具體的 危險犯에 관한 硏究

鄭幸哲 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-

Ublichweise wird Verbrechen nach der Intensitat des Rechtsgutsangriffes das Verletzungsund Gefahrdungsdelikt unterschieden. Und das Gefahrdungsdelikt wird nach dem Grad der Wahrscheinlichkeit des Verletzungserfolgseintrittes das konkrete und abstrakte Gefahrdungsdelikt gedifferenziert. Besonders wird das konkrete Gefahrdungsdeikt konkretes Gemein- und Individualgefahrdungsdelikt geklassiert. Dieses bedarf der Herbeifuhrung einer konkreten Individualgefahr, die die Angriffsgefahr des Leben (od. Leib) eines bestimmten Einzelnen ist. Jenes bedarf der Herbeifuhrung einer Gemeingefahr, die die Angriffsgefahr des Leib oder Leben oder Sachwerten einer Vielheit oder Unbestimmtheit der Individualitat ist. Die konkrete Gefahr ist ein objekektives Element des Unrechtstatbstandes des konkreten Gefahrdungsdelikt. Und die konkrete Gefahr ist die groβere Wahrscheinlichkeit des Eintrittes eines Verletzungserfolgs. Bei dem konkreten Gefahrdungsdelikt der Eintritt der Gefahrals Tatbestandsmerkmal muβvom Richter in der objektiv-nachtraglichen Prognose festgestellt werden. Beim konkreten Gefahrdungsdelikt hat der Tater den Gefahrdungsvorsatz, der das bestimmte Bewuβtsein des Gefahrdungseintriies ist. Die Vollendng des konkreten Gefahrdungsdelikts bedarf der Herbeifuhrung der konreten Gefahr von Leib oder Leben oder Sachwerten eines andern. Die Strafe des konkreten Gefahrdnngsdelikts ist mit dem Schuldprinzip in Uberstimmung zu bringen.

Communications and Political Development : General Analysis

CHOI,KWANG OONG 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-

生命權侵害에 대한 損害賠償請求權의 法理

曺日煥 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-

The infringement of right, one of the legal factors for the causation of responsibility which is regarded as an illegal activity, is an infraction of upholding the law benefit according to the private opinion. The illegal activity of infringement of right of life cannot be made unless there is an occurrence in consequence of the victim's death. The provision 750, virtually one of the general stipulations for the illegal activity in the civil law, imposes the indemnity obligation upon a person who inflicts the damages on other person, by intention or lapse. Any infringement of right of life couldn't possibly exist without the termination of the victim's life in accordance with the national stipulation against the infringement of right of life. In order for us to define and assert the infringement of right of life, there accordingly should be ensued a victim's death. Mostly both the constituent of causation of responsibility in the illegal activity and the damages incurred by the infraction of right could be strictly distinguished. The intention or the lapse is involved only in the infringement of right of body. When the victim's death results from both the infringement of right of body and the corresponding causation when the infringement of right of body precipitates a considerable loss, the illegal doer shall be liable to assume the indemnity against the death. Nobody can doubt about a theory of law of illegal activity, and the infringement of that illegal activity is not an infringement of right of life but that of right of body. It should be remembered that the extent of indemnity against the claims which bases on the illegal activity in consequence of the infringement of right of body exerts only the loss incurred by the death.

Neo Marxism論

金福洙 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-

Neo Marxism is a very radical and dangerous ism which gives much stimulus to New Left Movement. Although it is a kind of philosophy, it hasn't any points of agreement in the arguments as if there are many sects in Christianity. But the main current of Neo Marxism is the school of Frankfurt. Neo Marxism is not a definite theory, it is arguments pro and con. But it has certain features as follows; ① It has an openness and a reciprocality to the other thoughts systems. ② It is reverted to original Marxism, but it criticizes the fallacies of original Marxism and revises and complements it. ③ It is not a dogmatism. Neo marxists recommend free discussion and free opinion. ④ It is a critical theory. Especially the brand of the school of Frankfurt is Critical Marxism. ⑤ Neo Marxists are not members of any political party or social body. ⑥ Many of Neo Marxists such as Marcuse, Adorno, Mills, Fromm appeal to violent revolution. ⑦ Neo Marxists anchor their hope to violent revolution of young intellectuals and university students in advanced nations. ⑧ Neo Marxists revolt against the present society, seeking for Utopia. ⑨ Neo Marxists do not deny the capitalism and they say there are continuity between capitalism and socialism ⑩ Neo Marxists believe the changeableness of the world. To them the essence of the world is not static but changeable ⑪ The one of foci of investigation of them are the study of young Marxe's writing≪Economic and Philosophical Manuscripts≫(1844). Lucacs, Korshc, Bloch, Gramsci's thoughts contributed to form Neo Marxism. Neo Marxists of the Frankfurt school are Horkheimer, Adorno, Marcuse, Benjamin, Fromm, Pollock, Neuman, Wittfogel, Habermas, Schmidt and Welmeretc, and they attack totalitarian Communism (Leninism, Stalinism) and fascism. Lucacs, Korsch, Avineri and Marcuse do not recognize dialectical materialism and they want to tear off materialism from dialectical materialism, denying materialism. And Sartre also did not agree on dialectical materialism; He prefered dialectical existentialism to dialectical materialism. Structualist Marxism is a heretic Neo Marxism and it's representative scholar is Althusser. Althusser insists that Marxism is neither humanism nor philosophy and he asserts that Marxism is no more than a science. but critical Marxists leaded by Frankfurt school scholars empathize that original Marxism is humanism. Neo Marxism is so to speak a bastard of Marxism. We are not sure if it will be a Frankenstein monster or a filiar son to original marxism who can resurrect Marxism which is withering away little by because of it's obsoleteness. But Neo Marxism may transform itself to an another dangerous ideologie if a certain revolutionist arrange its theories properly selecting them.

韓國 行政改革의 接近方法에 관한 考察

金元摠 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-

An administrative reform can be defined as an effort to apply new ideas to administrative system with a conscious view to improving the system for positive goals of national development. For the discussion about administrative reform, firstly we must explore fundamental philosophy of administrative reform, secondly we must grope for the direction of administrative reform. Therefore we design the strategy for the successful administrative reform. And also the evaluation of the administrative reform should be carried out according to the conception of the appropriate process concerning with administrative reform : The contents of this thesis are as follows. Chapter 1 : Introduction of the problems Chapter 2 : Administrative reform and the philosophy of Administration. This chapter handles explicit definition of administrative reform and discuss the change of administrative environment, role, limit, and the philosophy of administrative reform. Chapter 3 : Grope for the macro direction of administrative reform. For this, three parts which consist of the society, administrator and bureaucracy are analyzed. Chapter 4 : Micro managemental strategy of the administrative reform. Chapter 5 : Framework of evaluation for the administrative reform. Chapter 6 : Conclusion

美國大統領選擧制度의 改善方案에 關한 硏究

鄭然喆 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-

Presidential elections in the United States entail significant choices for millions of Americans and in one way or another affect nearly everyone else. Thus, it has seemed to us worthwhile to offer a discussion of the entire presidential election process that is unsentimental, non partisan, and explicit about how and why things happen as they do. American Presidential Election is one of the most important, and often most misunderstood, rites of American democracy. American Politics just passed through an extraordinary era of reform, the consequences of which have been as profound as those of the reform period that accompanied the progressive movement earlier in this century. The movement for reform first came to national prominence at the strifetorn 1968 Democratic Convention in Chicago. Antiwar activists and advocates of the "New Politics" launched an attack not only on the nation's party system, method of nominating presidential candidate and electoral college system but also, in some measure, on the entire structure of American representative institutions. This article has aim of introduction about many reform agendas of the Americao Presdential Election System that were discussed through among Political scientists, party leader, legislators. The election of the American president, which under the Constitution was designed originally to be a representative process, was quickly changed, and no one today questions the result. Both the democratic and representative impulses have deep roots in the American political tradition, and the merits of each cannot be judged in the abstract but must be weighed in every case in light of their potential effect. The reform movement got under way as an effort to establish the principles of democracy and openness as the standards by which to judge the legitimacy of American political institutions. The setting of American electoral politics pemits elite, business, and interest group formations to wield considerable power. However, deteriorating capacity to govern is, in my opinion, more to be feared than the hidden hand of elite rule. If capability, democracy, and legitimacy have top priority, it seems reasonable to reassert the importance of mechanisms that can give majorities a major influence, and that can help leaders take difficult but necessary political actions in a responsible way. Voting for leaders in terms of their personalities does not produce such a mechanism. The government is too complicated for us to control it simply by choosing attractive political figures and letting them exercise their personal charms. The contents of this article include general explaining of existing system(caucus, primary, convention, electoral college system, analysis of election data), reform of permanent voting enrollment, reform of the electoral college, reform of the party system in relation to presidential election, reform of the campaign and finance. My conclusion on this subject is as follows. The public debate for reform both of political theory and of practical politics have usually not been very spirited. There has been little consideration of the likely political effects of reform. Existing system and various reforms have been shown to have both merits and defects. The defects of the proposed alternatives are uncertain and most grievances against the existing system can be resolved through the political process without recourse to a constitutional amendment.

釜山市를 中心으로한 都市再開發에 관한 硏究

金元摠,李康雄 東義大學校 地域社會開發硏究所 1987 공공정책연구 Vol.3 No.-

The aim of this study is to investigate the actual conditions and to seek the directions of the urban renewal of Pusan City. Today many cities are confronted with urban problems, one of which is disorder in the spatial construction of a city. Especially, Pusan City has serious aspects, for it has been developed rapidly without a longterm comprehensive city planning. The spatial construction of a city should be in harmony with urban functions. The urban renewal is one of the ways to solve urban problems and the deliberate efforts to change the urban spatial environment so as to attain a higher level of civilization. The urban renewal in the generic sense can be considered a process whereby the physical face and form of a city changes naturally according to economic decisions, and political or administrative actions. The urban renewal program also attempts to change the development pattern of a city. So, urban renewal allows planners to take a comprehensive approach to the substitution of new social capital for old. The object of urban renewal is to maintain the fine sight of a city, to clear slums and to promote urban functions. The urban renewal projects are executed by a selective combination of rehabilitation, conservation, redevelopment and improvement. The urban renewal is divided into two ways, one is the downtown renewal and the other is the housing improvement renewal. The downtown renewal method is mainly to increase the functions of CBD (central business district). The housing improvement renewal is to reconstruct villages where we may live comfortably. The master plan of urban renewal should be established to cope with the challenges which may happen the future.

行政國家의 限界와 發展方向

金賢祚 東義大學校 地域社會開發硏究所 1987 공공정책연구 Vol.3 No.-

The administrative states, which were appeared with development of industrial society, resulted in the enlargement of entrusted legislation and discretion. It raised the problem which is unbalance of the division of resources between public section and private section, in addition to the division of function between the central government and the local government. Now administrative states are on the state of affairs which they have to seek the new ways of development. Accordingly, I have the understanding of problems of administrative states, and I want to suggest some ways of long-term development as following. i) Zero Grouth and Cutback Management. The size of public section has to be tied at present status and it has to be positively reduced. ii) Depoliticization and Repoliticization. The public section has many affairs which the private section is good for efficient treating, so it has to hand over the private section. And we have to institute the special organization to bave political nature in the government or outside. iii) National Planning and Balance of Power. We suggest that the states have to establish the national planning to be included public administrative system in line with other systems and that the states have the balance of power of the legislation, the government, the Judicature. iv) Enlargement of Participation and Distribution of Power. It is desirable that more peoples participate in decision making, It has the value of realizing democracy. And the distribution of power has to be properly realized between the upper and the lower of organization, as well as between central government and local government. v) Public Corporating and System of Responsible Management. It is desirable that the public enterprizes of governmental agent-form and the economical affairs in government should be seperated by step for public corporating and that we design to ask the managers the responsibility of enterprize, instead of giving their own discretion.

從屬理論에 關한 分析과 批判

金福洙 東義大學校 地域社會開發硏究所 1987 공공정책연구 Vol.3 No.-

Although dependency theory seems to get considerable persuasion, it is a very dangerous ideologie, because it will lead some third world countries to communist counties. For example, A.G. Frank insists that the sole strategy for development is to appeal to socialistic revolution. Dependency theorists divide the world into two categories : Center-nation group and periphery-nation group, and dependency theory also means internationalization of Marxist class-theory. Therefore, it may be regarded that dependency theory is a new metamorphosis of Marxism. Despite dependency theorists claim that the underdevelopment nations are poor because the advanced nations squeeze economic profits from the underdeveloped nations, the underdeveloped nations are also responsible for their under development. If the less developed nations try to raise G.N.P. and achieve industrialization, they can trade with the advanced nation with equal terms without any allergy and they need not hate foreign multinational corporations. For example, Canada does no reject multinational corporations of the U.S.A. because the country is advanced and rich. From the years of 1961 to 1986, the national income per capita of the Korean people increased from 80$ to 2,000$. We have maintained an intimate relationship with the U.S.A. for 40 years but we have achieved a glorious economic development and we are on the threshold of the advanced nation. Therefore, dependency theory should not be applied to the Republic of Korea. Japan surrendered to the Allied forces and the U.S army occupied the country in 1945, but the Japanese people succeeded in achieving an advanced nation. In short, the third world countries must try to build a powerful nation for themselves. And dependency theory is not an iron law, it has many vulnerable points.

韓國民族主義運動에 關한 展開過程의 特性 硏究 : 衛正斥邪, 開化運動, 東學運動 및 3.1運動을 中心으로

具永壽 東義大學校 地域社會開發硏究所 1987 공공정책연구 Vol.3 No.-