• Journal of Legislation Research
• /
• no.54
• /
• pp.217-259
• /
• 2018

The Trust Act, which was first enacted back in 1961, was fully revised on 25. July 2011 and enacted on 26. July 2012. The Act is a fundamental norm governing trust relation, so the revision was expected to play an important role to promote trust institutions. However many problems were also revealed after the enactment. The Act has already inherent limitations because the previous discussions were not enough and the amendment process was not meticulously reviewed. Now it is needed to consider the comprehensive amendment of the Act reflecting detailed legal doctrines developed hitherto by the courts and the legal academia. This paper aims to call for the revision of the Act and to propose the ways and the grounds for revision. The purpose of the revision is to rectify obvious errors on several provisions, to minimize legal uncertainty by presenting detailed rules on many issues, to enhance the coherence and consistency between the rules along with supplementing the relevant laws, and to strike a proper balance between the parties.

• Proceedings of the Korean Society of Computer Information Conference
• /
• 2021.07a
• /
• pp.417-419
• /
• 2021

명의신탁이란 신탁자와 수탁자 간의 대내적 관계에서는 신탁자가 부동산소유권을 보유하고 신탁목적물이 부동산을 관리하고 수익 및 처분하면서 등기의 공부상 소유명의만을 수탁자로 하여 두는 제도로서 구법시대 부터 판례에 의하여 인정되어왔다. 부동산소유권과 그 밖의 물권을 실체적 권리관계에 부합하도록 실권리자 명의로 등기함으로써 부동산등기제도를 남용한 불법행위 등 반사회적 행위를 예방하고 부동산 거래의 안정화를 도모하여 국민경제의 건전한 성장에 기여함을 목적으로 1995년 제정된 부동산실명법에 의하여 원칙적으로 명의신탁이 금지될 뿐만 아니라 엄격하게 해석되어야 함에 불구하고 아직도 명의신탁은 척결되지 않고 있는 것이 사실이다. 특히 명의신탁에 있어서 부동산실명법에 의거 명의신탁약정이 무효가 된 경우에 명의신탁 대상의 부동산소유권이 누구에게 귀속되는가 등 여러 가지 문제점이 대두되고 있다. 따라서 명의신탁은 계약자유의 원칙이 지배하는 현시점에서 법률행위 논리가 반영되어야 할 것으로 본다.

• Proceedings of the Korean Society of Computer Information Conference
• /
• 2016.07a
• /
• pp.141-143
• /
• 2016

2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

• Journal of Intelligence and Information Systems
• /
• v.28 no.1
• /
• pp.29-43
• /
• 2022

With the advent of the Internet and the development of mobile digital devices such as smartphones and tablet PCs, the communication service paradigm began to shift from existing voice services to data services. Recently, as social network services (SNS) are activated and 4th industrial revolution technologies centered on ICT (Information and Communication Technologies) such as Big Data, Blockchain, Cloud, and 5G/6G are rapidly developed, the amount of shared data type and the amount of data are increasing rapidly. As the transition to a digital society begins actively, the importance of using data information, as well as the economic and social values of personal information are becoming increasingly important. As a result, they are actively discussing policies to revitalize the data information industry around the world and ways to efficiently obtain, analyze, and utilize increasingly diverse and vast data, as well as to protect/guarantee the rights of information subjects (providers) in various fields such as society, culture, economy, and politics.. In this paper, in order to improve the self-determination right of personal information on data produced by information subjects, and further expand the use of safe data and the data economy, a differentiated data trusts system was considered and suggested. In addition, the components and data trusts procedures necessary to efficiently operate the data trusts system in Korea were considered, and the non-profit data trusts system and the for-profit data trusts system were considered as a way to flexibly operate the data trusts system. Furthermore, the legal items necessary for the implementation of the data trusts system were investigated and considered. In this paper, in order to propose a domestic data trusts system, cases related to existing data trusts systems such as the United States, Japan, and Korea were reviewed and analyzed. In addition, in order to prepare legislation necessary for the data trusts system, data-related laws in major countries and domestic legal and policy trends were reviewed to study the rights that conflict or overlap with existing laws, and differences were investigated and considered. The Data trusts system proposed in this paper is a reasonable system that is expected to recognize the asset value of data in the capitalist market economy system, to provide legitimate compensation for data produced by data subjects, and further to contribute greatly to the use of safe data and creation of a new service market.

• Journal of Venture Innovation
• /
• v.6 no.3
• /
• pp.241-263
• /
• 2023

Recently, the aging of SME managers has emerged as a major issue in business succession. The smooth succession of small and medium-sized enterprises (SMEs), which are the industrial base of Korea, is becoming an important issue for enhancing the vitality of the national economy, such as job creation, beyond mere discussion of inheritance. At this point, this study conducted an empirical analysis on the factors affecting corporate succession intention. As independent variables, corporate Capability consisting of employee competency, marketing competency, and digital competency, human factors such as managers, successors, and third-party stakeholders, and institutional factors such as legislation, taxation, and trust were set. In addition, the effect of adjusting the sales scale was verified. To this end, a survey was conducted targeting representatives who are currently running small and medium-sized enterprises (SMEs). The total number of valid questionnaires was 315. Based on this, an empirical analysis was conducted using the hierarchical regression method. The results of the empirical analysis are as follows. First, marketing competency and digital competency, managerial competency and successor competency, taxation and trust had a significant positive (+) effect on corporate succession intention. However, a significant influence relationship between the third stakeholder, employee competency, and corporate succession intention was not tested. Among the factors that have a significant impact, the size of the influence was in the order of taxation, successor competency, executive competency, trust, marketing competency, and digital competency. Second, the size of sales was found to moderate the relationship between the variables that had a significant effect on corporate succession intention, that is, management competency, successor competency, marketing competency, digital competency, taxation and trust, and corporate succession intention. Based on these research results, academic, practical, and institutional implications for smooth business succession are presented.

• Journal of Venture Innovation
• /
• v.6 no.1
• /
• pp.139-159
• /
• 2023

As the founders of small and medium-sized businesses age, the issue of business succession becomes increasingly important. In this study, we empirically analyzed the impact of various human and institutional factors on corporate succession intentions, including the CEO's competency, the successor's competency, third-party stakeholders, and institutional factors such as legislation, taxation, and trust. We surveyed CEOs who were currently running small and medium-sized enterprises (SMEs), and received a total of 201 valid questionnaires. We then conducted an empirical analysis using the multiple regression analysis method. Our results showed that both the CEO's competency and the successor's competency, which are human factors, had a significant positive impact on corporate succession intention. Institutional factors such as taxation and trust also had a significant positive impact on corporate succession intention. However, third-party stakeholders and legislation did not have a significant effect on corporate succession intention. Among the factors that had a significant impact, the size of the influence was in the order of successor's competency, CEO's competency, taxation, and trust. These research results have both academic and practical implications. By going beyond existing studies that focus solely on human factors, we have revealed that institutional factors such as taxation and trust have a very important impact on corporate succession.

• Korean Architects
• /
• s.601
• /
• pp.118-125
• /
• 2019

• Korean Architects
• /
• s.627
• /
• pp.126-135
• /
• 2021

• Digital Contents
• /
• no.1 s.80
• /
• pp.2-7
• /
• 2000

멀티미디어 콘텐트를 제작하기 위하여 기존 저작물을 이용하고자 할 경우 '저작권 정보'가 기본적으로 요구된다. 해당 저작물과 저작에 대한 정보. 그리고 권리 정보를 얻기 위해서 현재에는 과도한 시간과 비용을 낭비하고 있다. 이런 불편을 해결해 주는 것이 저작권 집중관리 제도이다. 이 제도는 다수의 저작자로부터 권리를 신탁받은 단체가 위탁자의 이익을 위하여 그 권리를 통합적으로 관리하는 것을 말한다.

• Journal of the Korean Society for Library and Information Science
• /
• v.50 no.4
• /
• pp.333-350
• /
• 2016

Article 50 and article 18 related to orphan works in the Copyright Act of Korea and Enforcement Decree of the Copyright Act of Korea define 'considerable efforts' to locate copyright owners. This study analyzed the reasonableness of the efforts for mass digitization in libraries. The findings of the study were the duplication of searches on the 'Finding Copyright' website and the inquire to copyright trust management organizations by document, ambiguity of search criteria through information networks, and problems due to non-use of international standard identifiers in managing works on copyright register, works with undistributed compensation, and copyright trust management organizations. This study suggests that copyright trust management organizations should register trust works, the government should develop a guideline for detail guidance for searching information networks, and copyright works should be managed using international standard identifiers.