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김용구 서울大學校 國際問題硏究所 1997 세계정치 Vol.- No.21
The social sciences as a whole in the People's Republic of China are still undergoing a process of rebuilding after the ravages of the Cultural Revolution of 1966-76. The field of international law is no exception. Indeed, the development of international law as an academic discipline is still at an embryonic stage in China. This late maturing can be fundamentally imputed to the nature of the de facto dependence of the Chinese academic world on the former Soviet Union in the past. Following the Communist victory in 1949, Chinese education and scholarship in the field of international law were totally reorganized roughly along Soviet lines. Scholars and institutions of international law were deemed to be heavily influenced by Soviet theories and Marxist reorientations. Under this process, China became a paradigm case presenting the so-called 'core-periphery' problems in the academic world, i.e., Chinese inter-national law has been overwhelmingly dominated by Soviet concepts and theories. From the critical perspective of the 'core-periphery', this article attempts to analyze how China has interpreted and established its own international law theories based upon communist theories since 1949. To do this, the article is organized as follows. First, it analyzes thee way in which the Chinese scholars accepted Soviet theories of international law, especially the concept of 'peaceful coexistence', in the 1950s and early 1960s. The second section focuses on the Chinese theoretical criticism directed against the Western of bourgeois international law theories. By concentrating on this issue, this part presents the state of development and trends of the Chinese international law stuies. The third section examines why the Chinese international law studies could not help declining as a result of Sino-Soviet conflicts and the Cultural Revolution; it also provides the background to the establishment of the Chinese International Law Association. Finally, this article closes with a brief evaluation on the lesson derived from the case of international law studies in China.
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김용구 한국기업법학회 2005 企業法硏究 Vol.19 No.2
The contract of insurance is a contract of utmost good faith and the insured must disclose to the insurer every important circumstance. The circumstances is material facts which would influence the judgment of a circumspect insurer in deciding the premium or determining whether he will take the risk. If the insured breaches the duty of disclosure, the proviso of the Commercial Act §651 provides that he should be punished by reason of the breaching itself, not by causing insurance accident. Especially, the proviso of the Commercial Act §655 provides that if there is no causal relation between the insured's breach of the duty of disclosure and the out- breaking of the insurance accident, the insured is not to be blamed. But it is very eccentric and unconscionable for the insured having breached his duty to be exempted from the punishment by reason of the absence of the causal relation between his breaching and the insurance accident. It is generally accepted if the insured breaches the duty of disclosure, the insurer can not only refuse the payment of insurance money but terminate the contract. The reinstatement of insurance contract is a special institution which is widely used in life insurance. When the insurance contract is reinstated, the range of disclosure has aroused much controversy. Conclusion of this paper are that reinstated insurance contract is in law a fresh new contract, and that in applying for the reinstatement the insured are bound to volunteer anew all the informations that are material to the risk.
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金容九 서울大學校 附設 國際問題硏究所 1984 論文集 Vol.- No.8
The Soviet views on the Korean War could be summarized as follows: a) The South attacked the North: b) the Korean War is not a war between States, but it is a civil war and war of a national liberation; c) it is also an imperialistic agression against Korean Peninsular and China Mainland. The materials to which the Soviet scholars refer in order to prove the South's attack are exactly those which the North Koreans captured when they occupied Seoul. But these matrials are not direct evidences of the South's attack, but only could be used as circumstancial ones. Circumstancial evidences could be always interpretated as the users want to. The thesis that the Korean War is a civil war is to camourflage the North's attack on Seoul. It is a tool of theory to evade their responsibility in outbreaking a war. In order to prove the Soviet collaboration with the North in plotting a war against the South, it is essential to determine what sort of attitude the Soviet took at the time of 1949 and 1950. The so-called Varga controversy with Stalin exposed the fact that at that lime the Soviet Government followed a very antatonistic policy toward the West. The fact that the North could not start a war without the knowledge of the Soviets is clearly demonstrated in the recently published Soviet documents.
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金溶九 서울大學校 附設 國際問題硏究所 1982 論文集 Vol.- No.7
As is well known, the official Soviet "Defence" budget does not reflect its true military spending. It is agreed among almost all academics that it covers only the operating and maintenance costs of military establishment. Before 1976, the CIk consistently esfimated Soviet defence expenditures to be essentially the same as the o%cial Soviet "Defence" budget, plus about two-thirds of reported Soviet outlays for "Science" to account for military R&0 and the Soviet space programs. Those who rejected the official Soviet defence budget did not offter an alternative to take its place. But in 1976, the CIA doubled its estimate of Soviet military spending in 1970. Hence-forth how to assess the actual level of Soviet military spending has been the controversial subject among the specialists. Several methods, among which CIA's, SIPRI's, lISS's, and Lee's calculations are conspicuous, have been employed. This article analyses the methodological problems each method involves and their actual effects. Finally this article assesses the widespread outlook for the rising Soviet military spending in 80's.
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