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民願行政事務 改善을 위한 調査硏究 : 全南道內의 市郡行政을 中心으로
黃革周 朝鮮大學校 社會科學硏究所 1981 社會科學硏究 Vol.4 No.-
The purpose of this thesis is to research the devices for the improvement of the civil petition administration The civil petition administration is the very key to the credible administration, since it, as a public response to one of the forms of direct adminestrative demand which the people require of the government, contacts the general public more intinsively than any other field of the administration. And kindness, fairness and speediness are reguired in carrying out the public services at the window, since they, in particular, have the characteristic as a show-window of the administration. From this standpoint, each developed country is tryng to improve its civil petition adiministration and our country also has been pushing forward the gradual improvemint of the civil petition adminestration for the past decade and especially, epoch-making renovation works have been carried out by the new government since last year, 1980. In this thesis, the author examined the theoretical background of the civel petition administrotion, and then tried to explore the desirable fundamintal direction of the civil petition services by analyzing the data through the research methods of interview and qeestionaire for the opinions and experiences about the problems in the civil petitions on each side of both the civil affairs and the citizens presenting the civil petitions. The main contents of this thesis are as follows 1. Introduction 2. Theoretical Background 3. Research Methods and Contents 4. Analysis of Results by the Questionaire 5. Comprehensive Analysis and Argument 6. Conclusion and Several Suggestions
黃革周 朝鮮大學校 法政大學 1974 法政大論文集 Vol.2 No.-
The notion of "nature" in thought of natural law of modern age was different in par-ticulars among jurists, but the main view was common in their thinking. 1. Their basic attitude which interpretes the human nature was highly empirical. And it must be noticed that the importance of the historical tradition was attached by them. 2. They conceived the "nature" of man as conscience or reason. It was believed that men are reasonable beings by nature, and they found the primary source of legal rules in reason. They believed therefore that truth could be recognized only by reason, and that it need not appeal to devine authority or other authorities. 3. They thought a man as a self-sufficient and self-willed individual by nature. In other words, they found a man as an individual. They recognized personal value to the individual in contrast with that Stoic and Thomist didn't recognize it to him. It is evident that they deduced the theory of social contract from this point of view. 4. Natural-law meant natural right to them. They thought that men have the right to life, labor, and private property by nature and that these right are immutable and absolute natural rights. It was believed to them that the functions of law and state is to guarantee these natural rights. This thought of natural-law in England gave an influence to Montesquieu and Rousseau, and even to each nations in Europe.
黃革周 朝鮮大學校 1975 綜合論文集 Vol.1975 No.-
제2차대전후의 서독에 있어서는「법실증주의의 극복」이 법철학의 중심과제가 되었었다. 그러나 주지하는 바와 같이 다시 새롭게 재생한 자연법사상은 얼마 못가서 또 다시 비판의 대상이 되고 말았다. 따라서 한편으로는 법실증주의를 거부하는 반면에 또 한편으로는 자연법사상도 지지할 수 없다는 의견이 현대 서독이 법학자간의 통설이라고 할 수 있을 것이다. 그러나 법철학의 사상적 전개과정을 통람해 보면 항상 거기에는 영겁회귀하는 몇가지 문제가 반복되는 것 같이 보인다. 물론 그 본질적인 문제성으로서 다루어지고 있다는 사실에 도 기인하겠지만 법철학상 영겁회귀하는 자연법의 문제와 마찬가지로 정의의 문제도 언제나 그와 같은 상황에 놓여지지 않으면 안 되는 것이다. 법철학적 탐구, 더 정확히 말하면 자연법론이 싻트면서부터 짧지도 않은 2500년의 역사속에서 항상 근본문제로서 등장되었고, 또 수많은 선철들에 의하여 결산적인 시도가 행하여졌고, 새로운 관점에서 고찰되었으나 항상 종국적인 해답을 얻기는 불가능하였던 문제의 주인공은 바로「정의의 원리」였던 것이다.
黃革周,金柄大 朝鮮大學校 法政大學 1974 法政大論文集 Vol.2 No.-
The natural law theory of the confucianism was a traditional legal thought in the agricultural society of the ancient orient. but, owing to the stagnation of the oriental culture, the above thought had ruledthe oriental society till the middle of the 19th century and the confucian notion is making fundation in forming up the oriental way of thinking. The basis of the thought is rationalism as "cheon(god, heaven) and reason. however, the contents of the thought represented by the confucianists were not reasonable. Confucius suggested wisdom, goodness and bravery as the contents of the natural law, and mencius the three bonds and the five moral rules in buman relations, and goodness, justice, courtesy and wisdom. The contents of the natural law theory are as follows : it was 1. directed to a patriarch oriented family system. 2. a ranking order which regarded men as the inequal relations. 3. authoritative and autocratic. 4. lacking in notions on freedom and right. Such concepts of the natural law not only gave rise to law-despising mind, but also deprived men of democratic volition. Now re-establishment as modern legal thought are required through duly criticizing the confucian natural law doctrine.