http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
- 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
- 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
RISS 인기검색어
- 검색키워드
- 저자 : 박용철(Yong Chull Park) (검색결과 9 건)
- 무료
- 기관 내 무료
- 유료
-
-
-
朴龍喆 慶北大學校 師範大學 地理敎育科 1967 敎育硏究誌 Vol.7-8 No.-
In modern states almighty right to freedom, keeping individual activities free from interferences of the state quickened the progress of capitalism based on the private property and the free competition. Furthermore it brought forth social wealth and prosperity. Meanwhile capitalism came to reveal its contradiction, followed by unemployment and poverty. In situation like this, human right are changed to put stress on economical field rather than political, equality rather than freedom, and social security rather than non-interference. Therefore it is widely known that a modern constitution must contain both right to freedom and right to existence. Today the claim for the right to life is the fundamental human right, which is neither an abstract conception nor a vague slogan, and it actually constitutes the leading idea for the present law and politics. Three main issues are as follows: (1) The conception of the right to life and trend. (2) The idea of the right to life. (3) The position and feature of the right to life under the civil law. Doing the research on the issues mentioned above, this article aims to find out what position, what feature, and what role the right to life has, which keeps a special form of right under capitalism, or in other words, to examine the structure and the character of the Idea of the right to life and to describe its problems.
-
박용철 慶北大學校 1969 論文集 Vol.13 No.-
The natural law is the basic rule of everyday life derived from the human rationality. It is not merely natural rule about human beings. It is rather moral principle which aims to realize human as human. The idea of natural law doesn't belong to one scholar's ideology, but it functions as real power on various fields of social life. Therefore, the idea of natural law will be especially emphasized when the disruption of powers takes place in social life and conflicts each other, and when the differences between reality and ideal are strikingly obvious owing to the prevailing social evils, For example, to obtain a peaceful settlement to the problems of social itself and of labor in modern society, we must rely on the idea of natural law. Moreover, the claim that the proletarians should be provided to live as a human is the expression of it. The natural law thus provides the reformative basis at any time. Among various traditional theories of natural law, some were rejected; some were changed; some survivet and reaches to these days. But the natural law can not be understood as law but it should be recognized as an idea, especially as a conception of law. There was restoration of natural law particularly in Germany after World War Ⅱ. It is acceptable that this restoration was due to the law scholars who reconsidered that the legapositivism contributed greatly to the severe reign of Nazism. We saw the horrors of war and tried to relize the faults of it. Thus we now ardently hope for permanent peace and stability, and the natural law emerges again to meet this situation. In this thesis the writer examines the theories to form the natural law and the changing processes of it. Again he attempts to consider the nature of modern natural law according to the following contents: Ⅰ. The basis and the function of the natural law. Ⅱ. The task of the natural law theories Ⅲ. The nature of modern natural law. 1) Germany 2) France 3) England and America Ⅳ. Restoration of the natural law
-
朴龍喆 慶北大學校 1971 論文集 Vol.15 No.-
The predominance of positivism in the latter half of the 19th century resulted in the decline of natural law. It consequently brought a threat to the peace of mankind along with depersonalization. As a result, the scholastic's traditional concepts of natural law from the medieval age reappeared as Neo-Thomism in the beginning of the 20th century. The conflict between natural law nad positivism, and their ascendancy or decline has depended mainly upon the social and political situations. Apparently, however, natural law has its root in human reason. It is the basic principle of human life for fulfilling human instinct. Therefore, it is not a mere law of nature but an ethical law which leads man to a realization of his own reason and to an accomplishment of the law of nature. Because of this quality of natural law, it performs its creative function as an actual power in every area of social life and not as a mere ideology of scholars. Natural law has been emphasized in times of division and conflict in social life, or when a wide difference between social realities and ideals has occurred owing to great social corruption. For instance, the war crimes proceedings after the Second World War applied the concepts of "humanity" and "demand of public conscience" to war criminals, and the values of humanity, justice and conscience were the criteria for judgement. In brief, natural law shown in the above case indicate la renaissance du droit naturel in modern law. The universal trend toward the revival of natural law is a representation of religious behaviour as an idea of law, and is motivated by the crisis of law. Here I tried to give a general view of the conflict between natural law and the positivism of law, and the cycle of their ascendancy and decline; to examine such questions as "Why did natural law have to be revived?" and "What were the problems in the revival of natural law?"; and especially to clarify how the concepts of natural law have changed.
-
朴龍喆 慶北大學校 師範大學 地理敎育科 1965 敎育硏究誌 Vol.3 No.-
In the system of Power of modern countries, Self-Government is in need of Self-Control. And it also has been developed, meeting the needs of democracy. Accordingly on democracy is based the political principle of modern countries. Local Autonomy is nothing but Democratic politics into practice by the way of democracy, it is, so, needless to say that Local Autonomy is the cradle of Democratic politics. New missions have been given to Democratic politics by Local Autonomy, and Local Autonomy is playing an important part in making these missions develop constantly. Therefore, it is said that upbringing and development of Local Autonomy are a short-cut to Democratic politics and a measure for Democratic politics. And only to carry out the principle of Local Autonomy is a fundamental precondition for the fulfillment of Democratic politics. Both in theory and in practice, many problems on the relation between Democratic politics and Local Autonomy are shown, but in this thesis, after "What steps of growth and changes Local Autonomy has had in an advanced country, America." and "How the system of Local Autonomy is now in America." are studied, some comparatively important items among the systems of Local Autonomy in America are also studied here, to plan what type of system the future Local Autonomy of Korea should be: Local Autonomy in America 1) Historical development of Local Autonomy 2) System and function of Local Autonomy corporation 3) Local Finance 4) Relation between Local Autonomy corporation and State Government and Federal Government; 5) Central Control
-
朴龍喆 慶北大學校 師範大學 1970 敎育硏究誌 Vol.11 No.-
Modern rational and individualistic thought of natural law has been declining since the last half of 18th century, and positivism had already reached its zenith a half century ago. To fill this intellectual vacuum, the traditional idea of natural law, the traditional philosophy of scholasticism both recently and in Middle Ages, has reappeared in Europe as Neo-Thomism and is currently prospering. The natural law is the principle of morality and an idea of public order in social life based on the nature of man as a creature of God. Those who have ordinary reason recognize moral commands from conscience to do what is good, to do what is just, and to avoid evil. Neo-Thomism developed from the theories of Thomas Aquinas. According to Aquinas, all artificial law is based on the natural law, and the natural law shares in the eternal law: it is based on God, the ultimate purpose and the first cause. Natural law is the command of natural reason and originates from the principle of doing good and avoiding evil as reason instructs. Existance and good and truth are all the same one because all being is virture itself as long as it is fitted to true nature. The purpose of law and society is to bring about the common good, and its functions are to preserve the order of society and to seek the greatest happiness as its outward aim. The former is for public welfare; the latter for eternal common good. The common good is superior to the private good when they are both of the same type. But the private good is superior to the common good when the latter belongs to the earthly good and the former to the eternal good. Therefore, this common good is the purpose of law and society. Considering the relation of the natural law, the common good and justice, justice is the idea of law, the common good is its purpose, and the natural law contains both of them. Therefore, Neo-Thomism can play a role as a most suitable and enduring philosophy in the critical circumstances of the modern age. In this paper the writer will discuss these five aspects of Neo-Thomism: 1. Human Nature 2. Law and Natural Law 3. The Common Good 4. Justice 5. The Tasks of Today
-
朴龍喆 慶北大學校 師範大學 地理敎育科 1970 敎育硏究誌 Vol.12 No.-
A modern nation is a nation of public welfare and of public service, one that is expending the sphere of its activity to the point of becoming a public welfare state. However, owing to this expansion of national activity, individual property rights are frequently infringed. This property right infringement cannot be ignored in the liglt of the modern concept of right. Therefore, the far-reaching national compensation system has inevitably been inclined to develop greatly. A specific property right is used for a specific public benefit. This raises the question of adjustment between the promotion of public welfare and private property rights, and, especially, it raises the problem of compensation by the country when a private property right is infringed upon by the exercise of legal civil rights. In this paper the writer wants to discuss these problems by means of the Korean Constitution, Art. 20, Clause 3, and the law of expropriation of land. Furthermore, he wants to discuss what "just compensation" means, the basis of compensation in accordance with the reason for compensation, the idea and the problems of the compensation system as outlined in the following way: 1. The function of the compensation system; 2. The actions responsible for the losses which is to be compensated; 3. The basis for the compensation of losses; 4. The basis for compensation in the actual law: 5. The basis for compensation and its content: a) just compensation; b) the basis of compensation; c) the content of compensation; 6. The idea of the compensation system and its problems. Considering the above, compensation is prescribed in the Constitution; the law of expropriation of land, which is a general law dealing with procedural matters, provides for a balance between the value of an expropriat's property before and after the "taking", promoting adjustment between the public welfare and individual property rights. Claims for compensation require a clear foundation in law, because the purpose of the present system of compensation which is prescribed in the Constitution is to balance public interest and private profit, and the law itself provides the procedures for this. Therefore, the adequacy of compensation in the field of responsible civil rights is the problem to be solved. At present, just compensation is adequate for "besonderes offer" which requires compensation in the light of the idea of the equality of public responsibility. If the present laws are not sufficient for solving problems concerning compensation, legislation should be enacted to accomplish this goal.
-
地方自治의 比較制度的 考察 (Ⅰ) : 英·美 兩國의 地方自治制度를 中心으로 mainly, the Local Autonomy system of England and U.S.A.
朴龍喆 慶北大學校 1965 論文集 Vol.9 No.-
The principle of politics of modern countries is based on democracy, and the local autonomy carries out the democratic politics through democracy. Accordingly, it may be said that local autonomy is the birth place of the democratic politics, bestowing new missions to the democratic politics, and developing it endlessly. Therefore, we may say that the development of the local autonomy is the short cut and the measurement for the democratic politics. And the practice of the goal of the local autonomy will be the fundamental premise of the democratic politics. However, the relation between the democratic politics and the local autonomy includes too many problems theoretically and practically to treat here. So the present thesis will be focused on the comparative study of the local autonomy systems in England and U.S.A, which, the writer believes, is inevitable for the making of a suitable plan for the future Korean lacal autonomy, taking into account the Korean local autonomy system in the past days. The writer will make a comparative study of English and American local autonomy systems in the present thesis, "The Comparative Study of Local Autonomy System (Ⅰ)" which is to be folowed by "The Comparative Study of Local Autonomy System (Ⅱ)" in which the comparative study of German and France local autonomy systems will be made, and, furthermore, the planning for the future Korean local autonomy system will be done in consideration of the Korean traditions, national characters, and economic, social, cutural circumstances. The content of "The Comparative Study of Local Autonomy System (Ⅰ)" is as follows: 1. Local Autonomy in England. 1) Historical Development of Local Autonomy 2) Structure and Function of Local Autonomy Corporation 3) Committee Systm 4) Finance of Local Autonomy Corporation 5) Central Control 2. Local Autonomy in America 1) Historical Development of Local Autonomy 2) Structure and Function of Local Autonomy 3) Local Finance 4) Relation between Local Autonomy Corporation and State Government and Federal Government 5) Control
연관 검색어 추천
이 검색어로 많이 본 자료
활용도 높은 자료
