朝鮮朝法典編纂에 관한 硏究(上)

羅用植 원광대학교 법학연구소 1988 圓光法學 Vol.10 No.-

違憲法令審査制

羅用植 圓光大學校 附設 法學硏究所 1977 法學硏究 Vol.4 No.-

美國에 있어서의 非常權力의 行使

羅用植 圓光大學校 1982 論文集 Vol.16 No.1

Ⅰ.Introduction This thesis have treated the exercise of emergency powers in U.S.A. and turns to government measures that may be employed in situation where preventive acton for national security has proven insufficient to curb a threat to the national seculity. The central guestion of first subsection is whether and to what extent the power of the governnent may expand in response to the danger that emergencies pose. The next subsection of this note will propose guidelines that should inform the use of emergency measures. It will also consider what the role of the legislative and judicial branches has been and should he in limiting the use of emergency measures and in minimizing interferences with individual right. A final subsection will examine specific emergency measures in order to make a tentative evaluation of the approprateness of each in dealing with specific types of disturbances. Ⅱ. Checks on the use of emergency 1. General guidelines. -The use of emergency measures in any particular situation must satisfy five sits of guidelines. First, there must in fact he anemergency situation. Second, a declaration of emergency should precede any use of emergency measures to restore order. Third, the particular measures must bear a reasonable relation to meeting the specific dangers created by the emergency. Fourth, the measures must not he used for purpores other than protecting the government and restoring order. Fifth, there must be no alternative to the measures chosen that would he as effective in dealing with the emergency but less restrictive of individual right. 2. Legislative participation in the exercise of emergency powers-The role of the legislature in exering emergency powers differ sharply between the federal and state governmevts By obtaining congressional approval for the use of emergency powers, the president can exercise them to their fullest extent and reduce the chances that the measures he take will he struck down by the courts. 3. judicial review of the use of emergency measures. - Increased legislative participation in the exercise of emergency power would provide an important safeguard against the abuse of those powers. However, both political branches(legislatures and executive) of the government seem likely to err on the side of overzealousness. To meet this problem, the further safeguard of judicial review seems necessary. (a) The standards of review. - The supreme court's standard for reviewing, the use of emergency measures has varied widely. The best standard to adop would be a strict standard of necessity, which would reguire that note he available to the government alternative means of coping with the emergency that were as affective as the measures employed but less restrictive of individual liberties. (b) L.R.A test. - Leso-restrictive-alternative analysis is in a sense inherent in any judicial review of government actions on the basis of their reasonableness, since the reasonableness of a measure necessarily depends on the alternatives available. (c) Remedies for the abuse of emergency measures. - As a standard of review the L.R.A test promises to provide a significant chec on government use of emergency measures. However, as with legislative checks, there would be practical obstacle to the effectiveness of judicial rights that were not justified by the necessity of restoring order. Ⅲ. Emergency measures for restoring So far this section of the note developed a framwork for examining the consttiutionality of government actions taken to rstore order during an emergency. The remainder of the section will turn to a discussion of specific emergency measures. 1. Measures for Contralling public disturvances. - Two regulation will he considered;cunfews and bans on public gatherings. (a) Cufews-The use of a cufews might limit damage and aid in restoring order in emergencies in several ways. (d) Bans on demonstsations and public assemblies-A complcete ban on all public assemblies would be a for more effective measure than selective restraints. In add ition, a complete ban, while over inclusive in ito impact nevertheless he less offensive to civil liberties than selective restraints, since there would be a danger that the latter might he applied in an arbitrary manner, especially where the standard for prohibiting a demonstration was so vague as to leave the decision to the discretion of an official 2. Measures for dealing with surreptitious political violence, -This section deals with government responses to emergencies characterized by serreptitious violence undertaken for political ends. (a) Emergency searches. - There would be constitutionl difficulty with the unrestricted use of searches is an emergency. Many persons with no connection whatever to the violence would suffer invasions of their privacy. (b) Preventive detention. -Because of the difficulty in piercing the secrecy of tightly knit subversive ovganizationa in order to determine which individuals are responsible for the violence, governments have occasionally responded to emergencies marked by the threat or reality of sabotage or terrorism by detaining persons on the ground that they are dangerous and will probably engage in such actons. (i) Detention of persons not accused of crime. - In addition to the inherent restrictiveness of preventive detention, the measure would be subject to grave abuse because of the difficulty in criteria on which to which to make a reasonably reliable prediction that an individual would commit acts of violence in furberance of the goals of those whose actions had created the emergency. (ii) Denial of bail. -The constitutional staatus of the denial of bail in normal times is unclear. Although the federal constitution and must state constitutions prohibit the impositon of excessive bail, there is not a constitional right to bail in every case. Never the less, the supreme court has suggosted that the only permissible standard for setting bail is a determination of the amount necessary to assure the defendant's appearance at trial, thereby implying that its denial for the purpose of preventing a degendant from committing further crimes while free on bail would violate the eighth amendment. 3. Martial law. -Emergency situation, whether characterized primaraly by mass public disturbances or by guerilla-like violence, can differ greatly as to their magnitude. At most severe extreme, the govemment might be faced with a rebellion so widespread and intense that it was unable to carry out its normal functions through civilian instiutions. It might then be necessary to govern by martial law. Although there has been much confussion as to the meaning of this term, it is clear that martial law is not "law" at all in the sense of a body of rules, rather refers to the way in which governmental power may be exercised. Commentators generally define Martial law as the use of military forces to carry on the functions of civil government, carefully distingushing it from the mere use of the military as an aid to the civilian government.

經國大典의 編纂沿革에 관한 硏究 : 法典編纂 專擔官廳을 중심으로

羅用植 圓光大學校 附設 法學硏究所 1995 法學硏究 Vol.13 No.-

표현의 자유의 현대적 의의

나용식 圓光大學校 大學院 1996 論文集 Vol.16 No.-

존ㆍ로크의 人權思想

羅用植 원광대학교 법학연구소 1987 法學硏究 Vol.9 No.-

‘탄소 순환’ 개념 학습을 위한 MBL 탐구 활동 개발

나용식,정용빈,박형용,김재근 한국현장과학교육학회 2022 현장과학교육 Vol.16 No.1

Among the many environmental problems facing humankind, global warming is one of the most direct impact issues on us and is deepening. In order to respond to these threats and make appropriate responses, education must play a role so that students who will live in the future can understand the causes of climate change in detail. In particular, among the various causes of climate change, education on soil respiration which is more extensive and can have more impact than human activities is currently treated very poorly in the carbon cycle concept. Therefore, in this study, we attemped to analyze how inquiry activities of the ‘carbon cycle’ were presented in the Integrated Science textbook abd Biology I textbook based on the 2015 revised science curriculum. Also, we attempted to propose Microcomputer Based Laboratory (MBL) inquiry activity of carbon cycle that can be used to revise curriculum and develop textbooks. This MBL inquiry activity is expected that middle and high school students will be able to improve systematic thinking of the carbon cycle and promote creative thinking in response to climate change. 인류가 직면한 여러 환경 문제 중 지구온난화는 우리에게 직·간접적으로 큰 영향을 끼치고 있고 더욱 심화되는 중이다. 이러한 위협에 대응하고 적절한 돌파구를 고안해내기 위해서는 미래를 살아갈 학생들이 기후변화의 원인에 대해 자세히 이해할 수 있도록 교육이 이루어져야 한다. 특히 기후변화의 다양한 원인 중에서도 인간 활동에 의한 원인보다 더 광역적이고 대규모의 영향을 줄 수 있는 원인 중 하나가 토양 호흡이다. 토양 호흡이기후변화에 미치는 영향이 지대함에도 불구하고 이와 관련된 탄소 순환 개념과 관련된 교육의 내용과 강조는 매우 부족한 실정이다. 따라서 본 연구에서는 2015 개정 과학과 교육과정의 통합과학과 생명과학I 교과서에서 탄소 순환에 대한 탐구 활동이 어떻게 제시되고 있는지 분석하고, 교육과정 개정 및 교과서 개발 시에 활용할 수 있는 MBL 센서를 활용한 탄소 순환 탐구 활동을 제안하였다. 본 연구를 통해서 제안된 탐구 활동은중학생 또는 고등학생의 탄소 순환에 대한 시스템적인 인식을 함양하고, 나아가 기후변화에 대응하는 창의적인 사고를 촉진하는 데 기여할 수 있을 것이다.

존 로크의 人權思想

羅用植 원광대학교 법학연구소 1987 圓光法學 Vol.9 No.-

緊急權과 抵抗權

羅用植 圓光大學校 附設 法學硏究所 1982 法學硏究 Vol.5 No.-

議院內閣制의 槪念

羅用植 圓光大學校大學院 1993 論文集 Vol.12 No.-