Earticle

在原始“法”字的字形當中蘊含着豊富的文化內涵和精神氛圍,而這種精神氛圍的核心乃是“巫”, “巫”存在于神話,傳說,宗敎,天文,服飾中,乃至與原始法字的發音和字義具有深刻的相關性.

The police power evaded principled scrutiny both of its bases and its effects because the moment of its emergence in American political-legal consciousness--the later nineteenth and early twentieth centuries--was simultaneously the moment of its defense. Associated in the liberal mind with benevolent resort to the state's capacities to elevate its citizenry, the police power became the principle means to elevate “public right,” address the social(rather than merely individual) interests with which public right was purportedly identified, and thereby, ultimately, improve the human condition. The purpose of the Police Power is to establish a basis upon which we can think very differently about the police power Given the dreadful record of the twentieth century's experiment with government power unleashed in the name of public good, a renewed appreciation for government power of a more modest sort might be a good thing.

Treaty of Lisbon was singed by the members of the European Union (here in after the ‘EU’) on 13 December 2007 and its ratification proceeding was ended by signing of Mr.Václav Klaus, the President of Česká republika. And Treaty of Lisbon came into effect On 1 December 2009. The purpose of Treaty of Lisbon is not to create a new substitute to the EU but to enhance the integration among member States of the EU with succeeding the tradition in the EC system. Although several supranational elements were excluded by deleting the word “Constitution” and several relevant provisions from the draft, it is meaningful that this Treaty contains important systematic changes for stronger unification among European States. For instance Treaty of Lisbon substituted the word ‘Community’ to ‘Union’ in its text. Although many member States are reluctant to shift their sovereign authorities to the Union, it is evaluated that Treaty of Lisbon successfully shift sovereign authorities from the member States to the Union in a certain degree to settle many problems in the Europe by the hands of the Union itself. For instance, Treaty of Lisbon strengthened the EU citizens’ participation to the relevant procedures in the EU system, and changed the decision-making process of the Union. In particular it is worth regarding that the Treaty gave stronger power to the European Parliament to intervene to concluding a treaty by a member State. In those radical or revolutionary changes in the EU system, this article deals with the backgrounds of the Treaty, legal and systematic changes brought by the Treaty, and legal relations among the Union and its member States under Treaty of Lisbon regime.

Recently, many countries in Europe have been trying to develop the uniform law to accelerate the system of European Union. As the one of their achievement, the European Group on Tort Law has been drafted the Principles of European Tort Law. This paper will handle the causation part of topic in torts. In order to understand the characteristics of the PETL, this paper will explain and analyze the each countries' policy on causation. Causation theory in German has function as to determine the scope of damage. In Germany the causation has developed as considering the foreseeability of the damage might occurred, or the intended purpose of the law to prevent injury and the risk relevancy. On the other, In British and American precedents, the principle of foreseeability that is based on the condition that the results was foreseeable or may be foreseeable in consideration of that reasonable other party knew or may know the fact in the place of the person in calculating reparation in damages by beach of contract or tort is identical to Article No. 393 of Korean Private Law.

There are cases when testimony by a witness is the sole and substantial evidence identifying the criminal. In this situation, cases are bound to occur when errors in the criminal identification process for the witness lead to the danger of misjudgment. The examiner must not only use various examination techniques depending on the characteristics of the examination subject, but also hold knowledge on the problems of human memory. The examiner must acquire information about the past from the witness, and must therefore know the influence which the working process and the weakness of the memory exert on the interviewee's testimony. The witness's memory is forgotten and distorted by various causes of change and leads to a wrong testimony; the witness is confident in his state of non-awareness regarding his memory errors, and becomes trapped in the illusion that he is testifying accurately. There are many criminal identification methods to minimize the errors of the witness's weak memory and hence reduce misjudgment. One of the more frequently used methods in the developed world including in the U.S. and the U.K. is the lineup method. In Korea's case, the police established the "Detailed Process Guideline in Criminal Identification" in 2005 but reality is that it is barely used in practical work. Along with the recent amendment of the Criminal Trial Law, the customary record-based investigation of the past must be improved. If methods identifying the criminal through a criminal identification process using the lineup method from the beginning stage of the investigation can be systematized, the credibility of the investigation agencies' investigation will improve. This paper introduces many criminal identification methods and suggests that among them the lineup method stands out as a useful criminal identification process to prevent misjudgment.

Land use planning in the united states is different from land use planning in korea in many area. zoning in the united states was appeared for regulating indiscriminate development of the city. Since than zoning system was enacted though The Standard City Planning Enabling Act. Because the federal government devolved zoning authority to local government, The federal government intervene partially only by the Federal constitution article 6 and 8. If Local government follow zoning made by the federal government, the federal can give the local government incentive. After Court ruled that zoning system is constitutional, zoning is settled as a traditional land use planning. zoning was transformed in different situation s in each state. Zoning regulate the property right, regulatory taking is current and important issue. "if goes too far", requisite for regulatory taking that need to compensation, is definitized by court.

This study discusses legal positions of foreign workers. For this purpose, it first inspects closely the Immigration Control Act which provides for entry into and departure from the country and sojourn of foreigners and Foreign Workers Employment Act which prescribes in detail from employment of foreign workers to management of foreign workers. It examines the problems of them. It presents the improved plans for them. In order to protect the jobs of the locals, restriction of employment of foreigners and limitations on period for their employment activities are needed. The deportation system for the foreign workers who do something illegal is needed for the public good. However, Korean employers inevitably have to accept that foreign workers flow into the country, because Korean job seekers tend to avoid 3D(Dangerous, Dirty, Difficult) jobs. Therefore Occupational Safety and Health Regulations should apply to the foreign workers who legally enter the country by the Employment Permit System, equal to home workers. They should obligatorily join casualty insurance which covers industrial accidents and National Health Insurance so that they can lead a steady life. Departure Guarantee Insurance and Trust which pays retirement grants to foreign workers when they leave the country, Return Cost Insurance and Trust which meets the necessary expenses when they enter the country, Guarantee Insurance which prepares for the cases that their wages are in arrears and so on, need to be more enhanced.