보통보험약관의 개정과 그 개시

이홍욱 한국상사판례학회 1986 상사판례연구 Vol.1 No.1

「中國公司法」의 特色

이홍욱 효성여자대학교 법정연구소 1997 법정연구 Vol.3 No.-

경사진 원형관내에서의 강제대류비등 열전달에 대한 실험적 연구

이홍욱,이준식,노승탁,박군철 대한설비공학회 2001 설비공학 논문집 Vol.13 No.8

An experiment is conducted to investigate the effect of the inclination angle on convective boiling heat transfer of a uniformly heated tube. The test section used is a stainless steel tube with 10.7mm in inner diameter. The heating length is 3 m and is heated directly by an AC current. The test fluid is R-113. Experiments are carried out with mass flow rates of 300, 500 and 700 kg/m 2 s, and heat fluxes varying from 5 to 65 kW/m 2 . The inclination angles of the tube are 0°, 5°, 11° and 25°, The circumferential temperature variation at low quality region and the location of dryout at high quality region are mainly observed. Circumferential anisothermality occurring at low mass flow rate and low quality conditions is gradually reduced with the increase in the inclination angle and finally disappears at the inclination angle of 25°. Critical quality where dryout is initiated is seriously influenced by the inclination angle. Wall temperature after critical quality is also affected by the inclination angle.

中國保驗法의 體系와 特色

이홍욱 한국기업법학회 2003 企業法硏究 Vol.12 No.-

The transition from a planned economy to a socialist economy has produced a series of Chines commercial law.<br/> These laws are the Maritime Code(992), the Company law(993), the Law on Negotiable Instruments(995) and the Insurance law(1995).<br/> As China adopts so-called system of union of civil law and commercial law, the Insurance Law is regarded as the special law of the civil law. The purpose of this paper attempts to introduce the process of insurance legislation and the framework of the insurance law in China.<br/> <br/> Another study is made by making a comparison between insurance law of China and that of Korea.<br/> The Insurance Law of the People's Republic of China (hereinafter "the Law 1995") is the remarkable and representative Chinese insurance law.<br/> Previous insurance legislations in China before the Law 1995 are "the Economic Contract law, 1981", "the Regulation on Property Insurance Contract, 1983", "Interim Regulation on Insurance Business Management, 1985"<br/> The role of the above three Law and Regulations has been verY important in controlling insurance market in China before the Law, 1995.<br/> The Law, 1995 are consist of two parts, that is, insurance contracts law and insurance business law which are different from the seperation system of the two part in Korea.<br/> The Chinese laws generally belong to Continental law family and the Law, 1995 is not exception.<br/> For example, duty of disclosure and representation, obligation of notification, subrogation, liability of prevention of losses, etc. are also contents of Continental insurance law systems.<br/> <br/> But Marine Insurance Contract Law which consists of one of the Marine Code belongs to that of Anglo-American law.<br/> Because of the policy of "first draft the retail and the draft the whole sale" in Chinese legislations, the insurance laws and regulations are like those of which has produced regulations and interim regulations at first, and then the law, relevant regulations etc.<br/> As far as insurance legislations of China is concerned, there are fundamental basic concepts of socialist insurance.<br/> As China will open his insurance market to the world, we watch carefully the changes of insurance market and laws.

比較法에 관한 序論的 考察

李鴻旭,權載烈 대구효성카돌릭대학교사회과학연구소 1993 사회과학연구 Vol.2 No.-

再保險(4)

李鴻旭 대구효성가톨릭대학교 1992 연구논문집 Vol.44 No.1

Reinsurance may be defined generally as a contract whereby one for a consideration agrees to indemnify another, wholly or partially, against loss or liability by reason of a risk the latter has assumed under a seperate and distinct contract as insurer of a third person, with this definition, the privity of reinsurance contract is reinsurer and insurer, and insurance and reinsurance contract is totally distinct and unconnected. It has long been assumed that reinsurance is simply one class of insurance business which has not been thought worthy of the separate analysis afforded to such classes of insurance as marine, life, liability and motor. There is, however, no uniform definition of the legal nature of the reinsurance relationship. A more through legal assesment of the relationship between the direct insurer and the reinsurer is thus required on the basis of the circumstances involved and, more particulary, the specific agreements made by the parties to a treaty. Although the legal nature of reinsurance may be different in circumstances, it might be considered the principles of "mixed contracts" in reinsurance treaties. In our country, the legal nature of reinsurance contract might be regarded as a liability insurance and our Commercial Code states that the provisions of liability insurance section shall apply to a contract of reinsurance(Article 726). Liability insurance is an insurance which purposes to indemnify the insured for damage which the insured is reponsible to third party. In principle, same legal structure is shown the above two insurances which are regarded as an insurance against liability. However, as reinsurance invariably involves two experienced business partners quite able to strike a bargain and support their own interests in a treaty, and reinsurance, in the interest of a prosperous development particularly in the international field, should not be curtailed by legal relations in its contractual flexibility, legal provisions of the commerical code for the prupose of consumer protection is not needed in reinsurance, because of its special nature and economic function, would, at least to a certain extent, require specific legal rules which would develop largely by themselves thanks to the nature of the business, special agreements made by the parties, and certain business customs. In respect of the application the provision of liability insurance section to a contract of reinsurance, reinsurance has certain special features in the matter by reason of the nature of business and its connection with liability insurance. Thus, the legal nature of the two is not always same. The important distinction etween them are, a) The former is an insurance of insurance, that is, a modification of the original contract of insurance, the latter is only an orginal insurance. b) The latter is devised to release the insurer from claim due to legal liabillty to the third party, the former is compensation only for contractual liability. In almost countries, nowhere are there comprehensive or even specific legal rules of reinsurance. Any special provisions that do exist in individual countries merely cover, in nearly all cases, minor details or the legal relations between direct insureres and reinsureres, or simply reflect certain customs of reinsurance such as the follow-the-fotunes principle. It might be said the Article 726 of our Commercial Code can not be found in any other countries. Acknowledging the differences between liability insurance and reinsurance in it's eountries. Acknowledging the differences between liability insurance and reinsurance in it's very nature, our Commercial Code revising Article 726 as "The articles of this section shall apply mutatis-mutandis to a contract of reinsurance" is presented to parliament now. But the almost articles of liability insurance can not be in fact analogous to reinsurance because of specific nature of liability insurance for the purpose of protecting the third party in the first place. This dissertation concludes with recommendations that Article 726 of our Commercial Code had better be deleted.

자동차사고로 인한 인적보상제도의 발전방향

이홍욱,김세돈 한국상사법학회 2003 商事法硏究 Vol.22 No.2

한·중 회사법상 감사제도 비교 연구

이홍욱,손영기 단국대학교 법학연구소 2014 법학논총 Vol.38 No.4

This thesis aims to comparative study on supervisory systems between Chinaand Korea. The systems of supervisors between China and Korea are, as a whole, similar to each other. The board of supervisors(supervisor in Korea) are(is) also independent from the board of directors and elected in general meeting of shareholders and they are also necessary and standing organizations which exercise their functions to check the company’s finance as well as to supervise the behaviors of directorsand manager. The board of supervisors is a committee’s type of organization composed of noless than 3 members and shall elect a convener from among the members. The board of supervisors shall be composed of representatives of shareholders and an appropriate number of representatives of staff members and workers with the specific proportion to be stipulated in the company’s articles of association. The member of supervisor in Korea is more than one man enough and single type’s organization which performs independently each other. The system of supervision in Korea are overlapped each other with many organizations such as the board of directors, supervisor and supervisory committeeetc. In China, supervisory functions divided into two parts which are the board of supervisors and audit supervisory committee with outside directors. Both the supervisory systems of Korea and China might be transplanted from Japan. while China, might be adding chinese characteristics to the negotiation withthose of Deutsch and Japan. Korea adapted English supervisory system revised from that of Deutsch. Last but not least, Chinese supervisory systems would be more independent and transparent than before by adding supervisory committee system into company law. 기업이 건전하게 유지⋅발전하기 위해서는 무엇보다 경영관리나 운영에 있어서 투명하여야 할 뿐만 아니라 효율적인 경영감시⋅감독기관을 확립하는 것이 중요하다. 특히 대자본의 조달이 가능한 주식회사인 경우에는 더욱 그러하다. 주식회사에 있어서 기관조직의 기본원리는 의사결정기관⋅업무집행기관⋅감사기관을 분리⋅독립시켜 상호간의 견제를 통하여 회사운영을 합리적으로 하기 위한 것이다. 따라서 주식회사의 기관들이 제대로 활동하여야 회사가 지속적으로 성장⋅발전하게 되고, 투자자인 주주는 물론 채권자의 이익이 보호되는 것이다. 이 중에서 경영감시⋅감독기관이라 할 수 있는 감사기관의 역할은 공정하고 엄중한 업무감사와 회계감사를 통하여 기업경영의 부실화를 방지함으로써 회사⋅주주⋅종업원 기타 이해관계인들의 이익을 보호한다는 측면에서 중요한 의미를 지닌다고 하겠다. 오늘날 세계 각국의 회사법 개정에서 가장 핵심적인 사항의 하나는 회사지배구조(Corporate Goverance)의 재편성 문제이다. 이 가운데 특히 주식회사의 경영감시⋅감독인 감사제도는 회사의 업무집행과 회계감사라는 중요한 기능을 수행하는 자리에 있기 때문에 적합한 자격을 가진 자가 선임되어야함은 물론 공정하고 합리적으로 감사기능을 수행할 수 있는 자가 선임될 수 있는 제도적 장치의 마련 또한 중요하다. 감사기관의 적정한 권한과 독립적인 운영은 회사경영의 투명성과 공정성 제고를 위해 매우 중요하다. 이러한 점을 인식하여 1990년대에 들어서서 미국, 독일, 일본 등 주요 선진국들은 감사제도에 관한 현행법상의 문제점을 분석하여 검토하였으며, 그 개선방안에 대하여 끊임없이 논의하고 있다. 한편 중국은 1970년대 말 개혁⋅개방 정책을 통하여 그 동안 장기간 사회주의계획경제체제를 유지함으로 인해 실질적으로 회사법이 존재하지 않았다. 90년대에 들어 사회주의계획경제체제에서 사회주의시장경제체제로의 전환함과 아울러 사회주의시장경제체제를 확립⋅발전시키기 위하여 신 중국 성립이후 최초로 1993년 12월에 회사법을 제정⋅공포하여 다음해 7월 1일부터 시행하게 되었다. 그 이후 중국경제는 해가 거듭될수록 더욱 발전을 하였으며, 2001년 11월 WTO에 가입한 이후부터 현재에 이르기까지 국제사회 내의 중요한 지위를 차지하고 있다. 하지만 1993년에 제정된 회사법은 급속도록 성장하는 중국경제에 대처할 수 없었기 때문에 2006년 회사법의 개정은 국내⋅외에서 예견된 일이었다. 따라서 2005년 10월 27일 전국인민대표대회(전인대라 칭함) 상무위원회에서통과되어 2006년 1월 1일부터 시행된 새로운 개정회사법은 광범위하게 내용이 수정되었다. 전체 조문 수 229개조 가운데 새로 신설한 조문 수가 41개, 삭제한 조문 수는 46개, 개정된 내용의 조문 수는 137개에 이른다. 개정 전회사법과 비교할 때 전체적으로는 11개의 조문이 삭제되었으나 그 내용면에있어서 미흡한 부분을 수정⋅보완하여 훨씬 충실하였다고 할 수 있으며, 최근에는 활발한 창업 활동을 촉진시키기 위하여 2013년 12월 28일 제12기전인대 상무위원회 제6차 회의에서 일부 법조문을 수정하여 올해 3월 1일부터 시행하게 되었다. 중국은 1993년 회사법 제정 이래 국유기업을 회사화로 전환하는 과정에서 회사기관의 건전성과 투명성이 요구되었다. 이에 따라 회사지배구조개선에 관한 문제는 2006년 회사법 개정 시 ...

油類汚染損害의 賠償保障에 관한 國際協約의 硏究

이홍욱,정영석 효성여자대학교 법정연구소 1992 법정연구 Vol.1 No.-

The Torrey Canyon incident off the English coast in March 1967 resulted in a spill of oil causing pollution damage of an extent hiterto unknown. This incident made the world aware of the need for international regimes of liability and compensation for pollution damage caused by spills of oil from tankers. following the Torrey Canyon disaster. the International Maritime Organization(IMO) convened a Diplomatic Conference in Brussels in 1969. which adopted the International Convention on Civil Liability for Oil Pollution Damage(Civil Liability Convention, CLC). This Convention lays down the principle of strict liability for shipowners and provides for a system of compulsory insurance. The 1969 Conference noted, however, that the Civil Liability Convention regime was inadequate as it might not provide full compensation regime was inadequate as it might not provide full compensation to victims of pollution damage and recognised the need for a scheme providing supplementary compensation. After futher deliberations within IMO. a Diplomatic conference was convened in Brussels in 1971. This Conference adopted the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage(Fund Convention). The fund convention sets up an international organisation, the International Oil Pollution Compensation Fund(IOPC Fund). to administer the system of compensation created by that Convention. The C. L. C. entered into force in 1975 and the fund convention in 1978. As at 15 August 1991. the C. L. C. has 67 Contracting States, and Fund Convention 45 Contracting States. Both the C. L. C. and the Fund Convention have been amended by Protocols in 1976 and 1984. The 1976 amendments were of a technical nature. The 1984 Protocols imply fundamental amendments to conventions. Referring to the contents of the above conventions. I will propose the direction of legislation for the special code of compensation for the oil pollution from ships.

중국 기업의 사회적 책임에 관한 사회책임위원회제도의 도입 검토

이홍욱,손영기 한중법학회 2010 中國法硏究 Vol.14 No.-

The concept of “Corporate Social Responsibility”was introduced in China after reform and openness Particularly, joining WTO in 2001 and the globalization of the economy have decisive effect on emerging the concept of corporate social responsibility in earnest. In China, the unique form of corporate social responsibility, which is different from other capitalist countries, had existed from the past, but has developed in a different way on the basis of the unique economy system derived from social responsibility. After corporate social responsibility was stipulated under Article 5 of amended Chinese Company Law of 2005, the discussion on the way how to impose social responsibility to a company has been carried on considerably at the various fields. Especially, the positive response of economic community to it as competitively announcing the reports on it will represent the company’s decision and actions. Chinese government and leaders also emphasize corporate social responsibility in the political document or discourse as an important issue. Overall, the discussion can be seen that a particular corporate or country tends to deal with corporate social responsibility politically, or to manage it at the international level as a strategic way. In fact, the corporate social responsibility is a macro-social responsibility basically, involving economic and political features. However, it does not regulate the specific behavior of the company effectively, as well as it does not carry effective and preventive binding measures to make miro-management decisions, though its surface feature is frightening as a “tiger without teeth.” Besides, the corporate social responsibility report each company announced has become a new type of company advertisement. In order to become it as a “tiger with teeth”, therefore, academia, economic and legal community should continuously make an effort to research on it. In China, most legal scholars still raise a question whether the corporate social responsibility stipulated in Article 5 of new Chinese Company Law could be a trial nom, because they consider that it only exists in the moral provision or legal principle. Then, how a company could realize corporate social responsibility in the process to make a management decision? A company should take priority to acknowledge the validity of corporate social responsibility as a trial nom. Based on it, the company should find rational solutions how to implement the corporate social responsibility. To establish Committee of Social Responsibility under board of directors of a company or to improve corporate governance could be one of the solutions.