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株式制度에 관한 韓ㆍ日法制 比較硏究 : 株式의 讓渡를 中心으로
徐庚林 제주대학교 1986 논문집 Vol.22 No.2
The current ccommercial code provides that transfer of a share may not e prohibited or restricted even by the provisions of the Articles of Incorporation(Art. 335, Paragraph 1). Also, the transper of a share made befor the issue of a share certificate shall take no effects on the company. But the transfer of a share made befor the issue of a share shall be valid after a lapse of six months after incoporation of issuance of new shares(Paragraph 2) The Artucle is faithful to the ideal type od stock corporation But this clause must be amended to prohibit or restrict the transfer of shares by the provisions of the board of directors Because the close company needs to restrict the transger of shares to the strange persons, and even in the case of general companies, domestic companies do not want to be controlled by foreign capital. Many legislative examples shlow us restrictions of shars. In this regard, The Commercial Code of Japan, amended 1966, Article 204, Paragraph 1, is helpful to us. This Pargraph is rational than ours.
林徐庚 제주대학 1976 논문집 Vol.8 No.1
1. How have those in the field of tourism so far used and developed the natural attractions of Cheju? I many times have visited each tourist attraction on Cheju to determine an answer to the above question. 2. In this paper it is my intention to describe mistakes this far made in developing our natural tourist attactions on Cheju and to then develop avenues of correction that I think will greatly improve over-all tourism to Cheju. 1) In every case, development ignored the unique features of attraction which not only results in producing a lack of harmony between the actual attraction and the surrounding environment but also deminishes the over all value of the attraction. 2) In some cases, we cannot recognize the real features of a specific attraction because the access route was poorly planned. 3) Those responsible for the cleanliness and continuing beautification of all sites are negligent while there are many wrong spellings and omissions of letters in the English descriptions along the simplist and easiest route. 5) Mt. Hanra is being ecologically destroyed because of the ease of access and the lack specific, well developed access trailer which permits climbness to roam at will. 3. To solve those problems and to supplement the natural attraction I make the following suggestion. 1) We urgently need a suitable museum that n-ell permit the visitor usual access to the present and past nature cultural of the inhabitants of Cheju. 2) We must have recreational facilities to supplement our natural attractions. It is important that such facilities meet the requirements of visitors as well as the inhabitants of Cheju. It is a absolute necessary to lead tourists into a longer stay on the island than is now the case and this can be done only by additional recreational facilities. 3) The present road system is utilitarian, but is not suitable in developing areas of natural beauty for tourists. We need a road system aesthetically engineered to introduce the tourist to places of interest and beauty throughout the island, mainly in the mountain areas which will in turn permit development of those areas.
徐庚林 제주대학교 1982 논문집 Vol.14 No.1
The grounds for the validity of the policy conditions are as follows; 1. The fiscal polices stated in the policy conditions are those which the competent authorities permit. 2. The contract, based on the policy conditions, should be reached by objective agreement. The above are necessary and sufficient conditions to support the validity of the policy conditions.
서경림 제주대학교 관광개발연구소 1975 관광개발연구소 논문집 Vol.1 No.-
With the industrial development and the exploitation of new sources of energy, man's effect upon the environment increased dramatically and with deleterious consequences for many other forms of life. Demand for living space and requirement of industry have caused marshes, fore-st , and grasslands to disappear and with them their associated plauts and founa. Moreover, our cultural heritage is being destroyed. People are moved about, neighborhoods destroyed, fabric life disintegrated. We need to learn much about man's basic nature and his reqgiremeuts as a bio-logical organism. The human organism needs change to operate optimally. Somet-imes we need to escape from inhuman cities. With tourism, we can accomplish these purposes and recover human nature. To achieve the policy of national tourism, we must not ignore such a character of tourism. Especially, it seems obvious to say that national tourism must be protected and enhanced by the establishment of national and local authorities using the professi-onal advisors. The authorities need t o take the following measures. 1) The development harmonized with natural beauty. 2) To protect the tourist from over-charge on tourists' consumption. 3) To advise tourism bussinessmen. 4) To give tourism education to the people for essence of tourism. 5) The maintenance of the tourist statistics. 6) Government regulation and enhancement 01 morality. 7) To strenghen the adjustment amog all authoritias concerned with rourism.
徐庚林 제주대학 1980 논문집 Vol.12 No.2
It is difficult to make categorial statements about the legal status of travel agents to their clients for the proper performence of the trave services and accomodations they sell. The significant growth of the travel agency business will birng with it an inevitable increase in the number of lawsuits brought against travel agents by travelers seeking redress for real or imagined injuries or inconveniences. As a reflection of the uncertain state of the existing law, we can only offer conclusions as to the extent of the travel agents' legal responsibilities vis-a vis their clients. These conclusions are: 1) If atravel agent engages in wrongful conduct which cause his client injury, the travel agent will probably be liable for damages. 2) When the travel agent acts as agent for a carrier, hotel, or other supplier, his liability is limited. 3) If an agent contracts on behalf of undisclosed principal-that is, does not disclose to the third party he contracts with that he is not acting on his own account but on behalf of a principal-he will be personally liable for the failure of the principal to perform. Finally, an agent may have a greater duty of disclosure to his client when acting as agent for the client. In all cases the agent has the duty to avoid actual misrepresentation, When acting as agent for the client, the travel agent may have the obligation to disclose all facts and difficulties known to the agent which involve significant risk to the comfort or safety of the client.
徐庚林 제주대학교 1983 논문집 Vol.15 No.2
The substantial limit of general conditions is the matter which inquires into the causes of trouble breaking out at the stage of its drawing up, and constructs the principle for its interpretation. The contents of general condition are limited by the grounds for its validity. The grounds for its validity is objective agreement. Therefore, the matter about its limit of its contents is how to reach objective agreement .
徐庚林 제주대학교 1987 논문집 Vol.25 No.1
The business corporation acts of many statrs in the United States include a general provision taht "the business and affairs of a corporation shall be managed by board of directors." The scope of the phrase "business and affairs" is not defined in the statutes Generally, directors are expected to formulate the policy of the corporation, and authorize the making of important contracts But, in the large publicly held corporation, the business affairs of the corporation are usually run by the full-time management, not the board of directors. Management consists of a group of highly paid executives headed by a chief executive office (CEO) who may hold the title of president, chairman of the board. The board of directors usually consists partly of management representatives (inside directors) and partly of outsiders who have full-time jobs in other occupation and whose detailed knowledge of corporate affairs must of necessity be limited In these circumstances, business management in fact rests with the corporate management not the directors The present trend appears to be in the direction of increasing the number and influence of "outside" directors The trend toward more outside directors is in part the result of widespread disclosures of corporate misconduct during the 1970s, and in part a result of pressure on corporations by the Securities and Exchange Commission and the securities exchanges to broaden their boards. Along with the broadening of boards by including more outside directors a trend has developed toward wider use of committees of boards consisting primarily of outside directors. Audit committees are now widely used; many corporations have also formed nominating and compensation committees in an effort to provide greater review of issues in these areas by the non-management members of the board.