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- 저자 : 明炯植 (검색결과 24 건)
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明炯植 圓光大學校大學院 1987 論文集 Vol.1 No.-
In this paper, It is described about the Crimes Against Reputation. This Study is composed as follows. In the first chapter, I described Significance and Provisons of Criminal Law. In the second chapter, I described History and Legislative case in each nation. In the third chapter, I described protective of Law Profit. In the last chapter, I described the Type of criminal. Provisions of the Criminal Law about the Crimes of Against Reputation find as follows. ARTICLE 307. (Defamation) ① A person who defames another by publicly alleging facts shall be punished by penal servitude or imprisonment for not more than two years or by a fine not exceeding fifteen thousand hwan. ② A person who defames another by publicly alleging false facts shall be punished by penal servitude or imprisonment for not more than five years or suspension of qualifications for not more than ten years. ARTICLE 308. (Defamation of Dead Person) A person who defames a dead person by publicly alleging false facts shall be punished by penal servitude or imprisonment for not more than two years or by a fine not exceeding twenty-five thousand hwan. ARTICLE 309. (Defamation through Printed Materials) ① A person who conmits the crime of paragraph ①of Article 307, by means of newspaper, magazine, radio or other publication with intent to defame another, shall be punished by penal servitude or imprisonment for not more than three years or by a fine not exceeding twenty-five thousand hwan. ② A Person who commits the crime of paragraph ②of Article 307, by the method described in the Preceding paragraph shall be punished by penal servitude for not more than seven years or suspension of qualifications for not more than ten years. ARTICLE 310. (Bar against Prosecution) If the facts alleged under paragraph ① of Article 307 are true and solely for the public interest, the act shall not be Punishable. ARTICLE 311. (Insult) A person who publicly insults another shall be punished by penal servitude or imprisonment for not more than one year or by a fine not exceeding fifteen thousand hwan. ARTICLE 312. (Complaint) ① The crimes of Article 308 and the preceding article shall be prosecuted only upon complaint. ② The crimes of Article 307 and 309 shall not be prosecuted over the express objection of the victim. Msn yhr honorable existence which social life gave always regular valuation from society, what is honor, Individual a person has to social valuation of a character, And then this valuation is very important to social life of man as maintenance and continuance, in this paper, crimes Against Reputation is worthwhile to rightly protest honor in social valuation.
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明炯植 圓光大學校大學院 1988 論文集 Vol.2 No.-
In this paper, It is described about the Crimes Against Credit, Business and Auction. This Study is composed as follows. Ⅰ. Introduction Ⅱ. The Crimes against Credit Ⅲ. The Crimes against Business Ⅳ. The Crimes against Auction Provisions of the Criminal Law about the Crimes against Credit, Business and Auction. Article 313 (Injuring Credit) A person who injures the credit of another by circulating false facts or through fraudulent means, shall be punished by penal servitude for not more than five wears or by a fine not exceeding twenty-five thousand Hwan. Article 314 (Interference with Business) A person who interferes with the business of another bythe metod of the preceding Article or by the threat of force, shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. Article 315 (Interference with Auction or Bidding) A person who interferes with the impartial conduct of an auction or a bid through fraudulent means or by the threat of force or by other means, shall be punished by penal servitude for not more than two years or by a fine not exceeding twenty-five thousand Hwan. When it comes to the Crimes against Credit, Business and Auction, we can't help regulating the commitments of the crime by insecting some provisions in commercial transaction law in order to guarantee the free economy activities. While the Credit means social assessment on property right, the defamation of the Credit is to spoil the social credit on economy. The Protection of the Credit we used to mention makes economic life possible, the protection of the business economic activities. The articles as concerned in teh Auction and the Bid are also prepared to assure the free economy.
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金容泰,明炯植 圓光大學校 1972 論文集 Vol.6 No.-
The purpose of this study is to examine the Korean legal institution or her judicial customs generally by looking closely at their periodical characteristics from ancient times to the period of the Three kingdoms. As everyboby knows, the existing korean legal institution has come from foreign legal systems, especially the continental system from the Japanese invasion, leaving few traces of the original korean system. this succession of foriegn systems over their own ancient system must have an influence on koreans of today as to their legal thinking, even though there is no direct historical connection between the ancient institution and the existing one. The ancient Korean legal system has many simiIarities to a regular legal system as well as its peculiarities. These will provide an interesting basis for the study of comparative legal history. There have been many fragmentary surveys in the field of Korean legal history, but hardly any general systematic consideration. Needless to say, students of the history or Korean law have suffered from shortages of such data. For my purposes, I will divide Korean legal history into the four accepted historical periods: ancient times, the period of the Three Kingdoms, the Koryo Dynasty, and the Yi Dynasty, I will consider the legal system and customs of each period, attempting to relate the periodical background of each period to the different characteristics in the legal sustem. Specifically, I will discuss the systems of officials and soldiers, of taxes and education, and the legal aspects of crime, land, and marriage. The last two periods, of the Koryo and Yi Dynasty, are excluded in this study. They will be considered later.
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