http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
이연갑 ( Yeon Kab Lee ) 법조협회 2015 法曹 Vol.64 No.5
The public trust(“charity trust” in Anglo-American trust law) has been regulated by the Trust Act 1960 in Korea. This has been changed by the new Public Trust Act 2013. This Act stipulates special rules for the public trust. Some of them are old but detailed than the former law, others are new to our charity law. In this article, the author studies the problems of the new law, and raise policy questions. First, some of the articles need to be revised. For example, Articles 4(9) conflicts with Article 24. In Article 4(9), the settlor has to make a provision in the instrument that the trustee shall give over the trust property to another charitable corporation, charitable trust or the state when the trust fails. However, the trust property “reverts” to the named parties in the instrument when the trust fails according to Article 24. This contradictory rules are in need of correction. The appointment of “trust administrator”, who has the power of enforcement in the public trust, needs to be compulsory. Second, the new Act imports the “official custodian” from the English Charities Act. Regardless of the necessity of the new rule, the Act does not provide the proper process by which the trust property is transferred. Third, the cy-pres doctrine is virtually abolished in the new Act, and it is not a desirable legal policy. At the end of the trust, the trust property cannot revert to the settlor or the heirs thereof, or any non-charitable entities, and the trust cannot be continued by the cy-pres rule. In this regime, the settlor’s freedom of alienation is severely curtailed, and this would result in decrease of incentive to make the charity trust.
李縯甲(Yeon Kab Lee) 한국비교사법학회 2009 비교사법 Vol.16 No.1
Korea introduced the Debtor-In-Possession(DIP) to the Reorganization and Bankruptcy Law in 2005. Korean DIP is slightly different from that of the US in that we need the decision of the bankruptcy court. However, this amendment was revolutionary because this shows that we have changed our attitude toward the goal of the reorganization process. It seems that efficiency and speedy management of the reorganization cases have taken the top priority. In spite of some arguments against the introduction of this pro-debtor institute, the court allows the DIPs keep their positions in almost all the cases after the amendment. Allowing for the tenacious stance against the DIP before the amendment, the adaptability of the court seems admirable. Among the new problems presented by this changed circumstances, the author covers the basics: the status of the DIP and the relationship of the DIP with the shareholders. We have no provisions regarding the status of the DIP in the Reorganization and Bankruptcy Law. The author argues that some articles of the Trust Code should be applied to the DIP, especially the DIP's duty of loyalty. Although the DIP does not lose its status as the director of the bankrupt corporation, she owes the duty of loyalty not only to the shareholders, but also to the creditors. In the usual case of insolvency, where the assets exceeds the liabilities, the author argues the DIP owes the fiduciary duties only to the creditors. According to the Commercial Law, the directors shall be elected and removed only by the shareholders. However, after the initiation of the reorganization process, the shareholders' right to remove the directors should be denied when the corporation is insolvent, because the shareholders would no longer be real parties in interest. Therefore, the court should not permit the shareholders' meeting of the insolvent corporation. Even if the company is not insolvent, the author argues that the court should be allowed to consider factors such as the performance and integrity of the DIP, the possible influence upon the reorganization process.
연료전환 온실가스감축사업(KVER)의 감축잠재력 및 비용효과 분석
이연상(Yeon-Sang Lee),윤화영(Yeon-Sang Lee) 한국에너지기후변화학회 2012 에너지기후변화학회지 Vol.7 No.1
Korea has introduced the Framework act on low carbon, green growth in hope of controling the amount of GHG emission, through which it expects to reduce 30% of the expected GHG emission by 2020. In order to fulfill the aforementioned objectives more efficiently, all of major companies as well as small and medium-sized enterprises are required to take action for GHG emission reductions. The study has been conducted to analyze the GHG reduction potential and cost effectiveness using fuel switching methodology of the KVER project. We studied 386 companies that are currently using Bunker-C oil as their primary fuel and supposed they would replace it with LNG. The reference data for this study were the outcomes of KVER project in 2010 and energy consumption data which amounted to 3,054 digitally. Through this study, we found out that the total cost of Bunker-C oil consumption is much cheaper than that of LNG. However, when it came to the GHG emission reductions, LNG turned out to be more favorable. We learned that the practice of fuel switching methodology would result in reducing 650 million tons of CO2 emissions which is 2.6% of the amount of GHG reduction target in 2020.
이연미 ( Yeon-mi Lee ),박동언 ( Dong-earn Park ),권명옥 ( Myoung-ok Kwon ),양지인 ( Ji-in Yang ),안은경 ( Eun-gyung Ann ),지지은 ( Ji-eun Ji ) 국군의무사령부 2011 대한군진의학학술지 Vol.42 No.1
Objectives: This study was conducted to investigate the influencing factors on the functional status of the soldiers of the troops dispatched overseas. Methods: The participants were 286 military soldiers in the troops dispatched overseas. The data was collected from May, 3 to 13, 2010 by using self-report questionnaires. The instruments used were somatic symptom scale in SCL-90-R, Spielberger state-trait anxiety inventory, CES-DC(center for epidemiological studies-depression scale), family function scale, social support scale, traumatic event scale, post traumatic growth scale, posttraumatic stress disorder scale, resilience scale. The data was analyzed by using the SPSS/Win 12.0 program. Results: The functional status of the dispatched overseas soldiers negatively correlated to anxiety, while it positively correlated to family function and social support. Anxiety, family function, and social support accounted for 44.2% of the variance in the functional status of the soldiers of the troops dispatched overseas. Conclusions: The influencing factors on the functional status of the soldiers of the troops dispatched overseas were anxiety, family function, and social support. Programs which focus on anxiety management and relaxation techniques, and family or peer support systems should be developed and provided.