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비교법연구 [The Journal of Comparative Law]

간행물 정보
  • 자료유형
    학술지
  • 발행기관
    동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
  • pISSN
    1598-3285
  • 간기
    연3회
  • 수록기간
    2000 ~ 2025
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 360 DDC 340
제12권 1호 (11건)
No

《2012년 춘계 국제학술대회 : 법학전문대학원의 현황과 공공기관의 무기계약직의 인권》

2

日本法科大学院(Law School)の現況と課題

赤松 秀岳

동국대학교 비교법문화연구원 비교법연구 제12권 1호 2012.04 pp.9-21

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4,500원

3

일본 법과대학원(로스쿨) 현황과 과제

赤松 秀岳, 정명운

동국대학교 비교법문화연구원 비교법연구 제12권 1호 2012.04 pp.23-35

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4,500원

4

中国律师的培养与法学教育

李挚萍

동국대학교 비교법문화연구원 비교법연구 제12권 1호 2012.04 pp.37-42

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4,000원

5

한국의 법학전문대학원의 현황과 과제

정용상

동국대학교 비교법문화연구원 비교법연구 제12권 1호 2012.04 pp.43-65

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6,000원

6

8,500원

《일반논문》

7

6,000원

In comparison with a provisions about the law of tort, there is no provision in Korean Civil Law about a compensation for mental damages(ideeller Schaden) caused by a default on an obligation. There are many opinions to solve this problem. A major opinion permits a compensation for mental damages caused by default. Because there are no provisions like §253 of BGB, we can permit a compensation for mental damages regardless of a default or an illegal act. And whoever a creditor of default or a injured by an illegal act have a right to compensation for the mental damages. An opposite opinion denies a compensation for mental damages caused by a default. Because, we can ignore the intention of the legislator by permitting a compensation for mental damages caused by a default in spite of no provision. And, because Korean Civil Law divides the law of contract and the law of illegal act, we cannot be regarded in the same light. A judicial precedent regards a compensation for mental damages caused by a default as a supplementary function. It is right to deny a compensation for mental damages caused by a default at present. But, we have to protect a right of mental damaged creditor. Therefore it is formed to permitting a compensation for mental damages caused by a default. Recently Korean Civil Law is revised. But, it seems that there are almost no considerations on a compensation for mental damages caused by a default. It is very important to rule certainly to the nation in statutory formed law. We do not cause a legal unrest by owing to a defect in legislation. Therefore, it is needed to form a new provisions about a compensation for mental damages caused by a default.

8

5,800원

Korea, the IMF is correct, while the second half of a 90-year auction market began to be activated on the 1st of July 2002 introduction of Civil Enforcement newly booming auction market because of the turn, but without the new changes with regard to the lien has reached now. Lien from the report is established by any bidder as good andoedeo hayeogeum properly evaluate the value of real estate are preventing. Investigation of a lien on the auction process and the establishment of a lien neglected by the parties, whether to acquire such bonds for a range of easily exploited ignorant 'is false. Exaggerated lien or no lien by virtue of "there is no way to verify this report even at the bidders to bid enough to give up or to drop the sale price and sale price dropping to wait, even if you get Meridian makers attract rejection of the Indian real estate is restricted in use, and many other social issues has emerged. In other words, to attract the advent of the owner of the auction process results in delays and loss of the bid and any dispute relating to India and the cause, and the debtor, such as third parties to exploit this point as a means of obstructing an officer tongmohayeo makers naesewoogi attract even the most is. Nevertheless, a lien with respect to civil law enforcement Article 91, paragraph 5 of Act 274 is all about Joe, throughout the auction process to protect the lien is a procedural system can not afford. As a result, 'legitimate lien' protection against lack of, and stakeholders the lien 'unfair lien "whether the lack information on the lien rights to the analysis done properly and could not, lien of the argument about whether the uncertainty and negative Enhancing the auction due to the identification of many complaints is a reality that feels. Enhancing the real estate auction, so, to improve the uncertainty of the lien auction process bidders and interested parties to participate in the exact right data can be caused by a lien on the auction block of the confusion over the stability of real estate auctions to sell real estate in the normal price should be helpful.

9

8,500원

Article No. 10 and 21 of the Korean Constitution respectively prescribe the personality rights and the freedom of journalism. Article10 of the Constitution says, "All citizens have dignity and values as a human being, and also have rights to pursue one's happiness." which acknowledges personality rights as the most important fundamental rights. Therefore the Constitution has large weight on matter of defining contents and limits of personality. On the other hand, not all the problems about personality rights will be solved by the Constitution. Whenever a conflicts is occurred between the fundamental rights, it is very important to harmonize the interpretation method of the Constitution in order to settle the problems. Article No. 21 of the Korean Constitution guarantee that everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and so seek, receive and impart information and ideas through any media and regardless of frontiers. And the article 21(2) of the Constitution prohibits the preliminary censorship to journalism and the action, if any, is executed by the administrative authority as a precautionary measures prior to express one's thoughts and view to hold back the announcement in advance with a screening and sorting the details of the case, that is, a system to prohibit broadcasting without permission. Therefore, the preparatory disposal of broadcasting prohibition based on the article on this case does not correspond to preliminary censorship. Moreover, like the petitioner's assertion regarded as seeking a limited unconstitutionality and even though allowing that the article in this case is including contents of the preparatory disposal of broadcasting prohibition, it can not be a restriction on the Freedom of Journalism to the extend that the preliminary censorship or the principle of the prohibition of excessive restriction. In addition the preparatory disposal of broadcasting by the article of this law does not necessarily mean the infringement of essential parts of freedom of journalism and limitation for the restriction of fundamental rights which is stipulated in article 37(2) of the Constitution, from which is being prescribed the principle of the prohibition of infringement for essential parts of the liberty and rights. To support this conclusion, this paper examined comparative laws concerning the system for the Prior Prevention Petition Rights which is now widely supported in the foreign countries. As said above, it is self evident that the Procedural Civil Law 714(2) came to a conclusion as a constitutionality case by the Constitutional Court of Korea.

10

태양열 고속도로를 통한 도로정책 발전방향 연구

조진우

동국대학교 비교법문화연구원 비교법연구 제12권 1호 2012.04 pp.195-213

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5,400원

Because of global climate change, many country attempted various methods to reduce carbon dioxide. Road is one of the most typical field of emission of carbon dioxide. For reducing carbon dioxide, Oregon state government tried to produce energy from installing solar collector around highway, solar highway. Oregon state government and many corporation builded a consortium for solar highway. solar highway in Oregon, although still an early stage, reduced carbon dioxide and cut operating costs by using solar energy. In addition, Germany, Swiss, and Austria produced solar energy by installing soundproof in highway. Road Policy in korea must change in times of the low-carbon green growth. It is urgent break away negative perception for Road and leading a new era to road from solar highway. We must introduce environment-friendly policy, solar highway, soundproof, and etc. through promoting a paradigm shift to road policy

《비교법문화연구원 규정집》

11

비교법문화연구원 규정집

동국대학교 비교법문화연구원

동국대학교 비교법문화연구원 비교법연구 제12권 1호 2012.04 pp.215-228

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4,600원

 
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