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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.
김연기 대구대학교 법정연구소 1987 法政論叢 Vol.2 No.-
The republic of Korea has adopted the democratic political system since 1948 and from 1952 to 1961 local councils were constructed by citizen and local governments were enfroced all over the country. After the 5.16 military revolution in 1961, the military regime disorganized the local councils and local government has been withheld up to now. But in 1984, the ins and the outs agreed to partially construct local councils and enforce local government from the first half of 1988. Central government set its prior goal in the econmic development since 1960 and operated the national policy by putting its efficiency before its democracy for ideology of administration, As the result of it the government accomplished ahigh degree of economic growth, but major fowers in political administrative were concentrated in the central government. The result this prefereatial policy about aconomic growth broght about unblance between its regions, classes and urbenrural. Korean people now claim entensive and variable political participation, their powers being delegated from Centrad government to local government. The purpose of this thesis is to present a geneal plan for the preparation of conditions for the constructiong of local councils and enforcement of local government asneeded. At first, the past 10 year's of local government experience (1952―1961) and present local government realities are analized and evaluated. Because the past experiences present good instructive examples for the enforcement of future rational local government. Durinng the 10 years local governments (1952―1961) were politically exploited by the party in power because of the low concern and participation of citizens about democracy and local govermments. That is local government and local councils were used for keeping the ruling part in power. Also, local government and local councils were politically influenced by central government that bringing about excessive conflict and many problems. That the realities of present local government and central government is that both have excessive powers in function and finance. Therfore local government is degraded by the local agent of central government. In addition, the local governments were unblanced in reltionship to the local population, size of area, financial independence ratio, and GDP, etc. In order to improve the present unreasonable situations for the enforcement of local autonomy system Central government has to reallocate power for their functions, reform the local financial system for financial independene abjust the service area between the governments, reform control partterns and mitigate control from the central government to local government, etc. Also, concern and participation of citizens are most important factors for the desirable local government. Government is only effective with the participation of the governecl citizens.