만명소품 관계 주요저술 판본고

이제우 중국학연구회 1994 中國學硏究 Vol.9 No.-

중국어 수사법의 학습과 교육

이제우 중국어문논역학회 2004 中國語文論譯叢刊 Vol.12 No.-

주택임대차의 갱신과 임차인의 해지권

이제우 한국토지법학회 2023 土地法學 Vol.39 No.2

2020년 여름에 신설된 주택임대차보호법 제6조의3 제4항은 “제1항에 따라 갱신되는 임대차의 해지에 관하여는 제6조의2를 준용한다.”고 규정하고 있다. 그 결과 임차인은 임대인이 거절의 통지를 할 때까지 기다릴 필요 없이 법정기간 동안 적극적으로 갱신의 의사표시를 하여 임대차를 갱신할 수 있게 되었다. 그런데 최근 부동산 시장이 침체기로 전환하면서 임대차의 해지에 관한 분쟁이 본격적으로 발생하고 있고 이에 따라 관련 하급심 판결이 나오기 시작했다. 최근 선고된 3개 판결 가운데 2개에서는 임차인이 명시적으로 갱신된 임대차를 해지할 수 있다고 인정한 반면 한 판결에서는 해지권을 부정하였다. 해지권의 행사를 인정하지 않은 판결에서는 임차인이 계약갱신을 요구하였고 당사자 사이에 계약기간에 대한 합의가 있었다면 갱신된 임대차를 해지할 수 없다고 판시하였다. 제6조의3 제4항의 입법적 타당성은 논외로 하더라도 주택임대차보호법의 제정이유와 2020년 개정 취지, 제6조의3과 기타 관련 규정의 문언적·체계적·논리적 해석 결과, 해지권의 본질 그리고 계약갱신요구권을 행사하는 상황에서 계약기간에 대한 합의가 갖는 의미를 모두 고려하면, 임차인의 적극적인 의사표시로서 갱신된 임대차에 대하여 그의 해지권을 원칙적으로 인정하는 것이 타당해 보인다. Article 6-3, Paragraph 4 of the Housing Lease Protection Act, which was newly introduced in the summer of 2020, stipulates that “Article 6-2 shall apply mutatis mutandis to the termination of a lease renewed pursuant to Paragraph 1.” As a result, lessees can renew leases by actively expressing during the statutory period their intention to renew, without having to wait anxiously until the lessor decides to notify them of their intention of refusal. However, given the recent downturn in the real estate market, disputes regarding termination of leases have begun to arise, and as a result, lower court rulings are now beginning to be delivered. Of the three recent rulings, two recognized that a lessee could explicitly terminate a renewed lease, while one denied such a right. In particular, in the ruling that did not recognize the right to terminate, it was held that even if the right of renewal was exercised, the lessee's right to terminate could not be recognized if there was an explicit agreement between the parties in respect of the contract period. Considering the purpose of the enactment and amendment of the Housing Lease Protection Act, the literal, systematic and logical interpretation of Article 6-3 and other related provisions, and the nature of the right of termination and the right of renewal, this paper comes to the conclusion that as a rule the right to terminate a renewed lease can be recognized despite the lessee’s exercise of the right of renewal under Article 6-3.

러시아연방 민법전의 전면개정 -기본원칙과 관습법을 중심으로-

이제우,명순구 법조협회 2014 法曹 Vol.63 No.8

Currently the Russian Parliament is embarking on a complete refrom of the Civil Code of the Russian Federation. Several parts of the Civil Code has already been amended among which include articles stipulating the principle of good faith, the principle of the prohibition of the abuse of rights and customary law. This signifies that there has been a major shift in the approach towards the fundamental principles and the sources of civil law in Russia. The ongoing amendment process is critical in that the comprehensive revision of the Civil Code may point to the end of the long transition phase in Russia from civil law based on the legacy of Socialist law to one founded explicitly on the freedom of market and the autonomy of individuals. The current amendment is also essential in readjusting the crucial balance between legal stability and judicial justice in Russian civil law. The present article studies inter alia the reasons for the previous absence of the principle of good faith in the Civil Code of the Russian Federation, how the principle of the prohibition of the abuse of rights was applied and interpreted in Russian civil law, why customary law was only partially recognized up until now. Given that the particularities of modern Russian civil law can still be attributed to the legacy of Socialist law much attention is given to the doctrine and case law of the Soviet era. Research on how the principle of good faith, the principle of the prohibition of the abuse of rights and customary law were developed in Soviet law reveals that socialist ideology and legal thinking were the critical factors that decided their nature and scope of application. Even after the Civil Code of the Russian Federation was adopted in the mid-1990s norms stipulating the above practically remained intact. However the need for their revision became evident as legal relations became more complex and reflected values other than those that existed in the past. Hence the current amendment is focused on addressing these problems. Also, the article provides an assessment of the current amendment along with comments on the prospects of future development in the realm of civil law in Russia.

중국어 수사법의 학습과 교육

이제우 중국어문논역학회 2004 中國語文論譯叢刊 Vol.12 No.-

Legal Challenges in Uniformly Regulating Administrative Mediation in Korea

이제우 한국집합건물법학회 2021 집합건물법학 Vol.37 No.-

There is no overarching framework for the regulation of administrative mediation in Korea. The ever–growing number of mediation bodies is increasingly creating a dizzying landscape that defies coherent and uniform regulation, which in turn is leading to a considerable degree of unforeseeability and uncertainty. Admittedly the path towards introducing a legislative act that can uniformly govern administrative mediation is full of challenges. However many of these challenges may be reduced significantly by limiting the scope of application of uniform legislation, by excluding court-annexed mediation, and preferably also private mediation. By solely targeting the regulation of administrative mediation, the legislative act can focus on the special nature and particularities of administrative mediation in Korea. Also, whatever approach is taken towards the uniform regulation of administrative mediation, the key to success will lie in legislative minimalism. Legislation should almost exclusively focus on preserving the voluntary nature and flexibility of the institution of mediation. With the exception of a few essentials, everything else may and should be separately regulated by the relevant legislative acts that also constitute the basis of the individual administrative mediation bodies. Aside from this, mediation should maintain its defining trait as a consensus-based method of dispute resolution. Elements that run counter to the voluntariness of mediation should be reduced to a minimum. The initiation and completion of mediation should in principle be the result of the explicit expression of the parties’ intention to that effect, with possibly recognizing a slight compromise in respect of initiating mediation. Also, it is desirable to recognize the legal effect of a mediation agreement as a settlement agreement (compromise) under the Civil Code, and not a settlement in court. Based on this, a mediation agreement should as a rule be unenforceable, unless there is explicit agreement by the disputing parties as to its enforceability.

우리 민사법상 위험책임에서의 손해배상범위에 관한 비판적 고찰

이제우 한국민사법학회 2015 民事法學 Vol.70 No.-

In modern tort law fault-based liability and strict liability (or more specifically Gefährdungshaftung) enjoy equal status. However that is not the case in Korean tort law since the Korean Civil Code was enacted under the overwhelming influence of the principle of fault liability. The fact that numerous special acts regulating strict liability outside the Civil Code also lack theoretical strictness does little to rectify the situation. Therefore it is necessary to reinforce the theoretical foundations of the institute of strict liability in Korean tort law. First, Art. 763 of the Korean Civil Code should be amended. Currently it applies Art. 393 which is a provision on determining the scope of compensation for damage caused in contractual relations. Since Art. 393 stipulates that damage must have been foreseen or was foreseeable in order to be compensable it contradicts the nature of strict liability. Strict liability is, by definition, imposed regardless of whether there is fault or not, and yet the application of Art. 393 would effectively result in requiring fault in order to hold the tortfeasor liable. Second, the introduction of liability caps on the amount of compensation should be considered as a possible means of limiting strict liability. Also, it would be well advised to exclude foreseeability among the various circumstances that are considered in applying the theory of adequate causation. Otherwise the scope of compensation would depend on the attributes of the tortfeasor and not the nature and extent of danger. Third, applying a theory of comparative negligence in strict liability results in comparing negligence on the part of the victim and the tortfeasor. This contradicts the essence of strict liability. Instead, a theory of comparative danger may be considered. According to this approach it is the degree to which the victim and the tortfeasor contribute to danger that should be subject to comparison. Fourth, special acts regulating strict liability in Korea leave much to be desired with regard to stipulating liability for dangerousness. Too many exceptions and restraints are introduced into relevant legal provisions making the scope of application of strict liability too narrow. Legal reasoning, not legal policy should form the foundation of enacting such acts.

明刊本 王納諫 編 《蘇長公小品》 연구― 晩明 시기 ‘小品’ 용어의 출현과 개념의 형성

이제우 중국어문논역학회 2019 中國語文論譯叢刊 Vol.0 No.44

Wang Najian in the Late Ming明 Dynasty period was the first to use the term ‘Xiaopin小品’ as the title of a literary anthology. He named the literary anthology written by Su Shi蘇軾, the great writer in the Song宋 Dynasty, which he had chosen in the context of ‘Xiaowen-Xiaoshuo小文小說’ aimed at personal pleasure value relative to ‘Chongrong-Dapian舂容大篇’ for the purpose of economic pragmatism. The concept of ‘Xiaopin’ first presented in 《Su Changgong-Xiaopin》 by Wang Najian was developed into a collection of distinct literary-oriented Xiaopin containing works of contemporary writers, and had a great impact on the Late Ming literary world until the end of the Ming Dynasty by striving to renovate archaism style. This thesis is a preliminary study of the demonstration of literary characteristics of Xiaopin in the Late Ming Dynasty, and is aimed at identifying the literary characteristics and style of 《Su Changgong-Xiaopin》 by Wang Najian, and its value and contribution to the development of the contemporary Xiaopin in the Late Ming Dynasty. 문학선집의 題名으로 ‘小品’이란 용어를 최초로 사용한 明人 王納諫(字 聖兪, 號 觀濤, 萬曆35年 進士)은 사회적 경세실용 목적의 ‘舂容大篇(典雅한 大作)’과 상대되는 개인적 쾌락가치 지향의 ‘小文小說’의 의미로 자신이 選評한 宋代 文豪 蘇軾의 문선집을 ‘小品’이라 명명했다. 이렇게 왕납간이 《蘇長公小品》에서 처음으로 제시한 ‘소품’ 관념은 이후 晩明 당대 작가의 작품을 수록한 특수한 문학취향의 각종 소품선집으로 계승 발전되어 당시의 의고주의 문풍을 쇄신하려는 새로운 문학창작의 시도로서 明朝가 막을 내릴 때까지 만명 문단에 큰 파장을 일으켰다. 본고는 만명소품 작품 성격의 규정에 대한 사전 연구로, ‘前人小品’으로서 왕납간 (편)의 《소장공소품》의 작품 성격과 풍격 특징, 만명에서의 효용과 가치 및 만명 당대 소품의 발전에 대한 영향과 공헌 등을 일별하는 데 목적을 둔다.

「聲律」과 중국고전산문의 감상

이제우 중국어문논역학회 2001 中國語文論譯叢刊 Vol.8 No.-

‘Payment for Breach of Contract (neustoyka)’ in Russian Civil Law

이제우 전북대학교 동북아법연구소 2022 동북아법연구 Vol.16 No.3

Non-performance and improper performance of a contractual obligation inevitably give rise to important legal matters, the most critical of which is ‘payment for breach of contract’. Although the requirements for being subject to ‘payment for breach of contract’ usually depend on the specific terms agreed to between the parties, the legal system to which the parties belong may also play a crucial role. In this respect, the institution of ‘payment for breach of contract (neustoyka)’ in the law of the Russian Federation deserves particular attention, since it is in many ways unique, especially when compared to other major countries in the Romano-Germanic civil law family, including Korea. Given the potential increase in disputes arising from non-performance or improper performance of contracts due to the armed conflict in Ukraine, now is the time to gain insight into the relevant legal institutions in Russian law. This will not only enable a better understanding of the important aspects of Russian contract law, but also serve to provide meaningful implications for Korean law regarding ‘payment for breach of contract’. Of particular interest is the question of reducing the amount of ‘payment for breach of contract’, since this is one area that is being actively discussed in Korean jurisprudence.