支給提示期間을 經過한 手票의 讓渡性

裵鐵世 東亞大學校 經營問題硏究所 1978 經營論叢 Vol.2 No.-

會社의 目的外의 行爲

裵鐵世 東亞大學校 1966 東亞論叢 Vol.3 No.-

Our commercial law belongs to the continental law system, especially German 1aw not to Anglo-American law system. In the Anglo-American law, Ultra Vires doctrine is regarded as a binding rule by the courts. But in our law we do not recognize Ultra Vires doctrine as a binding rule, which is often given as reasons to support one's opinion in the discussion. By the Commercial Code every charter of a company must state the objects of the proposed company. If the charter omits the objects clause or include the illegal objects, e.g. to carry on a lottery, or to do something forbidden by the company's act, or state the objects too imperfectly to ascertain a business which will be carried out by directors, the charter would be void. Once a company is registered it has the following powers: (1) Power to do whatever it is necessary to do with view to the attainment of the objects stated in its charter. (2) Power to do whatever else may fairly be regarded as incidental to and consequential on the stated objects. (3) Power to do such other things as it is allowed to do by the commercial law or by any other statute. It is generally supported by the majority that the powers of a registered corporation were dependent on and governed by the objects as defined in the objects clause. In recent years the minority refuse to accept the doctrine of Ultra Vires as a binding rule, and so Ultra Vires transaction is not void only because it is beyond the powers of the company. If any act of a company is beyond the powers of the company, it is not void, but voidable because transactions outside the powers given in the charter must be good for the sake of an innocent person. In the discussion as regards the objects clause, we must study the development of capitalism in Korea comparatively. It we do not know the speciality of Korean capitalism, our understanding would not be perfect in the construction of the commercial law. And so I support the majority's view as regards the objects clause and can not accept the suggestion of the Cohen Committee that the doctrine should be limited so as to fix the powers of the company as between the directors and share-holders thus enabling a shareholder to feel reasonably confident that the company in which he holds shares will not carry on a business completely foreign to its memorandum, but that as regards outsiders the company shall have the full powers of an individual so that the position would be regained which existed between the decision in Sutton's Hospital Case in 1612 and the coming into operation of the company legislation of the 19th century.

商行爲槪念의 定立

裵鐵世 東亞大學校 1963 東亞論叢 Vol.1 No.-

The object of this thesis is to manifest the status of commercial transaction in the new commercial code of 1963 compared with the old Japanese code in the period of the Japanese occupation. The commercial transaction in the law is understood in connection with the act of a merchant, and therefore, the act beyond the scope of the business of a merchant, although it is carried out in the course of business, will not be recognized as a commercial transaction. But a trader's act which is carried out in the course of business will be treated as an necessary or subsidiary commercial transaction, not with standing that the other party is a merchant or not. As a result the acts of ordinary men cannot be commercial transactions at all in the law in any case except that both parties are merchants. Since a sale individually occurred will not be recognized as a commercial transaction, it must act in connection with commercial enterprises. For the interpretation of the commercial law, there are different assertions relating to the character of commercial transaction. First, it shall be an act of commercial enterprises. Secondly, it shall be business transactions prescribed in the law. But I prefer the latter, because we must distinguish the rule from the fact in social life. It is generally said that we must place the greatest emphasis upon the social background of the development of law, which is especially remarkable in the commercial world. But so long as the commercial law belongs to the rule, we must observe closely the attitude of legislation. Accordingly, the commercial enterprises prior to the commercial code do not govern commercial transactions, but only the act of commercial enterprises aftar the enactment of the commercial code shall be regulated as commercial transactions by the code. And so it is important that the character of commercial transaction resides in the commercial facts of the law of which it is composed, viz. the commercial transactions must be realized as the act of a merchant prescribed in the commercial law. It is apparent that the acts of all commercial enterprises are not regulated as commercial transactions by the law, but only the particular acts occurring in connection with commercial enterprises prescribed strictly in the code shall be recognized as commercial transactions. The old Japanese code designated three classes of commercial transaction , viz. absolute, relative and accessary commercial transactions, on the other hand, the new code has prescribed two classes of commercial transaction, viz. basic and subsidiary commercial transactions.

法律扶助의 理論과 實踐

裵鐵世,金秉圭,姜渭斗,金孝全 東亞大學校 大學院 1977 大學院論文集 Vol.1 No.-

Under the current legal system, Legal Aid is of the official counsel and the cost exemption in the Criminal Procedure Law and of the litigation assistance in the Civil Procedure Law. But in practice, official counsels are often appointed pending in the court and argue the case for the defendants like that "we want to deal with the accused to leniently." And also the cost exemption and litigation assistance are not put to practical use today. The legal aid system is necessary in not only a Criminal but also a Civil Procedures. It must be properly recognized in both ones. The meanings of those terms are not clearly applied because the history of the system is short. However the supports in the legal procedure like the counsellor designation and cost exemption are called as the Legal Assistance. This support outside the procedure, that is, the legal counsultance and legal guidance, is called as the Legal Advice. It is proper to regard the Legal Assistance and Advice as the Legal Aid. Having the Legal Aid been an institution aimed at to protect safeguard the socio-economically poor, it is understood and specified as a Sozialrecht in the western countries. We think our system must introduce the Legal Aid which are comprised in the people's right of life (Recht auf Existenz). Public defender in the America is an example. Since the Legal Aid is for the poor or misfortunate, it is based on the neighborhood spirit. Therefore the Legal Aid can be developed as jurist body's or each law school's new town movement. The practice of this Legal Aid shall be preceded by the education of lawers, and it must be attended with an improvement of the existing legal education.

기업(企業)의 사회적(社會的) 책임(責任)에 관한 법적(法的) 연구(硏究)

배철세 ( Chul Sei Bae ),강위두 ( Wi Du Kang ) 東亞大學校附設 石堂傳統文化硏究院 1977 石堂論叢 Vol.1 No.-

In Korea the problems of "corporate social responsibility" have been closed up since 1975. World wide energy crisis made the economic growth of the nation stagnated and the international payment unbalanced. Full employment, price stablization, and taxation policies have been necessary for reexamination and coordination. Originally the enterprise is a term of business administration. However in order to deal with the object of business laws comprehensively, modern commercial law selected enterprise instead of commerce or business. It is a pivotal concept of commercial law. It is a planned, organic, and economical unit of profitmaking. Historically the enterprise as a subject of corporate social responsibility is applied to big business as well as small and medium enterprises. Today large part of social wealth is belonged to the enterprises. And enterprise has a great deal of social and economic influence on its dependent groups. The principles of property ownership and contract-liberty on the civil law make it possible. Therefore its dependent groups which is in the weak status socio-economically is under control of its arbitrary decisions. Social law has been institutionalized. It is a legal system to restrict the activity of enterprise as an socio-economic influencer and to protect the groups. The law confines the principles mentioned above, and it also asserts the social responsibility and duty of a corporate. Legally the corporate social responsibility means its responsibility and duty to the dependent groups which are prescribed in the social law. There are two kinds of such groups: groups which engage directely in production activity, and which relate to the output and discharged material. Output is goods or service of enterprise and discharged material causes the public nuisance. The former relates to workers and the latter, to consumers and men sufferd from public nuisance. Therefore the corporate social responsibility on the legal aspect consists of duties and responsibilities of the labour laws, economic law and nuisance regulations. But enterprise being profit-oriented orgarization, profit-making is an intrinsic nature of it. Making a profit, it increases and maintains its richess and grows up. It is an absolute responsibility which an enterprise cannot give up. It is the reason why argument on the corporate social responsibility is based on the profit-making and on the restriction to it. Finally enterprise performs public functions. It accumulates wealth of nation, provided an opportunity of employment, and is a source of the national income. These reasons give rise to emphasis on its publicity. We can conclude that the corporate social responsibility must base its argument on the publicity.

동아대학교와 나

배철세(토론자),김보현(토론자),이병규(토론자),임기룡(토론자) 동아대학교 법학연구소 2003 東亞法學 Vol.- No.32

激勵辭

裵鐵世(Bae Chul-Se) 동아대학교 경영문제연구소 1977 經營論叢 Vol.1 No.-