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2015, Vol.3, No.1

  • 1.

    Development of Cultural Heritage Administration Systems under the Current Cultural Heritage Protection Act

    lee jae sam | 2015, 3(1) | pp.7~39 | number of Cited : 5
    Abstract
    As cultural heritage has great historical, artistic, academic, and landscaping values as national heritage, its preservation, management, and use basically requires safe maintenance of its original form. Realistically, however, there are various problems with the cultural heritage administration systems. First, there is the issue of cultural heritage preservation/ management policies. There have been many problems with the government’s cultural heritage policies and administration due to passive attitude and lack of consistency. Second, there are problems with the cultural heritage protection plan. In other words, there have been social conflicts as cultural heritage planning takes much time, labor, and cost or ignores the input of citizens. Also, there are too many cultural heritage restriction plans. Third, there have been problems with the limitation of public property rights and compensations in regards to the designation of cultural heritage. Fourth, there is the issue of cultural heritage committee. The issue of irrationality and lack of professionalism has been pointed out with the organization and roles of cultural heritage committee. Fifth, there is the issue of functions and supervision that do not correspond to the objectives of the Cultural Heritage Foundation. This study suggests the following solutions for the aforementioned problems: first, it is necessary to enact laws and regulations to secure the budget for the preservation/management of cultural heritage, increase manpower, and ensure site-based cultural heritage administration. Second, reasonable cultural heritage administration is required with preliminary planning for cultural heritage administration and active public participation in execution or evaluation. Third, it is necessary to alleviate the various restrictions that apply to cultural heritage for the preservation/management of cultural heritage and provide sufficient compensations and fair rescue for the losses of the public whose property rights have been invaded. Fourth, Cultural Heritage Committee should guarantee professionalism for reasonable decision-making in regards to cultural heritage. Fifth, the Cultural Heritage Foundation should ensure active preservation/management of cultural heritage and financial support along with the administrative office’s support and supervision.
  • 2.

    A Study on the Legal Issues Related to Gratuitous Contribution and Gratuitous Donation of Urban Infrastructure in the Urban Renewal Projects

    Han Sang Hoon | 2015, 3(1) | pp.41~75 | number of Cited : 2
    Abstract
    In order to revitalize the deteriorated urban functions most cities of our nation have promoted various types of urban renewal projects such as housing reconstruction, urban redevelopment, and newtown projects along with the legislation of urban regeneration laws. However, these laws have performed very limited role in the promotion of the deteriorated urban functions because of the problems caused by the unsystematic relations between the urban regeneration laws. Therefore, to accomplish the effective and efficient promotion of urban renewal projects it needs to have organic system between the urban renewal projects and urban regeneration laws in terms of the contents of the projects, the scope of spatial boundaries, and the implementation method of the projects. Finally, this study shows that preparing clear definition of urban infrastructure, which could be used as standard for a proper interpretation of the law, is essential for the formation of the organic system in urban regeneration laws.
  • 3.

    A problem of the Japanese adult guardian system in aspect of Convention on the Rights of persons with disabilities

    Oh, Ho-Cheol | 2015, 3(1) | pp.77~94 | number of Cited : 1
    Abstract
    The population ratio of aged 65 and over in the total population of Japan was 24.2% on 2012, according to the definition of UN, Japan is getting into super-aged society. The aging percentage of Japan has been increasing continually, so it will be 29.1% on 2020, 31.6% on 2030, 36.1% on 2040, 38.8% on 2050 and 39.9% on 2060. Such aging of society is not only problem for Japan but also Taiwan and China including Korea in East Asia. Therefore, Japan, Taiwan and China including Korea in East Asia is improving law for aging society. One of them is that they are executing the adult guardian system or preparing to make a law for executing the adult guardian system. Recently, Japan has ratified UN Convention on the Rights of persons with Disabilities, so they are discussion for designing the suitability between Convention on the Rights of persons with Disabilities and the Japanese adult guardian system. Especially, the regulation of Article 12 on Convention of the Rights of persons with Disabilities is taking the lead in revision discussion of the Japanese adult guardian system. Then, this article reviewed the implications of the Korean adult guardian system, while examining suitability between the adult guardian system and convention on the rights of person with disabilities in Japan
  • 4.

    Housing Lease Protection Act, tenants on the legal Study on the Protection System

    신세덕 | 2015, 3(1) | pp.95~112 | number of Cited : 5
    Abstract
    Housing Lease Protection Act was first established in 1981 to protect tenants of an economically weak party, and until recently, some revisions have been made on several occasions. Housing Lease Protection Act are tenants in civil law protection of the defects in our special law which was enacted to compensate. But society is constantly changing environment and institutions was insufficient to protection of tenants in a society which makes a change happening and lease system in order to destabilize Housing Lease Protection Act, the government is also necessary. So in the Housing Lease Protection Act allows the renter protection of leasehold of a house of an opposing power, right to preferential payment of examining the contents of each system, including the right to the contents of a tenant at an auction, Ways to improve one's faults and proper. First, Home Improvement of each system of India and the twin requirements of resident registration data are provided even if the tenant doesn't come into force of the economic power against ‘Immediately’ Socially damaged ‘The next day,’ Area in the Sections above, because reality is that I have a lot to be made if the regulation would be, shall be deleted. Second, the Commercial Building Lease Protection Law it is stipulated in the contract renewal with the Housing Lease Protection Act to bring to the claim for a revision of the lessor of property rights of the reasons, Has been on hold. This contract renewal with the requests to the need to introduce residential centuries about the case for legal guarantees of rights of property rights, and Stability and continuity in terms of their bill by an urgent investigation To actively reflect the amendments should help ensure. Third, the number of tenants of countervailing advantages of the junior tenants without the move-in year and was equipped with a fixed date Even if you don't apply for the request for distribution terms of dividends as he applied for recognition should be. The current tone of the market have risen more than deposit base and the resulting in a residential type of change at the time of your risk of developing many problems, which I think we have been exposed to. Therefore, the tenant lease deposit and stable housing to ensure the restitution of its aforementioned problems they've improved and the Housing Lease Protection Act would soon recover Reliably expect to be established.
  • 5.

    A Study on the Governmental Legislation Way of the Shops Key Money

    won, sang-chul | 2015, 3(1) | pp.113~134 | number of Cited : 9
    Abstract
    The shops lease occurs a key money problem unlike the housing lease. The problem that is given and taken the key money, is an important factor of shops lease in the formation. These days, The guaranteed of the key money, in addition to security deposit, is set to be a problem with regard to shops lease. After paying a large amount of key money, It is a serious problem to do not return this. So the government has introduced a protective measure in order to solve this problem in the blind spot of the law. Because there is no direct regulations on current law, It is difficult for lessee to recover the shops key money. Therefore the government had presented the improvement of shops lease program; a guaranteed of lease period for five-year, cooperation obligations on the key money recovery of lessor, the lessor's damages if you disturb the key money recovery etc. However, Because the government's improvement is insufficient to protect the shops key money, This is necessary to provide for improving plan. The government’s amendments is to process through the Shops Building Lease Protection Act, but there is a need to strengthen the lessee's shops key money by Revising the Civil Law.
  • 6.

    Study on the trends of the supreme court cases regarding Key issues of the Trade secret

    Lee, Kyung-Min | 2015, 3(1) | pp.135~155 | number of Cited : 5
    Abstract
    Enterprise is committed to producing as investing massive time and efforts to strengthen the competitiveness in market. Through such producing and consuming procedures, it comes to have the secrets in sales including the know-how for sales, which is kept by own enterprise. As the trade secret is the independent economic value while not known generally, it means the producing methods, selling methods and the information in technology or management, which is useful for other business activities, which have been maintained as secret through considerable efforts. Considering the situation of modern market with more of complicatedness, such trade secret should be protected more seriously in the dimension of technology competitiveness protection and national competitiveness strengthening. Since the leakage of enterprise’s secret in producing activities or new technology hinders even the industrial development of country, it is important for the country to make the best effort to trigger the sound competition and activate the enterprise’ investment activity. This is the reason why it is more and more emphasized in the global market economy system. The trade secret which is not disclosed as differently from patent is the information protection system of enterprise, which is preferred by modern enterprises. As per the trade secrets, there have been continuous issues occurred, such as the confidentiality of trade secrets which are protected as the trade secrets, the dispute following the labor’s movement to competitor after scout or retirement and the protection period of trade secret. Related to those, this paper examines this issue around domestic precedent trend
  • 7.

    A Study on Criteria for Child Pornography in Accordance with Children and Youth Sex Protection Law

    Kwon Yangsub | 2015, 3(1) | pp.157~180 | number of Cited : 1
    Abstract
    The need for cracking down child pornography is very high in that the distribution of child pornography may lead to child sex offenses. Also, the investigation of child pornography is significant judging by our legal system treating child pornography as a serious crime. However, the interpretation of provisions of Children and Youth Sex Protection Law which prescribe the child pornography is controversial. This paper examined the criteria for child pornography pursuant to Children and Youth Sex Protection Law on the basis of comparative law with legislation cases of foreign countries. Furthermore, more objective criteria were presented through precedents. To be regarded as child pornography, the main contents of images should express the sexual act etc. of children and adolescents. Also, several information given about appearance and physical growth conditions of characters, source or production details of images, identity of characters should be comprehensively considered. It should be the case recognized as children and adolescents apparently without doubt when judged objectively from the perspective of ordinary people. An image should not be regarded as child pornography for a reason that characters look somewhat difficult.
  • 8.

    The fundamental problem with the normal wage recent issues of judgment and future challenge

    Jaeguck Kim | 정문성 | 2015, 3(1) | pp.181~202 | number of Cited : 0
    Abstract
    Ordinary wage system has long been problems and solutions have been discussed being discussed and scientists and government efforts to improve a lot at a wage system. Korea is complex and unclear issues that arise because of the wage structure but full text of position changes and the administration created confusion and much more is different from the analysis of interpretation. Discussion has been given the attention it for a normal wage was climbing out from the Supreme Court. In particular, this dialogue will became known as GM division president at the American tour of President Geun-Hye Park was received significant attention. In this paper, we first examine the meaning and scope of the normal wage discussed the fundamental problems, issues and future challenges of the recent decision of the normal wage and the normal wage, and party concluded by the end of the review summarizes content.
  • 9.

    Regulation against Peace Breaking Behaviors within the Court Room and Court House focusing on the Contempt of Court

    Jongho Kim | 2015, 3(1) | pp.203~240 | number of Cited : 1
    Abstract
    Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Contempt of court is essentially seen as a form of disturbance that may impede the functionality of the court. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon his agreement to fulfill the wishes of the court. A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. The contempt of court may classified as different standards. (i) Criminal contempt includes anything that could be called a disturbance such as repeatedly talking out of turn, bringing forth previously banned evidence, or harassment of any other party in the courtroom. (ii) Civil contempt can involve acts of omission. The judge will make use of warnings in most situations that may lead to a person being charged with contempt. It is relatively rare that a person is charged for contempt without first receiving at least one warning from the judge. (iii) Constructive contempt, also called consequential contempt is when a person fails to fulfill the will of the court as it applies to outside obligations of the person. In most cases, constructive contempt is considered to be in the realm of civil contempt because of its passive nature. (iv) Direct contempt is an unacceptable act in the presence of the judge (in facie curiae), and generally begins with a warning, and may be accompanied by an immediate imposition of punishment. (v) Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he or she will be punished. In civil cases involving disputes between private citizens, the behavior resulting in the ruling is often directed at one of the parties involved rather than at the court directly. A person found in contempt of court is called a “contemnor.”To prove contempt, the prosecutor or complainant must prove the four elements of contempt: (i) Existence of a lawful order, (ii) The potential contemnor's knowledge of the order, (iii) The potential contemnor's ability to comply, (iv) The potential contemnor's failure to comply. Ringtone or yawning in some cases can be considered contempt of court. The contempt of court has a significant impact on journalism in the form of restrictions on court reporting which are set out in statute in the UK and U.S. In Korea, a peace in the court room and court house is broke very often by the person who has case or petition. However, the Korean court and judges have been reluctant to apply contempt of court because no statute prepared so far. Therefore, this works argued whether Korean judicial government may adopt contempt of court as a protection scheme for the court house as well as court room and judges. Hopefully, follow-up study in favorable opinion should be add on my argument.