Distinguished Papers on Korean Law Vol.1
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JUNG, Geung Sik¡¤YUNE, Jin Su¡¤CHO, Kuk¡¤KIM, Jong Bo¡¤JONG, Sang Jo¡¤SUK, Kwang Hyun
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ISBN
978-89-285-1146-4 (93360)
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28,000¿ø
Distinguished Papers on Korean Law
consists of six different writings on current legal issues, all written by renowned professors
at Seoul National University School of Law. Indeed, the book is an attempt to provide
readers outside Korea with an introduction to the Korean legal studies as well as profound
knowledge on the substance of Korean law.
This volume includes six chapters that present a range of legal contexts and practical
perspectives aimed at achieving a broad understanding of Korean law, including legal history,
civil law, criminal law, administrative law, intellectual property law, and conflict of laws.
Chapter 1 presents a discussion of Korean legal history regarding family transformation.
Chapter 2 considers how economic efficiency can be considered in the interpretation and
the application of Korean law. Chapter 3 addresses several theoretical issues for retrospective
punishment of state crimes against human rights. Chapter 4 discusses the reason for the
failure of the Yongsan International Business District Project from a public law perspective
while assessing where the liabilities lie. Chapter 5 addresses whether and how the current
unfair competition laws deal with unfair trading practices in the era of new technologies.
Chapter 6 analyzes the legal relationship between South and North Koreans from the
perspective of conflict of laws.
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Preface
Foreword
Succession of Ancestor Worship according to Clan Code and Changes in Families in the Joseon Dynasty¡«JUNG, Geung Sik
I. Ancestral Rituals: Historical Present
II. Introduction of Zhuxi¡¯s Family Rituals and Reality in Families
III. Spread of Ancestral Rituals According to Clan Codes
IV. Property Inheritance
V. Formation of Munjung and Emerge of Patriarchs
VI. Conclusions
Should the Interpretation and Application of Law Consider Economic Efficiency?¡«YUNE, Jin Su
I. Introduction
II. Debate in Germany
III. Role of Economic Efficiency in the Interpretation and Application of Law
IV. Conclusions
Non-applicability of Statutory Limitations to State Crimes against Human Rights and Ex Post Facto Principle¡«CHO, Kuk
I. Introduction
II. Definitions
III. Non-Applicability of Statutory Limitation to State Crimes against Human Rights and Ex Post Facto Principle
IV. Conclusions
Yongsan International Business District Project: reasons and liabilities for failure¡«KIM, Jong Bo
I. Yongsan International Business Development Project: initiation and failure
II. Selection of base laws and related errors
III. Limitation in expropriation rights
IV. Yongsan Project and its Implementers
V. Conclusion: reasons for failure and solutions
Regulations for Unfair Business Practices:Legal Response to Technological and Market Developments¡«JONG, Sang Jo
I. Introduction
II. Disputes Arising from Technology and Market Changes
III. Current Statutes and their Limitations
IV. Challenges Facing the General Clause
V. Conclusions
Regulating Legal Relationships between South and North Koreans: Focus on Private Inter-regional Law Rules and Special Substantive Law Rules¡«SUK, Kwang Hyun
I. Introduction
II. Private International Law and Private Inter-regional Law
III. Legal Status of North Korea and Viewpoints on Legal Relationship between South and North Koreans
IV. Jurisdiction (or Inter-regional Jurisdiction)
V. Law applicable to Various Legal Relationships and Special Rules governing Substantive Law Issues
VI. Recognition and Enforcement of Foreign Judgments and North Korean Judgments in South Korea
VII. Judicial Cooperation
VIII. Concluding Remarks
Professor of Law, Seoul National University School of Law
JUNG, Geung Sik
YUNE, Jin Su
CHO, Kuk
KIM, Jong Bo
JONG, Sang Jo
SUK, Kwang Hyun