RISS 학술연구정보서비스

검색
다국어 입력

http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.

변환된 중국어를 복사하여 사용하시면 됩니다.

예시)
  • 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
  • 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
닫기
    인기검색어 순위 펼치기

    RISS 인기검색어

      검색결과 좁혀 보기

      선택해제
      • 좁혀본 항목 보기순서

        • 원문유무
        • 원문제공처
          펼치기
        • 등재정보
        • 학술지명
          펼치기
        • 주제분류
          펼치기
        • 발행연도
          펼치기
        • 작성언어
        • 저자
          펼치기

      오늘 본 자료

      • 오늘 본 자료가 없습니다.
      더보기
      • 무료
      • 기관 내 무료
      • 유료
      • 韓國 家族法에 關한 硏究 : -Considering the Equal Treatment in the Sexes-

        郭鐘泳 順天大學校 1984 論文集 人文社會科學篇 Vol.3 No.-

        The family system which is a warm nursery as well as a basic ground of formation of racial so ciety consciousness is requested the technigue that besides respecting the ancestor's beautiful mores and caustoms, it should embody between democratization and ratonalization which resulted from social changes. With the transmission confucianism, the Korean family law had been developed by the blood relationship of male line since Chu Dynasty of China and the royal family law of a large family unite system of paternal family line based on the marriage system with non-relatives. Since the Yi Dynasty fastened itself upon the Korean family system. But this contained the undemocratic factors to hinder the originality and developing of personality and to subordinate the famale standing to the male standing. Accordingly it must be the preconditions to carry out the democratization of family society for the democratiozation of Korean society and to carry out the democratization of the family system or the family law for the democratization of the family society. From such premises it should be the urgent matters to apprehend and analyze the undemocratic and irrational factors, and then to try to find the betterment ways. Now our nation, Korea has been up to the democratization and rationalization in consciousness construction, and to the individualization and scientific -minded in living ways of persons according to accepting the economic, social and clutural changes toward modernization. One of the noticeable changes of them is to have advanced the famale standing and the female social function. In spite of these facts since that time of 1958 that Korean family law was established, it has not been entirely liberated from the thought of the traditional royal family system of predominace of men over women. So the Korean family law consisted of the synthetic structure of both aspects of feudalistic and modern democratic. Besides the differential of thinking way between old and new generation in the real aspects is severe. Such transitional complexies and difficulties were the Korean social Phenomena as well as problems on the managment of law. However we couldn't stop trying to get rid of such problems. In the meantime the Korean family law had been somewhat revised several times. But the controversies of the problems of the family law were not throughly solved. Especially the women organization strongly proposed the revision of the family law which still contained the factor of the unequality of the sexes. However the failed to relaize the anticipated result. In this juncture we should try to find out the rationalizaton and democratization in accordance with the views of harmonization between tradition and charges. In these analyses through the process of revision, while the pure relation of status has a strong tendency to still keep the traditional living ways, it tends to maintain the nuclear family and to wipe out the idea of the unequality of sexes in the economic aspects. Then while the economic development and the unclear family system are breaking the traditional family system, however the traditional human touch of Korean has a beautiful aspect not to give up the homesickness of family harmozization as well. In spite of such facts the effort for the demorcratization based on the equality of sexes has not been stopped. Of course our effort for democratization of family law is necessary but it should not depend on the benefit or feeling of certain layer but on the sincerity and fairness. And the estrangement between law and reality must not be severe. As the efforts for this, I would like to get the various examples of legislature of many nations. And I attempted to weight the public opinions of people by means of questionnaire. The analyzed outlines in each field show followings; The first, the part who wants the present unequality of sexe within the scope of realtives by marriage and blood realtives is superior. The second, in the system of head of family, the part who tends to leave the system itself to revise the contents tends to stand to each other in the relationship of master and man. The third, the thought that the marriage of the same surname and the same family orign should be relied on the far degrees or customs is gradually being changed. And the thought that the consus registration of married couple should depend on male regislation is absolutely dominant. And the thoughts that the place to live together should be decided by discussion, and that the surname of married couple should be followed to each independent own family name are predominent. And the thought that the living expenses of married couple should do common payment is general tendency. The fourth, the thought that the property of married couple must be independently managed, but the property which the couple earned in the period of marriage should be common possession is general. The fifth, in the time of divoce, the thought of the right of claim of property ditribution should be recognize is also general. And the paternal authoirity of divoced couple stipulates to follow the agreement couple, but in case of no-agreement, the father should exercies the parternal authourity generally, but the obdience of court decision more desirable. The sixth, the thought that adoption system is not essentially needed has been changed. The seventy, the opinion, in the succession, to solve the differential between man and woman is dominant. And also a wife wants to be treated equally. The mentioned attitudes above of many national along with examples of legislature have to sugest the useful basic grounds in order to be good family. In the long run the family law should carry out the rationalization and democratization on the base of the eqality of sexes, but should try to arrive at the harmonization point to respect the tradtion and customs considering the consciousness of people and social phenomena.

      • 行政節次에 관한 考察

        郭鍾泳 順天大學校 1986 論文集 人文社會科學篇 Vol.5 No.-

        With the devloPment and specialization of industry, the modern society presents great complexity in the various fields of politics, economy and society, which accordingly imposes a heavy obligation on the nation to solve the problems and to promote the national welfare. This consequently brings the nation's administrative action only to expansion, reinforcement and specialization, which is however inevitably attended with the high possibility to violate the rights and interests of the people. The violation of the rights and interests of the people can be cured by administrative remedy. However it is the expost facto actions so that is unsatisfactory. Therefore we should take preliminary and preventive steps to meet such circumstances. Among them, people's active participation in administrative decision is a way to promote the efficieney law-governed administration and to achive the democratization of administrative proceedings. In our country, the law of adninistrative procedure is in force in part, but leaves something to be desired. Thus to bring it into all-out effectuation, the provisious about the basic rights of administrative procedure should be included in the constitution and on whose basis the enactment of the lawof administrative procedure should be realized as soon as possible. For this purpose, this paper examines not only the aim, function of administrative procedure but also its contents and legal principles centering around the foreign legislation, and thereby suggests the direction as well as the analysis of the problems caused in the course of realization of legislation of administrative procedure. The regulation of procedure for democratization of administration which can induce the citizens to participate in it through information opening, previous notification, a hearing, data exhibition and endowment of defense chance, can guarantee the rationality of administration and promote the rights and interests of the people, which serves the spirit of our constitution.

      연관 검색어 추천

      이 검색어로 많이 본 자료

      활용도 높은 자료

      해외이동버튼