• Health and Mission
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• s.7
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• pp.56-59
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• 2006

국민소득 2만 불 시대를 달성하는 선진국 대열로 나아가기 위해서는 첫째로 세계화에 맞는 시장 경제법과 제도.규율.관행 들을 개선하고, 둘째 이를 뒷받침하는 윤리 도덕 정신이 가능하도록 국민 모두가 노력하고, 셋째로 법 제도를 지키게 하는 법치주의가 시행되어야 할 것이다.

• Journal of Korean Philosophical Society
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• v.148
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• pp.1-27
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• 2018

The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.

• Journal of Korean Philosophical Society
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• v.147
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• pp.333-356
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• 2018

Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.

• Korean Journal of Legislative Studies
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• v.22 no.2
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• pp.157-188
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• 2016

Since democratic transition in the early 1990s, constitutionalism is getting more important for democratic consolidation in Africa. Using Afribarometer data set, this paper explains influences on public confidence in judiciary. High levels of public trust in judiciary is a necessary condition for judicial system to work effectively in emerging democracy. Unlike existing studies focusing on the function of judiciary and legal procedures, this paper is interested in the relationship between how ordinary Africans perceive the attitudes of the chief executive toward judiciary, the rule of law, and judicial corruption and their confidence in judiciary. The results show that those who think that the chief executive is likely to respect the constitution and the judiciary, that the law applies to everyone equally, and that there are few corrupt judicial personnel are likely to show high levels of confidence in judiciary. This study argues that the tension between laws and politics have a significant influence on transitional justice in emerging democracy.

• Journal of the Korean Institute of Landscape Architecture
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• v.15 no.1
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• pp.1-8
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• 1987

최근 인문사회과학은 지역적 특수성과 문화적 배경(context)를 무시하고 법측과 체계(system)을 추구하는 자연과학의 개념을 인간사회에 적용하려는 여러 이론들이 인간의 근본적인 문제를 해결하는데 한계가 있음을 지적하고 있다. 이러한 법치주의에 의한 법인간적인 해석보다는 지역적이고 문화적 상황하에서 인간사회의 문제를 이해하려는 경향이 지금까지 행태(behavior)나 사회구조(social structure system)의 이해를 통해 인간사회를 분석하고 있다. 그 방법론으로는 전체의 맥락(context)이나 주변의 연관관계를 통해 의미를 이해하는 책(text)의 해석(interpretation)의 비유를 그 틀(paradigm)로 하고 있다. 이러한 경향은 예술과 미의 문제도 같은 체계(system)속에서 이해하여 현대의 전통, 문화와 대중으로부터 분리된 예술과 미로부터 전통, 문화, 개인과 생활이 공명할 수 있는 본래의 예술과 미를 찾으려 한다. 본 연구는 이러한 사회문화 이론의 개념을 분석하고 그 원리와 이론의 축면에서 경관(landscape)을 해석하고 경관의 의미(미를 포함한)체계(meaning system)을 분석하여 설계언어(design language)를 찾아내며 이를 설계에 응용할 수 있게 하는 기본적 틀(paradigm)을 제시하고자 한다.

• The Southeast Asian review
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• v.28 no.4
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• pp.77-114
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• 2018

The purpose of this article is to verify whether recent political change in Thailand and the Philippines is temporarily shown "democratic recession" or "returning to authoritarianism". For the purpose this research establishes three propositions based on previous academic researches of political change. The is to verify characteristics of liberal democracy based on democratic procedures and institutions as well as civilian control over the military. The is to analyze the characteristics of authoritarianism such as the control over individual freedom and rights, concentration of power, and populist ruling behavior contrary to constitutionalism. The last one, , is to check either the coincidence or discrepancy between democratic institutions and popular understanding of democracy during democratic transitions. The finding through testing those propositions is that recent political change in two countries is more likely "returing to authoritarianism" rather than provisional "democratic recession". Implications of the finding has two aspects. One is that the only change in democratic procedures and institutions including the competition among political parties and peaceful change of governments are not enough to ensure a successful transition to liberal democracy. The other is that a half-democracy lacking the change of popular understanding and belief toward democracy as well as democratic practices cannot survive long enough. These are confirmed through this study on the cases of Thailand and the Philippines.

• Korean Journal of Social Welfare
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• v.60 no.3
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• pp.201-230
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• 2008

While the constitutional states emerged in the period of the constitutional monarchies to protect freedom and property of citizens from a illegal trespass of monarchs, the passive role of the constitutional states to protect them was changed in the modern parliamentary democracy in which the state is to play an active role to realize the basic rights. Today the state giving chances and social benefits to citizens plays a very important role so that the people may to enjoy a free life as a citizen. In the modern parliamentary democracy the role of the state, therefore, is transformed form passive roles to active ones realizing the basic rights for citizens. The active role of the state to embody the basic rights asks the parliament to bear more the responsibility for making laws than ever before. In the modern welfare state social rights are also recognized as a basic right. In this sense the parliament should play a active role to realize the social rights. But the Korean parliament excessively turns over his legislative right on the basis of a delegated legislation to the Administration. It does not fulfill its responsibility for which the modern parliamentary democracy asks. To realize the social rights the Korean parliament should play a more active role.

• Korean journal of communication and information
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• v.50
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• pp.50-72
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• 2010

The purpose of this study was to investigate representation of media on Korean controversial historical incidents and its myth and ideology. Especially the authors paid attention to the MBC-TV Documentary which had dealt with many controversial issues in Korean society. Those issues had never been dealt by other Korean media before it began to do. Three episodes about the South-North Korea related issues were selected as main object of this study and were analyzed with various semiotic research methods, especially, paradigmatic analytical method, narrative analytic method and mythical analytic method. As a main result of this study, it was found that the Documentary tended to represent such controversial historical issues very differently from the previous representations of old newspapers'. Th e old newspapers tried to establish old myths; that is, 'myth of national crisis', 'myth of anti-communism', 'myth of scapegoat of college students', 'myth of intelligent agency's monopoly', 'myth of social stablization', etc, while the documentary changed to build up new myths; that is, 'myth of humanities', 'myth of peaceful unification', 'myth of freedom and democracy', 'myth of human rights, etc.' In short, it was concluded that the documentary was able to change some previous myths and ideologies through its changing representations.

• Journal of Service Research and Studies
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• v.11 no.4
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• pp.1-20
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• 2021

This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

• Convergence Security Journal
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• v.4 no.3
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• pp.83-90
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• 2004

Preventive measures and control over cyber terrorism in Korea is a complex problem. Today laws should meet requirements made by modern technologies development, Law enforcement, special services and judicial system cooperation, their efforts coordination and their material security are priority directions, None of the country is able to prevent cyber terror independently and international cooperation in this field is vital. Taking the above into consideration, we propose and inisit that National Intelligence Service(NIS) should share cyber terror data with Police Agency and have top police authority over the cyber terror.