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법학자 義堂張庚鶴의 생애와 학문세계 - 의당 선생님 逝去3주기를 맞으며 -
동국대학교 비교법문화연구원 비교법연구 제14권 2호 2014.10 pp.7-40
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7,600원
Professor Chang, Kyung-Hak is regarded as a root of Dongguk Law Science. He gave lectures on civil law and others even before he was inaugurated a fulltime professor of Law Department of Dongguk University. Dongguk Law Science is the cradle of Justice Law Science, and practical law science. Dongguk Law Science has existed supported by the professors who lived practical life as an “intellect in action”, not staying back in schools alienated from reality. One of them is Professor Chang, Kyung-Hak. It is proved from the fact that he participated in School Democracy Movement as a professor representative in Yonsei University after April Revolution in 1960 and had to be resigned from the university for the reason. Professor Chang was in the period of transition of our nation in the early academic circle. It was around the establishment of Korean government after the liberalization from Japan. He was a virtuous man that published his own articles with clear and honest indication of references of Japanese scholars at the time that most colleague professors translated Japanese textbooks and published them as if they had been their works. In that sense, Professor Chang was an “honest scholar” that were few in the early times of Korean law science circle. One of his contributions in terms of sociology of law perspective was that he introduced the books of many German and American s cholars through translation. He was also a scholar specialized in civil law and sociology of law, as well as philosophy of law. He made efforts to pursue Korean-style thoughts of law. As a scholar of civil law, he tried to describe the substantial factors of law represented in the lives and way of thoughts in ordinary people, rather than description of law for a ruler. This study is an introductory study that intends to provide an op portunity to re-evaluate and pay attention on the academic achieve ments of Professor Chang. He developed law science as a 1st generation of civil law in our nation acting as an examiner of Civil Law Deliberation Committee of Republic of Korea in early times and developed Dongguk Law Science. This study has a significance to introduce and summarize his profile first.
6,700원
Like the incident of Jeil nuclear power plant in Fukushima, Japan in 2011, the nuclear accident cause serious nuclear damages. In the nuclear incident, not only the prevention of accidents but also the swift and reasonable legal measures for the accidents is the most important thing. Nuclear Liability Compensation Act has several problems such as to establish a higher amount of liability of the operator, to establish a higher amount of financial security of the operator. And It has to be reform the article for public funds that shall be made available by that State to compensate nuclear damage that amount is more than 300 million SDRs. In consideration of huge nuclear damage, to set the upper limit of liability is not resonable. And amount of liability insurance for nuclear damage and indemnity agreement of compensation for nuclear damage is very insufficent for effective compensation. Therefore, the nuclear liability compensation act has to be reform in order to establish a higher amount of liability of the operator, establish a higher amount of financial security of the operator. Especially the nuclear liability compensation act enforcement decree that shall amount established be less than 50 billion won must be reformed in order to establish a higher amount of liability of the operator.
7,600원
From Article 10 set forth that guarantees fundamental rights of citizens, the Constitution of our country, and the look into Brandeis (1928) argued, freedom rights is a "the right to be let alone" means rights to comprehensive all civilized men are. However, already beyond the harm to the privacy of others, social behavior and anti-social behavior caused a lot of problems, such as assaults, kidnapping, rape, murder, enough to rise to the coined word 'Sa-Seing fan' at any moment. Result from be a matter of personal problem solved by parties, it may make it more severe. And the measures that can imperative act through during stalking to prevent from another secondary damage is urgent to legislation. Presently The criminal law focusing on punishment for criminal result from behavior. But considered to predict criminal behavior in a particular course, and if there is an infringement of personal legal interest, other sanctions provided is sensible. Not the purpose of punishment is built by a simple punishable misdemeanor, but being limited by a stalking to be unavoidable under the law, in accordance with the principle of minimal violation of the principle of conformity with the principles and needs. Hope that there is a need to establish clear penalties stalking through the introduction of penalties prescribed by the arbitrary judgment of the law enforcement agencies. Looking to the meaning to be established to study ways to effectively sanction against the stalking behavior put Comparative Legal Study of Japan's law and Korea's.
6,100원
Today, school violence is serious social problem and absent of proper investigation about it causes suicide, social maladjustment and inheritance of violence. If proper treatment doesn't conduct to injured students, its shock and after-effect can lead to emotional disease that hinders their ordinary life. Because school violence has bed influences like social maladjustment from adolescent to adult , school and supervisory institution should prevent extension of this violence. School violence needs to consider not only protection of students but recurrence prevention and re-socialization of wrongdoing students. According to research data school violence occurs most frequently in the middle school and whether they have normal family organization or economical poverty is related to cause of inducing school violence. It should consider when doing a study about and prevention of school violence and improvement suggestion. Until now because of inferior financial conditions and lack of man power in charge comment of school had been accepted in solving of this violence. But effort for responsible prevention of school violence of school authority and solution will for accidents are primary element and task for protection of human right. To give shape to it, responsible attitude of juvenile institution that goes with reinforcement of personality education in school field, restorative jurisdiction realization and mediatory management of independent committee from school is essential.
미국 유한책임회사(LLC)에 있어서 신인의무에 관한 연구
동국대학교 비교법문화연구원 비교법연구 제14권 2호 2014.10 pp.127-158
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7,300원
It is difficult to say that the discussion on fiduciary duty in United States has been clearly and concretely summarized. The fiduciary duty discussed in the LLCs in United States is not the fiduciary duty in social relation. It can be understood that the fiduciary duty is just on the dimension of contract between specific parties. The legislative means to resolve this issue is just a legal measure for the simple resolution of economic demand; while the dispute in concrete legal principle is still ongoing. It can be said that the background of such discussion works important on the discussion of fiduciary duty in Korean Limited Liability Company (LLC). At present, there is no clear applicable provision in LLC-related articles in the revised Korean Commercial Code, by which fiduciary duty can be levied on the internal legal relation. Especially, the provision, which can be a basis for fiduciary duty of Limited Liability Company (LLC), is on the ‘duty of care’ in the delegation provision with a company; therefore, an opposition of theories regarding the application of fiduciary duty dis cussed in United States LLC is unavoidable. Therefore, the Limited Liability Company (LLC) provision in current revised Commercial Code has the issue that it cannot deal with the unique characteristic of Limited Liability Company (LLC) and its dispute in legal principle. A representative issue is that current revised Commercial Code does not have a provision on the operating agreement, which enables the change and exemption of internal member’s fiduciary duty in United States Limited Liability Company (LLC) law. The reality is that Limited Liability Company (LLC) was introduced to Korea before such ‘standardization’ process. Therefore, future discussion should deal with the legal property or status related to operating agreement of Limited Liability Company (LLC), which has impact on the “duty based on standard or duty” such as fiduciary duty. Next, the legal principle on the existence of normativity or contractual duty regarding the fiduciary duty of Limited Liability Company (LLC), which gets impact from operating agreement, should be established. It is suggested that the normativity of fiduciary duty, harmonious interpretation on the Limited Liability Company (LLC) with strong contract property and the disputes in legal principle should be sequentially established in Korean corporation law practice.
8,500원
China has continued economic growth since the country's Reform & Open-door Policy in 1978. Especially, the successful hosting of the 1990 Peking Asian Games and the 2008 Beijing Olympics Game was an important mark to let the world know China as a brand and inform of the country's economic growth. However, it is still questionable in the midst of splendid economic achievements whether China is globally competitive enough to compete with the world. While China still works as a plant of the entire world with its inexpensive labor which is overtaken by Southasian countries like Vietnam and Laos. China will have to be competitive in related areas other than labor to compete with the world. Especially, companies are a critical axis of the national economic growth and it is very important for them to be globally competitive. Therefore, the Chinese government finds Chinese companies' corporate social responsibility (CSR) and their socially responsible management to be essential. The demand for CSR became higher since 2000 or in specific, the 2009 Beijing Olympics Game and the 2010 Shanghai Expo. This study explored CSR defined in Article 5 of the Corporation Act as a way for the Chinese companies to become more globally competitive. It also reviewed issues pertaining to CSR discussed and developed mostly by state-owned companies. Also, the study discussed how laws and policies can be improved to help CSR to reach the entire corporate society of China. China will not be able to realize CSR by depending on the Corporation Act and the provisions. Therefore, based on Article 5 of the law defining CSR, China is revising other related laws such as the Lab or Act, the Consumer's Rights Protection Act, and the Environmental Protection Act. The Chinese government expects that the revision will be able to specify the interests of stakeholders in terms of CSR and regulate the myopic corporate behaviors aimed at maximizing profits unilaterally without considering the equivalent interests of creditors, shareholders and consumers. These efforts are expected to solidify a foundation for Chinese companies to be more globally competitive and provide major dynamics for the foundation to realize sustainable development.
약관에 없는 사항에 대한 설명의무의 존부 - 대법원 2014. 10. 27. 선고 2012다22242판결 -
동국대학교 비교법문화연구원 비교법연구 제14권 2호 2014.10 pp.199-226
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6,700원
In recent years, there has been considerable litigation involving life insurance sales. This rash of life insurance litigation has several root causes. A more serious problem is that variable or universal insurance can be confusing because those contract are financially sophisticated. Although much of this confusion could be eliminated if insureds would read their insurance terms or accompanying prospectuses, carefully review term illustrations, or question their solicitor about key aspects of terms, many do not. Their ultimate disappointment with their policies leads to anger and blame and thus to litigation against the insurers and solicitor whom they consider responsible for their alleged predicaments. In their zeal to make sales, some insurer provide customers with optimistic illustrations of policy performance that, while perhaps per missible under insurers’ compliance standards, unreasonably raise customers’ expectations and lead to litigation when those expectations are not met. This article provides a specific discussion of liability issues facing insurers, insurance solicitor in connection with the sale of life insurance, especially in case of breach of the duty to explanation. Duty to explain provided on the Commercial act art.638-3, Regulation of standardized contracts act art.3 and Insurance business act art.95-2. The Insurance business act differ from the Commercial act and Regulation of standardized contract act. Because the scope of explanation of former is material facts and important contents in insurance terms but the latter is not limited the scope of explanation to general terms. The Supreme Court Decision 2012Da22242 Decides October 27, 2014 ruled that the insurer have to explain the important contents of insurance contract whether the contents described in insurance terms or not. It is milestone decision and confirmed precedent case, 2010Da34159. This became a much enhanced policyholder protection.
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