently leaked on abroad company. Its loss and damage has effected on a nation’s Stability and Security and Economic Problems immeasurably. With these reasons, advanced countries like US and so on, Korea have been administrating constantly the security of Industrial Technology for National Competitiveness and have been taking a responsible actions about Industrial Espionage(Economic Espionage) aggressively. In Korea, to prevent Industrial Technology from leaking from the companies, to protect the stabilities of Industrial Technology, the “Unfair Competition Prevention and Trade Secret Protection Act”(hereinafter UCPTSPA), “Industrial Technology Drain Prevention Act”(hereinafter ITDPA) have been enacted. All kinds of economic espionage could be controlled under the Former and the Latter. The UCPTSPA defines the leakage of trade secret as unfair competition and regulate the industrial espionage, protect the trade secret and legal compensation, keep the fair trade competition finally. On the other hand, the ITDPA widen, Industrial Technology, the object of protection, from Trade Secret, which is intensified only in the UCPTSPA and the range of the protection of * Department of Law, Chungnam National University civil’s Technology, Information, to industrial technology, national industrial secret. With understanding the above problems seriously, in which there are a lot of loss, this Study is supposed to define the diverse types of Industrial Espionage and to analyse the reasonable Assessment and to suggest the effective improvement of Assessment. This Study is to consider an effective improvement of assessment to do justice the Industrial Technology Leakage in industries and to protect the Industrial Technology. First, as an Effective Improvement of Assessment on the Industrial Espionage, the judgement standard of properties values need to be relieved. In criminal justice systems, the value of loss and the amount of loss is hardly to be concrete and clear. The Court would not accept or acknowledge the proof, testimony of Prosecutor’s Office. Neither would accept or acknowledge the Victim’s. In these reasons, it is not possible to fine. If it is possible to sentence the prison, it seems to sentence light penalty. Also, the Supreme Court tends to reach a verdict that how to prove the amount and value of loss and how to prove the profits is completely severe. In cases, Supreme Court sentences (Occupational) Breach of Trust(§355, §356) mostly. But if the loss by leakage of Industrial Technology is growing and making the economic society in confusion, if the Court sentences (Occupational) Breach of Trust(§355, §356), the economic loss is huge and specific Act related in Industrial Espionage is meaningless. Second, it is needed to apply severely the stay of execution on the Industrial Espionage. In mostly, because of the difficulty of amount and value of loss, Court has a tendency to sentence a stay of execution as a paternalistic Assessment. The major role of Assessment in criminal justice is to consider the responsibility and prevention of crimes. In particularly, Assessment has an important role on a second conviction. If these conditions of paternalistic Assessment go on, any sentence by Court cannot prevent the loss of Industrial Espionage either. Third, Introduction of universal and standard Assessment on Industrial Espionage should be needed. The Assessment by Court should be strengthen to the level of advanced countries, in considering the impact of enterprise and society, in considering the prevention of crimes, fairness of administration. With an adoption of assessment of Industrial Espionage in Korea, it is expected to adopt an effective assessment.

제17차 개정 형사소송법이 입법에 의한 실무의 변화를 가대하는 취지로 위법수집증거배제법칙을 명문화한 제308조의2를 신설하였으나 진술 증거에 대한 위법수집증거배제법칙의 예외 없는 적용에 대해서는 견해가 일치함에도 불구하고, ‘비진술증거에 대해서는 적법절차의 보장과 대립되는 실체적 진실발견이라는 소송이념의 조화라는 점에서 어떠한 기준에 의해 어디까지 위법수집증거배제법칙을 적용할 것인’라는 그 적용범위와 판단기준에 대해서는 견해가 대립되고 있다. 본 연구는 진술증거에 대해서는 예외 없이 위법수집증거배제법칙을 적용하면서 비진술증거에 대해서는 왜 위법수집증거배제법칙의 적용을 제한하려고 하는가라는 의문에서 출발하여, 비진술증거의 위법수집증거배제법칙의 적용과 관련하여 이론과 판례가 제시하고 있는 법영역이론이나 비교형량이론, 그리고 전체적ㆍ종합적 판단설은 실제 사안에서는 구체화될 수 없는 허구이며, 헌법상의 적법절차의 원리에 충실하게 위법수집증거배제법칙의 적용범위와 판단기준을 해석해야 한다는 입장이다. 즉 위법수집증거배제법칙의 적용을 통해 사법이 수사기관의 활동을 통제하고 방향성을 제시함으로써 우리에게 보장된 권리가 무엇인지, 지켜야 될 헌법적 가치가 무엇인지를 확인한다는 점에서 이를 위법수집증거배제법칙의 적용범위와 판단기준으로 삼아야 할 것이다. 이러한 논거에서 증거를 수집하는 과정에서의 절차 위반이 헌법상의 기본권으로 보장되고 있는 형사피의자ㆍ피고인의 방어권을 침해함으로써 실체 판단에 영향을 주는 경우에는 진술증거이건 비진술증거이건 예외없이 위법수집증거배제법칙을 적용하는 것이 헌법상의 적법절차 원리와 형사피의자ㆍ피고인의 방어권 보장이라는 소송이념에 충실한 해석이라 할 것이다. 이를 위해서는 위법수집증거배제법칙의 적용 여부가 문제되는 판례들이 어느 정도 축적되어가는 만큼 이를 유형화하여 각 유형에 따른 구체적 판단기준을 도출하는 작업도 필요하다고 본다. 다만 실체의 입증과 무관한 순수한 절차적 소송행위가 적법절차규정에 위배되더라도 이와 무관하게 수집된 증거에 대해서는 위법수집증거배제법칙이 적용되지 않음을 주의할 필요가 있다. 그리고 수사기관이 수집한 1차적 증거인 진술은 위법수집증거이지만 1차적 증거가 공소사실의 유일한 증거가 아닐 뿐만 아니라 이에 기초하거나 관련성을 가지지 아니하는, 별개의 소송절차에서 1차적 증거의 내용과는 무관하게 이루어진 피고인의 진술을 2차적 증거로 보기는 어렵다.

Article 17 amended the Criminal Procedure Code Amendment exclusion of evidence collected by law you have the prestigious Law Article 2, Section 308 was established. Statements for evidence of illegal gathering evidence about the Exclusionary Rule applies without exception, the opinion of the match, despite the evidence, not statements about the guarantees of due process and substantive truth is found in that case that the combination of ideas based on the coverage and determine there are also differences of opinion. From this study are as follows: ‘What statement-evidence, but this principle is fully applied, non statement-evidence for the application of this principle is limited?’ Statement in evidence, illegal gathering of evidence concerning the application of the Exclusionary Rule Cases theory can not be materialized in the actual case is fictional. Thus, the constitutional principles of due process of law faithfully Illegally Collected Evidence coverage and exclusion criteria should be interpreted. In the trial that evidence gathered illegally by prohibiting the use of crime control and investigation activities may be presented in the correct direction of the investigation. This people’s freedom and rights are guaranteed. Illegal in the process of collecting evidence, if any, constitutionally guaranteed rights of criminals are to be violated. Thus, in the process of collection of evidence or any evidence, if any, illegal to prohibit the use interpretation is faithful to the spirit of the Criminal Procedure Code. Therefore, the principles and practices that are related to research in depth should be about. However, proof of a crime, if that is not related to the application of these principles shall be excluded. The primary evidence collected by law enforcement agencies and the states collect evidence against the law, but the primary evidence is not the only evidence of the fact that appeals, as well as the relevance Based on this, or does not have a separate primary evidence in the proceedings regardless of the content secondary evidence of the defendant made a statement is difficult to acknowledge.

In this article, I did a research on the ‘Illicit Goods(贓)’ of Joseon Dynasty that has both concepts of Illicit goods and bribes in modern criminal justice system. The Illicit Goods of Joseon Dynasty meant all property related to all types of illegal conduct, such as the property acquired through theft, the property used in criminal transactions, and the prohibited property. But the property acquired through theft in the Art. 287 ‘Supervisors or Custodians Themselves Stealing Money or Grain from Granaries or Treasuries’ of the Great Ming Code was categorized as bribes taken by officers in Joseon Dynasty. So a bribery case was called as Jang-o(贓汚) and a theft case was called as Jang-do(贓盜) in Joseon Dynasty. I looked into substantial provisions on the Six Illicit Goods to illuminate the concept of them. I found out that the concept of Six Illicit Goods focuses on punishment proportionate to the quantity of the Illicit Goods. Thus calculation of the Illicit Goods was so important since punishment was determined by the amount of the Illicit Goods. The calculation method of the Illicit Goods was based upon the principle of the Most Serious Crime that was stipulated in Art. 25. ‘Sentencing on the Basis of the Punishment for the More Serious Crime When Two Crimes Are Discovered Together’ of the Great Ming Code. The calculation method of the Great Ming Code was clearer and simpler than that of the Tang Code.

This paper studies the directions and contents of legislation of consumer goods warranty law. In consumer goods sales, a warranty is a collateral assurance or guarantee that certain facets of an article or service sold is as factually stated or legally implied by the seller, and that often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty. Governments should promote warranty through laws. The typical laws on warranty are Framework act on consumers, Civil Act, Regulation of standardized contract act, Automobile management act, Seed industry act, and so on. This paper intended to present a suitable alternative for the present with the normative analysis, the legislative analysis on the warranty laws. The object of this paper proposes alternatives about the improvement legislation of warranty laws with performing the retrospective evaluation in warranty laws. I hope that these alternatives will be utilized as the useful legislative materials to enacting consumer goods warranty laws in the future. Finally, Consumer Goods Warranty Law aims to harmonize those parts of consumer sale contract law that concern legal guarantees (warranties) and, to a lesser extent, commercial guarantees. Its main element is that the seller has to guarantee the conformity of the goods with the contract for a period of two years after the delivery of the goods. If the goods are not delivered in conformity with the sales contract, consumers can ask for the goods to be repaired, replaced, reduced in price or for the contract to be rescinded. The final seller, who is responsible to the consumer, can also hold the producer liable in their business relationship.

The contributed acceptance is usually added to a beneficial administrative act as the form of “Nebenbestimmung”. But it has increased to add it as the form of agreement or contract these days. The burden contract of contributed acceptance has a characteristic of substitute for the burden as administrative act. The main administrative act relating to the burden contract is based on public law. Therefore, it should be evaluated as a public contract and dealt accordingly. In the same line, a complainant should be conducted through “allgemeine Leistungsklage” or “Feststellungsklage” as party suit. If the party defaults on the burden contract, the adminstrative agency is able to file “allgemeine Leistungsklage”. If it is defective on the burden contract, either party is able to nullify the contract through “Feststellungsklage”. Even if the main administrative act is valid, the burden contact can be partially invalidated or terminated. At this point, the theory of “partial revocation of administrative act” can be analogically applied.

Personal information is protected by Personal Information Protecting Act. But personal behavioral information is not protected yet, because the meaning of personal information does not include personal behavioral information. Personal behavioral information is the information that consumers buy something from internet shopping mall. Companies often collect personal behavioral information without consumer’s consent and use them for advertising products to consumers. The proper advertisement is good for consumers. But infringement of privacy is not permitted in any case. In USA, FTC (Federal Trade Commission) issued a report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers” for protecting personal behavioral information. In this report companies do not track personal behavioral information when consumers complete transactions. We also provide law system for protecting personal privacy. Recently Korea Communications Commission announces the results of research for protection of personal behavioral information. I hope that personal behavioral information is properly used for benefit of consumers and companies.

This paper is a legal policy and comparative study regarding Korean Meteorology Act and the relationship between the private weather industry and the governmental weather service through the experience of the United States. The private weather industry that provides for-profit weather forecasting services has developed since 1960's, and has grown rapidly with development of telecommunication technology. Korean government also promotes those industries through establishment of new laws and regulations that encourage research and development in the weather forecasting technology and weather information trade. The relationship between the private weather industry and the governmental weather service is not only cooperation one but also competitive one, because the private weather industry gets the basic information from the government and develops the information as value-added information for customers. In terms of policy matters, it is necessary to have adequate partnership between the private weather industry and the governmental weather service. The U.S experience would be good example to study for develop the policy. This paper explores the U.S. administrative and the legal systems regarding weather service in the U.S., and cooperation policy between the private weather industry and the governmental weather service in the U.S. In conclusion, it is necessary to consider the change the definition of Meteorology into environmental information in order to make scope of Weather Service jurisdiction. In terms of economic development, it is also required to promote the private weather industry. However, it should not be restricted the basic role of the national weather service providing basic public service. It might be necessary for government to consult in good faith with the private weather industry transparently.

資本主義の経済体制において、企業維持は国民の生活を保障してくれる基本的な条件である。企業維持は全体労働者の雇用安定と福祉増進のためのものである。したがって、企業経営が難しさに直面する際、企業の人的・物的な規模を効率的な方向へ調整することが経済原理または法原理上、正当である。 従来までは、経営上解雇(整理解雇)法理は、経営不振を理由として企業が一定の人員数を減らす集団的な解雇を代表的な事例として挙げてきた。 最近の判例では、多様な類型を見ることができる。例えば、経営の世界化の基礎として、企業の再編による人員整理、または雇用管理の個別化などによる契約内容及びポストが限っている労働者を経営上解雇の対象とする場合などが挙げられる。 しかし、従来の事例とは異なる事案で経営上解雇法理を適用することで問題となっている。もちろん、このような事案も経営上解雇法理を適用できるのみならず、かつ必要であると考えられる。その理由は、韓国の経営上解雇法理は、国際労働機関(ILO)協約および先進諸国の立法例にも共通の內容が含まれていることを考えると、必ずしも限定された法理ではなく、類似な形態で規制することができるからである。また、事案の多様化及び判例の動向が現行の勤労基準法上の４つの基準による判断構造を修正・補充する必要があるかどうかは、その具体的な適用方法を通じて考察し、この場合にいわば最後手段の原則などの意味及び適用方法をより厳格に検討する必要もある。 本稿は、上記で触れた問題認識に基づき、その議論の順番としては、まず経営上解雇の意義․法的性格と立法化の背景、要件を考察し(Ⅱ)、経営上解雇の類型別判断基準の適用をまとめた上(Ⅲ)、経営上解雇の3要件の構成による判断構造、すなわち経営判断の尊重と経営上解雇の必要性、解雇回避措置の位置づけ、の3要件構成の判断構造を各々検討する(Ⅳ)。また最後としては、要約・整理を行う(Ⅴ)。

The United Nations Convention on Contracts for the International Sale of Goods(the “CISG”) is limitedly applied to contracts for the international sale of goods. A contract for the sale of goods is deemed to be international when the parties’ places of business are in different states, which is called ‘CISG’s internationality’ or ‘CISG’s international character’. CISG can be also applied when the rules of private international law lead to the laws of a contracting state. As CISG does not define the concept of “place of business”, we need to refer to court decisions or arbitral awards to clearly understand its concept. UNCITRAL has established a reporting system for case law on UNCITRAL texts(“CLOUT”). CLOUT was established in order to assist judges, arbitrators, lawyers, and parties to business transactions, by making available decisions of courts and arbitral tribunals interpreting UNCITRAL texts. According to CLOUT cases, the nationality of the parties is not considered in determining the application of CISG, and the parties’ civil or commercial character is irrelevant. Korea’s Foreign Trade Act, however, distinguish between foreign trade and domestic trade by means of movement of goods. As the criteria of Korea’s Foreign Trade Act for foreign trade is different from those of CISG, careful attention is required. The basic principle of contractual freedom(“party autonomy”) is recognized in CISG by permitting the parties to exclude the application of CISG or derogate from or vary the effect of any its provision. In addition, CISG may be also applied as the law applicable to the contract if so chosen by the parties.

Für Sicherstellung von Klarheit in der Administration wird in der heutigen Gesellschaft der Zugang zu Verwaltungsinformationen angefordert. Besonders ist die Anforderung von dem Zugang zu Umweltinformationen zu stark, weil Umweltprobleme an der menschlichen Gesundheit anzuschließen sind und Verletzungen der Umwelt nicht einfach wiedergutgemacht werden. Für die Spiegelung der Anforderung von dem Zugang zu Umweltinformationen ist die Aarhus Convention abgeschließen und in der EU-Ebene die Richtlinie 2003/4/EG verordnet. Die Richtlinie 2003/4/EG definiert näher den Begriff Umweltinformation. Nach der Richtlinie sind Behörden der Mitgliedstaaten verpflichtet, die bei ihnen vorhandenen oder für sie bereitgehaltenen Umweltinformationen allen Antragstellern auf Antrag zugänglich zu machen, ohne dass diese ein Interesse geltend zu machen brauchen. In jedem Einzelfall ist aber das öffentliche Interesse an der Bekanntgabe gegen das Interesse an der Verweigerung der Bekanntgabe abzuwiegen. Ein Antrag auf Zugang zu Umweltinformationen kann deshalb abgelehnt werden, wenn das Interesse an der Verweigerung der Bekanntgabe groß für das öffentliche Interesse ist. Das Hauptproblem in dieser Interessenabwägung ist der Schutz des Betriebs- oder Geschäftsgeheimnisses. Trotzdem die Informationen Betriebs- oder Geschäftsgeheimnisse betreffen, kann aber der Antrag auf Zugang zu den Informationen nicht abgelehnt werden, wenn er sich auf Informationen über Emissionen in die Umwelt bezieht. Die Arbeit erzählt näher den wesentlichen Inhalt der Richtlinie 2003/4/EG und des deutschen Umweltinformationengesetzes. Ferner vergleicht sie das koreanischen Recht zu Zugang zur Umweltinformationen mit dem europäischen Recht.