벤덤의 功利主義 政治思想

金泰希 東義大學校法學硏究所 1989 공공정책연구 Vol.5 No.-

「假登記擔保 등에 관한 法律」의 主要內容과 法理的 諸問題

孔淳鎭 東義大學校 法學硏究所 1988 공공정책연구 Vol.4 No.-

The Provisional Registration Security has been existed with the form of abnormal way of security in current practices of the business world. It was thought that in those days of establishing the Rules concerning the Provisional Registration Security, the regulation of reconciliation before instituting a suit was more desirable than establishing it. Because there were provisions like the articles 607 and 608 of the Korean Civil Code on the loans of consumption. And there were negative opinions in establishing it for the worry that it may decrease the utilization of mortage. But with the establishment of the Rules concerning the Provisional Registration Security, considerable questions disputed for a long time came to a settlement legislatively. The Rules concerning the Provisional Registration Security has the character of procedural law to embody the articles 607 and 608 of the Korean Civil Code and has the merit that plays a role of regulating a legal relationship reasonably between a person with the right of the Provisional Registration Security and the posterior creditors in case that the person with the right of the Provisional Registration Security executes a security right, Nevertheless, it leaves much to be disputed out of the person concerned because there are many problems in the legalistic sides as pointed out in the main discourse of this study and not provisions about the method of evaluating the objectives and regulating unfair evaluation. Besides, it imposes a clearing duty on a person with the right of the Provisional Registration Security and the clearing procedure is very intricate and so it comes to be difficult for a security holder to feel the contentment of credit with a simple method as before. And as a result that the Rules concerning the Provisional Registration Security attached weight to negative sides of the Provisional Registration Security in the legislative process and tried to protect the rights of a debtor and posterior creditors too much, the prompt and simple method of credit revulsion which was good points of the Provisional Registration Security was restricted greatly. So a vicious circle is expected that the utilization of this mechanism has a tendency to be evaded in private finance and a new abnormal way of security should be created by a creditor. Therefore it is necessary to find out the method that both a creditor and a debtor are satisfied simultaneously, while utilizing the simple method of credit revulsion which was a character of the past Provisional Registration Security. As pointed out in the main discourse of the study, the proper supplement counterplan should be devised legislatively on several problems in the legalistic sides of the Rules concerning the Provisional Registration Security as well as the reconciliation before instituting a suit and so a Right of the Provisional Registration Security should be developed into an independent right of security.

中央集權과 地方分權의 調和

金賢祚 東義大學校 法學硏究所 1988 공공정책연구 Vol.4 No.-

學問의 自由와 大學의 自治

河喆永,李東勳 東義大學校 法學硏究所 1988 공공정책연구 Vol.4 No.-

日本官僚制의 近代化過程에 관한 硏究

李順羲 東義大學校 法學硏究所 1988 공공정책연구 Vol.4 No.-

Chapter Ⅰ: Introduction Since the formation of the Nation-State as a result of the Meiji Restoration, Japan has achieved modernization through the roles of bureaucracy. In addition, Japanese bureaucracy has made a great contribution to the economic development after World WarⅡ. The purposes of this study are as follows : 1) there are many similarities in geographical, historical and cultural aspects between Korea an Japan. 2) Korea has pursued the model of Japan and prevents from trial and error in modernization (approach to practicality). Chapter Ⅱ : The forming and developing of Japanese bureaucracy For the purpose of integrating the past feudal system, a strongly centralized government was established in 1868. Japanese bureaucracy has undergone three stages of development. 1) The first stage (1867-1889) After Meiji Restoration, Japanese bureaucracy known as Dajokan was formed. All activities of the government were based on the Fukoku, i.e. the proclamation of the Dajokan, a kind of Imperial ordinance, and there was no low in the modern democratic sense. Criticism of the government and any movement for democratic right were prohibited by Imperial ordinances. The fact that most government officials were recruited from the former Samurai class contributed to the persistence of the old social status derived from a rigid feudalistic hierachy. Above all, the Civil Service did not have an open entrance examination system until 1887 : government offices before then were filled by members of several major clans which has contributed to the success of the Mieji Restoration. 2) The second stage (1889-1945) In 1889, through the promulgation of the Meiji Constitution, a limited monarchy modelled on that of Bismark's Germany was adopted. The Dajokan system was abolished and the Imperial House and the Cabinet were established. It may be added, however, that in Japan the tendency towards centralization was stronger than in Germany. The Imperial House, which was the legislative body, adopted a bicameral system : the House of Peers and the House of Representatives. Personnel administration was first established at this time. To open civil service examination were held for higher and lower grade positions. Both examination tested mainly the legal knowledge of the candidates, rather than their general education of administrative ability. Despite the introduction of a constitutional monarchy, a highly feudal character was retained during this stage. 3) The third stage (1945 to date) With the promulgation of the new Constitution in 1947, Japanese public administration underwent big changes. Since the constitution was based on the principles of democratic government and respect for fundamental human rights, public administration has to be adjusted both institutionally and functionally. In Personnel Administration, according to the proposal of National Public Service Law by Civil Service Division of GHQ, Japan government established National Public Service Law. Because in this law the Power of National Personnel Authority was strengthened and the labor power of public servents was limited, the democratic and efficient character of Japanese bureaucracy is argued. Japanese bureaucracy after World WarⅡ is functioning to make up policymaking under the influence of Japanese Parliament and accomplished economic development and made up her country the great economic nation. Chapter Ⅲ : The policy-making and bureaucracy in Japan There are two theories concerning of policy-making in Japan : One is power-elite theory, the other is multi-power theory. The institutions of policy-making in Japan are devided into three parts at the first glance. There are Government, Party(especially, Liberty-Democracy Party) and Congress(bicameral system). But, the coalition of Government and Liberty-Democracy Party is the most important roles in policy-making. The activities of Interest-group have grown up in modern society. In Japan, this appearance is taken as a matter of course. The roles of Interest-group become more important than any other times in Japan. Chapter Ⅳ : Behavioral Character and role of Japanese bureaucracy Japan was modernized by the acceptance of western culture and bureaucracy on the traditional culture foundation . It is not necessary to say that in the western system which were accepted in Japan, the Japanese bureaucracy played the important role in modernization of Japan. In 1885, the Japanese cabinet system was established on the constitutional foundation according to Prussian bureaucratic model. It is similar to Prussian bureaucracy in form, but different in substance and content. This cabinet system of Japan was set up to make the Emperor system the spiritual center, in order to exercise transcendentaly strong power of absolute monarchy that can not be found in order monarachies and to support the economic system of capitalism. After World WarⅡ under indirect government by the American Military Government, the Japanese bureaucracy had to be adjusted both institutionally and functionally. Now the Japanese bureaucracy after World War 11 was gradually traditionalized and its administrative methods were based on the traditional culture and spiritual foundation. And the result of this accomplished the system of specially excellent efficiency in productivity. Chapter Ⅴ : Conclusion There are many problems in Japanese bureaucracy, and one of most important problems is a harmony of efficiency and democracy in public administration. This problem is a very difficult one. Every modern state is searching for the solution, and Japan is no exception. Most of the important laws concerning public administration testify to both principles of efficiency and democracy, yet in practice these two principles are not in complete harmony. It is clear that the interest in and importance of Japan have grown in recent years. I think that this part should be studied more continuously.

家族間의 不法行爲로 인한 損害賠償請求權의 法理 : 比較法的 考察 Comparative study

曺日煥 東義大學校 法學硏究所 1988 공공정책연구 Vol.4 No.-

近代市民革命과 〈國民主權〉 : 프랑스 혁명을 中心으로해서

李宗律 東義大學校 法學硏究所 1988 공공정책연구 Vol.4 No.-

美國憲法上의 基本權保障制度

鄭然喆 東義大學校 法學硏究所 1990 공공정책연구 Vol.6 No.-

중앙집권과 지방분권의 재개념화

金英三 東義大學校法學硏究所 1989 공공정책연구 Vol.5 No.-

言論의 不法行爲에 대한 法的硏究

曺日煥,李東勳 東義大學校法學硏究所 1989 공공정책연구 Vol.5 No.-