권력과 법치주의의 목적에 관하여 = On the Objectives of Power and the Rule of Law

다국어 초록 (Multilingual Abstract)

Thomas Hobbes said that ‘leaving’ power should be exercised for the purpose of preserving individuals’ freedom, life, and safety, as well as maintaining dignity and values as human beings. In other words, the absolute power of ‘leaving’ cannot be exercised for the purpose of 'leaving' and can only be recognized when it is exercised for the individuals who have delegated power. Moreover, even though power is only artificial formed by individuals, there can always be situations of abuse of power, the possibility of shearling power, and threats of power to the delegator of power. In this respect, the purpose of power should be exercised for the interests of the freedom, rights, life, and safety of the individuals who have delegated power. In this regard, Article 10 of the Korean Constitution stipulates the guarantee and realization of the basic rights of individuals in power, and Article 37 (1) of the Constitution stipulates the obligation to protect them that basic rights not listed cannot be belittled. It is also the principle of the rule of law that the exercise of power is recognized in cases where it is based on law. However, it is problematic that the legitimacy of the exercise of power is recognized when power is exercised based on laws that only have formal effects. Therefore, the rule of law will refer to the exercise of power based on laws that are recognized for practical legitimacy with content that guarantees individual freedom and rights. If so, the practical purpose of the rule of law is to ensure that individuals’ freedom and rights can be maintained and that human dignity and values can be maintained.