프로야구 選手契約의 法理에 관한 小考

李淸助,金甫炫 東亞大學校 法學硏究所 2003 東亞法學 Vol.- No.33

寄與分制度에 있어서 그 問題點에 관한 硏究

이청조,김보현 東亞大學校 2003 東亞論叢 Vol.40 No.-

Civil Act has the contributory portion system to cease formal egalitarianism and realize substantial equality, while it in principle follows equalized inheritance in joint inheritance. The contributory portion system is means such a system to reflect and add contribution to calculation of his or her inheritance portion if there is(are) a person(s) among the co-inheritors who has specially contributed to the maintenance or increase of the property of the inheritee. The contributory portion does not become the object of returning of the legal reserve of inheritance. But the testamentary gift which infringes legal reserve of inheritance becomes the object of returning. It is not obvious that the contributory portion is the object of legal reserve of inheritance returning requisition or not and his contributory portion must be deducted the property which becomes foundation of a calculation of legal reserve of inheritance. There is no provision whether the value, calculated by deducting his contributory portion as determined by the Family Court from the value of property of the inheritee at the time the inheritance is commenced, shall be considered as an inherited property or not. When establishing provisions of contributory portion, I do not know whether they forecast the various legal relationship between them. But it is important that we have to know where the contributory portion system is located and how it gives an effect with relationship of testamentary gift and legal reserve of inheritance in the interpretation of this provisions.

不動産證券化의 理論的 考察

李淸助 東亞大學校 1996 東亞論叢 Vol.33 No.-

Real estate securities are the legal structure for multiple people to hold the rights to real property. These securities are the stocks or written papers representing the divided real estate rights in small amounts according to the given rate. Unlike common securities, however, they are not for the circulation in the actual capital market but for the direct provision of real estates from the capital market. As a new type of collecting industrial assets, this system is a technical measure for drawing assets from ordinary investors fixed on real estate. Now the banking organs in Korea are facing the unlimited world competition resulting from the trend of financial globalization. As the conventional or present practice will not meet the new demands, they(the academic and business circles) have recently proposed a measure of circulating mortgage. But this kind of banking item is not so strong as to tide over the interest rate liberalization and capital market opening. In conclusion, in this age of internationalization and global competition, a new financial system and new banking goods should be aggressively developed. This paper, then, suggested a probable solution or approach to the task at shake.

辯護士의 報酬에 관한 法理

李淸助 동아대학교 법학연구소 1996 東亞法學 Vol.- No.20

專門職으로서의 辯護士 責任

李淸助 東亞大學校 1987 東亞論叢 Vol.24 No.1

The attorney is a legal professional. The attorney's duty and obligation, therefore, are derived from the liability theory of the professional(LTOP). The top-rate principal of the LTOP is service for the public. This means that it is not egoism but altruism that is its essential attribute. The LTOP is based on the obligation without fault(OWF). The legal relation between the professional and the non-processional is regard as eqality relation but prescribed as the contract relation by mandate in the existing law. It is natural that at present modern citizen law be amended. The client who is a stranger to the legal profession has little notion of a high degree of professional knowledge used in it. The present writer, therefore, defines the legal relation between the professional and the non-professional as the special fiduciary relation, not as equality relation and regards the LTOP as the OWF. Consequently the LTOP is based on the OWF, its highest idea is service for the public, and on it the attorney's duty is based. Clearly the attorney as a legal professional should pursue as his first purpose service for the public, not commercalism whose first aim is to seek for profits. As mentioned above, the remuneration matter is closely related to the essence of the profession and his activity is regulated by it. Our country has brought in and exercised only the attorney system itself from aborad without comprehending its attributes to the profession, so at present the attorney regards seconomic success as his job without keeping in mind its essential duty. With result, the attorney doesn't conform to his duty, that is, service for the public including advocacy of basic human rights and realization of social justice. Under the present system of the court lawsuit principle in which the high return for his job is expected by him, the system itself is not only against the attorney's duty, but under the present unilateral attorney system the attorney himself is also losing the social significance of his presence by reducing his jurisdicstion. Taken together, the attorney should do his own duty by realizing and carrying out his essential duty faithfully.

辯護過誤에 關한 因果關係의 立證

李淸助 東亞大學校 1994 東亞論叢 Vol.31 No.1

The proving problem of Causation in the legal proceeding on Claim for Accident Compensation is generally treated as the affairs under the Proceeding Law, and then there is the legislative example regulating the general principle concerning to this of the Civial Proceeding Law, but the problem for dividing the establishment responsibility is not easy. Thus it is the general tendency not to regulate it in the regulations of proceeding but to be entrusted to the substantial law and academic theory. And the academic theory was divided into "Selbstbezeugungskraft" and "Tatsachliche Division Theory" in the former days, but today the common view takes "Selbstbezeugungskraft" that the Plaintiff has the proving responsibility. The proving Causation concerning to the Defense Mistake is that the plaintiff(Client) burdens the default and mistake of lawyer and the establishment of its causality. However, about the defense mistake, it requests the high speciality and technical character, like other professional jobs, and thus it is very difficult for the client(law outsider) to prove the causation, and it is really impossible. In order to recover the proving difficulty of client and to review "Selbstbezeugungskraft" and to make the establishment of client(Plaintiff) easy, we studied and analysed the theory of Change of Proving Responsibility and Opportunity Loss Theory by the Default Assumption Theory, as the new theory construction, and Standard of Lost Substantial Possibility and Presumption of Underlying Claim, Bifurcation of the Legal Malpractice Action. As result, the proving Casuation concerning to the Defense Mistake Action is considered to be proper rationally and logically which the defendant(lawyer) has no default and mistakes by the theory of Presumption of Underlying Claim.

[P3-42] 외톨개 모자반 추출물 청가에 의한 빵의 저장성 및 품질 향상 효과

이청조,최정수,송유진,이소영,김꽃봉우리,김서진,윤소영,이소정,안동현 한국식품영양과학회 2008 한국식품영양과학회 학술대회발표집 Vol.2008 No.10

都給建築物의 所有權歸屬에 관한 研究

李淸助(Lee Chung-Jo) 동아대학교 법학연구소 1986 東亞法學 Vol.- No.2

財産分割請求權의 基礎理論

李淸助(Lee Chung-Jo),朴敏子(Park Min-Ja) 동아대학교 법학연구소 2003 東亞法學 Vol.- No.32

외톨개 모자반(Myagropsis myagroides) 추출물 첨가에 의한 빵의 저장성 증진 및 품질 향상 효과

이청조(Chung-Jo Lee),최정수(Jung-Su Choi),송유진(Eu-Jin Song),이소영(So-Young Lee),김꽃봉우리(Koth-Bong-Woo-Ri Kim),김서진(Seo-Jin Kim),윤소영(So-Young Yoon),이소정(So-Jeong Lee),박나비(Na-Bi Park),정지연(Ji-Yeon Jung),곽지희(Ji-Hee Kw 한국식품과학회 2010 한국식품과학회지 Vol.42 No.1

외톨개 모자반 발효주정 추출물을 0.5, 1, 2% 농도로 첨가하여 제조한 모닝빵의 저장성, 품질 및 관능적 특성을 조사하였다. 6일간 25℃에 저장하며 일반세균수와 곰팡이수를 측정한 결과 저장기간 전반에 걸쳐서 외톨개 모자반 추출물 첨가농도에 의존적으로 미생물의 생육이 억제되었다. 또한 외톨개 모자반 추출물 첨가농도가 증가할수록 지질산화 억제효과가 증가하는 것으로 나타났다. 색도의 경우 추출물의 첨가 농도가 증가할수록 명도와 적색도는 감소하여 어두워지는 경향을 보였으며, 반면 황색도의 경우 농도에 의존적으로 증가하였다. 관능평가결과 전체적 기호도에서 0.5, 1% 첨가구가 무첨가구에 비해 높은 점수를 받았으며, 특히 0.5% 첨가구가 맛과 질감 항목에서 가장 높은 점수를 받았다. 이상의 결과를 종합해 볼 때 외톨개 모자반 발효주정 추출물을 0.5-1% 정도 첨가할 경우 저장성, 품질 증진 및 관능 개선에 효과가 있었다. This study was conducted to investigate the shelf-life and quality of breads made with 0.5, 1 and 2% of Myagropsis myagroides fermented ethanol extracts (MOE). The total microbial count in breads made with 2% MOE decreased to about 1.6 log cycles as compared to that of breads not containing MOE. The protection index measured by rancimat increased with an increase in the quantity of MOE in the breads. During the storage period, the pH value was not different between breads containing MOE and breads not containing MOE. The lightness and redness of the breads decreased with an increase in the quantity of MOE, while the yellowness increased. In the sensory evaluation, the breads containing 0.5% MOE were more preferred than the breads not containing MOE. These results suggest that the addition of 0.5% MOE to breads has a good effect on improving the shelf-life and overall quality.