http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
- 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
- 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
RISS 인기검색어
- 검색키워드
- 저자 : 배병일 ( Byung Il Bae ) (검색결과 65 건)
- 무료
- 기관 내 무료
- 유료
-
배병일(Bae, Byung-Il) 한국민사법학회 2004 民事法學 Vol.26 No.-
There are many buildings, but more persons need to lease them. Therefore Civil code legislate lease stipulation for a large number of lessees. According to the 618th article of Korean Civil Code, a lease becomes effective when one of the parties has agreed to allow the other party to use an object and take profits therefrom, and the latter has agreed to pay rent for it. But lease stipulation of the Civil Code is lack of protection for the lessees of the real estate. Therefore Korean government legislates a Protection Act on the Housing Lease for the lease of housing in 1981. For the lease of business building, the 16th Korean National Assembly passes a protection bill on the lease of business building in 2001. Generally the lease of business building accompanied with premium or foregift. The premium is given and received between lessee and sub-lessee, sub-lessor and sub-lessee. In some cases, the premium is given and received between lessor and lessee. The lessor have not liability for a premium is given and received between lessee and sub-lessee, sub-lessor and sub-lessee. But the lessor received premium must refund the lessee, if the lessor rescind the contract in the periods for lease.
-
-
-
-
-
-
-
배병일 ( Byung Il Bae ) 영남대학교 법학연구소 2011 영남법학 Vol.0 No.32
There is a room for doubt about whether or not Korean Supreme Court case has binding force. In Article 7 of Korean Court Organization Act, the judgment authority of the Supreme Court shall be exercised by the collegiate panel composed of not less than two-thirds of all the justices of the Supreme Court with the Chief Justice of the Supreme Court presiding. Where it is deemed necessary to modify such opinion on the application of the interpretation of the Constituion, Acts, administrative decrees, and regulations, as was formerly decided by the Supreme Court. In Article 8 of Korean Court Organization Act, any decision made in a judgment of a higher court shall bind the court of lower instance with respect to the case in question. Korean Supreme Court case does not bind de jure. But Korean Supreme Court case shall bind the court of lower instance and itself de facto. Therefore because Korean Supreme Court case binds force, it will have possibility of being maintained in future. I think that Korean Supreme Court case is regarded as resources of Korean Civil Law. Case study holds a key post in Korean Civil Law study in the Korean Law School system. The ratio decidendi of the Korean Supreme Court case is the point in a case which determines the judgment or the principle which the case establishes. In other words, legal rule derived from, and consistent with, those parts of legal reasoning within a judgement on which the outcome of the case depends. Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower and later jurisdiction-through the doctrine of stare decisis. By the way, Korean Supreme Court produces a little misunderstanding ratio decidendi with an inaccurate description now and then. Supreme Court Decision 93Da20177,20184 Decided Sep. 20, 1996 and Supreme Court Decision 2007Da63690 Decided Feb. 14, 2008 declared the latter of the duplicated registration becomes invalidity in such a case, the title holder of the latter does not claim acquisitive prescription. Supreme Court Decision 94Da30430 Decided Nov. 11, 1994 declared claim for acquisitive prescription is different from claim for duplicated registration, so that the title holder of the latter shall claim acquisitive prescription. In conclusion, the title holder of the latter does not claim that invalid latter registration is valid by reason of acquisitive prescription, so that the title holder of the former can claim cancellation of the latter registration. But the title holder of latter registration shall claim transfer of former registration by reason of acquisitive prescription as a counteraction.
-
배병일 ( Byung Il Bae ) 연세대학교 법학연구원 2009 法學硏究 Vol.19 No.3
This research explores the social and legal of multimillion won lawsuits claimed against an organ of expression for reporting a viewpoint on a public issue in a government decisional process. Several years ago, we find that President Rho Mu Hyun claimed damage against media organization as defamation lawsuits. By the way, at that time he demanded damage based on Korean Civil Law. Korean Civil Law prescribes any person who causes losses to or inflicts injuries on another person by an unlawful act, wilfully or negligently, shall be bound to make compensation for damages arising therefrom. And a person who has injured the person, liberty or fame of another or has inflicted any mental anguish to another person shall be liable to make compensation for damages arising therefrom. A SLAPP is a retaliatory lawsuit filed against public interest groups and individuals whose costitutionally protected use of the political process offends their opponents. If government agency or officer claimed lawsuits against an organ of expression for reporting a viewpoint on a public issue in a government decisional process, it should be dismissed as a SLAPP.
-
연관 검색어 추천
이 검색어로 많이 본 자료
활용도 높은 자료
