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      • 運送人의 損害賠償 責任 : 몇개의 問題点을 中心으로

        金麟濟 忠南大學校 1969 論文集 Vol.8 No.-

        The subject of absolute liability appeared on the stage as a new principle of liability has been studied as a subject of liability of tort in civil law. However, the theory of absolute liability must be treated as a subject of commercial law. Considering that most of accident without fault occurs in the activity of enterprise, and the historic background which has been formed the theory of absolute liability, the subjects of absolute liability are specially important ones in the law of transaction. Therefore, the establishment of general theory about liability which is owing to nonfulfilment of debt connects with absolute liability, is important subject, and must be completed in the field of law of transaction in future. This thesis attempts to study some basic subjects in constructing the general theory for liability of enterprise within the limits of carrier's liability of compensation for damage. The following are the details of this thesis. (1) The substance of carrier's liability of compensation for damage. (2) The relation of carrier's liability in commercial law and the liability in the law of torts. (3) The subjects of calculation of an indemnity in carrier's liability. (4) The subjects of clause of non-liability. Therefore this thesis lays no emphasis on the systematic description about the carrier's liability of compensation for damage, but mainly on the consideration of some basic subjects of carrier's liability of compensation for damage.

      • 孝의 現代的 意味設定과 精神文化啓發

        金仁濟 제주대학 1978 논문집 Vol.10 No.1

        The aim of this farer is to purse the root of national education through moderr establishment of the thought of "Hyo". As you know, the 20th century, so-callec industrial society or highly industrial society, will bring about a mechanization of the mode of life. It reduces human labor and enhances man's facilities by extending automation of living to the utmost. If life in general should be led mechanically, the human image would change into something mechanical at the same time. Of al educational problems of modern society, the most representative is that since social disintegration is sincere, we lose control of children. As parents' and teacher's educational power are weakened, it become difficult for them to Instruct young man the norm confidently. So we will solve these problems through development of traditional culture, especially the thought of "Hyo". "Hyo" is a concept of mutual relationship based. on love given and taken between parents and children. The thought of "Hyo" was introduced through the teachings of Confucius or the "Hyo Kyung" that is confucial classic, but the thought of filial piety from ancient times combined with this "Hyo Kyung" became fixed as Korea's characteristic moral norm. Therefore "Hyo" is love from older toward younger members of a family(父慈子孝). Though this traditional moral concept changed a little because of Buddhism, fundamentals of worship of ancestor had not changed in the confucian society of the Yi dynasty "Hyo" had been educated as moral law. Therefore modern concept of "Hyo" is not revival of pre-modern "Hyo" but disco very of value and endowment of significance in which national identity is involved. To summarize modern sense of "Hyo" 1. The thought of "Hyo" is humanistic thought. 2. The thought of "Hyo" makes a great contribution to re-establishment of new human relation. 3. "Hyo" should be set it up as the aim of national education. 4. "Hyo" is to be a spiritual foundation for national consensus. 5. The thought of "Hyo" is significiant for maintaining the legitimacy of national culture. 6. "Hyo" canbe the main axis of in strategic practical movement of the "Yushin" system.

      • 퇴계의「敬」사상에 대한 연구

        김인제 濟州大學 敎養學部 1975 論文集 Vol.4 No.-

        This study is considered on his methodological characteristic and significance with special reference to the thought of Taegye's "Ching"(敬), Taegye(退溪) is a philosopher accomplished Eastern Neo-onfucianism(性理學) in Korea, He is also a scholar succeeded to the tradition of Chu-tzu's philosophy of China. However, he is not over with succeeding only to Chu-tzu's theory. On the contrary he developed not only Chu-tzu's theory more intencely, but also he practiced it by himself. Therefore, Taegye is called a practical moralist. The Ching(敬) is originated from Taegye's practical ethics. Thus the Ching consists of Taegye fundamental thought. In order to practice the Ching, he claims it to coordinate knowledge and behavior. In the way of coordinating knowledge and behavior, he put emphasis on doing Jon-Yang Song-Chal. In other words, it is to meditate ourselves and to reflect on our behavior. He considers that the wrong behavior gives rise to on account of insufficency of Go-Kyung. I think that the references like the following presentation will be helped to understand the central idea of Go-Kyung. He emphasized that both the humannature and Heaven were merely two different manifestation of one and the same principle of "Ri". According to his Neo-Confucianism, what Heaven has Conferred is called the Nature, an accerdance with this nature is called the path of duty. The path may not be left for an instant. If it could be left, it would not be the path. On this account, the Superior man does not wait till he sees things, te be Cautious, nor till he hears things, to be apprehensive. Therefore the superior man is watchful over himself, when he is alone. This thought of Ching cannt be found out the western ethics. The only one that can understand the Neo-Confucianism can be realized by experience the morality of Kyung. Today we want to be settled a value view of Neo-Confucianism once more in Korea. Thus I believe that the study of Taegye's Ching will be kept significance for seeking far a model of settling of the Neo-Confucistnism in Korea. I convince that this study will be helped forward the establishment of independence of Korean people and that will become the beginning of an effort succeeded to the cultual tradition.

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