Дисертації з теми "Arbitrage (droit) – Corée (République)"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-31 дисертацій для дослідження на тему "Arbitrage (droit) – Corée (République)".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте дисертації для різних дисциплін та оформлюйте правильно вашу бібліографію.
Kim, Doowon. "Etude comparée du régime de la sentence arbitrale en droit coréen et en droit français." Thesis, Paris 2, 2021. http://www.theses.fr/2021PA020092.
Повний текст джерелаAn in-depth comparative study of arbitration between Korean and French law has never been considered in France. From the Korean comparative point of view, French arbitration law is of particular interest for the next possible directions of Korean arbitration law. For this reason, since the 1999 reform, even after the 2016 revision, Korean jurists have been paying attention to foreign arbitration regulations, especially with regard to the international influence of the French arbitration system. Therefore, it seems relevant to present the evolution of the two arbitration laws by focusing on several reforms that provide solutions to the problems raised by the application of the previous rules. Thus, the question is whether the current Korean legislation is sufficient to meet the requirements of the international community and to promote the Korean commercial arbitration system internationally. If not, should French law be used as an inspiration to define new directions for arbitration practices and laws ? In this respect, it seems interesting to compare in particular the regime of the arbitral award in Korean law and in French law. This comparative analysis will therefore seek to explain the reasons of the differences in the solutions provided by these two laws, on a legislative and jurisdictional level, in order to guide the Korean doctrine and legislator and to highlight developments likely to reassure foreign parties considering arbitration in South Korea
Kim, Jai Hyup. "Le droit de réponse aux médias en Corée du Sud." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32053.
Повний текст джерелаThe method of executing the right of reply vary from country to country. That method in Korea is somehow special. Above all, a Committee of Mediation of Media (CMM) handles preliminary the conflicts concerning the right of reply. The CMM is a very common authority with highly specified functions. In 1980, Korean legislators thought that introducing the right of reply for the first time would cause too much mess and trouble. In order to minimize the ineluctable shock, they created the CMM. Finally, the CMM is very effective and necessary not only to the press, but also to the victims by mass medias. Recently, there are much discussion on the right of reply for a prompt, economic and sufficient settlement of the strifes occured by the mass media
Ahn, Chang Nam. "L'imposition des entreprises étrangères en République de Corée." Paris 2, 1997. http://www.theses.fr/1997PA020060.
Повний текст джерелаJeon, Hak-Seon. "Le contrôle de la constitutionnalité des normes et du respect des droits fondamentaux en Corée." Paris 11, 1998. http://www.theses.fr/1998PA111011.
Повний текст джерелаThe primacy of the constitution may be retained by constitutional rigidity, namely by adoption a more complex constitutional ? Than those currently used for laws reform. Judicial review can maintain a constitution respect. The judicial review has been instituted in korea on 1948. The 1987 constitution of the current sixth republic introduced the constitutional court system of the european type. The constituent assembly of 1987 decided to open the access of the private persons to the judicial review (exception and constitutional petition). Now the constitutional court in korea take an important role for the fundamental rights
Myoung, Soon-Koo. "La rupture du contrat pour inexécution fautive en droit coréen et français." Paris 1, 1994. http://www.theses.fr/1994PA010265.
Повний текст джерелаThe main goal of this study consists in revealing the theory best adapted to Korean law within the scope of the cancellation of contract, seeking after its true genealogy. The criticisms on traditional korean doctrine concerns firstly the notion of the breach of contract as causes of the cancellation. The analysis of law shows that the German conception was not adopted by the drafters of the Korean civil code. The Korean system is analogous to the french system. The main difference between french and korean law in the very moment of intervention of the judge. The Korean law differs from the German law, too in the exercising of the right of cancellation, especially concerning rhe option given to the creditor victim of breach of contractual obligations and the concurrence between the cancellation and the compensation for damages. As far as the retroactivity is concerned, any argument implying the non retroactivity cannot be admitted in the Korean law. The legal system about the cancellation of contract in the Korean law is similar to the french system in many points of view
Han, Seung-Jun. "L'urbanisme planifié et opérationnel : étude comparée entre la France et la Corée." Paris 1, 1997. http://www.theses.fr/1997PA010281.
Повний текст джерелаThis study compaping French and Korean laws presents the ways and means used after decentralization and competence tranfers relating to city-planning. It poses the problem of Korean city-planning rules relevance the preliminary part reviews development of city-planning's rules. In an historical way for korea, it analyses after wards the institutional system through the actors, then, decentralization of city-planning's rules in Korea and France. However, competences tranfer has been successfull in France, it comes up against many problems in Korea, particularly the abscence of any general principle. The first part puts forward the nature and content of national and local applications rules in France, the "POS" ratifies decentralizations mouvement and the "SD" comes from a cooperation between communes. In Korea space planning is based on "PAS" and "SD" that emphasize the abscence of local dialogue. The second part studies the means concerning concret applications of planned developments land use's and financial control expreses itself in a different way in the two countries, in France, communes are obliged to take on city-planning's financial obligations but they receive neverthelessaides from state. In Korea high population density represent obstacles. At last, techniques in city-planning's operations apply to housing development and zac in France and to "remembrement" and ZDAF in Korea. So, the various elements inspired by French system could without any doubt bring solutions to korean problems
Jung, Yung-Jin. "Le cadre juridique des activités spatiales nationales : recherche sur les pays du Nord-Est asiatique : Japon et Corée." Paris 11, 2009. http://www.theses.fr/2009PA111024.
Повний текст джерелаKwon, Sea-Hoon. "La réalisation des villes nouvelles en France et en Corée." Paris 1, 2009. http://www.theses.fr/2009PA010289.
Повний текст джерелаGuichard, Justine. "The Judicial Politics of Enmity: A Case Study of the Constitutional Court of Korea's Jurisprudence Since 1988." Thesis, Paris, Institut d'études politiques, 2014. https://doi.org/10.7916/D8R78CBB.
Повний текст джерелаJo, Hong Lai. "Le régime de l'information en Corée du sud de 1961 à 1987 : Approche comparative des régimes juridiques autoritaires de l'information." Paris 2, 2009. http://www.theses.fr/2009PA020056.
Повний текст джерелаYoo, Jusung. "La formation historique des organes d’enquête criminelle en Corée du Sud : l’influence du droit français." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100208/document.
Повний текст джерелаEach Country has its own system of criminal investigation, with its own historical and cultural evolution. Despite major changes in Korean society during the twentieth century such as Japanese colonization (1910-1945), division between the north and south of the country (1945), Korean War (1950-1953), the establishment of a military dictatorship by coup d’état(1961), and so on. Korea became a democratic country, continuing even today to democratize its society to remove remnants of past systems that are always present. One of the important points of this democratization is the reform of the judicial system to make the country more just and restore the confidence of the Korean people in it. To understand the current situation, it is necessary to present the evolution of criminal investigation system in Korea throughout its history, particularly the historical formation of the public prosecutors’ service and the national police as the criminal investigative agencies. Also we have to note the importance, for this subject, of Japanese law and French law, because the Korean criminal investigative system is a system strongly influenced by the judicial system of the both foreign countries. However, it is not possible to find a direct influence of French law in the legal history of Korea because Korean law has just borrowed the institutional concepts from French law under the influence of Japanese law (who had adopted the French law to modernize its judicial system during the Meiji period) during the Japanese colonization. Thus, there are some traditional conceptions of French institution in the current Korean system, centralization and hierarchy. The Korean police and the public prosecutors’ service, which are the two main organizations are responsible for dealing with criminal cases, are centralized and they also have hierarchical relationships between them
Charles, Florent. "La question coréenne et le problème de la réunification." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0004/document.
Повний текст джерелаFor already sixty years, Korea has been divided into two states, the Popular Democratic Republic of Korea in the North and the Republic of Korea in the South. The Korean civilisation exists in the korean peninsula since the era of the prehistory. The Korean nation will develop itself progressively and will be unified before its annexion by Japan from 1910 until 1945. Afterwards Korea will be free from Japan thanks to the armed intervention of the soviet troups above the 38th parallel and of the american troups below. This temporary demarcation line will become definitive after the creation of two governments and the occupation of the South by the american army. The Korean war from 1950 until 1953 will make the situation worse leaving side by side two governments leading to recurrent political and military conflicts. Because of this division imposed from the outside, the two Korean states came closer to each other to cooperate in certain fields. However the korean reunification seems to be compromised since the conservative government in the South came into power and refused the korean peninsula to be reunified using the system of confederation, the Republic of Korea prefering absorbing the North. The problem of the reunification overtake the borders of the peninsula. It concerns above all China and the United States. Japan is also concerned. Europe is missing from the debates. The Federation of Russia seems to be the only big power having no objection to the reunification of the korean peninsula and ready to help Korea to accomplish this goal
Kim, Ji Young. "La réforme des finances publiques en France et en Corée." Paris 1, 2012. http://www.theses.fr/2012PA010259.
Повний текст джерелаOh, Su Won. "Action oblique en droits français et coréen." Paris 1, 2002. http://www.theses.fr/2002PA010279.
Повний текст джерелаYang, Dae-Seung. "La protection des marques par les actions en contrefaçon et concurrence déloyale en droit comparé français et coréen." Paris 1, 2007. http://www.theses.fr/2007PA010281.
Повний текст джерелаDuvert, Christophe. "Le sens de la justice en Corée du Sud." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020038.
Повний текст джерелаThis study on the South Korean justice, past and present, seeks to set out the terms or values that could guide towards a better understanding of this concept. It aims to reveal the distinctive aspects of its legal tradition that went through multiple upheavals and whose current perception is blurred.Conceptualized and institutionalized in its contemporary form on a western mold, justice is in itself a unique and ancient Korean legal tradition. Compared to the Western « legalistic » view, traditional Korean legal thought is based on a moral drawn from Confucianism. This ethic based on knowledge, virtue, and etiquette, will help shape a theory and practice of justice whose influence endures to this day.To discover the meanings of justice in South Korea and clarify what justice means and represents through time, the first part attempts to define all the ideas connected with the principle of justice. The second part discuss the judicial institution and aims to trace its historical thread to explain the changes experienced by the different forms of administration of justice. The third part focuses on the feelings of justice. It aims to describe how South Koreans perceive and grasp justice. To do this, it is the perception of the idea and the image of justice understood both as a principle and judicial function that is analyzed, as well as the way this perception is received
Lee, Sunwoo. "Étude sur le contrat administratif : contribution à une étude du droit comparé de la Corée et de la France." Paris 1, 2008. http://www.theses.fr/2008PA010251.
Повний текст джерелаYeo, Eun Tae. "La gestion de l'eau en Corée et en France." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010289.
Повний текст джерелаAs for the main purpose of water management, water must be rationally managed and protected in a clean and health manner for human and environment. In this sense, we question the current Korean legal regime for water management which is highly fragmented and thus not able to achieve the main purpose of water management. Moreover "conflict" in a term that characterizes the water management approach in Korea. Debates on water management reform are certainly not new in Korea. In fact, previous studies carried out on administrative and legislative aspects of water management emphasize the need for a new legal framework reflecting a paradigm shift towards watershed and participator management associating local governments and residents. Thus, with regard to it, we decided to consider French water management law. From half a century ago, with the Water Act of 1964, France has appraised and integrate administrative aspects of water management at the level of river basins. Regarding to water law, France has undertaken the improvement of its legislation by adopting recognized principles of the international environmental law in water management. Thus, we consider that France's Iegislative effort towards water management could serve as a mode) for Korea's Iegislative research in water law
Jeon, Young. "La régulation de la communication audiovisuelle en France et en Corée du Sud." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1068.
Повний текст джерелаIn this convergence environment, only the « plate-forme » could be supply all of the communication formats. We wonder a question about the organization meltdown of the regulation, in the one side, the audiovisual communication and in the other side, the telecoms sector. Thus, a new institution has been created by the 29th February 2008 law n°8867 in matter of the setting and the management of the Korea Communications Commission (KCC) in place of the two preexisting regulation authorities whom run the audiovisual communication and the telecoms. In the same time, since 2007 in France, in consequence of the Senator Bruno RETAILLEAU report, the authorities took one’s stand for a possible fusion between The CSA and the ARCEP. This meltdown shall allow managing the audiovisual communication and the telecoms by the same regulation authority. However, this reform proposal is not still in the agenda, and raises new issues those even the Korean merger was not able to answer. Both the Korean system which runs with the convergence without a guarantee of the regulation independence in front of the State power, and the French system who guaranteed as possible this independence by separating the audiovisual communication regulation from the telecoms. We wonder on the appropriateness of the two systems, and which is the best performing to run the audiovisual communication regulation, to guarantee the independence of communication and the fundamental liberties which rule our democracies
Oh, Seung-Gyu. "La décentralisation dans le domaine de la police - étude de droit comparé : étude de droit comparé : la Corée et la France." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1008.
Повний текст джерелаKorea, which opened the era of democratization in 1987 moves towards democracy in daily life after the implementation of the system of local autonomy in 1995. In a general trend of decentralization and irrevocable and increased autonomy, decentralization in the field of police was under discussion as a means of completing the system of local autonomy. This issue of reform have led to the limited exercise of a decentralized police in Jeju province alone requires a further consideration. To do this, we need to look carefully into a legal system that is easier to receive in Korean law: the French regime. Indeed, France is a traditionally unitary and centralized state which pursues a decentralization process in depth, including the police. It results that the police be decentralized at the municipal level under the leadership of Mayor and under the control of local police committee at provincial level. The autonomous decentralized police has the general duties and is responsible for special police affairs. The National Police assume security in the municipalities that do not have own police service and the coordination and control for municipal police. In addition, the incorporation of the National Police and National Police Board should be changed from the Minister of Public Administration and Security to the Prime Minister. Control over the municipal police would be accomplished administratively by the local police, by national administrative authorities and the national police authorities, or judicially against individual administrative acts
Dang, Minh Tuan. "Contribution à l'importation de la justice constitutionnelle au Vietnam à la lumière des expériences de la Thaïlande et de la Corée du Sud." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40032.
Повний текст джерелаContrary to other Asian countries in which constitutional courts are responsible for reviewing constitutionality, Vietnam has entrusted this task to its National Assembly. The search for a new judicial review system capable of enforcing the Vietnamese Constitution is being considered in the light of experiences stemming from the adaptation of judicial review in Thailand and South Korea. These are as much factors for the failure as for the success of the adaptation of judicial review in those countries which show themselves useful for thinking over the possibility of transposing constitutional review to Vietnam: the influence of a foreign legal system, cultural factors, political contexts of those countries which have adopted constitutional review and the nature of the system adopted. As in Thailand and South Korea, Constitutionalism is a recent phenomenon in Vietnam. Thanks to constitutional transition, efforts have been made to implement significant economic and political reforms allowing the emergence of the idea of the rule of law. Vietnam has begun to recognize the importance of judicial review as the essence of modern Constitutionalism. The establishment of judicial review faces obstacles, but some prospects are also opening up there now
Kim, Jong-Hwan. "Incidence des dynamiques d'acteurs sur le service de gestion des déchets ménagers en France et en Corée du sud." Lyon, INSA, 2002. http://theses.insa-lyon.fr/publication/2002ISAL0027/these.pdf.
Повний текст джерелаObservations on the services of household refuse management have showed that France and South Korea marked a rapid and profound evolution which brings a change on this public service since early 1990s. The system which underline these services seems to have the same nature mainly in its technical features. However, the comparative study presented in this thesis discloses some remarkable differences, especially concerning the organisation of the service, on one hand, and the role of the stakeholders, on the other. The dynamics of the stakeholders involved is analysed on the economic, political basis as well as on the exisiting social contexts at the national and local levels respectably, and this by focussing on the cases of the Grand Lyon and the canton of Anse, concerning France and that of Pucheon city concerning South Korea. In France, the evolution of the organization of services concerning household refuse is inscribed within the general system related to the evolution of the local utility services with a public-private partnership, where the private is represented by a few big industrial groups. At the national level, our study indicates that the application of the European directives concerning waste management was highly influenced by industrial logic, whereas the role of household waste producers remains modest. We have observed evolutions at the national level and analyse the cases of the Grand Lyon, the second biggest city of France and that of Anse, a rural canton. A particularity of the Cleansing Department of the Grand Lyon is its management which is shared by a service under public control and contracting-out to private enterprises. This public-private equilibrium enhances innovations under the control of a competent public authority, which brings about the paradox to keep the users aside. In the canton of Anse, the creation of inter-municipal syndicates permits the smallest communities to access industrial innovations, also permits users, who are closer to the community authorities, to influence the decisions more closely. On the other hand, the application of the provincial plan tends to marginalize the small enterprises in the service market and to reduce the local dialogues. In South Korea, a country on democratic transition and economic development, the industries participate only in the treatment sector of wastes management according to public request. The case of the city of Pucheon indicates that the management process has been resulted from a concerted compromise - even contentious – among the representatives of public authority, users and small enterprises. It is interesting to note that this organization until now keeps the engagements which respects ecology, the stabilization of waste production and the dominant role of recycling in the household refuse management
Jeon, Joo Yeol. "Essai sur l'adoption du droit du service public français en droit administratif coréen." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1000.
Повний текст джерелаKorean administrative law is characterized recently by an attempt to adopt the law of public service. This means a movement attempting to change the administrative law by exceeding its classical foundations from German law, including fundamental doctrines developed in the late 19th century. The attempt is mani-fested by the introduction of general rules for public service activities. However, the implementation of these innovative rules for Korean law will be consistent only when certain conditions are met, including procedu-ral requirements such as enlargement of the admissibility of administrative litigation. We identified elements that must be considered for change of Korean administrative law by adoption of the French law of public ser-vice se that it could be operational. This approach is based on the analysis of the current state of Korean law regarding the idea of public service and public jurisdictions
Kwon, Cherry. "La protection du patrimoine culturel : une comparaison entre la France et la Corée." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010321.
Повний текст джерелаCultural heritage is by its own nature an exposition of national identity as well as a symbol of sovereignty. Thus a comparative study on it would give rise to implications beyond the relevant institutions. The cultural heritage system of France, a culmination of the Revolution, has indeed held an enduring reputation as the most sophisticated one in the world. Korea, on the other side of the globe, has been pursuing ambitious reform measures, ever since the enactment on the Protection of Cultural Property in 1962. Emphasis in the present work has been placed on the cultural heritage and the land. The reason is that the unique relationship of the two is believed to be fertile ground for comparison. Traditional attachment in France to the land in case of tangible or material cultural “patrimoine” would very well bring about fresh perspectives to Korea. It is to be noted that those cultural properties, not classified as “protected” ones thus falling out of the umbrella, are also dealt with rather extensively. One may find that state intervention or engagement is much more conspicuous in case of cultural heritage, as compared to other areas of culture. Decentralization epitomizes the administration of cultural “patrimoine” in France since 1980s, whereas role of the central government dominates in Korea, although foundations, associations and MECENATs are on the rise in numbers and activities. Lastly the task of interest-coordinations are highlighted in every facet of the protection : namely public v. private, national v. regional/local, past/present generation v. future generation
Maur, Jean-Christophe. "L'effet des législations antidumping sur le comportement des producteurs." Paris, Institut d'études politiques, 1999. http://www.theses.fr/1999IEPP0010.
Повний текст джерелаThis research undertakes the analysis of the effects of antidumping on firm behavior. Theoritical, empirical and factual works are realised. The study of antidumping borrows heavily from 10 theory. This is understandable since antidumping complaints are often brought by oligopolists. We stress in particular the incitation created by the threat of antidumping and injury factors. Theory shows us that collusion and capture of the legislation are possible outcomes. As often with imperfect competition results depend on the structure of the market and overall effects may be counter-intuitive we show e. G that in the presence of adverse selection leading to dumping behavior, antidumping will lower the average quality of products offered. In an emperical study furthers the theorical part, we first look at the investigation against Korean drams, a reminder of the proceeding against japanese drams. However, the outcome appears different this time; we believe that an explanation lies in the opportunistic behavior of the plaintiff. The memories memories industry was sensitive to the complaint, which the event study econometric analysis we conduct thereafter confirms. In a second empirical work, we propose to undertake the study of the diffusion of some cases across user countries which we name "echo". After having defined the concept of "echo", we make a census of it and conclude to its high frequency. We offer three explanations: the strategy of multunational on several markets, imitation with positive externalities and cascading protection from one country to another
Kim, Moonkwi. "Essai sur la justice restaurative illustré par les exemples de la France et de la Corée du Sud." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD004/document.
Повний текст джерелаThe restorative justice is an alternative to the conventional methods to see the crime and to respond it. It has become, almost everywhere in the world, a key issue in the reform of criminal justice and has gained ground in academia and in the judicial practices. Its international growth and expansion are noteworthy today. With its conceptual flexibility, its practical adaptability and its real assets, this mode of justice deserves to be fully developed within the French and South Korean penal systems. The first part of this thesis, devoted to the fundamentals of the restorative justice, demonstrates this without obscuring its limitations and risks. However, as shown in the second part, dedicated to the practices in France and South Korea, the integration and the development of the restorative justice in both countries are constrained by several socio-cultural obstacles and a number of practical difficulties. This thesis aims to move away from the current state of the two countries in the field of restorative justice, marked by imperfection, reticence and reserve, so that the existing restorative measures can regain their restorative essence and that the restorative justice can be applied and developed successfully in France and South Korea
Jung, Youjin. "L’imposition des plus-values de cessions directes et indirectes des entreprises dans l’Etat de la source : les exemples de la Chine, de la Corée du Sud et de l’Inde." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020029.
Повний текст джерелаAsia is one of the main destinations in terms of global investment volume. But the existence of legal and fiscal certainties is an important factor for investors’ choices. Several recent cases in the region, including “Lone Star Fund” in South Korea and “Vodafone” in India, seem to question the existence of such certainties. Many foreign enterprises focus on the shares’ purchase and re-sale, which could be linked to speculation. China, South Korea and India, as source states, having identified speculative business which is making huge profits, decided to tax them, with adopting General Anti-Avoidance Rules (GAAR) or a broad interpretation of a tax law principle and also the rule amendment on income deemed to accrue. In so doing, they ignored the presence of conduit companies and did not justify this taxation which would seem to be a breach of their tax treaties.Firstly, this study examines domestic law and judicial practice of these states. In the second phase, it evaluates the extent to which this taxation relates to their tax treaties. Finally, it seeks to understand why they opt for such a tax policy and proposes some solutions to raise the level of predictability of their legal system
Cho, Eung-Kyung. "Le droit international privé coréen des faillites – comparé aux droits français et européen." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020019.
Повний текст джерелаCross-border insolvency denotes the situations arising out of insolvency involving extraneous aspects. Along with the expansion of international trade and the succession of economic instabilities, the importance of its study has undoubtedly become greater. As one of the most concerned actors by this phenomenon, Korea (Republic of Korea) has modernized its legislation a decade ago. The volume of trade between France and Korea having doubled in 10 years, with nownear 200 French companies established in Korea, the new rules of Korean law governing crossborder insolvencies are no longer irrelevant to French jurists. Korean cross-border insolvency law, while not appearing prima facie to be fundamentally different from French or European laws, has several peculiarities and obfuscates the core principles of modified universalism to which it claims to adhere. The substance, the motivations and the possible results of this state of law will constitute the topic of this thesis, with an overview of Korea's bankruptcy law, civil procedural law and private international law, along with their comparison to French and European laws
Koh, Agnès Ryo-Hon. "La société familiale cotée : l'exemple des sociétés chaebol coréennes." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020087.
Повний текст джерелаFamily-owned companies contribute the largest share to our economy. Yet, there is still no legal definition of what a family-owned company is and the topic has not drawn a lot of interest from legal academics. This study aims at differentiating family-owned companies by focusing more specifically on companies listed on a financial market. Family-owned listed company combines two worlds, family and financial market, which are based on diametrically opposed values and modus operandi. This conflict helps us to understand the specific features of these companies, as well as the risks attached to them. Taking the example of the chaebol, the Korean family-owned conglomerates, we highlighted the impact of the family control on the management and the governance of these groups. We compared French and Korean companies and legal frameworks, drawing the conclusion that the French legal system might have been a better fit to the Korean environment than American rules. Our research also underlines the relative failure of the transplant of U.S. standards in South Korea, which can be explained by the theory of path dependence
An, Moon Hee. "Le divorce : étude de droit comparé français et sud-coréen." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3007/document.
Повний текст джерелаThe legal literature let us know that a divorce, very old institution allowing to break the marital relation in a definitive and radical way, is closely linked to the prevailing ideology and political movements of the country. The comparison of legislations in divorce, purpose of our study, allows, on the one hand, to notice the evolution of the “right to divorce” is underlined by successive steps of prohibition of divorce and recovery both in France and in South Korea. The principle of “right to divorce” once accepted, this comparative approach allows on the other hand, to perceive that, regarding “divorce law”, the fundamental legislative choice turns on two ideas in both legal systems : diversify divorce cases to answer the diversity of a marital crisis, and not dramatize divorce encouraging spouses to reach an agreement on the consequences of divorce. The comparative approach reveals once again that the rules often lead to similar solutions but to accomplish goals, sometimes the legislators of the both countries have took different ways
Lee, Eunjoo. "La modification de la relation de travail : étude comparative des droits coréen et français." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100027.
Повний текст джерелаThe labour contract is continuous over a long period of time. The worker's working conditions could be modified or adjusted at any time during the duration of a labour relationship with various reasons. Changes in working conditions, or more generally, changes in the labour relationship directly affect the worker's private and professional life and therefore it has a profound impact on both the worker and the employer. The possibility that a worker could negotiate his labour contract with his employer at the time the contract is hard in practice. It is therefore necessary that the regime for amending the labour contract ensures that the working conditions agreed at the time of conclusion of the labour contract cannot be unilaterally modified by the employer regardless of the worker's opinion. The Korean and French legal systems are based on the binding power of a contract. It is therefore obvious that the worker's consent is required to modify the working conditions of the labour contract. The regime for modifying the labour relationship depends on limiting the employer's authority. In France, since 1996, a jurisprudential system has been introduced distinguishing between change of the working conditions and modify of the labour contract. With the evolution of precedent, the regime of modification of the labour contract focuses on the labour contract, it attaches value to the worker's opinion by considering the worker as a party to the contract. Whereas, in Korea, the precedent has focused on interpreting the exercise of employer authority on the basis of “reasonable cause”. Moreover, unlike France, where the regulation of employment has a limited scope, the Korean regulation of employment plays a similar role to that of a labour contract in practice. In this respect, if the amendment of the regulation of employment change unfavorable to the worker, the consent of the group of workers is required.Even if the consent of worker is demanded and even if the worker has a right of refusal about the suggestion of employer, the worker who refuses is still exposed to dismissal. The concept of the consent of worker is often too fragile to be satisfied with its existence. Also, it is difficult to assume that workers' consent is fully protected. Therefore, it is necessary to find method for reflect the worker's real intention. The change in the labour relationship must not be focused on the employer's exercise of authority, but must be interpreted concretely in the context of the changing work environment and the worker's professional life