不法行爲法上 原因競合에 있어서 立證責任負擔

이청조,하윤수 東亞大學校 大學院 1993 大學院論文集 Vol.18 No.-

Accordingly, this study is to consider the law principle of responsibility centering around the case in which the burden of proof are concurrent together, which can cause the problems. From the above discuss, the Norm is the theory in which the burden of proof results from the inapplication lf law, and the burden of proof is decided by the abstract proposition of the substantive lw to apply the allotement. In these days Art 750 of current civil code prescrive about tort law that the liability ofr damages is solved according to condicio sine qua non of the intereaction of cause and effect. It is thought to be not grasped with cause for liability, but based on livability for effect. This thesis intend to point out the questions comparing relations Art 750 and Art 373 of current civil code which a plaintiff is entirely responsible for effect of damages. But considering the point that causes for an illegal act compete, a plaintiff is not only made to be entirely ilable for demages, aa defendant is but also made to, when he has liability for illegal cause, on the base he is ilable for the cause. The intent of this thesis is to point out that it corresponds to the principle of the impartial liability, an doctrine of damages law in an illegal act. conclusively, it is great important task in the but are, which we should apply to decide the problem of the compensation for damage in the cause concurrent between defendent and plaintiff. The allotment of the burden of proof requires the new legal principle which can reduce the proof burden of the accused, eqpecially in modern lawsuit type in which proof burden is foreseen duet to the evidence omnipresence and the difference of economical powe between the plaintiff and the accused. Therefore we difference of economical power between the plaintiff and the accused. Therfore we discussed the characteristics of the modern-type of the proximate cause concurrence in tort law to find the way of reducing the proof difficulty. In this study, we consider in which meaning the balance doctrine is introduced and is supported, and what is its criticism and what is the subject and the future wiew on burden of rpoof, based on this proximate cause concurrence in tort law.

專門職으로서의 辯護士 責任

李淸助 東亞大學校 1987 東亞論叢 Vol.24 No.1

The attorney is a legal professional. The attorney's duty and obligation, therefore, are derived from the liability theory of the professional(LTOP). The top-rate principal of the LTOP is service for the public. This means that it is not egoism but altruism that is its essential attribute. The LTOP is based on the obligation without fault(OWF). The legal relation between the professional and the non-processional is regard as eqality relation but prescribed as the contract relation by mandate in the existing law. It is natural that at present modern citizen law be amended. The client who is a stranger to the legal profession has little notion of a high degree of professional knowledge used in it. The present writer, therefore, defines the legal relation between the professional and the non-professional as the special fiduciary relation, not as equality relation and regards the LTOP as the OWF. Consequently the LTOP is based on the OWF, its highest idea is service for the public, and on it the attorney's duty is based. Clearly the attorney as a legal professional should pursue as his first purpose service for the public, not commercalism whose first aim is to seek for profits. As mentioned above, the remuneration matter is closely related to the essence of the profession and his activity is regulated by it. Our country has brought in and exercised only the attorney system itself from aborad without comprehending its attributes to the profession, so at present the attorney regards seconomic success as his job without keeping in mind its essential duty. With result, the attorney doesn't conform to his duty, that is, service for the public including advocacy of basic human rights and realization of social justice. Under the present system of the court lawsuit principle in which the high return for his job is expected by him, the system itself is not only against the attorney's duty, but under the present unilateral attorney system the attorney himself is also losing the social significance of his presence by reducing his jurisdicstion. Taken together, the attorney should do his own duty by realizing and carrying out his essential duty faithfully.

독일변호사의 성공보수규제에 관한 법리

李淸助,金珍綺,鄭寅經 東亞大學校 1998 東亞論叢 Vol.35 No.-

Die wesentliche Aufgabe des Rechtsanwalts muβ der Geist des Dienstes and der Offentlichkeit sein, weil er die hochste Idess seiner Aufgabe und kein Handelsgeist, sondern unhandelgeist ist. Abser die doppelte, wiederholte Bezahlung, die als Gebuhren und die Bezahlung fur den Erfolg an das gleiche Ereignis nach der Bezahlungsbestimmung der koreanische Anwaltschaft bestimmt wird, kommt in das soziale Problem. Da diese Bezahlung fur den Erfolg gegen die wesentliche Aufgabe des Rechtsanwalts verletzt, ist sie unverbindlich in Deutschland. Also es wird der geschichtliche Ablauf uber die Regelung der Bezahlung fur den Erfolg und ihr Prajudiz analysiert und uberpruft. In gegenwartige Zeit ist die Bezahlung fur den Erfolg nach der Bestimmung BGB §138. I. und der Bestimmung des Rechtsanwalts unverbindlich. Diese Regelung der Bezahlung fur den Erfolg des Rechtsanwalts ist Hilfe der Problemslosung der Bezahlung fur den Erfolg des Rechtsanwalts in Korea.

不動産證券化의 理論的 考察

李淸助 東亞大學校 1996 東亞論叢 Vol.33 No.-

Real estate securities are the legal structure for multiple people to hold the rights to real property. These securities are the stocks or written papers representing the divided real estate rights in small amounts according to the given rate. Unlike common securities, however, they are not for the circulation in the actual capital market but for the direct provision of real estates from the capital market. As a new type of collecting industrial assets, this system is a technical measure for drawing assets from ordinary investors fixed on real estate. Now the banking organs in Korea are facing the unlimited world competition resulting from the trend of financial globalization. As the conventional or present practice will not meet the new demands, they(the academic and business circles) have recently proposed a measure of circulating mortgage. But this kind of banking item is not so strong as to tide over the interest rate liberalization and capital market opening. In conclusion, in this age of internationalization and global competition, a new financial system and new banking goods should be aggressively developed. This paper, then, suggested a probable solution or approach to the task at shake.

辯護士의 報酬에 관한 法理

李淸助 동아대학교 법학연구소 1996 東亞法學 Vol.- No.20

Geotechnical Characteristics of Marine Clay in Busan New Port

Chung, S.G.,Ryu, C.K.,Beak, S.H.,Huh, D.Y.,Jo, K.Y.,Lee, N.K.,Ninjgarav 東亞大學校建設技術硏究所 2004 硏究論文集 Vol.28 No.1

Since early 1990s reclamation projects in Busan and its vicinity in Nakdong River plain have been performed for industrial and residential complexes. As well it has started to build a new port (Busan Newport) due to increase in overloads of Busan port since late 1990s. In the area the sedimentary deposit is composed of soft clay of about 30m thick, thin sand layer of 3-4m thick, hard clayey soil, and then basal conglomerates and sandy sediments, total thickness of which is about 70m at the maximum under seawater. For the huge project many contract companies have simultaneously performed geotechnical investigations to get design parameters. Based on the harmful experiences gained by the previous projects, it was also required to pay careful attention to sampling and laboratory and field tests for the project. Nevertheless the results of laboratory tests were so scattered and then resulted in difficulty to evaluate the design parameters. Existing data has been reviewed to evaluate the validity or cause of their variation. In addition geological study, sampling and soil tests have been carefully carried out at a few locations. Using the results the clay would be effectively characterized for depositional environment and its relation to soil properties.

寄與分制度에 있어서 그 問題點에 관한 硏究

이청조,김보현 東亞大學校 2003 東亞論叢 Vol.40 No.-

Civil Act has the contributory portion system to cease formal egalitarianism and realize substantial equality, while it in principle follows equalized inheritance in joint inheritance. The contributory portion system is means such a system to reflect and add contribution to calculation of his or her inheritance portion if there is(are) a person(s) among the co-inheritors who has specially contributed to the maintenance or increase of the property of the inheritee. The contributory portion does not become the object of returning of the legal reserve of inheritance. But the testamentary gift which infringes legal reserve of inheritance becomes the object of returning. It is not obvious that the contributory portion is the object of legal reserve of inheritance returning requisition or not and his contributory portion must be deducted the property which becomes foundation of a calculation of legal reserve of inheritance. There is no provision whether the value, calculated by deducting his contributory portion as determined by the Family Court from the value of property of the inheritee at the time the inheritance is commenced, shall be considered as an inherited property or not. When establishing provisions of contributory portion, I do not know whether they forecast the various legal relationship between them. But it is important that we have to know where the contributory portion system is located and how it gives an effect with relationship of testamentary gift and legal reserve of inheritance in the interpretation of this provisions.

프로야구 選手契約의 法理에 관한 小考

李淸助,金甫炫 東亞大學校 法學硏究所 2003 東亞法學 Vol.- No.33

辯護士와 依賴人關係의 基礎的 法理

李淸助,鄭寅經 동아대학교 법학연구소 1998 東亞法學 Vol.- No.24

醫師의 患者에 대한 期待權侵害論

李淸助 동아대학교 법학연구소 1993 東亞法學 Vol.- No.16