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Current Development of Company Law in the European Union (유럽주식회사법의 최근 동향에 관한 연구)

  • Choi, Yo-Sop
    • 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.

The Research Status and Task of the Metalcrafts of Shoso-in Collection (정창원(正倉院) [쇼소인] 금속공예의 연구 현황과 과제)

  • Choi, Eungchon
    • Korean Journal of Heritage: History & Science
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    • v.51 no.3
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    • pp.32-53
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    • 2018
  • The $Sh{\bar{o}}s{\bar{o}}-in$(正倉院) is the detached storage building for Japanese treasures that belongs to $T{\bar{o}}dai-ji$ in Nara, Japan. The reason why $Sh{\bar{o}}s{\bar{o}}-in$ collections are drawing attention is that Japanese artifacts, sculptures, paintings, and other objects that were introduced through the Silk Road, such as Sasanian Persia and India, and those that were introduced from the Unified Silla and Tang China. In addition, hundreds of well-preserved documents of $Sh{\bar{o}}s{\bar{o}}-in$ collections play an important role as a historical reference material covering not only the social situation of the time but also the history of exchange of cultural diplomacy and the change of Buddhist doctrine. In particular, some of collections of $Sh{\bar{o}}s{\bar{o}}-in$ were made in China and may have been imported or received as gifts, but many of the artifacts made in Baekje and Unified Silla are becoming more and more important. This paper examined the research status of $Sh{\bar{o}}s{\bar{o}}-in$ metal crafts of Korean and foreign scholars, and examined the association with the relics of $Sh{\bar{o}}s{\bar{o}}-in$ through metal crafts excavated from the Korean Peninsula. The research on the future direction of $Sh{\bar{o}}s{\bar{o}}-in$ collections should be summarized as follows. 1. Systematization of state-level support and single window for the research of $Sh{\bar{o}}s{\bar{o}}-in$ collections 2. Accurate listing and database of $Sh{\bar{o}}s{\bar{o}}-in$ collections 3. The positive implementation of joint research with Japan and invitation of researchers related to $Sh{\bar{o}}s{\bar{o}}-in$ collections 4. The exchange exhibition between the Korean National Treasures and the $Sh{\bar{o}}s{\bar{o}}-in$ collections 5. Expansion of the research base through the publication and support of books related to $Sh{\bar{o}}s{\bar{o}}-in$ collections.

African Swine Fever Outbreak in North Korea and Cooperation between South and North Korea (북한지역에서 ASF발병 현황 및 남북수의협력에 관한 연구)

  • Cho, Chung Hui
    • Journal of Appropriate Technology
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    • v.6 no.1
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    • pp.21-27
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    • 2020
  • The ASF, which originated in Africa and threatens the world, landed in Asia in 2018 in China, and became a stern threat to the security of the Korean Peninsula when North Korea officially reported the ASF to the OIE in May 2019. In 1921, Montgomery, a British veterinary pathologist, made headlines by naming the African swine fever "African Swine Fever," or ASF, a disease caused by a high fatality virus that existed in East Africa. The ASF, which was a pandemic of endemic diseases in Africa, landed in Portgal around 1957 and swept through farms in Lisbon, Portugal. The ASF continued to settle in Spain and Portugal, causing 40 years of damage until the end of the 1990s, and is now in progress after landing on the Italian island of Sardinia in 1978. The virus, which landed in Portiport of Georgia on the Black Sea coast of the Black Sea in 2007, spread to Russia and caused massive damage to China in 2018, then rapidly spread to Vietnam, Laos and Myanmar in May 2019 and spread across the country, causing massive damage to the pork industry and is now in progress. Just three months after confirming the outbreak in North Korea, the outbreak at farms in Paju and Yeoncheon was confirmed on Sept. 16, 2019, leaving South Korea with the stigma of ASF-causing countries, and although the ASF's nationwide expansion has been blocked, it is currently underway in wild boars. If the ongoing ASF in the two Koreas becomes indigenous, it would be a major disaster not only for the pork industry but also for the Korean Peninsula economy. Under the current circumstances, it is impossible to focus only on veterinary areas limited to South Korea, ruling out risk factors from the ASF outbreak. Currently, it is difficult to prevent damage to the pork industry due to the ASF outbreak due to the poor water defense reality in North Korea, and as it is adjacent to China, which has a high risk of developing various epidemic diseases, there is a need for the two Koreas to jointly conduct quarantine and quarantine on the border areas. First of all, I think rapid exchange of information and education on ASF and other diseases is necessary before establishing a joint defense system on the Korean Peninsula. It is important to conduct thorough quarantine and disinfection of ASF-generated areas in North Korea, and areas bordering China and Russia, and jointly conduct thorough quarantine and control of livestock and livestock products in circulation. Cooperation by the South and North Korean water defense industries to prevent the protracted ASF on the Korean Peninsula by all means and methods is essential.