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      • 消費者保護法制小考

        尹良洙 제주대학교 1982 논문집 Vol.14 No.1

        Consumer protection is the urgent legal issue in our society, because the damage of consumers is one of the trespasses which newly emerging in the age of mass production, mass sale and mass consumption. We can say, nowadays, that most consumers are unskilled buyers, unable to judge soundly the utilities of the myriad items sold to them, unwitingly manipulated by advertising, submissive to adroit selling techniques, and threatened from harmful and dangerous goods. Recently our government have recognized the importance of consumer protection, and enacted The Consumer Protection Act to reinforce the consumer's position in 1980. This law is to regulate the duty of a state and a local self-government for protection of consumer's fundermental right and the reasonable living of consumers, and to regulate the duty of enterprisers and the role of consumers. But the legal measure on this law is not complete to consumer protection. For the substantial protection of consumers, the government should establish the consumer's rights which have not been defined in The Consumer Protection Act, and adjust or revise the existing laws and regulations relating with consumer protection for the maximum guarantee of the consumer's rights. Government agency for the solution of consumer's dissatisfactions should be established, and the function of this consumer agency should be expanded and strengthend to promote the policy of consumer protection. Judicial system should also be improve (to adopt class action, taking an example), and administrative and judicial process to remedy of consumers damage should be rationalized to fulfill more effective consumer protection. We can say that legal supplement are urgently reguired to promote the fuller realization of the consumer's rights, including the right to be safety; the right to be informed; the right to choose; the right to be heard; the right to redress; the right to be educated and to organize.

      • 「特定地域綜合開發促進에 관한 特別措置法」考察

        尹良洙 제주대학 1980 논문집 Vol.12 No.2

        The special law for promoting the comprehensive development of specific areas was enacted in 1980, arising from the necessity of promoting balanced national development and rationl land utilization in specific areas, including Jeju-do. The aims of this article are, to examine legal control forms of land use in specific areas, to inquire into the problems involved in this special law, and to survey countermeasures against the resistance of landowners opposed to the enforcement of this special law. The main topics of this paper are as follows ; Ⅰ. Introduction. Ⅱ. The necessity for, and the background of, this special law. 1. The necessity for enacting this special law. 2. Constitutional background of this special law. Ⅲ. Legal character and purpose of this special law. Ⅳ. The ways of promoting the development of specific area. 1. Direct authoritative ways. 2. Direct unauthoritative ways. 3. Indirect ways. 4. The compulsory means of regulations. Ⅴ. The problems involved in this special law. 1. How to secure a substatially rational regional development plan. 2. Participation of interest groups in the procedure of making regional development plans. 3. The problem of compensation. 4. Social expropriation of development values. 5. Administrative remedy system. 6. Reasonable arrangement of major public works projects. Ⅵ. Conclusion.

      • 濟州道內 마을共同財産의 市ㆍ郡에의 歸屬과 그에 따른 主民權益問題

        尹良洙 제주대학교 1987 논문집 Vol.24 No.1

        "Dong"-s and "Ri"-s are the basic units of residents'associations in our country and are called village (Ma-eul) in this thesis. Villagers held such common properties as pasture land, forests and fields in a common ownership and these lands/ properties were cooperatively managed and cultivated by the village members themselves since old times. However, slnce the 1930's, these properties have been registered in public documents as belonging to the villages. In the 1960's, under the provision of Article 8 of the Provisional Treat Act of Local Autonomy, the ownership of these properties was transferred to cities or counties Article 8 reads, "All the properties and public documents of Eup (townships) and Myon(rual districts) shall be transferred to the concerned county". The writer has attempted to examine the legal-social problems arising from the transference of villagers'common properties to city or county and to seek clues to solving problems that arose. By Nature, villages are the dwellers' voluntary associations as unincorporated associations and they are not local self-governing bodies. It can be sald that villagers' common properties are owned by all villagers and that these are different from the properties of the former local self-governing bodies, called Eup and Myon. Accordingly, it has been seen that villagers'common properties should neither be affected by the above regulation nor be in the ownership of cities or counties in legal theory. Therefore, the villagers' rights on and to these properties have been trespassed as a result of the enforcement of article 8 which transferred villagers' common properties to cities or counties. In order to redress the villagers' infringed rights and interests, the provisions to return these properties to the related villagers' associations should be included as an amendment to the new Local Autonomy Act. Should it prove to be difficult to return these properties to the villages, it is necessary that the Local Financial Act be revised to institute a kind of public trust relation between the cities/counties and villagers' associations concerning the management of these properties.

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