세계화(世界化)를 위한 지방자치단체(地方自治團體)의 정책방향(政策方向)과 도민(道民)의 대응(對應)

조문부 제주대학교 법과정책연구소 1995 法과 政策 Vol.- No.1

공명선거 정착을 위한 정당의 기능과 역할

조문부 제주대학교 지역사회발전연구소 1996 제주리뷰 Vol.- No.2

公明選擧 定着과 選擧文化 發展을 위한 政黨의 役割

趙文富 濟州大學敎 行政大學院 1996 濟行論叢 Vol.4 No.-

韓ㆍ日における西歐文化と 西歐的 官僚制の受容比較(Ⅱ) : A study on the Acceptance of Western Culture and Bureaucracy in Korea 韓國における西歐文化と西歐的官僚制の受容

趙文富 제주대학교 1984 논문집 Vol.22 No.2

韓國에 있어서의 基督敎와의 接觸은 16~17世紀에 日本 或은 中國을 通해서이며 18世紀부터 基督敎에 對한 彈壓이 始作되는데, 繼續되는 彈壓속에서 1831 年 韓國敎區가 獨立되고 1836年 모빵(Pierre p.maubaunt)이 最初의 西洋人神父로서 入國하게 된다. 以後 1876年의 開港期까지 迫害가 反復되는 가운데서 信徒數가 불어나게 된다. 한편 프로테스탄트敎는 條約締結을 기다린 後 正式으로 入國해서 醫療活動, 敎育活動等의 事業과 竝行해서 傳敎活動을 펴나가는데 20世紀初에 이르러서는 全國的으로 敎勢가 擴張되었었으나, 社會改革의 努力으로 成熟되지 못한채 日本의 植民地化하게 되어 西歐思想의 基盤을 構築하지 못하게 된다. 基督敎思想以外의 西歐思想 또는 西歐의 制度와 接하고 이를 受容하게 되는 契機가 된 것은 1876年의 韓日修交條約, 1882年의 韓美修好條約等이었다. 이를 契機로하여 日本과 美國에 修信使, 使節團等을 派遺하게 되고 이어 英國, 獨逸, 로시아, 佛蘭西等과도 修交를 하게 되어 西洋의 文物과 接하게 되었다. 그러나 當時의 支配勢力의 事大主義的 保守的 性向으로 말미암아 主體的·積極的으로 西歐의 思想과 制度를 受容할 體制를 갖추지 못하였었기 때문에 主로 日本의 强壓에 의하여 被動的으로 日本을 거친 「重譯文化」 或은 「他人의 손을 거친 것(the second hand)」을 受容할 수 밖에 없었다. 그래서 나타난 受容現象이 甲申政變(1884年), 甲午更張(1895年)이었다. 이것은 思想의 受容이 前提되지 않은 形式的 制度만의 受容이었을 뿐만 아니라 게다가 그것도 外生的(exogenous)인 것이어서 結局 植民地化에 利用되고 말았다. 그러나 1896년에 獨立協會를 創設하며 自由·平等과 自主獨立의 思想을 鼓吹시키는 한편 政治的·社會的인 制度의 改革을 推進하여 民主主義國家를 建設하려던 運動은 비록 外勢의 干涉과 沒知覺한 支配層의 壓力에 의하여 失敗하고 말았지만 韓國의 近代化過程에서 높히 評價하여야 할 西歐文化의 受容 現象이라고 할 수 있을 것이다. 日本의 例에서 보는 바와 같이 近代化의 推進에 있어서는 支配勢力의 政治的 權力을 背景으로 한 官僚制가 그 主體가 되어야 한다는 것이 東洋에 있어서의 發展論理의 一面이라면 韓國에 있어서도 西歐的 官僚制의 受容 過程을 注目하여 보지 않을 수 없을 것이다. 第 二次世界大戰前에 있어서의 韓國의 官僚制의 受容은 日本의 强壓的 內政干涉에 의하여 推進된 甲午改革에서 비롯된다고 할 수 있다. 卽 1984年 6月 28日에 軍國機務處에서 議決된 「議政府官制案」에서 發端되고 洪範14條에서 官僚制的 要素가 發見된다. 이들에 의한 官僚制의 體制로서 制限君主制的인 國王下에 國王-議政府會議(內閣)-總理大臣-各衙門(各部)의 大臣-同協辨(次官 및 總務局長兼)-同參議(同局長)-同主事(副局長 또는 課長) 等의 系統制의 形態를 갖추고 있을 뿐만 아니라 行政權의 分權化가 이루어지고 命令系統과 責任所管事項이 確立되었다. 그러나 이들 官僚制는 元來 被動的으로 이루어진 것이기 때문에 植民地化에 利用當하는 結果가 되어 近代化 推進의 母體가 되지 못하였다. 第二次大戰後는 數次의 政變을 거치는 동안 第二共和國時代를 除外하고는 大統領制의 政府勸力構造下에 政變이 있을 때 마다 改正되는 憲法에 따른 政府 組織法의 改正과 國家公務員法 改正이 있었는데, 現行國家公務員法은 日本의 國家公務員法과 여러 面에서 다르지만 最初의 國家公務員法은 弟一次 改正(1949年)後의 日本의 國家公務員法을 模倣한 것이었다. Contact with the Christian Religion in Korea began in the sixteenth century through Japan or China, and under continuous oppression from the 18th century. The Korean Parish became independent from Peking in 1831, and the first Western Catholic Priest, Piere P. Maubaunt, came into Korea in 1836. After the Korean Ports were opened to outsiders, and upon the conclusion of a treaty, Protestants came into Korea and spread out engaging in Christian mission work, including medical activities and educational activities. But because the Western values based on Christian Religion could not contribute to the thought of social reformation in Korea, it could not keep Korea from becoming a colony of Japan. It was after the conclusion of the treaty of friendship between Korea and Japan in 1876, and the treaty of friendship between Korea and America in 1882, that contact with broader Western thought and institutions really began. By this time Korea had concluded treaties of friendship with England, Germany and Russia, and had dispatched missions of friendship to America and Japan, and so was in contact with Occidental civilization. But because of the conservative disposition of the submission to the stronger influence of China as a ruling force in Korea, making the system unready to accept Western thoughts and institutions independently and positively, Korea would have to accept passively "the second-hand culture" or "the retranslated culture" through Japan through Japanese coercion. This coercion of the acceptance phenomena was manifested by the Kapshin Coup d'etat in 1884 and the Kapo Reformatin in 1895. Not only were they an acceptance of formal institutions without the acceptance of institutional values, but they were also an extraneous acceptance, since they were used in the colonization by Japan. But, on the other hand, the reformation movement that established the Independence Society in 1896 intended to inspire the values of freedom and equality and the spirit of independence, and to build up a democratic nation by propelling the reformation of political and social institutions. It may be said to have estimated highly the acceptance phenomenon of western culture, although it failed due to the interference of foreign powers and the pressure of the ruling class, which lacked in discretion. If it is the general theory of development in Asia, as seen in the Japanese example, that in propelling moderniation the bureaucracy with a background of political power must be the agent for development, it is necessary to note also on the course of the acceptance and the process of adaptation of western bureaucracy in Korea. It is said that the acceptance of western bureaucracy in Korea before World War Ⅱ began from the Kapo Reformation propelled by the coercion of Japan. That is to say, it began from the proposal of the governmental bureaucracy decided upon by the Military National Administrative Office on June 28th 1894, and bureaucratic factors can be found in Article XIV of the Constitutional Norm. By these, the bureaucratic systems prepared the type of hierarchy, the decentralization of administrative power, the Command system and matters under the jurisdiction of responsibility, etc. for establishment. But because this bureaucracy was primarily established passively, becoming the means to be used in the colonization by Japan, it could not be the fundamental system to propel modernization. After World War Ⅱ, through several periods of political reformation, the Constitutional Law was reformed and, accordingly, the Government Organization Law and National Civil Servants La were reformed also. The first National Civil Servants Law was established by imitating the Japanese model, but the current Law of Korea is different from the Japanese Law in several important points.

公害의 公法的 規制 : 大氣汚染의 規制

趙文富 제주대학교 1973 논문집 Vol.5 No.-

I. Definition of air pollution (1) Definition The term "Air pollution" is defined by WHO and Engineers Joint council, and defined some extent by Law on prevention of public Nuisances. By these, "Air pollution is said phenomenon to be the condition that in some area there are many on a unit capacity as the extent that dust, fume, gas, mist, offensive smell, etc., pollution material in air inflict an injury on man's health and sanitation, and man's fortune, animals and plants, and their raising circumstances having close connection with man's life. (2) History and cases (a) History of air pollution History of air pollution, naturally, sets about with discovering the fire. But After Industrial Revolution the rapid economic growth, the rapid growth of machine civilization and the rapid growth of heavy chemical industry achieved in recently years has resulted in the so called environmental pollution of air which has become a serious social problems today. (b) The cases of air pollution ① The London Smog of December, 1952 ② Air pollution in Donora, pa, 1948 ③ Air pollution in Meuse Valley of Belgium, 1930 ④ The others: Air pollution from Consolidated mining and Smelting Company of Canada, etc. II. Factors of Air Pollution and its effect (1) Factors of air pollution ?? gases ① SO₂: from fuel and harm from 10ppm ② CO : from incomplete combustion ③ CO₂: from population and factory ④ H₂S: from oil refining etc ⑤ NO₂: from combustion of fuel ⑥ Pb : from gases of vehicle exhaust ⑦ CH₄: from natural gases ⑧ Vehicle exhaust ?? Aerosol ① dust : from naturally or industrial activities ② fumes : from combustion etc ③ mist : from steam ④ smoke : from combustion or dry distillation (2) Effect of Air pollution (a) On harming body ① on unpleasant feeling ② on health (b) On animals and plants (c) Natural environment III. Present condition and the future prospect in Korea (1) present condition of air pollution in Korea Korea has been suffering from steady pollution along with the steady enforcement of industry as a first principle under a decisive economic policy since 1961. Eventhough the air pollution of Seoul has occupied the top rank in the world, the air pollution in Seoul has already reached the degree of 5 to 10 times over the W.H.O's Maximum Allowable Level, and at this juncture, the problem is too serious to be unconcerned, no comprehensive countermeasures have been made as yet due to deficit budget of the Ministry of Health and pollution continues. Therefore, it is felt absolutely necessary to contemplate a strong, yet immediate legal measures(control by public law) to prevent such air pollution. (2) The future prospect of air pollution in Korea when we presume the air pollution in Korea by the amount of consumption of fuel, the amount of exhaust of SO₂in 1981 will be reached 1,438,109 ton, NO₂, 1,299,600 ton, CO, 1,057,000 ton and CH₄360,100 ton. IV. The necessity of control by public law for air pollution (1) The limitation of judicial relief measures It is impossible to relief every damage by judicial measures, because of generalization of air pollution, because judicial measures have to need long time, and air pollution occures continuously and rapidly, because air pollution problem is complex and technical, and it needs expert and technical knowledge to inquiry the cases and effect of air pollution, and because judicial measures is impossible to prevent air pollution beforehand. (2) The necessity of control by administrative law for air pollution For air pollution, it is necessary to prevent beforehand, and to prevent beforehand air pollution it is more necessary to control by administrative law than by judicial measures. V. The measures by public law for air pollution (1) Legislation for air pollution in foreign countries (A) England ① Alkali etc, Works Regulation act, 1906 ② Public Health act, 1875, 1936, 1961 ③ Chean air act, 1863, 1956, 1968 (B) United States of America ① Air pollution control District-APCD ② The national Environmental policy act, 1969 ③ Chean air act Amendments, 1970 ④ Control of air pollution from Motor Vehicles control of air pollution from New Motor Vehicles and New Motor Vehicles Engines, 1966 (C) Westr Germany ① Gewerbeorhnung, 1869, 1961 ② BGB. § 906, 1966 ③ Luftreinhaltegesetz, 1960 ④ Gesetz uber Vorsorgemassnahme zur Luftreinhaltung, 1965 (D) France ① LOI du 19 decembre 1917 relative aux etablissements dangereux, insalubre ou incommodes ② LOI n˚61-842 du 2 aout 1961 relative a la lutte contre les pollutions atmospherique et les odeures et portant modification de la loi la decembre 1917 (E) Japan ① Basic Control act, 1667, 1970 ② Criminal nuisance punishment act, 1970 ③ Natural park act, 1957, 1962, 1970 ④ Pollution Control Expense Contribution Act, 1970 ⑤ Air pollution Act, 1968, 1970 ⑥ Road Traffic Act, 1960, 1970 (2) Air pollution control legislation in Korea ① Law on prevention of public nuisances. 1963, 1971 ?? Objectives ?? Exhaust Allowable Standard ?? Permission and Report of Exhaust Facilities ?? Preliminary Survey ?? ex post facto order (a) Improvement order (b) Transfer order (c) Injunction order ?? Pollution control organizations (a) State and local autonomous organs (b) Pollution Control Deliveration Council (c) Environmental Hygienic Inspector (d) Pollution controller ?? Punishment of pollution ?? Pollution disputes ② Other control under the particular laws ③ It needs to enact the particular law as clean air act VI. Future problems on air pollution control (1) The problem of all national Development plan (2) Bureaucratism and Production-prioritism (3) The problems of city plan (4) expersive problem

日本官療制에 關한 硏究

趙文富 제주대학 1981 논문집 Vol.13 No.2

After Meiji, Renovation, establishing cabinet system under "Scheinkonstitutionalismus", Japanese bureaucracy was formed. It contributed to modernize Japanese capitalism by taking the initiative to industrial development policy and military industrial management. In Japan there was no base of European capitalism style, so Japanese bureaucracy must try to modernize Japanese capitalism with the strong power of an Imperial system and contributed to the formulation of her modermized nation. After World War Ⅱ, according to the proposal of National Public Service Law by Civil Service Division of GHQ, Japanese government established National Public Service Law. Because in this law the power of National Personnel Authority was strengthened and the labor power of public servants was limited, the democratic and efficient character of Japanese bureaucracy is argued. Japanese bureacracy after World War Ⅱ is functioning to make up policy-making under the influence of Japanese Parliament and accomplished econimic development and made up her country the great economic nation. I think the specific character of Japanese bureaucracy is the family system principle, lingisci system, sectionalism and specific characters in decision-making process. From now Japanese bureaucracy shall be solved the problems of harmonizing individualism and rationalism with collectivism on the base of Japanese collectivism and the problem of decentralization of power, specialization, democratization and efficiency progress In Japanese tureaucracy.

濟州道의 住民 資金에 의한 地域開發方案 : 投資誘致를 中心으로

趙文富 제주대학교 탐라문화연구소 1982 탐라문화 Vol.0 No.1

濟州道 地域開發과 地方行政의 役割

趙文富 濟州大學校 地域社會發展硏究所 1996 社會發展硏究 Vol.12 No.-

地方自治의 發展 方向과 展望

趙文富 濟州大學敎 行政大學院 1995 濟行論叢 Vol.3 No.-

지방자치와 지방정부의 활성화에 관한 연구 - 제주도를 중심으로 -

조문부,고창훈,권영호,이경원 ( Moon Boo Cho,Chang Hoon Ko,Young Ho Kwon,Kyung Won Lee ) 한국지방자치학회 1995 한국지방자치학회보 Vol.7 No.2

The purpose of the paper is to find out some particular charteristics of Cheju-islander`s political orientation in comparision with those of other areas in Korea and provide some useful alternatives in order to vitalize local politics and autonomy. More specially we are concerned with developing some operational alternatives for local government following our findings for Cheju. The experience of last several years since the era of local autonomy system shows that even though people of Cheju are interested much in the local problems they do not know how to get involve. In many times it results in irrational response to the issues. Finally it leads to the emotional resistence based on private motives. Another consequence is appeared in people`s political attitudes. Cheju people have shown quite different pattern of voting in the last several elections. The preferences of non-partisan candidates are strong in comparison with other local areas in Korea. What we found are people vote strongly based on the personal relationship and historical experiences. The have very weak partisan ID. In addition the historical incidents like 4.3 uprising and large scale development sponsored by central government for that only Cheju people have experienced make the people stay away any ideological stand. But it is ironical that people do not satisfy with the activities of non-partisan encumbents. Probably it shows that the choice of their non-partisan candidates is not calculated. Based on the findings, we suggest the ways we can vitalize the local autonomy and government. One is behavioral change to accomodate new system. It is necessary to learn how to govern themselves including decision making. The other is more structural. At the level we focus why people have an apathy to current parth system. We claim the change in partisan decision making in that we can expect more local-based partisan system. Also, we suggest the structural changes in terms of functions and duties of local government. Finally it is necessary not only to strengthen the authority and activities of local council but to allow more political role and responsibility of elected mayor and governor.