리니지 명의도용 소송에 관한 연구

이훈종(Lee HunJong) 한양법학회 2008 漢陽法學 Vol.24 No.-

On March 15, 2006, about 10,000 plaintiffs, claiming that their personal informations were illegally used, brought a suit against NCsoft Corporation and its representative director for damages. The Seoul Central District Court gave the following decision on May 31, 2007. The defendant has the duty of care to not aid in the appropriation of the personal informations. However, since the defendant has properly fulfilled its duty of care to not aid in the illegal use of their names, it is not responsible for aiding and abetting in the illegal use. In this thesis, I compare the ruling in this case to the Supreme Court of Korea ruling on aiding and abetting due to employer’s fault, the Supreme Court of Korea ruling on aiding and abetting by the Soribada operators, and the U.S. Supreme Court ruling on the Grokster, Ltd. case. According to the subject ruling, the appropriation of the personal informations in this case seems to be the first instance where the informations were used illegally on a large scale to sign up for membership. Before the massive illegal use of names became a problem, the defendant, in its terms and conditions, prevented the trading of items except in the game and moved on to seizing hundreds of thousands of accounts. After the massive illegal use of names became a problem, it informed the investigative authority and fulfilled its duty of care by enforcing mobile phone confirmation. Since it is certain that the defendant took various measures to prevent the illegal use of names, when the Supreme Court’s legal principle on aiding and abetting due to employer’s fault and its legal principle on aiding and abetting by the Soribada operators are applied in this case, it is likely that the defendant will not be held liable for the illegal acts done by those who made illegal use of names. According to the de facto relationship in the subject ruling, it is difficult to conclude that most members signed up making illegal use of other’s name, the defendant took necessary steps to prevent the infringement of the users’ personal information, and it is unreasonable to assume that the defendant sees a profit increase as more users infringe on others’ personal information. If the legal principle of the U.S. Supreme Court ruling on the Grokster case is applied in the Lineage case, it is very likely that the defendant will not be held liable for the illegal acts done by those who made illegal use of names.

가속기 구조에서의 그래프 신경망 성능 특성 분석

이훈종(Hunjong Lee),구건재(Gunjae Koo) 한국정보과학회 2022 한국정보과학회 학술발표논문집 Vol.2022 No.06

사이버시와 표절에 관한 연구

이훈종(Lee, HunJong),이세경(Lee, SeaKyung) 한양법학회 2007 漢陽法學 Vol.20 No.-

Nowadays digital technology makes dramatic changes in life style. Man can see the shift from analog media to digital media. In the age of digital media, paper book is not the only literary text. In hypertext poetry, a poet can use graphics, color and broken lines. Hypertext poem consists of text sections that can be rearranged by a reader. It gives the reader the chance to take their own path. Therefore, hypertext poetry and print poetry are two different methods of creativity. FanPoem is made to realize hypertext poetry in Korea. FanPoem is designed to look into how the status of poets and readers have changed in the digital literature environment. On FanPoem program, readers can become poets by clicking on a phrase, and then by writing their own poems. NINANANA is a anonymous poet, who wrote a poem ‘About Death’ in cyberspace. He copied 14 phrases from other poets’ poems and expressed his citation. There is a substantial similarity between his work and them. It is not clear whether his poem is a new creative work or a unskilled work in the field of literature. Techniques of imitation - parody, pastiche and plagiarism - can be debated on his poem. Plagiarism is to copy passages of text from someone else’s work and to use them as if they were my own. Because NINANANA showed his citation, he did not plagiarize other poems. But without his citation, his poem is estimated in a different way. If NINANANA copied other poems and used them as if they were his own, he would plagiarize them.

전환사채의 저가발행과 배임죄에 관한 판례평석

이훈종(Lee, HunJong) 한양법학회 2010 漢陽法學 Vol.29 No.-

Korea's representative conglomerate Samsung Group is regarded with ambivalence. Most college students consider former Samsung Group Chairman Lee Kun-hee as a respectable businessman, and Samsung Electronics Corporation, a key company among Samsung Group subsidiaries, often gets a higher credit rating than the nation's credit rating. However, it is criticized for its outdated management and has been faced with lawsuits due to numerous illegal practices. There are various rulings on the succession of Samsung Group's management rights, and the ruling discussed in this paper is also on a case related to the succession of management rights. According to the majority opinion of the Korean Supreme Court unanimous decision on the Everland convertible bond case, because every shareholder was given the opportunity to take over the convertible bonds (hereinafter “CBs”), the CBs were issued legally, although a large quantity of residual CBs were not subscribed. Accordingly, the directors were not guilty of breach of trust, although the CBs were issued to third party at a price lower than the fair price. Since it is reasonable for corporations to differentiate between shareholders who are active investors and third parties, the majority opinion, which states that breach of trust does not apply when CBs are offered to existing shareholders at a discount, is reasonable. According to the majority opinion, if every shareholder is given the opportunity to take over CBs, the issuance of the CBs is legal. In my opinion, the purpose of the majority opinion is to promote stable and uniform legal relations when accepters of CBs are random and unspecified. However, since the accepters of CBs are limited to a son and daughters of the controlling shareholder, it is unnecessary to protect them in order to promote stable legal relations. According to the majority opinion, if the CBs are offered to existing shareholders and there are a large quantity of residual CBs for which the existing shareholders had not subscribed, the board of directors is allowed greatly extensive power, thus the validity of the majority opinion needs to be revisited. Since a profit-seeking corporation needs to raise steady funds as much as possible, when non-subscribed CBs are issued to third party, as opposed to existing shareholders who are active investors, the board of directors should have reviewed whether there exists a business purpose. However, the board of directors did not consider this. In conclusion, the directors in this case violated their fiduciary duty by issuing CBs at a discount to a son and daughters of the controlling shareholder for the purpose of evading high inheritance tax rate. Due to director's negligence, third parties were able to make a profit of the difference between fair price and issue price multiplied by the number of issued stocks, and the company suffered a negative loss of this amount and also a depreciation of its credit rating. Therefore, I conclude that there exists reasonable grounds for the crime of trust breach.

직접적인 당사자간 어음채권과 원인채권의 소멸시효의 중단에 관한 연구

이훈종(Lee, HunJong) 한양법학회 2009 漢陽法學 Vol.25 No.-

The law fails to expressively stipulate whether extinctive prescription of underlying claim is suspended when claim of bill is exercised and whether extinctive prescription of claim of bill is suspended when underlying claim is exercised. According to the Supreme Court of Korea, when underlying claim is exercised while claim of bill and underlying claim coexist, extinctive prescription of claim of bill is not suspended. However, extinctive prescription of underlying claim is suspended when the claim of bill is exercised. The reasons that extinctive prescription of underlying claim is suspended when claim of bill is exercised are as follows: 1. The claim of bill is exercised in order to exercise the underlying claim, and; 2. Since extinctive prescription of the underlying claim falls under the category of personal defense, it is to prevent an unreasonable outcome where the debtor exercises his right to personal defense even when the creditor suspends the extinctive prescription of the claim of bill, and the creditor is unable to realize his claim. According to the Supreme Court decision, which claim happens to be exercised might influence whether or not the other claim is exercised, and the actual difference between the exercised periods might actually be large. In this paper, validity of the court decision is evaluated from the viewpoint of the objective intention between the parties at the time of transfer of the promissory note and of the intent of extinctive prescription system. When the debtor delivers a promissory note for payment, he is assumed to have an intention of being liable for the debt under the promissory note, and it is assumed that the creditor who accepted the note can exercise his claim under the promissory note. Therefore, when the underlying claim becomes extinct due to the prescription period, it is then reasonable to apply prescription periods of the law of Bills for note obligation. The holder of the note exercises his underlying claim or claim of bill in order to have a certain amount reimbursed. Since both rights may be used as a way to get a certain amount repaid, when the holder of the note exercises his underlying claim or claim of bill in order to get the certain amount repaid, the holder cannot be considered as someone who slept on his rights. And he has the evidence on proper rights of the promissory note. Therefore, when the rightful person exercises his claim of bill, it is reasonable for extinctive prescription of the underlying claim to be suspended, and even when he exercise his underlying claim, it is reasonable for extinctive prescription of the claim of bill to be suspended. Such standpoint has an advantage of uniform interpretation of legal issues on promissory notes.

은산분리정책에 대한 금융법적 검토

이훈종(Lee HunJong),윤창술(토론자) 한양법학회 2008 漢陽法學 Vol.23 No.-

The Lee Myung-bak administration says it plans to gradually convert the current ex ante regulation on bank ownership to a system of eligibility screening for controlling shareholders and strengthened ex post supervision. There has been some controversy over the government’s such policy of separation of banking and commerce. Those in favor of maintaining the separation of banking and commerce are supporting their arguments with the following. 1. If an affiliated company faces a financial difficulty, it will divert the financial company’s funds to other purposes, and consequently, the financial company will become insolvent. 2. The presence of foreign banks seems to promote the efficiency of domestic banks and also contribute to the advancement of various financial laws, system, and infrastructure. 3. It is not common for global private commercial banks to have an owner, and according to an analysis of U.S., British, Japanese, French, and German banks that are among world’s top 100, higher productivity is generally shown in those with more diversified ownership. 4. In general, productivity of affiliated banks of a business group fails to meet the average of entire financial industry. On the contrary, those in favor of easing the separation of banking and commerce are supporting their arguments with the following. 1. Recent social and political surveillance system and atmosphere makes it impossible for an affiliated company to divert and use the funds indiscriminately. 2. Foreign banks are reluctant to provide loans to smaller domestic companies, and therefore, the regulation of bank ownership should be reformed. 3. The number of countries that regulate the bank’s ownership of commercial capital is relatively small, and after the analysis of actual data, domestic commercial banks that are controlled by controlling shareholders provides more loans to small companies than the other banks that are not controlled by controlling shareholders. 4. Productivity of business groups exceeds that of independent companies. There is also controversy over the efficiency of financial supervision and the pros and cons of increasing the stake in banks by using different types of funds such as national pension or private equity investment firms. The question is whether the Financial Services Commission and Financial Supervisory Service, which have been criticized for their poor supervision, can adequately perform their duties. Recent findings from Samsung investigation raises doubts about whether the Financial Services Commission and Financial Supervisory Service performed their financial supervision duties effectively. Measures to ease the separation of banking and commerce should be prepared only after it is proven that the Financial Services Commission and Financial Supervisory Service can effectively perform their financial supervision duties.

담보형 차입매수(LBO)와 배임죄에 관한 판례평석

이훈종(Lee, HunJong) 한양법학회 2010 漢陽法學 Vol.32 No.-

After taking over the company that was undergoing a resurrection process, the defendant successfully stabilized the company, which resulted in a decrease in total liabilities, an increase in net assets, and a rise on a ranked list of contractors. Since this case may be viewed as a so-called successful secured leveraged buyout, it raises a question of whether using the assets of the target firm as collateral constitutes breach of trust. Because the High Court took all the circumstances into consideration to make a decision on whether the case constituted breach of trust, it decided that there was no breach of trust in this case, since there was much room for thinking that the defendant offered the collateral to raise funds necessary for takeover for the purpose of increasing the profit of the target firm. In comparison, the Supreme Court decided that each individual action of offering the collateral constituted breach of trust, and therefore decided that using the assets of the target firm as collateral constitutes breach of trust, since the target firm bore the risk of using the assets as collateral but the defendant failed to provide a benefit in return to the target firm in exchange for such risk. This case raises the question of what the proper way is for a major shareholder to enjoy the profit when his firm generates a considerable profit due to his efforts. Commercial law stipulates various regulations for deterring the major shareholder’s pursuit of unfair profit, and in this light of the intent of the commercial law, offering the assets of the target firm as collateral without providing a benefit in return should not be allowed. The target firm, in this case, had to bear the risk of losing its savings and especially its real estate, and suffered a loss in the value of savings collateral and especially in the value of real estate collateral. However, considering that the collateral is the property of the target firm, that there is remaining value in the collateral, and that the collateral is canceled when the debt is repaid, it is reasonable to distinguish between the case when the collateral is forfeited and the case when the collateral is in danger of being forfeited. Furthermore, in the case of breach of trust, although penalties are stipulated for consummated offense and attempted offense, the sentence for attempted offense may be reduced to a less severe one than the sentence for consummated offense, so it is also of practical use to distinguish between the case when the collateral is forfeited and the case when the collateral is in danger of being forfeited. In this case, because the collateral was not forfeited, the defendant should be treated as having committed an attempted breach of trust.

패러디와 저작권에 관한 연구

이훈종(Lee, HunJong),이세경(Lee, seiKyung) 한양법학회 2009 漢陽法學 Vol.27 No.-

Parody can contribute to development of culture and related industries, stimulating people to make use of existing works. However, it can also create conflicts over copyright infringement. The issue of concern is whether the copyright law permits a parodist to change original works without the permission of an author. The U.S. courts have adjudicated upon cases of copyright infringement for parody by invoking the fair use principle that permits people to use existing works freely without permission of the copyright owners. In Korea, copyright infringement for parody has been related to the right of integrity of authorship and the legal principle of quotation. However, a case of copyright infringement for parody had been adjudicated by using legal standards similar to the U.S. fair use principle. In terms of the facts and the legal principles, the judgment of the Korean court on the case of Seo Tai-Ji, a Korean musician, is similar to the judgment of the U.S. federal court on the Campbell case. Various theories about copyright infringement for parody have been proposed. One of them is that the newly created works using parody may not avoid disputes related to copyright infringement under the current copyright law. A different opinion holds that it may be possible to interpret the copyright law with reference to the U.S. fair use principle. Parody has been used as a critical expression technique in almost all areas including literature, movies, plays, advertisement and politics. It is necessary to protect parody under the copyright law when it contributes to improvement of cultural industries. However, we also need to contemplate the legal protection of parody, because very extensive latitude could weaken motivation for creation. If parodists completely newly interpret or critically adapt original works with their own values, parody can be considered a new creative work separated from the original work. Parody can contribute to the improvement of cultural industries when a parodied work has its own values as a newly created work and is fairly used by people. The Korean copyright act sets a provision related to the fair use of copyrighted works, and there is a precedent established by which to consider various facts and judge whether to permit a parody. So it is possible to protect parody under the interpretation of Korean law with reference to the U.S. fair use principle. Ultimately, it is necessary to establish legislative measures to protect parody which is acknowledged a creative work.

공급망 ESG 관리에서 예상되는 분쟁 중재에 관한 연구

이건우(Geonwoo Lee),이정은(Jungeun Lee),이훈종(Hunjong Lee) 한국중재학회 2024 중재연구 Vol.34 No.1

“ESG management” guides companies to prioritize corporate social responsibility and sustainable development as key management objectives, going beyond mere financial performance pursuits. This approach involves creating a sustainable and robust supply chain by urging companies, acting as 'supply chain managers', to implement ESG management practices alongside their 'supply chain partners'. The domestic business community has been quick to respond to this trend, recognizing that failure to adhere to ESG standards set by organizations such as the EU and SEC could lead to severe repercussions, including exclusion from international trade and reputational damage. POSCO and NAVER, two leading Korean companies, are at the forefront of practicing ESG management effectively. They have both produced and publicly disclosed ESG management reports, showcasing their success in enhancing supply chain ESG management. However, as supply chain managers enforce ESG-related obligations on their suppliers, the likelihood of disputes between the parties may increase. In scenarios where supply chain ESG management leads to conflicts between supply chain managers and suppliers, commercial arbitration emerges as a viable solution for dispute resolution. This method offers several advantages, including the arbitrators' expertise, time and cost efficiency, the binding nature of decisions akin to a court's final judgment, international recognition under the New York Convention, confidentiality, and ample opportunity for parties to be heard. Our analysis focuses on the emerging disputes between supply chain managers and suppliers within the context of supply chain ESG management, particularly examining the cases of POSCO and NAVER. By categorizing the expected types of disputes and assessing the appropriateness of commercial arbitration for their resolution, we highlight the effectiveness of this approach. Furthermore, we propose leveraging the Korean Commercial Arbitration Board's role to enhance the use of arbitration in resolving supply chain ESG disputes, underscoring its potential as a strategic tool for maintaining sustainable and harmonious supply chain relationships.