공무원의 개념과 구분 및 공무원법의 체계

김용섭 梨花女子大學校 法學硏究所 2021 法學論集 Vol.26 No.1

공무원법은 전통적으로 행정법각론이나 특별행정법의 부분 영역으로 행정조직법의 하부 카테고리로 다루어 왔다. 그러나 오늘날 다수의 행정법학자는 공무원법을 행정조직법에서 분리하여 행정조직법과 병렬적으로 설명하는 경향이 있다. 공무원 개념은 그 자체가 다양한 법률에서 다의적인 의미로 사용하고 있다. 일반적으로 공무원은 직접 또는 간접적으로 국민에 의하여 선출되거나 임용되어 국가나 지방자치단체와 공법상 근무 관계하에 공권력을 행사하거나 공적 서비스를 제공하는 근로자를 의미한다. 국가공무원법상 특정직 공무원에 대하여는 열거하는 방식이지만 일반직 공무원의 경우에는 기술ㆍ연구 또는 행정일반에 대한 업무를 담당하는 공무원으로 되어 있어 구체적으로 일반직 공무원에 해당하는 경우가 명확하지 않는 문제가 있다. 공무원과 구별하여야 할 개념 중에 행정기관 담당자가 있다. 공무원은 행정조직법이나 직제에서 행정기관을 설치한 후에 그 기관의 담당자로 충원하는 것이 순서이다. 공무원은 현실의 행정조직을 구성하는 인적 요소로 행정조직을 위하여 활동하는 사람들을 의미하며, 행정주체와의 고용관계의 일종으로 파악하고 있다. 국가공무원에 해당하는지 여부의 기준으로는 ① 국가가 임명권자일 것 ② 국가의 사무를 처리할 것 ③ 원칙적으로 국가로부터 봉급을 받을 것이라는 3가지 징표를 토대로 판단하고 있다. 공무원법은 헌법상 공무원에 관한 규율과 더불어 기본법이면서 일반법인 국가공무원법, 지방공무원법과 특정직 공무원에 관한 개별 법률로 구성되어 있고, 동 법률에서 위임받거나 시행을 위한 공무원관계법령으로 이루어져 있다. 공무원관계법령은 헌법이 예정하는 대통령령, 총리령 및 부령 뿐만 아니라 자치법규인 조례와 규칙, 훈령과 예규, 고시 등 다양하다. 한편, 공무원에 관한 기준이나 내용이 제도의 핵심적 사항이거나 기본권 실현의 본질적 사항이 아니라면 대통령령에 위임하는 것이 폭넓게 허용된다. The Public Officials Act has traditionally been treated as a sub-category of the Administrative Organization Act as a part of administrative law or special administrative law. Today, however, many administrative law scholars tend to separate the Public Officials Act from the administrative organizations law and explain it in pararell with the administrative organization law. The concept of public official itself used in multiple ways according to various laws. In general, public officials refer to the workers who are directly or indirectly elected or appointed by the people to exercise public power or provide public services in accordance with the state or local government and the public law working system. According to the State Public Officials Act, public officials in specific positions are listed. In the case of public officials in general positions, however, there is a problem in that the concept is not specific and clear in some cases as they are defined as public officials taking charge of technology, research or general administrative affairs. As a concept to be distinguished from the concept of public official, there may be the concept of staff of an administrative agency under the Administrative Organization Act. In general, public officials are filled according to the organization plan after an administrative agency is established under the Administrative Organization Act. Public officials, as human factors constituting real administrative organizations, refer to those who work for administrative organizations, and are understood as those who are in employment relationships with administrative entities. Whether a person is a state public official or not is judged based on three criteria: ① the person is appointed by the state, ② the person handles the affairs of the state, and ③ the person, in principle, will receive salary from the state. The Public Officials Act is a basic law along with the rules on public officials under the Constitution, and consists of the State Public Officials Act, the Local Public Officials Act, the laws regarding the public officials in specific positions, and other public officials-related laws and enforcement regulations for enforcing or entrusted by these acts and laws. Public officials related laws and regulations are diverse, including not only the Presidential Decree, the Prime Minister's Ordinance, and the Ministerial Ordinance stipulated by the Constitution, but also the local governments’ self-governing laws, rules, regulations, ordinances, public announcements, etc. On the other hand, the standards or contents of public officials are widely delegated to the Presidential Decree, unless they are the core of the system or essential to the realization of basic rights.

하비갑개골에 발생한 연골육종 1례

심홍섭,김용기 朝鮮大學校 附設 醫學硏究所 1998 The Medical Journal of Chosun University Vol.23 No.1

Chondrosarcoma is a rare malignant tumor that can be noted in either the bony or cartilagenous system. The common sites are the pelvis, sternum and long bone. Chondrosarcoma arising in the head and neck region is very rare, especially in the inferior turbinate of the nasal cavity. The symptoms and signs are variable according to the anatomical location. Wide surgical resection offers the primary treatment modality and can be combined with radiation therapy or chemotherapy. The prognosis of chon drosarcoma is generally worse than that of other sarcomas, and it's prognosis depends on the anatomical location of the tumor, tumor resectability, and cytological differentiation. The authors experienced a case of chondrosarcoma which originated from the inlurior turbinate in the nasal cavity of a 6-year old child. The resection of the mass with the inferior medial maxillectomy via midfacial degloving approach was done without significant complications.

農産物原種場의 經營實態에 關한 事例硏究 : 全羅南道의 境遇를 中心으로

長東燮,金容在,金衡模 全南大學校 農漁村開發硏究所 1977 農業科學技術硏究 Vol.12 No.-

The main purpose of this study is to draw a business guideline which can be used by Chonnam Provincial Foundation Seed Farm to improved its own business. In addition, the author expects this study will be a pioneer work to other provincial foundation seed farms in Korea for analysing their business. Also, the author hopes that the result of study should be a useful standard for the government to measure and evaluate the financial budgets submitted and the management accomplished by the farms. To accomplish these purpose, available business data, based on 1975 management year, were collected from the farm. In order to find the starting point to the problem, the national average from the Ministry of Agriculture and Fisheries and the standard farmbusiness data of Chollanamdo area from the National Agricultural Economics Research Institute were used as a comparative measurement for analysing the input-output relationship of the farm. In spite of the efforts consumed, however, the results still have many problems to be reexamined. As yet, having confidence that the findings from the study will be helpful to the foundation seed farms and to the government as well, the author is going to summarize the study as follows: 1. Analysing the management of rice foundation seed and registered seed production per 10a of paddy land, total gross receipts were 103,314 won and total farm expenses were 65,917 won. Consequently, farm income per 10a of land was 37,326 won which is relatively small compared to the national average of 62,016 won. 2. In the case of barley foundation seed and registered seed production per 10a of upland, total gross receipts were 32,149 won, whereas total farm expenses were 39,072 won. As a result, there was a deficit of 6,923 won, which is far below the national average of 16,845 won. 3. Studying the result of soybean foundation seed production per 10a of land, total gross farm receipts were 29,876 won and total farm expenses were 31,856 won. By the result, farm income computed to 1,980 won which will be compared to the standard farm income of 16,451 won of this area, estimated by the National Institute of Agricultural Economics. 4. Seeing the financial statement of potato foundation seed farm bnsiness per 10a of land, total gross recipts were 64,208 won. At the same time, there was 62,661 won worth of farm expense. As a consequence, the net reward from the business was 1,547 won. It, however, is also a very small result compared to the standard farm income of the same area. 5. As pointed out above, the financial perfomance of all kinds of foundation seed prodution farming seems to very small compared to those of general farms. Yet there are acceptable reasons we must recognize. First, the purposes of seed production farms and general farms are quite different. The end purpose of a foundation seed farm is not to earn income but to produce good seed for the general farms. Second, the characteristics of foundation seed farms and general farms are very different. General farms have many self-supply items foundation seed farms, however, mostly supply their inputs from market places. Especially, the one performs its business mostly by its own unpaid family labor, the other, on the other hand, performs its enterprises entirely by employed labor. Besides, the labor requirement of the foundation seed farm is absolutely larger than that of a general farm. 6. In order to minimize the cost of farming, the substitution of labor forces to machinery is recommended. Readjustment of arable land is needed; emoloying a professional technician for machinery replacement is also necessary. 7. To increase the efficiency of labor, a flexible wage unit system rather than the prevailing fixed and unified wage system should be adopted. 8. Finally, encouraging the managers by giving appropriate incentives is also considered as a very important factor to improve over all business efficiency.

수부화상의 이차적 치료

김용배,방유현,이진호,박종섭 大韓成形外科學會 1983 Archives of Plastic Surgery Vol.10 No.3

A functionless hand resulting from the sequalae of a thermal burn is very serious. It prevents restoration of socioeconomic behavior. Since the magnitude of this problem is rewards for the most deligent and competent primary care greater. It can not be emphasized too strongly the result of good primary care are always superior to what one can expect from secondary restoration. The pathogenesis of the functionless hand is caused by a triad of factors resulting from thermal injury that together lead to the rapid stiffening of joints and adhesion of tendons. This triad of factors is edema, inflammation, and immobilization. (Beasley, 1981) Thus, the principles for primary care of burned hands leading to rapid recovery and minimal complications are now established and many kinds of methods are proposed. But, despite much effort, many circumstances prevent ideal primary care and we are still confronted with the need for secondary repairs. Secondary repair of burned hands requires a careful, cojmprehensive and individualized plan for each patien, and with due respect to all the patient's problems. We reviewed 42 cases of the postburn hand deformities which were operated on in our Department of Plastic and Reconstructive Surgery from 1976 to 1981.

음낭내에 발생한 해면 혈관종 1례

노영수,박치형,황선태,김홍섭 건국대학교 의과학연구소 1994 건국의과학학술지 Vol.4 No.-

Intrascrotal hemangioma is very rare, benign vascular tumor characterized by soft and spongy like compressible vascularity. It is primarily composed of large venous channel occuring in the deep dermis and subcutaneous tissue, first reported by Robert in 1851. Complications of intrascrotal hemangioma include thrombosis, phlebitis, massive hemorrhage, and infertility. The treatment of choice is wide local excision of the tumor with the overlying skin. We have experienced a case of intrascrotal cavernous hemangioma who was a 24-year old man with painful scrotal mass and reported with literatures.

북한의 미사일 위협과 우리의 대응책

한용섭(韓庸燮) 한국전략문제연구소 2000 전략연구 Vol.7 No.3

Modern era is the era of the ballistic missile. The ballistic missile renders the distinction between the frontal and rear area as well as the distinction between national boundaries meaningless. Missile enables standoff attack from the remote area, both from the air and sea without being noticed. This phenomenal change in the nature of battlefield necessitates new approach to battle management, military operation, and military strategy. Therefore, it is critical to analyze North Korea's missile development from a holistic view, not limited to its diplomatic maneuver with the United States. This paper attempts to analyze North Korea's objectives of missile development in terms of strategic, political and economic perspective. Then, it reviews the US approach to resolve the missile problem. After that, it will develop policy options for the South Korean government to deal with North Korea's continuous missile development as well as the missile development in Northeast Asia. North Korea has continuously developed its missile program from short to medium to long-range since late 19708. Surprisingly, the North test-launched three-staged long-range missile in August 1998, which affected experts and concerned governments to update North Korea's missile capabilities in a haste. Pyongyang not only develops its missiles from the military motivation to use it in the next war, but also use it for political and economic gains. The U.S. government sought to resolve the missile issue through negotiations with North Korea, while developing military options to deal with Pyongyang's missile threats by means of NMD, TMD, and regional cooperation to block missile exports to other proliferators by the North. South Korean government should consider four options to enhance its own missile and anti-missile capabilities. Those options include foreign acquisition, domestic research and development, pressing North Korea to accede to the missile technology control regime and comply with its requirements, and enhancing Korean all power to be able to destroy all North Korean missile sites with the beginning of the war. This paper compares merits and demerits of each option. It also provides in -depth analysis on those options so that South Korean government can achieve its mid to long-tenn security goals and advance its missile and missile defense technology.

Vecuronium에 의한 기관내 삽관시 안압 및 심맥관계에 미치는 영향

신용섭,이정은,최세진 충남대학교 의과대학 지역사회의학연구소 1988 충남의대잡지 Vol.15 No.1

The effects of muscle relaxants(vecuronium, pancuronium, d-tubocurarine, and succinylcholine) for endotracheal intubation on intraocular pressure, blood pressure, heart rate, and arrhythmia were studied in 60 patients undergoing general anesthesia, The patients were divided into 4 groups : vecuronium group (0. 1 mg/kg), pancuronium group (0.08 mg/kg), d-tubocurarine group(0.4 mg/kg), and succinylcholine group(1 mg/kg) according to be administrated. Before induction of anesthesia, initial measurement of intraocular pressure (control value) was taken with Schiotz tonometer after instilling of a 0. 5% pontocaine on conjunctival sac. Subsequent measurement were undertaken as soon as the lid reflex was lost after thiopental sodium injection and then at 75-100% depression of first twitch height of train-of-four after intravenous administration of muscle relaxants. It was measured at 1, 3, 5, 10 minutes after endotracheal intubation too. Blood pressure (systolic and diastolic), heart rate, and ECG abnormalities were observed in all cases. The results were as follows; 1. After thiopental sodium injection, intraocular pressure(IOP) decreased than the control value. 2. At 70-100% depression of first twitch height, IOP decreaeed significantly in vecuronium, pancuronium and d-tubocurarine group, but increased significantly in succinylcholine group than the control value. 3. After 1 minute of endotracheal intubation, IOP increased in all groups. There was no stastistical significance in vecuronium group compared with the control value. 4. After 3 minutes of endotracheal intubation, IOP decreased in all groups. 5. The changes of systolic and diastolic blood pressure and heart rate in vecuronium group were the smallest value among all groups. 6. There was no arrythmia in vecurouium group.

現代敎育의 課題와 Counselor의 役割

崔熔燮 朝鮮大學校 師範大學 1970 師大論文集 Vol.1 No.-

로스쿨에서의 실무역량강화를 위한 커리큘럼(교육과정)의 개선과제

김용섭 梨花女子大學校 法學硏究所 2013 法學論集 Vol.18 No.2

로스쿨의 성공여부는 그 커리큘럼이 우수한 법률가를 양성하는데 손색없이 구성되어 있으며, 교육내용이 얼마나 충실하게 이루어지는지 여부에 달려 있다. 로스쿨 교육이 3년간의 단기이면서 법학의 지식이 부족한 로스쿨생에게 실무교육을 내실화 해야 하기 때문에 법이론의 기초부터 실무적인 교육까지 과연 3년 안에 제대로 된 교육이 가능할 것인가 하는 비관론이 있을 뿐만 아니라 현재의 법령과 인가기준에 비추어 로스쿨에서의 필수과목의 학점이 35학점에 그치고 있어 실무적인 역량을 배양할 수 있는 커리큘럼이 편성되어 있다고 보기 어렵다는 비판론이 팽배해 있다. 그런데 로스쿨의 교육에 있어 학사관리가 엄격히 이루어 지지 않을 경우에는, 경쟁률이 매우 낮은 변호사시험에 합격하여 법조사회로 진출하게 되므로 로스쿨 출신 변호사에 대한 사회적 신뢰가 악화되는 문제점이 야기될 수 있다. 현재 3년의 로스쿨 재학기간동안 로스쿨별로 다양한 커리큘럼이 마련되어 있는 것 같이 보이지만 일부 특성화 프로그램을 제외하고는 25개 로스쿨이 대동소이한 커리큘럼을 운영하고있다. 로스쿨에서 필수과목이 35학점에 불과하여 변호사로 활동함에 있어 반드시 필수적으로 수강하여야 하는 행정구제법, 불법행위법, 형사증거법, 민사집행법, 각종 소송실무과목이 대부분의 로스쿨의 선택과목으로 되어 있어, 변호사로 활동함에 중요한 과목조차 제대로 이수하지 않고 로스쿨을 졸업하는 학생이 적지 않은 실정이다. 이러한 중요과목들을 이수할 수 있도록 하기 위해서는 필수과목학점을 60학점이 상으로 상향하거나 현행의 필수과목이외에 필수선택과목제도를 마련할 수 있도록 커리큘럼에 관한 인가기준을 완화하고 지나치게 학생의 자율에 맡기고 지나치게 선택과목이 많은 커리큘럼의 기본틀을 전면 재조정할 필요가 있다. 나아가 엄격한 상대평가제를 내용으로 하는 학사관리강화방안을 대안 없이 완화할 것이 아니라, 현재 일본에서 검토하고 있는 공통도달도 확인시험과 같은 유형의 시험을 도입하면서 학사관리강화방안을 점차 완화할 필요가 있다. 우리의 경우 로스쿨협의회 차원에서 1학년에서 2학년으로 올라가는 단계에서 공통적인 유급여부 판정을 위한 평가시험을 치르도록 하여 로스쿨 교육의 질적 수준을 유지함과 아울러 로스쿨 입학 이전에도 법학에 대한 충분한 준비를 하고 입학할 수 있도록 유도하여 로스쿨의 교육이 실무역량을 강화하는 방향으로 나아가도록 하는데 기여할 것이다. 끝으로, 로스쿨별로 교과목을 개설하더라도 다양한 교수법이 동원되지만 변호사시험 과목을 중심으로 교과목의 중요한 핵심사항인 공통적 도달목표인 최소한도의 기준(minimal standard)을 정하여 시행할 필요가 있다. Success of law school depends how well its curriculum is constructed to be suitable for educating excellent lawyers and how substantial the contents of education is. While the education period of law school is as short as 3 years, law school students relatively lack of law knowledge should be substantially taught jon training. Accordingly, there are many pessimistic views about whether the extensive education ranging from theories of law to job training can be well performed for such a short period. In addition, there are many criticisms that the current law school curriculum is not told to be formed to enable cultivation of practical competence because even the current laws and law school authorization standards provide for only 35 credits for required subjects. In the meantime, if educational affairs are not exactly administered at law school, a great issue may be caused resulting in loss of people’s reliability on law school graduate lawyers, as law school graduates can easily pass the examination for the bar whose competitive rate is very low. It seems that law schools have set up a variety of curricula for the 3 year period, but except for some specialized programs, 25 law schools operate almost same curricula. Required subjects of law school are given only 35 credits, and many important subjects such as Administrative Remedies Act, Injunctions in Tort Act, Police and Criminal Evidence Act, Civil Execution Act, various litigation practice subjects, etc. which are required to be necessarily taught to serve as a lawyer are classified as elective subjects at most law schools. Accordingly, it is real that not a few students graduate from law schools without completing even the subjects required for serving as a lawyer. In order to enable law school students to complete such important subjects, credits of required subjects shall be raised to more than 60 units, or the fundamental curriculum frame excessively allowing students self-control and elective subjects shall be wholly adjusted to enable law schools to introduce the required elective subjects system, even through mitigation of the current law school authorization standards. In addition, the current plan for intensifying administration of educational affairs focusing on the strict normative evaluation system shall not be mitigated without an alternative. The educational affairs administration of law school is required to be gradually mitigated only after introduction of a proven test system such as the common achievement evaluation test currently reviewed in Japan. In korea, it is recommended that the Law School Council administer an evaluation test to select flunkers for the first grade students to advance to the second grade, so as to keep the quality level of law school education and induce law school applicants to make enough preparation for law before entering law school. In the end, it will greatly contribute to advancement of law school education in the direction to step up practical competence. Finally, even though subjects are set up by individual law schools and teaching methods are different each other, it is recommended to set a minimal standard to be commonly satisfied at least for each of the subjects included in the examination for the bar.

반응표면분석에 의한 단감식초 제조조건의 모니터링

정용진,서권일,이기동,윤광섭,강미정,김광수 동아시아식생활학회 1998 동아시아식생활학회지 Vol.8 No.1

To utilize deteriorated sweet persimmon effectively, response surface methodology(RSM) was used to determine the optimal vinegar fermentation conditions and monitored by a divided two stage fermentation. The optimum conditions for maximum alcohol content were obtained when the first stage (alcohol fermentation) was carried out with an initial sugar concentration of 18.5°Brix, agitation rate of 140.8 rpm, fermentation time of 127.6 hr. When sugar concentration was 14°Brix, maximum alcohol content(7.1%) was predicted at fermentation conditions of 160 rpm in agitation rate, 140 hr in fermentation time. The optimum conditions for maximum acidity were obtained when second stage(vinegar fermentation) was carried out 249.5 rpm in agitation rate, 148.8 hr in fermentation time. Predicted values at the optimum conditions were similar to experimental values.