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          • 經濟的厚生과 政策

            Smithies,,Arthur 경북대학교 법정대학 1958 法大論叢 Vol.1 No.-

            경제학은 항상 정책과 관련을 가져왔다. 경제학자들은 대부분 그들이 사회적 진보가 될 것이라고 생각한 것을 증진시키려는 욕구에 의하여 자극되어 왔다. - Cournt, Walras 및 Schumpeter는 쉽게 생각나는 과거의 소수의 저명한 예외에 속한다. Adam Smith, Ricardio, Mill, Marshall 및 Keynes는 바로 강력한 정책동기를 가진 경제학자들의 무엇이든 간에 경제분석은 대부분 강력한 정책적 암시를 가지고 있다. 예를 들면 Walras의 일반균형체계도 똑같이 사회를 위한 경제적 규범에 대한 설명수단과 처방으로 간주될 수 있다. 그 이론은 개인주의사회가 조화된 적절한 견해에 대하여 굳은 지지를 보내고 있다.

          • 어음의 遡求

            金泰主 경북대학교 법정대학 1972 法大論叢 Vol.10 No.-

            The drawer and the general endorser guarantee payment of the instrument, Therefore, the holder can exercise recourse to them, if a instrument is dishonored by nonpayment or nonacceptance. The endorser who has carried out repayment can exercise secondary recourse to his prior endorser and then the last repayment on the instrument must be fulfilled by the drawer. Their obligation, howerer, is not absolute, but depends upon certain steps which must be taken in order to charge them with liability. Hence, drawer and endorser are said to be secondarily or conditionally liable on the instrument. In order to charge the drawer and endorsers with liability the holder must duly present the instrument for payment or acceptance, and take the necessary proceedings on dishonor. The presentment for payment is not necessary to charge the person primarily lable on the instrument, but it is necessary to charge drawer drawer and endorsers. And, unless previously waived, when a negotiable instrument has been dishonored by nonacceptance or non payment, protest must be made, and notice of dishonor must be given to the drawer and to each endorser. When any negotiable instrument has been dishonored, protest is not required in American Law, except in the case of foreign bills of exchange. But our Law and many other nation's Law require protest in any case, when any negotiable instrument has been dis honored. If it is not so protested, the drawer and endorsers are discharged, unless the words "waiving protest" appear on the instrument. This article attempts to clarity some problems which are considered to be important for this recourse. These problems are to study by division as follows: (1) Significance of recourse-system; (2) Material condition for recourse; (3) Formal condition for recourse; (4) Protest; (5) Obligee for recourse; (6) Obligor to recourse; (7) Notice of dishonor; (8) Secondary recourse; (9) An amount of money for recourse.

          • 世界平和와 韓國의 役割

            姜永晧,李瑛雨,金宇泰 경북대학교 법정대학 1976 法大論叢 Vol.14 No.-

            World peace is an ideal which mankind has been searching for a long time. The League of Nations and the United Nations, established after World War Ⅰ and Ⅱ respecetively, were the results of the desire of peace-loving people attempting to solve international disputes and conflicts by peaceful means. Following the end of World War Ⅱ through 1950's the world has experienced a period of Cold War, replaced by an era of peaceful co-existence during 1960's. In 1970's the thaw in the struggle among big powers developed which further lessened the likelihood of war among the super powers. Taking advantage of improving international atmosphere, however, north Korean Communists have disguised themselves as the champion of peace and offered many so-called "peaceful unification formulas", thus misleading the world opinion. It is the objective of this paper to correct the misinformation concerning the problem of peace in Korea and to reveal true motive of the north Korean Communists by clarifying ROK's position on the issue of peaceful unification of the Korean Peninsula. Chapter Ⅰ is an introduction to this paper stating the problems and issues to be discussed in the paper. Chapter Ⅱ deals with putting Korean people's view of peace on the basis of the world peace by making clear the true idea of peace through historical development of peace theory in western history and searching the types of the world peace. Chapter Ⅲ is a study of peaceful nature of Korean people from the perspectives of Korean history. In order to make an effective analysis on above issue the Chapter is divided into three parts: first, a brief examination of the origin of Korean race; second, a study of Korean history based on mythology such as "Hong-Ik In-Gan" philosophy found in Dan-Gun myth and "So-Do" philosophy prevelant during the period of Three Hans; third, a historical recollection of numerous invasions of the Korean Peninsula by foreigners and yet the fact that at no time had Korea invaded its neighboring countries. Chapter Ⅳ deals with a period since the second World War, and particulary since the establishment of the Republic of Korea in 1948, in which the Korean Government, inheriting the spirit of peaceful nature of its people, has been pursuing peace. The Chapter is divided into two parts. The first deals with the period up to 1970 during which the R.O.K. was established (in 1948), the Korean War was erupted (in 1950), and the normalization of relations between Kore and Japan was achieved (in 1965). Internally, political stability and economic growth were realized in order to establish a firm base for an eventual peaceful unification of the Peninsula. Externally, this period saw the Republic of Korea expanding its diplomatic activities by establishing multilateral relationship with foreign countries. Since the beginning of the 1970's. President Park Chung Hee has universally published a series of epock-making plans to settle peace on the Korean Peninsula. President Park's August 15 Declaration (1970), a south-north joint communigue´ (1972), the declaration of a new foreign policy for peace and peaceful unification (1973), the proposal of non=aggression pact between the south and north (1974), and the proposal of three basic principles for peaceful unification (1974)-these are the expressions of the R.O.K.'s efforts to settle peace on the Peninsula and to contribute actively to the world peace. By studying the contribution of Korea to the world peace, it is hoped that the efforts by the Korean Government by clearly understood and this article would contribute in a small way toward the eventual unification of the Korean Penininsula.

          • 新羅時代의 政治와 思想

            金麟坤 경북대학교 법정대학 1976 法大論叢 Vol.14 No.-

            The politics of Silla era was chiefly developed by the Hwabaik Council. The Hwabaik Council originated from the Joint Meeting of Six Tribes at the Alchun riverside in 57 BC, and lasted about 1,000 years until Silla was replaced by the Koryo Dynasty. The Council was from a long tradition of family meetings in the era of the clan society. The functions of the council were to elect a new king, to impeach and dethrone the king when he misgoverned, to discuss and decide on national affairs, and to inspect the national administration. Therefore, the council is believed to have been the leading political institution in Silla. The Sangdaedung was a government post established in the 18th year of king Buphung (AD531). We can regard the Daebo, which was established in the 7th of King Namhae (AD10), as its predecessor. The Sangdaedung, the chairman of the Hwabaik council, was at the unique position in which he had to know and supervise the whole of national affairs. The Sangdaedung was chosen at the Hwabaik Council. He had to have a different lineage from that of the king at first. The Sangdaedung seems to have been inaugurated immediately after the new kiing came to the throne, and continued in this position until the king died. The Sangdaedung superintended the Hwabaik Council which elected a new king or removed another, decided state affairs and investigated the national administration. He also took the task of criticizing and supervising state affairs as the chairman of the council. Therefore it seems that the politics of silla era centered around the Hwabaik Council had democratic aspects, so responsible government was able to be realized. And it is believed that they could maintain powerful unity of the whole country and a high degree of homogeneity of the people on the basis of agreement in politics. With this cooperating strength they could unify the peninsula and establish a brilliant culture. The thoguth of Silla era was "Respecting Heaven and Mankind." The people of Silla believed that they are all descendants of God, and also brothers. They believed that there are no rulers, no ruleds but only self-governing and self-controlling.

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