• 건축역사연구
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• 제1권1호
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• pp.68-87
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• 1992

This study is the conditions of location according to formed the times in the clan village. The results of this study are as follows ; 1. in the 15th century, the characterestics of the village established residencial place where mountain stream flowed surrounded by the mountain and deep in the mountains with superior quality land. That's because Sa-dae-bu put equal importance on beautiful scenery and practical benefit for living. Stream House provided economical foundation for Sa-dae-bu to be able to keep confucial manners by putting limit their economic status to small medium sized land owner. Topographical condition such as valley or hollow separated from the exterior maintained unification of consanguineous village in self sufficient farming society and held on to independent territory against external to be able to stay away from turbulent days so that they formed residential area of Sa-dae-bu clan. And the valley where flowed clean water was considered as the connection of continuous place where distinctiveness of form in each curve and and factor of calm and dynamic scenery of the clean stream. Scholars in the middle of Chosun Dynasty located in the utopia as place for confucious retirement to study, a place for refinement by combination with the nature or as a way of spacial practice based on Confucious view of nature. 2. in the 16th-l7th century, Most of existing consanguineous villages adopt deep in the mountains for refuge. at that place, upward rank was established by settlement of the ancestor who entered in the village first, the principal was placed in the center of the village and since descendants became numerous, it was serialized as the space of descendants. So, it was arranged in the order of social rank. Most of the villages showed development step by step started from precaution by apperance of the mountain to the lower part. It's because the topography of valley around the village worked as the natural hedge against external force and genealogy of the clan, regularity of social status, order of entrance into the village were reflected into residencial destribution. Also, order of the rank coincided with the one of aspects on geomancy. Genealogical rank within the village represented spacial rank. Houses of descendants and branch families were placed lower than the principal which showed worship to the principal. 3. In 18th century after, as the village was settled nearby cultivated land considering economical loss caused by long distance between residencial area and cultivated land, direction of sect followed by development of village expanded from the front part of the village to the rear part. The principal that was poped out to the front presented frontage over exterior. Therefore, residencial area of branch families expanded to the rear starting from the principal. This represented a slice of social structure at that time. after 18th century, spirit was percieved superior over material, After then, development of cultivation and expantion of land created difference of economic strength within one village. In order to maintain and show off the status of Yang-ban, economic power of indigenous land owner became fundamental, so, sense to worship and to keep the principal became weak eventually. Taking advantage of that situation, residencial area of branch family expanded to the rear part of the principal which showed dual disposition conflicted with each other. However, these clan rules were destroyed and new rules were created after 18th century because of the situation and consciousness at that time.

• 법제연구
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• 제41호
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• pp.229-260
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• 2011

유럽연합에서 회사법 통일의 노력은 리스본조약 이전부터 회사법과 관련한 규칙과 지침을 설정했다는 점에서 중요한 의미를 지닌다. 유럽연합 회사법의 법규범은 자체의 규칙을 통해 유럽주식회사라는 개념을 설정하였으며, 공개유한책임회사인 유럽주식회사와 더불어, 2008년 이후에는 중소기업을 위한 폐쇄유한책임회사에 대한 입법도 추진하고 있다. 최근 유럽주식회사법을 근거로 설립된 회사의 수가 증가되면서 발전된 형태의 회사법에 대한 논의가 활발히 진행되고 있으며, 이는 우리나라 회사법 분야에서도 흥미로운 주제가 된다. 기존의 유럽회사법에 관한 국내연구는 전반적인 유럽회사규칙 및 지침에 대한 내용을 소개하고 있으나, 근래에 이루어지고 있는 회원국 법률간 하향경쟁과 이를 통한 회원국의 입법에서의 변화, 그리고 유럽에서의 회사법연구에 대한 최근 논의에 대해서 다시 다루어 볼 필요가 있다. 따라서 이글에서는 유럽연합조약을 통한 설립의 자유와 이를 통한 각 회원국의 법률 간 경쟁과 유럽주식회사규칙의 제정 배경에 대해서 살펴보고 현재 유럽주식회사규칙의 내용을 평가한다.