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양우현 ( Woohyun Yang ) 연세대학교 법학연구원 2024 연세법현논총 Vol.2 No.2
As large-scale investment losses in financial products have occurred in recent years, the extent of financial institutions' obligation to protect investors and the means of protecting investors have become major political and social issues. However, while in the past it was common for investors who suffered losses due to fund investment to file a claim for damages, investors recently claim to void sales contracts for beneficiary certificate on the grounds of fraud or mistake, seeking a return of the entire investment loss. In practice, financial supervisory agencies have made decisions requiring the sales companies to return the entire principal amount of investments to the investors, and some lower courts have also issued rulings acknowledging the beneficiary certificate sales contracts can be voidable on the grounds of mistake or fraud. Accordingly, in this paper, the Seoul High Court's decision 2014NA60608, pronounced on December 18, 2015, and 2022NA2017964, pronounced by the same court on September 21, 2023, in which investors filed a claim against the sales company for void of contract and return of unjust enrichment on the grounds of mistake or fraudm focusing on the legal status of sales companies. In conclusion, considering the legal relationship between investment trusts, which will be discussed in detail below, it is difficult to agree with the above judgment by the financial supervisory agency and the lower court, because it is not only resulted in an overly harsh result for the sales company and lacked specific validity, but also violated the general principle of civil law. Currently, both parties are appealing the 2022NA2017964 rulings of the Seoul High Court, and the appeal is currently in progress at the Supreme Court. We hope that the Supreme Court will soon pronounce new legal principles with specific validity.
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서울시 제2종일반주거지역 내 상업기능주택의 배치와 기능적 특성 - 석촌, 양재, 둔촌, 사가정 사례 분석 -
양우현,김성은,Yang, Woohyun,Kim, Sung-Eun 한국주거학회 2013 한국주거학회 논문집 Vol.24 No.5
The purpose of this study is to find out distributional principles of the shop-houses in residential district through physical composition of residential area. Through the research that are based on literature and field survey, it analysed the relation between physical composition of residential area and the shop-houses of selected four sites under similar urban condition where land readjustment project were held. The consequences of this study are summarized as follows; 1) A road that is not penetrating the inside a residential area is seemed to have low occupancy of shops comparing to other roads with similar hierarchy. And the shops functions as convenience facilities. It can be inferred from the statement above that even a road with higher hierarchy is not easy to form commercial area if without penetrating the residential area. 2) According to the size and the arranged method of Inner blocks of residential area towards major roads, distribution of shop-houses appear to be different. In other words, when shop-houses are located along the roads, the proportion of shop was higher than when located perpendicular to the roads. 3) When the number of average lots are little and the size of block is small, usually, street ratio and the number of corners gets higher, which eventually increases the number of shop-houses.
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김리원,양우현,Kim, Lee-Won,Yang, Woo-Hyun 한국주거학회 2011 한국주거학회 논문집 Vol.22 No.6
Recently the crime against elementary school students has been rapidly increasing. Under these circumstances, this study is to analyze the basic principles of Crime Prevention Through Environmental Design (CPTED) for the elementary school in urban residential area, and suggest some planning and design guidelines. Among 59 elementary schools in Pyongchon, Bundang, and Pangyo new towns, 11 distinctive schools were selected for analysis study. School cases were investigated comparatively from the viewpoints of visibility, securing of observers, activity support and reinforced territoriality on the basis of theoretical crime prevention concepts. The analysis adopts various methods including theoretical research, field study, observation, and examination of plan. Some of findings of this analysis are as follows. Most of schools rely on the mechanical and physical devices such as CCTV, gate control, or walls, which are considered to be quite passive measures and ineffective for the crime prevention. Other effective methods such as offering school facilities to the public or public space sharing with surrounding residents, for the protection of crimevulnerable students by public eyes. Therefore, in order to prevent crimes effectively, it is urgently required to analyze the environments around and in the school, and to improve physical conditions on the basis of CPTED principles.
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도시 주거지의 부지여건별 개발방법과 주택형식 제안 - 광주광역시 사례 연구 -
윤용석,양우현,Yoon, Yong-Suk,Yang, Woo-Hyun 한국주거학회 2010 한국주거학회 논문집 Vol.21 No.6
The purpose of this study is to propose a new development method for urban residential area, considering the urban site and development conditions rather than just meeting the development limit and regulations. Gwangju Metropolitan city is investigated as a case city and the new method verifies a decision process of pertinent development types and housing forms in urban blocks. The consequences of this study are summarized as follows. The process of a new development method consists of four steps; First, current conditions of the residential area of Gwangju are analysed in order to find out the site characteristics and housing development situations. And the theoretical research is made to set up the development goals and objectives, regarding current trends and future paradigms of residential development. Next, the suitable development sites are selected, and their site characteristics and relevant development types for the future are compared and matched with a close analysis. Finally some pertinent housing forms for each development site are suggested, which fit well in terms of urban context and are appropriate for building up sustainable city in the future.
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