Institute for Legal Studies Chonnam National University最新文献

{"title":"The Criminal Liability in the Case where the Transferor of the Nominated Claim has Received and Consumed Reimbursement before the Notice of Transfer","authors":"Sohyun Yun, Changwon Lee","doi":"10.38133/cnulawreview.2022.42.3.371","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.371","url":null,"abstract":"The court have acknowledged that if the transferor of bond received and consumed money, which is a reimbursement, from the debtor before the notification of transfer, the transferee has the ownership of the money and the transferor in the custody of the money and the transferor is guilty of the embezzlement, but lately denied all of it in this case. \u0000The majority opinion discussed whether to apply the ownership of money under criminal law, which is different from that under civil law. But, in this case, even if the reimbursement is not money, ownership belongs to the transferor, so it is reasonable to assume that ownership belongs to the transferor without discussing the concept of ownership of money under civil law. \u0000Recently, the court, distinguishing between the main benefit obligations and incidental obligations in the contract, recognized the breach of trust only in the case of non-fufillment of the main obligations. The majority in the case denied the breach of trust, adopting that theory. However, the court recognizes the storage duty under the principle of good faith in the case of embezzlement, and admitted that duty even in the case of a mistaken remittance, which is the case of no duty under the principle of good faith in the civil law because there is no transaction relationship at all. However, even in the civil law, in the case of subsidiary obligations recognized under the principle of good faith, they are not recognized as storage obligations under the Criminal Act. All of this goes against the unity of the legal system and the trust of the parties. \u0000In the case of additional obligations under the principle of good faith, which is recognized under civil law, it is considerable to recognize the obligation in the case of embezzlement or breach of trust in light of legal relations and the will of the parties of the case. That theory should be adopted in this case. However, since the ownership of the reimbursement product of the bond transferee is not recognized, it is quite considered as a breach of trust.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"181 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116080323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Die Mietpreisbremse nach dem Mietrechtsanpassungsgesetz (2019): Einführungsmöglichkeit in das koreanische Recht","authors":"Y. Choi","doi":"10.38133/cnulawreview.2022.42.3.147","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.147","url":null,"abstract":"Am 1. Januar 2019 ist das Gesetz zur Ergänzung der Regelungen über die zulässige Miethöhe bei Mietbeginn und zur Anpassung der Regelungen über die Modernisierung der Mietsache (Mietrechtsanpassungsgesetz - MietAnpG) in Kraft getreten. Durch dieses Gesetz wurden insbesondere die §§ 556d ff. BGB angepasst bzw. ergänzt, die durch das Gesetz zur Dämpfung des Mietanstiegs auf angespannten Wohnungsmärkten und zur Stärkung des Bestellerprinzips bei der Wohnungsvermittlung (Mietrechtsno- vellierungsgesetz - MietNovG) im Jahr 2015 eingeführt wurden. \u0000Nach der Gesetzesbegründung begegnet das MietNovG u.a dem folgenden Problem auf dem damaligen Mietwohnungsmarkt: „Zum einen steigen in prosperierenden Städten die Mieten bei der Wiedervermietung von Bestandswohnungen derzeit stark an und liegen teilweise in erheblichem Maß über der ortsüblichen Vergleichsmiete. Diese Entwicklung auf angespannten Wohnungsmärkten hat vielfältige Ursachen. Sie führt dazu, dass vor allem einkommensschwächere Haushalte, aber inzwischen auch Durchschnittsverdiener zunehmend größere Schwierigkeiten haben, in den betroffenen Gebieten eine für sie noch bezahlbare Wohnung zu finden. Erhebliche Teile der angestammten Wohnbevölkerung werden aus ihren Wohnquartieren verdrängt. Dieser Entwicklung sollen die neuen Regelungen im Mietrecht des Bürgerlichen Gesetzbuchs begegnen, indem sie die zulässige Miete bei der Wiedervermietung von Wohnraum in angespannten Wohnungsmärkten, die von den Landesregierungen ausgewiesen werden, auf die ortsübliche Miete zuzüglich 10 Prozent begrenzen.“ Dieses Problem besteht auch bereits seit langer Zeit auf dem koreanischen Mietwohnungsmarkt. Die bisherigen Versuche des koreanischen Gesetzgebers die Mietpreise einzudämmen, haben bislang noch keine signifikanten Wirkungen entfaltet. \u0000Der Verfasser untersucht in dieser Abhandlung die §§ 556d ff. BGB und deren Einführungsmöglichkeit in das koreanische Recht. Er kommt zu dem Ergebnis, dass die (detaillierten) deutschen Regelungen nicht den aktuellen Gegebenheiten des koreanischen Mietwohnungsmarkts sowie dem koreanischen Rechtsgefühl entsprechen. Angesichts der Eigentumsgarantie und der Vertragsfreiheit schlägt er vor, die bestehende Mieterhöhungsgrenze im koreanischen Mietrecht zu erhöhen.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129404600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Issues about ex post settlement of Labor Costs in Public Contracts","authors":"Hosoon Chang","doi":"10.38133/cnulawreview.2022.42.3.233","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.233","url":null,"abstract":"The ex post settlement is widely used in public contracts. Since public contracts have the characteristics of a judicial contract, the addition of special conditions to the contract is not prohibited or restricted. Ex post settlement is not allowed in the absence of a special contract. On the other hand, if there is a special contract, it will be decided whether it is an unreasonable special agreement depending on the specific circumstances. \u0000The problem is the ex post settlement of labor costs. The Guidelines for protection of working conditions for Contracting-out workers allow the ex post settlement of labor costs. With respect to labor costs, the service provider may object. On the other hand, workers belonging to a service company can claim that all the labor costs are their share. \u0000It can be said that it is necessary for public institutions to achieve the public purpose of budget reduction through ex post settlement. However, it should be considered that the ex post settlement can be used as a means of resolving the low-wage structure of workers belonging to service companies.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127565038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Responsibility of supervisors for illegal activities of minors by non-custodial parent: Focused on the Supreme Court Decision 2020Da240021 Delivered on April 14, 2022","authors":"Na-Rae Kim","doi":"10.38133/cnulawreview.2022.42.3.343","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.343","url":null,"abstract":"Recently, the Supreme Court ruled for the first time that the non-custodial parent is not responsible for supervising illegal activities of underage children in principle and are liable for supervision only when there are special circumstances such as doing general and routine guidance for underage children or being able to specifically predict the illegal activities of underage children. This ruling will serve as a precedent for determining whether a non-custodial parent is liable for damages for illegal activities of underage children. However, this attitude of the Supreme Court needs to be reviewed in terms of the relationship between parents and children after divorce, the burden of liability for damages of parenting parents raising underage children, and the victim's relief and responsibility for proof. \u0000If the non-custodial parent is excluded from supervisor responsibility for minors in principle, the responsibility of the custodial-parent after divorce is significant, and it is worrisome that if the parent exercises the right to interview and pays child support only when he or she wants, he or she will be free from the responsibility for illegal activities. And, under the current civil law, the basis for supervisor responsibility for illegal activities of underage children varies depending on whether they are capable of responsibility. The basis determines whether the victim should prove the supervisor's negligence and causal relationship. In addition, in order to hold the non-custodial parent responsible as a supervisor, it is quite difficult for the victim to be rescued from the damage because the victim must prove a special situation. \u0000Accordingly, regardless of whether or not a minor has the responsibility, the supervisor must be liable for damages to a third party, and the non-custodial parent needs to change the burden of proof for the special circumstances in which the non-custodial parent is liable. Specifically, the proposed amendment to the civil law is as follows. Article 755 (1) “The parents are responsible, regardless of whether a minor who has caused damage to another person has the ability to be responsible. However, in the case of a parent's divorce, he/she shall not be liable if the non-custodial parent proves that he/she is not responsible.” And in paragraph 2, “If a person who inflicted damage on another person is not responsible pursuant to Article 754, the person who is obligated to supervise him/her is liable for compensation.” However, this is not the case if the person liable for supervision has not neglected his/her supervisory obligation. Paragraph 3 includes the contents of Article 755 (2) of the current Civil Act.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121652445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal validity of notice of change in income without advance notice of taxation","authors":"yong-won kil","doi":"10.38133/cnulawreview.2022.42.3.397","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.397","url":null,"abstract":"The pre-deliberation review system was introduced through the revision of the National Tax Basic Law on August 31, 1999. It is a procedure designed to improve the effectiveness of taxpayers' rights relief by notifying taxpayers in advance of taxation. Currently, the system is undergoing an increasing revitalization process, which is partly an active remedy for rights, but some point out that it is either an abuse of tax investigation or a lack of thoroughness. \u0000In this regard, according to established Supreme Court precedents, if a taxpayer is not given the opportunity to examine pre-tax eligibility before the imposition, the imposition violates the taxpayer's procedural rights and is invalid because the procedural defects are serious and obvious. This is in line with recent judicial precedents emphasizing procedural legality of tax imposition. However, the Supreme Court's ruling (2020Du52689), which violates the purpose of such judicial precedents, is causing confusion for taxpayers. \u0000This case is a case in which the tax authorities should have given tax notices to corporations withholding tax before giving notice of changes in income, but failed to give the corporations withholding tax an opportunity to examine their pre-tax eligibility. In conclusion, the Supreme Court ruled that the notice of change in income amount was not subject to tax notice. The ruling is worth a considerable amount because it includes issues related to the principle of strict interpretation and the relationship between purposeful interpretation as a way of interpreting tax laws, including the principle of legal procedures under the Constitution. In particular, the discussion of literally interpretation and teleological interpretations and their limitations in the interpretation of tax laws and regulations has been dealt with quite meaningfully in Japan, and is continuously discussed in the Supreme Court's. \u0000Since the tax law is a compulsory law and an infringement code, a faithful interpretation of the law is the best way to interpret it in accorded with the principle of strict interpretation. However, if multiple interpretations remain as a result of the interpretation, it is necessary to uniquely determine the meaning and contents of the tax law by taking into account the purpose and purpose of the tax law, the value of the tax legislator. Given that tax legalism is the manifestation of democratic principles in the field of tax law, legitimacy under tax legalism is the value judgment of the tax legislator above all else, and those who interpret it should be respected as much as possible. It is necessary to reconsider the legislator's intentions on the pre-deliberation review system and the advance notice of taxation. \u0000In the end, what we need to focus on now is what kind of law application in specific cases is theoretically acceptable through expansion and inference interpretation. Comparative legal considerations can be one way to deal with this. The role of the theo","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132722118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Analysis of the Corporate Penalties in Korean Financial Laws","authors":"Byung-Tae Kim","doi":"10.38133/cnulawreview.2022.42.3.203","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.203","url":null,"abstract":"Corporate penalty has become an important and much-talked about topic. This Article argues that the provisions on corporate penalty create social costs in excess of its benefits and produce serious problems of over-deterrence. Moreover, some of them could be blamed on their illegitimacy. \u0000The Article, in turn, offers an overview of and commentary on the Korea approach to corporate punishment and an analysis of illegitimacy on the focus on financial law provisions. \u0000Part I and Part II begin with a discussion of corporate penalty and, in rough form, rules for analysis of illegitimacy on the financial law provisions. Part III examines several proposals in 6 key cases to change corporate penalties in financial laws, and explains why most of these proposals would barely alter the current structure: (i) the double regulation and punishment both by financial law and competitive law, and by financial law and advertisement law, (ii) the violation of the principle of proportionality under the Constitution, (iii) the criminal punishment and the administrative order punishment, (iv) the deficiency of criminal requirement and the principle of legality, (v) the appointment of chief privacy officers in financial institutions, and (vi) the penalty on joint penal provisions. Part IV addresses a conclusion of the Article. \u0000A close look at the such cases reveals a violation of the Constitution most of the time. For this reason, the special task force team by the Government recently organized is expected to take care of all possible problems in corporate penalty and punishment.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125970814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Debtor's Litigation Intervention in Subrogation Litigation by Creditor","authors":"S. Choi","doi":"10.38133/cnulawreview.2022.42.3.123","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.123","url":null,"abstract":"Subrogation litigation by creditor is a litigation by a creditor to a third debtor in order to preserve his or her bond. Therefore, the issue in subrogation litigation by creditor should first look at what legal basis the creditor exercises the debtor's rights on. And if the creditor has the right to perform a lawsuit, the subject of attribution, the debtor, will lose the right to perform a lawsuit. Whether it will be or not is the question. If the debtor's right to perform a lawsuit is lost due to the subrogation litigation of the creditor, the discussion surrounding the subrogation litigation by creditor can be discussed very simply. However, there is no opinion that the debtor's right to perform a lawsuit is lost, however, there is an opinion of a minority that it will be lost after notice of the fact of the subrogation. \u0000As such, whether the debtor's right to perform a lawsuit is a premise for the most basic discussion in a subrogation litigation by creditor. It seems that the discussion on the substantive law is insufficient. Since the issue of legal standing of a debtor under the litigation law is a form of expression of the right of management and disposition under the substantive law, a discussion on the substantive law should be a prerequisite. Therefore, in this article, we have discussed whether or not the debtor's right of management and disposition is lost due to notification of subrogation, etc. That is, the right of management and disposition of a subrogation bond of the debtor is not lost by notification of the fact of subrogation, etc., remain legal standing parties. As such, it is logical to think that if the debtor remains as legal standing parties during the continuation of the subrogation action, it can exercise all of its rights as a party. However, the majority theory and precedent are interpreted as being inevitably limited by the prohibition of duplicative litigation and the effect of excluding further litigation under the Litigation Act, and such majority theory and precedent do not appear to be unreasonable. Then, it should be discussed how to provide the debtor with the status as the parties to a suit the opportunity to participate in the subrogation action through other means. In this paper, the alternatives are to allow joint participation in litigation and Independent Party Intervention. Also, if it is difficult for the debtor to participate as a party due to litigation costs, etc., joint litigation supplementary participation equivalent to the status of the parties to a suit is possible. Therefore, the view of the majority theory that joint litigation supplementary participation can participate in cases where a third party subject to the effect of a judgment does not have legal standing should be revised.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128793552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development of the Outlooks on the Mandate of Heaven in Pre-Qin(先秦) Period","authors":"Jisu Kim","doi":"10.38133/cnulawreview.2022.42.3.1","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.1","url":null,"abstract":"This work will study the outlooks on the mandate of Heaven in pre-Qin period, as one of philosophical studies on the relations between Heaven & Human beings, the core of ancient thoughts in East Asian traditional history & culture. \u0000The 1st chap. is introduction, it will mention the theories on concepts of Heaven and a thesis that the Human models the Heaven as a leading study. \u0000The 2nd chap. will defy some definitions of the mandate of Heaven, the road(way) of Heaven, and Heaven’s vengeance as a punishment to disobedience against Heaven’s Will. \u0000The 3rd chap. will introduce main theories on three step developments of the outlooks on the mandate of Heaven in pre-Qin period mainly concerning works in the continent of China, which show an epoch-making change before and after reform & opening of socialist market economy. \u0000To the end of 20th century, researches in the continent of China were faithful (devoted) to historical materialism of Marxism and disparage the religions & faiths as a political tool & a narcotic against the people’s will. But from the beginning of 21st century, researches approve the positive functions of religions in the human history & culture, so appreciate developments of the outlooks on the mandate of Heaven in pre-Qin period. \u0000Then this work will try the author’s own analysis & criticism based on classical literatures. ｢on｣; (documen-tary) records; documents The 4th chap. is the outlook on the mandate of Heaven and the thought on disasters from Heaven in Yin(殷) dynasty. The 5th chap. is the outlook on the mandate of Heaven and the thought on disasters from Heaven in West-Zhou(西周) dynasty. The 6th chap. will survey and comment on the changes of the outlook on the mandate of Heaven in Spring & Autumn(Chun-Qiu) period and Warring States period. \u0000Lastly the 7th chap. will come up with an the author’s own idea of the probability of the historical, philosophical, and universal(or cosmic) origin of the outlook on the mandate of Heaven. The 8th chap. is a brief conclusion. \u0000The author of this work anticipate that some able students may have interest in this subject and accomplish further more deepening inquiry.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133656242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application and Limitations of the Principle of Digital Exhaustion in Europe: Tom Kabinet case and beyond","authors":"Hyun Kyung Park","doi":"10.38133/cnulawreview.2022.42.3.259","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.259","url":null,"abstract":"On December 19, 2019, the European Union Court of Justice (CJEU) issued a preliminary decision in the case of Tom Kabinet in the Netherlands. It was a much- awaited decision in a situation where there were mixed judgments on the application of the digital exhaustion principle among the member states of the European Union. \u0000According to CJEU's preliminary decision, second-hand sales of e-books are not subject to European Union Computer Program Directive(Directive 2009/24/EC) but the Information Society Copyright Directive (Directive 2001/29/EC). It was concluded that the principle of exhaustion of rights does not apply to the provision of second- hand e-books by downloading as the Communication to the Public provisions of Article 3 in InfoSoc Directive. \u0000However, the standards presented in Tom Kabinet's judgment are still not clear enough to be applicable to all digital works online markets, and platforms are competing to develop new business models and technologies to avoid these standards. The legal, technical and economic debates are likely to continue. \u0000This article discusses the scope and limitations of the principle of exhaustion of rights proposed by CJEU by examining the judgment of Tom Kabinet, and the necessity of the principle of exhaustion of rights. Chapter Ⅱ examines the general principle of exhaustion of rights, and Chapter III examines the CJEU judgment on Tom Kabinet in detail. In Chapter Ⅳ, Ⅰ will examine the significance of Tom Kabinet's judgment and its impact on the application of the digital rights exhaustion principle in the future. In the conclusion, the necessity and role of the principle of exhaustion of rights in the Copyright Act is mentioned, and the necessity of expanding the application of the principle of exhaustion of digital rights along with the problems of CJEU's preliminary judgment is raised.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133585249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Handling of Obligee’s subrogation litigation competing with the Obligor’s exercise of rights","authors":"Seung-Koo Kwak","doi":"10.38133/cnulawreview.2022.42.3.71","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.71","url":null,"abstract":"The Supreme Court(sentenced on June 25, 2020, 2019Da218684) recently made an important decision on the eligibility to be a party of the litigation for obligee's subrogation right that has been brought after the obligor has exercised his or her rights in court. That is, if the obligor has already brought an action and a judgment has been issued, the obligee is not eligible. This is because the obligee can bring a subrogation action only if the obligor has not exercised the right. This is the same conclusion as the previous judgments. \u0000This thesis was intended to study the non-exercise of the obligor's rights, one of the requirements for subrogation of obligee, with the above judgment as an opportunity. To this end, I first identified the legal nature of the subrogation of obligee. Next, the flow of Korean precedents on the handling of litigation by obligee by type of obligor's exercise of rights was examined. If the obligor has brought a lawsuit, it cannot be denied that the obligor has exercised the right. Because filing a lawsuit is the most powerful way to exercise his or her rights.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131262282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}