http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
高文炫 한국공법학회 2005 공법연구 Vol.33 No.5
It is said that the introduction of municipal police is indispensable to the perfection of local autonomy. This issue is not only election promise of president Roh Moo Hyun but also public commitment of Government party in general election in 2004. Therefore this issue is one of the most controversial issues in our country. For a long time the Korean Police have maintained the authoritarian and centralized national police system. Considering this condition, it is inevitable for this kind of police system to serve for the party in power, not for the people. Accordingly people, especially local grass-roots have become victims. But it is the basic obligation for local Government to put the police in the service of public peace and social order. Therefore it is quite natural that the introduction of municipal police is called upon to accomplish the political neutralization of police, decentralize police powers, and democratize police administration. At this juncture of introducing the municipal police into our country, this paper suggests directions as follows. First, it is desirable to adopt local municipal police on a level with the metropolitan autonomy body because of wide area of crime and uneven independence in financial condition. Second, it is very important to establish municipal police committees which keep neutral and fair. Third, it is necessary to give investigation power of crime to municipal police at least on the level of misdemeanor. Finally, it is required to allow each local government to exercise wide powers over its personnel management and budget administration of the police and for the State to provide financial support for local governments which are in bad fiscal circumstances.
獨逸에서의 環境保護 : 기본법 제20a조를 중심으로 Article 20a of the German Basic Law
高文炫 한국공법학회 2003 公法硏究 Vol.32 No.1
Rapid environmental degradation, due to near-sighted development, is now becoming a global concern. Protection of the environment is at the point of being a fateful task of modern states including Germany and Korea. There have been a lot of discussions over providing the protection of the environment among German scholars and politicians during the past 20 years and they provided that the protection of the environment is one of the purposes or goals of the state in article 20a of the German Basic Law of 1994. This article was amended with the insertion of protection of 'animals' in the 2002 revision of the German Basic Law. In this study we came to the conclusion that we cannot derive any kind of fundamental right from article 20a of the German Basic Law. This point is the most conspicuous difference compared to the form of environment fundamental right. Furthermore, making allowances for systematic conformity to article 1 section 3(The following basic rights are binding on the legislature, the executive, and the judiciary as a direct valid law) of the German Basic Law, lawmakers came to provide protection of the environment through providing that protecting the environment is one of the purposes or goals of the state in article 20a of the German Basic Law. Because abundant cases have not been accumulated on article 20a, so far, it remains to be seen what effect article 20a of the German Basic Law will bring about and how we can balance competing interests. But it is unequivocally true that article 20a of the German Basic Law will play a great role in making laws more ecological and environment-friendly.