• Title/Summary/Keyword: 헌법 제119조

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Constitutional Principle on Economic Regulation and Progressive Prospect: Focused on Restriction of the Participation of Large-scale Software Business Operators in the Public Informatization Market with respect to the revised Software Industry Promotion Act (경제규제의 헌법적 원리와 발전적 재조명 - 소프트웨어진흥법상 대기업참여제한제도의 헌법적 소고 -)

  • Lee, Hak Soo
    • Informatization Policy
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    • v.19 no.3
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    • pp.3-18
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    • 2012
  • Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.

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The Modern Meaning of the Republic (공화국의 현대적 의미)

  • SHIN, JAEMYUNG
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.119-125
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    • 2019
  • Traditionally, the definition of a republic in the constitutional sciences has remained passive, identifying whether or not a king exists. However, this is not an accurate understanding. Reinterpreting the meaning of the Republic at this point is expected to play a role in easing the side effects of neo-liberalism. It is more important than anything to establish a concrete picture of what a republic is in reinterpretating its meaning. Therefore, the main content of this paper is to clarify it by presenting requirements for the Republic.

Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality (죄형법정주의에 입각한 건설기술 진흥법 제85조(벌칙) 고찰)

  • Kim, Eunbae;Lee, Hyun-Soo;Park, Moonseo;Son, Bosik
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.1
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    • pp.119-127
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    • 2016
  • Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.