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      • KCI등재
      • SCIESCOPUSKCI등재
      • KCI등재

        환경행정에 있어서의 주민투표와 정보공개제도

        박효근 한국환경법학회 2002 環境法 硏究 Vol.24 No.2

        A referendum system is not intended to nullify the indirect democratic system of representation but to enhance and improve the latter s effectiveness. It does connote all kinds of inherent problems. It can cause residents to decide illogically to remove the good aspect of a representative system and to be unnecessarily concerned. It can bring about administrative confusion by the misuse of votes. And although it provides a way for the executors of the referendum to tackle issues head-on, it may provide a means for the head of local government and local assembllymen to evade responsibility. On the other hand, a referendum system has advantages that residents, as the ultimate rulers of the local administration, can take part in the local administration, adress problems and any opposition for themselves, make a law concerning major issues, and call to account a law that they passed. It also allows residents to improve concern for local autonomy, to bring about effective political education, and to advance residents elementary political knowledge. As mentioned above, the referendum system has merits and faults at the same time. Therefore we cannot draw a conclusion about the definite value of the referendum system. If the system has advantages, it also has its week points. And if anyone wants to abuse the system, he or she can abuse it. In any case, we introduce a direct democratic system to compensate for the faults of an indirect democratic system, the discontent of the administration and the politics of an indirect democratic system. It is a problem of how well we can use the functions of a referendum system. When we examine the application of the referendum system by other countries, we can see that each country enforces the referendum uniquely and specifically. For example, in the United States, an administration area or local government charter must execute a referendum for any important articles. So, the United States is called a country coercive about referendum . In Japan, there are two systems. One is formal referendum; the other is a practical referendum. Of the first is the constitutional referendum of regulations. Also in the case of other countries, the referendum system is alive and well. However, in the case of Korea, referendum awareness has been insufficient up to the present time. These days, one of the rules of local government is about the introduction of referendums, Article 13-2. But some necessary laws are missing. A country that makes the pertinent law of refemdum must consider several things: the basic purpose of the referendum and the laws pertinent to the referendum process. First, residents have to have a sense of mastery and responsibility because they are the primary subjects of local govemmnt. Second, since the local assembly in a democratic system is a fundamental institution of local government, it must unify and mediate the needs of residents actively and with diversity. Third, since the referendum system allows room for abuse, the prod& system has to be repaired and information must be open. Fourth, Articles that clearly define and include the legalization of referendum, referendum object, referendum procedure, referendum initiative and referendum force are necessary. Fifth, the referendum laws should produce articles of a general nature; it is reasonable to entrust free judgment to local governments concerning more specific articles. And the opening of information, under the recognition that administrative information is not the private property of the government office but the public property of citizens and the government office, includes both sides, the opening of information and public relations. The one is the side that the government office admits its duty to respond in such a case as citizens ask for the opening of information. The other is the side that government office positively provides information for citizens. To build a free and rich society, the opening of information will have to be developed into the following direction. Firstly, the law system of the opening of information has to be established. Secondly, administrative public relations must be performed in the stage of decision-making, not in the stage of policy implementation as a means of obtaining citizens cooperation. So to speak, for the realization of ideals of the true citizen participation, citizens right for opening of information must be guaranteed and a more positive information supply should also be ensured. Thirdly, the management of official documents and data should be improved to be proper to the goal of the opening of information. And finally, civil servants and citizens behavior on the opening of information must be led to become positive toward the opening of information through local administration and experience education in the real training field.

      • SCIESCOPUSKCI등재
      • KCI등재

        칼뱅 종교개혁과 민중규율화의 실체 : 1555년 주네브 컨시스토리 회의록을 중심으로

        박효근 한국서양중세사학회 2018 西洋中世史硏究 Vol.0 No.41

        주네브 컨시스토리는 엄격하고 강압적이며 비타협적인 칼뱅 종교개혁의 성격을 입증하는 대표적인 상징으로 여겨져 왔다. 그러나 칼뱅 시대 컨시스토리 회의록에 나타난 컨시스토리의 운영과 이에 대한 민중의 대응을 직접 관찰해보면, 칼뱅에게 꼬리표처럼 따라다니는 ‘신정정치’라는 별명은 칼뱅 종교개혁의 성격과 내용을 오해하게 만드는 지나친 용어임을 알 수 있다. 오히려 컨시스토리 회의록 속에서는 인간이란 율법에 맞춰 살 수 없는 존재지만 그럼에도 불구하고 개혁을 중단할 수 없다고 여겼던 칼뱅의 본심을 접할 수 있다. 본고는 정치적 급변 이후 칼뱅이 주네브에서 실권을 잡았던 1555년의 컨시스토리 회의록을 분석하면서 컨시스토리와 칼뱅 종교개혁에 대한 세간의 경직된 인식을 재고하고자 시도하였다. ‘칼뱅의 주네브’ 시작의 원년이라 여겨지는 1555년의 컨시스토리 회의록에서도 여전히 주네브 사람들은 도박에 빠져 있거나 가족들과 심각한 갈등을 빚는 등 교화되지 않는 모습을 보였다. 나아가 주네브로 유입되는 수많은 사람들의 존재는 다양한 사회적 갈등을 만들어냈다. 1555년의 컨시스토리 회의록은 우리에게 주네브의 민중규율화는 설득에 기반을 둔 점진적인 행위였으며, 일부 주네브 민중들은 종교개혁의 지침을 자신의 방식대로 재해석하여 새롭게 적용하기도 했던 적극적 수용자였음을 보여주고 있다. The consistory of Geneva has been considered as a representative symbol of the rigorous, coercive and intransigent nature of the Calvinist Reformation. However, if we look directly at the operation of the consistory and the response of the people shown in the registers of the consistory at the time of Calvin, the nickname "Theocracy" that follows Calvin like a tag is an overt word that misinterprets the nature and contents of the Calvinist Reformation. This paper attempted to reconsider the rigid perceptions of the consistory and the Calvinist Reformation by analyzing the registers of the consistory especially at the year of 1555, which was considered the first year of the start of 'Calvin's Geneva'. Contrary to expectations, the behaviors of the Geneva people were far from perfect, which seemed to be undisciplined in many respects. The registers of the consistory in 1555 tell us that the discipline of the people was a gradual process mainly based on persuasion.

      • KCI등재

        행정대집행제도의 문제점 및 개선방안

        박효근 한양법학회 2019 漢陽法學 Vol.30 No.2

        Administrative vicarious execution refers to the enforcement of executive jurisdiction in which the obligor does not fulfill the obligation of alternative duties imposed by laws or administrative acts, and the disposition agency itself or a third party realizes its obligations and collects the expenses from the obligor. Concerning the calculation of expense of the Administrative vicarious execution, it is required to establish concrete and reasonable standards to guarantee the transparency of the execution of the business in relation to the method of cost calculation and the scope of the actual cost. And It is reasonable to consider that it is necessary to accept the principle of executive suspension in the administrative litigation as in the case of Germany in terms of expanding the right of people 's rights relief. In addition, unexpected damage can occur in the process of exercising the ability when the duty is resisted in the execution process of the administrative vicarious execution. Such a post - repressive manner is unfavorable to human rights and debates public confidence in administration. Therefore, it is necessary to restrict the exclusion of the inevitable minimum resistance by obeying the principle of proportionalism, since direct competence of the obligor is entering the stage of direct compulsion beyond the limitation of administrative vicarious execution. Finally, in the selection of administrative compulsory means, the discipline centered on individual laws may lack a systematic link between individual enforcement mechanisms. Through the general law regulation governing each compulsory enforcement means, Clear rules for the interrelationships and priorities or selection criteria of individual enforcement instruments need to be presented. However, even if there is no grounds for enforcing in the individual laws, enforcement through general legal grounds may still result in the infringement of the rights of the people. Therefore, in the case where there is a specificity to be disciplined in the individual laws, it seems reasonable to supplement the general law through special regulation in individual law.

      • KCI등재후보

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