船長의 法的 地位

나윤수(Rha Yoon-Soo),이경민(Lee Kyoung-Min) 한국법학회 2004 법학연구 Vol.17 No.-

Master is an integral part of a ship. In the case of legal problems of master, there are some questions arised to the scope of his authority to represent the shipowner and other persons with interests in the voyage. Under the Korean law when a ship is away from her home port, her master has authority to perform every act for the proper execution of the voyage. But when a ship is at her home port, a master's authority is limited to the employment or dismissal of seamen, unless additional express authority is given specifically to him. these authority of master is defined by law, and any resteiction on such the scope, whether in agreement with or by an order to the master, is of no available against third parties who enter into transactions with the master without notice of such restriction. But nowadays the master can be given instructions by the shipowner and may seek advice from him at any time. So the scope of authority of master should be changed, I think that master just have authority to employ or dismiss seamen and to perform technical act for the proper execution of the voyage when a ship is at her home port or not.

선박어레스트조약의 개정동향

나윤수(Yoon Soo Rha) 한국해법학회 1999 韓國海法學會誌 Vol.21 No.1

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피보험이익

나윤수(Yoon Soo Rha) 한국해법학회 1997 韓國海法學會誌 Vol.19 No.2

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1995년 Lloyd's Open Form 의 개정에 관한 고찰

나윤수(Yoon Soo Rha) 한국해법학회 1995 韓國海法學會誌 Vol.17 No.1

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유류오염손해배상보장법의 적용범위

나윤수(Yoon Soo Rha) 한국해법학회 1993 韓國海法學會誌 Vol.15 No.1

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우리나라 해양유류오염피해보상제도의 확립방안

나윤수(Yoon Soo Rha) 한국해법학회 1992 韓國海法學會誌 Vol.14 No.1

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퍼블리시티권의 개념과 대상에 관한 고찰

나윤수(Rha Yoon-Soo),박홍진(Park Hong-Jin) 한국법학회 2006 법학연구 Vol.24 No.-

최근 연예인 및 스포츠 스타 등 유명인을 중심으로 퍼블리시티권에 관한 관심이 높아지고 있다. 실제로 몇몇 연예인 및 스포츠 스타들은 자신들의 퍼블리시티권을 침해했다고 법원에 소송을 제기하여 승소하기도 하였다. 퍼블리시티권(the Right of Publicity)이란 사람이 자신의 성명이나 초상 기타의 자기동일성의 상업적 이용 및 그 제한을 할 수 있는 재산권이라고 할 수 있다. 퍼블리시티권은 법률적으로는 개인의 프라이버시(Privacy) 보호에 그 기원을 두고 있다. 이러한 퍼블리시티권에 관하여 미국은 1953년 Haelan 판결에서 프라이버시권과는 별개의 권리로 인정하기 시작한 이후 인격권적 성질의 프라이버시권과는 구별되는 성명ㆍ초상 등의 상업적 이용에 관한 퍼블리시티권을 재산권으로 인정해 오고 있다. 우리나라에서도 퍼블리시티권에 관한 명문 규정은 없지만, 최근 판례를 통하여 전통적인 인격권과는 독립된 별개의 재산권으로 인정하고 있다. 이러한 입법적 불비를 해결하기 위하여 2005년 11월 9일 박찬숙의원 등이 저작권법일부개정법률안을 발의하였다. 그러나 이 법률안 또한 퍼블리시티권의 개념 정립, 권리의 법적 성질, 주체와 객체의 범위 확정, 상속 및 양도의 인정 여부 등에 관하여 면밀한 검토가 필요할 것으로 생각된다. 따라서 본고에서도 법률안에서 검토될 사항을 중심으로 서술하였다. Increasing concerns on the right of publicity have been reported lately among celebrated people such as public entertainers and sports elites. Actually, there have been cases in which some wellknown entertainers and sports stars won the lawsuits they entered against infringement of their right of publicity. The Right of Publicity may be defined as a property right to use the name, portrait or other identities of a person for commercial purpose and to limit their use. Originated from the legal protection of personal privacy, the right was first recognized legally by the Haelan case in America in 1953 which affirmed it to be an independent right, separately from the personal right of privacy. Since then, the right has been considered to be a property right for commercial use of names and portraits, different from privacy as personal right, In Korea, the right has also been approved by recent precedents as a property right independent from the traditional personal rights, although no express provisions therefor are yet legally established. On November 9, 2005, Legislators Chan Sook Park et al suggested to revise in part the Law of Copyright in a move to fill the legal gap by stipulating the right of publicity. Precise studies, however, seem to be requested to define the concept of the right of publicity, specify its legal character, determine the scope of subject and object and decide whether the right can be inherited or transferred. This paper, thus, focuses on the issues to be discussed in the session for the legislation of the bill.

금융분쟁해결제도의 문제점과 개선방안

나윤수(Rha, Yoon-SOO),박강익(Park Kang-Ik),박홍진(Park Hong-Jin),이경민(Lee Kyung-Min) 원광대학교 법학연구소 2007 圓光法學 Vol.23 No.1

Financial market is where supply and demand sides trade capital through brokerage. Traditional indirect financial market such as banks and insurers along with direct financial market including securities firms serve as a channel providing capital to corporations and is actually playing a very important role in terms of building the basis for the bullish economy. For the financial market to play its economic functions properly per se provision of long term corporate capital, the investors who provide the capital and a market participant should be protected in a more transparent market environment. Therefore, it is crucial to have and run a system to resolve disputes between market participants such as financial organizations and investors quickly and fairly. Given that the complexity of the financial trade, asymmetry of information, and lack of professional training in the part of investors put them in relative disadvantage against the financial organizations, appropriate dispute resolution measures protecting the market participants such as investors while providing professional information are needed should take place. Although legal procedure has been well established as a means to resolve disputes, the issues of relevant heavy cost and lengthy time led many countries across the world to adopt Alternative Dispute Resolution: ADR which can replace the legal system. There are various forms of ADR which has been widely acknowledged: advice, negotiation, settlement, mediation, conciliation, arbitration. The standard in this process is how much a third party intervention is allowed and how strong the binding power is. Those arbitration system have replaced the legal systems as a way to solve disputes in a wide range of areas in many financially advanced countries such as the US and UK. In Korea conciliation and arbitration are favored in terms to financial dispute. The arbitration regulating legislation was stipulated in 1966. Today most of the arbitration cases are dealt with in the Korean Commercial Arbitration Board. However, arbitration as a means of securities related dispute has not been actively sought after. When it comes to securities related dispute, Financial Supervisory Service, Korea Consumer Agency, Korea Stock Exchange, and The Korea Securities Dealers Association handle the arbitration in compliance with legislation for financial watchdog, consumer protection, and securities trade. Below, I will talk more about the current status of the Financial Dispute Resolution, along with the problems and the measures for improvement.

導船士

나윤수(Yoon-Soo Rha),박수영(Soo-Young Park) 한국기업법학회 2004 企業法硏究 Vol.18 No.2

Pilot refers to length who encounter and receive license as pilot as person who guide ship to safe waterway getting into on ship in pilot waters. Pilot behaves Job continuously from particular pilot waters to plan safety of ship that sail Pilot being employed to shipowner specially encounter because captain of ship of as commanding and is supervised temporarily in labor of sailing. Pilot is not seaman but is sea company's supporter who is running grave role as a marine technician with captain by maritime law.<br/> Relation with pilot and shipowner receives employment of civil law and application of regulation about contract complementally though is decided by pilotage contract or pilotage clause There is compulsory pilotage and voluntarily pilotage. Compulsory pilotage is pilotage compelled by law and voluntarily pilotage is pilotage which shipowner(captain) selects it's availability for safety of ship<br/> Although pilot is treated as a supporter who do not have ship command and who help captain's shipping service simply But actually, it is traditional practice that pilot operates a ship directly Captain has fair knowledge about route as sailing engineer originally but can not know exactly about entry into port percentage tide of specific harbor and bay, sunken rock, obstacle of other sailing and danger of accident is ever-present. Pilot's help who is encountering simultaneously with that is sailing engineer who is in the second place to captain hereupon and know well about political outlook of harbor and bay as receiving to plan running of ship, collision etc., danger prevention and safety of ship traffic pilot system put.<br/> Regulation of commercial law is defective about pilot only and it is real condition that there is no precedent accumulated and discussion about the specific rank or responsibility is not consisting enough Therefore, clarify legal position of pilot more in this treatise and groped hangup of analysis of current legislation and specific improvement way about responsibility reversion in damage occurrence by pilot's behavior.

船舶執行 : 船舶抵當權의 實行을 중심으로

나윤수 한국기업법학회 2002 企業法硏究 Vol.11 No.-

This article deals with various legal aspects of the arrest of ships. And this article also deals with various issues on the ship mortgage and the auction procedures to carry out ship mortgage. This auction procedures to carry out ship mortgage follows the forced execution of real estate in the Code of Civil Execution. Therefore this article deals with the competent court, procedures of ship execution, examines the enforcement of ship mortgage and suggests the problems and reform measures. The rules governing the arrest of ships vary in each country as there is no international uniformity, although the International Convention on the Arrest of Seagoing Ships of 1952 and the International Convention on the Arrest of Seagoing Ships of 1999 are good attempts in trying to reach such uniformity. A suggestion to the legislation of the enforcement of ship mortgage is in the legislation of ship mortgage, the deletion of the prohibition of arrest, the revision of the admission of navigation and the certificate for no-security right and ship registration.