行政規則의 法理

朴龍喆 경북대학교 교육대학원 1985 논문집 Vol.17 No.-

Up to now, the most Jurists studying about the administrative law have insisted that the administrative rules (EX., instructions, established regulation, notifications etc.) which are applied to the administrative agencies, traditionally have no legal force to citizens. The administrative agencies, therefore, should not punish the citizens who violate the administrative rules, because they won't bring about illegality. However, a number of administrative rules used in modern Administrative state are strongly asked to keep to legal nature due to the specialization and complication of administrative services, and the tendency to deny the special power relations. (besonderen Gawaltverha¨ltnis) Consequently, In accordance with this trend, the jurists keep on weighing the pros and cons concerning the administrative rules (or regulations). The aim of this paper is to clarify both of the above mentioned legal issues about administrative regulations, this paper is made up of; 1. Introduction 2. The traditional theories on the Administrative rules 3. The new opinions on the Administrative rules 4. Conclusion In conclusion, I suggest that the administrative rules should have the legal force upon the administrative organs as well as upon the public. Also, I would like to emphasize that it is desirable to make the Administrative rules through due process of law: Adequate novtice and a fair hearing.

公共福祉와 基本的 人權의 制限

朴龍喆 慶北大學校 1962 論文集 Vol.6 No.-

It is well known that the eternal and inviolate basic human rights have been and still are restricted under the name of common good. This means that the current of the world history defines the implications of the basic human rights. In other words, the common good is a double-edged weapon liable to be abused by autocracy, and this is why the common good is a most important object of study for political authorities. Therefore the writer aimed here to clarify the substances of the followings : 1. the historical survey of "common good" (1) the general conception of common good. (2) the common good before the time of civil revolution. 2. the implicaitons of basic rights and common good in modern constitutions. (1) the implications of basic rights in modern constitutions. (2) the common good and restrictions of basic human rights. and conclude how far the common good can restricts the basic human rights. As the writer discussed in detail in the main course, the restriction of property rights should be executed only when the result brings about much more gains than losses in terms of social economy while the rest of the basic rights are preserved to the maximum. In short the common good is a restrictive idea to realize the basic human rights, not a destructive weapon to restrict the innate basic human rights.

Max Weber의 法社會學의 構造

朴龍喆 慶北大學校 師範大學 1976 敎育硏究誌 Vol.18 No.-

Max Weber's theory of sociology has assumed significant importance because of its contribution to the recognition of modern rationalism and the history of its development. He paid his main scholaristic attention to the pursuit of European characteristic development, that is, the process of rationalization. One of the most interesting aspect of his theory is the rationalization of law and the understanding of its generative conditions. He explained that the conditions of the establishment of rationalistic law lie not only in capitalistic values, but also in many other variables. Accordingly his theory presents a comprehensive explanation which clarifies economic, social, political and idiological problems. Above all he investigated the systematic relationship between the European independent development of capitalism and the advancement of rationalism in legal order, interpreting the order of law not as matter of factly norm but as an empirical explanation of reality. In this paper I review the legal and sociological concept of legal order and define the catagory and typology of its concept.

A.P.A.上의 規則制定에 關한 考察

朴龍喆,李東秀 경북대학교 교육대학원 1983 논문집 Vol.15 No.-

The APA of U.S.A. was established in 1946 and repealed through the amendment in 1966, 1967 and 1974. The previous contents were absorbed into Part Ⅰ-the Agencies Generally of 5 U.S.C. (United States Code 5), as the original bill or the amended. This shesis is going to be on the most important contents, that is the Rule Making in §553 in Subchapter 2 Administrative Procedure. Rule making is a legislative process operated by the administrative authority, and it's importance is increasing with the enlargement and diversification of modern national function. The contents of this thesis are as follows; 1) the Kinds and idea of rule…⑴ legislative rule ⑵ interpretative rule ⑶ retroactive rule 2) Rule making procedure…⑴ notice and comment (informal rule making) ⑵ hearing and decision (formal rule making) 3) Legal control on the rule making 4) Conclusion It it no exaggreation to say that the basic idea of the Administrative law of the United States was expressed through APA. I suppose that the contents of the APA focus mostly on the judicial judgment about rule making and administrative action. The effect of rule making has a great influence upon the citizens so that the many-sided study on the procedure and regulation method of rule making was accomplished. The necessity of rule making, I think, need not be mentioned here again becauce it is hardly possible to refute it. All that matters is how administrative legislation can be harmonious with the Assembly right to the legislation and how it can be in accord with the idea of due process clause. It is the problem of legal regulation on rule making and the dilemma of the modern administrative law. This thesis focused on the matter that, as a means to the regulation on rule making, informal rule can be raised to the similar level with the formal rule through the flexible interpretation of the APA. I believe that the reuglation on rule making will be the most important means of regulation under the constitution of USA with the seperation of powers.

社會正義와 福祉國家의 理念

朴龍喆 경북대학교 교육대학원 1988 논문집 Vol.20 No.-

Various claims and arguments have been suggested in the name of justice, concering the adjustment of values and interests, and the means of distribution. The justice can be divided into two categories: the formal one and the substantial and concrete one. the latter concept is more emphasized in the modern times. And when justice is divided into the general justice and the particular justice, the latter is more controversial in the modern times in which everything changes rapidly. Specifically the constitutions of many counties provide the articles concerning the social justice; however, they must have prospectively the theoretical foundation in order to embody the idea. This study is to survey our situations, to discuss the issues of the justice philosophically, and to pursue its ideally desirable application, with the ultimate attempt to establish the theoretical system. Since the countries in which social justice is best realized are the social welfare countries, their ideas and basic policies should be put into consideration. This attempt naturally includes the task of establishing the conceptual system of the welfare country.

Privacy 의 權利保護와 侵害에 대한 救濟

朴龍喆 경북대학교 법학연구소 1986 법학논고 Vol.2 No.-

法과 社會通念

朴龍喆 경북대학교 교육대학원 1988 논문집 Vol.20 No.-

Although the term "generally accepted ideas" is widely used, it has been used with various meanings in the application of the law, each time with its particular role. This study is to investigate the problems between the law and generally accepted ideas, between generally accepted ideas and empirical laws in the application of the law, the usage of generally accepted ideas, and the relationship between facts and empirical laws and the laws related to generally accepted ideas, and so forth.

行政國家化의 現象과 本質 : 特히 西獨의 現象形態를 中心으로 Chiefly Studies on West Germeny

朴龍喆 경북대학교 교육대학원 1972 논문집 Vol.3 No.-

Highly developed modern capitalism requires the machine system of states with positive and various functions. This means the substantive formation of fundamental policies and strong tendency of dependence towards the administration for the decision of the national affairs. With this changing aspect the chief national issues are mostly decided by the administrative functions which monopolize the public informations and supreme powers. Also this administrative states produces the transition of the present system of administration and charactrizes the structure of modern states. The result is that modern capitalistic states are being under the control of the "administrative states" whatever the systems they have maintained so far. Today democratic free nations, having complicatedly industrialized show the unavoidable characters; positivism, formalization, functionalism, professionalism, technocracy and massiveness. Accordingly the trend is that the modern states are going far from the last system-the separation of three powers of governments, and the administration means much. Now the national and international affairs are becoming complicate, formidable and professional, changing rapidly. These require the rapid establishment of the policies and executing them by the administration. In spite of the written records of the separation of three powers and their constraint on each other in the constitution real political performance are increasingly being carried out by the administration itself. In conclusion the democratic free nations would persist in preserving the superior position of administration now on. Realizing these problems I am going to revise the followings, especially studying the administrative states of Western Germany. 1. The background and the base of the administrative states. 2. Realiy and norm of modern administration and its organization. 3. Present standings of administrative states.

실험연구 : 흰쥐의 수술 후 통증 모델에서 척수강 내로 투여한 Adenosine A1 수용체 작용제(R- PIA)의 모르핀 내성에 대한 효과

전인구 ( In Gu Jun ),박룡철 ( Long Zhe Piao ),권미영 ( Mi Young Kwon ),박종연 ( Jong Yeon Park ) 대한마취과학회 2007 Korean Journal of Anesthesiology Vol.52 No.2

Background: Analgesic tolerance to opioids has been described in both experimental and clinical conditions, which may limit their clinical utility. This study investigated the effects of intrathecal adenosine A1 receptor agonist (R-PIA) on spinal morphine tolerance. Methods: SD rats were given intrathecal injections of saline 10μl, R-PIA 10μg, morphine 10μg, or R-PIA plus morphine combinations for 7 days (R-PIA given for days 1-7; days 1-3; or days 5-7). Antiallodynic testing using von Frey filaments was carried out before and 30 minutes after the drug injection. On day 8, an antiallodynic dose-response curve was constructed and the 50% effective dose (ED50) for morphine (given alone) was calculated for each study group. Results: The coinjection group of R-PIA with morphine blocked the development of tolerance, as shown by the preservation of morphine antiallodynia over 7 days the concomitant decrease in the ED50 values on day 8, compared with the morphine-alone group. Although additive analgesia over days 1-7 cannot be ruled out, the reductions of the ED50 in the R-PIA and morphine combination group suggest some suppression of tolerance. Conclusions: These results suggest that intrathecal R-PIA prevents the development of spinal opioid tolerance. Future studies will be needed to examine the respective roles of supraspinal and peripheral sites of R-PIA and morphine interaction, and to investigate the mechanisms underlying the action of R-PIA on opioid tolerance. (Korean J Anesthesiol 2007; 52: 212~8)

임상연구 : 간이식수술 중 경정맥 산소포화도의 변화

이은호 ( Eun Ho Lee ),신균 ( Kyoon Shin ),김종욱 ( Joung Uk Kim ),박종연 ( Jong Yeon Park ),박룡철 ( Long Zhe Piao ),황규삼 ( Gyu Sam Hwang ) 대한마취과학회 2006 Korean Journal of Anesthesiology Vol.51 No.5

Background: Marked changes in systemic hemodynamics during liver transplantation may lead to changes in cerebral hemodynamics and metabolism. Therefore, continuous monitoring of the jugular venous oxygen saturation (SjvO2) may help the anesthetic management of liver transplantation. Methods: We observed changes in SjvO2 using a double lumen oximetry catheter for continuous monitoring and analyzed the correlation between SjvO2 and hemodynamic measurements in thirty patients undergoing liver transplantation. Results: There were no significant changes in SjvO2 compared to initial SjvO2 during liver transplantation. SjvO2, however, increased from 72.5 to 79.6 % (P < 0.05), before and after reperfusion. There was a weak correlation between changes in SjvO2 and cardiac output (r = 0.38, P < 0.05), whereas no correlation was found among changes in SjvO2 and arterial carbon dioxide tension, mean arterial pressure, central venous pressure, or mixed venous oxygen saturation before and after reperfusion. Conclusions: SjvO2 that reflects changes in cerebral oxygen demand-supply balance was well maintained during liver transplantation except the reperfusion period. Continuous monitoring of changes in SjvO2 at this period may provide further insight to understand physiology of cerebral oxygenation during liver transplantation and merits further studies. (Korean J Anesthesiol 2006; 51: 578~83)