改革의 法理

곽종영 순천대학교 사회과학연구소 1997 社會科學硏究 Vol.9 No.-

美國의 立憲主義가 우리 憲法에 미친 影響

곽종영,이금옥 순천대학교 지역개발연구소 1998 地域開發硏究 Vol.9 No.-

Having incrementally been grown and established from the ancient times through the modern times, the constitutionalism is defined as a method of government pursuant to 'constitutional laws' responsible of effective restriction of the sovereignty-governmental poser-and the exercise of it through rational division of the power to ensure freedom and rights of the citizens. The idea of constitutionalism in the United State has become as one of unique political heritages of the United State as a form combined with the extension of tradition of the British laws, the unique historical circumstances of the New World and the experiences during the colonization era after it crossed the Atlantic Ocean together with the Pilgrim Fathers. Regarded as one of the most useful models even after two centuries, it plays its roles of sources of power of persuasion and wisdoms not only for the American citizens but also the countries and their citizens around the world with different histories and traditions from those of the United States. American constitutionalism have a influence in Korean constitution through direct or indirect channels. The institutional systems of constitutionalism will be reviewed that have a influence in popular sovereignty, written constitutionalism, independence of judicial power, due process of law, and a basic principle with the fundamental rights as the central figure. And its will be studied that have a influence in American presidential system make a comparative analysis and draw up a suitable acceptance plan.

Recent Research News : Granzyme A induces caspase-independent mitochondrial damage

곽종영 생화학분자생물학회 2005 생화학분자생물학회 소식 Vol.25 No.2

자연의 법적 지위

곽종영,이금옥 순천대학교 사회과학연구소 1994 社會科學硏究 Vol.6 No.-

우리나라중부지방의 사슴사육실태

곽종영 한국양록협회 1993 양록회보 Vol.19 No.-

韓國 家族法에 關한 硏究 : -Considering the Equal Treatment in the Sexes-

郭鐘泳 順天大學校 1984 論文集 人文社會科學篇 Vol.3 No.-

The family system which is a warm nursery as well as a basic ground of formation of racial so ciety consciousness is requested the technigue that besides respecting the ancestor's beautiful mores and caustoms, it should embody between democratization and ratonalization which resulted from social changes. With the transmission confucianism, the Korean family law had been developed by the blood relationship of male line since Chu Dynasty of China and the royal family law of a large family unite system of paternal family line based on the marriage system with non-relatives. Since the Yi Dynasty fastened itself upon the Korean family system. But this contained the undemocratic factors to hinder the originality and developing of personality and to subordinate the famale standing to the male standing. Accordingly it must be the preconditions to carry out the democratization of family society for the democratiozation of Korean society and to carry out the democratization of the family system or the family law for the democratization of the family society. From such premises it should be the urgent matters to apprehend and analyze the undemocratic and irrational factors, and then to try to find the betterment ways. Now our nation, Korea has been up to the democratization and rationalization in consciousness construction, and to the individualization and scientific -minded in living ways of persons according to accepting the economic, social and clutural changes toward modernization. One of the noticeable changes of them is to have advanced the famale standing and the female social function. In spite of these facts since that time of 1958 that Korean family law was established, it has not been entirely liberated from the thought of the traditional royal family system of predominace of men over women. So the Korean family law consisted of the synthetic structure of both aspects of feudalistic and modern democratic. Besides the differential of thinking way between old and new generation in the real aspects is severe. Such transitional complexies and difficulties were the Korean social Phenomena as well as problems on the managment of law. However we couldn't stop trying to get rid of such problems. In the meantime the Korean family law had been somewhat revised several times. But the controversies of the problems of the family law were not throughly solved. Especially the women organization strongly proposed the revision of the family law which still contained the factor of the unequality of the sexes. However the failed to relaize the anticipated result. In this juncture we should try to find out the rationalizaton and democratization in accordance with the views of harmonization between tradition and charges. In these analyses through the process of revision, while the pure relation of status has a strong tendency to still keep the traditional living ways, it tends to maintain the nuclear family and to wipe out the idea of the unequality of sexes in the economic aspects. Then while the economic development and the unclear family system are breaking the traditional family system, however the traditional human touch of Korean has a beautiful aspect not to give up the homesickness of family harmozization as well. In spite of such facts the effort for the demorcratization based on the equality of sexes has not been stopped. Of course our effort for democratization of family law is necessary but it should not depend on the benefit or feeling of certain layer but on the sincerity and fairness. And the estrangement between law and reality must not be severe. As the efforts for this, I would like to get the various examples of legislature of many nations. And I attempted to weight the public opinions of people by means of questionnaire. The analyzed outlines in each field show followings; The first, the part who wants the present unequality of sexe within the scope of realtives by marriage and blood realtives is superior. The second, in the system of head of family, the part who tends to leave the system itself to revise the contents tends to stand to each other in the relationship of master and man. The third, the thought that the marriage of the same surname and the same family orign should be relied on the far degrees or customs is gradually being changed. And the thought that the consus registration of married couple should depend on male regislation is absolutely dominant. And the thoughts that the place to live together should be decided by discussion, and that the surname of married couple should be followed to each independent own family name are predominent. And the thought that the living expenses of married couple should do common payment is general tendency. The fourth, the thought that the property of married couple must be independently managed, but the property which the couple earned in the period of marriage should be common possession is general. The fifth, in the time of divoce, the thought of the right of claim of property ditribution should be recognize is also general. And the paternal authoirity of divoced couple stipulates to follow the agreement couple, but in case of no-agreement, the father should exercies the parternal authourity generally, but the obdience of court decision more desirable. The sixth, the thought that adoption system is not essentially needed has been changed. The seventy, the opinion, in the succession, to solve the differential between man and woman is dominant. And also a wife wants to be treated equally. The mentioned attitudes above of many national along with examples of legislature have to sugest the useful basic grounds in order to be good family. In the long run the family law should carry out the rationalization and democratization on the base of the eqality of sexes, but should try to arrive at the harmonization point to respect the tradtion and customs considering the consciousness of people and social phenomena.

기초의과학연구센터 -암 분자치료 연구센터-

곽종영 ( Gwag Jong Yeong ) 생화학분자생물학회 2003 생화학분자생물학회 소식 Vol.23 No.3

國民主權論

郭鍾泳 順天大學校 1983 論文集 人文社會科學篇 Vol.2 No.-

The popular sovereignty theory which is one of the most important in the principles of modern constitution and one of the requisite elements in the realities of the democracy was theoretically established by Althusius, Lock and Rousseau. Ever since some of nations began to prescribe it their constitution, nowadays there are very few nations that have not adopted it almost without exceptions. The study of the meaning and nature of the principle itself which consists of its origin of national power and the basis of legitimacy is important but the most important is how to actually carry it out in accordance with theory. The sovereignty have been realized directly by the people as its subject has been evaluated as the most reasonable practical form, however the indirect exercises of sovereignty through the representative system according to complexity and pluralism of society has been adopted and realized as well. Apart from actual efficiency to the representative system, with the weakening of the reflection of people will through representatives, the criticism and amelioration methods in the representative system have been continously discussed. At first the supplementary realization methods to be able to improve the principle of popular sovereignty as well as the representative system are to have been studied, which as the effective devices, are related with the system of political party, the principle of the rule of law, the protection system of fundamental rights, the system of election, the system of local autonomy, the systems of professional public official, the system of petition and the system of constitution committe etc. Af sccond with the addition of direct democracy and the introduction of semi-representative system, the right of proposition, the voting right, the summon right. the meaning of referendum should be reaffirmed so that the will of people may be extensively reflected in the national administration. An attitude that by doing so the freedom and right of people can be protected from the restriction of government is passive thought, but furthermore the positive thought is an attitude that the direction and decision of the desirable national administration as well as the supervision of public officials and representatives and the calling them to account should be exercised as the basic principle of popular sovereignty.

立法者의 不作爲와 그 救濟

郭鐘泳 순천대학교 사회과학연구소 1996 社會科學硏究 Vol.8 No.-

統治行爲와 司法審査

郭鐘泳 순천대학교 사회과학연구소 1995 社會科學硏究 Vol.7 No.-