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8,400원
Suh, Jeong-Gap(徐廷甲), also known as Danya(檀也), was born on July 16, 1914. He graduated from Kyoto University, College of Law in 1945. He taught students in the Seoul National University, College of Commerce beginning 1952 and moved to Hanyang University, College of Political Science and Economics in 1962. He started to teach in Dongguk University, College of Law and Political Science beginning September 1963 and retired on August 31, 1979. During the term of his office in Dongguk University, he had served as the Dean of Libraries since 1969. According to Dongguk University News, Danya had given lectures in the Department of Law in Dongguk University since even before 1963. Therefore, it can be said that Danya took part in building the history of Law Science in Dongguk University. Reporting that he was given award for recognition of 30 continuous years of unbroken perfect attendance of service given by Seoul City Committee of Education, Dongguk University News introduced Danya as he was known with “perfect lectures without cancellation”, and also “strict to giving credits”. A colleague professor who worked with him in Dongguk University for his life time said, “Danya practiced his belief that scholars should develop their academic capacity steady and ceaselessly following one path in a modest and serious way.” This study reviews the academic footprints of Suh, Jeong-Gap who is one of the professors that developed law science of Dongguk, focusing on the articles posted on Dongguk University News.
关于中国家族企业的考察 - 以家族企業的界定及發展過程爲中心-
동국대학교 비교법문화연구원 비교법연구 제15권 1호 2015.04 pp.47-80
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7,600원
가족기업은 세계 각국의 경제발전의 역정(歷程) 속에서 중요한 역할 을 하여 왔다. 중국의 경우, 개혁개방시기에 가족기업들이 우후죽순(雨 後竹筍)처럼 나타나 신속한 발전을 이루었으며, 또한 중국의 여러 지 방 경제발전에 커다란 공헌을 하였다. 중국의 많은 민영기업 중 절대 다수가 가족 소유에 속하고 있으며, 중국의 경제에 있어 가족기업의 영향력이 매우 강력하다 할 것이다. 때문에 중국 학술계에서는 가족기 업의 발전에 대해 객관적, 이성적, 합리적으로 검토하기 위해 많은 관 심을 나타내고 있으며, 중국 정부 또한 가족기업에 대해 중시(重視)하 고 있다. 2000년대 이후, 중국의 가족기업에서 나타나는 문제들은 학술계와 실무계의 뜨거운 반향을 일으켰으나, 가족기업과 관련된 문제들은 여 전히 그 해결을 보지 못하고 있으며, 가족기업에 대한 기초적 연구가 진행되고 있을 뿐이다. 도대체 ‘무엇이 가족기업인가’라는 가족기업의 정의조차 모호하고, 많은 학자들은 그들의 관점에 따라 가족기업을 정 의하고 있다. 이러한 이유로 가족기업에 대한 정확한 개념정의가 필요 하며, 이는 가족기업에 대한 논리적 분석의 기초가 될 것이다. 가족기업은 강력한 생명력을 가진 조직체이다. 특히 ‘관계’를 중시 하는 중국의 문화적 측면을 고려한다면, 가족기업의 강력한 생명력을 바탕으로 한 급속한 발전은 이해가 그리 어렵지 않다 할 것이다. 그러 나 이러한 가족기업의 급속한 발전의 이면에는, 그 발전에 있어서 경로의존과 세대 사이의 계승방법, 기업 지배구조적 폐단, 시장에 있어서 경쟁력 부족 등의 다양한 문제점들을 내포하고 있다 할 것이다. 때문 에 가족기업의 건전한 발전과 지속 가능한 중국 경제의 발전을 위하 여, 내부조직 구조 및 관리를 체계적으로 하여야 하고, 기업 내의 고급 인력자원의 관리에도 노력하여야 할 것이다. 또한, 시장에 있어서 경쟁 력을 갖추기 위하여 핵심 기술을 개발하여야 할 것이다. 그리고 가족 구성원과 비가족구성원 사이의 분쟁 해결에 노력하여야 할 것이다. 이 러한 노력들이 진행되었을 때 중국 가족기업의 진일보한 발전을 할 수 있을 것이다.
The family business has played a significant role in the journey of the economic development of various countries in the world. In the case of China, the family businesses had sprung up everywhere and made rapid development during Chinese economic reform era, and has contributed a lot to the development of many local economy of China. An absolute majority of private enterprises of China are family-owned enterprises, and the economic impact of family business is very strong. On this account, Chinese academia shows a lot of interests in studying development of family business in objective, rational, and reasonable way, and Chinese government also sets importance on the family business. Since the 2000s, the issues arising from the family business had created great sensation both in business world and academia, however, the issues with the family business has still not been solved, and just basic research on the family business is being carried out so far. Even the definition of ‘What is the family business?’ is still ambiguous, and many scholars are defining family business in their perspective. For this reason, it is necessary to clearly define family business, and this will be the basis for the logical analysis of the family business. The family business is an organization with tenacious hold on life. Especially, if you take into account the cultural aspects of China that place emphasis on ‘relationship,’ it’s not difficult to understand the rapid development of the family business based on its strong vitality. However, on the flip side of this rapid development of the family business poses various issues such as path dependence and succession methods between generations, and the evil effects of corporate governance, and the lack of competitiveness in the market. Therefore, for the healthy development of the family business and the sustainable economic development of China, it needs to have systemic internal organizational structure; management; and the efforts to manage high-quality human resources in the business. In addition, it needs to develop core technology to remain competitive in the market. And it should give its best efforts in resolving disputes between family members and non-family members. When these efforts are put forward, the family business of China will be able to make a major step forward in development.
6,700원
We tide over a difficult situation, IMF as a radical economic change. we try to Artificial Reformation of Corporate Governance for the existence of a Korean Enterprise. Not only our country, but also all countries of the world, keep pace with dramatic change of International Economics, concentrate their efforts on reformation and innovation of various system of every countries, especially Institution and Law in relation of Corporate Law. And also various system of former days are now changing by a trend of the times and each countries present the economic operation policy of their own. Get born on United States, Limited Liability Company is a devised Corporate Entity for the Relevance to Economic Needs of Corporate Constituencies. In America like a Major Economic Power, gives every facility for attracting enterprise. Especially, in Delaware, Corporate Law gives wide Discretionary Powers to parties for the efficient control of contract between Shareholder and Corporation. what is called the realization of Private Ordering, respects party's rights. And salient tendency of Private Ordering is the evidence of Limited Liability Company. Thus, LLC system of United States take aim at realize the efficiency of Private Ordering. This efficiency of LLC system is connected Legislation of Japan, I t established Japanized LLC in 2005, with Modernization Plan of Japan Corporate Law. Limited Liability as a merit of corporations, flexible manage the inner parts of Partnership and a tax privilege, receive recognition that Institutional Availability, utilization is revitalized, after that politic invitation is legislated in Japan, recently. As a matter of fact, there are in substantial agreement between LLC of United States and Japanized LLC, except for a slice of tax parts. However, Limited Liability, Private Ordering and a tax privilege as a trait of the LLC system is suitable to recognition that Institutional Availability. But at the time of Legislation, we don't have to passing over forecasting that these good traits can make bad effects of system, by being a Double-Edged Sword. It is easy to forecast the damage of the Third Parties, as like the Creditor of Corporation by abusing of Limited Liability, in the same manner with Corporation. In Proposals to Amend Comercial Law, Rules in relation to the Third Parties by Mandatory Rules apply the Provision and Rule Regulating Corporations, but it would be enough to use to make indistinct the Scope of Liability by abuse legislation with LLC system's trait, be controled by Private ordering. At the time of Legislation of LLC, at first, company have necessary to clear up the Scope of Liability to the Third Parties, To find the way to protect the Third Parties as the Creditor of Corporation is the object of this inquiry.
캐나다 이민법상 주정부의 영주권 부여 참여에 관한 연구
동국대학교 비교법문화연구원 비교법연구 제15권 1호 2015.04 pp.109-129
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5,700원
This paper aims at reviewing Canada's provincial nominee immigration program and exploring the way in which Korea's local governments participate in central government's immigration policy. In Korea, immigration status is granted by the Minister of Justice under the Immigration Control Act and there is no role of local governments in this policy area. However, Canada's Immigration and Refugee Protection Act stipulates that the Minister of Citizenship and Immigration Canada may enter into agreements with provincial governments with regard to immigration policy and in accordance with those agreements, ten provinces and two territories implement provincial nominee programs. Through the provincial nominee program, Canadian provinces and territories receive immigrants selected by themselves and use their labor force to contribute to their economic development. After reviewing Canada's provincial nominee program in detail at Chapter 2, the paper suggests that Korea consider similar program in which local governments recommend to central government foreign workers who showed great work and civic history in their locality and proved themselves to be semi-skilled workers and the central government grants to those foreign workers immigration status including permanent resident status with which they can settle in Korea.
6,000원
Recently, a local large shopping malls in poor security system in the store in middle school girls who were sexually assaulted by a monstrous thing has happened. The mall has its own security team on the restaurant and instal led a closed-circuit in (Cctv), but it's broken, the crime she didn't realize I don't know. The place of a crime in the store, and toilet doors in a doorway but nobody I did not notice. Three floors, four cctv the toilet is broken and one is installed, but three have different direction with the police said. Also, the security guard to the mall, 10 criminals even though a garbage man is conditioned early in the restroom did not stop. The government has private security image information processi ng device setup and operating guidelines through department stores and large grocery store in a public place so you can install a cctv. But shopping mall is a security team on and properly treated, the cctv, check it, did not. It's broken free rein to militias, as major evi dence of its investigation into the movie, and failure to secure and that the overcrowded the first priority security isn't do real-time monitoring of numerous public who Something of a sex crimes in sp ace. So far in our country, police have undertaken many parts of p olicing. But the civilian police with the private security industry to continue increasing demand for the roles and mutual cooperation in the right way forward is more necessary. A rapid pace in responding appropriately to changing security en vironment since the early 1970s for private security and related law s and systems are introduced, and public institutions, and including the police, Have been responsible for supervision. But the system of representative and enacted in 1995, implemented since 1997, a Consu ltant expenses scheme. Security instructor is responsible for the guidance, the education for the guards, the basic training of the guards but the basic traini ng of the security environment changes can not be made. The purpose of this study is to present the Improvement of Sec urity instructor basic education
동국대학교 비교법문화연구원 비교법연구 제15권 1호 2015.04 pp.155-186
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7,300원
The special law enforcement sexual past 20 years now, despite several institutional improvements been made, sexual offenses The surge in sex crimes that target children and teenagers are rapidly increasing over the year. the court judgment in this case a 15 year old school girls has a high social concerns that do not meet the legal feelings of the people Have experienced sexual violence under age 13 years old, because since childhood is a lack of decision-making regarding the sexual self-determination on the period of growth and developmental stage, When they will keep perpetrated repeatedly by adult, it may be locking in the wrong learning ability. This can cause a lot of problems in the psychological and behavioral aspects, once learned well not harm the child sex offenses appears in during adolescence in promiscuous sexual behavior that is sexual interest or incident surfaced in the last few years later after appearing as symptoms surface, sleeping characters in some cases appear as late events in effect '(Sleeper Effect). Particularly in the case of incest, social and economic reasons, to the shame and sexually offensive that in this, Statutory rape a child sex crime, representations of consistency, case it is often know as an adult offender isolation protection does not work properly, and may suffer from Complex Posttraumatic Stress Disorder unconsciously, and even anti-social personality disorder. (Antisocial Personality Disorder) and TS is formed with disabilities (Paraphilic Disorders) may upset other criminals. That is sexual crimes that target children and adolescents? Under the age19, targeted and forced rape molested, prostitution, sex referral, sexual coercion, refers to the act of production, such as distributing pornographic material using children and adolescents. In addition, the "Law on the Protection of Children and Youth" (hereinafter "Sexuality Act" means) has been defined in Article 2 of the law of sin from Article 7 to Article 15, concerning the punishment of "sexual offense Act on Special Cases "and the law provisions on rape in an injury endangerment Article 8 (hereinafter referred to as" sexual punishment act), Article 7 of the 2013 Act under the age of minors, pursuant to rape, to severe penalties, such as forced molested regulations can be a double Empty know. In addition may be mentioned the "Child Welfare" Article 17 prohibited acts, "Act on Special Cases concerning the Punishment of the Crime of child abuse" (hereinafter referred to as child abuse punishment Act) has received a severe penalties in accordance with Article 2, Paragraph No. 4. This study, "Criminal Law", "Act on Special Cases concerning the Punishment of sexual assault crime" in addition to Article 7 and Article 305 "Law on the Protection of Children and Youth", Article 2 and "Child Welfare Act " on the legal application of Article 3 interpretation and children of foreign point out that the problems of existing laws regulating sex crimes by examining the youth form and want to present an improvement plan for it.
민간조사업 도입과 민간조사제도법의 제정 방안에 관한 연구
동국대학교 비교법문화연구원 비교법연구 제15권 1호 2015.04 pp.187-214
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6,700원
The rapid social and environmental changes in contemporary society is entering through the greatest evils of humanism in the development of the capitalist had deserted excessive materialism. The subject of the construction of all society is putting the cart to be conducted, and the subject is human capital Human capital is made the object, Humans do not have the capital to do more independent role of human values fall this type and the type of policing crime spree also increasingly complicate, diversifying, and it is that the development and evolution as the evolution of our society through the media often now can be seen. Whereas expectations for the fundamental rights of the people are protected in accordance with the development of society in expanding the country's capital market day by day increasing, thereby various forms of crime is increasing. This type of crime is increasingly stateof- the- art and intelligent techniques have limitations on the system of national law enforcement agencies in identifying and securing evidence it. In this situation some errands center is the father of side effects over negative and illegal investigation. In addition, according to the society diversified areas of expertise and research is the need for in creased demand for private investigation detective system emerged institution called the one people have been enacted to resume discussions. Korea had joined the OECD in 1996 after the market opening, as already huge foreign companies in the domestic detective Risk Consultant, Risk Management the needs of more market reality that legitimate activities with names such as the power of vested interest groups and we give you real inner room is pushed out to a foreign company engaged in the production pushes people into criminals the shade that can be mass-produced. Private investigation institutions will be contributing to peace for the people as soon as possible for private research institutions consist of the limits of our police force by security personnel of the police investigation service that is not only 20,000 in the most legitimate institutional reality in our country. Among 34 member countries of OECD, Korea is the only country that does not have private investigation institutions in the legal and institutional crime of not changing too broad to police at the scene in the police service is no limit in the number of moles in the blind spot of more security for our people it is a reality.
저작인격권·저작재산권의 각 권리에 기한 청구가 별개의 소송물인가? - 대법원 2013.7.12. 선고 2013다22775 판결 -
동국대학교 비교법문화연구원 비교법연구 제15권 1호 2015.04 pp.215-239
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6,300원
Since author's moral right or property right should be considered as an each independent right, the claims for author's moral right or property right are all the separate object of a lawsuit. Therefore, in the relevant case, a claim for damages in copyright infringement of compilation works of Jungmunseojuk is different with a claim for damages in copyright infringement of derivative works. Thus, the judgement range of original trial after the remand is only confined to a claim for damages in copyright infringement of property right not a claim for the others. Lawsuit is overlapped with substantive law and procedural law so that subject of judgment also has to be decided in this respect. It is inappropriate to ignore these both aspects in order to resolve the dispute at once. The basic stance about the conception of the object of a lawsuit should be dealt in two perspectives. The first stance is this : balanced interpretation is necessary because the lawsuit is caused in the process of meeting these substantive law and adjective law. And the other is that judicial reality should be considered because it is believed that there is a correlation of judicial policy or legal policy with. Now, our country is also required to check the new theory on the object of a lawsuit at the time when discarding concurrent psychological approach, concentrated trial is adopted and the fixed number of the judges is increasing. Above all, it is suggested that proactive position on legal procedure law is needed in that the importance of one-time dispute resolution cannot be overemphasized.
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