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      • 행정소송의 구조개혁

        황환교 尙志大學校 1998 論文集 Vol.19 No.-

        In this study I reviewed for the Court Organization Law and the revised portion of the Administrative Litigation law among the six laws for reformation of the judicial system as was revised on July 27 1994 in reference to data published by the Supreme Court. In the modern state in respect to the welfare administrative functions the state carries out the ground for infringement of rights of the people by the administrative actions was increased as much by enhancement of reliance to the administration by individuals subject to diversification, wider range and professionalization by the administrative actions. As long as the major of the administrative litigation system are in relief of right of the people the effective employment will be much more required with extension of democracy. Since therefore, the necessity in the reformation of administrative litigation system has been brought in the course of execution by the old administrative litigation law. Now, the structural reformation of administrative litigation was made by the Supreme Court as a part of reformation of the judicial system. According to the contents there are such matters as optional procedure of administrative litigation, adjustment in judgement structure, establishment of administrative court, change in jurisdiction of trial and adjustment in the institution period. However, there are still many issues to be reformed by the administrative litigation structure. Those are the lawsuit methods such as introduction of compulsory lawyer system, introduction of jury system or attendant system in the administrative litigation, introduction of such group lawsuit and citizens' lawsuit, enhancement of professionalism by the judges and betterment in the administrative litigation system. I close this writing by the above as these matters are left behind for future issues.

      • 國家와 宗敎의 分離

        黃煥敎 건국대학교 1984 論文集 Vol.19 No.1

        Article 19 in the Constitution of the Republic of Korea stipulated that 1) all people shall enjoy the freedom of religion. 2) A state religion shall not be recognized, adopts the principle of separation between politics and religion. Most modern Constitutions adopt the stipulations of the freedom of religion and the principle of separation between state and religions. The relations between state and religions in a country are grasped as a mutual contact in the form of struggle or cooperation between the secular power (state) and the spiritual power (religion). Historically the relations between the state and religions were the theocracy of the unity of state and religion. Bui the relations between the state and religions didn't progress very smoothly. As we saw it through the history, because the influence that the religions give to the socity has been great, so the slate should try to guarantee the freedom of religion actually. the relations between freedom of religion and separation of the state and religions are the relation of purpose and means. The freedom of religion is the essential aspect of rights of citizens. The separation between the state and religions is institutional guarantee for the freedom of religion. In view of his fact, this paper will attempt an analysis of the relations between the state and religions from the angle of history and law. The freedom of religion, generally speaking, is understood as containing the freedom of confessing faith, the freedom of performing religious Programs, and the freedom of religious association. As a grate religion is not recognized, the stats is not allowed to grant special protection or privilege to any particular religion and the state is also prohibited from managing or providing financial subsidies to religious programs. Although there is no express provision in our constitution, separation between the state and religion is interpreted that churches and religious organizations are prohibited from interfering in politics. It is also stipulated that the legislation of laws which restrict the freedom and rights of citizens is forbidden except in cases that they are needed for national security, public order and welfare, no essential aspect of the freedom or rights shall be violated. This is because the freedom of religion unlike other rights to be free, is based on human being's spiritual world and therefore, an excessive restriction imposed on the freedom of faith is liable to infringe upon man's dignity and value as a spiritual being. The relations of the sate and religions should be based on critical and constructive collaboration.

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