• Journal of Legislation Research
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• no.41
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• pp.367-399
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• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

• Journal of Legislation Research
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• no.41
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• pp.337-366
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• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

• Journal of Korean Classical Literature and Education
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• no.37
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• pp.253-281
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• 2018

The purpose of this paper is to analyze the meaning of of "Nikolai Garin - Mikhailovsky's the "Joseon tale". talks about the origins of the Joseon Dynasty and the Qing Dynasty. In this paper, we revealed the features of the form of "Otter Legend". And analyzed the confrontation between Nurhachi's family and Yi Seong-gye's family shown in the story. The result is as follows. is complex tale. The start of is 'the typr of Yaraeja'. Next is the story of Myoung-Dang. Myoung-Dang is deep in the water. also has anecdotes of Jeong, Chung-shin. rearranged at least three stories or more. transformed each type of stories, communing the different patterns of stories with different logic. The basic logic of the transformation was to maximize the confrontation between the NuruhachI and Yi Seong-gye clans, the origins of Manchuria and the Chosun Dynasty. As a result, the sacredness of Nurhachi's Family, the origin of the Qing Dynasty, was expanded. On the other hand, Yi Seong-gye s Family was less extraordinary than Nurhachi's Family. Also, the ability of the person is also inferior. This is not the yearning for the Qing Dynasty. This is because the Qing Dynasty and the Joseon have the same pedigree. shows that the Qing Dynasty's experiences should be shared since the Qing Dynasty was born of another clan of Joseon. This is a new perception of Qing Dynasty. This is similar to the interpretation that dragged the Qing Dynasty's history into the Joseon's ethnographic historical point of view.

• Journal of Korean Classical Literature and Education
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• no.34
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• pp.41-74
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• 2017

This study aimed to investigate the narrative strategy and meaning of fantasy in classic novels and to derive the educational meaning from the fantasy of Sukhyangjeon. This study selected Sukhyangjeon because is considered a suitable literary text that embodies characteristics of fantasy inherent in classical novels through its successful portrayal of the fantasy genre and its high popularity during its time. Specifically, this study observed that the "notice of hardships" which repeatedly appears in the narration of Sukhyangjeon reinforces the fantasy of the novel as it serves as an advance notice of intervention from heaven. Therefore, this study investigated the relationship between the notice of hardships and fantasy by focusing on Sukhyang's life. The way in which the "notice of hardships" is a form of illusion realized it evident in the plot when heaven saves Sukhyang from her hardship even though it was heaven that had granted her those forms of hardship. Firstly, the "notice from heaven" constitutes the macro structure of Sukhyangjeon. Through it, readers realize the enormous power of heaven by seeing how Sukhyang's life has been realized in accordance with heaven's notice with that, it evokes a sense of respect to heaven. In addition, heaven saves Sukhyang from different forms of danger. It enhances a miraculous feeling, which the omnipotent power of heaven shows, against the innocent appearance of Sukhyang during her times of danger. Meanwhile, when heaven notifies Sukhyang and the surrounding people of their fate and subsequently realizes it through dreams, this act creates a mysterious atmosphere and improves the probability of the narrative. If so, the narrative meaning in reinforcing the fantasy of the novel by the use of "notice of hardships" could be revealed through Sukhyang's real life. First, the hardship in which Sukhyang has gone through is so realistic and detailed that the readers' feelings of empathy are evoked with the fear of the coming hardship, wailing together, and trying to resolve the inner anxiety through Sukhyang's happiness. Second, the heavenly beings who are touched by the good behaviors of Sukhyang save her from the dangers of death. This creates the belief in readers that heaven intervenes for the good people. Third, the active attitude that Sukhyang and Leesun show in the process of marriage helps them overcome their earthly hardship and preserve their relationship in heaven. This gives readers hope that they could go to a "higher life" after going through suffering. This fantasy of Sukhyangjeon helps readers overcome their anxieties of reality through fantasy and recognizes the importance of relationships to enhance a sense of unity and solidarity with others. Because of these elements, it is expected that the fantasy of Sukhyangjeon will have a meaningful value to modern readers.

• Journal of the Korean Society of Child Welfare
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• no.36
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• pp.289-322
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• 2011

The purpose of this study is to examine the relationship between job characteristics such as role conflict, workload, and self-efficacy, secondary traumatic stress(STS), and burnout of social-workers who are working with survivors of child abuse, spouse abuse and sexual assault. While burnout has been studied over two decades all over the world, secondary traumatic stress(STS) is a less familiar term in the field of social work. Studies explaining the relationship between job-demands, STS, and burnout for social workers working with violence victims lack integrative insights across agencies serving children and adults. Thus, we examine whether the relationships between change based on wheter the survivor is a child or an adult. Two hundred thirty three social workers in Korea who work with violence victims participated in the survey. The data were analyzed with Amos 7.0. Results indicate that STS plays a key role in explaining social worker burnout across the agencies, and Child Protective Service workers were found to have the highest STS symptoms. The pathways to social worker burnout proved to be different based on who you served. Theoretical and practical implications of these findings were discussed.

• Journal of Legislation Research
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• no.53
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• pp.375-418
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• 2017

Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Korean Classical Literature and Education
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• no.37
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• pp.5-45
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• 2018

Today, in the case of literary works such as modern poetry, novels, 'literature production : literature acceptance' are relatively simple as 'writing : reading'. However, in classical literature, there are ways of 'singing, chanting, narrating, performing, public reading, writing : listening, reading.' Modern literary works such as poetry and novels are sole arts made up only of literature, but classical literature have many complex arts accompanied by music, theater, etc. In order to understand the way classical literature, it is necessary to consider music, theater, etc. also. There are a number of subjects to research today in relation to the accepting method of classical literature. There are such things at Hyang-ga (향가), Goryeo Sog-yo (고려속요), Sijo (시조) and Gasa (가사) in of classical poetry. There is a public reading in classical novels. There is securing video materialㄴ for narrators in oral literature. And there are Si-chang (시창. 詩唱) and aloud reading in chinese proses. 'Listening literature', such as the oral literature needs to have the A. Lord's 'formular theory' - 'formular' (general words), 'themes' (general subject), and 'improvisation.' It is the opposite of contemporary poetry and novels that value ' special words', 'special contents', and 'original text.' Classical literature with a great deal of 'listening literature' besides ' reading literature' needs to have this 'formular theory' too basically. In the case of 'excessive pornographic' oriented events in Goryeo Gayo (고려가요) and Pansori (판소리), a vision is required to set up a space for the realization of literature. The haman basic elements like a man and woman's body subject can be evoked as a literature means at open place for anonymous people. Unlike modern poetry and novels, which are 'reading literature', and contain only literature, classical literature have 'listening literature' besides 'reading literature', and have complex arts - classical poetry (literature and music), and oral literature (literature, music, theater etc.) These aspects are available to research modern mass media literature, which are all 'listening literature,' and all complex arts - pop songs (literature and music), movies (literature, drama, image, music etc.) and TV dramas (literature, drama, image, music etc.). Thus, a proper understanding and consideration of the accepting method is very important in understanding, researching and educating classical literature.

• Journal of Korean Classical Literature and Education
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• no.35
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• pp.153-193
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• 2017

This study explores the creation and enjoyment of Kuwoonmong (九雲夢) using a reference system called the cultural imagination, which is related to the Yin-Yang (陰陽) and Wu Xing (五行). When Kim Manjung wrote Guwoonmong, he may have composed figures and events based on this imagination. In particular, when he designed the eight seonnyeo (팔선녀), he set the order such as Gap (甲), Eul (乙), Byeong (병), Jeong (丁), etc. and characterized them according to the celestial stem (天干). Thus it was easy to avoid overlapping of characters and to construct various stories and relationships between them. The table below shows the characters of Kuwoonmong corresponding to the celestial stem. In not only the individual person but also the narrative world, Kuwoonmon demonstrates Yin-Yang and Wu Xing's imagination. In this respect, Kuwoonmon can be considered a large symbol encompassing the abstract theory of Yin-Yang and Wu Xing. Of course, the writer, Kim, Manjung would not have tried to symbolize the principle intentionally. However, he was also present in the environment of the cultural imagination that has been formed over the years. The same is true for the contemporary recipients of Guwunmong. They would have had a pleasant experience applying the cultural imagination and strengthening their familiar world view and human view.

• Journal of Legislation Research
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• no.41
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• pp.401-434
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• 2011

The discussion on the adoption of the horizontal regulatory framework is underway to overcome the problems regarding the vertical regulatory framework resulting from a convergence of broadcasting and telecommunications services. Recently, however, the horizontal regulatory framework shows its limitation to regulate the ecosystem established mainly by Google and Apple. The existing horizontal regulatory framework does not fully reflect the characteristics of the two-sided market and the change in the competition structure in the broadcasting and telecommunications sector. What is important to note is that if the existing horizontal regulatory framework is simply applied to the ecosystem, a regulatory imbalance can be caused among ecosystems. The existing horizontal regulatory framework, which is subject to a value chain structure, categorizes business entities into either contents layer or transmission layer and applies the same regulation to all business entities in the same category. However, in the ecosystem, a keystone-player can be categorized into different layers depending on its strategy. Therefore, if the existing horizontal regulatory framework is applied as it is, the regulatory imbalance between keystone-players located in less regulated areas and keystone-players located in more regulated areas occurs resulting in a distortion of competition. There are two possible ways to establish a new regulatory framework to prevent the distortion of competition likely to be caused by the adoption of a horizontal regulatory system. First, a new ecosystem regulatory framework different from the existing one can be established. Second, the horizontal regulatory framework can be modified to reflect the ecosystem elements. The first approach is hard to adopt given the current situation as the approach requires the analysis of all broadcasting and telecommunications ecosystems including mobile and wired services; currently research and study on the competition conditions in the ecosystems is not enough. Therefore, this paper supports the second approach proposing a modified horizontal regulatory framework through the improvement of institutions and remedies suitable for accommodating the ecosystem elements. This paper intends to propose a way to regulate broadcasting and telecommunications ecosystems taking into consideration the ecosystem elements on top of the Telecommunications Business Act, Broadcasting Act, IPTV Act, the competition condition evaluation system of the Basic Act on Broadcasting and Telecommunications Development, and regulation on common carriers under the Telecommunications Business Act.