간행물

Journal of Korean Law update

  • : 서울대학교 아시아태평양법연구소(구 서울대학교 법학연구소)
  • : 사회과학분야  >  법학
  • : KCI등재
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  • : 연속간행물
  • : 반년간
  • : 1598-1681
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수록정보
수록범위 : 1권1호(2001)~19권1호(2020) |수록논문 수 : 257
Journal of Korean Law
19권1호(2020년 02월) 수록논문
최근 권호 논문
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KCI등재

1Activation of Securities Class Actions in Korea: From a Procedural Perspective

저자 : Wonyol Jon

발행기관 : 서울대학교 아시아태평양법연구소(구 서울대학교 법학연구소) 간행물 : Journal of Korean Law 19권 1호 발행 연도 : 2020 페이지 : pp. 1-29 (29 pages)

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The purpose of opt-out class action is to give plaintiffs' counsels incentives to file lawsuits in areas where individual person has difficulty in setting out a lawsuit. 'Securities-related Class Action Act'(“SCAA”) in Korea was introduced on January 20th of 2004 with the same intention. But SCAA cases in Korea have rarely been filed and the number of cases since the act's enforcement to date is only ten.
This article analyses those 10 cases, and tries to grasp the causes of such listlessness, mainly from a procedural perspective. One of the pivotal reasons of the inactiveness seems to be the time consuming permission process, which generally takes more than 4 years even before starting the first session at first instance trial court. On the other hands, litigation costs, attorney-fee system or the lack of discovery system in SCAA might occupy some of the causes, but do not seem to be the main reasons.
Although there would be no royal road to activate SCAA, this article tries to provide some ways to activate it. The first is to encourage the courts to change its attitude toward SCAA actions. The court should understand the difference between permission process and main process on merits, and why this kind of litigation is needed. Some minor factors, such as relaxation of the counsel requirements and reduction of member requirement would also be helpful.

KCI등재

2Inquiry on Unexpected Development of Bestellung v. Anstellung in Korea

저자 : Ok-rial Song

발행기관 : 서울대학교 아시아태평양법연구소(구 서울대학교 법학연구소) 간행물 : Journal of Korean Law 19권 1호 발행 연도 : 2020 페이지 : pp. 31-46 (16 pages)

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The distinction between an organizational act and a contractual relationship among players has been well established in corporate law doctrines. The organizational Bestellung v. contractual Anstellung is one such example. Recently, the Korean Supreme Court reversed the legal doctrine related to Bestellung and Anstellung, and held that Anstellung is not required for a person appointed as director by shareholders' meeting to have status of the company. This conclusion is arguably convincing, but surprisingly, the majority of Korean legal academia does not agree with it. This paper argues that such a majority view misunderstood the relationship between the Bestellung and Anstellung in German corporate law and, furthermore, between organizational act and contractual relationship in general. As a matter of fact, the German court or legal academia is very unlikely to have such a concern for this issue, since the supervisory board is bestowed with the power of conducting both Bestellung and Anstellung, which is not the case in Korea. In that sense, this recent court decision also shed light on the different legal structures of corporate management between Germany and Korea.

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The conglomerate model, once thought of as a past relic, has begun to stage an astonishing comeback in a seemingly unlikely place―none other than the high-flying and perennially evolving tech industry. This comeback has coincided with an intriguing change in the nature of competition for the high-tech industry in the digital era, morphing into a multi-contact war between conglomerate-like businesses, with clashes ensuing on multiple battlefields. While this phenomenon has yet to receive proper attention in antitrust circles, multi-contact competition is not completely novel for antitrust. Antitrust has grappled with these aspects in the past, mostly in conglomerate mergers. But, there has not yet been a proper analysis of the recent rise of multicontact competition waged by conglomerate businesses (either in substance or true form) in today's tech industry. This paper provides a foray into certain key aspects of multi-contact competition waged by conglomerate tech businesses with implications for antitrust law and analysis. Analysis shows it would be wrong to consider emerging conglomerate competition in the digital era as a throwback from the past. Careful consideration of a firm's strategy is required to properly analyze this phenomenon, as should be for antitrust analysis generally.

KCI등재

4Notable Cases on Constitutional Law

저자 : Sang-hyeon Jeon

발행기관 : 서울대학교 아시아태평양법연구소(구 서울대학교 법학연구소) 간행물 : Journal of Korean Law 19권 1호 발행 연도 : 2020 페이지 : pp. 63-80 (18 pages)

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가장 많이 인용된 논문

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가장 많이 인용된 논문
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1연안해역에서 석유오염물질의 세균학적 분해에 관한 연구

(2006)홍길동 외 1명심리학41회 피인용

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2미국의 비트코인 규제

(2006)홍길동심리학41회 피인용

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가장 많이 참고한 논문

(자료제공: 네이버학술정보)

가장 많이 참고한 논문

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2미국의 비트코인 규제

(2006)홍길동41회 피인용

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해당 간행물 관심 구독기관

서울대학교 연세대학교 Cornell University Harvard University Monash University
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  • 1 서울대학교 (4건)
  • 2 연세대학교 (3건)
  • 3 Cornell University (1건)
  • 4 Harvard University (1건)
  • 5 Monash University (1건)

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