숙의 민주주의와 공공갈등의 해결 = Deliberative Democracy and Public Conflict Resolution

다국어 초록 (Multilingual Abstract)

There are many conflicts about public policy and project in modern society. Moreover, such conflicts are getting more and more serious. Deliberative democracy is one of the theory of decision making that emphasizes the participation of ordinary citizens and deliberation by argument. It provides an important ideal for resolving public conflict. However, since public conflict has a dynamic character, it is not always possible to resolve the conflict through a deliberate process. In Korea, deliberate decision-making methods such as deliberative polling, citizens Jury, and scenario workshops have been used at the national and local level. However, a legal system capable of solving various inconsistencies occurring in our society has not yet been established. In order to resolve public conflicts, a law should be enacted that includes the basic principles, requirements, procedures and effects of deliberate decision-making. In addition, administrative agencies should develop procedures and specific methods to ensure fairness and justification for deliberate decision-making. Lastly, in order to resolve public conflicts, they must foster experts who can support the deliberate decision-making process in consideration of the characteristics of public conflicts.

참고문헌 (Reference)

1 김은주, "협력적 토지이용규제 모델 연구- 미국의 이론과 법제도를 중심으로 -" 한국토지공법학회 36 : 163-181, 2007

2 이제희, "숙의민주주의 확대를 위한 공법적 과제" 법조협회 68 (68): 93-120, 2019

3 김은주, "숙의 민주주의와 공론화위원회" 한국공법학회 48 (48): 231-255, 2020

4 National Commission on Sustainable Development(NCDS), "Theories and techniques of public conflict management Ⅰ" Nonhyung 2005

5 Gastil, John, "The lessons and limitations of experiments in democratic deliberation" 14 : 271-, 2018

6 Castro, Henrique A., "The legal construction of power in deliberative governance" 45 : 728-, 2020

7 Menkel-Meadow, Carrie, "Scaling up deliberative democracy as dispute resolution in healthcare reform: A work in progress" 74 : 1-, 2011

8 Stemler, Abbey, "Platform advocacy and the threat to deliberative democracy" 78 : 105-, 2018

9 Rossi, Jim, "Participation run amok: The costs of mass participation for deliberative agency decisionmaking" 92 : 173-, 1997

10 Hong, Jeong-Sun, "Korean Administrative Law Ⅱ" Parkyoung Publishing & Company 2020

11 Swan, Peter, "Governing at a Distance：An Introduction to Law, Regulation and Governance in Law, Regulation and Governance" Oxford UniversityPress 2000

12 Marchant, Gary E., "GM Foods : Potential public consultation and participation mechanisms" 44 : 99-, 2003

13 Lor, Melissa, "Effectiveness of citizens advisory boards in addressing fairness in environmental public disputes" 6 : 177-, 2006

14 Aragaki, Hiro N., "Deliberative democracy as dispute resolution? Conflict, interests, and reasons" 24 : 407-, 2009

15 Menkel-Meadow, Carrie, "Deliberative democracy and conflict resolution" 12 (12): 18-, 2006

16 Bingham, Lisa, "Collaborative governance: Emerging practices and the incomplete legal framework for public and stakeholder voice" 2009 : 269-, 2009

17 Hulet, Carri, "A glossary of deliberative democracy terms" 12 (12): 27-, 2006

18 Poisner, Jonathan, "A civic republican perspective on the national environmental policy act’s process for citizen participation" 26 : 53-, 1996