土地所有權의 公法的 規制

許永敏 全北大學校 1979 論文集 Vol.21 No.-

Historically, real estate is closely connected with our living. Real estate has fixed character, not substitutive one. Also it exerts important effects upon neighboring one. Landownership becomes one of social questions because of population growth and industrial development. According to provision that landownership is ensured, but contents and limitation of it is determined by rules, it can be confined by law. Now, it is regulated in public law, not to adjust a number of interests in conservative attitude, but in positive one. No matter what social, economic, political reasons are, private ownership cannot be abolished, but as far as it does not violate the comstitutional object, it can be considerably restricted by law. The restriction in public law should be completed toward more rational execution.

勤勞基本權의 構造와 그 限界에 관한 硏究

許永敏,金學洙,徐巨錫 全北大學校 敎育大學院 1984 敎育論叢 Vol.4 No.-

Historically, the right to work, independent association, collective bargaining and collective action were not admitted in the early stage. But left to themselves after that, nowadays, admitted generally. Object for admitting those rights lies in making them live humanly by enhancing working conditions. This paper discourses on the structure and the limitation of the labor standard right. The labor standard right, as a rule, ought to be guaranteed in proper range, the restriction must not transcend necessary extent. Because industrial peace and state development can be made by cooperation of capital and labor.

韓國法學의 課題

許永敏,金喜坤 전북대학교 법학연구소 1991 法學硏究 Vol.18 No.-

지방자치 시대의 지방행정 수요에 대응한 지방행정조직 개편방안

許永敏,申桓澈,白種仁 전북대학교 법학연구소 1991 法學硏究 Vol.18 No.-

生存權的 基本權에 관한 硏究

許永敏 전북대학교 법학연구소 1974 法學硏究 Vol.2 No.-

現代社會國家에 있어서의 勞動基本權의 機能과 限界

許永敏 전북대학교 법학연구소 1990 法學硏究 Vol.17 No.-

Abstract The theory of the Social State(or the Welfare State) which is one of the characteristics of the constitution in 20th century is derived from the Weimpr constitution of 1919. Our constitution received that theory. Both the Right of Labor and the theory of the Social State are intensively related to the realization of the Social (Welfare) State and the guarantee of the right to live of laborers. Our constitution provides the right of labor in article 32 and three Fundamental Rights of Labor in article 33. These Fundamental Rights of Labor are endowed to make employee ensure an equal position with employer by solving the socioeconomic unbalance between employer and worker. The right of organization, the right of collective bargaining and the right of collective action have a close relation with one another because these are the means which the worker can keep to be in equal position with employer. The right of organization has the character as a primitive right with comparison to the right of collective bargaining and of collective action because the collective bargaining and collective action can be realised only under the precondition of the right to organize. Organization and collective bargaining are measures to realize the equality between employer and employee and to be profitable for employee. Collective bargaining is the object of the right to organize and to act collectively. Collective bargaining also can have practical effect only when it is supported by the exercise of strike and its potentialities. Because these three rights has a close mutual relation, as above mentioned, these rights belong to a single conception of rights of labor. These rights are provided as a legal institution that workers may use them to realize the basic purposes of their human(and civilized) lives. When workers use these rights, the state shouldn't arbitrarily restrict or prohibit these rights. Rather it should protect them. Sound labor relation besides, the guarantee of the basic rights of labor is the very pre-requisite for the harmonious realization of sustained economic growth, social justice and equity. Accordingly, the restrictions on these rights, should be satisfied with the minimum degree which harmonize conflicts between public and individual interest so as dot to violate the citizen life. On the basis of these ideas, this paper is differentiated. Chapter. Ⅰ Introduction Chapter. Ⅱ The theory of the Modem Social State and the Social Fundamental Rights. Chapter. Ⅲ The Character and the Functions of the Right of Labor. Chapter. Ⅳ The Limitations of the Guarantee of the Right of Labor. Chapter. Ⅴ The extraordinary Restriction of the Right of Labor. Chapter. Ⅵ Conclusion Finally it asserted that the Modem Social(Welfare) State could be realized only under the harmonious guarantee and limitation of the Right of Labor.

勤勞基本權에 관한 硏究 : 公務員 關係를 中心으로 Chiefly on Case of the Public Officials

許永敏 全北大學校 1976 論文集 Vol.18 No.-

The object of the labor fundamental right is to secure the workers' lives on the basis of the right to live. Cooperative right, right of collective bargaining and right of collective action is a kind of ways and means to insure freedom and equality of the weak workers. In England, America, West Germany, France and Japan, cooperative right and right of collective bargaining are admitted but right of collective action is not approved. In Korea, the labor fundamental right of the public officials is not approved to them except to person recognized by law. Right of collective action of the public officals and officials of self-governing body and the national enterprise is restricted by law or is not recognized. This right of collective action is approved only to the laborers in a work-shop and the skilled public officials or emplyee. The public officials should faithfully carry on their duties because they work for the public benefit, the national unity and the economic growth. They have to put emphasis on an important mission rather than on social position as a public officials. This relationship of the public officials enables the labor fundamental right to be restricted. In conclusion, difference between the foreign law and Korean law should be narrowed only by the field of the labor fundamental right of the public officials, and we should try to arrive at tendency of International Labor Organization.

제 3 부 : 논문집 ; 기본권 체계의 법적 성격 - 자연법사상을 중심으로 -

허영민,정용우 전북대학교 전라문화연구소 1989 全羅文化論叢 Vol.3 No.-

새마을 統·班·里長의 意識構造가 行政에 미치는 影響

許永敏 全北大學校 새마을硏究所 1983 새마을 硏究 Vol.6 No.-

勤勞基本權의 制約과 그 法理에 관한 硏究

許永敏 全北大學校 1982 論文集 Vol.24 No.-

The writer wrote in this article about the restriction of the labor standard right and legal principles. The object of constitution and related laws of labor is to make all citizens live decently, especially to improve labor condition of workers. The contents of the labor standard right has to correspond with the maintenance of national security, order or public welfare. The labor standard right comprises the right to association, collective bargaining and collective action of workers. Because of the public character in the service management, the right to association, collective bargaining, and collective action shall not be granted to workers who are public officials, except for those authorized by the provisions of law. And the right to collective action of public of officials and workers engaged in state, local autonomous government, state-run enterprises, public utilities or enterprises which have a serious impact on the national economy is either restricted or denied in accordance with the provisions of law. But the restriction of the labor standard right is to minimize within the limits of the possibility. This paper was developed its course according to the following items,