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    법치와 분권  :  한국사회에서 다원주의 헌법이론의 전망 = 'Rule of Law' and the Decentralization

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    https://www.riss.kr/link?id=A40016147

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    다국어 초록 (Multilingual Abstract) kakao i 다국어 번역

    This article has two aims. First is to show the conflict and the contradiction between the ideal of 'Rule of Law' and the over-centralized political structure of Korean society in recent years. Second is to propose an alternative way of political and legal life, which is more like to change Korean society to a more balanced political and legal community in terms of space and time together. The argument begins with pointing out the fact that the over-centralized political structure of Korean society could not deal with the problem of identity, which has been getting importance very rapidly in mainly urban part of Korean society from the mid of 1990's. However, it needs mote long historical and societal analysis to understand the background of the connection between the over-centralized structure and 'Rule of Law' governing the years of economic development. The author focuses upon the relationship between the politics of vortex of jealousy in Korean society and the mobilization of law through interpersonal network among Korean people. In the process of democratization, this kind of connection resulted in the unique judicial structure which is centralizing political power more and more. And it brought great deal of difficulty in dealing with the demand of so-called the politics of difference. From this viewpoint, there must be no other way to overcome this kind of political and legal crisis than to change the political and legal structure from the bottom. Insisting a radical reform of the nature of the state, the author proposes some proposals as examples. They are the localization of the screen quarter policy, the localization of Korean bar examination, and the empowerment of the local community by the move both of the Korean Supreme Court and the Korean Constitutional Court.
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    This article has two aims. First is to show the conflict and the contradiction between the ideal of 'Rule of Law' and the over-centralized political structure of Korean society in recent years. Second is to propose an alternative way of political and ...

    This article has two aims. First is to show the conflict and the contradiction between the ideal of 'Rule of Law' and the over-centralized political structure of Korean society in recent years. Second is to propose an alternative way of political and legal life, which is more like to change Korean society to a more balanced political and legal community in terms of space and time together. The argument begins with pointing out the fact that the over-centralized political structure of Korean society could not deal with the problem of identity, which has been getting importance very rapidly in mainly urban part of Korean society from the mid of 1990's. However, it needs mote long historical and societal analysis to understand the background of the connection between the over-centralized structure and 'Rule of Law' governing the years of economic development. The author focuses upon the relationship between the politics of vortex of jealousy in Korean society and the mobilization of law through interpersonal network among Korean people. In the process of democratization, this kind of connection resulted in the unique judicial structure which is centralizing political power more and more. And it brought great deal of difficulty in dealing with the demand of so-called the politics of difference. From this viewpoint, there must be no other way to overcome this kind of political and legal crisis than to change the political and legal structure from the bottom. Insisting a radical reform of the nature of the state, the author proposes some proposals as examples. They are the localization of the screen quarter policy, the localization of Korean bar examination, and the empowerment of the local community by the move both of the Korean Supreme Court and the Korean Constitutional Court.

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    목차 (Table of Contents)

    • Ⅰ. 법치주의와 아이덴티티(identity)
    • Ⅱ. 사법적 집권구조는 어떻게 형성되었는가?
    • Ⅲ. 다원민주주의의 딜레마
    • Ⅳ. 다원을 넘어 분권으로
    • Ⅴ. 세 가지 제안
    • Ⅰ. 법치주의와 아이덴티티(identity)
    • Ⅱ. 사법적 집권구조는 어떻게 형성되었는가?
    • Ⅲ. 다원민주주의의 딜레마
    • Ⅳ. 다원을 넘어 분권으로
    • Ⅴ. 세 가지 제안
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