• Journal of the Korean Professional Engineers Association
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• v.27 no.1
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• pp.64-66
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• 1994

1993년 5월 26일. 총리령 제420호 엔지니어링 기술진흥법 시행규칙 중에서 제3조(엔지니어링 활동주체의 신고기준) 제1항의 제2호 "기술인력은 기술사, 기사1급 또는 학사 10인이상일 것"이라고 규정한 것은 헌법 제11조(평등권), 제15조(직업선택의 자유), 제22조(과학기술자의 권리) 및 제127조(과학기술의 혁신 및 인력개발의무)에 위반된다고 지적받고 있습니다.

• 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 the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.189-197
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• 2022

It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

• Korea and Global Affairs
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• v.1 no.2
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• pp.171-208
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• 2017

This paper is to analyze the type characteristics and prospects of the North Korean nuclear strategy. To this end, the paper is composed of 5 chapters titled introduction; the concept and type of nuclear strategy; the nuclear capabilities of North Korea and the declarative nuclear strategy; the operational characteristics and prospects of the North Korean nuclear strategy; and conclusion. Recently, the deployment of nuclear weapons and the enhancement of nuclear capabilities in North Korea have raised serious problems in our security and military preparedness. Nuclear strategy means military strategy related to the organization, deployment and operation of nuclear weapons. The study of North Korea's nuclear strategy begins with a very realistic assumption that the nuclear arsenal of North Korea has been substantiated. It is a measure based on North Korea's nuclear arsenal that our defense authorities present the concepts of preemptive attack, missile defense, and mass retaliation as countermeasures against the North Korean nuclear issue and are in the process of introducing and deploying them. The declared nuclear declaration strategy of the DPRK is summarized as: (1)Nuclear deterrence and retaliation strategy under the (North Korea's) Nuclear Weapons Act, (2)Nuclear preemptive aggression, (3)The principle of 'no first use' of nuclear weapons in the 7th Congress. And the intentions and operational characteristics of the North Korean nuclear strategy are as follows: (1)Avoiding blame through imitation of existing nuclear state practices, (2)Favoring of nuclear strategy through declarative nuclear strategy, (3)Non-settlement of nuclear strategy due to gap between nuclear capability and nuclear posture. North Korea has declared itself a nuclear-weapon state through the revised Constitution(2012.7), the Line of 'Construction of the Nuclear Armed Forces and the Economy'(2013.3), and the Nuclear Weapons Act(2013.4). However, the status of "nuclear nations" can only be granted by the NPT, which is already a closed system. Realistically, a robust ROK-US alliance and close US-ROK cooperation are crucial to curbing and overcoming the North Korean nuclear threat we face. On this basis, it is essential not only to deter North Korea's nuclear attacks, but also to establish and implement our own short-term, middle-term and long-term political and military countermeasures for North Korea's denuclearization and disarmament.