韓國敎會法의 法哲學的 고찰 = (The) Study on the legal philosophy of the Korean church law

다국어 초록 (Multilingual Abstract)

This thesis is that study the church law in philosophical position of law.
The philosophy of law explains the fundamental present condition of a unified law, still more, law is explaining study that have and must have any meaning in actual. And it is considered the existence of human being in highlevel and the field of the law more then thinking in law and that reveal the real facts of the case.
Strictly speaking, the philosophy of law try to give rational explain to law that is applicable to the times and place, at the same time try to systematize the law order, then these results of attempt develop in fragmentary and means that try to suffice desire law that is applicable to the times and place.
So, this thesis will try to trace the developing process of the korean canon law by study all laws, basis of order and history of it becoming norms, and find out the root of it, at the same time, compare with the canon laws and discover the differences belong to between the PRESBYTERIAN CHURCH, the METHODIST CHURCH and the HOLY CHURCH the main denominations in korea. Add more and more based on the result of investigation of the above, I, paster of church in present, will act a part role of missionary work by grafting a biblical, historical and substantial canon law on the spot of pastoral in person directly. this thesis is developing as follows:
CHAPTER ONE will deal with meaning and history on philosophy of law, and a direction and purpose of this thesis.
CHAPTER TWO will deal with a point of view in a broad and a narrow sence, necessity of the canon law historical and cultural.
CHAPTER THREE will study historical background of it in BIBLE and the ROMAN CATHOLIC CHURCH, and will deals with the canon law of the PRESBYTERIAN CHURCH in a view point of JOHN CALVIN becoming the basis of the PRESBYTERIAN CHURCH.
CHAPTER FOUR will deal with developing process of government form and political system of church.
CHAPTER FIVE will deal with history and changing process in the canon law on the PRESBYTERIAN CHURCH, the METHODIST CHURCH and the HOLY CHURCH. Consisting the main current of the korean church.
CHAPTER SIX will study the canon law of every religious body using in present through legalistic comparison about personnel affairs and fragmentary duties, will deal with mainly the comparison about system.
CHAPTER SEVEN will deal with the meaning of the law philosophy about the church in law korea.
CHAPTER EIGHT is a conclusion and will deal with general arrangement of contents. And will give several proposals by establishing on studying result the above in a point of view grafting on the spot of ministry.
Judging through investigation the above, we can understand the canon law in a view point of the law philosophy in concerning with the natural law. The natural law is to constitute base on all manmade law containing the affirmative law, that is, a statute law and customary law.
but in the present age, ideas of the natural law is in danger and legal positivism appearing in present has brought in the present situation of a spiritual crisis of a modern.
By reconsideration for it, the legal philosophy of ontology come to the force to grasp essence of mind.
We know, that it is for the canon law, thereforce, to differ content and meanings. According to historical development and expansion of the law philosophy.
And the result of these study proved to exist asserting school his idealization and reality of law in the school treating the law. It is in the canon law. In other words, it facts for the canon law using in every denomination in present to exist differences in the practical side. But we can understand widely on the canon law when become management in different method practical church law in obedience to a unque thological matter of concern of one's religious body.

목차 (Table of Contents)

• 목차
• ABSTRACT = 1
• I. 서론 = 4
• A.연구의 목적 = 4
• B.연구의 범위 = 8
• II.교회법의 원천 = 9
• A.교회법의 의의 = 9
• B.교회법의 본질 = 10
• C.교회법의 역사적 문화적 중요성 = 10
• III.교회법의 배경 = 12
• A.성서적 배경 = 12
• 1.예루살렘교회의 조직 = 13
• B.역사적 배경 = 14
• 1.로마캐도릭의 교회법 역사 = 14
• a.형성기 = 14
• (1)동방교회법 역사 = 15
• (2)서방교회법 역사 = 16
• b.구로마 교회법전 = 17
• (1)그라디아누스 교령집 = 17
• (2)구로마 교회법전 = 18
• c.트렌트 공의회 이후 법전 = 18
• (1)교령의 종극 = 18
• (2)선교를 위한 교회법 = 19
• d.로마캐도릭 교회법의 최근발전 = 20
• (1)신로마 교회법전 = 21
• e.제2차 바티칸 공의회 후 교회법 = 21
• 2.칼빈의 교회법 = 22
• IV.교회정체 = 26
• A.군주형 = 27
• B.귀족형 = 29
• C.의회형 = 31
• D.감독형 = 32
• E.회중형 = 34
• F.장로형 = 36
• V. 한국교회법의 역사 = 39
• A.장로교회법 역사 = 39
• B.감리교회법 역사 = 42
• C.성결교회법 역사 = 44
• VI.교단간 교회법 비교 = 46
• A.인사에 관한 법적 비교 = 46
• 1.목사직 = 46
• 2.장로직 = 48
• 3.집사직 = 50
• 4.권사직 = 51
• 5.전도사직 = 53
• 6.서리집사직 = 54
• B.조직에 관한 법적 비교 = 54
• 1.당회 = 55
• 2.노회 또는 지방회 = 56
• 3.총회 = 58
• C.나타난 차이점의 장단점 = 60
• 1.장로교의 장단점 = 60
• 2.감리교의 장단점 = 64
• 3.성결교의 장단점 = 65
• VII.한국 교회법에 의한 법철학적 의의 = 67
• A.법의 이중성과 종교와의 관계 = 67
• B.법철학의 근간으로서의 자연법론 = 71
• 1.자연법 = 71
• 2.법실증주의 = 72
• 3.법존재론 = 74
• a.법현상학 = 74
• b.실질적 가치론의 법철학 = 74
• c.실재주의 법철학 = 75
• d.신자연법론 = 75
• C.법철학입장에서 본 교회법 비판 = 76
• 1.교회법도 법인가 ? = 76
• 2.교회법 비판 = 77
• VIII.결론 = 79
• A.요약 = 79
• B.결론 = 79
• C.제언 = 81
• Reference = 83