연구발표 초록 ( 촉매 및 반응공학 (Ⅳ) ) : ZSM -5 및 Metallosilicate 촉매상에서의 톨루엔 알킬화 반응에 관한 연구

이창상(Chang Sang Lee),이화영(Wha Yong Lee) 한국화학공학회 1991 춘계학술발표회 Vol.- No.-

논문 : 자유주제(自由主題) : 영미법상(英美法上) 징벌적(懲罰的) 손해배상(損害賠償)의 비교고찰(比較考察)

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2010 경성법학 Vol.19 No.1

The punitive damages have been developed as a kind of remedies of damages due to torts in Anglo-American legal system. Punitive damagers on an increased scale, awarded to the victim over and about what will barely compensate him for his property loss, where the wrong done to him was aggravated by circumstances of violence, oppression, malice, fraud, or wanton and wicked conduct on the part of the offender, and are intended to solace the victim for mental anguish, laceration of his feelings, shame, degradation, or other aggravations of the original wrong, or else to punish theoffender for his evil behavior or to make an example of him. However the criminal system is not the sole means through which the punishes misconduct: the civil system also uses penal sactions. In other words, to punish the offender and to deter him and others fom doing wrongful act, civil courts can punish a defendant`s misconduct by awarding the plaintiff punitive or exemplary damages. Thereby the civil branch of the law acts to secure, more or less, the objectives of the criminal tribunal. Besides, it is easy for criminals to return to society, so I think it as the substitute punishment of imprisonment imposed frequently in Korea. Anyhow, it will be useful to deter the wrongful act with malisciousness. recklessness or wantonness, because of awarding punitives damages in the civil forum have the fuction of saction the offender. So it is desirable to try to adopt the legal theory of punitive damages in Anglo-American law.

계약(契約)없는 계약책임(契約責任)에 관한 일고찰(一考察)

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2015 경성법학 Vol.24 No.-

The contract without a contract, if not directly to the law act as a specific party, there is a case in which unexpected damage to the trading relationship between the third party has occurred. I think regard to such damages, there is a specific practical benefits for taking the structure of the contract responsibility in Korea. So South Korea should also be introduced aggressively protective effect system of third-party contract On the grounds that there is no hindrance to the victims, that it does not recognize the contracts with the protective effect of the third party, than is does not play a protection obligations to the state of the national. And that it may become expressions that let``s wait until the loophole of the larger law is displayed, there is a need for a priori rethink of law who. Precedents, delivery contracts case the fetus rights of skills acquisition for when theory of condition subsequent and obsessing a third-party contract for at one another. In addition, house owners, tenants on the Simulation, extort a meaning from the Civil Code § 758 group of responsibility on by handicraft responsibility they admitted.. In other words, a third party judicial precedents that contract is recognized for there somewhat. If the victim is asked to responsibility for illegal act, Either way, and not to deny its responsibility deal is to say that you can choose to protect the victims. Accordingly, creditor protection, contract the sake of my responsibility and responsibility for illegal act all requisite for establishment, then, having a quantum``s about recognizing all, Responsibility for illegal act and denying responsibility of the contract is to come to an implausible. Therefore Need theory the domestic implementation of the contract, which has the effect of third party protection. The potential of Korean civil law system also believe it is enough. However, it is not possible to make enlarged Han compassed protection obligations debtor indefinitely, in order to allow the contracts with the protective effect of the third party would be required certain requirements. as mentioned above, Contract obligations to third parties about the prinzip von treu und glauben the contract based on types or human range of confirmation of a field called Through the attending physician to have to agree To facilitate the classification of need.

기획주제(법학연구소 공동연구과제: 21세기 민사법학의 과제) ; 대리모계약의 논난과 법적 문제점

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2005 경성법학 Vol.14 No.2

기획주제: 21세기 공법학의 경향 : 자유논문 ; 취득시효제도의 존재이유와 판례의 동향

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2006 경성법학 Vol.15 No.2

논문 : 자유주제(自由主題) ; 영국법(英國法)의 위적료(慰籍料) 산정(算定) 역사(歷史)에 관한 일고찰(一考察)

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2011 경성법학 Vol.20 No.1

As a result of or continent or doing without all of the world, it turns and if it interprets, essence from damage it means the fact that it is compensated. Compensations for the loss from in compliance with (nervous shock) where it is the damage which it receives to be and it is to be an intangibility it was excepted from objects which are the possibility of being compensated, when possibly with situation of time it will see from the recognition which is periodic and the possibility of being natural it is. There are today to and to is to about compensation for the loss and in compliance with it tries to observe a history in compliance with the judicial precedent which is accumulated plentifully the basic rule it is established, is a possibility the flow doing yet. And from principle of foreseeing possibility it does in even about the instance where the judgment is difficult and it is applying with the fact that. Seeing from the computation history about consolation money in the British and it will be able to evaluate as from recognition of the time until entering into objects which are the possibility of receiving a compensation the recognition of the many law officers intersected and it maintained the traditional characteristic of grammatical nations and the judicial precedent was accumulated and it was become accomplished. Many time and formation of the judicial precedent which is accumulated and in compliance with various (Report) from Great Britain which is grammatical nations to lead the law in the object of compensation and, to establish and it is the place to catch. The solution person from compensatory damages encounters and they are of the law officers. From where it maintains a traditional position principles of compensation for the loss and the developmental principle which is important being to about the thing to be indicated and the various branch discussion being become accomplished, there is a possibility of knowing. The case which is a debt like minute description and there being a principle but is not recognized. It arrays the type of case damages but and individually it is recognizing with principles of compensation it recognizes from within the limit, in about next four kind items. To type of mental damage (1) pain and suffering, (2) loss of expectation of life (expectations), (3) loss of amenities (comfortable being), (4) Injury itself (those oneself).

자유주제(自由主題) ; 불법행위(不法行爲)의 성립요건(成立要件)에 관한 학설(學說) 및 판례(判例)의 동향(動向)

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2013 경성법학 Vol.22 No.-

Ancient and medieval law, any act that occurred when damage occurs on the results to be admitted liability. Modern law has a responsibility in accordance with the principles of negligence liability for damages in accordance with the established requirements to recognize the illegal determined. It needs ① Significance ② harmful act ③ loss ④ responsibility. Modern society due to the complexity and diversity of life forms is also a variety of legal actions vary accordingly tort. Thus, the law of tort theory to investigate`` the deficiencies discussed the theory and to review the cases. Conscious and scienter tort with respect to the act with conscious and act without regard to the presence or absence of responsibility to distinguish the responsibility of the tort is established that the saw. injuria illegality should be even, and who has a commissive duty and nonfeasance of duty is recognized as tort, Rechtsgutsverletzung against the legal interests of the distinction between types. there is a causal relationship between a theory of multiple criteria should debate was organized. About a harmful act(tort) and happen to infringement. Recognized in the case law and the case law tort did not admit tort, facts and precedents were summarized in the judgment of the court. In conclusion, the profound reality of the mass tort (ex: environmental pollution, consumer damage, product damage, medical malpractice, invasion of privacy) in the development of an industrial society is increasing damage. Thus, the regulatory tort, damages and damages for injuria of the required equity is getting more and more desperate. so can we meet the revised legislation and the importance of the need for supplementation significantly increased. Thus, for our civil law and case law complement the deficiencies in proposed direction of future legislation heavily importance as a source of case law to recognize trends described.

보증인(保證人)에 의한 주채무(主債務)의 소멸시효(消滅時效) 원용(援用)에 관한 일고찰(一考察)

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2011 경성법학 Vol.20 No.2

The case guarantee debt where the guarantee to regiment guarantee is become accomplished in the debt which is a schedule When the statue of limitation completes in about regiment guarantee debt, the guarantor this invocation the thing is natural. But guarantee When the aging completes in about regiment guarantee debt, the guarantor where the work where the aging is completed simultaneously in even about the principal debt is many The joint surety invocation with the thing the invocation is an indigenous invocation which is recognized the principal debt about is criticism about the principal debt. If of course the principal debt disappears in compliance with an aging completion, when the guarantor being reconciled in about guarantee debt of self to, it knows an aging completion fact and if it will be able to presume that it abandons an aging profit in compliance with an abandonment the principal debt exists as ever from relationship with the guarantor, it establishes in here and neither the guarantee debt disappears. The sample to it relates with the effect of like this statue of limitation completion and the guarantee debtor and the theory it will be able to occur from between the debtor it observes the guarantee debtor and principal debt it investigates character it does the trend of opposition and judicial precedent of theory in about the invocation it will be able to occur between the debtor. To it investigates this the judicial precedent is essential, but, our civil law it does not provide an invocation legally, because being judicial precedent of Korea introduction late summer Japanese judicial precedent logic under taking a triangular position should have been boiled in standard.

자유주제 ; 미국계약법에서 계약위반에 대한 구제를 중심으로 일고찰

이창상 ( Chang Sang Lee ) 경성대학교 법학연구소 2006 경성법학 Vol.15 No.1

美國 不動産去來契約과 判例의 動向

李昌相(Lee, Chang-Sang) 대한부동산학회 2005 大韓不動産學會誌 Vol.23 No.1

Real estate is said that a land and a fixture are representative case. However Anglo-American law s real estate law has been formed on feudalism of the Middle Ages so, it is different from Korean real estate in Continental law system. Therefore, a house in the fixture of Anglo-American law is coincident subject in the real-estate that is subordinate right so, it isn t a independent real estate but Korea is. However, Korea allows that leasing right, usufructuary right, some utilization rights can be deal with a real estate. Therefor, market forces keep a right and transference on the real estate, involving it s kind of real estate and some utilization rights, are organized the sales contract. But, all states of America that is Anglo-American country that is different from Korean law system inherit The Common Law of England, so status of fraud that is established in the statue law or case law that is established English in 1677 changed and then has applied to now. Therefor, the transaction contract of real estate is forced in writing, contract effect by shortage in writing was denied. Therefor, in this manuscript describes that a history and meaning applied writing contract system , well-founded and unfounded. But, no one suggests different opinions that sales contract on the simple ownership, settlement of mortage, creation of real-estate trust are subject to writing contract system, there are several explanations that what is subject of writing contract system about some different contract in the pattern of real-estate dealing contract. Therefor, we examine several case, search extend of the subject rationally, are based on some precedent that the side of real-estate and some kind of contract s forms. In addition, there are lots of precedents that unforced and easy writing contract system. Therefor, there are a little change, the law established about 300 years ago doesn t work in today because of the market economy principle that go with the flow. So, in some part of the law appear that it should be amended writing contract system and made legal principles. And, one of important requests that should amend writing contract system is that some precedent ease requirements of the writing and have been develop legal principles of invalidity recovering by part performance. Finally, conclusion of this manuscript is rather forces unconditioned writing contract system than define some requisite, types and objects of writing contract system for keep pace with the times , makes a system that ease writing contract system through some trustable evidence and some contracting parties declaration of intention , indicates that we shouldn t leave alone,but amend the system that contracting parties who have no legal knowledge suffer damage because of writing lack in actuality. Writing this manuscript, in Korea , real-estate market is slumped, the news flash that someone intend to buy seniority housing and building follow one after another in addition to a speculator in real estate illegal funds incoming abroad, especially America. So, we all must recognize that it s difficult to performance ,if real-estate funds come in America illegally and when real-estate contract is transacted in Korean legal concept.