Earticle

영국은 마그나카르타를 시작으로 전세계에서 가장 먼저 법치주의가 발전한 나라이 다. 또한 해상력을 이용하여 오랫동안 전세계 많은 나라에 영향력을 행사하였고, 인 도, 오스트레일리아 등 당시 영국의 식민 지배를 받은 국가들은 현재까지도 식민지 배 당시의 영국 문화, 제도 등이 유지하고 있는 상황이다. 이러한 영향력은 단순히 문화, 제도에서 그치는 것이 아니라 법의 영역에서 더욱 두드러지게 나타난다. 영국 은 법치주의의 이념을 단순히 본토의 정치, 제도에만 활용한 것이 아니라 식민지의 통치도구로 이용하였으며, 이는 식민지에 근대화를 추진한다는 명목으로 진행되거나, 식민지 스스로가 위 법치주의를 이용하여 발전하는 방향으로 진행되었다. 영국의 주 요 식민지였던 인도, 오스트레일리아의 경우 영국의 보통법 시스템을 넘어 근대화의 상징으로 여겨지는 성문화 과정을 통해 근대 법령을 제정하기에 이르렀다. 영국은 인도의 경우 아시아 진출의 교두보라고 판단하였으며, 그 중요성에 착안하여 법치주 의를 인도에 대한 통치도구로 적극 활용하였으나, 오스트레일리아는 법치주의를 더 욱 발전시키는 방향으로 진행되게 되었다. 민법은 각 국가별로 고유한 영역이 있다 고 인식되어 성문화의 필요성이 크지 않았으나, 형법의 경우 제국 권력의 효율적인 통치수단으로 사용되었으므로 민법보다 신속하게 성문화가 진행되었다. 그러나 식민 지의 이러한 흐름과는 반대로 영국 내에서는 본질적인 의미의 성문화가 진행되지 않 은 채 보통법 시스템이 현재까지도 유지되고 있다. 법치주의가 가장 먼저 발달한 나 라임에도 불구하고 이러한 행태는 상당히 이례적인 것으로 보인다. 영국 내에서도 제레미 벤담 등 형법의 발전과 효율적인 통치를 위하여 성문화를 진행하여야한다는 의견이 상당수 있었다. 그러나 이미 영국은 기존 보통법 체계가 뿌리 깊게 자리 잡 고 있던 상태에서 법조인들이 변화를 원하지 않았을 뿐만 아니라, 법조인 출신이 다 수 의회를 구성하고 있어 법조인들의 의견을 무시할 수 없었던 당시 정치적 상황, 영국은 식민지를 지배하는 나라로서 식민지와 동일한 법의 형태를 가질 수 없다는 우월의식 등으로 인해 본질적인 의미의 성문화가 진행되지 않았다. 당시에는 보편적 인 법으로 인식되던 형법도 현재는 기술의 발전 등으로 인해 범죄가 다양화되어 심 도있는 논의를 바탕으로 적극적인 대처가 필요한 상황이므로, 지금이라도 적극적으 로 성문화를 추진하여 다양화되는 범죄에 능동적으로 대응하는 방안이 가장 바람직 해보인다.

Britain was the first country in the world to develop the rule of law, starting with the Magna Carta, and it has long used its maritime power to influence many countries around the world, and countries that were colonised by Britain, such as India and Australia, still retain the culture, institutions, etc. of the colonial era. This influence is not limited to culture and institutions, but is even more pronounced in the realm of law. The British did not simply use the ideology of the rule of law in their mainland politics and institutions, but also used it as a tool for governance in their colonies, either in the name of promoting modernisation in the colonies, or in the direction of the colonies themselves using the rule of law to develop. In the case of India and Australia, two of Britain's major colonies, they went beyond the British common law system to enact modern laws through the process of codification, which is considered a symbol of modernisation. In the case of India, the British saw it as a bridgehead to Asia and, given its importance, actively used the rule of law as a tool to govern India, while in Australia, the rule of law was further developed. Civil law was perceived to be the domain of each country, so there was little need for codification, but criminal law was used as an efficient means of imperial power, so codification proceeded more quickly than civil law. In contrast to this trend in the colonies, however, the common law system in England has remained essentially uncodified to the present day. This behaviour seems quite unusual for a country that was one of the first to develop the rule of law. There were many people in England, such as Jeremy Bentham, who believed that codification was necessary for the development and efficient administration of criminal law. However, due to the fact that the common law system was already deeply entrenched in England and the lawyers did not want to change it, the political situation at the time when the opinions of the lawyers could not be ignored due to the majority of lawyers in Parliament, and the sense of superiority that England could not have the same form of law as the colonies as a country ruling over the colonies, codification in the essential sense did not proceed. The criminal law, which was perceived as a universal law at the time, is now in a situation where crimes have diversified due to advances in technology and require active responses based on in-depth discussions, so it seems best to actively promote codification even now to proactively respond to the diversification of crimes.

Codification of medical device safety information is essential in promotion of medical device safety information reporting and in systemization of reported information. This research aims to suggest code system of medical device safety information applicable to Korea. Literature review was conducted on the globally used code systems, including GHTF, ISO code system, MedDRA, US FDA code system. The assessment showed that US FDA code system is the most suitable system for Korea in consideration of its stratified structure and its applicability in data analysis. The conclusion was confirmed by experts in medical device industry. The principal institute organized consultation meetings and a workshop to request for opinions of industry leaders. In combination of literature review and experts' opinion, the principal institute finally concluded that US FDA code system is the most suitable. Additionally, US FDA code system was translated to develop a Korean version of code system, and suggestions for revising current medical devices regulations were developed to implementation of this code system in this study.

‘법전화’의 좁은 의미 서사에서 벗어나면 인류 문명 전체가 공유하는 법률 편찬 전통을 반영한다. 청대의 법제 실천에 대해 말하자면 형사 법률의 법전화 정도는 임시적인 율례 편찬, 제도화 수례, 예문의 사법 창제 체제를 통해 점차 적으로 추진되었다. 동인의 서로 다른 유형을 기준으로 율례 법전화의 진행 과 정은 체계적인 가이드형 동인과 사건 가이드형 동인에 의해 공동으로 추진되 고 전자는 법의 확정성과 안정성을 강조하여 중앙 사법의 권위를 유지하고 법 관의 자유 재량을 제한한다. 후자는 법률의 실효성을 강조하고 율전의 사회적 적용 효력을 확보하며 민본주의적 배려를 나타낸다. 가치 차원에서 어떤 동인 유형이든 정치적 요소가 잠재적으로 작용하는데 법전화 정도의 단계적 향상은 사실상 정치 시스템이 가치 판단과 전략 선택을 한 결과이다.

When it breaks away from the narrow narrative of “codification”, it reflects the legal codification tradition shared by the whole human civilization. In terms of legal practice in the Qing Dynasty, the codification degree of criminal law was gradually promoted through temporary statute compilation, institutionalized amendment and the judicial creation mechanism. Taking the different types of motivation as the standard, the codification process of laws and regulations is jointly promoted by system-based motivation and case-based motivation. The former emphasizes the certainty and stability of law in order to maintain the central judicial authority and restrict the discretion of judges; The latter emphasizes the effectiveness of the law, ensures the effectiveness of the social application of the law, and highlights the humanistic care. At the value level, no matter what kind of motivation type, political factors have a potential role. In fact, the phased improvement of the codification degree is the result of the value judgment and strategy selection of the political system.

當脫離“法典化”的狹義敘事，其反映了人類文明整體所共有的法律編纂 傳統. 就清代的法制實踐而言，刑事法律的法典化程度通過臨時性律例編 纂、制度化修例、例文的司法創制機制逐步推進. 以動因的不同類型為標 準，律例法典化進程被體系導向型動因和案件導向型動因所共同推進， 前者強調法的確定性和穩定性，以維護中央司法權威，限制法官自由裁 量；後者強調法律的實效性，以保證律典的社會適用效力，彰顯了律典 的實用主義傾向和民本主義關懷. 在價值層面，無論是何種動因類型，政 治性因素都潛在地作用其中，法典化程度的階段性提升事實上是政治系 統進行價值判斷和策略選擇的結果.

‘법전화’의 좁은 의미 서사에서 벗어나면 인류 문명 전체가 공유하는 법률 편찬 전통을 반영한다. 청대의 법제 실천에 대해 말하자면 형사 법률의 법전화 정도는 임시적인 율례 편찬, 제도화 수례, 예문의 사법 창제 체제를 통해 점차 적으로 추진되었다. 동인의 서로 다른 유형을 기준으로 율례 법전화의 진행 과 정은 체계적인 가이드형 동인과 사건 가이드형 동인에 의해 공동으로 추진되 고 전자는 법의 확정성과 안정성을 강조하여 중앙 사법의 권위를 유지하고 법 관의 자유 재량을 제한한다. 후자는 법률의 실효성을 강조하고 율전의 사회적 적용 효력을 확보하며 민본주의적 배려를 나타낸다. 가치 차원에서 어떤 동인 유형이든 정치적 요소가 잠재적으로 작용하는데 법전화 정도의 단계적 향상은 사실상 정치 시스템이 가치 판단과 전략 선택을 한 결과이다.

When it breaks away from the narrow narrative of “codification”, it reflects the legal codification tradition shared by the whole human civilization. In terms of legal practice in the Qing Dynasty, the codification degree of criminal law was gradually promoted through temporary statute compilation, institutionalized amendment and the judicial creation mechanism. Taking the different types of motivation as the standard, the codification process of laws and regulations is jointly promoted by system-based motivation and case-based motivation. The former emphasizes the certainty and stability of law in order to maintain the central judicial authority and restrict the discretion of judges; The latter emphasizes the effectiveness of the law, ensures the effectiveness of the social application of the law, and highlights the humanistic care. At the value level, no matter what kind of motivation type, political factors have a potential role. In fact, the phased improvement of the codification degree is the result of the value judgment and strategy selection of the political system.

當脫離“法典化”的狹義敘事，其反映了人類文明整體所共有的法律編纂 傳統. 就清代的法制實踐而言，刑事法律的法典化程度通過臨時性律例編 纂、制度化修例、例文的司法創制機制逐步推進. 以動因的不同類型為標 準，律例法典化進程被體系導向型動因和案件導向型動因所共同推進， 前者強調法的確定性和穩定性，以維護中央司法權威，限制法官自由裁 量；後者強調法律的實效性，以保證律典的社會適用效力，彰顯了律典 的實用主義傾向和民本主義關懷. 在價值層面，無論是何種動因類型，政 治性因素都潛在地作用其中，法典化程度的階段性提升事實上是政治系 統進行價值判斷和策略選擇的結果.

지정학에서 신유물론, 포스트휴머니즘 논의의 부상은 그간 축소해왔던 물질과 환경의 역할을 다시 지정학 논의의 중심으로 가져올 것을 요구한다. 본 연구는 대북전단 살포과정에서 인간과 비인간이 만드는 지정학적 동학을 데린다의 아상블라주 개념으로 바라보고자 한다. 특히 데린다의 영역화와 코드화 개념을 통해 대북전단을 둘러싼 사건들이 창발적이고 불연속적으로 변화하는 과정으로 규정한다. 또한 지정학적 담론과 수행의 영역화와 코드화는 고정되어 있는 것이 아니라 서로 교차하면서 현실에서 탈영역화, 탈코드화되기도 한다. 이는 환경결정론으로의 회귀가 아닌 그동안 배경으로만 여겨지던 환경, 물질의 역할을 인간과 동등한 위치로 두는 시도이다. 주로 풍선에 담겨 바람을 통해 북한쪽으로 전달되던 대북전단은 인간이 만든 모빌리티 기술을 통해 전단 살포 영역이 확대되고, 대북전단 살포에 찬성하고 반대하는 단체들로 인해 그 의미가 변화해왔다. 즉, 기술, 자연, 주체의 아상블라주로서의 전단은 그 의미와 스케일이 창발적으로 변화해왔다.

The rise of neo-materialist and posthumanist discussions in geopolitics calls for bringing the role of material and the environment, which have been diminished, back to the center of geopolitical discussions. This study aims to examine the geopolitical dynamics of human and non-human actors in the process of leafleting to North Korea through Derrida’s concept of assemblage. In particular, through Derinda’s concepts of territorialization and codification, the events surrounding the leafleting to North Korea are defined as a process of generative and discontinuous change. Furthermore, the territorialization and codification of geopolitical discourse and practice are not fixed, but intersect with each other and are de-territorialized and decodified in reality. This is not a return to environmental determinism, but an attempt to put the role of the environment and materials, which have been considered only in the background, on an equal footing with humans. The leaflets to North Korea, which were mainly carried in balloons and delivered to North Korea through the wind, have changed in meaning due to the expansion of the leaflet distribution area through human-made mobility technology and the organizations that support and oppose the leaflet distribution. In other words, the leaflets as an assemblage of technology, nature, and subjects have creatively changed in meaning and scale.

This study examines Martyna Majok's Sanctuary City through the frameworks of geopathology and algorithmic governance, focusing on how post-9/11 immigration systems reshape subjectivity, space, affect, and gendered care. Drawing on Una Chaudhuri's concept of geopathology and Ruha Benjamin's notion of coded exposure, the study interprets citizenship as an algorithmic structure that produces legality and exclusion. Through close readings of liminal spaces such as the bare stage and the fire escape, the play presents sanctuary as a temporary and unstable space shaped by surveillance and administrative control. The analysis further argues that care and intimacy, particularly within marginalized immigrant lives, function as strategic survival mechanisms rather than purely ethical bonds. Finally, using the concept of apoptosis, the study demonstrates how immigrant exclusion operates through gradual and normalized forms of systemic elimination in post-9/11 America.

This study’s purpose is to find an agreement of two different views which are the policy that is focused on the preservation of cultural properties and the actual needs of residents who are living in the cultural properties. This agreement has premise of reanalyzing the true purpose of cultural properties and through this, we will be able to find the more rational way of preserving national properties. Cultural properties that are accupied with residents or utilized as few different ways are chosen to be the study sbjects. The reason that the resident properties are chosen is because that those are the cases of reflecting the needs of residents directly. To derive the true way of preserving cultural properties our study is based on the collection and analysis of the needs of owners, residents and managements of cultural properties which were done through site examination and interview, and understanding of the limitation of cultural property related administration. Developing the way to preserve the cultural residence properties more systemically and rationally will establish the important base of not only keeping them longer but also give a good opportunity to promote traditional housing, so we are hoping that this study can be one of the references of establishing a better way of preserving cultural resident properties.

What is the position of commercial law in the codification of civil law? This problem will be directly related to the success or failure of the codification, and even affect the process of China's rule of law and the development of China's market economy. The mode of civil legislation in mainland China is neither the separation of civil law and commercial law nor their unification, while in the codification of civil law, people insist on the pattern of their unification, chose the civil code under the pattern of civil and commercial separation as a model, which is a logical paradox. The legislation of civil code is not to increase the rules of commercial law, but to realize the systematization of civil law and commercial law according to the needs of commercial activities which is entirely due to the particularity of the rules of commercial law. The civil code should be open to adapt to the complex and changeable reality.

在民法典立法中，商事法律处于何种位置？这一问题解决的好坏将直接关系到民法典立法的成败，甚至影响中国法治进程、影响中国市场经济的发展。中国大陆民事立法模式既非民商分立也非民商合一，在民法典立法思路上坚持民商合一的模式，却选择民商分立模式下的民法典作为范本，在逻辑上存在悖论。民法典立法不是要适当增加商法规则，而是要根据商事活动的需要，实现民法与商法的体系化，这完全是因为商法规则的特殊性决定的。民法典应该具有开放性，以适应复杂多变的现实。

In the literature, various stochastic anomaly detection methods, such as limit checking and PCA-based approaches, have been applied to weld defect detection. However, it is still a challenge to identify meaningful defect patterns from very limited sensor signals of laser welding, characterized by intermittent, discontinuous, very short, and non-stationary random signals. In order to effectively analyze the physical characteristics of laser weld signals: plasma intensity, weld pool temperature, and back reflection, we first transform the raw data of laser weld signals into the form of event logs. This is done by multidimensional discretization and event-codification, after which the event logs are decoded to extract weld defect patterns by $Na{\ddot{i}}ve$ Bayes classifier. The performance of the proposed method is examined in comparison with the commercial solution of PRECITEC's LWM$^{TM}$ and the most recent PCA-based detection method. The results show higher performance of the proposed method in terms of sensitivity (1.00) and specificity (0.98).

In response to the duplication, conflict and value inconsistency among many environmental laws, China has initiated the compilation of an environmental code. The system of environmental laws is a field-specific legal system with administrative legal norms being the main part. Its codification requires considering the characteristics and deficiencies of the codification of administrative and field-specific laws, making reasonable choices in terms of two important aspects: mode and structure. The codification of China’s environmental laws should adopt a substantively compiled, open, and moderate mode. Environmental code is not only a simple summary of the relevant environmental legal norms, but also the integration of the system to achieve the coherence of values. In the source of law, the double source structure is adopted, that is, while compiling the environmental law code, some environmental laws are retained, and the openness of the code is maintained by establishing the connection between the code and the single law. In terms of structure, the Pandekten mode of civil code should not be mechanically applied. Instead, it should adopt a Dualistic-Structure Mode of General and Specific Provisions, in which general provisions take the dominant position. This means enhancing the function of the general provisions in systematizing environmental legal norms, thereby integrating the provisions of individual Parts. There is no need to set general rules for each individual Parts.

This article provides a systematic introduction to and an in-depth analysis of the draft of the “Act on Application of Laws in Civil Matters involving Foreign Elements” (the Draft) which represents the latest efforts of Chinese scholars for codification of Chinese Conflicts Law and serves as a blueprint for the National People’s Congress to enact China’s first conflicts code. Part one of the article provides an overview of the status quo of Chinese private international law from the perspective of legislation, judicial practice and theory. Part two introduces the background and major features of the Draft. Part Three provides a comprehensive exegesis of the important issues of the Draft, and puts forward corresponding suggestions. In Part four, the article concludes that the Draft is, symbolically, a major achievement made by Chinese scholars, but still requires further improvement and modification.

The path of codification initiated by China’s Civil Code provides an important reference and guidance for the codification of labor code, and the completeness of Korea’s labor code system also provides a certain reference for the codification of China’s labor code. Taking the process and conditions of codification of China’s Civil Code as a reference, China’s labor code has the necessary normative conditions, legislative basis and theoretical basis for codification, and labor code, like civil law, is related to the interests of each and every worker, so it is necessary and feasible to formulate a labor code. Under the policy of ruling the country according to law, adhering to the leadership of the Communist Party of China, and taking the current legislative status of the existing labor code as the starting point for improving the theoretical and legislative system of the labor code, we can refer to the experience of compiling the Civil Code of China and the labor code system of South Korea, and actively explore the path suitable for the codification of China’s labor code.

William Hatchett’s The Fall of Mortimer, An Historical Play has long been interpreted as a satire of England’s first Prime Minister, Sir Robert Walpole, and his corrupt government. In adapting Bancroft’s 1696 play King Edward the Third, with the Fall of Mortimer Earl of March, An Historical Play, however, Hatchett proves just as interested in criticizing the character of Isabella, a stand-in for Queen Caroline, the wife of George II. Although Hatchett takes his storylines and much of his wording directly from Bancroft’s play, his alterations in the play render Isabella monstrous. Hatchett furthers his criticism of Caroline by contrasting the monstrous Isabella with Maria, an ideal female character who consistently acts to preserve the glory of patriarchy. Hatchett’s paradoxical use of Isabella?he downplays her role in the play’s events even as he positions her as the central target of his criticism?demonstrates Hatchett’s dislike and distrust for Caroline’s central role in George II’s government. Here, Hatchett breaks with much of the contemporaneous criticism of George II’s court, which largely ignored Caroline as it sought to condemn Walpole and the King. Hatchett’s Isabella thus serves not only as a scapegoat for Walpole’s governmental failure, but also as a target for Hatchett’s intense misogyny.

The Civil Code of Korea (hereafter “Civil Code” or “Code”) came into effect as of January 1, 1960. It would be meaningful to review changes taken place in a certain area of civil law since the codification. I would confine the scope of discussion to security rights law, especially, keun-mortgage and the Act on Security over Movable Property, Claims, etc. and the changes taken place in that area of the law since the codification of the Civil Code. I would like to explain how security rights law impacted the transactions system in Korea and how that, in turn, prompted the amendment of the Civil Code and the enactment of a number of special acts. The security rights law is basically modeled after the European civil codes, but it has diverged from its model and undergone some changes. Such changes have been achieved sometimes through the development of case law or legal theories, and other times by the enactment of new acts. The Act on Security over Movable Property, Claims, etc. has incorporated some elements of the American legal system, thereby attaching a new meaning and perspective to our history of reception of foreign legal systems.

This paper is to examine Zhouli(周禮, national rituals) ideology indicated on codification and corpus juris of Jeong Dojeon in early Joseon. Jeong Dojeon is the most prominent founding contributor of Joseon Dynasty and he established the foundation of 500-year-long Joseon period. Not only the ideology of Joseon foundation but the bureaucracy was formed completely with his own hands. He wrote 『Joseongyeonggukjeon』 in order to establish Joseon’s ruling organization to be served as norms for eternity and rendered it to King in 1394(the 3rd year of King Taejo). As everyone knows, Gyeongjeyukjeon system regards 『Zhouli』 of six categories with Heaven·Earth·Spring·Summer· Fall·Winter as the ideal national rituals, which is a classification scheme that forms the backbone of pre-modern Chinese governance and corpus juris. It had significant impact on administration and political systems of all time. The notion of unity between nature and human that tried to realize the natural order of Heaven· arth·pring·Summer·Fall·Winter in 『Zhouli』; benevolent governance theory with the property of benevolence(仁); governor politics theory that stressed publicness of politics and; Gyeongjeyukjeon system are all reflection of 『Zhouli』 ideology. However, 『Joseongyeonggukjeon』 is not a thorough version of corpus juris but a guideline that suggests ideology and future direction of Joseon law, which later served as a guide for publishing 『Gyeongjeyukjeon(經濟六典)』 and 『Gyeonggukdaejeon(經國大典)』.

In this article, the author deals with the issue of how to introduce detailed rules on international adjudicatory jurisdiction in the Private International Law Act (PILA) of Korea. More concretely, the guidelines for the rules on international adjudicatory jurisdiction (Chapter Ⅱ), the structure of the rules on international adjudicatory jurisdiction (Chapter Ⅲ) and the concrete contents of the rules on international adjudicatory jurisdiction (Chapter Ⅳ) are discussed in detail. In this regard, reference is also made to the relevant provisions of the recently amended Civil Procedure Act and the Civil Provisional Remedies Act of Japan which have taken effect on April 1, 2012. Unlike Japan which has introduced those provisions in the Civil Procedure Act and the Civil Provisional Remedies Act, in Korea detailed rules on international adjudicatory jurisdiction will be inserted in the PILA of Korea. The most important issues of legislation are the concrete contents of the rules on international adjudicatory jurisdiction. There may be disputes as to whether it is the right time to introduce by legislation the rules on international adjudicatory jurisdiction. But this article is based upon the assumption that the time for such legislation has come. The author suggests introducing “the complete rules on international adjudicatory jurisdiction” and “the incomplete rules on international adjudicatory jurisdiction” in the PILA of Korea. The rules on international adjudicatory jurisdiction which are widely accepted in various countries and therefore regarded as “the complete rules on international adjudicatory jurisdiction” could be inserted in the PIL Act without hesitation. When Korea's jurisdiction is based upon “the complete rules on international adjudicatory jurisdiction”, Korea will have international adjudicatory jurisdiction without difficulty. On the other hand some rules on international adjudicatory jurisdiction that are not so widely accepted and therefore regarded as “the incomplete rules on international adjudicatory jurisdiction” could also be inserted in the PIL Act. However, when Korea's jurisdiction is based upon “the incomplete rules on international adjudicatory jurisdiction”, Korea could have international adjudicatory jurisdiction only if Korean judges find that Korea's assertion of jurisdiction in a concrete case is consistent with the general principles of allocation of international adjudicatory jurisdiction set forth in Article 2 of the current PIL Act. The examples of such incomplete rules on international adjudicatory jurisdiction are rules on jurisdiction based upon activities of the defendant, jurisdiction for multiple defendants, jurisdiction for multiple claims,jurisdiction for contracts (other than sales contract and contract for provision of services). However, the scope of the incomplete rules on international adjudicatory jurisdiction should be limited as much as possible.

18세기에 이르러 프랑스는 영국 및 스페인과의 해외 식민지 경쟁 차원에서 북미 미시시피강 하구에 루이지애나 식민지를 건설하였고 이는 캐나다 지역에 있던 기존의 프랑스 식민지 지역과 연결되어 미시시피강을 중심으로 거대한 루이지애나 식민지가 만들어지게 되었다. 루이지애나는 스페인을 거쳐 미국에 양도되었지만, 루이지애나 주민들은 프랑스 법에 대해 깊은 애착을 가졌기 때문에 영미법의 도입은 좌절되고 프랑스 민법을 계수하여 루이지애나 고유의 민법전을 제정하게 되었다. 1808년 민법전 제정 당시에는 영어본과 프랑스어본이 함께 채택되었으나, 1870년 개정 시에는 영어본 만을 채택하였고 20세기에 이르러서는 영미법에 기초한 규정들이 다수 민법전에 들어오게 되었다. 오늘날 루이지애나의 대륙법체계의 민법전은 영미법의 영향을 강하게 받는 가운데에서도 대륙법체계를 굳건히 고수하고 있으며, 개별 법률문제에 대하여 프랑스 민법과 영미법 각자의 장점을 비교법적 연구를 통해 민법전에 반영하고 있다. 이를 참조하면 우리도 프랑스 민법이나 영미법에 대한 비교법적 연구를 할 때 중요한 영감을 얻을 수 있을 것이다.

In 18th century, French government established its settlements called Louisiana in the mouth of Mississippi river and Gulf Coast to compete with Great Britain and Spain to acquire more international colonies. They were expanded into the whole Mississippi river and connected with the french colonies in Canada. Louisiana thrived through the vivid transactions with Native Americans and people of Spain and Great Britain in America. Even though Louisiana was ceded first to Spain and then to United States, her residents defendedcivil law system stubbornly. After some turbulences, civil law was codified, as they wished, in 1808 under the influences of Code Napoleon. As Louisiana was surrounded with common law states and the population of Creoles, native-born French speakers, decreased, common law began to permeate into Louisiana civil code, especially in the field of torts, because common law torts has more specific regulations than civil law torts. As a result, Louisiana is now a model of mixed jurisdiction of civil and common law. Louisiana civil code provides us a nice comparative law perspective, because common law and civil law lawyers try to find more reasonable solutions for legal issues in Louisiana, which causes continual innovative revisions of Louisiana civil code. The evolution of Louisiana civil law under the influences of common law can give us precious insights for the development of Korean civil law.

The Korean Commercial Code was enacted in 1962. Since then it has been amended several times and now the government has introduced amendment bills for companies, insurance and air transportation area. Moreover, the separation of commercial laws comes up for discussion. The world has been globalized and the business environments change rapidly. In order to enhance the Korean businesses' competitiveness in the globalized environment, Korea need to provide efficient and competitive legal systems for them. The UK has very complicated commercial law system. For regulating commercial law area, UK enacted several important legislations including Sale of Goods Act, Supply of Goods and Services Act, Companies Act, Marine Insurance Act, Life Assurance Act, and Carriage of Goods by Sea Act. This article discusses the details of the legislative histories of UK acts on commercial areas. The structures and contents of each act are analyzed in order to learn lessons from them. In conclusion, this article argues that Korea need to consider the split of the Korean Commercial Code. From the UK case, there is no definite legal theory that supports the integration of commercial law. Therefore, if the separation provides more efficient and more user-friendly legal system, the Korean Commercial Code can be separated into five areas: Companies Act, Insurance Act, Marine Act, Transportation Act, and Act on general provisions and commercial transactions.