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RISS 인기검색어
- 검색키워드
- 저자 : 黃鐘熏 (검색결과 18 건)
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황종훈 圓光大學校大學院 1996 論文集 Vol.17 No.-
As the economy progress rapidly, the comprehensive collateral security has extensively been used in the financial business because of the increasing of dealings on credit. The comprehensive collateral security means the collateral security that is established as the meaning of warranting all obligations between the contracting parties within the utmost limits of the maximum amount. To warrant an obligatory right or an obligation that comes from the basic contract such as the contract of overdraft, the discount bill or continual supply of item is the man purpose. Besides, to warrant an obligatory right or an obligation that result from different kind of dealings in future is the purpose, too. The creditor has many profits, while the debtor is very disadvantageous in this system. Comprehensive collateral security has been used by Japan as a customary practice after the Second World War, many scholars have hotly debated it. At last, the problems on the comprehensive collateral security were settled through the legislation in 1971. Whereas in the civil law of Korea, 357, only one article on the collateral security was legislated. Because there are not articles on the comprehensive collateral security, many scholars and judges have debated this problem, so far. In this thesis, I will contribute to the stability of law and the management of practical affairs through the systematic analysis of the theory and reality on the comprehensive collateral security. I will argue whether we will approve the validity of the comprehensive collateral security or not through the theory and the judicial precedent in Japan and Korea. With the theory of interpretation of the civil law, whether we will approve the validity of the comprehensive collateral security or not is the chief issue. None insist on invalidity of the comprehensive collateral security so far. Among the scholars who approve the validity of it, some approve the validity restrictively, others approve the validity unlimitedly. In this thesis, I adimit the validity of "comprehensive collateral security, but I hope that we will have to restrict it within a reasonable range. I think that fundamental solution is the legislation which is the most suitable to the actual circumstance of dealings. Finally, I hope that the study on the comprehensive collateral security will be done deeply and systematically and the theory7 of presedents will be established in near future.
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황종훈 한국기업법학회 2002 企業法硏究 Vol.11 No.-
Today is a society of knowledge and information-a digital information society, characterized by the Internet media. It is different from the analog system in many ways. Copyright Law is getting more important in this society. Compared with other laws, Copyright Law has developed later, but now, as Property Law, is not less important than Law of Realty and Law of Obligation. In accordance with the development of human society, specially science and technology, recently it covers not only traditional works, such as books, art, photographs and sculpture, but also computer programs, semiconductor chips, microfilms, etc. The infringement of copyright has increased, therefore it is much more important than before to protect copyright. To protect man's creative activities, creative activities and their products need to be recognized as object of right which needs protecting. There are three remedies for the infringement-managerial, civil, and criminal. This study is limited to a civil remedy.
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黃鍾熏 한국기업법학회 2002 企業法硏究 Vol.10 No.-
Today is a society of knowledge and information- a digital information society, characterized by the Internet media. It is different from the analog system in many ways, Copyright Law is getting more important in this society. Compared with other laws, Copyright Law has developed later, but now, as Property Law, is not less important than Law of Realty and Law of Obligation. The digital society is featured by a wide sea of information linked to the Internet. The development of the Internet has to new political, social, cultural, and economic changes. Digital techniques have made copies easier and more convenient, which led to infringement of copyright holders. This means Copyright Law is to protect digital works themselves, but not the ideas of copyright holders. The highway information network has brought out the problems of the protection of Copyright Law. To solve the problems between copyright holders and internet users, it users, it is considered important to determine what types of copyrights are violated. The types are as follows-illegal duplication, temporary storage, on-line transmission, infringement on database, violation by web-link. There are three remedies for the infringement-managerial, civil, and criminal. This study is limited to a civil remedy.
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