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      • 國際聯合과 平和强制 序說 : 憲章第七章을 中心으로

        鄭鍾學 忠南大學校 1962 論文集 Vol.2 No.-

        The political motive of United Nations is known to be stronger than the legal one, and it might, consequently, be unreasonable to foretell the future of the United Nations soley by looking at its legal side of the aspects. But, if I dare to draw a conclusion, the United Nations as an organization of peace-enforcement seems to have failed in establishing a complete and perfect system within itself; because, the Security Council is almost paralysed in the successful discharge of its primary responsiblity due to the evil existence of "droit de veto" provision. Besides, the lack of "accord spe´cial" have induced the Security Council to a nealy crippled body of a car without wheels, If there be any slight development found in the United Nations system of peace-enforcement, it is that the function and authority of the General Assembly is made a little more powerful than before. It is true that the impact of this fact cannot be undere stimated, and that the General Assembly has gained an incressed function and power, but we can not optimistically conclude that the United Nations itself has gained, as has been already investigated. Then, how can we achieve the world peace under the present system of the United Nations? I think we can solve the problem, if not perfectly, by allowing the General Assembly the possible maximum discretion in reaching decision needed to carry out the its secondary responsibility, in the case the Council fails to discharge the primary one entrusted. Of course, it is also true that the General Assembly does not have legal powers enough to mobilize those necessary measures to prevnt and supporess any illegal appeal to force. Yet, the General Assembly can effectively perform its duties only through the formation of a world-wide public opinion even the Great Powers can not easily ignore. And we can also expect the General Assembly will be able to play its best role in exerting all knids of political and economic pressures designed to prevent and sanction any illegal exercise of force. The way to peace is difficult, but our goal is not too far away. Rather, it is directly connected with the deep core of human mind itself. Just as the Preamble of UNESCO Charter declares manifestly, it is the human mind that war starts. If we sincerely hope to maintain peace in this world of ours, we should, first of all, begin to construct bulwark in our mind for ever-peaceful society.

      • UN憲章과 自衛權 : 第51條 "if an armed attack occurs"의 解釋을 中心으로

        鄭種學 忠南大學校 1965 論文集 Vol.4 No.-

        Since, under the traditional international law, the provisions for the right of self-defence are not prescribed clearly, we witnessed many a case of mal-application of that right in international society. When we survey it historically, the German invasion of Belgium in 1914, the Japanese invasion of Manchuria in 1931, and the German invasion of Norway in 1940, were manifestly the acts of aggression launched under the pretence of self-defence. And, the results always were that the more powerful state was advantageous. The cause of this frequent abuse of the right of self-defence can basically be accounted for by the fact that international society, strictly speaking, lacks an ultra-nationalistic organization that can judge the righteouness of any use of force by any state. Accordingly, nothing is more essential than our effort to improve the system of the international society so that any exercise of the right of selfe-defence is not necessary at all. But, as we find that even the internal society of a state, where order is firmly maintained by its own strong power, allows to the individuals whose rights are endangered by a breach of law the right to protect their rights by their own action, we should conclude that in our present-day international society, where the centralized machinery for the enforcement of law is not established yet, it is practically impossible to prohibit any state from exercising its right of self-defence under certain unavoidable circumstances. Our arguments coming to the problem of how to prevent the right of self-defence from its mal-application, we propose here that the requisites for the exercises of right of the selfdefence particularly by force should be confined to a concrete and explicit standard, and this standard also should be interpreted strictly because the danger of justifying any aggressive use of force as self-defensive might occur, should any expanded interpretation of this standard be allowed. Here, we support the restriction theory in interpreting the proviso “if an armed attack occurs” of Art. 51 of the Charter, but we are ready to recognize some degree of flexibility in defining of “an armed attack.” We conclude as follows; Art. 51 of the Charter applies (1). in case of an armed attack, but not in case af any other violation that dose not consttitute an armed attack. (2). in case of an actual occurence of an armed attack, but not in case of an anticipatory self-defence against the danger or threat of an attack. (3). only to armed attack that is serious and illegal. And the act of self, defence should be limited to an inevitable case, not exceding the necessary extent.

      • 日本의 法學敎育制度와 法學敎授方法에 關한 調査 硏究 : 韓國에 있어서 法學敎育의 改善策을 爲한 比較的 考察 및 提案

        鄭鍾學 忠南大學校 1969 論文集 Vol.8 No.-

        I am sure that what I have experiented during my stay there, that is, what I have seen and heard about law colleges and their education in Japan is to be a great help to the education of studies in law here and will surely contribute very much tp the promotion of friendly relationship between Japan and Korea, providing a close tie between Japanese professors and students of law colleges and Korean. Besides this I have to confess about this programme that it was really convenient for my study to be so free in my activities all through my study period there but that the study period, being too short for a full study, should necessarily be extended over more than three months, if possible. It was quite remarkable for me that every colleges in Japan has its own characteristics different from others in research education and academic administration with a century old university history, there being a great many universities with varieties of their curricula. Among 345 senior colleges, national, provincial, and private in Japan now with 1,044,296 total students, 13 nation colleges, 2 provincial besides 34 private colleges have either faculties of law or departments of law 23 of which have evening schools, the total number of the Students Amounting to 110,000 round. And the most remarkable fact is that 19 of those 49 universities swarm in Tokyo area, majority of hte students of law-major being turned out by private colleges there with the result that majority of those who Passed varieties of national examinations, particularly greater part of these who passed examinations in the judiciary are from those universities in Tokyo, more than a half of them being from private colleges now. In the past time, it was so-called imperial universities that had taken the charge of education in law, that had played the most important role in producing higher class officials, congress-men, judges, public prosecutors, lawyers, their role thus peaking as so-called Minobe period. But after the world War Ⅱ, Japan's education in law was revolutionalized, old universities of national system have been changed to new system of universities that aim to democratize education. What the education in law under the new system is directed to perform a human education including culture and good sense opposed to the aim of the education in law under the old system that aimed to produce professional lawyers. However, with Japanese universities there has been happening some confusion in their social role or in their functions, that is to say, university education today includes even general culture and professional education etc. besides the old roles such as the researches and education at the old system of universities During the first two years of junior course they give lectures on subjects covering all of the general culture field at most of the colleges under new system, but during the last two years of senior course they do on major subjects concerning law studies, while at some law colleges, the senior course is lengthened into 3 years so that they may ive more fruitful education in their majors. But it seems to me that latter kind of plan is available for faculty oflaw, Tokyo University that is prepared with more of chairs and with better equipment than other universities. Again it is desirous that the teaching method in law colleges in Japan has to be bettered in someway since in majority of faculty of law that is so vital to Japan's education in law hold more than 500 students in each lectures room. Under such condition, it must be difficult to educate the creative men who are positive in their activities and can think for themselves. It is to be suggested that more of case-method teaching should be applied to while I admit that such teaching method as criticism on judicial precedents is admirably adopted. I believe that the law counselling offices free for the citizens that are being run by most of the colleges in Japan are to give a great help to the clinical education in law, contributing much to the promotion of culture in law in Japan as well.

      • 大學生의 法意識構造와 大學새마을運動의 方向

        鄭鍾學 충남대학교 새마을연구소 1984 새마음 논문집 Vol.5 No.-

        The Saemaul ideal in the 1980’s must be sublimated into national and racial apirits and the universities must play a leading role in settling, continuing, and developing the Saemaul ideal. The Saemaul Campaign characterized by Korean speciality lies in accomplish­ing to modernize a fatherland, our long―cherished desire. But in the structure of consciousness of the Korean university students, There still exist some past―oriented, passive, and negative causes, which should be corrected and improved from the educational viewpoint. Most of the university students think they should be a law―abiding people, while some of them think they will suffer a loss to observe law, or they do not mind if they observe law or not. Some think they had better adopt an expedient rather than law. Others think that law is observed only by superiors, or power excels law. The university students have a strong consciousness of democratiza­tion, while they have a weak consciousness of subjectivity and national security. A result of this survey does not entirely mean that all the Korean university students have such a negative consciousness. If so, this phenomenon is a slice of our society. It is my view that the university Saemaul Campaign should be strengthened to establish an affirmative social ethic, a new national identity, a national security, and a new social justice with a view to eliminating a negative and mistrustful element and cultivating a positive and progressive attitude. In short, it is the university Saemaul Campaign that should pave the way for strengthening the consciousness of subjectivity and self―identity. forming good habits of conscious­ness of order and affirmative life pattern, and eliminating distrustful consciousness.

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