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      • Max Weber의 法社會學에 對한 考察

        朴龍喆 慶北大學校 1975 論文集 Vol.20 No.-

        According to Weber, the object of sociology is the social action of human beings. A social action means an action which is derived from the actor's subjective will and affects other human beings. So sociology is an experimental science which tries to understand the actor's will and describe the process of the will. In contarst, sociology of law concerns itself in the study of the direction of the social action performed by people who, living in a real society, recognize subjectively the implications of law. Max Weber's major concern with social theory was to understand the characteristics of modern European rationalism and make the history of their realization clear. He endeavoured to follow and elucidate the process of rationalization peculiar to Europe in such fields as economics, technology, science, religion, politics. This is the case with the field of law. And it might be said that his problem in the sociology of law was to clarify the rationalization of law and the conditions of its realization. Weber made two great achievements in the sociology of law. One is his methodology and the other is his rationalization of modern Western European law. So it might be inferred that his sociology of law centers on the study of the rationalization of modern law. This view point of Weber' is manifested in his sociology of law as well as in his sociology of religion. So I intended in this essay to make a study on his general theory of law, his problems and methodology in the sociology of law. I also intended to elucidate his rationalization of law in relation to economic, political, social, and ideological conditions.

      • 韓國의 消費者 保護 方向에 關한 硏究

        朴龍喆,崔仁和 경북대학교 교육대학원 1990 논문집 Vol.22 No.-

        In a modern mass-consumption society, necessity of the consumer protection became a serious problem in government as well as xocietal dimetaion. Because the power of each man of consumers is trivial than that of industrialists. But, fortunately, the currents of the consumer protection have changed from the period of ignorance (or the period of public awareness) to the period of consumer achievment. Now, private organizations, both consumer-Owner-and-operated and business-sponsored, aid consumers. Especially, consumer protection Board(韓國消費者保護院) is known to us as a professional nonprofit foundation for Consumer aid and protection. The aims of this study is searching for the New Guidelines of Korean Consumer protection(especially focused on the role of Consumer protection Board). Conclusively, We suggested several Outcomes of this study as follows. 1. The first of new Guidelines of COnsumer protection is establishing the Korean Consumerism which guard us from the arrogance of the busimessman's in the broad fields of manufacturing, advertising, labelling, and selling. 2. Concrete policies and bills are arranged and recommended for the consumer by C. P. B. and those plans will promote the consumer's seven rights. 3. We consider that the legislation of the class aciton, chilling effect system, market court, and the suitable remedial measures to reduce the risks to the communities. 4. We pay attention to the consumer education in elementary and secondary school for vitalizing the desirable consumption culture. 5. We hopy the C. P. B as a efficient, professional consumer protection orgmization which accommodate with consumer ombudsman system.

      • 합리적인 양형을 위하여 (上)

        박용철 서강대학교 법학연구소 2007 서강법학 Vol.9 No.1

        Sentencing law must accomodate many structural and individual constitutional interests: federalism, the separation of powers, democratic experimentation, individualization, consistency, efficiency, and procedural fairness and notice. The Court, however, has lurched from under-to over-regulation without carefully weighing competing principles and tradeoffs. A nuanced, modem sentencing jurisprudence would emphasize that a trial is a backward-looking, offense-oriented event well suited for a lay jury. Sentencing, in contrast, includes forward-looking, offender-oriented assessments and calls upon an expert, repeat-player judge to exercise reasoned judgment. Juries should find offense facts, but judges may find offender facts and also exercise judgment at sentencing. Part I of this Article begins by discussing principles that should inform the development of sentencing law. Constitutional sentencing rules should respect federalism and democratic experimentation, while also recognizing the virtues of input from various branches and actors. This part explores some missteps in the Court's sentencing jurisprudence, which further highlight why the Court should avoid writing Cunningham too broadly.

      • 國政調査權의 比較法的 考察

        朴龍喆 慶北大學校 師範大學 1974 敎育硏究誌 Vol.16 No.-

        There are many theoretical arguments of whether the investigative power of Parliament is an inviolable right or it is only a complementary right in its own. For the efficient use of the right which is defined in the Constitution the theory that the above complementary right should prevail over the other has won more support in foreign countries. With the rise of the parliamentary system this right has come into being and matured into an indispensable element in the modern democratic states. Therefore this right is codified in the constitution as an important function of parliament. But this power hailed to the delicate problem that the three divisions of power must be well kept, especially in the balance of independent power of judicature because this investigative power has been enlarged and strengthened. Thus the precedents in Europe and the U.S.A prove that the measures of investigation have often been liable to be threats to and interference with fundamental human rights. Much Conflict has been produced between this investigative power and the forces that want to improve them. Now the superiority of parliament which has allowed it to use its right extensively and efficiently is doubtful. The reason is that three divisions of power should be preserved by any means with the fundamental requirements to keep an inviolable power of judicature. Accordingly, this investigative power can't help being limited, and nowdays this problem draws our attention very much. In this paper I survey how this-power system has been developed in the U.S.A, England, Germany and France, and also I concentrate on America, which has shown the most frequent and problematical incidents of the investigation Compared with those of the European systems. Finally I review the distinctive Competence and performance of this system in the relation of the administration and judicature, taking the historical and political backgrounds into Consideration.

      • KCI등재

        관절경 도움하 요 수근 굴건을 이용한 전방 및 후방 주상월상 인대 재건술의 결과: 변형된 관절경하 Corella 술기

        박용철,김명선,이영근,서창영,신상규 대한수부외과학회 2020 대한수부외과학회지 Vol.25 No.2

        Purpose: We evaluated results of arthroscopically assisted volar and dorsal scapholunate(SL) ligament reconstruction using flexor carpi radialis(FCR). Methods: We reviewed 31 cases who had been operated from August 2015 to June 2018. Two cases were excluded and 4 cases lost contact. Twenty five wrists were included. The average follow-up duration was 25.3months. Diagnostic arthroscopy was performed to evaluate EWAS stage of SL instability and the reparability of SL ligament. The SL reconstruction was performed for the cases which showed EWAS stage IIIC, IV having gap over 3mm and irreparable SL ligament. The interval between the diagnosis and operation was 5.9 days in average. We modified the arthroscopic Corella technique by repairing the graft tendon to FCR. Results: All SL joints were stabilized to EWAS stage I arthroscopically after reconstruction. DASH score changed from 32.7 to 9.7. Grip power changed from 74.1% to 93.3%. Modified Mayo Wrist score was 83.8. Preoperative SL angle was 53.8。, postoperative 49.6。 and the last was 51.2。. The improvement between preoperative and last follow-up SL angle was statistically significant(p 목적: 관절경 도움하 요 수근 굴건을 이용한 전후방 주상월상인대 재건술의 치료 결과를 알아보고자 하였다. 방법: 2015년 8월부터 2018년 6월까지 본원에서 수술을 받은 25예를 대상으로 하였으며, 평균 추시 기간은 25.3개월이었다. 진단적 관절경을 시행하여 주상월상 관절 불안정성과 주상월상 인대의 봉합 가능 여부를 평가하였다. 주상월상 인대 재건술은 EWAS (European Wrist Arthroscopy Society) 분류상 IIIC, IV 단계 이상이면서 간격이 3 mm 이상 벌어지고, 주상월상 인대가 봉합이 불가능한 예에서 시행하였다. 수술 방법은 관절경적 Corella 술기를 변형하여 사용하였다. 결과: 재건술 직후 시행한 관절경하 평가에서 주상월상 관절의 상태는 모두 EWAS I 단계로 호전되었다. DASH (Disabilities of Arm, Shoulder and Hand) 점수는 수술 전 32.7점에서 9.7점으로, 악력은 반대측과 비교할 때 수술 전 74.1%에서 93.3%로 호전되었다. 최종 추시 주상월상 각은 수술 전보다 유의미한 호전을 보였다(p<0.05). 주상월상 간격이 2 mm 이상 벌어진 예가 수술 전 12예였으며, 최종 추시에서는 관찰되지 않았다. 결론: 후방 주상월상 인대 단독 재건술의 좋지 않은 방사선학적 결과를 극복하기 위해 요 수근 굴건을 이용한 전후방 주상월상 인대 재건술을 고려할 수 있으며, 관절경하에서 시행할 경우 외재성 인대와 후방 골간 신경 손상을 최소화하여 더 빠른 회복을 기대해 볼 수 있다.

      • 言論의 自由와 Privacy의 權利

        朴龍喆,崔仁和 慶北大學校 師範大學 1984 敎育硏究誌 Vol.26 No.-

        It is said that the nature of human-being has the figure of Janus. Therefore a human being has a contradictory propensity in his social behaviors; that is, to pursue the unknown world out of curiosity and to take a pleasure for his secrets. In this reason, the freedom of speech and press has been a feud with the right to privacy, and this is why that we are going to investigate the various legal problems of privacy in this paper. Generally, we hope for harmornization the freedom of speech with the right to privacy. Since we like in a so-called information-oriented society, the more the technology of information develops, the more privacy diminishes. Also the rapid progress and monopoly of the mass-media bring about the result of infringing a basic human right, especially the one like the right to privacy, with in curcumstances of Yellow Journalism and Commercial Business. Keeping in mind on the present conditions of freedom of speech and press, In this thesis, I made a survey on five points; (1) The modern circumstances of mass-media and the freedom of speech and press. (2) The concept and legal characters of the right to privacy. (3) Types of privacy torts; 1. Intrusion 2. public disclosure 3 publicity 4 appropriation. (4) Legal protection and vemedies for privacy torts. In conclusion, I thought the concept of the right to privacy in modern welfare state shall be difined in a positive way, precisely the private date subjects to the right to control information about himself. And I suggested the enactment of a privacy act which contains remedies for privacy torts and validities of the right to privacy among individuals.

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