• Korean journal of communication and information
• /
• v.33
• /
• pp.227-251
• /
• 2006

The Law Ensuring the Freedom and the Functions of Liability of the Newspapers ("The Newspaper Law") which was passed in the National Assembly on January 1, 2005 is considered as a tremendous setback compared to "the Newspaper Bill" of civil press organizations. Of the two instruments to ensure the editorial freedom, the regulation on the newspaper company ownership share distribution was eliminated and the editorial committee (editorial codes of ethics) became an arbitrary system. That is, the Newspaper Law was criticized as a law of "half-success." However, the Newspaper Law has its own benefit by institutionalizing the establishment of the Korea Commission for the Press, the Press Fund, and the Korea Newspaper Circulation Service for Promoting Newspaper Businesses and by strengthening the criteria to estimate market dominant businesspeople in newspaper market than general markets to ensure the diversity of public opinions. As the Newspaper Law was promulgated, Donga-Ilbo and Chosun-Ilbo submitted the Constitutional Petition against "the Newspaper Law" and the Constitutional Court is expected to give the decision soon. Based on the "Supplements on the Grounds of the Constitutional Petition against the Newspaper Law" ("the Petition"), this paper will examine the main issues of the debates over the Constitutionality of the Newspaper Law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.3-29
• /
• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• Korean journal of communication and information
• /
• v.45
• /
• pp.296-340
• /
• 2009

The power of media has always been problematic in the countries of full press freedom. Originally, the media used to be an effective vehicle for communication within human beings. However, it exerts an overwhelming power toward human society. Through applying the well-known four dog models in terms of media function, this study attempts to examine how the press media in South Korea transformed themselves into another powerful independent organization or institution after regime shift in 1987. The whole editorials of four sampled newspapers were analyzed through frame analysis model. The ChosunIlbo, known as a conservative and pro-government paper, shows to take the role of supporting chaebol policies under Roh TaeWoo Administration. However, it criticizing sharply against the chaebol policies of Roh MooHyun Administration. The JoongangIlbo, known as a pro-chaebol paper, appears anti-government position through the entire four administrations in terms of chaebol policies. Particularly, it reveals hostile editorial coverage during the Roh MooHyun Administration. However, KyunghyangShinmun, currently known as a liberal paper, viewed somewhat complicated positions (see text in more detail) because of its ownership turbulence during the past twenty years. On the other hand, Hangyoreh, regarded as a progressive paper, keeps in supportive attitude consistently against the four sampled administrations as far as regulating each government policies for chaebols.