Institute for Legal Studies Chonnam National University最新文献

{"title":"A Study on the Role of criminal law in Metaverse","authors":"W. Lee","doi":"10.38133/cnulawreview.2022.42.3.177","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.177","url":null,"abstract":"Times are changing rapidly. Before you get used to one information and com- munication technology, you will encounter the next generation of information and communication technology. The world created by combining such technologies and converging them with real space is a metaverse. Metabuses, which are concentrated information and communication technologies, are like living creatures. As information and communication technology develops, metaverse also develops. However, just as sin entered the world in the beginning in the Bible, various types of crimes are emerging in metaverse. It is the criminal law that has played a role in preventing and suppressing crime so far. However, in the information age, the criminal law gradually gives its role to various specialized laws, and the role is relatively reduced. Of course, it can be seen that the role of the criminal law is not reduced because there are penal provisions in the area of specialized law. That statement is correct in form. However, in practice, in the area of specialized law, criminal law can no longer claim systematic superiority or priority. Criminal law plays an auxiliary role, not a leading role in crime. \u0000In this study, the types of crimes that criminal law can play a leading role in metaverse and the types that should be divided into specialized laws were distinguished. And it came to the conclusion that some of the crimes prescribed in the special law should be transferred to the criminal code. But this is a tentative way. In order to maintain the role of criminal law that has been historically established, integrated laws such as “metaverse criminal law” are needed. Therefore, it is necessary to systematically respond to cyber crimes scattered in the current specialized law area. The Metaverse Criminal Law is a special criminal law in form, but in practice, it will be a basic law for cybercrime. The work can no longer be delayed. From now on, the National Assembly, the government, academia, and working circles should have fierce discussions to establish a “meraverse criminal law system” that fits the new era.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"13 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":"130650735","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":"Comparative study on the family name","authors":"Junhyung Park","doi":"10.38133/cnulawreview.2022.42.3.97","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.3.97","url":null,"abstract":"Recently, gender equality is an important topic in our life, and in particular, there have been media reports on ‘the principle that the father’s surname takes precedence over the mother’s name’ in family law. According to Article 781 paragraph 1 of the Korean Civil Code, it specifies that the father’s name takes precedence when determining the child’s surname, and the surname of the mother can use as the surname of the child that there is an agreement between the parents when registering marriage. This article is criticized from the point of view of gender inequality, and it seems that most jurists agree on the need to reform this article. \u0000Family name is not unique to Korean law and culture, so we comparatively studied how other countries determine family name respecting gender equality. According to our comparative study, there are laws of other countries which states ‘the married name’ or ‘the usual name(nom d’usage in French)’ which influence the surname of the child, and there are laws which specify the priority of the convention of the parents to determine the child’s surname. In addition, we can find several ways to determine the child’s surname if one of the parents did not agree in the latter case. \u0000Since the introduction of ‘the married name’ or ‘the usual name’ for Korea may lead to social and legal confusion, it is reasonable to study on this subject on the assumption that ‘the married name’ and ‘the usual name’ are not introduced. That is to say, it is difficult to change the family name once decided, according to the principle of the immutability of the family name. Therefore, one must be more careful in determining the surname of the child. On these important issues, we propose a way to reform ‘the principle that the father’s surname takes precedence over the mother’s name’ into the principle that the father’s surname takes precedence if there is no agreement between parents, to introduce another method of determinations, and to change the time of determination from the time of registration of marriage to birth registration of the child. Through these studies, our law should introduce a family name-determining method that society agrees with.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"110 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":"134491760","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":"A Study on Succession of Jurisdiction Agreement under the Civil Procedure Act","authors":"K. Choi","doi":"10.38133/cnulawreview.2022.42.2.29","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.29","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128377966","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":"The Case Law of the European Court of Human Rights regarding Loss of Nationality","authors":"Hounjoung Kim, Yooncheol Choi","doi":"10.38133/cnulawreview.2022.42.2.1","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.1","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133403181","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":"A Study on the U.S. Congress's Power to Investigate the President's Financial Information","authors":"Yongsook Park","doi":"10.38133/cnulawreview.2022.42.2.161","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.161","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131212052","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 protection of intellectual property rights of digital therapeutics ― Focusing on measures to strengthen protection in patent law ―","authors":"Sangwook Lee, Seong-tae Jeon","doi":"10.38133/cnulawreview.2022.42.2.139","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.139","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133478683","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":"A Study on the Personal Information Consent System ― Focused on Sanctions and Remedies for Violations ―","authors":"Y. Ju","doi":"10.38133/cnulawreview.2022.42.2.109","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.109","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122256560","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":"Insight on the Operation of an Outside Director System","authors":"M. Choi","doi":"10.38133/cnulawreview.2022.42.2.81","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.81","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126333867","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":"Some of the problems with the Excursion Ship Business And Perry Business drink control","authors":"Tae-Soo Kim","doi":"10.38133/cnulawreview.2022.42.2.65","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.65","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127931644","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":"The need for active examination of the object of a lawsuit and law suit trusts when exercising the right to claim property rights","authors":"Jun min Lee","doi":"10.38133/cnulawreview.2022.42.2.185","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.2.185","url":null,"abstract":"","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131041467","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}