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      • 環境權의 生成과 侵害의 救濟에 대한 法的 考察

        卞鐘華 忠州大學校 1995 한국교통대학교 논문집 Vol.30 No.1

        It is viewed in this paper how the environmental right occurred and what legal relief measures there are when the environmental right is violated. The environmental right has been claimed since 1960s when the environmental pollution was severe in developed countries and they tried to provide a legal step for it. In Korea, the environmental right was expressly provided first in the Article 33 of the Fifth Republic Constitution, and at present it is expressly provided with 3 sub-sections in the Sixth Republic Constitution. In general, it is possible for the relief measures in violation of environmental right by the administrative law and private statute.

      • 民主主義 本質과 宗敎의 自由에 關한 憲法的 考察

        卞鍾華 忠州大學校 1985 한국교통대학교 논문집 Vol.19 No.1

        This paper exeamined the essence of democracy and the freedom of religion among the civil liberties in basic rights containing the concept, development, essence(priciple) of democracy, security of civil liberties, and the freedom of religion. This paper was based on the Constitution of the Fifth Republic of Korea, especially Article 9 provided for the dignity of mans worth, Article 10 provided for equality, Articles 11∼22 Provided for freedom, and Article 19 Provided for freedom of religion. I hope paper will be some Contribution for an avanced nation in the nation's democratic way of life.

      • 民主主義 本質과 身體의 自由에 對한 考察

        卞鍾華 忠州大學校 1982 한국교통대학교 논문집 Vol.15 No.1

        This paper is a study on the etimology, concept, development, essence, the guarantee of civil liberties as the fundamental human right, and the guarantee of personal liberty in democracy. Especially this paper is an attempt to make clear the guarantee of the fundamental human right to realize the human sanctity, freedom and equality which we presum the goal of democracy in our constitution, and the systems to guarantee the personal liberties. So, in constitutional side, this article will contribute in some way to settlement of democracy, embodiment of social justice, educational reform and cultural promotion and construction of social welfare to which the government of the fifth republic aims.

      • 國家의 主權의 關한 硏究

        卞鍾華 忠州大學校 1981 한국교통대학교 논문집 Vol.14 No.1

        " Sovereignty " derives from the Latain word, Superanus which includes Supremacy, independ, Sovereign power, and supreme power to decide national offairs. It also includes absoluteness, permaneny, indivisibility, untransferbility, unprescription. Sovereignty comprises territorial supre macy, personal superemacy, supere macy of organization of nation, and treaties with other countries, and special right by general international laws. The are several theories of sovereignty, such as, the ory of monachial sovereignty, the ory of double sovereignty, the ory of sovereignty of people, the ory of nation, the ory of sovereignty of parliment, etc. According to the Constitution, Artcle I, clause II, The sovereignty of the Republic of Korea shall lie in people and they shall exercise their right though their repere sentatives of referendum. It descends from the principle of sovereignty of people. We should do our duty sincerely and withow fa fail. and build a welfare country, being consecious that we are master of this country. And then we should pass it on to our descendents honorably.

      • 言論·出版의 自由에 대한 小考

        변종화,전찬희 충주대 산업과학기술연구소 1997 産業科學論文集 Vol.5 No.-

        Until now we have chiefly illustrated the general theory and a standpoint of the Law Court of the Constitution regarding the freedom of the press. It is true that our former ground to the press accompanies lots of restrictions and control. Through the security of a nation and the wilful interpretation by the sovereign, the system of a permission and a censorship have been enforced openly. In the beginning of 80's, the control and enforcement of the press were compelled by the Special Committee for National Security Measures of the typical suppression of the press. Since then and the government authorities including us have become converted. It is observed that the contents monopolied by the Execuitive are relativized and opened. So we feel as if we were living in a quite different world. Our recognition of the constition is getting new along with the introduction of the Law Court of the Constitution. Since we found the decison that some items of the law are against the fundmental human rights, we've come to understand the true meaning of the law. We usually look upon the freedom of the press as a corner stone of the democratic society and as a kernel of the mental rights of freedom. The mass media such as the papers and the books overflowing(like sudden dash of water) in the modern society are and the means to deliver people the information. But the government authorities frequently repeat the attempt to suppress the freedom of speech and publication for maintaining their positions. At all costs, the rights and the freedom of the press in the country must not be disturbed and limited by the soveriegn. Although the security, a public order, and the Constitution are thought of as as an important factors, the contents of the law must be ptresented clearly, and further, its restriction has to be cut down. When we also find the damage of the press, we need to make up for the loss effectively, and boost the organization like the press arbitration committee. We need to consider the introduction of the system of a public attorney to have a responsibility in a cilvil suit.

      • 韓國의 婚禮凡節에 關한 法的 考察(Ⅰ)

        卞鍾華 忠州大學校 1989 한국교통대학교 논문집 Vol.23 No.-

        In Korea there are four of wedding : The celebration of one's coming of age, the conventional wedding, the modern wedding, and the religious wedding. The celebration of one's coming of age was held before a wedding as a precondition to fulfill the wedding in the past. The conventional wedding has traditionally been celebrated for a long time. the modern wedding is held on the basis of the simplified Family Rite Standards. The religious wedding is based on each religion. This paper dealt with the celebration of one's coming of age and the conventional wedding. The modern wedding and the religious wedding are reserved for further study. The celebration of one's coming of age and the conventional wedding are very complicated in their formalizations, and may be thought as anachronism. However, we are trying to find established social morals and customs by making a thorough investigation of past events. And this kind of work will be of help improving national culture by making harmony between the past and present way of life.

      • 韓國의 祭禮에 關한 考察

        卞鍾華 忠州大學校 1984 한국교통대학교 논문집 Vol.17 No.2

        This is a study on the sacrificial rituals in Korea, and aims to dispense with empty forms and affectation, to eliminate waste by the rationalization of ritual procedure and to build up a welfare state as soon as possible through all nation's full life by making a sound social traits. This study examined the significances of sacrificial rituals, old-fashioned, modern and religious rituals respeckively.

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