핵심교양: 법철학과 유가사상
기말시험은 6월15일 목요일 오후2시에 강의실(교양관 605호)에서 실시합니다. 자신이 소지하는 모든 자료 참조 가능합니다(온라인 자료 포함, 노트북, 태블렛 등 지참 가능)(오픈북 시험).
과제물 제출 일정은 다음과 같습니다.
- 과제물의 분량은 A4 용지 2면 이내.
- 제출방법은 https://lawlec.korea.ac.kr/essay/ 에서 직접 업로드
- 제출 기한: 과제 [1]은 5월16일 23:00, 과제 [2]는 5월30일 23:00 까지
[과제1]
법의 구속력과 강제력에 대하여 설명하라.
[과제2]
논어의 첫 귀절 "學而時習之，不亦說乎?" (學而 1.1)에 대해서는 "배우고 때로 익히면 즐겁지 아니한가?"라는 해석과 "배우고, 적절한 때에 그걸 실천하면 기쁘지 않겠나!"라는 해석이 가능한데, 이 두 해석 간의 차이점을 설명하라.
법학전문대학원: Korean Contract Law I
End-term examination will be held on 15 June at 10:30. You may consult all materials that are in your possession, including online materials (Open book examination).
Written works should be handed in as follows:
- Your written work should not exceed 2 sides of an A4 sheet.
- Completed written work must be uploaded at https://lawlec.korea.ac.kr/essay/
- Deadlines for the written works:
- Assignment 1 must be handed in by 23:00 on 16 May.
- Assignment 2 must be handed in by 23:00 on 30 May.
[Assignment 1]
Alice made an offer to Bob to sell her house in Seoul at the price of 360 million KRW. Alice's offer reached Bob on 24 March 2016. Bob took time to make up his mind. Bob sent the following email to Alice on Sunday 10 April at 11:32 am:
Dear Alice,
I have thought long and hard about your offer. Much as I would have hoped that you would offer a better price considering the deplorable state of maintenance (or lack thereof, rather) of the house, I decided to take it. Let's meet up next week to sort out the deposit payment of 36 million KRW (which is 10% of the contract price) and other details of the transaction.
Regards,
Bob
However, Alice's email server was experiencing a technical problem at the time and Bob's message could not be delivered to Alice's email account immediately. Bob's email server was holding the message and it kept trying to deliver the message.
On the same day, however, Alice telephoned Bob at 11:45 am (without knowing anything about Bob's email message) to tell him that she would be happy to make a better offer. She told Bob that she would agree to sell the house at 320 million KRW. Bob was happy to hear the good news and immediately agreed to buy the house at 320 million KRW. Bob did not say anything about the email because he simply assumed that Alice had read it when she telephoned.
Bob's email was delivered to Alice on Monday 11 April 2016 at 9:42 am. When Alice opened her emails later that day, she realized that Bob's email was sent before she telephoned him on Sunday morning. Alice was upset that Bob did not tell her about the email when they were speaking on the phone. Alice now insists that the contract price must be 360 million KRW. Bob was indignant because Alice changes her mind all the time. Bob insists that a new offer was made and it was accepted at the contract price of 320 million KRW.
Discuss how the dispute must be resolved.
[Assignment 2]
Viva Hospital ("Viva") is a registered non-profit corporation licensed by the Minister of Health. Viva's Memorandum of Incorporation stipulates that contracts which are worth more than KRW 1 billion must be approved by Viva's founder, Dr. Chang.
Mr Bean is a director of Viva. On behalf of Viva, Mr Bean concluded a contract with Ms Kim at the price of KRW 1.5 billion to purchase a plot of land from her in order to have the new cancer research laboratory built on it. Mr Bean forged Dr Chang's letter of approval for the contract and gave it to Ms Kim together with Viva's Memorandum of Incorporation. The contract also has a provision where Mr Bean represented that the contract is in full compliance with Viva's MOI and that Mr Bean has the full authority to conclude the binding contract on behalf of Viva.
Dr Chang discovered this transaction and claimed that the contract is null and void. Ms Kim insists that she was in good faith and that Viva cannot now disavow a contract which was executed by its director.
Discuss how this dispute must be resolved.
