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최옥환(Ok Hwan Choi) 중앙법학회 2011 中央法學 Vol.13 No.2
Nowadays, the various legal problems occur with the service and utilization of Digital contents according as the radical change in IT environment. The core of digital contents disputes is that has resulted in troubles is not only a small amount, but also effects on many people. That`s why the victim relinquish his right of the suit. Therefore, the solution method of dispute of digital contents has been substituted and has given a supplementary explanation diversely. A prompt resolution of the disputes in the IT industry is called upon to promote a professional knowledge to grasp the truth of what the case is about. and also, the need for secrecy in the protection of technology. Therefore, The resolution of the digital contents dispute in the traditional judicial procedure has its limit. Thus, the diverse mediation committee are established by a several laws is united to an organization. And it is considering introducing foster system of professional mediator, collective mediation, and online- contents dispute resolution. The use of digital contents has drastically increased in IT is spreading out. The new solution system of disputes of digital contents has given an active supplementary explanation.
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최옥환(Ok Hwan Choi) 중앙법학회 2013 中央法學 Vol.15 No.4
The surge in lending to households struggling borrowers debtor is growing. The legal response has been turned into a historical response. The Insolvency system in the past, initially seen as a punishment for the offender, or the deprivation of the rights in the civil law. The original purpose of the system is to economically aid a debtor that is a sincere, faithful but unfortunate person, but when we see some legal cases such as each court`s sentencing which adjudicates a judgment of a conviction under a criminal charge, lower court`s decision on the dismissal, and superior court`s dismissal of appeal of a private rehabilitative petition, we can know that the crimes due to the untrustworthy debtor`s moral laxity or hazard have been increasing gradually. The court has paid attention to private personal(individual) financial workout system steadily, and has tried to settle this system by increasing human resource, complementing computer system, developing supporting program, etc. However, it seems that the moral hazard created by an immoral debtor who abuses this program, which can damage some creditors, is likely to reach up to the level of crime. Therefore, it is necessary that changing of external situation related to rehabilitative system should be studied firstly, and the primary problem associated with it must be researched, and then some solutions will be suggested. Specific improvements include: First, the basic institutional issues should be solved. ① personal(individual) financial workout procedures available to private borrowers, whether to use personal bankruptcy proceedings, or whether the court process to use other credit recovery support system would allow the selection of debtor themselves should provide the necessary information. ② shall to avoid the moral hazard of the debtor. Second, to solve the problem of operational system ① personal(individual) financial workout process and needs to be set by the processing method. The role of the judge and Standing Trustee ② Adjust the judge must be able to lead the personal(individual) financial workout) process. ③ External Standing Trustee operation of the initial members needs to be efficiently utilized. ④ in the debtor`s principal office or place or office having jurisdiction over the debtor`s premises to apply for a court case to make it personal regeneration and repair can be the judge. ⑤ organization and manpower of the court, you need to be expanded. Third, in order to solve the problem of the law, ① income and debt should be investigated definitely. ② downturn in housing prices plunge by a lien on the disposal of the House to resolve difficult situations require answer to legislation. ③ need to the review of the collection of the guarantor. ④ the need of automatic stay system. Finally, the refer to the procedure for the discharge and the avoidance power. The debtor that is the lack of ability to repay their debt solve the problem in Debtor Rehabilitation and Bankruptcy Law and Personal credit recovery system. Due to excessive debt from creditors under the pain of excessive debt collection, which stands for the economic relief to debtors as our personal recovery and the court of public institutions acknowledge the personal bankruptcy system. Procedures which will utilize each person depending on the circumstances of the debtor carefully selected after determining that it would be desirable. In some cases, the cause of moral hazard as a means of avoiding the malicious misuse of debt may be possession. Thus, prior to liquidation personal bankruptcy for the debtor to the creditor and the debtor is trying to balance the legal and institutional improvements should be made. Though individual debtor to resolve debt through recovery and immunity, the both position should be to balance the need for management because of the loss of the creditor.
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崔沃煥(Choi, Ok-Hwan) 중앙대학교 법학연구원 2009 法學論文集 Vol.33 No.1
We experience various big and small conflicts in life. The most effective way to solving these conflicts is through a peaceful agreement between the concerned parties, and when it was difficult to reach a solution through such agreement, we have relied on the traditional method of filing a lawsuit. Filing a lawsuit, however, posed a fundamental problem both time-wise and economically. Therefore, in the search for a more effective conflict resolution method, we discovered arbitration. Arbitration certainly is not the all-around means for conflict resolution, but compared to filing a lawsuit, it allows a faster and more economic solution to the conflict. The distinctive character and advantages of the arbitration system can be applied in the municipal courts focusing on small claim cases. The municipal court was introduced in our country on September 1, 1995. At that time, most small and medium-sized cities and district regions had only the circuit court and lacked courthouses. In order to address the inconvenience of the citizens living in these regions, the Supreme Court established permanent courthouses, also known as municipal courts. Accustomed to giving quick and simple trials rather than attending sufficiently to each individual case, however, the municipal courts managing the small claims cases ended up in supplying reasons for the inhabitants to distrust the judiciary. This paper examines the national court system and the small claims procedure at the municipal courts. Furthermore it proposes a policy that will enable the municipal court to improve its judicial service through effective management of small claims cases and to concurrently build the citizens’ trust in the judiciary.
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