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      • 논문 : 기획주제(企劃主題) ; 민사법의 제문제 : 전속계약 성격에 관한 연구(엔터테이너의 근로자로서의 성격을 중심으로)

        이범수 ( Beom Su Lee ) 경성대학교 법학연구소 2010 경성법학 Vol.19 No.2

        Exclusive contract are the extreme cases of contracts which represent diversities of modern society, and creativities and self controls of individuals. So, It is impossible for us to find the model patterns of the contracts. Generally speaking, we cant`s deny that though some contract for supply of labor in work market have standard types, most contracts are formed according to the principle of the liberty of contract and have their own distinctions and their own patterns. So every contract cant`s belong to any types of standard contracts in Civil Law. They are mixed contracts which have tow or three of qualities, in employment contracts, contracts for work and contracts of attorney. Exclusive contracts have to apply the rules which are related with the most important quality in their natures. But if they have two or three of the same degree qualities at the same time exceptionally they must apply the regulation which are related with the qualities of contracts. Most of Contract in Entertainment can be recognized in labor laws, so that they must be protected by contract of employment. And they should be by entertainers applied to social insurance laws that must properly be recognized regardless of employment forms. I would like to assert that a contract in Entertainment is contract of employment. Therefore, entertainers social must be protected by a social security system.

      • KCI등재

        엔터테인먼트 소송의 입증책임에 관한 소고

        이범수(Lee Beom-Su) 경성대학교 사회과학연구소 2010 社會科學硏究 Vol.26 No.1

        산업의 규모가 점차 증대함에 따라 엔터테인먼트 계약에 관한 소송이 증가하고 있으며, 멘터테인먼트 소송은 계약 해지, 위약금, 계약기간 등의 문제로 발생한다는 특징을 가지지만, 손해의 산정의 어려움과 비밀누설의 위험, 입증의 곤란성을 이유로 소송이 끝까지 진행되지 못하는 문제점을 가지고 있다. 엔터테인먼트 소송에 있어서 소송의 대상이 되는 정보가 전속사에 집중적으로 편재되어 있는 경향이 강하고, 계약내용이나, 업무의 진행 부분이 전문적인 내용을 포함하고 있어 연예인이 피해자인 경우 전속사의 과실이나 인과관계를 입증한다는 것이 매우 곤란하다. 따라서 소송의 적정ㆍ공평의 이상을 실현하기 위해 일반적인 민사 소송의 경우와는 달리, 특수한 형태의 소송인 제조물책임 소송, 환경 소송, 의료과오소송에서 다루어지는 입증책임 경감 및 완화에 관한 이론을 엔터테인먼트 소송에서도 적용하여 인과관계에 관한 입증책임의 경감 및 완화를 인정할 필요가 있다고 본다. As the size of industry is gradually increasing, lawsuit in entertainment contract is also increasing. The lawsuit in entertainment industry has characteristics to be caused by the contract termination, penalty and contract period. However, it also has problems that cannot be progressed by the reasons of difficulty in the calculation of damage, risk of secret leakage and difficult of proving. In the case that entertainer is a victim, it is very hard to prove the default of captive company and its causal relationship as the information for the lawsuit is likely to be mal-distributed to the captive company and contains professional contents in contract and its business process. Therefore, to realize appropriateness and fairness contrary to civil suit, it is necessary to mitigate and ease burden of proof for the casual relationship by applying the theory to mitigate the burden of proof to the entertainment lawsuit which is applied to the special type of lawsuits such as product liability litigation, environmental litigation and medical litigation.

      • KCI등재

        연예인과 관련된 분쟁에서 중재제도의 활용에 관한 소고

        이범수(Lee, Beom-Su) 한국재산법학회 2010 재산법연구 Vol.27 No.2

        The growth of recent entertainment industry is being very quickly, and creating the astronomical wealth. It has positive aspects of industrial growth but also negative aspects with the dispute increased as the scale of profit. So it is necessary to find the rational solution for the dispute. Generally, the best solution for the dispute is the mutual agreement of the parties, and then the parties mutually agreed by the third party, and the last option is that the parties determine through the judge or the dispute settlement procedure. However, in case of such ways impossible, it should be solved by the court process. The last resort to solve entertainment disputes in Korea is mostly made by litigation, and not the other solutions highly considered. Some problems are indicated to solve entertainment disputes through litigation. First, it is indistinct which law theory should be applied as impossible to make the general definition of legal nature of the entertainment contract. Second, it is hard for the entertainer to prove the causal relationship to be the relative weak for the judgment without recognizing the industrial nature of entertainment, and that the solution of decisiveness through the litigation gave the parties no satisfaction. Therefore, the need of finding the solution more reasonably than through litigation has become influential, the solution of disputes presented for such a reason is the alternative dispute settlement system. The arbitration is newly presented solution as it is quick, and economic for the problems such as the delayed solution of disputes, excessive cost, technical intractability of court proceeding indicated as the entertainment litigation problems, and the inappropriateness and expertise of court proceeding for specific disputes, and fit to the specific solution of disputes. The arbitration is characterized by the possibility not to employ the lawyer, reduce the procedure according to the fact finding solved by the mutual agreementof the parties than the law about evidences, exclude the possible court intervention in the dispute resolution process, respect the decision of the parties, make the free dispute solution with minimum solution of disputes, help the trade secret information or the personal secret maintain with a rule to put the privacy in secret. And, it has the merit to be used even in the international entertainment dispute in the future. The reason why the alternative dispute settlement system is recently being gotten more sympathy and continuously discussed on its use even in the Fair Trade Commission is because it is expected to offer the parties more harmonious means. To grope for the new way to solve the dispute means also that our values are being changed. Therefore, some specific way is not fit to all the dispute solutions, but it is right to select the relevant solution according to disputes and parties’ characteristics. When selecting the relevant conflict resolution, it is necessary to consider the relationof parties, financial situation, need for confidentiality, urgency for conflict resolution, etc. Therefore, it is not desirable to depend absolutely upon the discretion of the court though the conflict was occurred, and it is thought more suitable and reasonable for the parties in the entertainment industry to use the alternative dispute settlement system for the specific conflict resolution, the active use of which will be necessary for the entertainment conflict.

      • 기화주제(企畵主題)(민사절차법의 문제점과 그 해결방안 ; 양육비 이행확보를 위한 법률과 개정안의 적정성에 관한 연구

        이범수 ( Beom Su Lee ) 경성대학교 법학연구소 2013 경성법학 Vol.22 No.-

        We have divided a number of bills for child support enforcement into three parts: improvement of consultation divorce, reinforcing existing law for child support enforcement and child support enforcement by prepayment of child support. In consultation divorce procedure, which takes up 80% of total divorce in Korea, if the obligation to submit written agreement about child support given as executive power is introduced, all problems related to child support which are occurring now would be reduced to a great extent. However, it doesn``t mean that all the problems are solved when such decision about child support is settled. Consequently, there still is a necessity to reinforce the present bill about child support enforcement, and child support payment order, provision of security, and increasement of negligence fine might be the efficient measures. Also. a systematic device should be accomplished which could estimate the asset of child support obligor. Even if the child support enforcement IS contrived through improving consultation divorce or reinforcing current law punishment. there might be a limitation still remained for an access at the personal level. Minors have the right to be fostered and to grow up under the best protection of the parents and the nation until they can take a social role as an individual. Furthermore. for a more precise and efficient law, there should be standard of child support spent for each age groups and when the child support in accordance with the standard is not sufficiently procured, then there should be a payment supply from the nation for child support. Aid to child support is a system that needs to be improved since it is related to the children``s right to live and it should never be delayed further.

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