• Journal of architectural history
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• v.1 no.1 s.1
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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.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.