이집트의 세계화에 대한 평가와 전망

장건(JANG, Geon) 명지대학교 중동문제연구소 2006 중동문제연구 Vol.5 No.-

The purpose of this paper is to examine the process of economic globalization of Egypt and analyze the performance. This paper consists of four chapters. Continuing from the introduction, in the second chapter, this paper investigates the process of economic development before the agreement of the 1991's Economic Reform and Structural Adjustment Programme : ERSAP. It is a background for Egyptian economy to accept the economic globalization. In the third chapter, this paper analyzes the process and performance of structural reform and open policy which can be the major measures for the economic globalization. And for the conclusion, this paper evaluates the overall globalization process and its performance and indicate tasks and prospects. Entering mid-1980's, Egyptian economy revealed severe problems which indicates stagnation of economic growth, accelerating inflation rate, massive budget deficit and current account deficit, distortion of controls on prices, foreign exchange and trade. Under this circumstance, in 1991 the Egyptian government positively adopted the globalization strategies advised by IMF which is based on neo-liberalism economics. According to these globalization strategies, Egyptian government is implementing a strong structural reform and open policy such as the macroeconomic reforms to curtail inflation and reduce the current account and budget deficits, the reform of financial sector, domestic price liberalization, privatization and restructuring of public sector enterprises and liberalization of foreign trade. This paper evaluates that this globalization strategy has not revealed visible accomplishments, due to the failure of cutting back subsidies, poor progress of privatization process, retaining a variety of the barriers of trade and investment. Finally this paper suggests that it is essential to carry out strongly globalization strategy such as structural reform suitable to market economy and removing the barriers of trade and investment in order to find a way out of economic stagnation.

상가건물임대차보호법상 환산보증금제도의 문제점 연구

장건(Jang, Geon),이성근(Lee, Sung Gun) 한국부동산학회 2013 不動産學報 Vol.54 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES In this study, in order to suggest ways to improve the law for the protection of small traders to investigate the problem of commercial building Lease Protection Act. (2) RESEARCH METHOD In this study, to investigate the existing literature on the issue of commercial building lease Act, by analyzing the main view of the case law and scholars of literature and research methods were chosen for obtaining a new interpretation and challenges. (3) RESEARCH FINDINGS Conversion deposit scheme on commercial building Lease Protection Act to protect the tenant's deposit within a certain amount of the rent deposit and a constant by limiting the number of tenants are excluded from the protection of the law, commercial buildings, many of these issues have been raised. 2. RESULTS Commercial building lease, the Act is not properly revive the purpose of the enactment of the first law by excluding the target, mall tenants appointed upper limit certain deposit and rent in excess of these amounts, the provisions of the law, the law applicable mall tenants' rights the conclusion emerges that can protect. Deposit scheme converted the meantime, many issues that have been raised, therefore, should be amended or repealed in order to protect the merchants' deposit.

저당권 설정 후 압류 전에 성립한 유치권자의 대항력에 관한 연구

장건(Jang, Geon) 韓國不動産學會 2013 不動産學報 Vol.53 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES Many studies concerning the problems of retention right have been conducted in the conventional academic community, but the retention right holder's preferential payment right and opposing power approved before attachment after mortgage registration has not been much discussed. Therefore, it seems that intensive discussion on this matter is in urgent need. As a result, supposing that a person holds established requirement of retention right after real rights grated by way of security, this study investigates whether the person's opposmg power will be recognized or extinguished as well as its necessity. (2) RESEARCH METHOD This study examines the theories and related prec어ents in Japanese academic community which can form the basis for the retention right holder's opposing power approved before attachment after mortgage registration by referring to Japanese literature, and at the same time it analyzes main domestic literatures and precedents including several scholars' opinions to revive new interpretation and tasks. (3) RESEARCH FINDINGS As above, this study looked into whether a retention right holder's opposing power would be recognized or not, including theories on abernahmeprinzip and acquittance approved before attachment after mortgage registration. Therefore, the retention right holder acquires the retention right approved after mortgage registration, but he/she cannot execute opposing power to mortgage holder settled in advance. Thus, to the effect that 'the theory to recognize preferential payment right and opposing power' is appropriate, it is thought that a theoretical foundation is prepared which can acquit retention right. 2. RESULTS Some problems arise in the theαy of recognition on preferential payment right and opposing power approved in updated precedents, because the right of retention which has no particular way of registration besides occupation can exercise opposing power to established mortgage in advance are come near breaking down legal order based on registration. In this case, however, with regard to the recognition of the right to apply auction to this retention right holder, 'the theory of recognition of preferential opposing power’ will be appropriate, considering the attitude of Civil Act, theories, and precedents: the constitution of retention right, other subordinated mortgage than unsubordinated mortgage, and even the lessee's right in housing lease protection act, or commercial building lease protection act are recognized.

유치권자가 신청한 경매와 다른 경매절차와이 경합

장건(Jang Geon) 한국부동산학회 2015 不動産學報 Vol.62 No.-

민사집행법 제274조 제2항의 규정에 의하여, 유치권자가 자신의 피담보채권을 회수하기 위하여 ‘유치권에 기한 경매’를 실행하더라도 언제든지 후행으로 진행이 되는 임의경매나 강제경매의 신청으로 자신의 유치권에 기한 경매절차가 정지된다면, 과연 법원실무에서 유치권자가 그 불안한 ‘유치권에 기한 경매’를 실행하려고 할 것인가를 생각해 볼 때에 이는 심히 회의적이라 볼 수 있을 것이다. 현행 민법(제320조 내지 제328조)과 민사집행법(제274조)의 규정만으로는 유치권자가 신청한 경매와 실질적경매가 경합되는 경우에 유치권자가 신청한 경매를 정지하고 후행 경매를 실행한다는 규정만을 두고 있지, 그 이유에 대하여는 명문규정과 해석이 없어서 문제의 소지가 다분히 있고, 민사집행법 제87조 제1항 및 제2항과의 충돌에 대하여도 그 해석이 명확하지가 않으므로 이에 관한 연구의 필요성이 있을 것이다. 따라서 ‘유치권에 기한 경매’의 실행으로 경매가 진행되는 경우에 후행의 절차로서 다른 담보물권을 원인으로 하는 임의경매나 집행권원을 원인으로 하는 강제경매의 경매신청 절차가 개입되는 경우, 이에 구속됨이 없이 선행의 ‘유치권에 기한 경매’는 그대로 진행이 되어야 할 것이다. 1. CONTENTS (1) RESEARCH OBJECTIVES In this study, a lien holder is competing with a bond auction and other creditors and application security right holder will apply if there is a lien holder requested a stationary and auction procedures, the After the auction shall be out the procedure is proposed that Article 274 of the Civil Execution Act to point out the injustice of paragraph 2 and an improvement measures are intended to study the issue. (2) RESEARCH METHOD In this study for the lien holder requested for research methods with a bond auction and other creditors and application security right holder will be contested if, lien holder requested a Auction procedure to shut down, and existing with regard to the auction proceedings should be submitted after the study subjects of major national literature and the foreign literature and court decisions, and The study of the views of scholars see. (3) RESEARCH FINDINGS Article 274 of the Civil Execution Act the provisions of paragraph 2, lien holder by their secured claim to recoup by a lien will expire at auction, even if at any timeAn application by the following procedure is his lien auction procedures due to expire at the auction procedure is stopped, one wonders if the court practice in the lien holder is the anxious right to apply for an auction It will try to exercise in think-tank time to think whether it is very skeptical and can see. 2. RESULTS Therefore, the right to life of the auction when auction being conducted with a request from other Lien as the following procedure shall be as a cause on the auction of procedure is performed if, Lien holder requested a will should be demonstrated just go without auction procedure is under arrest.

商街建物賃貸借保護法의 問題點 및 改善方案

장건(Jang, Geon) 한국부동산학회 2009 不動産學報 Vol.37 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES To implement the purpose of legislation to pursue, Commercial Building Lease Protection Act prescribes various exceptions concerning a commercial building and commits most of primary things to its enforcement ordinance. Eventually, I judge that the ordinance enabled the purpose of its legislation to be achieved properly on the one hand and that it was designed through considerable examination to minimize the problems raised on the other hand. Thus, I will present problems about the act and solutions to them, and explore the reality and the future tasks. (2) RESEARCH METHOD In our country, very few researches have been made in guaranteeing the status of a very poor commercial building lessee. Thus, this study which analyzed the literature on Commercial Building Lease Protection Act centering on two pieces of theses for a doctor's degree and ten pieces of treatises on the act thoroughly analyzed its theoretical system and problems and described reform measures for them in comparison with the current system. Chapter 2 in this study, therefore, constructed a legal theory of basic law on a lease contract. Chapter 4 described reform measures for solving the problems. Chapter 5 described the solution by the measures and future tasks, and formed a conclusion. (3) RESEARCH FINDINGS As studied in the above, Commercial Building Lease Protection Act includes many problems to protect very poor merchants. It is given the benefits such as enabling the merchants to stably engage in businesses on a long-term basis, guaranteeing lessors legal stability and minimizing unnecessary disputes. Thus, we will have to continuously examine relevant provisions not to excessively regulate the market function worried by some people but to establish fair trade order in the lease of a commercial building. 2. RESULTS Commercial Building Lease Protection Act for the purpose of stabilizing and protecting the economic lives of poor merchants was early enforced. The outline of this act requires delivery and businessman's registration as requirements of resistance, and requirements of resistance and reception of the seal for a fixed date at a competent tax office as request right system also came to provide even more protection for a right of lease, the right to most preferred debt was acknowledged in the guarantee money in the fixed amount or less, and lease registration order system was naturally introduced in housing lease. However, this act did not make the most of the initial legislative purposes and excluded most of the plans for protecting lessees in the legislative process. The precedent for rationally operating this act is not established. I wanted to concretize the contents of current Commercial Building Lease Protection Act seeking cases applicable to commercial building lease among the precedents established in the plans for the stability of substantial residence and economic lives of those who lease commercial buildings and Housing Lease Protection Act. I compared and analyzed the main contents of the act with the precedents related to housing lease. I suggested the direction to which to improve Korean commercial buildings lease by examining foreign systems related to lease. Housing Lease Protection Act or Commercial Buildings Lease Protection Act are all similar in that they protect the rights of lessees who can be said to be the weak socially and economically by having an exception to lease stipulated by civil law. However, the contents on the exception prescribed by the two acts have some differences. They differ in applicable object, the term of lease contract, the reasons for cancelling contract, and the reasons for rejecting the renewal of contract. They differently stipulate the value of building where the right to most preferred debt is acknowledged. This is judged to consider to some degree the side effect provoked by excessive protection for lessees and the functions of a market. But

우리나라의 부동산 선매제도에 관한 연구

장건(Jang Geon) 한국부동산학회 2006 不動産學報 Vol.26 No.-

  1. CONTENTS<BR>  (1) RESEARCH OBJECTIVES<BR>  Real estate preemption has become one system for carrying out<BR>  important land policies on public and private laws. However, the positive law in Korea has not yet acknowledged a preemptive right, but has only a preemptive consultation right, that is, a right with which a public agency can talk over the preferential purchase of the land concerned. Thus, I will explore the comparative law problems about the system and the nature, reality and future tasks of Korean preemption system.<BR>  (2) RESEARCH METHOD<BR>  Korea much lacks studies on real estate preemptive rights system. This study, therefore, focused on one thesis for a doctorate and ten academic theses about the system, analyzed the literature about it, and described its theoretical system in comparison with Korean systems related to preemption. Thus, this study began with an investigation on a comparative law in Chapter 2, explored preemptive rights in Germany in Chapter 3 and Korean systems related to preemption in Chapters 4 and 5, and described future tasks and concluded in Chapters 6 and 7.<BR>  (3) RESEARCH RESULTS<BR>  From the perspective on a comparative law, it will be said that German bonding preemption system has different legal, institutional, and structural system from Korean real estate preemptive consultation right.<BR>  2. RESULTS<BR>  Korean civil law does not have any regulations about preemptive rights and the preemptive consultation rights cannot be compared with the preemptive rights in German civil law. Korea will rely on the method of provisional registration for the preferential acquisition of a particular thing in the future. It can also examine the regulations about the preemptive rights that those with surface rights, those with lease rights, and those with hire rights can purchase the thing preferentially at the sale price when the owner wants to sell it. From the viewpoint of comparative jurisprudence, German preemptive system will be said to have different legal institutional structural system from that of Korean preemptive consultation rights system.<BR>  It is necessary to improve the preemptive consultation system by means of Korean "Law on the Planning and Use of National Land". Above all, the requirements for preemptive consultation should be improved. For example, a land owner tries to settle surface or lease rights for the third party. When one with preemptive consultation rights wants to purchase it, I think, he should consult about the purchase and sale.<BR>  Though land preemptive consultation rights need to be acknowledged for a public purpose, it is essential to protect the rights of a land owner. Rather, it will be said to be desirable to have a public agency enter into preemptive consultation insofar as a land owner wants to purchase an0d sell it.

유치권자가 신청한 경매의 법적성격

장건(Jang, Geon) 韓國不動産學會 2014 不動産學報 Vol.56 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES This study applied an auction if the lien party's legal arguments about the nature and its careful attention and destroyed the research is to investigate about. (2) RESEARCH METHOD In this study, self-lien auction application about one of the major existing literature and by analyzing case law and scholarly opinion about this new interpret ation and challenges for the research methods have been adopted to obtain. (3) RESEARCH FINDINGS If you apply for self lien auction for the auction of the rights he passed on to the buyer bid prices are very careful when you apply the drop, and that these rights should be an argument about the burden on the many practical problems due to the auction will occur. 2. RESULTS In conclusion, by a lien in the auction for the acquisition of the rights on him the attention that must be paid when you apply this argument due to the many problems will occur. Thus, it comes up for auction by a lien on the mortgage, etc. will have to destroy about.

국내 도시철도 차량을 위한 FRACAS 기반의 신인성 관리 플랫폼 연구

장건(Geon Jang),정창우(Chang Woo Chung),심동하(Dongha Shim) 한국IT서비스학회 2020 한국IT서비스학회지 Vol.19 No.3

This paper describes a study on the FRACAS(Failure Reporting Analysis and Corrective Action System)-based dependability control platform for domestic urban railway trains. There are more demands for the verification of the dependability of trains as it becomes a regulation for train manufacturers to verify the dependability recently. Train manufacturers as well as railway operators need a effective FRACAS solution to perform the verification of the dependability. Yet current FRACAS solutions have limitations to support the verification processes effectively. This paper addresses the issues of current FRACAS solutions and suggests a FRACAS framework designed for the domestic urban railway trains. Service failure scenarios are standardized using the proposed availability model to implement a more user-friendly and reliable platform. A new FRACAS-based platform for the dependability control (SCARF??) has been developed to implement the suggested framework. The detail interfaces and functions of the platform are explained. The SCARF?? platform is expected to engage the increasing demands for the dependability control successfully enhancing the reliability, maintainability, availability and safety of domestic urban railway trains eventually.

유치권제도의 문제점과 민법개정안에 관한 검토

장건(Jang Geon) 한국부동산학회 2014 不動産學報 Vol.57 No.-

경매실무에 있어서 유치권은 항상 매수인이 인수하여야 하므로 집행법원에서 경매유찰의 원인이 되며, 매각가격을 현저하게 저감시킴으로써, 경매질서를 어지럽히는 대표적인 요인이 되고 있다. 따라서 최근의 민법 개정안에서는 유치권 제도의 적용범위를 제한하는 한편 유치권의 상실로 지위가 약화된 채권자를 위해 별도의 보호 장치를 마련하는 방안을 도입하고자 하는 것으로서 다소 긍정적인 개정안으로 보인다. 다만 민법개정안에서는 등기된 부동산의 유치권을 폐지하고 미등기 부동산에 대해서만 유치권을 인정하는 것으로 되어 있으나, 이는 경매실무에서 또다시 유치권의 부작용이 발생할 것으로 보인다. 따라서 미등기 부동산의 유치권은 그 행사자체를 할 수 없는 것으로 입법이 되어야 할 것이다. 그리고 유치권자가 피담보채권을 담보하기 위하여 채무자에게 저당권의 등기 청구권을 행사하는 경우, 상대방인 채무자가 이에 대해 응하지 않을 경우 이제도는 무의미하게 될 것이다. 그러므로 유치권에 관한 피담보채권액이 진성인 경우에는 임차권등기명령과 같은 강행규정의 취지로 보아, 유치권자가 법원에 저당권설정등기 청구권을 행사함으로써 법원명령에 의하여 물권인 저당권설정등기가 될 수 있는 방안이 모색되어야 할 것 이다. 1. CONTENTS (1) RESEARCH OBJECTIVES In this study, the application of a generalized auction liens court auction process has been so many problems on the lien to study this problem for the progressive review of revisions to the Civil Code below. (2) RESEARCH METHOD In this study, about the issue of liens and existing case law, and the literature of the major research the views of scholars and, therefore, the issue of the civil law and the legislative revisions to propose future direction. (3) RESEARCH FINDINGS These amendments to the Civil Code of the opinion is not yet registered for real estate can not allow an absolute stereotype seems to be the other. Non-registered real estate surrounding the direction of these amendments on the legal dispute is just a makeshift legal, economic fail to solve the problem at all. 2. RESULTS In conclusion, a lien on the revision of the Civil Code for Non-registered real estate lien shall not be accepted. Construction lien against the bond price and the real rights can set, such as mortgage claims registered in the court system, such as a mandatory provision of the registered sex instruction should be given.

유치권의 경매에 관한 연구 : 유치권자가 경매신청권을 행사한 경우를 중심으로

장건(Jang, Geon) 韓國不動産學會 2012 不動産學報 Vol.48 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES By a lien filed against problems in the auction that looks to the discussion is rather scarce, the new thinking on this issue as a legal perspective he does not mind trying to access is necessary. (2) RESEARCH METHOD Cases filed by the lien auction and the auction about the current problems in practice to analyze and propose legislative solutions to the problems revealed. (3) RESEARCH FINDINGS To apply for a lien by the auction if the auction is in progress, as the trailing of the procedure causes other mortgages that are causing the gyeongmaena decision of the auction via the auction, if the application process, without being bound by the lien of the leading self-applied proceeds of the auction process should be the same. 2. RESULTS Article 274 states that the Civil Execution Law, Any auction under a lien and an auction under the conditions as prescribed by the Civil Act, Commercial Act and other Acts (hereinafter referred to the auction under the lien, etc.), shall be executed in conformity with the example of an auction to exercise the security right. In case where a compulsory auction against an auction procedure for exercising the security right thereto has been commenced, the auction procedure under the lien, etc. shall be suspended, and such procedures shall be continuously progressed for the sake of the creditor or the person holding the security right. In the case of paragraph (2), if a compulsory auction or an auction for exercising the security right has been revoked, the auction procedure under the lien, etc. shall be continuously progressed. Therefore, "due to a lien auction" auction or lien in force for the execution to stop it if the auction process initiated by the owner of the auction bid request and ask virtually meaningless stipulation is encrypted. Therefore, Paragraph 2 of many Execution Law No. 274, the provisions of Article 3 of the critical view of many scholars to be the subject of controversial rap, and a new perspective about this law trying to approach it is necessary to Aya.