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노동영(Noh Dong young) 충북대학교 법학연구소 2016 法學硏究 Vol.27 No.2
Local autonomy had not been well implemented in Korea due to historical situations. However, local councils were organized in 1991 to open an era of local autonomy. Democracy means people are the owners of the country and grassroots democracy indicates local residents are the owners of their regions. From this point of view, grassroots democracy has realized greater achievements over the past 20 years whereas the rule of law as a strong support for grassroots democracy in local administration has not been fully mature. Increased awareness of their rights by local residents led to expansion of local autonomy which involves increased participation and legislation by local residents. Such expansion cannot be handled without administrative competence based on the rule of law. Administrative enforcement based on the rule of law is effective in that local residents do not reject it, and it is also consistent with and fair to all local residents. The most important thing to support local administration based on the rule of law is the competence of local officials for judicial affairs with which they can exercise local administration based on correct laws in the front line. This study was intended to evaluate local officials for their competence in judicial affairs, find out related problems and suggest improvements in order to deal with enhanced competence of local governments. Realization of administration based on the rule of law by means of enhanced competence of local governments is not a matter of complicated theoretical organizations. It requires an approach based on legal policy. Grassroots democracy called local autonomy can be secured by administration based on the rule of law and administration based on the rule of law can be secured by the judicial functions with competence.
노동영(Noh, Dong Young) 충북대학교 법학연구소 2017 과학기술과 법 Vol.8 No.2
The very nature of legislation for protection by copyrights is not only to seek individual benefits of copyright holders but also to protect their creativity while enhancing public interests so that more people can take advantage of them. In order to achieve this, reasonable and balanced arrangements required between copyright holders and users. Where copyright holders unduly exercise their copyrights and their lawyers perform active intervention in legal proceedings, the court should also be active in reviewing restrictive provisions in the copyright law and judging whether copyright holders filed illegal litigations and rules punishment or criminal penalty against copyright holders and their lawyers in accordance with the lawyer act and related regulations for self-purification so that they can contribute to the original purpose of the copyright act‘to protect the rights of authors and the neighboring rights and to promote fair use of works in order to contribute to the improvement and development of the culture and related industries.’ This thesis reviewed precedent research as a means of restriction on the abandonment of copyrights and introduced practical cases based on experiences by the author with respect to software copyright infringement to analyze stand points of related judicial precedents, and review and emphasize how to restrict such abandonments in terms of lawyer’s ethics under the assumption that legal representatives of copyright holders tend to facilitate such abandonments.
노동영(NOH Dongyoung) 대한국제법학회 2017 國際法學會論叢 Vol.62 No.2
본 연구의 초점은 북한의 위기상황 시 한반도 통일에 기여할 UN의 역할을 밝히는데 있다. UN에서 논의되었거나 논의되고 있는 문제로써 이른바 ‘한국문제(Korean Question)’가 UN과는 불가분의 관계이기 때문이며, 과거 한국문제에 기여한 UN의 역할이 한반도의 평화와 통일을 조성함에 있어서 ‘하나의 한국(One Korea)’을 위해 여전히 유효하고 반드시 필요하다고 본다. 국제법질서에서 UN의 역할을 개관하고 한국문제에서의 UN결의, 한국전쟁 중 UN군사행동을 포함한 UN의 권능을 검토한다. 이어서 북한의 급변사태로 논의되는 위기상황 시 및 북한의 무력공격의 경우, 이는 북진의 문제로 연결되기 때문에 북진에 관한 UN결의들과 UN이 개입할 수 있는 근거를 살펴본다. UN은 한국문제 처리를 통해 본연의 기능인 국제평화와 안전을 유지하였고, 그러한 과정에서 국제법 발전에 기여하였다. 특히 한국전쟁에 개입한 UN군이 여전히 주둔하고 있듯이 한국문제는 UN의 근간이라고 할 수 있는 집단안전보장제도를 구현하게 한 계기였다. 현재 주둔하고 있는 UN군은 현 고유임무 외에 한반도 평화통일과정 뿐만 아니라 북한 위기상황 시에도 건설적인 평화군으로서의 역할을 위해 필요하고, 한반도 통일과정에서 주변국 등 국제사회의 노력들이 UN의 틀 내에서 이루어지도록 해야하며, 헌장 제99조의 UN 사무총장의 권한 활용을 촉구하는등 적극적으로 UN을 활용하기 위한 대한민국의 노력이 절실히 요구된다. This research examines on the contributional roles of the United Nations to bring the unification of the Korean peninsula in the crisis situations of North Korea ‘Korean Question’is inseparable discussion with the United Nations. So, the roles of the United Nations in uniting Korean peninsula is very important. This paper begins with the roles of the United Nations under international legal order to present the power of the United Nations including the resolutions and military action of the United Nations during the Korean War. Also, it reviewed a sudden change in North Korea which may cause crisis situations and an armed attack, because such situations are correlated with marching north of the South Korean forces. I will review the resolutions of the United Nations regarding the roles of the UN forces and the international legal basis on the possibility of intervention. The United Nations maintains its original duty of keeping world peace by practicing Korean Question and shows their contribution to develop the international law. The UN forces participated in Korean War remaining in South Korea help to materialize collective security system which is the fundamental of the United Nations. The UN forces is needed as the constructive peace forces for the unforeseeable crisis in the future. South Korea must manage the process of the peaceful unification to be discussed under the organization of the United Nations and insist the secretary-general of the United Nations to bring the attention of the security counsil matters which is about the unification of the Korean peninsula based on the article 99 of the Charter of the United Nations.