All examinations will be "open book" examination. Students may consult materials (including online materials) in their possession.
The examination will be held in the classroom.
[End Term Exam for ACLP will be held on Monday 9 December 2019 at 2:00pm]
[End Term Exam for Korean Contract Law 2 will be held on Wednesday 11 December at 12:00 noon.]
Your written work should not exceed 2 pages of an A4 size sheet.
Completed work must be uploaded at https://lawlec.korea.ac.kr/essay/
Ancient Chinese Law and Philosophy (ACLP)
[ACLP Assignment No. 1]
"Are we bound by law?"
In preparing the written work, please consult:
Joseph Raz, "The Obligation to Obey: Revision and Tradition", 1 Notre Dame J.L. Ethics & Pub. Pol'y 139 (1985).
You may also consult, among others, George Christie, "On the moral obligation to obey the law" Duke Law Journal vol. 39 (1990) 1311
Due date: 18 November 2019, 23:00
[ACLP Assignment No. 2]
Discuss the following passage from Lunyu:
Duke of She (葉公) told Conficius, “In my village, there is an honest person. When his father stole a sheep, he testified as a witness.” Confucius said, “In my village, honesty is different. Father’s deed may be covered up by the son. Son’s deed may be covered up by the father. Honesty can also be found there.”
In preparing your written work, please take into account the classroom discussion (which will take place) and compare it with H Rosement, R Ames, "Family Reverence (xiao 孝) as the Source of Consummatory Conduct (ren 仁)" Dao, Vol. 7, No. 1, 9-19
Due date: 2 December 2019, 23:00
Korean Contract Law 2
[Korean Contract law, Assignment No. 1]
Alice leased a building to Bob, who is a chef and was looking for a space for restaurant. They agreed in 2012 that the lease was for 6 years, lease deposit is 100 million KRW, monthly rent is 1 million KRW and that Bob shall not seek any reimbursement in respect of the improvement of the building. Bob decorated the building tastefully with considerable investment. But the restaurant business was not going well lately. Bob had difficulty paying monthly rent. When the rent was in arrears for 3 months, Alice terminated the lease in May 2017. Alice paid the full amount of lease deposit into the court (so that Bob can collect it upon surrendering the possession of the builing to Alice) and demanded Bob to move out.
Bob refused. Bob argued that since the amount of the lease deposit was sufficient to cover the unpaid monthly rent, Alice had no ground to terminate the lease. Because Alice nevertheless demands Bob to move out, Alice is – according to Bob – committing a repudiatory breach. Bob argues that he, not Alice, has the right to terminate the lease and that he does exercise the right.
Bob claims that, since the lease is terminated due to Alice’s repudiatory breach, Bob is not bound by the agreement not to claim reimbursement. Bob is now arguing that until and unless Alice reimburses the costs of improvement, Bob will not move out.
While Alice and Bob were having these issues, Alice sold the building to Charles. Charles now demands Bob to move out. Bob is now arguing that until and unless Charles pays for the costs of improvement, Bob will not move out. In response, Charles argues that Bob ought to disgorge the unjust benefit of using the building to Charles. Charles further claims that even if Bob is entitled to a reimbursement in respect of the improvement, Bob’s reimbursement claim must be set off by Charles’s unjust enrichment claim against Bob.
How should this dispute be resolved? (2017 End term exam question)
Due date: 15 November 2019, 23:00
[Korean Contract law, Assignment No. 2]
Discuss the relationship between a joint venture contract (including, among other, 동업계약) and a partnership contract.
Due date: 29 November 2019, 23:00