朝鮮王朝의 絶對主義

李達淳 한국정치학회 1972 한국정치학회보 Vol.6 No.-

법인 아닌 사단과 총유 규정의 고찰 - 공동체 정신과 관련하여 -

이달순 전북대학교 부설법학연구소 2023 法學硏究 Vol.72 No.-

Research on the regulations of collective ownership in our academia has tended to supplement Professor Kim Jeung-han’s theory and system or criticized it. It has made breakthroughs in academia and practice, however, it is necessary to explore the ideological foundations behind the collective ownership regulations. In this article, the meaning or existence of the collective ownership regulations is reviewed, focusing on the legislator's opinion or the purpose of the law on the basis of legal ideology. In particular, the relationship between values or spirits pursued by unincorporated associations as commons is studied from its own legal and philosophical perspective. The following summary is the conclusions of reviewing the conventional discussions on collective ownership regulations with the perspective of liberalism and communitarianism. First, it is necessary to consider the meaning of the collective ownership regulations in the circumstances and historical trends at the time of the enactment of the Civil Act. We cannot underestimate the ideological basis of liberalism and communitarianism. It is also necessary to reinterpret whether the collective ownership regulations will still be suitable for regulating the future situation in line with the public's legal consciousness. Second, the collective ownership regulations, one of the characteristics of Korean civil law, should be handled carefully and judged by comprehensively considering the characteristics of various and numerous unincorporated associations that exist in our society. Third, the characteristics by each type of unincorporated association should be considered and it is necessary to discuss the value or spirit of the commons, which is the establishing purpose of unincorporated association. We should proceed with academic development in the spirit of “Gain new knowledge by reviewing old things”

위임계약의 해지와 불법원인급여의 고찰 - 변호사보수와 관련하여 -

이달순 법조협회 2023 法曹 Vol.72 No.5

소송사기 등과 같은 부당소송의 폐해를 막고 신속한 권리 보호 및 법질서 유지를 위하여, 위임이 해지되더라도 불법적 이득을 꾀한 의뢰인이 지급한 변호사보수가 급여자에게 반환되는 것을 차단할 필요가 있다. 본 논문은 불법원인급여를 중심으로 검토하였고, 연구결과를 다음과 같이 정리하였다. 첫째, 의뢰인의 주장이 타당할 경우 승소를 위하여 법관의 판단을 구하는 변호사는 법령에 의하여 신의에 따라 성실하게 주장할 의무가 있으나, 위임 본지에 따라 선량한 관리자의 주의로써 위임사무를 처리하는 변호사에게 위임인의 지시에 따를 의무를 인정하면, 변호사 직무의 공공성 및 독립성을 규정한 관계 법령과 모순이 되어 타당하지 않다. 부당제소를 꾀한 의뢰인의 주장 및 증거 신청에 관련하여서는 변호사의 의무가 제한될 수 밖에 없고 소송사기임이 명백할 정도의 불법성을 띠고 있다면 즉시 사임함이 마땅하다. 만약 이를 판단하기가 애매모호하다면, 판결선고시까지 변론을 할 수 밖에 없다. 둘째, 급부자가 위임계약의 해지를 이유로 변호사에게 부당이득의 반환을 청구하더라도, 불법원인급여에 해당함이 증명되면 기각되어야 할 것이다. 셋째, 소송사기에 해당되지 않지만 그것이 허위임을 알 수 있는 의뢰인의 위법한 주장이나 사회통념에 반하는 주장을 변호사가 변론하여야 할 의무가 존재하지 않고, 이를 변론하지 않거나 의뢰인의 과도한 요구를 수용하지 않더라도 그것만으로는 손해배상책임을 부담하지 않는다고 하여야 한다. It is necessary to block the return of attorney’s fees to clients who seek illegal profits even though the delegation is terminated. Because it is in order to prevent the harmful effects of unfair litigation, such as litigation fraud, and to protect rights promptly and to maintain legal order. The study reviewed the illegal cause payment and summarized the research results as it follows. First, if the client's argument is valid, the attorney is obligated to plead fairly and faithfully in accordance with the relevant laws. However, if you recognize an obligation to follow the instructions of a client to an attorney who handles delegated affairs with bona fide in according to the original purpose of delegation, it would be unreasonable because it contradicts Attorney-at- law Act which is stipulating the public nature and independence of lawyer's work. If the client intends to file an unfair complaint, the attorney's obligation is limited in claiming and applying for evidence. If it is illegal enough to be a lawsuit fraud, it is appropriate for the attorney to resign immediately. If it is ambiguous to judge, there is no choice but to plead until the judgment is sentenced. Second, even if the client requests a return of unjust enrichment from the attorney due to rescission of the delegation contract, the claim should be dismissed if it is proven as an illegal cause payment. Third, e ven if it is not a lawsuit fraud, the attorney should not be obligated to plead the client's illegal claim or claim contrary to social norms. And even if he/she does not plead it or rejects the client's excessive demand, he/she should not be liable for damages by that alone.

日帝下 獨立運動의 政治史的 評價

李達淳 한국정치외교사학회 1985 한국정치외교사논총 Vol.2 No.-

1890년대의 國內政治狀況

李達淳 한국정치외교사학회 1995 한국정치외교사논총 Vol.12 No.-

韓國政治史硏究의 方向과 方法 - 史觀과 時代區分을 中心으로

李達淳 한국정치외교사학회 1992 한국정치외교사논총 Vol.8 No.-

블랙컨슈머의 하자 주장에 대한 매도인의 권리 보호 - 하자담보책임과 소송상의 대응방안을 중심으로 -

이달순 경북대학교 법학연구원 2023 법학논고 Vol.- No.83

우리 민법은 계약관계에 있는 당사자, 예컨대 소비자와 사업자 간의 문제에 관하여 채무불이행책임을 규정하면서도 하자담보책임을 별도로 규정하고 있다. 종래 우리 학계에서의 하자담보책임 연구는 매수인의 권리 보호에 초점을 맞추어 이론 및 체계를 보완하여 왔다. 그런데 정작 하자가 존재하는지의 판단 문제에 있어서 매도인의 권리 보호에는 소홀히 한 점을 부정하기 어렵다. 따라서 물건 하자의 개념과 함께 실무상 하자가 어떻게 다루어지는지 하자의 판단기준을 살펴보고 계약부적합 개념과의 관계에 관하여 유럽소비재매매지침을 본 후 국제물품매매계약에 관한 유엔협약(CISG)를 정리하였으며, 민법 제580조, 제581조, 상사매매의 특칙 관련 상법 제69조를 고찰하였다. 특히 물건에 하자가 없음에도 억지 주장으로 과도한 보상을 요구하는 등 이른바 악성소비자 내지 블랙컨슈머와 같이 부당한 소송을 통하여 불법적 이득을 꾀하는 소비자는 생산품의 품질 향상과는 무관하여 중소기업의 발전을 저해하는 요인이 되기도 한다. 이러한 악덕 소비자나 합리적인 이유 없이 하자를 주장하고 부당한 횡포를 부리는 기업에 대한 사업자의 법적 대응방향에 관하여 면밀한 검토가 필요하므로 이를 논하고자 한다. The Korean Civil Law stipulates liability for non-performance of contract obligation between consumers and sellers, while separately stipulating warranty liability. Academic research on warranty liability has supplemented theories and systems so far, focusing on protecting the rights of buyers. However, the protection of the seller's rights was neglected in the matter of defect judgement. This study reviewed the concept and judgement standards of defect, Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees and the United Nations Convention on Contracts for the International Sale of Goods(CISG) on the Relationship with the Concept of Non-Conformity of Contracts and articles 580 and 581 of the Civil Law and 69 of the Commercial Act related to special rules on commercial trading. In particular, consumers who seek illegal gains through unfair lawsuits, such as malicious consumers or black consumers who demand excessive compensation with forced claims even though there is no defect in the product, are also a factor that hinders the development of SMEs regardless of the quality improvement of their products. It studies the legal response methods of business operators to these evil consumers or companies which claim defects and engage in unfair tyranny without a rational reason.

地方議會 議政活動에 관한 實證的 硏究 : 경기도내 광역, 기초의원을 중심으로 centering around Kyunggi Province

李達淳 수원대학교 1992 地域社會開發 Vol.4 No.-

The local self-government in korea revived in 1991 after the long period of abrogation during 30 years. And it is less than 2 years since 1991 that the local councils and their members could have experiences their own course. This study tries to understand the political orientation of the local councilmen by less-than-2-year experience. For the purpose of developing the local self-government, this study is based on the positive analysis on the problems in their activities. On the research those found were as the following : 1. It was found that the duty satisfaction of the local councilmen was not high. 2. It was found that the political behaviors of the local councilmen were both reasonable and irreasonable, rational and irrational. 3. It was found that the political orientation of the local councilmen reflected authoritarian and conservative characteristics. It is notable that most councilmen, though operation of the local self-government aimed at achieving the era of pluralism and decenteralization, took a negative view of the interest group activities. 4. It was found that the local councilmen regarded intervention of the political parties in thr process of the local council as unjust, irrespectively of the respective scholarly attainments, occupations, and incomes. 5. It was found that the local councilmen claimed not only daily expenses and travel expenses but increased allowance for thr local council activities, irrespectively of their respective monthly incomes and thier incummbency as the nonpaid public servants in honor. 6. It was found that division of labor or differenciation of funtion between the ecntral government and the local government, and the national assembly and the local council was not clear. 7. It was found that only 13 elected local councilmen(18 per centage) expended less than the legal campaign funds. this indicates that it is needed to improve the electoral system to catch the present reality. In sum, to activate the future politics of the local self-government, it is requested to take the resoluted measurs for distribution of power from the the central government to the local governments and for promotion of the financial independence.

해방정국과 이승만

李達淳 水原大學校 社會科學硏究所 1997 社會科學論集 Vol.9 No.-

地方自治와 政治發展

李達淳 수원대학교 1990 地域社會開發 Vol.2 No.-

This paper is intended to analyze the major Values of decentroliting politics and its relationship to political development from first to sixth Regime in Korea. Virtually one of the most polemical issues in contempory Korea in problems associated with Local Autonomy. The funtions of Local government can be divided into two types, one in the local function, that is, the regulation of purely local affairs for the interests and welfare of the local constitueney. The other eype includes the funcfions and activities of Local government which are assigned or delegated by superior authorities in the central government or its administration organs. But many scholars argues that Korea Severdy lacks democratic and liberal political tradition, civil liberties and civil rights, local autonomy, decentralization and political puralism. If it is true, the local autonomy and local elections are not free from all those political culture, rather symbolize korean political history. Thus korea has a hierarchical or authoritain political culture, perhaps by the nature of confucianism, Japanese colonial rule, American Military Government in korea after World war Ⅱ, the rules including Syngman Rhee, and Military Government after 1961, and the rulers trend to take a paternalistic attitude toword the people. And due to the economie hardships caused by war, political instability and the failure of Leadership, the experiment of local self-government during the 1950's and 1960 in 2th regime did not bear fruit concerning increasing the ability of government to institution of local autonomy. In addition, some Salient natures of the korean political party in the local election com be summaized as discontinuity, rootless, and progandess. Political Party in Korea have traditionally been rootless at the local level because the political parties were more deeply involved in national politics. If political panty in itself is democratic, political party involved in the local eleation shall be inclusive. otherwise for the present political party shall be exclusive. In oreler to give the local government its proper place in the national political process, Political Power should first be decentralized, local goverment is the best possikle instrument that would distribute political power widly olemocratic lines end Satisfy communities needs. Eastablishing a sound healthy of local autonomy is essieutial to democracy in political party and, thus, will be one of the most imminent chaalleuges for political development in korea for years to come.