• 동북아문화연구
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• 제19권
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• pp.23-48
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• 2009

Duan Fang's doctrine of constitutional monarchy went forward from monarchy to constitutional government based on that an establishment of constitution political structure is superior to a arbitrary rule political structure. And Duan Fang's doctrine featured limitation of monarch's authority protection of subjects' rights. He thought constitution government should be based on the establishment of constitution preparation. He believed that China need to take merit equally in the process of establishment of constitution preparation. In spite of this flexible recognition, there was not enough consideration about an ideological, social and economical basis that can make possible constitutional government operation. He had understood constitutional government system from angle of monarch's safety and the wealth and power of nation. The view was that a responsible Cabinet was for monarch's safety and the nation assembly judicature local autonomous is a system for safety of nation showed us. In his opinion, neither main task of congress is legislation, cabinet nor is the high ranking executive agency, however, he expected to constitutionalism system to become a buffing role instead of monarch. A little pure and simple thinking that open nation assembly and execute constitutional monarchy could make China powerful and wealthy might reflected urgent situation at that time.

• Journal of Contemporary Eastern Asia
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• 제16권2호
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• pp.82-92
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• 2017

The Korean state evolved as a distinct entity in a region of major power convergence and conflict. All states, as human constructions, seek sovereignty and life security of their subjects/citizens, and are rotted in organic society. In the Republic of Korea, constitutional order has provided a framework for political action and a succession of regimes - authoritarianism, military dictatorship, and constitutional democracy. Since 1960 two paradigms have undergone a cycle of growth and decline, and a third, since the 2016 candlelight demonstrations in Gwanghwamun, may be the beginnning of a third generation paradigm - populist constitutionalism.

• 한국관광식음료학회지:관광식음료경영연구
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• 제10권
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• pp.1-25
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• 1999

Tourism is a word meaning enjoyable based on tourism order. No matter how free is the journey guaranteed, there is a limit to the orders travellers follow. In other words, constitutionalism suitable for a region or country can be found in any tourist resort at home and abroad. Foreign or local tourism travelling in Korea have tourism-related rules to keep, and people working for tourism and organization of it have also rules. Therefore, a study for the rule of law is needed in aspect of how to improve tourism. Unfortunately, none of those rules of law to be followed by tourist and people working for tourism have not been researched. For instance, any principle of law has not been studied to help improve people-to-people diplomacy and national economy those of which are emphasized by tourism basic law. Finally, a research is needed for law reforms that guide tourism in future.

• 디지털융복합연구
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• 제15권1호
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• pp.69-76
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• 2017

본 연구에서는 서유럽의 포퓰리즘 정당들이 어떠한 정치적 성격을 지니고 있는지 그리고 이들이 주류제도권 내에서 국민들에게 많은 지지를 받고 성공한 이유는 무엇인지 탐색해 보고자 하였다. 연구방법론은 주로 문헌탐색과 현상의 상호관계를 분석하였다. 서유럽의 포퓰리즘 정당들은 서민계층의 이익을 대변해 주고자 하였으나 실패했고 포퓰리즘 정치는 앞으로 다소 지속되겠지만 문제는 민주주의 이념체제와 어떠한 관계를 유지할 것인가 하는 것이 가장 큰 문제이다. 포퓰리즘 정치는 앞으로 현대사회의 모순과 갈등이 지속될수록 그 관심과 지지도는 높아지겠지만 민주주의 제도 자체를 대체할 패러다임으로 성장하기는 어려울 것이다.

• 중국학논총
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• 제61호
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• pp.323-340
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• 2019

As the continent's Neo-Confucianism has emerged as an issue recently, Kang You-wei has become a hot topic in Chinese thought circles. His view that the goal of Confucianism is ultimately to reformbased on the "ChunQiu Gongyang" has been drawing new attention in the 2000s with the emergence of Political Confucianism. This paper reviews Kang You-wei's study of Chun Qiu Gongyang, which could be called the ideological origin of continental Confucianism, and also analyze the development process and problems of political Confucianism. In order to understand the current discussion of Confucian constitutionalism, an understanding of Kang You-wei should be preceded. Because most of the problems raised in continental political Confucianism, began with the idea of Kang, and they insist on returning to Kang You-wei as well.

• 정보화정책
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• 제31권1호
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• pp.53-71
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• 2024

디지털 전환은 우리 사회의 기존 규범과 패러다임을 전환시켜야 할 새로운 사회계약을 요청하고 있다. 디지털 헌정주의는 새로운 사회계약을 통해 신질서를 구축하려는 하나의 방식이라고 할 수 있으며, 디지털 환경에서 기본권 보호와 권력 균형을 위한 규범틀을 확립하고 보장하는 것을 목적으로 하는 이념이다. 인터넷/디지털 권리장전은 이러한 이념에 기초해 헌정주의화를 실천하려는 대표적인 사례라고 할 수 있다. 초기에는 시민단체나 다양한 이해관계자가 주도하여 비공식적이고 구속력 없는 선언의 형태로 디지털 사회의 변화된 특성에 맞는 규범적 원칙을 제시하는 형태를 띠었지만. 최근에는 국가나 지역 차원에서 원칙을 담은 공식 헌장·선언문이나 법의 형태로 구체화되고 있다. 한국 정부가 제시한 「디지털 권리장전」도 이러한 흐름의 연장선상에 있다고 볼 수 있지만 실질적, 절차적 정당성이라는 측면에서 보면 인터넷/디지털 권리장전의 최근 경향을 충분히 반영하지 못하고 있다. 정부가 일정한 규범적 방향을 제시한다 하더라도, 각각의 영역에서 구체적인 실행 계획과 결합되어야 '선언적' 수준에 그치지 않고 디지털 기술 및 산업과 규범의 균형을 만들어낼 수 있을 것이다.

• 한국콘텐츠학회논문지
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• 제5권3호
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• pp.63-71
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• 2005

경찰은 위험방지의 영역에 있어서 경찰권을 발동할 책무를 가지지만, 위험방지를 위해 개입을 하여야만 하는지의 여부, 어떠한 개입 및 어느 정도의 개입을 하여야만 하는가에 관하여 재량에 의하여 결정할 수 있다. 그러한 재량에 따른 경찰의 조치는 침해적인 명령 강제를 내용으로 하기 때문에 국민의 권리를 침해하기 마련이다. 따라서 경찰권의 발동에는 법치주의의 원리에 따른 법률유보의 원칙에 따라 필연적으로 법적 통제장치가 따라야 찬다. 본 연구는 경찰작용의 통제법리로서 경찰권 발동의 한계를 중심으로 공공의 안녕과 질서를 유지하면서도 국민의 자유와 권리를 최대한 보장할 수 있는 합리적인 방안을 강구하여 경찰작용의 바람직한 방향을 모색하고자 한다.

• 분석과 대안
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• 제2권1호
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• pp.71-106
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• 2018

The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

• 대한치과보철학회지
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• 제39권4호
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• pp.433-443
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• 2001

The aim of this study was to evaluate the dental specialty system from the viewpoint of korean constitution. An attempt to introduce a dental specialty system has been repeated many times, but it was interrupted by the dispute of the interested parties, especially general practice dentists, trained dentists and the authorites concerned. The korean constitutional court decided on July 16th 1998 that the lack of the examination to be a dental specialist was against the korean constitutional law and the authority concerned should prepare the legal procedure for the dental specialist examination in proper time. Though the dental specialty system may be discussed in a variety of view, it should be established on the ground of the korean constitutionalism. According to the korean constitution, all the people can develop their abilities at the maximum and have their dignity, preciousness and right to seek their happiness. With the view of spirits of the constitution, dental specialty system should be more open widely to those who want to be a specialist. It should be also allowed to the dental specialists that they reveal their specialty and creativity. However, the representatives of the korean dental association(KDA) decided at the 50th annual meeting that the dental specialists should not reveal or annonce their specialties at the first step of the dental care and all the present dentists give up to be specialists. As conclusion of this study the proposals of the KDA seems to be against the korean constitution and hardly fulfills the needs of the times.

• 한국컴퓨터정보학회논문지
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• 제22권5호
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• pp.111-118
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• 2017

The Legal Consciousness is a feeling or attitude toward the law from the people. Most Korean had a traditional consciousness that did not consider the law so friendly, also, the perception of law is also very negative is the common result of various investigations so far. This is caused by a distrust of the political power that operates the law than just distrust of law. Moreover, it is a serious problem that these negative attitudes are getting stronger over time. Especially when looking at the situation of the monopoly of government affairs in Park Geun-hye administration, the law was not a means of realizing social justice on the side of the socially weak, it has come to the fact that the law has been recognized as a tool of oppression by the ruling group, which seizes power in a fraudulent manner and accumulates economic wealth. It was a really ridiculous incident. In addition, not all citizens need to be experts in law, but the law is a bowl for society, and filling the bowl is a moral form or value of society in general. And since society has a peculiar law, and the modern state has the rule of law as its basic principle, most human acts have a direct relationship with law. In particular, it is true that the problem of the legal consciousness of college students is frequently mentioned today. Therefore, in this study, through the examine the contents of the legal consciousness of the K university female students in Gwangju and will consider the cause of this.