채권자취소권 행사의 제척기간에 관한 판례의 동향

이정향(Lee Jeong-Hyang) 한국재산법학회 2007 재산법연구 Vol.24 No.2

  A lot of insolvent obligations have been produced since the economic crisis. In the process of collecting debt, Banking facilities and creditors have increased rapidly lawsuits for the revocation of the fraudulent or wrongful acts against debtor"s assets already conveyed to others. In our civil law, there are only two provisions and requirements and effects leave to the interpretation of a court. Especially, 406 provision- 2 clause indicated the period of action for the revocation of the fraudulent act is limited; the right of action could be exercised within one year when the creditor knew the cause of action, within five years from the day when doing legal actions. While there is no argument that the nature of the period is considered the period of prescription, the period is too short compared with the period in other legislations. To limit the period of action prevents the bona fide purchaser from lawfully unstable status for a long time.<BR>  The day when the creditor knew the cause of action, one year period, is the matter of the creditor"s mind and there are arguments what kinds of creditor"s action would permit to apply this clause. After the economic crisis, the lawsuits for the revocation of the fraudulent or wrongful acts have been increased and there is no other ways but proving the debtor"s good faith. The overruling of the original sentence has been increased because the court has lately extended the range of the clause to permitthe fraudulent or wrongful acts.<BR>  Consequently, this article examined that the short-term period of prescription would begin at which stage of assets inquiry and the process of collecting debt from debtor, based on the Supreme court case, related cases of lower court, and cases in Japan. The recent decision of the Supreme Court suggests the standards of judgment; ① whether the creditor is an individual who has no access to the debtor"s assets or financial institutions that run inner rules and a special team for insolvent obligations or have the right of information access, ② according to the amount of the creditor ③a perception of special relation with the debtor and the beneficiary.<BR>  The Supreme court ruled that the creditor knew the cause of revocation if the creditor, banking facilities, investigated the debtor"s assets based on the rule of management for credit after occurring the default. Thus, this decision gave some meaning. For the right of the creditor"s revocation, the court"s trend is that the court permits the creditor broad right to take back the amount of the creditor from the debtor"s asset and tries to come to an early conclusion to protect stable transactions.

계약(契約)의 책임구조(責任構造)에 관한 재고(再考)

이정향(Jeong Hyang Lee) 중앙법학회 2007 中央法學 Vol.9 No.3

This article focused on "contract" that causes the credits` the debts in discussing the theory of responsibility of a contract, examined and compared traditional theories with the contents of a contract, and discussed how the contents of a contract affects the theories of law that deal with the problems when there was a default. The theory called the new theory of responsibility of a contract analyzes the theory of responsibility of a contract, focusing on contract. Base don the theory, this artic le will study ````a claim of fulfil1men t", "default", "the effect of compensation for damage", "disso1ution" in order. To sum up, the contents run as follows. First, a claim of fulfillment in the traditiona1 theories was directly based on the credits but it in the new theory of responsibility of a contract is the means the parties can take adequate interests or value by contract. In other words, a claim of fulfillment is considered as one of remedy. Second, a reason for fault by the default in traditiona1 theories was considered the same as bad faith and negligence of a debtor or the theory of faithfulness, but "a reason for fault" in the new theory of responsibility of a contract was defined itse1f as failure of performance under contract. Then, the issues of a reason for fault have been re1eased from the dogmas of the liability for negligence Such release from the dogmas of the liability for negligence can be seen in the compensation for damage. In other words, while a party occurring injuries and damages to other parties has a liability for the injury and the damage s in traditional theories, in the new theory, a party neglecting the performance of a contract also has a liability base don the binding power of a contract so the principle of the liability for negligence does not separate from it. Third, in connection with dissolution, traditiona1 theory understood the disso1ution system as a liability for default and the dissolution play. the function of discipline to give disadvantage to the non-performing party so it also needs "a reason for fault" as well as the compensation for damage. The new theory of responsibility of a contract, however, understood the disso1ution system to free from the binding of contract so it should separate from the compensation for damage. Like this, the new theory of responsibility of a contract has not accepted sufficiently its completion because it tries to solve problems based on specific terms in contract or parties` choices by grounding "pacta sunt servanda "(a contract must be kept) or the binding power of a contract. However, the traditional theory in the type of consequence obligation admitting a reason for fault by de fault can explain reasonab1y that if the re is non-performance, there is a reason for fault without a reason for excuse. That in type of means obligation also can explain the decision of non-performance and reason for fault and opens the new possibility of reorganization for the construction of the responsibility in contract. In practice, this theory can he1p to find substantial truth and lead to examine care fully parties` intention without going through the theory of the default.

한국 이주 노동자의 “사이버 공동체”에 관한 연구

이정향(Lee Jeong Hyang),김영경(Kim Yeong Kyeong) 한국지역지리학회 2013 한국지역지리학회지 Vol.19 No.2

본 연구의 목적은 한국 이주 노동자의 근접성 없는 공동체 중 사이버 공동체의 특성과 공동체에서 형성되고 재생산되는 사회적 자본과 한국 사회에서의 문화적응과 관련성에 대한 고찰이다. 연구 결과 이주 노동자 사이버 공동체 참여 특성에 의하면 민족 단위의 사이버 공동체와 비 민족 공동체 간에는 응집의 강도(强度), 공간 제한성, 외부 사회와의 연결성 등에서 차이가 나타났다. 민족단위의 공동체는 ‘국지화된 공동체’ 유형의 특징을 보이고 있으며 주된 참 여 동기는 협업과 공유 보다는 구성원 간의 ‘소통과 친목, 교류’ 등이며 이를 위해 소통·관계형 매체를 주로 이용하는 것으로 나타났다. 이에 비해 비 민족 단위의 공동체는 ‘통합형’ 유형의 특징을 지니고 있으며 ‘필요한 정보를 획득하기 위해서’ 참여하는 비율이 비교적 높으며 가입 절차의 까다로움이나 한국어로 정보가 제공되는 점 등이 참여의 어려움으로 부각되고 있다. 사이버 공동체 내부에서 이주 노동자 속성에 따른 사회자본의 유의미한 추의는 보이지 않았으나 사회자본 요소인 신뢰, 규범, 네트워크, 정치 참여의 네 범주는 서로 유의한 관련성을 보이고 있다. 사이버 공동 체 사회 자본이 한국 사회에서의 통합형 문화적응에 정비례적인 영향력을 가지는 것으로 나타나고 있으며 특히 이주 노동자의 사이버 공동체에서 형성되는 정치 이슈 토론, 개인(인권) 문제 토로, 시민운동 참여 등이 다문화사회에서의 문화적응과 밀접한 관련성이 있음을 보여주고 있다. 이와 같은 연구의 결과로 한국 이주노동자의 사이버 공동체가 한 국의 원 문화와 이주 문화가 소통하고 통합되는 부분에서 중요한 매개로 작동되고 있음을 알 수 있으며 향후 긍정적인 사회. 문화적 호명의 대상이 될 필요성이 있음을 확인할 수 있다. This study aims to investigate the characteristics of cyber communities composed of migrant workers from communities without propinquity in Korea. Its methods are both qualitative and quantitative. It further seeks to discover the relationship between the social capital formed and reproduced within these cyber communities and participants` cultural adaptation to Korean society. The study revealed that ethnic and non-ethnic communities differed in terms of strength of cohesion, space constraints, and links with the outside world. The former showed characteristics of a localized community type. The main motivations for migrant workers` participation in the ethnic cyber community were communication and friendship rather than cooperation and sharing among members. They usually used cyber communication media to communicate with one another. Conversely, the latter showed characteristics of an integrative type. Despite the difficulties in applying for membership and information provided in Korean, a high percentage of migrant workers participated in the community to obtain crucial information. The results did not show a significant correlation between social capital and migrant workers` traits within the cyber community, while a strong correlation emerged among four factors of social capital: faith, norms, networking, and political participation. The study showed that social capital in the cyber community was in direct proportion to an integrative type of cultural adaptation to Korean society. In particular, there was a strong connection between the cultural adaptation exhibited by members of the migrant subculture and their participation in discussions on political issues and human rights, with some migrants even functioning as agents of social change as participants in citizens` movements. The findings suggest that the cyber community facilitates the migrant subculture`s communication with and integration into the indigenous Korean culture. Migrant workers` participation in the cyber community is therefore validated as an instrumental practice for members of this subculture to adapt to Korean society.

현행 이혼법의 문제점과 제도적 보완

이정향 ( Jeong Hyang Lee ) 대구가톨릭대학교 사회과학연구소 2003 사회과학논총 Vol.2 No.-