國家緊急權의 比較法的 考察

다국어 초록 (Multilingual Abstract)

The National Emergency Power is a ruling power performed in the state of crisis for the urgent rescue of the nation. From the beginning of the twentieth Gentry, every social phenomenon has been extensive and complicated and the world has faced serious crises (war, Economic and financial question, rebellion, riot, Nuclear terror etc). So the people wanted more powerful government to overcome crises.
But, under the organization of the democratic state constitutional government is designed to function under peaceful conditions _ Therefore. in crisis, constitution al government should be altered temporarily to overcome crises and restore normal conditions.
The style of crisis government is different by the periods and countries, But the common situation is the interruption of the human rights and the centralization of power in administrative organization.
It means that the government will have more power and the people fewer rights. So, the general rule and special system of the crisis government has danger.
We must watch the dangerous abuse of emergency power and the influential government power must be controlled. The successful application of emergency power depends on the control of congress and the Judicial Control, and the national spirit that never permits the abuse of emergency power, and the strong will that the constitutional order and human rights should be kept to the last.
Republic of korea was established in 1948 as the only lawful government in "that part of korea where the (U,N) Temporary Commission was able to observe and Consult" as the General Assembly of the United Nations resolved, while kremlin-indoctrinated Communists set up a puppet regime in North Korea in the Same year, Korea was divided into two sections from that event, So, The Republic of Korea has been invaded by Communists of North Korea and the crisis is still existing,
It is important to realize these background and we should take into consideration in examining the emergency measures provided in the legal order of Republic of Korea,
In this thesis I will deal with The National Emergency Power. This thesis Consists of 5 chapters.
I deal with introduction of this thesis and the meaning of The National Emergency Power in chapter I, the general theory of The National Emergency Power in chapter II, The National Emergency Power of the Some nations, that is England, the U,S,A, France, and Germany in chapter III, that mentions the comparison and the changing course of The National Emergency Power, and The National Emergency Power of The Republic of Korea in chapter IV. Chapter p is the conclusion of this thesis.

목차 (Table of Contents)

• 목차
• I. 序論 = 1
• 1. 硏究의 目的 및 範圍 = 1
• 2. 國家緊急權의 意義 = 3
• II. 國家緊急權의 一般理論 = 11
• 1. 國家緊急權의 根據 = 11
• 2. 國家緊急權의 基準과 限界 = 15
• 3. 國家緊急權에 對한 統制 = 18
• III. 各國의 國家緊急權制度 = 22
• 1. 英國 = 22
• 가. 槪說 = 22
• 나. Common law를 바탕으로 한 緊急事態權能 = 23
• 다. 議會가 制定한 法律에 의한 緊急事態權能 = 29
• 2. 美國 = 33
• 가. 槪說 = 33
• 나. 憲法과 危機政府 = 34
• 다. 沿革的 考察 = 36
• 3. 佛蘭西 = 43
• 가. 槪說 = 43
• 나. 戒嚴 = 45
• 다. 非常大權 = 53
• 4. 獨逸 = 61
• 가. 槪說 = 61
• 나. Preuβen 戒嚴法 = 62
• 다. Weimar 憲法上의 緊急權 = 64
• 라. Bonn 基本法 = 67
• 마. 非常事態에 관한 基本法 보충법 = 69
• IV. 우리나라 國家緊急權 = 75
• 1. 槪說 = 75
• 2. 第 1 共和國憲法 = 77
• 3. 第 2 共和國憲法 = 83
• 4. 第 3 共和國憲法 = 84
• 5. 第 4 共和國憲法 = 88
• 6. 第 5 共和國憲法 = 94
• 7. 第 6 共和國憲法 = 98
• V. 結論 = 105
• 參考文獻 = 107
• 英文抄錄 = 110