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      • 行政國家의 憲法構造

        李壹和 慶北專門大學 (영주경상전문대학) 1981 慶北專門大學 論文集 Vol.3 No.-

        In the 20th century cotemporary states have been developing into administrative states in which the Executive as a central role practices national politics. Accordingly, the purpose of this study is to trace origins and dynamics of the administrative state, investigating the fundamental principles, and to study the constitutional strucutre, of such states. First, the process and underlying causal factors of the administrative state are examined and analyzed in terms of developmental stages: the ages of absolutism, liberalism, and welfare. These principal distinctive features are then studied. Second, four fundamental principles of the administrative state that is, Politics, publicity, Planning, and efficency are introduced. The role and function of each individual principle is then examined. Third, the primary goals of this study of constitutional structure in the administrative state may be divided into five research areas for further effective study: (1) To point out a tendency toward identity between state and individual societies in terms of fundamental order. (2) To study the characteristics and tendencies of the human rights of individual citizens. (3) To divide the organization of government into legislative, executive, judicial powers and study their individual distinctive characteristics and trends. (4) To find out whether the local self-govermental organization shows a marked trend toward centralization. (5) To assert that in a contemporary economy it shoud be nccessary to add the rule of planning to free economic order. Finally, it has been emphasized in this paper that all managed societies should be convergent to administrative states, and that the administrative state should aim to fulfil the freedom of individual citizens, not to deny it.

      • 現代國家의 權力構造의 特質 : 특히 法社會學的 考察을 中心으로

        李壹和 慶北專門大學 (영주경상전문대학) 1977 慶北專門大學 論文集 Vol.1 No.-

        The modern state, compared with the current one, has been considerably changed in the power structure. I attempted to study mainly on the characteristic of power structure in the current state from the law sociological point of view. 1 described the main points on the doctrine of the popular sovereignty and of the separation of powers which is the essential elements in the power structure, and then disclosed the historical nature of their doctrines. I also explained the constitutional position of the parliament in the modern state, described the change process of its position in the current state and pointed out the various factors on the characteristic of the legislative in the current state as follows: (1) the degradation of the parliament in the constitutional position has taken place because a state has made the social and economic progress, and the Structure of democracy has been transformed: (2) the structure of the parliament has been also changed for the reason above-mentioned; (3) the system of the parliament has the inclination to be rationalized; (4) the referendum, the public management of election and the functional representation have been established as a enlivened policy of the declined parliament system. 1 examined how to bring the current administrative state into being. I can point out, therefore, three kinds of things as the characteristic of the executive. As we need to have the social state or the welfare state, it has been inevitable for the executive to form a strong power. Taking it into consideration, the following three factors I already designated above might well be described: (1) the structural expansion of the executive, (2) the functional expansion of the executive, (3) concentrating the power on the executive. With respect to the judiciary I explained the constitutional position of the courts in the modern state, and also I pointed out the four factors as the Characteristic of the judiciary as follows: (1) the tendency of the political power's being formed on account of the judicial review of law and statute, (2) the constilution protectors' position by the system of judicial review, (3) the inclination of approaching to the administrative state and judicial state as well, (4) the possibility of infringing on the independence of the judiciary. The characteristic of power structure in the current state is inclined to show the interation of power. Accordingly, the inevitable degradation of the legislative as well as the judiciary can not be avoided owing to the gradual expansion of the executivc. Yet I put emphasis in this paper on the doctrinc of the Separation powers, thc system of the representation and the independende of the judicial powcr which are indispensable and strictly observable in free democracy.

      • 憲法社會學의 本質과 方法

        李壹和 慶北專門大學 (영주경상전문대학) 1979 慶北專門大學 論文集 Vol.2 No.-

        The study of the Constitutional Law in the contempory society of the twen tieth century is groping for a great turning point as in all the fields of jurisprudence with the appearance of that of the Consittutional Sociology. The purpose of this thesis is to analize and scrutinize Ihe intrinsic nature of the Constitutional Sociology and consider its methodology. Firsly. I examined the problem of scientific nature in the Study of the Constitutional Incerpretation estalished up to now prior to studying the intrinsic nature of the ConstitutionaI Sociology and it came out that there has been no scientific nature as a part of social sciences. Secondly, in order to bring light on the Constitutional Socioloy, I tried to construct its concept and consider its intrinsic nature from various angles, and investigating many fields of jurisprudence connected with the Constitutional Sociology, I brought into relief its characteristic as a social science. Third, I have taken the metodology of the Constutional Socioloy into consideratioin in the following order: (1) investigating the object of cognition in the Constitutional Sociogy. (2) considering on the purpose of cognition in the Constitutional Sociology. (3) studying the concrete methods of the Constitutional Sociology. Especially the concrete methods of the Constitutional Sociology is divied, in this thesis, into the theoretical study and the research on actual state, and they are subdivided into several miner sect in trying to get much more concrete methods. In conclusion, I should like to maintain that the coexistence of both Constitutional Sociology and the Study of the Constitutional Interpretation should be necessary, and I think the effort of elucidating the intrinsic nature of the Constitutional Sociology must be carried out incessantly and at the same time its methodolov must be revised and improved so that the Constinitiona1 Sociology might be developed.

      • KCI등재

        Effect of Groundwater Level Variation on Residual Settlement of Korean High-Speed Railway on Soft Ground

        이일화,최영태,이민수,윤찬영 대한토목학회 2018 KSCE Journal of Civil Engineering Vol.22 No.9

        Groundwater drawdown is one of the factors that inducoe settlement in soft ground. However, the drawdown usually does not lead to a large settlement, and thus is not considered at the design stage. A few sites along the Honam High-Speed Railway experienced relatively large residual settlements, judging from residual settlement criterion of 30 mm in Korea. This settlement occurred during the dry season in Korea; accordingly, groundwater drawdown was pointed out as a cause of the settlement. This study focuses on the effect of groundwater level variation on residual settlement by field measurement and numerical analysis. The numerical simulation produced reasonably similar settlement behavior to that of the field measurements, which proves that the numerical analysis represents field performance. The comparison of numerical analysis between the constant and variable groundwater level clearly shows the effect of groundwater variation on the settlement of soft ground. The drawdown only leads to additional residual settlements of 7.3 and 8.3 mm at the surface of the natural ground and embankment. The total residual settlement is approximately 21.9 mm; thus, more than 33% of the settlement was caused by groundwater drawdown. Therefore, the groundwater variation should be considered at the design and construction stages to reduce residual settlement in the case of strict criterion.

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