• 한국건축시공학회:학술대회논문집
• /
• 한국건축시공학회 2017년도 춘계 학술논문 발표대회
• /
• pp.97-98
• /
• 2017

These days the buildings are getting higher, bigger, and in a deep. According to that, it was the Large-Scale casuality by smoke from Daeyeongak Hotel fire in 1971 to Uijeongbu apartment fire in 2015, and the law of smoke control has consistently changed. but the analysis for improving the law isn't working. Therefore on this study, it conducts the analysis of historical comparative about smoke control and it will present the basic data for improving the law of smoke control and in-depth analysis.

• 융합보안논문지
• /
• 제14권1호
• /
• pp.43-50
• /
• 2014

민간경비원은 특별한 법적 권한이 주어지지 않은 일반인과 동등한 법적 지위를 보유하고 있다. 그러나 민간경비산업은 그동안 업무영역의 확대를 가져와 제한적이지만 일부 법적 권한을 보유할 시기가 되었다는 주장이 있다. 이 연구에서는 일본 미국 등 주요국가의 경비원 법적 지위를 비교 분석하고 우리나라 민간경비원의 법적 지위에 관하여는 현행법인 경비업법상의 경비원의 법적 지위를 분석함으로써 우리나라의 민간경비원 법적 지위의 문제점을 도출하고 그에 대한 대안을 제안하는데 목적이 있다.

• 의료법학
• /
• 제14권1호
• /
• pp.237-271
• /
• 2013

There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

• 무역상무연구
• /
• 제36권
• /
• pp.3-26
• /
• 2007

This article attempts to describe and analyze discussions on the matter of ex tunc effect or a ex nunc effect of rescission under Korean law in comparison with those under the CISG). In addition, it tries to scrutinize the various rules on the right to damages as an effect of rescission in a comparative way. Furthermore, it compares the various rules of Korean law with the CISG as to the right to damages and evaluates them in light of the discipline of comparative law. It maintains that the liquidation theory in Korean law is more close to the CISG in that there is no ex tunc effect in rescission and in other aspects. It also argues that the construction of the effects of rescission in accordance with the liquidation theory is more plausible when one considers Korea is one of the contracting states of the CISG. In addition, the theoretical analysis and the comparative study with the CISG shows that the insistence of ex nunc effect and its interpretation on the scope of damages extends to damages for expectation interest. It is also submitted that the position under the CISG on the assumption of ex nnuc effect, is regretted in that the restitution in value of the goods in the event of impossibility of the physical restitution is not allowed in some cases which the damage claims can not be awarded for the seller due to the application of the CISG Art. 79.

• 한국마린엔지니어링학회:학술대회논문집
• /
• 한국마린엔지니어링학회 2006년도 전기학술대회논문집
• /
• pp.129-132
• /
• 2006

• 무역상무연구
• /
• 제3권
• /
• pp.108-169
• /
• 1992

• 무역상무연구
• /
• 제11권
• /
• pp.251-278
• /
• 1998

• 무역상무연구
• /
• 제17권
• /
• pp.227-250
• /
• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

• 무역상무연구
• /
• 제32권
• /
• pp.29-56
• /
• 2006

This article primarily concerns the various aspects of the rules to control express terms particularly in standard form which seek to absolve either wholly or in part from the seller's liability for non-conforming goods. It describes and analyzes in detail how English law regulates such terms. In this analysis, it places the following questions; first, whether each jurisdiction treats the seller's liability for non-conformity in quality and quantity as mandatory rules, second, if it does, to what extent it is treated so and third, if not, in what way it controls the seller's attempt to exclude or restrict his liability for non-conformity in quality and quantity. In addition, it attempts to compare the rules under English law with those under Korean law and to evaluate them in light of the discipline of comparative law. In an attempt to evaluate them, it asks the question of whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. The evaluation is based upon the idea that the problems of fairness associated with the use of standard terms occur where the customer is unfairly taken by surprise due to his ignorance of the terms, or where even if he knows of the substance of the terms and objects to it, he is met with a take-it-or-leave-it situation.

• 무역상무연구
• /
• 제19권
• /
• pp.33-66
• /
• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.