재산권침해와 손실보상에 관한 연구

전일주 단국대학교 법학연구소 1987 법학논총 Vol.14 No.1

二重基準論의 形成過程에 관한 연구

全一柱 진주산업대학교 1999 論文集 Vol.38 No.-

Judicial review, generally considered as one of the most characteristic features in American Constitutional Law and widely acclaimed as brilliant contribution to constitutionalism. This paper focuses primarily on the Process of Formation of Double Standard Doctrine and constitutional adjudication under the American Constitutional Law and analyzes their implication in the function of the Judicial System. Although this paper's primary focus the Process of Formation of Double Standard Doctrine that has built up through the U.S v. Carolene Products Company Cases(304 U. S.144 (1938.1944)),much of the studies herein will also be applicable to the cases in Korea and other countries. The Contents are as follow: Ⅰ)Introduction Ⅱ)Reception of Carolene Products Case Ⅲ)Formation of Double Standard Doctrine Ⅳ)Understanding of footnote4 of Corolene Products Case Ⅴ)Conclusion

지적재산권의 국제적 보호에 관한 연구

전일주,조성종 진주산업대학교 1997 論文集 Vol.36 No.-

The international infringement of intellectual property rights is a very important problem today. Many international treaties for protection of intellectual property are applied impertinently in most cases. IT is because they were prescribed variously. This study aims at understanding the treaties for protection of intellectual property rights, desiring to remove the distortions and impediments to international trade, and taking into account the needs to promote effective and adequate protection of intellectual property rights, and to ensure that the measures and procedures to enforce intellectual property rights do not themselves become barriers to the legitimate trade, and examining the problems of the WTO/TRIPs.

地方自治 實施以後의 福祉行政傳達體系의 變化와 合理的 方案에 관한 硏究

전일주,안강식 진주산업대학교 1996 論文集 Vol.35 No.-

The welfare service delivery system in Korea has been centralized in top-down style. The functions of welfare have been dispersed with the central public administration organizations as well as the Ministry of Health and Welfare. And then the welfare service delivery system has not been specialized because of human and organizational factors within the bureaucracy. But I thought the local autonomy, especially the direct election of the heads of local government would have incurred the change of welfare service delivery system. However I didn't discover any other change except the change of the name of the local and central welfare organizations. For that reason, I scrutinize the various models, which are composed of two determinants(One is the degree of independence of welfare function from the local autonomous entity, the other is whether or not of the seperation of health and welfare function). Among these models, I recommend the ministry of health and welfare -the bureau of health and welfare- the office of health and welfare model(model6). This model has the advantages of the specilization of welfare administration, the cordination among welfare service organizations, the integration of services, and the participation of clients. These strengths are in accord with the ideas of local autonomy. The contents are as follows: Ⅰ. Introduction Ⅱ. Theoretical background of welfare service delivery system Ⅲ. Present condition and problems Ⅳ. Rational alternative of welfare service delivery system Ⅴ. Conclusion

WTO체제에 대비한 한국의 농업정책과 농업법제의 개선에 관한 연구

전일주 진주산업대학교 2000 論文集 Vol.39 No.-

The World Trade Organization(WTO) is the only global international organization dealing with the rules of trade between nations. The goal is to help producers of goods and services, exporters, and importers conduct their business. since the WTO was launched in 1 January 1995, the world trade order has been becoming "freer and fairer" in the sense that it covers a large scope of sectors and issues and more countries than it was under the former GATT regime. Recently, the WTO succeeded in including major issues of "new trade agenda" in its trade arena. This paper focuses primarily on improvement of Korea's agricultural policies and laws against WTO system and analyzes WTO agreement on agriculture and chief countries' agricultural polices. The contents are as follows : Ⅰ) Introduction Ⅱ) Leading Countries and Korea's Object of Agricultural Policies Ⅲ) Contents of WTO Agreement on Agriculture and Reform of Korea's legal Instruments Ⅳ) Conclusion

LRA基準論에 관한 美國聯邦大法院의 先導判例 硏究

전일주 진주산업대학교 2002 論文集 Vol.41 No.-

Judicial review, generally considered as one of the most characteristic features in the U.S Constitution and widely acclaimed as brilliant contribution to Constitutionalism, is the power of a court to review the actions of other government bodies in order to determine whether or not those actions are consistent with the Constitution. If, in the opinion of the court, an act is not consistent with the constitution, the court will declare the act invalid. Judicial review is usually associated with the court's determination that a law passed by congress or a state legislature is unconstitutional, but judicial review is much broader than that. it extends to all actions taken by the president, administarative agencies, or any other government body. Fifth and Fourteenth Amendments of the U.S Constitution provide that no one shall be deprived of life, liberty or property without "due process of law". Due Process is one of the most elusive and complex concepts in law. In simple terms it means that before government can take away a person's life, liberty , or property, certain procedures must be followed. Due process is the individual's major defense against despotic and arbitrary government. It prevents government interference with the basic rights of its citizens. due process has real significance only in a system of government where the people are truly sovereign for it means that not even The government itself is above the law. the government itself must respect certain rights and conform to accepted standards of behavior. Previously, due process was described as an elusive concept. It is certainly one of the most elastic and controversial in American Law , and has two interesting dimensions: procedural and substantive. Less Restrictive Alternative Test that has discussed in the U.S Constitutional litigation and has a good affected on Korea and Japan's constitutional litigation is one of the standards of constitutionality adjudication in the U.S Constitution. This paper focuses primarily on the developing process to the leading cases of U.S Supreme Court Decisions with reference to the Less Restrictive Alternative Test.

지방정부의 공공서비스 공급방안으로서의 제3섹터에 관한 소고

전일주,안강식 진주산업대학교 1997 論文集 Vol.36 No.-

Local governmetns ought to supply the various kinds of services that can satisfy diversely administative demands of their inhabitants. Comparing with the deficiency of finance, technology and ability in local governments, the needs of inhabitants are blowing up . Therefore the third sector as a service-supply system is required to tide over the financial troubles in local government. As the history of the third sector is not long since it was put into effect, this monograph may not generalize the results discovered by the concrete case study. Bearing this point in mind, I am to consider problems of the third sector, and to present the activation plans to problems of the third sectors. The of this paper are as follows : Ⅰ. Introduction Ⅱ. Theoretical background of the third sector as service-supply system. Ⅲ. Present condition of the third sectors. Ⅳ. Problems and Activations of the third sector. Ⅴ. Conclusion.

水利權에 관한 硏究

全一柱 진주산업대학교 1995 산업과학기술연구소보 Vol.- No.2

This paper forcuses primarily on the systematic analyses of water rights in Korea. Although this paper's primary focus is on the legal position of Korea's water rights within the meaning of the river Act, much of the analysis herein will also be applicable to other country. The contents are as follow ; Ⅰ) Introduction. Ⅱ) The concept of water rights and the legal character of licence. Ⅲ) The legal character and contents of water rights. Ⅳ) The remedy of water rights. Ⅴ) The co-ordination and rationalization of water rights. Ⅵ) Conclusion.

LRA기준의 적용상의 쟁점

전일주 진주산업대학교 2003 論文集 Vol.42 No.-

경제위기하의 복지정책의 변화 : 영국의 경험 Experience in England

전일주,안강식 진주산업대학교 1998 論文集 Vol.37 No.-

This paper is to seek the wisdom about the direction and response of the welfare policy in Korea by examining closely the change of the English welfare policy in the past as history teaches the wisdom. The contents of this paper are to compare the ideologies, organizations, programs and finances of welfare in England before and after the economic crisis. First of all I can discover the distinguished changes in ideologise, organizations and programs of welfare and discover the constant and incremental change in terms of finances. Especially It is in contrast to the intention of the Thatcher government that it shows us constant and incremental change in the financial aspect. The case of the change of the welfare policy in England is not of general application in our welfare policy. However, There is any inkling. The economic crisis in England is attributable to the expanding welfare expenditures but our economic crisis has its origin in political corruption, undeveloped monetary situation and wasteful importation of foreign capital of the financial cliques, I think. Therefore, the method to deal successfully with the economic crisis is differs from country to country. We ought to not cutback the welfare expenditures. If not so, our level of welfare will go down more and more. We have to change the welfare policy drastically to emancipate the poverty class through the increase of welfare expenditures.