id stringlengths 12 12 | format stringclasses 2 values | title_ko stringlengths 0 811 ⌀ | title_en stringlengths 0 1.26k ⌀ | journal dict | authors listlengths 0 15 | abstract_ko stringlengths 0 4k ⌀ | abstract_en stringclasses 100 values | keywords stringclasses 157 values | citation_count stringclasses 5 values | doi stringlengths 0 127 ⌀ | url stringclasses 101 values | file_source stringlengths 23 23 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
ART000940580 | oai_dc | 국가가 행하는 공론화작업의 헌법적 한계 | Verfassungsrechtliche Begrenzung der staatlichen ？ffentlichkeitsarbeit | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이종수(계명대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000940582 | oai_dc | 울산지역 노동운동의 성과와 과제-노사관계제도 개선에 시사하는 바- | The Results and Tasks of
the Labor Movement in Ulsan | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"오문완(울산대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000940584 | oai_dc | (번역)동굴탐사대 사건 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"최봉철(성균관대학교)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000940585 | oai_dc | (학계동향분석)스페인 국제 법사회학연구소 방문기 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이국운(한동대학교)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000940543 | oai_dc | 거창사건 관련 판결과 소멸시효 항변 | The Geochang Massacre Case and the Prescription | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"임상혁(숭실대학교)"
] | The Geochang Massacre which happened during Korean War is excep- tion in that the responsible people were punished. However the matter of compensation is still pending. Even though the bill concerned with the compensation were passed, the government vetoed the act. The bereaved families enter a lawsuit against the government. The judgment was sentenced that the right to claim damages became extinctive due to prescription, and that subsequent damages done on the survival families. But it was reversed by the High Court.
In the case of demand the prescription is one of the affirmative defenses in the trial. And the government is treated as a private person in the market. However he should act considering public interest and relationship of mutual trust and is supposed as so. He must not evade his liability for inhumane injury to people. Doing that is nothing but throwing the position as the government. Therefore the government cannot possibly exercise the prescription in this case. | 법학 | null | kci_detailed_000150.xml | |||
ART000940540 | oai_dc | ＂변호사 적정수＂의 아젠다 | The “Optimum Number” of Lawyers： Its Unspoken Discourses | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"한상희(건국대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000976841 | oai_dc | 독일 법조인 양성제도의 특징－ 사법시험의 출제와 채점을 중심으로－ | Enge Verbindung des juristischen Studiums mit der staatlichen Juristenprüfung
anhand des deutschen Beispiels | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"서을오(이화여자대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000942026 | oai_dc | 거창사건 피해자를 위한 배상입법：그 당위와 내용 | A Draft for Compensation for the Victims Geochang Incident | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"한인섭(서울대학교)"
] | On 2 March 2004, the National Assembly passed the revision of “the Special Act concerning Geochang Incident” in which the compensatory scheme shall be established for the victims of massive killings during the Korean War. However, the government exercised the veto power to the revised Act, and the Act shall be returned to the National Assembly according to the constitutional procedure. The rationale for governmental veto were as follows：the budgetary expenditure would be overburdened, and the social consensus on compensation would be not satisfactory. Here, I argue that the government is responsible for compensation for the illegal/criminal actions committed by the National Army, and the scale of burget cannot rationalize the government’s excuse of compensation.
Now, I suggest the New Draft for Compensation for the Victims of Geochang Incident. Indeed, there is no way to negate the government’s accountability for killing unarmed civilians, and monetary restitution should be given to the victims. If, this draft would pass the National Assembly, it would be the first model case for compensation for those unarmed civilians who were massacred during the total war. | 법학 | null | kci_detailed_000150.xml | |||
ART000940544 | oai_dc | 사법부의 해석방법론에 대한 비판 | A Critical Review on the Method
of Judicial Interpretation | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"오세혁(중앙대학교)"
] | Recently two- or three-decisions of court give rise to great confusion in Korea. One focuses on the conscientious objector of military service, the other focuses on the necessity of the National Security Law. But these decision are common to raise the issue about nature of judiciary, especially obligation of judge to obey legislations made by the National Assembly.
I analysed the arguments of judicial interpretation in Korea before. Now I try to review critically the method of judicial interpretation in relation to legal institution and legal culture. For this purpose I will sketch structure·procedure·character of legislations, realities of legal science- and educa- tion, and realities of judiciary in Korea. Then types of interpretative argu- ments, priorities among conflicting arguments will be analysed in connection with them.
There is a strong tendency towards broadening judge’s competence over statutory interpretation in Korea. The fact is that courts substantially func- tion as a law-making authority in penal domain as well as civil or public domain of law. In the case of unjust or absurd result of secundum-legem interpretation, Korean courts often dare to try conta-legem interpreting statutes. But the attitude of courts toward the method of interpretation runs against the nature of judiciary, the principle of separation of powers. There is a necessity for practicing radical reflection on the method of judicial interpretation in Korea. | 법학 | null | kci_detailed_000150.xml | |||
ART001161316 | oai_dc | 출자총액제한제도의 정당성 검토 | A Study on the Justification of “Ceiling on Total of Equity Investment” | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"홍명수(명지대학교)"
] | “Ceiling on Total of Equity Investment” is a legal regulation in “Fair Trade Law” in Korea, to restraint economic concentration of Chaebul, which is a large business group governed by one person or one family. As a rule, an economic concentration constitutes three types, exactly market, general and owner concentration. A general concentration means that the greater part of economic resources in country belong to a few economic subjects. Specifically “Ceiling on Total of Equity Investment” is relevant to the general concentration and it has given a major motive to the legislation of “Ceiling on Total of Equity Investment” in 1986.
The article 10 on “Ceiling on Total of Equity Investment” in “Fair Trade Law” stipulates that no corporation belonging to a large business group shall acquire or own shares in other domestic companies whose sum of acquisition value exceeds twenty-five percent of the net assets of the corporation.
But this provision has given rise to criticism for a long time. Specially a functional analysis of “Ceiling on Total of Equity Investment” in recent years represents a series of critical stands. This analysis stresses negative effects of “Ceiling on Total of Equity Investment” in real economy and substitute the gap between Own and Govern for the criterion of “Ceiling on Total of Equity Investment.”
But “Ceiling on Total of Equity Investment” has a relation to a general concentration. Because the economic concentration of Chaebul has a complex character of market, general and owner concentration, the problem of a general concentration could not be overlooked. If a general concentra- tion of Chaebul gives rise to some problems in Korea national economy and “Ceiling on Total of Equity Investment” could restraint a general concentration, the justification of this regulation could be approved as ever. | 법학 | null | kci_detailed_000150.xml | |||
ART000940581 | oai_dc | 독점적 사업자의 끼워팔기 : 마이크로소프트사(MS)의 지위남용을 중심으로 | Tying as an Abuse of de facto Monopolist, Microsoft | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이봉의(경북대학교)"
] | In September 2001 Microsoft Corp. began to sell Windows XP, which integrated messenger program into its predominant PC operating system, Windows. Daum Communications competing with MS in the field of instant messenger challenged this kind of practice as unfair tying in a sense of the Korean Antimonopoly Act(hereafter “the Act”). The Case has been for about 3 years pending the procedure of Korean Fair Trade Commission.
This article raises critical doubt as to whether tie-ins by de facto monopolist, MS with over 90% market share in the client PC operating system, should be primarily subject to the prohibition of unfair trade practices under §23 I of the Act. Instead the article suggests that such a tying should be reviewed in the light of an abuse of market dominant position, because in such a monopolized market as operating systems, exclusionary practices of de facto monopolist would threaten the rest competition and thereby are likely to severely harm consumer interests. This approach is based on the concept that market dominant undertakings have a special responsibility not to allow their conduct to impair undistorted competition. Under this approach monopolists’ conduct should be subject to stricter competition rules.
In this case the tying of MS, by means of the leverage of monopoly power in the upstream OS market, is more likely to interfere the free activities of other downstream messenger competitors than to produce any appreciable efficiency. It stifles innovative competition in the downstream related markets, restraining consumers' choice, thereby resulting in much harm to their interests. That is the reason why §3-2 I Nr. 5(prohibition of harming consumer interests), qualified as an implicit general clause against abuse, is to apply to this tying call. | 법학 | null | kci_detailed_000150.xml | |||
ART000940579 | oai_dc | 중국의 제헌운동이 상해 임시정부 헌법개정에 미친 영향－1920년대의 헌법개정 과정에 나타난 정치제도의 규범과 현실－ | Influences of Chinese Constitution-making Movement on the Korean Constitutionalism during Shanghai Provisional Government： focusing on the Provisional Constitution of 1925 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"신우철(중앙대학교)"
] | The revision of the Provisional Constitution in 1925 was done to simplify the political institutions of the Shanghai Provisional Government. Through the process, they tried to come over political disruptions caused by some unfeasible institutions. The revision was led by Seobuk-pa (Northwestern Faction) that claimed the re-modeling of the Provisional Government. Therefore, it had more provisions that reflected “our own 7-year-old constitutionalism” while it had less provisions from the Chinese constitu- tional documents comparing to the Provisional Constitution of 1919. Mean- while, we can recognize the “simplification” all over the new Provisional Constitution. Although, we cannot say the new Provisional Constitution was full of pure “homebred” provisions from “our own 7-year-old constitutionalism.” Because, as we know, it was based on the Provisional Constitution of 1919 affected by Chinese constitutional documents. Moreover, we can confirm that the new Provisional Constitution was under influences of Chinese constitutional documents through the below four things－the position and tenure of cabinet leader, the co-signature system of cabinet members, the indirect legislature election by local assemblies, and the weakened veto power of cabinet leader. The revision in 1925 has two significances in Korean constitutional history. First, it was a fresh start of “our own constitutionalism.” Second, it was a first change of the govern- ment system, from presidential to parliamentary. What’s more, the Constitutions of 1948 and 1987 contain a couple of provisions from the Provisional Constitution of 1925. | 법학 | null | kci_detailed_000150.xml | |||
ART000942050 | oai_dc | 한국의 로펌은 어디로 가고 있는가? | Where are the Korean Law
Firms Going to? | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이국운(한동대학교)"
] | This is a brief sketch of the Korean law firms today. The author wants to close up the need of revival of the discourse about law and capitalism in order to understand the new phenomenon of law firms in Korean legal profession. Law firm is a new type of lawyer’s organization in global era, which is showing the limit of modern project in the realm of law and legal profession that is based upon the principle of political neutrality of law about capital and labour. It is very evident that law firm is the basic pattern of legal practice in global economy. With this academic concern in mind, the author surveys the historical background of the Korean law firms and analyses the career pattern of the corporate lawyers in the so-called big 4 law firms at Seoul. One of the facts he finds is that there is a kind of lawyers tournament in those law firms which have been governed by the so-called 'international lawyers’ of Korea. He also insists the urgent need of professional regulation on the ethical violations of corporate law practice. | 법학 | null | kci_detailed_000150.xml | |||
ART000940541 | oai_dc | 변호사 직무의 성격과 법률서비스 전달체계의 개선방향 | The Duties of Lawyer and the Reformation of the Delivery System of Legal Service | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"황승흠(성신여자대학교)"
] | What is the nature of the duties of lawyer? The reason that the old question is raised is Korean lawyers have a privilege consciousness that they are the predecessor-official and hold the equal social position to a judge and prosecutor. They deliberately deny or reduce the nature of businessman. But this consciousness don’t reflect a actual situation. Today the lawyer are open to challenge of the competition and globalization. For the effective approach to problem, it is made clear the nature of lawyer as businessman.
The duties of lawyer is to delivery a legal service. The recomposition of the duties of lawyer means the reformation of the delivery system of legal service. Basically legal service is provided by market mechanism and exceptionally government intervene for the weakness class to use legal service. In the criminal cases, all accused is provided legal service by the expansion of public defender system. In civil cases legal aid service need to enlarge and to make it systematic. It is builded up the relationship between the mandatory pro bono service of lawyer and legal aid service | 법학 | null | kci_detailed_000150.xml | |||
ART000940546 | oai_dc | 이중국적의 규범적 평가 | Dual Nationality, Right or Wrong? | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이철우(연세대학교)"
] | Talks of dual nationality have turned into a new phase as recent academic discussions have shifted the way it is being talked about from moral-emotional condemnation to sociological and comparative-legal anal- ysis. Yet this might in turn weaken the concern with the moral and ethical side of the issue. This essay addresses some of the moral-ethical questions involved in the recognition of dual nationality. Indeed, the moral-ethical aspects of dual nationality cannot be dissociated from the factual side of the matter, and the essay comes up with factual accounts of social practices surrounding dual nationality, as well as descriptions of legal rules and policies, to the extent that normative judgment depends on the evaluation of the reality, particularly when the judgment takes on the form of a utilitarian weighing of interests. The questions that the essay addresses are：whether the concept and doctrine of national sovereignty inherently exclude the idea of dual nationality, whether suspicions about the loyalty and patriotism of dual nationals are justified, whether dual national- ity facilitates or impedes the integration of immigrants to the culture and society of the host country, whether dual nationality is a cause of conflict and instability to international relations, and whether dual nationality is unfair, given the interests and opportunities enjoyed by dual nationals. | 법학 | null | kci_detailed_000150.xml | |||
ART001161315 | oai_dc | 포항지역 법조문화에 대한 법사회학적 연구 | A Socio-legal Study on the Culture of Lawyers in Pohang | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이국운(한동대학교)"
] | This is a socio-legal study on the culture of lawyers in Pohang. The author, as a typical newcomer-intellectual, has pursued the mechanism of legal hegemony which is governing the Pohang society with participation/ observation and interviewing for some years. People in Pohang have experienced very rapid economic growth from the mid of 1970’s when the POSCO was constructed by the authoritarian government. After the turning point of 1987, democratization movement provoked many civic activities among original Pohang citizens, and they caused some struggles against the old power bloc. It was evident in early 1990’s that the usage of law and lawyers in social conflict was increasing in Pohang society. In that sense, the establishment of Pohang branches of Taegu district court and Taegu district prosecutors office was very important, because it introduced about 60 lawyers to the center of Pohang city in a very short time. The result of interview shows that this sudden change in legal society influenced the ways of behavior both of the political elites and the brokers in legal market. However, the ordinary citizens do not feel anything but fear and jealousy to the lawyers in general and the Pohang lawyers including judges, prosecutors, attorneys, are still maintaining a more reluctant attitude to the Pohang citizens. The author insists that some mores and customs in the legal profession are functioning in making and managing this distance between the lawyers and the ordinary citizens. That is also the reason why we the Korean people need a grass root democracy in judicial process which is guided by a counter-hegemony strategy based upon the democratic value of participation and self-governance. | 법학 | null | kci_detailed_000150.xml | |||
ART000855545 | oai_dc | 지방자치의 필요충분조건으로서 지방분권과 참여민주주의 | Local Decentralization and Participatory Democracy in Local Autonomy | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"오동석(동국대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855550 | oai_dc | 범죄은폐에 대한 최적의 처벌에 관한 연구 | A Study on the Optimal Penalties for the Criminal Concealment | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"박상열(광운대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855551 | oai_dc | 시민과 NGO에 의한 행정통제 강화와 행정소송－항고소송의 원고적격 문제를 중심으로－ | Verstarkung der Verwaltungskontrolle durch die Mobilisierung der Burger und der NGOs und Klagebefugnis nach dem Verwaltungsproze？gesetz | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이원우(한영대)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855552 | oai_dc | A Legal Theory of Special-Type Work | A Legal Theory of Special-Type Work | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"호문완()"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855553 | oai_dc | 문화재향유권의 법리에 관한 고찰－일본에서의 논의와 한국헌법상의 법리구성을 중심으로－ | A Study on the Legal Theory of ‘the Enjoyment Right of Cultural Properties’ | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김수갑(충북대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855546 | oai_dc | 사법서비스 공급구조의 지방분권화 | Localization of the Judicial Service System in Korea－A Proposal | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이국운(한동대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855547 | oai_dc | 지방분권과 법제도 개혁 | Decentralization of Authorityand Legislative Reform | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"최우용(동아대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855548 | oai_dc | 조선고등법원과 현대 한국법-조선고등법원의 생성을 중심으로- | The Chosun Supreme Court and the Modern Korean Law | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김상수(동국대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855549 | oai_dc | 프랑스 사형폐지론의 역사-계몽주의에서 1981년 사형폐지까지- | L’histoire de l’abolitionismede la peine de mort en France－Des Lumi？res ？ l’abolition de 1981－ | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"홍기원(엑스-마르세이(Aix-Marseille) 3대학)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855554 | oai_dc | 한국의 법문화와 샤마니즘 | Korean Legal Culture and Shamanism：A Legal-Cultural Sketch about the Special Acts for the Historical and Political Liquidation in Korea since 1992 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"강희원(경희대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855555 | oai_dc | 민법개정의 현황과 문제점 | ？ber die Reform des koreanischen BGB | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"지원림(안양대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART001220042 | oai_dc | 私法 영역에서 등장하는 전문법화 경향-도산법을 예로 본 법사회학적 고찰- | Integrativ-fachspezifische Verrechtlichungstendens im Privatrechtsbereich | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"양천수(영남대학교)"
] | Indem die moderne Gesellschaft einen Strukturwandel erfährt, tritt heutzutage eine neue juridische Tendenz auf: Integrativ-fachspezifische Verrechtlichungstendenz im Privatrechtsbereich. Als ein Beispiel ist das Insolvenzrecht zu bezeichnen. Das Insolvenzrecht hat einen integrativen Charakter, weil es den Charakter des Zivilrechts, des Zivilprozessrechts, des Gesellschaftsrechts sowie des Strafrechts umfasst. Aus diesem Grund ist es aber schwierig, einen systematischen Stellenwert des Insolvenzrechts mithilfe des “Pandektensystems” genau zu bestimmen. Als ähnliche Beispiele können wir z. B. das Medizin-od. Umweltrecht nennen. Um ein solches neues juridisches Phänomen aufzuklären, beruft sich der Autor auf die Konzeption der “integrativen Wissenschaft” (Prof. Chong) und des “fachspezifischen Rechts” (od. des Sonderbereichsrechts) (Prof. Yi). Nach diesen Konzeptionen ist das Insolvenzrecht als ein fachspezifisches Recht (od. ein Sonderbereichsrecht) zu bezeichnen, das sich als integrativ auszeichnet. Wenn wir das Insolvenrecht auf diese Weise als ein fachspezifisches Recht verstehen, dann können wir systematische Probleme bezüglich des Insolvenzrechts lösen.
Jedoch begegnen wir andererseits den folgenden Problemen, wenn wir das Insolvenzrecht als ein fachspezifisches Recht verstehen. Zum ersten sind Prinzipienkollisionen innerhalb des Insolvenzrechts. Zum zweiten ist das folgende Problem: das Insolvenzrecht bezieht sich notwendigerweise auf eine Insolvenzrechtspolitik, aber es ist nicht leicht, die Insolvenzrechtspolitik sozialadäquat zu machen. Um die Probleme zu lösen, stellen wir uns m. E. drei Richtungen vor. Wir sollten zunächst die ‘Komplexität’ der Insolvenzrechtspolitik berücksichtigen. Zum zweiten können wir eine ‘Prozeduralisierung’ der Insolvenzrechtspoltik versuchen. Zum dritten sollten wir ‘offene’ Insolvenzrechtsdogmatik bilden. | 법학 | null | kci_detailed_000150.xml | |||
ART001220046 | oai_dc | 제도적 상상력으로서의 법문석-Roberto Unger의 법이론을 중심으로- | Legal Analysis as Institutional Imagination -Focusing on Roberto Unger's Legal Theory- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"심우민(연세대학교)"
] | The main concern of this article is whether social theories and legal theories can play roles as alternative theories to overcome the limitations of liberalism. To study that problem, this article focuses on Roberto Unger's writings, mainly because he is a well-known member of Critical Legal Studies Movement which has criticized the liberalism.
Today, the harmful effects of neo-liberalism are extending all over the world. The social democratic programs against those effects have been started to accept elements of neo-liberalism. Ultimately, social democracy comes to loose its sight of the original ideal. Most social theories, however, have not been able to suggest credible alternatives. Consequently, social theory that can play a role as an alternative theory is urgently necessary.
Up to these days, it has been regarded that legal theories contribute to the social stability. Accordingly, most legal theorists have been interested much more in “the law which rationalize the harsh realities" than “the law which behave." Nevertheless, the law has played very important role in making or changing social structure, and perhaps it will probably do. On account of these reasons, the new method for legal analysis comes to be indispensable.
Unger suggests “anti-necessitarian social theory" as an alternative theory to overcome above circumstances. In that social theory, he proposes the programs to break through both neo-liberalism and social democracy, and these programs are designed for “empowered democracy." Programatic alternatives that Unger sets up, when compared with other social theories' alternatives, have speciality in the aspects of their dynamic character. The core motive of his social theory is to get over the “false necessity" of structures and institutions. Unger's legal theory gives a concrete form to his social theory above. He criticizes the legal analyzing methods producing false necessity. Unger calls these legal methods “rationalizing legal analysis." He also suggests “institutional imagination" that can surmount rationalizing legal analysis. The main subject of this article is this Legal Analysis as Institutional Imagination.
Unger's social theory and legal theory present us a shining future. The method, “institutional imagination" can be connected to “academics of legislation" or “legisprudence" that is getting more important in the post-liberal society. His theories also have important meanings relating to Korean legal and political situations. | 법학 | null | kci_detailed_000150.xml | |||
ART001220047 | oai_dc | 한 성찰적 지식인의 사회참여-양건, 「우리는 어디로 가고 있는가?」백산서당, 2007- | Where are we heading for?(kun Yang, 2007) | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김재원(성균관대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART001220044 | oai_dc | 욕망,담론,법 | Desire, Discourse, and law | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"한상수(인제대학교)"
] | This article aims to examine the relationship of desire, discourse, and law and establish the ontological basis of law. According to Spinoza's concept of conatus, desire is defined as human disposition to maintain the persistence of his/her existence. Desire is the ontological basis of human being. Human desire the contradictory characteristics of productivity and destructivity. To be fulfilled in the social space, human desire must be articulated in the form of language or sign. Discourse is language or sign as social practice determined by social structures. Actual discourse is determined by socially constituted orders of discourse, sets of conventions associated with social institutions. Discourse has effects upon social structures and so contributes to social continuity and social change. As far as human desire is concerned, discourse is the most important means by which human desire is expressed in a concrete form. As a sovereign type of discourse, legal discourse can be classified into three categories of legislative, administrative, and judicial discourse by way of the principle of separation of powers. Legal discourse in the aspect of intradiscourse has its own lexicon and semantic structure. In addition, legal discourse in the aspect of interdiscourse has the effect of excluding, revising, or accepting human desire in terms of legality. In the course of legal process, some human desires are legalized as a category of legal rights or interests. Other human desires are regulated and controlled by the provisions of criminal law or torts. | 법학 | null | kci_detailed_000150.xml | |||
ART001220045 | oai_dc | 소비자단체소송의 도입과 전망 | A Study on the Introduction of the Verbandsklage into Consumer Disputes | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"임상혁(숭실대학교)"
] | In Korean society, there has been criticisms against the means taken for consumer damages because the current measures such as civil law, civil procedure, and commerce law do not paly a proper role. Especially when those damages happened to a great many people but each damage is too small to be claimed, those people have difficulty in receiving the proper compensation due to lack of adequate lawsuit system. The introduction of Verbandsklage and class action has been argued for that reason. Regarding stocks the class action has been already introduced and the Verbandsklage is operated next year.
The Verbandsklage is that a certain organization files a lawsuit for the sake of the public. That organization means a body which law stipulates that has the right to file a lawsuit as a legal representative. Therefore it isn't a sufferer. That organization that have been registered in the Fair Trade Commission for more than three years and have more than ten thousand regular members, can institute a lawsuit.
However, the roles of those groups are confined in that they cannot file a lawsuit against compensations for consumer damages. They can only request that the court should stop the illegal actions of companies that caused the consumer damages. But actually among continuing infringements by companies few violences may be prevented. When the organization don't sue, consumers cannot bring a Verbandsklage for themselves. For the activation of the Verbandsklage, the efforts by consumer's groups are highly required. | 법학 | null | kci_detailed_000150.xml | |||
ART001220041 | oai_dc | Seniority, Confucianism, and the Training Programs for Judges and Prosecutors in Taiwan | Seniority, Confucianism, and the Training Programs for Judges and Prosecutors in Taiwan | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"Shu-chin Grace Kuo(郭書琴)(대만국립중정대학교)"
] | ‘법학이수자(law person)’라는 개념은 대학에서 법 및 법추론에 대한 기본적 지식과 기술을 연마한 뒤, 법률가의 자격을 갖추기 위한 과정을 거치지 않은 채, 각종 회사 등에서 법률업무에 종사하는 사람들을 일컫는다. ‘법학이수자’들/‘법적 엘리트’들이 어떻게 법률가집단을 형성하고 사법적 문화에 영향을 끼치는가는 최근 법사회학적 연구의 중요한 주제가 되어 왔다. 필자는 이 글에서 ‘법학이수자’들을 대상으로 선정한 뒤, 이들이 판검사라는 법률가집단 내부의 특정그룹을 어떻게 형성해 가는가를, 특히 대만 판검사연수소의 수습기간에 초점을 맞추어 살펴보고자 한다. 필자는 무엇보다 판검사연수소의 수습기간 동안 이들에게 어떤 종류의 법지식이 생산되고 또 강조되는가를 검토하고자 시도할 것이다. 또한 필자는 수습기간 동안 판검사직에 관련하여 어떤 종류의 법률가로서의 직업적 정체성이 만들어지는지를 검토할 것이다. 마지막으로 필자는 판검사연수소에서 어떤 사법적 문화가 형성되며, 나아가 사법연수소의 문화가 오늘날 대만의 법시스템 및 법률가집단 전체에 어떤 영향을 끼치고 있는지를 토론하고자 한다. | 법학 | null | kci_detailed_000150.xml | |||
ART001220043 | oai_dc | 근대 입헌주의 수용의 비교헌법사-개화기 ‘원시 헌법문서’분석을 중심으로- | Korea's Experience to "Modern Constitutional State" -Some Primitive Constitutions in the Late 19th Century | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"신우철(중앙대학교)"
] | “When did we Koreans first build a modern constitutional state?” The question has recently provoked heated arguments among Korean scholars. In order to answer the question, I examine some “ur-constitutional” documents in the late 19th century of Korea, such as Cheongryeong(Governmental Order)(1884) of the Kapsin Coup, Hongbeom(Great Norm)(1895) of the Kabo Reform, Heonyi(Six Articles[Charter]) (1898) of the Independence Club, Kukje(State Institution)(1899) of the Taehan Empire. In Chapter I, I trace the origin of Korean constitutionalism and find that the Observation Report of Meiji Japan(1881) and some editorials of the Hansong Sunbo(1884) played important roles. In Chater II, I compare the 14 articles of Cheongryeong with the similar documents of Meij Japan. Although Cheongryeong has, in spite of its partial similarities to Japanese documents, the substantial originality as a constitutional charter, the “3-day paper cabinet” of the failed coup can hardly be taken for the first constitutional government of Korea. In Chapter III, I find out clear similarities between 14 articles of Hongbeom and Reform Request of Envoy Inoue(1894). After all the efforts to establish a modern constitutional state, Hongbeom, suffered the lack of sovereignty, can't be considered as the first “Korean” Constitution. In Chapter IV and V, I analyse the 6 articles of Heonyi, the 10 articles of Kukje and find that both documents can't be taken as the beginning of the Korean constitutionalism, because the former is lacking “state-governmental” character, the latter is lacking “citizen-democratic” character. In Chapter VI, I conclude that the very blooming of the “constitutional flower” was Ymsiheonjang (Provisional Charter)(1919) of the Shanghai Provisional Government, and describe the “provisional” features of the early Korean constitutionalism as “constitutionalism without sovereignty,” “democracy without demos” and “separation of powers without state-power.” | 법학 | null | kci_detailed_000150.xml | |||
ART001220040 | oai_dc | Legal Sociology in Japan: Quset for the ＂Social＂ in Law | Legal Sociology in Japan: Quset for the "Social" in Law | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"Takao Tanase(棚瀨孝雄)(일본중앙대학교)"
] | 이 글에서 필자인 다나세 교수는 일본에서 법사회학의 발전과정을 개관하고 일본에서 법사회학이 어떤 문제들과 씨름해 왔는지를 자기의 경험을 중심으로 소개함으로써 한국의 독자들에게 일본 법사회학의 성과와 현황을 알리고자 한다. 다나세 교수는 법 공부의 대상을 규범(N), 과정(P), 기능(F)으로 구분하고 그 중 법사회학은 과정을 탐구하는 학문임을 강조한다. 그가 법사회학의 자리매김에 대해 유난히 고심하는 것은 로스쿨 체제가 도입되었지만 여전히 사법시험 합격률이 낮은 상태에서 법사회학이 위축될 수밖에 없는 일본의 현실을 반영한다. 그러한 상황에서 법사회학이 어떤 도움을 줄 것인지를 제시하는 것은 현실적으로 절실하다. 필자는 법과정 분석이 법해석에 대한 분석을 포함하며, 이를 통해 법사회학과 해석법학이 소통할 수 있음을 강조한다.
다나세 교수는 스승인 가와시마 다케요시의 문제의식을 계승하면서 그의 방법론을 극복해온 자기의 연구경험들을 소개한다. 법과 근대화의 문제는 가와시마와 당대의 학자들이 씨름해온 중심 주제로서, 필자는 중개(mediation, 여기에서는 조정을 뜻하는 용어로 사용한 듯함) 절차와 법률가집단 연구, 교통사고 및 아스베스토스로 인한 산업재해 분쟁 등을 소재로 한 연구를 통해 법과정에서 나타나는 일본의 특수성을 가와시마의 마르크스주의적 단계론과 결합한 법의식 논의와는 다른 방식으로 설명하고자 한다. 일본의 낮은 소송률을 설명하는 그의 관리(management) 모델은 일본의 분쟁해결 연구에서 주목되는 관점인바, 이 글에서 그에 대한 짤막한 소개를 볼 수 있다.
법에서 ‘사회적인 것(the social)’을 찾고자 하는 필자는 법해석 과정에서 나타나는 공동체주의의 요소를 검출하고자 한다. 그는 불법행위 분쟁을 해결할 때 당사자들이 궁극적으로 도달하게 되는 공동체의 공유된 정의관념에 주목한다. 또 그는 헌법이 공동체의 의지를 반영하고 공동체의 복리를 추구하고 있음을 지적하면서, 법이 어떻게 자율성과 연대성을 결합하고 있는지 보여주고자 한다. 필자는 또한 이혼부모의 면접교섭권 및 장기적인 계약관계에 대한 비교연구를 통해 법의 사회문화적 배경을 드러내는 법사회학의 고유한 과제를 수행해온 자기의 경험을 짤막하게 소개한다.
마지막으로 다나세 교수는 사법기구와 과정에 대한 탐구를 언급한다. 그는 사법부가 법의 자율성을 확보하면서 사회로부터 정당성을 확보하기 위해 사회와 소통하는 것을 필요로 함을 강조하면서 후자를 실현하기 위한 일본의 제도인 재판원제도를 거론한다. 재판원의 권한이 제한되어 있고 공중과 법률가집단의 관심도 적다는 그의 지적은 특히 관심을 끄는 대목이다. 그는 사법부의 관료적 성격을 교정하기 위한 많은 개혁이 이루어지고 있지만 그 성과는 아직 평가되지 못했고 그에 대한 대중의 관심도 적다고 말하면서, 일본 사법부가 국민으로부터 민주적 동력을 얻는 데 성과를 거두지 못하고 있음을 개탄한다. 그리고 문화와 사회 속에 위치하는 총체로서의 법체계와 사법체계를 비판적으로 분석하는 법사회학의 과제를 제시 한다. | 법학 | null | kci_detailed_000150.xml | |||
ART001220039 | oai_dc | 법학전문대학원 교육의 내용과 방법 | What and How to Be Taught in Korean Law Schools? | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김창록(경북대학교); 김종철(연세대학교); 이국운(한동대학교)"
] | This essay is based upon an Introduction to the Research Report for Korean Law School Education organized by the Korea Law Professors' Association. The main purpose of this collaborate essay is to fill the gap between the ideal that we need new contents and methods in legal education in the wake of the passage of the Korean Law School Act and the reality that there would be no feasible prospect and agreement in what can be taught and how to teach in a new legal education system.
This short essay itself cannot be a resolution to the disarrayed future of Korean Law School education. Its humble concern is to make a starting point for public discussion with regard to the software of the new legal education. In so doing, the authors try to raise four points. Firstly, Korean Law School is not merely a substitution of legal training institute for lawyers. Secondly, legal education in Korean Law School should pursue the better connection between theory and practice in law. Thirdly, although autonomy and competition among law schools is the best way of successful launching of the new system, the minimum requirement for curriculum and educational methods may be suggested in order to accomplish the end of a new legal education system, that is, production of lawyers with reasonable professionality. Fourthly, both consistent financial, institutional support and eagerness of teachers in law school education are vital in developing new contents and methods in legal education. | 법학 | null | kci_detailed_000150.xml | |||
ART001220038 | oai_dc | 법률가 직역확대에 따른 필요 법률가 수 | Estimated Number of Lawyers Currently Demanded in Korean Society | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김도현(동국대학교)"
] | Almost all practicing lawyers being engaged in litigation services, in-house counsellors such as government or corporate lawyers are only rarely found in Korean society, despite large amount of expected demand for non-litigation legal services. In this context of job distribution of legal professionals, I tried to estimate the number of lawyers currently demanded in Korea, especially focusing on the need for expanded range of lawyers' job.
First, the number of lawyers needed for litigation services is estimated at more than 50,000. This number has been derived from comparison of the litigation volume in Korea with that of Japan, considering Japanese rate of lawyer representation. Lest lawyers' income drop too much, however, I have adjusted this number to 36,400 on the ground of the income level of Japanese lawyers. Secondly, the number of lawyers needed for non-litigation legal services has been estimated at 17,750 through the comparison of Korean statistic on employees in each industrial field with that of UnitedStates, considering the number of employed U.S. lawyers in each field as well.
In the aggregate of estimations in both areas of legal services, I came to a conclusion that in Korean society at least 54,000 lawyers are needed at the time of this writing. This number certainly does not comprise the demand for judicial judges. Considering existing number of Korean practicing lawyers (over 8,000 in 2007), it would take more than fifteen years to reach the currently required level even if we produce more than 3,000 new-fledged lawyers each year. | 법학 | null | kci_detailed_000150.xml | |||
ART001192941 | oai_dc | 한국의 법문화에 대한 이론적석한국의 법문화-인식변화, 나남출판, 2006- | Theoretical & Empirical Analysis of Korean Legal Culture-Kim, Jeongoh, Korean Legal Culture: Understanding, Structure and Change | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"양천수(영남대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART001066424 | oai_dc | 87년 체제 이후 노동관계법화와 전망 | Changes in Labour Relations System since “1987 Labour Regime” | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이승욱(이화여자대학교)"
] | “1987 Labour Regime" was shaped by the massive uprising of the employees from July to September in 1987, followed by “June civil revolution" of that year. It can be characterized by the emerging new labour movement which was led by male manual full-time workers for heavy industry companies. As, before “1987 Labour Regime", the government had restraint free labour movement through direct interventions in industrial relations, “1987 Labour Regime" was the turning point to achieve industrial democracy in enterprise level. As a result, the government was compelled to amend the evil labour legislation.
President Kim Young-sam was attempting a new experiment to amend labour legislation. He organized “the Committee to Reform Labour System" which was consisted of representatives of labour, employer, and experts. It was the first attempt to amend labour legislation to reflect the voices of the interested parties in Korean labour history. Although it could not succeed in achieving agreements between the parties, it made some progress towards self-determination in policy-making level. The lessons about the institutionalization of collective voice in policy-making were succeeded by President Kim Dae-joong. He established “Korean Tripartite Commission" which was composed of labour representatives, employer representatives, and government representatives. Now the labour side could directly contact with government regarding labour issues.
As we can see from the development of the process for amending labour legislation, changes in labour relations system since “1987 Labour Regime" can be characterized by the expansion of self-determination by the concerned parties, especially labour sides. Although directly after 1987, the self-determination by the labour unionism remained in enterprise level, it have been expanded its scope by participating in policy-making level. | 법학 | null | kci_detailed_000150.xml | |||
ART001192940 | oai_dc | 동성 간의 혼인에 관한 판례연구-미국 매사츠세츠주 굿리지 사건을 중심으로- | A Study on Same-Sex Marriage in the United States-For the analysis of Goodridge v. Department of Public Health in Massachusetts- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"윤진숙(숭실대학교)"
] | It is becoming a very important issue in Korea whether a same-sex couple can legally marry, so it is helpful to review and analyze the first ruling on this issue in the as ruled in Massachusetts supreme court in the United States in 2003. Most of the American states have been seriously considering whether same-sex marriage should be allowed in their states, but U.S Supreme Court has yet to recognize same sex marriage as legitimate definition for marriage.
The case in Massachusetts is meaningful because it carefully reviewed and redefined the history and meaning of marriage. The Supreme Judicial Court of Massachusetts at Goodridge v. Department of Public Health held that the state can issue marriage licenses to same-sex applicants on the basis that a favorable setting for procreation did not afford a rational basis prohibition on the issue of marriage licenses to same-sex applicants.
Discrimination against same-sex couples should therefore be reconsidered because they should be protected in the name of human rights of a sexual minority. If one cannot control one’s sexual orientation as an irresistible manifestation and so wants to become married with a same sex person as a result, it is proper to recognize their marriage as legitimate so that they can obtain all the privileges that go with a legal marriage. It also accords with the constitutional provision of equal protection before the law, the assurance of human dignity and the right to pursue happiness. | 법학 | null | kci_detailed_000150.xml | |||
ART001066436 | oai_dc | 16대 국회 보건복지위원회의 법안 가결에 관한 연결망 분석 -의원들의 중개자 역할이 법안 가결여부에 미치는 영향- | A Network Analysis of the Legislative Bill Adoption in the 16th Congress in Korea | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"염유식(연세대학교)"
] | This study examined the effects of cosponsorship network on the process of legislative bill adoption at the standing committee of Public Health and Social Welfare in the 16th congress in Korea. It revealed the strong and systematic effect of brokearage position in the cosponsorship network even after controlling for individual attributes of congressmen such as age, sex, party membership, and the number of getting elected. Not all types of brorkeage, however, had influence on the adoption. Two types of brokers, coordinator and representative, showed strong effec on the bill adoption while the other two types, itinerant and liason, did not. In other words, in order for the brokerage to have effect, at least one of the ties of the broker must have the identical party membership of the broker. Furthermore, the effect was positive on the adoption in the first half of the 16th congress while it turned into negative in the second half. I believe as tensions and power struggles between paries and policitcal coalitions intensified in the latter half of the 16th congress, which finally led to the first impeachment of the incumbent president in history, brokers not only lost their advantage but also were tagged as opportunists with strong stigma and thus had negative effects on the bill adoption. | 법학 | null | kci_detailed_000150.xml | |||
ART001067124 | oai_dc | 통신산업에서 경쟁정책의 실현과 통신법체계 개선의 모색 | The Realization of Competition Policy in Electronic Communications Industry and the Reformation of Legal System of Communications Law | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"홍명수(명지대학교)"
] | Electronic communicaitons industry has been rapidly privatized and liberalized for a couple of decades, but regulations in communications law could not still be avoided. Because there are requirements about positive policies to realize a effective competition in electronic communications industry under the circumstance, where competition order has not been built.
But such regulations must be different from the traditional regulations in communicaitons law, and justified within the framework of competition. Furthermore the regal system of communications law must be reformed for the purpose of the building of competition order. In this context it is very important to examine the definition of relevant market in electronic communications industry and present a new understanding about the concept of common carrier through the analysis of significant market power. | 법학 | null | kci_detailed_000150.xml | |||
ART001066892 | oai_dc | 대한민국임시정부 헌법과 1948년헌법 | The Constitution of the Provisional Government of the Republic of Korea and the Constitution of 1948 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"정상우(인하대학교)"
] | After the liberation, there was a domestic demand for the united front between nationalism and socialism, so there was also a room for Korean provisional government to widen its scope of activity. But the Moscow Agreement divided the political power into right wing and left wing according to their standpoint for the trusteeship. In early 1946, Rhee Syngman and Kim Koo organized the Emergent National Congress and apponited 28 Supreme political Committeemen(‘The Korean Representative Democratic Council of South Korea’). And a temporary constitution made by KRDCSK reflected the Constitution of the Provisional Government of the Republic of Korea.
When the SKILA was formed, the right party’s Interim Constitution of South Korea(what is called ‘Saw Sang-Il's bill) and the Center Group’s Draft by the constitutional Committee(what is called Kim Boong-Joon's bill) competed with each other but they unified and concretized in ‘Temporary Constitution of Korea'(朝鮮臨時約憲).
But as US-USSR Joint Commission was broken off, the issue of Korean problem was transferred to UN and passed the UN Security Council. And South Korea held a general election with Hankook Democratic Party and Dr. Rhee’s force. And the national assembly established the Korean Constitution. But The Constitution of the Provisional Government of the Republic of Korea could not exercise its influence directly over the Constitution of 1948 because many of the Center Group did not take part in general election in 10 May. | 법학 | null | kci_detailed_000150.xml | |||
ART001067122 | oai_dc | 한미FTA상의 투자자국가제소제와 우리 헌법 -그 위헌성을 중심으로- | The Challenge to Constitutionalism of the New World Trade Regime-Some Critics on the Investor-State Dispute Settlement System of the KORUS FTA- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"한상희(건국대학교)"
] | This paper tries to prove the Neo-constitutionalism in new world trade regime will infringe so many significant ideals of the constitutionalism of nation states in order to make so much free space for transnational capitals to move all over the world. The most exemplary case is that of the Investor-State Dispute Settlement (ISD) system, which has been adopted in FTA's made by U.S. The ISD was originally introduced as a dispute resolution method in BIT's. Since it was combined with FTA in the NAFTA, it has construed one of the most powerful mechanism to enforce obligatory provisions of investment agreements and to protect transnational capitals.
The first legal challenge to such ISD system was made in Canada. The petitioners have argued that ISD sould be declaired as unconstitutional because it impaired Canadian constitutionalism, infringed the judicial souvereignty, and denied human rights which was guaranteed by the Bill of Rights. The Superior Court has rejected such argument and the appellate court has affirmed that decision on ground that the NAFTA was not domestically binding legal norms, but only internationally valid norm.
Such holding of the Canadian courts shall not be valid in Korean legal system, where international legal norms can automatically be applied with same effects and forces as municipal law made under Korean Constitution. Rather, the petitioners' arguments shall be much more salient and plausible in Korean legal system. This paper analyses those arguments in details. In addition, the constitutional orientations toward so called Sozialstaat, under which Korean government should implement several constitutional obiligations and mandates, if necessary, at the sacrifice of private properties. Neo-liberalism shall be no more compatible with Korean cosntitutionalism than ISD be with Korean social market economy system under chapter 9 of the Korean Constitution.
Surely this paper is written from a kind of partisan perspective against KORUS FTA. But such political bias can be legitimated when the ideal of Korean constitutionalism toward human rights is taken into account: It is the ISD that seriously impairs human rights protection system and destroy public virtu guaranteed by the constitution. | 법학 | null | kci_detailed_000150.xml | |||
ART001066423 | oai_dc | 한국의 자유민주적 기본질서의 평가와 과제 | A Critical Assessment of Liberal Democratic Order and Some Suggestions toward its Reform | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"오병선(서강대학교)"
] | This essay aims at investigating the recent development of Korean constitutional order and suggesting some tasks toward establishing a better constitutional justice in liberal democratic order. Although a remarkable progress of legal institutions in Korea since its revolutionary transformation of constitutional order in 1987, the overall record of democracy and the rule of law is not yet reached to the level of advanced state. The reasons why democracy and the rule of law in contemporary Korean society are not appraised as being adequately developed compared to the current level of other social sphere such as industrial and economic development may be summarized as follows. Firstly, disorderly conflicting state of values due to prevalent value-pluralism in contemporary society cause people to feel embarrassed and confused in recognizing what kind of norms to be set toward a desirable path of life. This kind of unstable and confusing state of norm system let people to pursue their own preferred means of life only conducive to their own personal interests. Secondly, excessive rights struggle among people to secure the material interest for the personal or group welfare results in the negligence of respecting the personality of human-being and the value of life. Thirdly, lack of developed and sophisticated process and insufficient number of professionals in the field of legislation distort the goal of democratic representative system only entailing the discontents among people in the legislative process. Fourthly, also the lack of sophistication and immature jurisprudence in adjudication may cause a distrust among people toward a particular decision for the controversial case or the entire operation of judicial system. This arises frequently from a way of legal interpretation focusing only the narrow textual meaning neglecting the historical background, context or the purpose of legislation. Sometimes the disposition of judges leaning toward the political interest of the executive branch distorts the value of neutral procedure of adjudication and the legitimate process toward achieving the justice according to law.
In order to ameliorate the current flaws in constitutional orders and the operation of law this research particularly pinpoints several salient areas of legal problem. The task to be suggested would be a movement toward the transformation of the current oppressed nature of legal system into a greater responsive one. Firstly, prevailing trend of separation of law from morals in interpreting law should be transformed to an integrative approach connecting law with morals. This shift in the perspective of judges from a legal positivist approach to a natural law approach would facilitate to tackle the many difficult issues currently rampant in the society from diverse realms of life. Secondly, the ideas of justice and the common good and the value of life should be elevated to the realm of supreme values to be achieved in the adjudicative process as well as legislative deliberation. The above transformation in the operation of legal norm and order may be implemented in the establishment of neutral and fair stance of judges independent from political influence and the shifting emphasis in jurisprudence toward a value-oriented natural law approach and the principle of civic republicanism. The principle of civic republicanism with the emphasis of public reason and civic virtue may be fulfilled by reconstructing a public philosophy appropriate to Korean context as well as its people. | 법학 | null | kci_detailed_000150.xml | |||
ART001066437 | oai_dc | 일본 공무원노조의 단결권제도와 시사점 | Japanese Public Officials' Trade Union System and Implication to Korea -focused on the right to organize the union- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김재훈(서일대학)"
] | The purpose of this paper is to review Japanese public officials' trade union system and to propose the institutional remedy of Korean public officials' trade union system focused on the right to organize the union.
The organizing unit of Korean public officials' trade union is restricted. With the following organizing units, the trade union can be established : the National Assembly, Courts, the Constitutional Court, the National Election Commission, the Administration, local governments and local education offices of special metropolitan city, metropolitan city and province. So the branch trade union less than this organizing units could not have the right of collective bargaining.
Referring to the qualification of trade union member, only public official can be the member. But this can be the point at issue from the point of freedom of association. In Japan the director of public officials' trade union can be elected from non-public official in accordance with international standard.
In Korea the several categories of public officials are restricted from joining a trade union due to the nature of their job or grade. The concrete standard on this matter is prescribed by the Presidential Decree. However the concrete basis should be made by neutral organization. In Japan it is settled by the labor commissions.
And the substantial criteria about the scope of restriction should be made from the view point of independence of trade union and the special character of public officials. So the standard of restricted public officials should be made as following: the public officials at the supervisory post having access to confidential information relating to the government's labor relations plans and policies so that their official duties and obligations directly conflict with their loyalties and obligations as members of the union concerned. | 법학 | null | kci_detailed_000150.xml | |||
ART001066438 | oai_dc | 병역거부에 대한 반응양상 | Social Reaction to Conscientious Refusal | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이재승(전남대학교)"
] | Over 12,000 conscientious objectors(COs) have been punished for violations of military criminal act or military duty act in Korea. This criminality policy has been a target of the vehement attacks of human rights workers, Human Rights Committee and international civil societies.
Since 1987, Korea has been in transition from the authoritarian regime to democracy. Human rights movements have done their best to deconstruct the oppressive political ideologies. But the COs did not gain final legal recognition from the National Assembly or court yet. Furthermore, a greater part of the Korean people has irreducible antipathy towards the COs.
This article aims at clarifying some cultural and political backgrounds of the antipathy towards Cos. Performance of the military duty is usually regarded as an element of national identity or citizenship. Though freedom of conscience is declared in the constitution, conscience doesn't have any dimension of individual freedom in affairs of the military service. Conscience is stylized as a social fact or conscience collective in the sense of E. Durkheim.
This article confirmed various anti-liberal elements in the traditional cultures, uniform egalitarianism of both dominant culture and its countervailing culture, deification of the army through the Korea War, religious conservatism and patriotism. The antiliberal or illiberal code standardizes different consciences of the individuals and oppresses the revolting consciences of the minorities.
Most veterans feel a deep-rooted hatred of the COs on some accounts. Poor conditions of the military service and veteran's blind etatism or egalitarianism cause or aggravate discrimination of the COs. If the Korean Government would introduce the alternative service system for the COs successfully, then it should take the measures to radically reform the environments of the military service simultaneously. | 법학 | null | kci_detailed_000150.xml | |||
ART001066434 | oai_dc | 1987년 이후 가족법의 변화에 관한 법사회학적 고찰 | A Sociological Review of Family Law in Korea after ‘Democratization' in 1987 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"양현아(서울대학교)"
] | In which sense and degree, has democratization in Korean society left influence on family and family law? Based upon two times of revised statute of family law in Korea, that were the revisions in 1989 and 2005, this essay pursues an inquiry that examines the nature of relationship between law and society. In detail, the study problematizes five themes as follows: First theme is the meaning of gender equality as protected as a fundamental right in the Constitution of Korea. Right and value of gender equality have been well realized especially in the 1989 revision. The essay also examines how gender equality was substantiated in the context of a Constitutional case on Family-head system particularly in relation with ‘tradition.' Second, there have been rapid and enormous changes in the Korean family in respects of divorce, remarriage, low birth rate, etc. How are there family realties accommodated in the family law especially in the statute revised in 2005? The study examines this question in terms of relationship between the state, family and individuals.
Third, another critical topic in the current Korean family would be the issue of ‘care' as works and ethics. How would the state and society evaluate and redistribute the care work that used be allocated in the family and mostly done by women? In the context of increase in divorce and aged population, such question becomes more and more critical as a principle as well as a task of the family policy.
Fourth, the relationship between democratization and ‘private sphere' would be one the most important theoretical question in this essay. While discussing Western feminist scholars' engagement in the split of public and private sphere, and reevaluation of the privacy, I rather stress the importance of locating this issue in the context of Korean society and history.
Fifth, in relation, the essay mobilizes the postcolonial theorization of the law and society during and after colonialism. In so doing, the study raises the question if the social space of family/kin in Korea has been tantamount to the ‘private sphere' in the West. Rather, the study suggests that it has been the area of tradition and custom that has been incessantly constructed throughout Korean history. Particularly, it emphasizes importance of facing colonialism embedded in the custom and tradition in Korea, as the critical historical moment when the notion has encountered with modern law and thus been frozen.
In so doing, a feminist sociological review of the family law re-discovers the lighted and shadowed area of ‘democratization' in Korea. | 법학 | null | kci_detailed_000150.xml | |||
ART001066435 | oai_dc | 형사사법과 인권 분야에서 민주화와 법치화의 추세(1987~2007) | From the Military Regime to the Constitutional Criminal Justice since the 1987 Democratic Uprising | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"한인섭(서울대학교)"
] | The 1987 Civil Uprising was a turning point away from the age of authoritarian regime which had dominated the Korean civil society. Military government gave up its iron fists, and democratic transition has been on the process. Now, Korea consolidated its democratic institutions, and the check-and-balance system between power organs has been worked.
In the field of criminal justice, the first target was to secure the judicial independence from the power politics. The social control agencies based on the rationale of national security has lost their extraordinary power. Torture and illegal arrest have been withered. Political abuse of death penalty was an ancient episode, and now its execution has been suspended since 1998. The most conspicuous change happened in the sphere of detention and imprisonment. The abuse of detention was diminished, and the rate of imprisonment was gradually diminished. When a citizen wants to make a complaint, (s)he finds that much more judicial remedies are now available: a constitutional complaint, a petition to the Minister of Justice, and a complaint to the National Human Rights Institution.
So far as the “manifest" human rights issues are concerned, one can safely say that Koreans are now living in a quite different world compared with the twenty years ago. On the other hand, human rights for minority has been little advanced. Religious minority like “conscientious objection to the militiary service" go to the prison. Hebeas corpus has yet to widen its scope of implementation to the various private sectors of internment. We can say the more conspicuous advances has been recorded in the sphere of the violations of human rights, but there remains a long way to achieve the better conditions for the minority in its various meaning. One alternative is to develop more plural democracy based on the principle of tolerance and diversity. | 법학 | null | kci_detailed_000150.xml | |||
ART000855441 | oai_dc | 지방자치와 법치주의- 분권적 법치국가시스템을 지향하며 - | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"문상덕(한림대학교)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000855443 | oai_dc | 일본의 법학교육 · 법률가 양성제도의 개혁：경과와 내용 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김창록(부산대학교)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000855444 | oai_dc | 법학교육과 법률가양성제도 개혁의 방향：개혁의 하드웨어적 측면 | A Case for Reform in Legal Education and Lawyer Training System in Korea | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김종철(연세대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855445 | oai_dc | 법조인양성제도의 개혁：법학교육의 소프트웨어를 중심으로 | For Reforming Korean Legal Education System：the Software of Legal Education | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김정오(연세대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855446 | oai_dc | 「권승렬안」에 관한 연구 | A Study on the Gweon-Seungyeol’s Draft(權承烈案) | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이영록(조선대학교)"
] | 「권승렬안」은 전반적으로 기본권에 대한 소극적 태도를 견지하면서, 상대적으로 치안의 확보나 도덕 혹은 풍속의 보호를 중요시했다고 말할 수 있다.3. 행정부의 독립 강화 | 법학 | null | kci_detailed_000150.xml | |||
ART000855451 | oai_dc | 유전자검사의 법적 문제 | Legal Issues in Genetic Testing | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"정규원(한양대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855452 | oai_dc | ILO 강제근로금지협약에 비추어 본 일본군위안부제도의 적법성 | The Illegality of So-called “Comfort Women” in the light of ILO’s Forced Labour Convention 1930 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이승욱(이화여자대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855453 | oai_dc | 민사소송법 개정의 특징과 미완의 과제 | Reform of Civil Procedure Act and its unsolved pro- blems | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"한충수(한양대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855369 | oai_dc | 인간유전체기능연구지침(안)의 윤리적 배경 | The Ethical Backgrounds of the Guideline for Genetic Research | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"임종식(가톨릭대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855370 | oai_dc | 비판범죄학의 문제영역에 대한 일 고찰－범죄의 원인과 범죄인의 성격논의를 중심으로－ | A Critical Review of Critical Criminology－Focused on the etiology and the nature of criminal population－ | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"안진(전남대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855371 | oai_dc | 미국 민사배심 개관 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"민상준(대법원)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000855534 | oai_dc | 국가기관에 의하여 강요된 재산헌납행위의 효력 | Die Wirksamkeit der durch Staatsgewalt gezwungenen Stiftung des privaten Eigentums | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"권대우(혹익대)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855535 | oai_dc | 이행기의 정의 | Transitional Justice | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이재승(국민대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855536 | oai_dc | 삼청교육대의 위법성과 민사상 배상 | Tortious Liabilities around the Samcheong’gyo’yugdae Case | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"임상혁(대구카톨릭대)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855537 | oai_dc | ‘텍스트’로서의 헌법 －헌법전의 계량언어학적 비교분석－ | Constitution as ‘Text’－A Comparative Study with Language Statistics | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"신우철(중앙대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855538 | oai_dc | 정치적 민주화와 정치범에 대한 처벌의 변화－1960년대～1980년대 한국 상황을 중심으로－ | The Democratization of Koreaand the Changes of Punishmentsto the Political Dissidents | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"최정기(전남대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855539 | oai_dc | 취업규칙의 불이익변경과 사회통념상의 합리성 | The Rules of Employment Modified Unfavorably and the Rationality within Social Common Idea | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이달휴(경북대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855540 | oai_dc | 이자제한을 위한 바람직한 입법방향 | A Study on Reasonable Methodof the Interest Regulation | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"신인주(한동대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855541 | oai_dc | 청소년유해매체물의 전자적 표시제도에 관한 연구 | A Constitutional Study on the Electronic Labelling of Harmful-to-minor Content | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"황성기(한양대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART000855542 | oai_dc | 재외동포법의 헌법적 평가：헌법재판소의 결정을 중심으로 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이철우(연세대학교)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000855543 | oai_dc | “생명윤리및안전에관한법률안”에 대한 검토 | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"정규원(한양대학교)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART000855544 | oai_dc | 대만 「戒嚴時期不當叛亂？(및)匪諜審判案件補償條例」 연구－그 성립과 개정을 둘러싸고－ | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"서승(일본 立命館大學)"
] | 법학 | null | kci_detailed_000150.xml | |||||
ART001034422 | oai_dc | 개발사업과 개발이익의 사적전취를 통한 자산의 양극화의 심화 | Land Development and Social Polarization | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김남근(참여연대)"
] | Land Development and Social Polarization | 법학 | null | kci_detailed_000150.xml | |||
ART001034417 | oai_dc | 합리성 개념의 분화와 충돌를 중심으로 하여 | Ausdifferenzierung des Rationalitaetsbegriffs und der Rationalitaetenkollisionen | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"양천수(영남대학교)"
] | Ausdifferenzierung des Rationalitaetsbegriffs und der Rationalitaetenkollisionen | 법학 | null | kci_detailed_000150.xml | |||
ART001034573 | oai_dc | 상속의 한정승인의 요건과 효력정 이후 개정부칙과의 관계를 중심으로 | The Requisites and Effects of the Qualified Acceptance of Inheritance -In Relation to the Revised Addenda of Civil Law- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이혜진(동아대학교)"
] | The Requisites and Effects of the Qualified Acceptance of Inheritance-In Relation to the Revised Addenda of Civil Law- | 법학 | null | kci_detailed_000150.xml | |||
ART001034415 | oai_dc | 부패방지법 제정운동의 사례를 통해 살펴본 한국 시민입법운동의 동학(dynamics) | The Dynamics of Civil Legislation Movements in South Korea: Case Study of Anti-Corruption Act Legislation Movement | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"홍일표(이화여자대학교)"
] | The Dynamics of Civil Legislation Movements in South Korea: Case Study of Anti-Corruption Act Legislation Movement | 법학 | null | kci_detailed_000150.xml | |||
ART001034282 | oai_dc | 국민의 형사재판 참여에 관한 법률(안)에 대한 관견비교헌법사적 시각에서의 쟁점분석과 대안모색 | Some Thoughts on the Bill of Lay Participation in Criminal Trials: and Alternatives from a Constitutional Historian | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"신우철(중앙대학교)"
] | Some Thoughts on the Bill of Lay Participation in Criminal Trials: Critics and Alternatives from a Constitutional Historian | 법학 | null | kci_detailed_000150.xml | |||
ART001034571 | oai_dc | 한국 법관의 커리어 패턴 분석 | Career Patterns of the Korean Judges | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김도현(동국대학교)"
] | Career Patterns of the Korean Judges | 법학 | null | kci_detailed_000150.xml | |||
ART001034572 | oai_dc | 법과 우연성 | Law's Openness | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"오정진(부산대학교)"
] | Law's Openness | 법학 | null | kci_detailed_000150.xml | |||
ART001034574 | oai_dc | 사회복지시설생활인 인권보장을 위한 법제도 개선방안-사회복지시설 관련법제를중심으로 | A Study on the Reformation of the Legal System for the Human Rights of Residents in the Residential Care Facilities -Focusing on the Social Policy and the Laws Related the Residential Care- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"안진(전남대학교)"
] | A Study on the Reformation of the Legal System for the Human Rights of Residents in the Residential Care Facilities-Focusing on the Social Policy and the Laws Related the Residential Care- | 법학 | null | kci_detailed_000150.xml | |||
ART001034418 | oai_dc | 성전환(증)자에 대한 법학과 의학의 가교-대법원 2006.004스42 결정을 계기로 | Bridging of Law and Medical Science Regarding Transsexuals | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김민규(동아대학교)"
] | Bridging of Law and Medical Science Regarding Transsexuals | 법학 | null | kci_detailed_000150.xml | |||
ART001034419 | oai_dc | 칼 폴라니, ‘사회 안에 묻혀 있는 경제’를 말하다 | Let Economy be Embedded in Society: An Introduction to the Socioeconomic Theory of Karl Polanyi | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김재헌(부산대학교)"
] | 법학 | null | kci_detailed_000150.xml | ||||
ART001034416 | oai_dc | 협상을 통한 분쟁해결경제학의 관점 | Dispute Resolution Through Negotiationctives of Behavioral Law and Economics- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"고학수(연세대학교)"
] | Dispute Resolution Through Negotiation-Perspectives of Behavioral Law and Economics- | 법학 | null | kci_detailed_000150.xml | |||
ART001034423 | oai_dc | 서민금융의 현실과 신용소비자보호법제의 구축을 위한 시론 | An Essay on the Consumption Credit Conditions and the Establishment of the Credit Consumer Protection Laws in Korea | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이헌욱(법무법인 로텍)"
] | An Essay on the Consumption CreditConditions and the Establishment of theCredit Consumer Protection Laws in Korea | 법학 | null | kci_detailed_000150.xml | |||
ART001034421 | oai_dc | 헌법과 양극화에 대한 법적 대응 | Social Polarization and the Korean Constitutional Law | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김종철(연세대학교)"
] | Social Polarization and the Korean Constitutional Law | 법학 | null | kci_detailed_000150.xml | |||
ART001256163 | oai_dc | 조약의 국내법 수용에 관한 비판적 검토 | Critical Analysis of Cases regarding Domestic Effect of International Treaties | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"조용환(법무법인 지평 대표변호사)"
] | The status and effect of international law within the Korean legal system is determined by Article 6(1) of the Constitution of the Republic of Korea which states, “Treaties concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea.”
Following this monistic approach taken by the Constitution, treaties become a part of Korean law without having to undergo transformation of some sort. “Korean law” means laws enacted by the Korean legislature. Treaties have the same effect as Korean law. In the event there is a conflict between any treaty and laws enacted by the legislature, the position firmly taken by academic opinions, cases and the government is that the law made last in time and special laws prevail. We see how the foregoing position is implemented through the invalidation of municipal ordinances which are against the WTO Treaty or through cases which accept changes in criminal law and the application thereof relating to tax evasion pursuant to the WTO treaty.
However, new issues arose after the Republic of Korea ratified major human rights treaties in the 1990s. As Treaty Bodies established under human rights treaties started reviewing the State Party Reports of the Korean government and issued recommendations thereto and the Human Rights Committee issued its views on individual communications, it became apparent that certain existing domestic laws and policies were in contravention of certain human rights treaties. Therefore, some started to argue that certain existing cases should be amended based on the human rights treaties which were ratified.
This thesis compares and analyzes the judiciary’s analysis regarding treaty acceptance under Korean laws in general cases and cases relating to human rights.
As a general matter, the judiciary which shows an “exceptionally open attitude toward treaties” shows a tendency to limit the acceptance of human rights treaties.
The analyses of the Supreme Court of Korea and the Constitutional Court of Korea regarding the acceptance of human rights treaties are not consistent and their logic is difficult to understand. Human rights treaties are used to support certain issues while in other issues there is no mention of human rights treaties. It is difficult if not impossible to know by what standards the Courts determine which international human rights laws/standards are accepted into Korean law. Further, there are cases where the Courts refused to apply human rights treaties although there were strong views that human rights treaties should have been applied.
And even in cases where human rights treaties seem to have been accepted, instead of analyzing a certain human rights treaty and interpreting the Constitution and existing Korean laws in accordance therewith, courts have just analyzed the Constitution and existing Korean laws independently and used human rights treaties to supplement their argument by stating that a certain human rights treaty also support their conclusion.
Furthermore, the Supreme Court and the Constitutional Court have dismissed the views of Treaty Bodies by stating that they do not have the force of law but the Courts do not state their principles for interpreting human rights treaties.
In addition, Korean courts do not attempt to interpret the ordinary meaning of human rights treaties which have autonomous meanings independent from the legal systems of the parties thereto, but inversely interpret human rights treaties by applying the interpretation of existing Korean laws. This has resulted in inconsistent and arbitrary interpretations.
Courts should explain and justify their decisions through sound reasoning. Courts have the responsibility to persuade that their decisions of human rights treaties are reasonable and appropriate, and in accordance with the spirit of the Constitution and the purposes of the ratific... | 법학 | null | kci_detailed_000150.xml | |||
ART001256452 | oai_dc | 독점규제법상 리베이트 규제의 검토 | A Study of Regulations on A Rebate in Monopoly Regulation Act | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"홍명수(명지대학교)"
] | A rebate means that a seller of goods discounts the price to a buyer according to the contract or agreement between seller and buyer. A rebate could distort a partner's rational judgement and have an effect on continuance or enlargement of the trade relationship. The former could raise a problem about an unfair trade and the latter could become a major cause for the exclusion of competitors. In particular a fidelity rebate could increase the risks that the latter may bring about.
If a rebate will materialize these risks in a market, It is possible to regulate a rebate from the two points of view in monopoly regulation act. The regulations on a rebate as an unfair trade could be taken, based on clause 1, article 23, and the regulations on a rebate as misconduct of market dominant power could be taken, based on clause 1, article 3-2 in monopoly regulation act. Specially a rebate as misconduct of market dominant power could be treated from the point of view of an unreasonably interference in the business activities of other enterprises(3) or an engagement in unreasonable transaction to eliminate competitors(5).
Finally, an examination of the relationship between unfair trade and misconduct of market dominant power must be realized. | 법학 | null | kci_detailed_000150.xml | |||
ART001256167 | oai_dc | 영토와 인민의 대립과 통일 -재외국민참정권의 변증법- | Unity and Opposition between Territoriality and peopleness -The Dialectic of the Political Participation of External Citizens | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이철우(연세대학교)"
] | The study begins by questioning whether the principle of popular sovereignty encompasses the political participation of external citizens, a question which should have been taken more seriously in the 2007 Constitutional Court decisions on the constitutionality of disenfranchising overseas citizens in national and local elections and referenda. It canvasses worldwide national practices of external voting and the treatment of the issue by international law, and concludes that states are not obliged to guarantee the participation of external voters. The study examines the rationales for and against external voting, which are believed to reveal the motivations of, and the structural forces governing, nation-states in determining their boundaries of sovereign people and allocating political rights. In the concluding section, the essay discusses the politico-sociological implications of the political participation of external citizens, interpreting that the issue reveals a fundamental contradiction in the concept of the nation-state and the practices demonstrate the unity and opposition between territoriality and peopleness in the existence of the nation-state. | 법학 | null | kci_detailed_000150.xml | |||
ART001256160 | oai_dc | 선진헌법의 시대 -＂옛 길에 새 걸음으로!＂- | The Era of the Matured Constitution: New Strides on the Old Road | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"안경환(서울대학교)"
] | 법학 | null | kci_detailed_000151.xml | ||||
ART001256162 | oai_dc | 정치·사회적 관점에서 본 헌정 60년 -개헌의 정치와 '헌정공학'의 타당성- | Politics of Constitutional Revision and the Validity of Constitutional Engineering | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"차동욱(연세대학교)"
] | Currently, academic and practical interests in the Korean Constitution are increasing in the entire Korean society. This phenomenon was triggered by the public concern that the representative system of South Korea has shown its incapability to solve diverse economic and social problems in Korean society particularly during the process of democratic consolidation. Now the Korean public are showing a tendency to turn their eyes upon the written Constitution hoping that the Constitution itself exercise its supreme power to solve those problems. The Korean public started considering the written constitution as an effective means for a social engineering. In fact, sixty years of Korean constitutional history has been the history of constitutional engineering. The first Korean Constitution was the beginning of the social engineering that implanted a new western political, economic, and social system in an outdated, premodern society of then-South Korea. And most of following constitutional revisions were ways of political engineering to craft the legitimacy for past authoritarian regimes and secure the efficiency for the government.
Reflecting the sixty-year experience of Korean constitutional politics, this essay points out that current discourse on another constitutional revision requires great deliberation on institutional settings to conciliate pluralistic discords and mediate in the middle of the diverse voices and colliding claims. And this essay also warns that, if existing powerful interest groups in Korean society simply compete for prioritizing their own special interests by carving them in the written constitution as constitutionally protected rights, the selfishness would be very likely to lead a serious constitutional crisis. Finally, this essay suggests that a new idea of constitutional engineering will play a positive role in establishing an upgraded constitutional system in South Korean politics only if the on-going constitutional discourse is combined with endeavors to pursue the public good. | 법학 | null | kci_detailed_000151.xml | |||
ART001256164 | oai_dc | 국민의 사법참여와 인권 | Judicial Participation and Human Rights of Citizens | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이발래(국가인권위원회 인권연구팀)"
] | In this paper, the principles of governance in constitutional democracy, popular sovereignty and representative democracy will be newly revisited from a human rights perspective. Limitations in the governance structure of modern states and representative democracy are acknowledged, and the notion that people's participation in the legislative, executive, and judicial domains through the separation of powers allows citizens to take part in national decision-making processes will be demonstrated. In particular, the current situation regarding the recently introduced system of citizen participation in judicial trials will be analyzed. The issues at hand will be raised, and ways for improvement will be suggested.
The claim that participation in the deliberations of national decisions, with representative democracy as a premise, is in fact participatory democracy, would allow for people to be involved in all the processes that take place in the nation, such as the suggesting, devising, driving, and evaluating of policy. In the recently introduced system of citizens participating in national trials, citizens can directly contribute to core judicial rulings and democratic legitimacy can be guaranteed, allowing for the realization of judicial democracy and the strengthening of popular sovereignty.
As is stipulated in Article 1 of the 'Law Concerning Citizens' Participation in Criminal Trials,' the national participatory system for trials is a system that provides a citizen base in criminal law so that an ordinary citizens' thoughts can be reflected in the judicial process for judicial democratic legitimacy to be guaranteed and citizens' level of credibility to be raised.
As a result, the contents, characteristics, and current situation regarding a national participatory trials system, the limitations in compensation cases, the issues involving the acceptance and efficiency of jury decisions, and the jury's level of credibility and sensitivity will be analyzed, and suggestions for improvement will be offered.
| 법학 | null | kci_detailed_000151.xml | |||
ART001256165 | oai_dc | 헌정 60년 노동관계법의 전개와 노동인권 상황의 변화 | A Long Way to Go -Developments in Protection of Labor Right in Korea- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이승욱(이화여자대학교)"
] | This article analyzes dramatic changes in labor relations system in Korea since 1948. It focuses on the contents of the labor relations law as well as the procedures of enactment of law. In general, Korea has undergone the normalization process both in the contents of law and procedures of enactment of law.
The original labor legislation in Korea was shaped by the United States Army Military Government in Korea(USAMGIK) during 1945 to 1948. The labor policies of the USAMGIK was the origin of the Korean Industrial Relations, and the nature and structure of industrial relations during this time has had a significant impact on the development of industrial relations up to now. The changes in labor relations system in Korea can be summarized as the process of fighting against the legacy of the labor policies of USAMGIK.
Since the foundation of Korean Constitution in 1948, the labor rights in Korea have been in the direction of institutionalizing or systematizing labor disputes, which means labor disputes have been regulated more by law rather by direct interventions of government. The contents of law have been generally changed into protecting labor rights. The enactments of labor legislation have been influenced by the participation of social partners, whereas in times of military dictatorship it was unilaterally determined by irregular legislative bodies. In these points, Korea has achieved great success in protecting labor rights after democratization in 1987.
However, there are some problems to be solved. First, courts have gone in the reverse directions in terms of protecting labor rights after democratization in 1990s. They have changed their positions into giving the efficiency of management high priorities over protecting labor rights. In this regard, I believe the establishment of independent professional labor court system is required. Second, there needs to make a system to protect labor rights of minorities who left behind the current labor union system such as irregular employees, female employees, young employees and so on. | 법학 | null | kci_detailed_000151.xml | |||
ART001256168 | oai_dc | 영국의 법사회학 －개념, 역사, 현황－ | Sociology of Law in the UK -Concepts, History and the Present State | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"홍성수(숙명여자대학교)"
] | This paper deals with the sociology of law in the UK, with reference to its concepts, history and present status. It is also hoped that the UK experience will be helpful in examining the sociology of law in Korea.
Firstly, the term ‘sociology of law’ has been used to designate either ‘practical’ socio-legal studies or ‘theoretical’ sociology of law. The former is instrumental or policy-oriented in the sense that it aims to propose a legal reform for an appropriate social change while the latter is theoretical since it attempts to achieve a theoretical understanding of society. However, this distinction no longer exists and many scholars use these terms interchangeably.
Secondly, the main feature of the sociology of law in the UK is that socio-legal studies have been mainly conducted by lawyers rather than sociologists and that empirical studies have been more actively conducted in comparison with purely theoretical researches. Also, another feature is that governmental funding has played an important role in developing the sociology of law in the UK.
Thirdly, by examining research, education and other academic activities, it is possible to say that research on the sociology of law is being more actively conducted in the UK than in any other countries. In fact, it is said that the socio-legal studies in the UK is one of the two main legal methods together with doctrinal legal method.
This UK experience provides a useful guide for Korea where the sociology of law has not been actively researched. In particular, attention should be paid to the efforts which have been made for the development of socio-legal studies, such as governmental assistance, the activities of socio-legal studies associations and educational programmes for socio-legal methodology. | 법학 | null | kci_detailed_000151.xml | |||
ART001256166 | oai_dc | 형사사법제도의 변천과 인권 -당사자주의의 확립- | Development of the Adversarial -Criminal Procedure in Korea- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김희균(성신여자대학교 법학과 교수)"
] | Fortunately, we have had a great opportunity to develop a criminal processing system known as “adversarial" in our territory after having expelled the Japanese governors in 1945. Even though we did not have sufficient human resources for realizing the lawyer-centered criminal system, we tried to educate more lawyers and to let them serve for protecting the fundamental rights of the suspects and defendants.
Sometimes, we have also witnessed the arriving of the non-democratic government and been deprived of the basic human rights as citizens, but I want to say that, generally, our criminal procedure has been successfully working here up to present. Furthermore, we have had a chance to cure some defects in our system in the course of the Judiciary Reform from 2003 to 2007. Citizens will participate in criminal trial as half-jurors and all the defendant will get the service from the court-appointed counsels more effectively and without paying money.
However, it is really far from being satisfactory our entire criminal system. We are still admitting the dossiers prepared by the law enforcement personnel like public prosecutors or police officers as evidence, and our lawyers have to be satisfied with getting about 200 dollars for handling a case. We are not fully protecting the right to confrontation of the defendant nor that to cross-examination. That is the real feature of our “adversarial" criminal system.
This paper is supposed to trace the history of the debates regarding criminal systems and to show what we have to do from now on for successfully following the commands announced by our Consitutional Founders in 1950s.
| 법학 | null | kci_detailed_000151.xml | |||
ART001256453 | oai_dc | 문화다양성협약과 WTO협정 사이의 상호지지적인 관계정립을 위하여 -관계정립조항의 해석을 중심으로- | Toward a Mutually Suppoertive and Relationship between Cultural Diversity Convention and WTO Treaties -Three Models of Relationship Provisions- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"박경신(고려대학교)"
] | The Cultural Diversity Convention is not an instrument solely intended to protect the so-called cultural sovereignty. It aims to build a trade norm fairly regulating trade in cultural goods and services, which even the United States recognizes as having unique characteristics such as the possibility of unlimited copying and its relationship to cultural identity of nations. The UNESCO process removed from the INCP draft the duty to maintain ‘balance' with respect to foreign cultural material, and together with it, a binding dispute resolution procedure. As such, the convention has somewhat lost its teeth as a trade norm. At any rate, the Convention, befitting its role as a trade norm, prescribes for itself a relationship of equality to existing treaties including the WTO treaties. The relationship of equality can be accommodated by generous use of Article 31(3) of the Vienna Convention on the Laws of Treaty requiring interpretation of a treaty to take into account ‘any relevant rules of international law applicable in the relations between the parties.' Such relationship of equality to existing treaties has been established already in the Cartagena Protocol on Biosafety and the International Treaty on Plant and Genetic Resources for Food and Agriculture, and the U.S.-Shrimp, E.C.-Asbestos, E.C.-Biotech Products decisions have shown how one treaty can influence interpretation and application of another treaty. It is the author's wish that the Convention and the WTO treaties follow this tradition to establish a relationship of mutual supportiveness and that of taking into account of each other.
| 법학 | null | kci_detailed_000151.xml | |||
ART001256169 | oai_dc | 임시헌장(1944.4.22) 연구 -독립운동, 권력투쟁 그리고 '헌법' | The Provisional Charter(Ymsiheonjang) of 1944 -Independence Movement, Power Struggle and the 'Constitution' | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"신우철(중앙대학교)"
] | The Provisional Charter(Ymsiheonjang) of 1944 differs from the other constitutional documents of the Provisional Government in two respects. First, there are a large number of historical records about the debates over the constitutional revision since autumn 1942. Second, it was the result of compromise between the right(Korean Independence Party), the left(Chosun National Revolutionary Party), and the middle(Chosun National Liberation League and Chosun Anarchist League). In this article, I trace the hard process of the political compromise, from the Provisional Congress to the Constitutional Drafting Committee. Here, the related constitutional drafts and the final document will also be examined article by article. The conclusions of the article are as follows: 1. Although the political compromise was deceptive, it was the first constitutional compromise between right and left in Korean history. 2. Therefore, it had a strong influence on the constitutional drafts during the Liberation Period(1945～1948). 3. Especially, it left clear marks on the texts of the preamble and the social rights clauses of the Korean Constitution(1948). In short, the Provisional Charter of 1944 was a “constitutional bridge” connecting the constitutional experiences during the Provisional Government to the constitutional experiments during the Liberation Period. | 법학 | null | kci_detailed_000151.xml | |||
ART001256446 | oai_dc | 법의지배'의 당착과 법 달리 말하기 | The Hypocrisy of the Rule of Law and Speaking Law differently | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"오정진(부산대학교)"
] | The rule of law means that not men but law should govern. But often in the real world, although in the name of law, actually men rule. Interestingly, such hypocrisy of the rule of law is not well visible and that is somewhat due to the character of law itself: Legal authority is tautological; the foundation of law is not anything else but law. The force of law is derived from violence, Law has the monopolistic power of the decision about lining up boundary between inside and outside and what is to be excluded, Therefore, in contemporary risky circumstance-the power of 'empire' which is called by Hardt and Negri is spreading all over the world and the crisis of life is heightened-law is not our recourse. For instance, in Korea there is the obsession for uniformity, the deletion of politics is practiced by law and the decision of court. Especially under the recent slogan of the new government-'setting up straight law and order'-law wearing an armband is working for the governmental power and regulation. Moreover the rule of law has the double standard and law attacks the most abject people.
Then, how can we law speak differently? Firstly in doing so we should have an alternative vision of transformative politics-singular bodies making communal life and absolute democracy, And in same vein we restore the revolutional nature of love. Accordingly law should be revealed as void and instead law's ethics is situated-law as the translator of life and law of singularity and communality, And the pursuit of universal law should be started from the point of the excluded, Of course we should remember that we have the responsibility beyond law always and forever. | 법학 | null | kci_detailed_000151.xml | |||
ART001256161 | oai_dc | 자유민주주의의 정상화문제(II) -참여자의 관점- | The Normalization Issue of Liberal Democracy in Korea(II): A Participant's Viewpoint | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"이국운(한동대학교 국제법률대학원/법학부 교수)"
] | My aim in this article is to review the constitutional history of the Republic of Korea for the past 60 years from 1948. I begin with a theoretical distinction between the obedience-paradigm and the normalization-paradigm in describing constitutional history of Liberal Democracy. Based upon a more political and dynamic understanding of Liberal Democracy, I justify that the latter is more applicable than the former. With the normalization schema in mind, I attempt a newer periodization of Korean Constitutional history; 1948-1952, 1952-1960, 1960-1971, 1971-1987, 1987-1997, 1997-present. The rest three chapters that follow the periodization are about very basic elements of the constitutional politics which proclaim the motto of Liberal Democracy; ① the expansion and institutionalization of tolerance ② the construction of the democratic structure of political responsibility ③ the education of constitutional citizens who can lead the normalization process of Liberal Democracy in Korea. | 법학 | null | kci_detailed_000151.xml | |||
ART001017061 | oai_dc | 1980년대 이후 전개된 독일 법사회학의 현황- 토이브너의 이론을 중심으로 하여- | Die heutige Rechtssoziologie seit 1980 in Deutschland- Am Beispiel der Rechtssoziologie von Gunther Teubner- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"양천수(고려대학교)"
] | 법학 | null | kci_detailed_000151.xml | ||||
ART001017065 | oai_dc | 감시 단속적 근로자 관련 법리 연구 | Legal Research on Guards and Persons Engaged in Intermittent Labor | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"김재훈(서강대학교)"
] | 법학 | null | kci_detailed_000151.xml | ||||
ART001017209 | oai_dc | 일제하 토지조사사업 이후의 토지공부(土地公簿)에 관한 법적 문제점-경상북도를 중심으로- | Legal Problems of the Landownerships-books after the Korean Cadastral Survey -on the Kyungbuk Province- | {
"journal_name": "법과사회이론학회",
"publisher": null,
"pub_year": null,
"pub_month": null,
"volume": null,
"issue": null
} | [
"배병일(영남대학교); 주낙영(경상북도청)"
] | Legal Problems of the Landownerships-books after the Korean Cadastral Survey -on the Kyungbuk Province- | 법학 | null | kci_detailed_000151.xml |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.