知的財産權 侵害의 法的 救濟方案에 관한 考察

김경화 경희대학교 국제법무대학원 2009 국내석사

환경 기술 분야에 있어서 특허권 제한에 대한 고찰

김남헌 경희대학교 국제법무대학원 2011 국내석사

본 연구는 국내ㆍ외 관련 논문, 연구보고서를 통한 문헌연구를 통하여 기후변화(환경문제)와 관련한 강제실시권 설정에 대한 선후진국의 동향을 분석하고, 우리나라가 국제적으로 어떻게 대응하는 것이 바람직한지를 살펴보고자 한다. 특히 선후진국간의 ‘특허권의 효력제한’에 대한 첨예한 대립이 계속되고 있다. 따라서 국제협약, 개별 국가의 입법 및 관련 사례 등을 살펴보고, 우리나라가 기후변화협약, 더 크게는 환경기술과 관련한 지적재산권 문제에 대해 국제적 협상에서 어떻게 대응할 수 있을 지를 검토하고 결론을 도출한다. 제2장에서는 ‘공공의 이익’과 관련된 국제협약의 검토로서 파리조약, TRIPS 협정, 도하 선언의 내용을 개관한다. 제3장에서는 기후변화협약에 앞서 논의되었던 의약품의 강제실시권 설정사례를 개도국을 중심으로 살펴본다. 또한 특허법을 통한 강제실시권 설정사례뿐만 아니라, 경쟁법을 적용한 사례나 사법적 판단을 통해 강제실시를 인정한 사례도 조사ㆍ분석한다. 제4장에서는 기후변화협약과 강제실시권 문제에 대하여 선후진국의 입장, WTO TRIPS 협정과 기후문제, 환경기술 분야에 있어서 기술이전과 지적재산권에 관한 논의 동향을 중심으로 살펴본다. 또한, 환경 기술 분야의 지적재산권문제에 대한 대응방안으로서 특허법 및 민법에 기한 특허권의 회피 가능성, 금지청구권의 제한 및 경쟁법에 의한 특허권 회피에 대하여 검토하고, 기후변화대응에 있어 강제실시권 문제에 대한 우리나라의 국제적 대응을 위한 방향성을 제시한다. 제5장에서는 이상의 논의를 종합하여 결론을 도출한다.

디지털포렌식 국가공인자격제도의 필요성에 관한 고찰

이은주 경희대학교 국제법무대학원 2012 국내석사

Recently in Korea the importance of digital evidence in legal proceedings and has been receiving increasing attention Digital evidence is different from the traditional has the characteristics of the physical evidence, so as an extension of the digital domain, digital media, digital evidence is being collected from the increasing importance of digital evidence in a criminal investigation is being highlighted more and throughout the investigation process Free new paradigm is required. Several countries including the United States to reflect the trend of digital evidence collection and analysis of effective legislation for them situations that are ready to create. Digital evidence is collected if you do not receive legal recognition of digital forensics alone has no meaning. In addition to the nature of scientific knowledge of a criminal investigation legal and institutional aspects should be considered together. This paper examines the legal system National Digital Forensics Digital Forensics national legal systems based on the legal status of the United States and to compare the status of domestic law. It also performs digital forensics and legal requirements in accordance with procedures to try defining "national accreditation scheme for digital forensics," and the need for activation of digital forensic techniques and future directions of the domestic law and ensure the reliability and standard procedures for the current legal system country from an accredited institution to develop an institutional system Find out how to promote that.

디지털 환경하에서의 저작권 침해와 구제에 관한 연구

김태훈 경희대학교 국제법무대학원 2012 국내석사

The rapid growth of information competition with digital circumstance during the latter half of the 20th century. Today is a society of a digital information society, characterized by the internet and multimedia. It's come from development of computer and internet. The affirmative concept of digital circumstance makes people can access the information easily. However, the digital techniques have made copies easier and more convenient, which led to infringement of copyright. Today, we are experiencing big change in circumstance such as states of the computer, IT and internet, multi-media as well. So called "a Copernican revolution about copyright law", digital circumstance is influencing our life: politics, economy and culture etc. This digital era is completed by new technical environment. effect of internet to copyright is not physical one like a book or disks but electronic from such as software. Second, people can copy any program from internet completely and then distribute it to the world. Also they can get the materials in same way. Third, electronic transfer by internet means that the things is transferred to other countries and this is challenging the copyright infringement. Fourth, most countries have restricting profit-making use and private use of copyright law but the separation is unclear in not clear. Copyright is the right to be granted by copyright law, it is legally restricted. If somebody use it without permission, they must be responsible for that. In addition to copyrights, intellectual property right is easily infringed and difficult to disclose and make uncountable loss, cost and effort to recover it. Moreover, it is not possible to measure the loss caused. Like this, because of internet's development, it getting difficult of copyrights infringement and salvation and protective law creation is not easy one by fast development of internet. With this trends, in December of 2006, the ministry of culture and Tourism has current law reflect the problem caused by digital and internet environment development and indicate the necessary of the rights protection, suggest revision of copyrights law to enhance cultural development by making new article for fair use of property and prevention of copyrights and the article is passed on December 1st, announce it on December 28th and going to be on effect on June 6th of 2007. For amendment, in case of property with a legal permission, latter applicant have an advantage of not searching owner of copyrights, make minister have the authority to govern the policy on copyrights control and protection. Minister do legal action for preventing unlawful act and developing cultural enhancement between person to person. In case of profit-making infringement, the amendment is include that protect our cultural industry from unauthorized duplication by taking away unauthorized materials, disuse and elimination with crime indicatable upon complaint. Fast development of internet and digital amend the basic conception of duplication, distribution, publication, transmitting, download, etc. However, as property has digitalized, it is very easy to be distributed and coped so original purpose is twisted. In this case, it is very difficult to protect the infringement. In this treaties, among infringements, review the temporary storing in RAM, property infringement by web, pornography without copyrights, responsibility of cloud computing service provider, etc and suggest the protection for digital property and make public use of digital copyrights through the action above. At last, this paper acknowledged a problem that with regard to new digital works, application of restrictive regulations of copyrights indicated in our current copyright law cannot deal with fast changing digital environments in a suitable manner, and, thus, it suggested to new remedies.

전자증권제도에 대한 고찰

오수철 경희대학교 국제법무대학원 2012 국내석사

The revised Commercial Law has came into effect as of this year. At that revision, Electronic registration system of securities(Electronic Securities System) was introduced. Electronic Securities System can be defined as a system by which the change of holders of securities and rights associated with securities can be effected or administered by registration, or book-entry, without issuing physical certificate during the life of the securities. Electronic securities are not the paper-based securities, but composed of electronic records which keep record of information on the issuer, holders and other important information about the securities. So, there have been argument about the legal nature of the electronic securities. Some people think that electronic securities is a new notion of securities in electronic format. The others consider the electronic securities as a special kind of rights registered on the register, such as the real-estate registration system, and not as a kind of negotiable instruments in themselves. The effectiveness of electronic securities system are clearness of the financial industry because the holders' names are kept and managed by Central Registration Center. And because the dematerialization of the securities, the efficiency of the stock management are increased. In this thesis, deal with some of the legal issues surrounding the electronic securities system in revised Commercial Law and legislation directions for the implementation of the electronic securities system. This thesis is composed 5 chapters. Chapter 1 describes a purpose and range of study. Chapter 2 describes general of electronic securities system, features of electronic securities system, effectiveness of introducing electronic securities system and legal background of electronic securities system. Chapter 3 watches about legal nature and juridical relation of electronic securities in relation to Commercial Law. Chapter 4 proposes proper legislative ways of electronic securities system. Chapter 5 conclude that the introduction of an electronic system should be desirable direction.

舊 租稅減免規制法 附則 條項의 全面 改正에 따른 法解釋 差異에 관한 考察 : 憲法裁判所와 大法院의 葛藤事例分析 中心으로

안홍균 경희대학교 국제법무대학원 2013 국내석사

헌법재판소가 구 조세감면규제법 부칙 제23조 위헌소원사건인 2012. 5. 31. 2009헌바123·126(병합) 결정과 구 조세감면규제법 부칙 제56조의2 제1항 등 위헌소원사건인 2012. 7. 26. 2009헌바35·82(병합)사건들에 대한 심리에서 헌법상의 권력분립원칙과 조세법률주의원칙에 위배라는 취지의 한정위헌결정을 하였으나, 이는 결국 대법원과의 종전 입장차를 재확인하였을 뿐만 아니라 두 기관의 해묵은 논란과 갈등만 재연될 가능성만 높이고 있다. 즉, 헌법재판소의 결정 주문 형식이 외형상 ‘한정위헌’이기 때문에 법원이 재심을 받아줄 가능성은 높지 않다. 그 이유는 대법원이 2001. 4. 27. 선고 95재다14 판결 이후부터 소송사건이 확정된 후 그와 관련된 헌법소원에서 한정위헌결정이 선고됐다고 해서 재심사유가 존재한다고 할 수 없다고 일관된 태도를 고수하고 있기 때문이다. 만일 법원이 위 재심을 기각한다면 당사자들은 ‘대법원 판결을 취소해 달라’며 헌법소원을 낼 수 있다. 왜냐하면 현행 헌법재판소법상 재판에 대한 헌법소원은 원칙적으로 허용되지 않지만 ‘위헌법률이 적용된 재판’의 경우 예외적으로 헌법소원을 인정하는 것이 헌법재판소의 기본적인 입장이기 때문이다. 이와 같이 법원의 재판에 대한 헌법소원이 제기되면 헌법재판소가 대법원 판결을 취소하는 결정을 하여 두 기관이 극한적으로 충돌하여 갈등이 발생할 가능성도 배제할 수 없다. 그런데 위와 같은 2009헌바123·126(병합) 및 2009헌바35·82(병합) 사건들의 본안판단에 있어서 헌법재판소는 조세법률주의와 관련하여 입법의 미비라는 논리적 전제성을 토대로 그 위배를 인정한 데 반하여, 대법원은 세법 정책과 운영이라는 전제를 바탕으로 근거 규정에 대한 다양한 논리적이고 체계적인 법사고적 접근, 과세를 하지 못하는 경우에 나타나는 불공정성 등을 종합적으로 고려하여 그 위배를 인정하지 않았는바, 이는 양 기관의 갈등을 재점화할 가능성을 초래하게 될 것이다. 헌법재판소가 한정위헌결정을 함에 있어서 법원이 국회의 입법권을 침해할 소지가 있는 권력분립의 원칙과 연계하여 논의하였던 바처럼, 결국 변형결정 중의 하나인 한정위헌결정과 재판소원의 허용 여부는 헌법재판소와 대법원의 역할과 기능에 대하여 권력분립원칙과 연결되어 논의되어야 할 문제이기 때문이다. 하지만 대법원은 헌법재판소의 한정위헌결정을 포함한 변형결정들의 기속력을 인정해야 하고 그것이 이론적으로도 당연하다고 사료된다. 그리고 기본권을 최우선 가치로 간주하는 현대사회에서 대법원이 법률해석을 통하여 기본권을 경시하여 헌법을 침해하는 것은 입법자가 입법을 통하여 헌법을 침해하는 것과 마찬가지이다. 그 이유는 법률에 대한 최종적 해석 권한은 명백히 대법원에 있지만 대법원 역시 헌법정신에 의거하여 법률을 해석해야만 하는 의무도 있기 때문이다. 즉, 대법원이 법률을 해석할 때 헌법재판소가 헌법 또는 기본권에 관하여 이미 해석하여 놓은 것이 있으면 이를 따르면 되고 해석해 놓은 것이 없어 의심이 드는 경우에는 헌법 제107조 제1항에 의거하여 헌법재판소에 위헌제청하여 그 결정 결과에 따라 재판하는 것이 당연하기 때문이다. 하지만 대법원은 법률해석의 고유 권한은 자신들에게 있을 뿐, 헌법재판소의 결정은 일견 견해 표명에 불과하다고 주장하고 있다. 이와 같이 대법원이 헌법재판소의 결정을 따르지 않는다면 헌법재판소가 순순히 보고 있지만은 않을 것이고, 그렇게 되면 양 기관이 충돌하여 갈등이 필연적으로 야기될 수밖에 없고 그 피해는 결국 기본권의 주체인 국민에게 고스란히 돌아갈 것이다. 한편 현재까지 헌법재판소가 수많은 결정을 내려오면서 이른바 변형결정을 할 특별한 사정이 없음에도 불구하고 사법적 자제라는 명분으로 편의주의에 의거하여 이를 남발해오지는 않았는지 재고 및 반성할 필요성이 있다. 그 이유는 헌법재판소가 헌법에 대한 최종적인 해석권을 부여받았다고 할지라도 결정형식까지 마음대로 정할 권한까지 부여받은 것은 아니기 때문이다. 다시 말해서 헌법과 기본권의 수호 및 보장과 관련하여 헌법재판소만이 그러한 역할을 독점해야 한다고 생각하는 것은 시대착오적인바, 대법원 등 일반법원도 그러한 역할과 기능을 수행하기 위하여 최선의 노력을 다하는 것이 오늘의 시대정신에 부합하는 것이다. 따라서 헌법재판소와 대법원 모두 국민의 기본권 보장을 위한 방법론 모색에 최선을 다하면서 각각 상대방 기관의 헌법상의 역할과 기능을 존중하고 상호 공조 및 협력함으로써, 국민의 신뢰 확보를 토대로 사법부의 조화를 달성하고 그 위상을 제고하는 데 노력을 경주해야 할 것이다. 이제 개헌논의가 본격화되면서 정치적으로는 다방면에 대한 많은 논란들을 야기할 것이나, 다른 쟁점들에 비하여 헌법재판소와 대법원의 역할과 기능 문제야말로 국민의 기본권을 수호하는 기관에 관한 중요한 문제라는 것을 인식하여 결코 가볍게 다루지 말아야 할 것이다. 즉, 두 기관의 충돌과 갈등의 요체인 상반된 법률해석으로 인하여 그 피해가 국민에게 돌아가고 있다는 점에서, 국민의 입장에서 심도 있는 논의가 진행되어야 할 것이다. 끝으로 양 기관의 갈등을 초래할 가능성이 있는 결정 혹은 판결에 대해서는 사전적으로 조정할 수 있는 공조 회의체를 형성하는 등의 갈등 해소 방안 모색과 입법자를 통한 헌법과 헌법재판소법의 개정이 추진될 경우 검토 및 고려 사항 등에 대하여 기초 작업으로서 연구를 한 점이 본 논문의 의미라 할 수 있다.

인터넷상에서의 지적재산권에 관한 연구

정정환 경희대학교 국제법무대학원 2013 국내석사

The purpose of this study concerning intellectual property rights on the Internet due to the dispute with regard to investigate. To this end, the intellectual property rights related to the intellectual property rights of the world's trends and country status was analyzed. Our way of life in the Internet and even older ways of thinking differently, the dimensional changes in the analog age and country in the world, and especially the most widely used Internet, take advantage of one of the country grew. On the Internet, one of the salient features of traded goods is based on the knowledge that the production cost of the product because it is a great creation, while commercialization is supplied to the market after a few uninsured is that the replication cost. These digital content surrounding the enactment of the Act on the Protection of the Ministry of Information and Communication and the Ministry of Culture and Tourism, and the online industry and offline industry is a conflict between this work. Groups of products online digital content by preventing unauthorized duplication and fraudulent use of digital content distribution, and can be activated as well as the Information Promotion Fund to support the digital content business claims to be able to foster. While offline, the digital content industry laws to all content using the Internet exclusively by the Ministry of Information and Communication Director in an attempt to fundamentally violate the rights of the copyright owner under copyright law, as well as to be in conflict with existing laws argue that there is doubt. At this point, the intellectual property owners really no protection against illegal copies will be taken to consider the strategy was necessary. First, to limit illegal copies with the operators own the intellectual property rights to benefit by gaining market that is strategic in that appetizing. However, if the distribution illegal copies of their technical standards and the contents spread on the market, primarily to increase mangoe negative, and through this initiative have on the market if you can dominate the market that you can achieve greater profits to overlook should not be. The rapid development of the Internet, zoom in on a part of life, at the same time, occupying the appear, as well as e-commerce, information transactions, privacy, honor, freedom of expression, obscene, conduct permit, online advertising, taxation, jurisdiction, online legal in many areas, such as criminal activity is causing the problem. Such a legal problem or issue to be addressed based on the knowledge of the Internet and the information society is considered to be fully realized. In addition, information on copyright disputes, salvage, lack of awareness of consumers about the content which is caused by the phenomenon, and to control and manage them all is virtually impossible. Encountered on the Internet, intellectual property disputes, the information (content) Fearing the direction of the monopoly, and to strengthen the position. WIPO, UCITA major with a focus on strengthening the protection of intellectual property rights licensed to the mass market trends have seen the results with respect to the validity of the agreement is a clear limitation was found that the exposure. In addition, focusing on antitrust law when applying the antitrust laws of the different types of intellectual property are property and should be treated the same, and the existence of intellectual property from the market dominant position in itself be estimated based on the existence of monopoly regulation and the absence of information dilemma in relation to the copyrighted fall was considered to be high risk. Earlier, several theories and case law as indicated in the convenience of any user of the information that can be provided to increase interest if certain technical disclosure of the product in the market growth is expected will be able to spread rapidly. Internet for goods traded in the market to strengthen intellectual property rights, or to mitigate the proper information disclosure is not partial to one side and its followers to take control strategies to protect information, the creator of the market to get wise suggest would be a way to cope. In addition, the Internet market of intellectual property control measures, as well as the maturity of the technology level, time and place to be determined based on the flexibility is judged in the right direction. Intellectual property rights and receive the most directly affected, and the information that the information is protected information gap between rich and poor ought to train one that is extremely dangerous to one trillion. Future generations of the future from the beginning of their lives without feeling the gap in order to conduct fair social life of the standard of intellectual property rights necessarily requires flexibility. The intellectual property rights associated with the social equity dimension of justice, even the reproduction of society itself and the related efficiencies were many problems in the dimension of. Current information related to the information technology and related intellectual property are addressed. It is important, however, is a discussion of the information itself is considered necessary. Social implications of intellectual property rights as well as a wide range of analysis and speculation continues to challenge and solve the next problem is it goes. As biased as technocratic and economic attention to its effects become more obvious. In addition, the social reproduction of the intellectual property rights will have to be in the direction of growth. Intellectual property rights in the economic value of information and knowledge of institutional development to ensure that the information and knowledge that the further development of our life should mean that it is possible. Prior to these discussions is important primarily active efforts of the government and related organizations through illegal copies of content distribution will act to block. Distribution of illegal copies of the legal work on the production of the national economy by market violations or lost opportunities that result in the loss and thereby ADI, value, etc. can be created to block the potential risk is that. Domestic distribution of content piracy production activities certainly can be averted if the content industry the opportunity to switch to the other, as well as a very large economic impact on the domestic industry is thought to bring about. Copyright trend in Korea and overseas, compare the results of the cases have substantially advanced protection system sometimes referred yen was lacking a lot of cotton. The international case law and legal trends are sensitive to red due to the ambiguous legal standards that were considered enemies limitations. Internet industry and the content industry, high quality value-added employment is expected to impact the future of the creative industries in upgrading the industrial structure of Korea is expected to play a major role. This research on the Internet about the protection of intellectual property and antitrust point of view about the issues that confront the concept formulation and the future of intellectual property rights by trying to theorize future revisions to lay the foundation for the development direction and hope it could be paved.

中國의 立法體制에 대한 考察

김민석 경희대학교 국제법무대학원 2010 국내석사

클라우드 컴퓨팅 환경 하에서의 개인정보보호 법제도 개선방안

김희재 경희대학교 국제법무대학원 2010 국내석사

Nowadays the development of the Internet is growing rapidly, and it is accepted as big portion of human civilization. The big paradigm of Internet has passed through Web 2.0 and is headed to Web 3.0, which the core technology placed in the center of its Cloud Computing. Recently, “cloud computing” has established itself as a new model in the IT industry, and as a new concept whereby companies can freely utilize the third infrastructure as if it were their own infrastructure, instead of developing and using their own proprietary system with their infrastructure. The appearance of new technology like Cloud computer, computer users too not only own the information. Cloud computing is essentially a term given to some new information technology services provided over the Internet. These can include storage of data, provision of software and infrastructure as a utility. However, users are very concerned about unforeseen service interruptions or malfunctions as the data is saved and managed by the service operated by the cloud service provider. Also, there is concern about dependency due to leaks of confidential information (as the data is saved outside) and insufficient compatibility among cloud computing. There are a number of privacy questions that we need to address when assessing the business case and risks of entering into cloud computing arrangements that extend beyond traditional computing risks. Data subjects have a right to know what personal information is held and, in some cases, can make a request to stop processing it. This is especially important with regard to marketing activities; in some jurisdictions, marketing activities are subject to additional regulations and are almost always addressed in the end user privacy policy for applicable organizations. In the cloud, the main concern is the organization’s ability to provide the individual with access to all personal information, and to comply with stated requests. The information not only be activated by the Internet energetically but is distributed by various personalized services, but as the information flow, the information becomes out-flowed, distorted and being illegally acquired. Out-flow of the information can occur infringement of one’s privacy, illegal use of one’s Internet ID, and fraud of web documents; forgery and falsification. It can also harm other’s life and body as the information society grows more. Moreover, as new Internet environment is continuously growing, out-flow of personal information is also growing more, but the awareness of protecting personal information is surprisingly low. New technologies are being developed from country to country but the consciousness of protecting the law is far behind. As above facts, I would like to discuss about the Cloud computer that is leading the big change of the Internet atmosphere and would like to discuss about protection of personal information, which the importance is growing, and the way to protect personal information under the new Internet atmosphere of Cloud computer. We need to select and discuss target areas and technologies for standardization in detail, in order to secure the interoperability of cloud computing in detail. In particular, the standard framework should be established and applied as quickly as possible to secure cloud computing interoperability among public bodies and between the public and private sectors, with regard to the government’s plan to introduce cloud computing. The government also needs to support the efforts of the private sector to standardize cloud computing. This study reviewed various policy protection methods to resolve the privacy concerns that may arise from the perspective of consumers, such as the consumer’s limited right of choice due to insufficient interoperability among cloud computing services. However, the market cannot be promoted with protection by the policy. If too excessive obligations are imposed on the service provider to protect the consumers, it could hinder market promotion. Therefore, improvements to the relevant law and policies regarding promotion of the cloud computing market should be made in consideration of market development and maturity; in addition, more diverse policy support is required to promote the market, such as technical development and stimulation of market demand. Therefore, various policy support policies designed to promote market demand and strengthen the development capability of service providers should be implemented. The cloud computing market is expected to grow continuously, and its level and scope will be expanded broadly to include mobile devices like a smart phones as well as PC. However, unlimited challenges and opportunities are driven by major global companies. As such, local IT companies and Software companies must establish strategies for a new take-off, while the government must respond wisely in the fresh-blown new market.

中華人民共和國 物權法의 特徵에 관한 小考

이건호 경희대학교 국제법무대학원 2010 국내석사

In China, generally the ‘Property Rights’ are defined as rights that can be dominated directly, and enforceable against all other people. Although China has considered the ‘Property Rights’ as an indispensable concept in the Civil Law System since 1980, none of the Chinese laws or regulations had used such concept until the ‘Property Rights Law’ went into effect in 2007 But, The Property Law of the People's Republic of China was adopted by the 5th Plenary Session of the 10th National People's Congress in March 16, 2007 and went into effect on October 1, 2007. As the first property law getting into effect in PRC, it significantly explained the nature of Property Law with Chinese characteristics. Moreover, as the newest Property Law among the main countries in the world, it caused close attentions from all over the world. Although it had been pointed out that the modification of The Property Law, which overcome the limits of private property so as to support the economic activities in market under the Socialist System, is indispensable, such work had still been on heavy progressing. The reason is that, compared with The Chinese Contract Law and The Chinese Security Law, The Chinese Property Law is one of the most indigenous laws and as for one of them, it is closely related to the existence method or an economic structure of a nation. Because the private property rights, which are advocated by Property Law, may protect the unjustified benefit that happened during the reformation, or immobilize the widen gap between the rich and the poor, the biggest problem that it may destroy the socialistic position of communist China happened, which well reflected the economic psychology to specific risks during the legislation. The trace of the claims could be found in the law itself, that The Property Law of China is an unconstitutional legislation. Particularly, it is easy to guess from the each real right and the reservations about the regulation of supervisory authority of the nation and etc, that The Property Law of China that adheres closely to the public ownership of the land and protects the national property, and it establishes law and order in harmony to private ownership will accompany many technical difficulties. The disputed issues should be taken into consideration during the legislation. Taking the transfer of property right as an example, which also caused big issues in South Korea's adoption of new Civil Law, regarding to this issue, it is seen that The Chinese Property Law did not adopt the formalist principle as that of South Korea, but adopted the Autonomy of Will, which is similar with Japan Property and France Property Law. According to this, The Chinese Property Law which just enforced can be considered as an attractive one. As it is generally known, many foreign companies including South Korea are participating in investment in China and their business activities are vigorous at the moment. Therefore, it is identified that the enforcement of the new enactment, the right of the land for enterprises and the effect of the security interest has a very large effect in Property Law of China. Being implemented in October 2007, it seems that a research review and an introduction about Property Law of China in South Korea are essential as soon as possible in the light of the importance. Thus, this paper introduces the passage of The Property Law of China enacted, reviews the relationship between The Constitution Law of Korea and also gives a full overview of the composition and characteristics and analyzes the features and significance of The Property Law of China compared with Property Law of Korea.