人權論과 拘束適否審制에 관한 考察 = A study on the theory of Human rights and the system of review of legality for confinement

다국어 초록 (Multilingual Abstract)

We can see the following sentences in the preamble of the Universal Declaration (Dec. 10, 1948) about the human rights.
"It will be a foundation of free justice and world peace in the Universe that the recognizing the right that is never transferred to other and all members own dignity of the human society." And in the Art. 1 of that says " All man shall be free and have equal dignity and right from birth. Man has rationality and conscience naturally. Man has to conduct himself as the spirit of brotherly affection."
The thought of respecting man's life and dignity has been exsisted from before modern ages, but the one it was realized to a thought named character is the subsequent event since the civil society was concluded after break down the privileged system in a view of social position up to modern ages. And we can say that a concept of the human rights of up to date meaning appears for the first time by the adaption of "The Right Declaration of Man & Citizen" in 1789 in those day of the Franch Revolution.
Anyway, the human right in the classical meaning was the security of the personal liverties, but it was spreaded and developed even to the right of the pursuit of happiness and basic right in living. It was understanded as the various meaning.
Therefore, the guarantee affecting the human rights are not out as the security of the personal liberties, but our actual conditions doesn't get out of this category, yet. It was hostilitied that the things we can't regardes the possibility which would be apply to the industrial society where the changing speed and variously if so we make study and development the theory of human rights in the human rights sociological side relating to the social phenomenon.
Now we have to wipe out the conception which may be thus safeguarding the human rights are the only the things by the individual a s the criminal suspects of the defendants that is to say the classical security of the personal liberties. The social defence of the protecting the human rights of the criminal sufferers are also the safeguarding the human rights, and the theory that the injury from the crime and excessive infringement of the human rights from the juridical authorities should be judged equality is gathering strength, and we have to do justice about that.
The existing Constitution has been contribute to the security of the human rights providing the system of the review of legality for confinement for the security of the personal liberties, and we can say that i t s progressed policy of the security of the human rights that the Bill of amendments of the Constitution was enlarged the scope of the claims of the review of legality without any limit rescinding the limited provision.
But however, the security of the human rights was legislationized an express provision at the Constitution and law, i t may be only the provisions unnecessary as not far as if the states ensure the wisdom of the operating in order to pursure an ideology named the security of the human rights to the personal and society.
I insist that we have to be cultural citizen who can protect other's human rights, and national or social benfit and protection of the law in advance of the only insistence for our own human rights.

목차 (Table of Contents)

• Ⅰ. 序論
• Ⅱ. 人權論
• 1. 時代的 人權槪念의 特徵
• 2. 새로운 人權論의 擡頭
• 3. 人權論에 對한 關心과 展望
• 4. 人權伸張과 刑事訴訟節次
• Ⅲ. 拘束適否審査制度
• 1. 意義와 構造
• 2. 우리 나라의 拘束適否審制度의 沿革
• 3. 現行拘束適否審制度
• 4. 憲法改正과 拘束適否審制度改善
• Ⅳ. 結論
• Summary
• 參考文獻