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윤화우 대구대학교 사회복지연구소 1984 社會福祉硏究 Vol.12 No.-
The institutions of the public welfare administration in Korea after the Reformation -was influenced and developed by the western welfare policy and the relief measures by the government were considered to be compulsory. It was at the period of 1894-1910 that the welfare policy on the public health was first considered and the period .of 1910'1945, at which The Japanized Western welfare policy was brought in, formed the quickening period in the institutions in the public welfare administration in Korea. At the period of 1945^-1948 the institutions of the public welfare administration .of American style was partly brought in and after the Goverment establishment in 1948 until 1960's there was nothing except the military relief and assistance. But 뷶uing the early 1960's after the public welfare administration showed quite wonderful development, from the late I960's to 1970's the welfare policy tended to be the .social security and only recently welfare legislation on public service has been considered with more interests than ever before. When we analysis the types of development of the public welfare administration in Korea, we can divide the period into the former and the latter throuth the Gab-o Reformation. In the latter period, Western style public welfare system was projected after 1894. The types of deveiopment it through the re inforcement stage .of the military aid program systematization of the social insurance system after 1960's. In conclusion, the trasition of the law system in Korea public welfare administration is divided by the period such as the former and the latter with Gob-o Reformation in 1894. With the above analysis and consideration the following generation can be analogized: (1) The transition of the public welfare administration in Korea was rapidly changed through Gab-o Reformation. (2) The transition has chracteristics without sucession. (3) The transition was always done from political and nonautonomous causes.
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윤화우 대구대학교 법정연구소 1987 法政論叢 Vol.2 No.-
It may be Said that this is all very well as an approximate description of how Law tends to funciton, at least in enlightened Communities which enjoy a fair degree of harmony as to their basic aims, but there is more general purpose that the Law everywhere aims. or schould aim, at achieving, and that is "Justice" But the relationship of Law and Justice is very difficult problem. This Artice also one of the attempt try to exqmine closely between Law and Justice. but the two elements may very from age to age. So this artice definle a Subject matter as follows; Chapter Ⅰ is describe the relationship to Law and Justice that generally Known to us. Chapter Ⅱ is an explanation of Aristoteles' Justice. Aristoteles sets out to explain what is meant by Justice. His conception of Justice divides between general Justice and special Justice. On the whole Aristoteles' conception of Justicd is acceptable by modern standards. Chapter Ⅲ is an Comparison between Immanent justice of Law to Transcendental justice of Law. The Idea of Justice is very different from Immanent justice and Transcendental justice. Chapter Ⅳ. This article deal with a problem that positive Law and Justice. In view of the closeness of the formal attributes of these two elements the question arises in what Sense we Can condemn the Law itself of in justice. In Chapter Ⅴ, as a conclusion this Article harmonizes the term "Justice" and its relation to " Law", in seeking to give effect to the particular set of values prevalent in our own Society.
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윤화우 대구대학교 법정연구소 1986 法政論叢 Vol.1 No.-
The increasing internationalization of industry, commerce and trade in the advanced stages of the industrial revolution, and the consequent internationalization of the activities of the modern corporation, are challenging the legal and political monopoly of the state. They created, in contemporary international law and relations, new problems of clash and adustment between the still overwhelmingly predominent political organization of the world in national sovereign states, and the internationalization of economic interests and activities. So there rises the question of the relation between international law and municipal law. Theoretical constructions on the relationship have not done yet, but nothing is more essential to a proper grasp of the subject of international law than a clear understanding of its relation to municipal law. A thorough acquaintance with this topic is of the utmost practical importance. Particulary it is of value in clarifying the law of treaties-practical the most important branch of international law, and one which impinges so frequently on the domain of municipal law. The two principal theories on the relation between international law and municipal law are known as monism and dualism. According to monism, international law and municipal law are concomitant aspects of the one system-law in general. Kelsen's monistic theory is founded on a philosophic approach towards knowledge in general. According to Kelsen, the unity of the science of law is a necessary deduction from human cognition and its unity. Thus he applies his well-known "hierarchical" doctrine according to which legal rules are conditioned by other rules or principles from which they derive their validity and binding forces. According to dualism, international law and municipal law represent two entirely distince legal systems, international law having an intrinsically different character from that of municipal law. In the application of international law within the municipal sphere, according to dualism, international law and municipal law constitute two strictly separate and structurally different systems, the former cannot impinge upon municipal law unless the latter, a logically complete system, allows its constitutional machinery to be used for that purpose. In the case of treaty rules, it is claimed that there must be a transformations of the treaty, and this transformation of the treaty into municipal law, which is not merely a formal but a substantive requirement, alone validates the extension to individuals of the rules laid down in treaties. Korean's constitutional practional practice is rather obscure. But it is desirable to reach final solution in accordance with that international law has broaden both its internal competence and juridiction from regulating merely nations to individual rights of human being.
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