• Proceedings of the Korean Society of Computer Information Conference
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• 2013.07a
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• pp.181-184
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• 2013

우리 민법에 상속인이 민법 제1019조 제1항의 기간 내에 한정승인 또는 포기를 하지 아니한 때에는 단순승인을 한 것으로 본다고 하여 그동안 상속인들에게 지나치게 불리하다는 비판을 받아왔던 규정이 1998년 8월 27일 선고된 헌법재판소 결정(96헌가 22 등)에 의하여 헌법불합치결정을 받았다. 이에 따라 2002년 1월 14일 법률 제6591호로 공포 시행된 개정민법 제1019조 제3항으로 "민법 제1019조 제1항의 규정에 불구하고 상속인은 상속채무가 상속재산을 초과하는 사실을 중대한 과실 없이 제1항의 기간 내에 알지 못하고 단순승인을 한 경우에는 그 사실을 안 날부터 3월내에 한정승인을 할 수 있다."는 규정이 신설되었다. 그러나 민법 제1019조 제3항은 상속인들에게 구제의 길이 열리기는 하였으나 상속인의 보호가 제한적이고 상속인에게 한정승인만을 허용하고 상속포기의 선택을 제한하여 상속인의 승인 포기의 선택권행사에 문제가 있다고 본다. 따라서 이 논문에서는 상속의 승인과 포기에 관한 문제점을 검토해보고 상속인과 이해당사자들 간 모두에게 불리함이 없이 가장 공평하고 합리적인 개선방안을 제시하고자 한다.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.89-115
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• 2022

In this article, the Medical Act, the Emergency Medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes were reviewed and interpreted based on the Civil Act. In the health and medical field, there are various laws that reflect changes in the medical field due to the development of health and medical technology, and their revision is very frequent. And the legislation has become very complicated. They contradict each other or require interpretation. In this situation, a person must take considerable care not to violate the law. In many cases, specific guidelines or authoritative interpretation are required to apply the law. Even guidelines and authoritative interpretations often conflict with civil law. In this article, errors in the legal text related to health care were found. In addition, it found a case that contradicts the civil law perspective in interpretation. Thus, it was confirmed that civil legal thinking was necessary to legislate, interpret, and apply health care-related laws.

• The Korea Swine Journal
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• v.12 no.3 s.127
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• pp.60-62
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• 1990

부동산은 반드시 등기를 해야 권리권자의 변동이 확정되고 (민법 제186조), 동산은 넘겨주고 받는 것으로 권리관계의 변동이 확정된다 (민법 제188조)는 것이다. 등기제도란 수많은 사람들 사이에 이루어지는 부동산 거래의 안정을 보장해 주기 위하여 부동산에 관한 권리관계를 모든 사람에게 알려주는 제도이다. 따라서 공신력과 강제력을 가져야 하기 때문에, 국가에서 등기부를 만들어 등기공무원만이 등기관련 사무를 다루도록 되어있다. 등기부는 누구나 볼 수 있고 등본을 교부받을 수 있다.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.75-102
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• 2022

In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

• Product Safety
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• s.101
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• pp.52-53
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• 2002

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• Product Safety
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• no.2 s.146
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• pp.44-47
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• 2006

• The Monthly Technology and Standards
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• s.63
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• pp.67-70
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• 2007

• Product Safety
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• s.122
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• pp.40-43
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• 2004

• Korean Journal of Construction Engineering and Management
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• v.2 no.4 s.8
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• pp.69-79
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• 2001

Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.