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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.
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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.
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