2020, Vol.91, No.

Rechtliche Überlegungen zur Gesetzgebung des sog. Unterführung-Sondergesetzes

Kil Joon Kyu | 2020, 91 | pp.1~24 | number of Cited : 3

In der Republik Korea, die eine weltweit beispiellose rasche Industrialisierung und Urbanisierung erlebt hat, hat sie sich nach Japan unterirdische Infrastrukturinstallationen durchgesetzt, um den Mangel an Infrastruktur schneller zu überwinden, der mit der Überfüllung durch die Bildung von Großstädten einhergeht. Jedoch hat die Nutzung dieser unterirdischen Räume zu sozialen Problemen wie rasante Opposition und gerechte Entschädigung aufgrund des gestiegenen Bewusstseins der Bürger geführt, und die Regierung hat Räume unterhalb einer bestimmten unterirdischen Tiefe als die Grenztiefe für die rasche Installation von Infrastrukturen definiert und die Sondergesetzgebung fördert, die unkompensierte und schnelle Geschäftsfortschritte wie das japanische Deep Underground Use Act umfasst. Dies Sondegesetz für die unterirdische Nutzung sind jedoch die Nutzung von einem privaten Eigentum aufgrund der öffentlichen Bedürfnisse der Verwaltungsträger, so dass in Korea wie in anderen Ländern des kontinentalen Rechts die öffentlichen Bodennutzung durch die Enteigunung und das Privateigentumssystem im Konfliktpunkt steht. Aus diesem Grunde besteht das Problem, dass das persönliche Landeigentum für öffentliche Bedürfnisse nicht willkürlich durch das Gesetz begrenzt werden kann. Deshalb ist es notwendig, verschiedene Gesetze und Rechtsdogmatik in Bezug auf das bestehende Rechtssystem sorgf’ltig zu überprüfen, um das Gesetz zu legitimieren Da japanisches Sondergesetz und dessen Praxis der Sondernutzung der unterirdischen Tiefe anders als bekannte ist, wurde in der vorligenden Arbeit die Unterschiede und die rechtspolitische Probleme vorgestellt. Dennoch wurde Nichtentschädigungsgesetz in Bezug auf die Rechtsdogmatik und -politik sowie in Deutschland und Japan zum Schutz unterirdischer Einrichtungen berücksichtigt. Es ist auch notwendig, die prviaten Bodennutzungsbeschränkungen recht zu berücksichtigen. Aus diesem Grunde zielt diese Untersuchung darauf ab, die Gesetzgebungsdiskussion klarer und spezifischer zu gestalten, indem relevante Gesetze und Rechtsdogmatiken in Bezug auf Verfassung, Zivilrecht und Verwaltungsrecht bezüglich der Einführung neuer Rechtssysteme wie die Nicht-Entschädigung und Nicht-Dienstbakeitsrecht aufgrund des neuen Sondergesetz über die unterirdische Nutzung sorgfältig und systematisch überprüft werden. In diesem Zusammenhang möchte die Probleme der speziellen unterirdischen Entschädigung untersuchen, einschließlich der Forschung und der Erfahrung von Projekten zur Entschädigung der unterirdischen Infrastruktur erklärt.

A Study on the Non-taxation System for one-generation one-household of capital gains tax by the current government

Jeong Hoe Gun | 2020, 91 | pp.25~40 | number of Cited : 9

The nation is making every effort to stabilize housing prices, which are rising day by day, but we cannot control the rise in prices. It is the real estate transfer income tax that always emerges as a policy tool to solve these problems. Interest in the tax system on property transfers is higher than ever. The current capital gains tax exemption regulations for one household are complicated and have loopholes to enjoy capital gains due to the tax exemption rules for one household. It is necessary to consider whether it is a means to the safety of the people's housing life or a reasonable measure to the effect that it is a guarantee of freedom of transfer of residence. It is also questionable whether these benefits are given to all people who enjoy living in a residential area without discrimination. If the current temporary one-generation one-house capital gains tax exemption system is to stabilize people's housing transfers, it would be fair to say that it is only a benefit enjoyed by homeless people. The current income tax law provides relatively large benefits to homeowners through a tax-free system. For a house with a first-generation house worth less than 900 million won, tax-free benefits will be given regardless of the area or type of house if it meets the tax-free requirement. Taxpayers tend to prefer housing in areas where capital gains are expected to be large, creating a problem where demand is concentrated in Seoul and other areas. It is no exaggeration to say that by exploiting this, the method of buying a house, holding it for a certain period of time, and moving into a new house again and again is being replaced by a measure to encourage speculation for capital gains. In addition, the tax system should allow taxpayers to more accurately understand what cases are taxable and how much they pay if they are tax boxes, and there should be rationality and simplicity in structure, but the current capital gains tax is not easy for ordinary taxpayers who are not familiar with the tax code, and even tax experts are often not aware of the taxable tax on a single household. It is necessary to improve the current capital gains tax exemption system for the first-generation one-house capital gains tax. The plan calls for the use of the duty-free system by further reinforcing the current special long-term deduction for long-term ownership of long-term homes if they stay in the same house for a long time. If the first-generation one-house capital gains tax exemption system is replaced by the duty-free system and the deduction system depending on the period of possession, the distorted problems in the real estate market will be improved.

Measures to Enhance the Effectiveness of the Residents' Listening System When Planning Development

Park, Joo-Sun , Jang Kyo-Sik | 2020, 91 | pp.41~58 | number of Cited : 2

A Study on Improving Legal System of Public Medical Center for Infectious Disease Control - Focus on the Participation of Private sectors -

Hwang Jihye | 2020, 91 | pp.59~91 | number of Cited : 15

Because of COVID 19, importance of public medical institution has been emphasized. Public medical institution is regarded more important than private medical institution to control infectious disease. Because private medical institutions are not entirely for public good, they have inherent limitation for controling pandemic infectious disease. Having realized the necessity of "public medical institution", Korean government is planning to establish new public medical centers by state or local government. For establishing and managing public medical centers, financial resources of state and local government are not sufficient. To solve this problem, state and local government have to cooperate with private sectors(private sector’s capital). Also neighborhood residents & general public have to participate in establishing and managing public medical centers. For the administration of pandemic infectious disease control, cooperation between state & local government and various level of non-government organization is necessary. For this necessity for cooperation, Network Theory(Netzwerktheorie) is helpful. The writter suggests solution based upon Network Theory by project steps as following. The whole project steps have three steps: ① planning, ② establishing and managing, ③ management evaluation(monitoring). First, In the early stage or in planning stage, participation of residents & general public in the decision making procedure is necessary. For this necessity, Planning Approval Procedure in Germany will be helpful. Second, participation of private corporation in establishing & managing public medical center through Private Finance Initiative(PFI) is suggested. To use PFI effectively, the Right to Operate Public Facility in Japan can be helpful. Third, participation of non-government public organization(NPO, NGO or the International Relief Organization) is useful in management evaluation(monitoring) step. To make effective monitoring, Environmental Class Action in Germany, can be relied upon. This study on private sector's participation in establishing and managing public medical center can lead to fulfilling people's needs for public health care. Ulimately, it helps to prevent and cure pandemic infectious disease.

Legal Issues Concerning Permission to Occupy and Use Roads in Recent Cases

Yongjeon Choi | 2020, 91 | pp.93~110 | number of Cited : 0

A Study in the Systemized Consistency of the Warranty Liability for Defects in the Multi-Family Housing Management Act and Act on Ownershup and Management of Condominium Buildings

Hong, Sung-Jin | 2020, 91 | pp.111~135 | number of Cited : 3

A Study on the publicity of toll roads - focused on the government's toll road publicity policy -

Cho, Jin-Woo | 2020, 91 | pp.137~161 | number of Cited : 0

The road is the foundation of economic growth and the basis for realizing freedom of movement, and is a representative tribute shared for public purposes. However, the roads require a huge budget to build, so the government is not building enough roads to meet demand. As an exception to the principle of free road disclosure, the government introduced and operates a toll road system that charges a certain toll when using the road. Current toll roads can be divided into roads constructed and operated by the government and roads constructed and operated by companies by private investment. The government is driving a policy to strengthen the publicity of toll roads, focusing on the contents of cutting high tolls on toll roads using private investment. However, the discussions now focus on lowering tolls rather than discussing what the publicity of toll roads is. Although reducing the toll is an important way to increase publicity on the toll road, it is hard to say that it is a fundamental measure. Publicity, despite many discussions, has not been materialized in individual domains due to the multiplicity and ambiguity of the concept. As a result, publicity is often a qualifier that shows the legitimacy of individual policies. The publicity of toll roads should basically have the elements of citizenship, public interest, and publicity that are discussed as general elements of publicity. Rather than being clearly distinguished, these elements fuse and complement each other to shape the concept of publicity. Based on this, the publicity of toll roads can be more concretely considered in consideration of the nature of roads as public goods and national mission theory as an exception to the principle of free public roads. The discussion of conceptualization of publicity in concrete areas beyond general conceptualization is still insufficient, and this is also true in the road sector. In order to further refine the publicity of the road sector, many discussions on publicity in specific fields such as environmental infringement of toll roads, participation of residents, and reduction of tolls for the weak of traffic should be continuously promoted.

A study on the Realization Plan of Extension Period of Comprehensive Real Estate Tax Summation Exclusion

Lim, Suk-Nyeo , Lee， Doo-Sang | 2020, 91 | pp.163~181 | number of Cited : 0

In order for fairness of the taxation burden to be reconsidered, Korea’s real estate holding tax is collected after being differentiated into national comprehensive real estate tax and local property tax. Of the total comprehensive real estate tax for declared property held, a deduction amount is imposed in cases exceeding the following: \600 million for housing held (\900 million for 1st generation single households), \500 million for landed estate, and \80 billion for separate combined landed estate. However, according to recent statistics, the average sale price for apartments in Seoul exceeds \925 million. Additionally, the government’s real estate measures (released on July 10th, 2020) to stabilize housing market transactions had the objective of easing the tax burden on 1st generation house owners, while cutting off the speculative demands of corporations, multi-homeowners, and others. However, it is still possible to apply for summation exclusion on existing comprehensive real estate tax. In cases limited to where a summation exclusion on comprehensive real estate tax is reported, the taxable subjects are excluded, however for the real estate market in Seoul and areas outside of the capital, even after the deadline of the fixed period, in cases where the residing generation fails to sell the lot, there is the burden of interest on secured loans as collateral for the unsold lot, as well as management fees on the unsold lot. When summation exclusion occurs, comprehensive real estate tax is imposed according to whether the grace period has expired. In relation to undesirable unsold lots, an extra comprehensive real estate tax is imposed in accordance with the expiry of an extended time limit (5 years). It is a valid fact that developing work is obligated to pay for itself, however the difficulties of the operations of housing contractors could bring with them the effect of increasing house prices of pre-sold and re-sold lots, which could be seen as a prediction of permanent difficulties in terms of the stability of residential life for its citizens. With the above in mind, this study will make suggestions relating to the necessity for the introduction of a system applying a 5% increase (maximum) to the initial sale price in cases where housing constructors re-sell an unsold residence, instead of providing the taxation benefit of extending the –grace period by one year each time a summation exclusion is reported (in cases where unsold lots are held). There is adequate necessity for both the regulation of the real estate market and easing of policies which has been caused by various events affecting current society. However, there is now a necessity for the introduction of a system fitting with the current situation. The reduction of the house buying price burden for actual consumers, bringing about the stability of residential life for citizens, and reducing unsold lots in the localities, (as well as small/middle sized cities) will promote an eventual advancement of the real estate market, and the development of the national economy.

Meaning and Problems of Agreement between Local Governments in Consensus - Focused on the Case of SUDOKWON Landfill Site -

Seok,Ho-Young | 2020, 91 | pp.183~208 | number of Cited : 1

Currently, there is a conflict between the Ministry of Environment, Seoul, Gyeonggi-do and Incheon regarding the construction of an alternative landfill site for the SUDOKWON Landfill Site scheduled to end its use in 2025. The SUDOKWON Landfill Site, which has been in use since 1992, is a very important facility not only for Gyeonggi-do but also for the Sudokwon area used jointly by Seoul and Incheon. Since the landfill site is expected to have a significant impact on adjacent areas at present and even after its use is completed, it is desirable that conflicts between Gyeonggi-do(Gimpo-si) and Incheon(Seo-gu), which have the landfill site partially under administrative jurisdiction, and the Ministry of Environment and Seoul should be resolved as soon as possible. The SUDOKWON Landfill Site, which has been in use since 1992, is a very large landfill site that is jointly used by Seoul and Incheon, as well as Gyeonggi-do, and its role is very huge, and the impact of the use of the landfill on the neighboring areas is in progress now and even after the end of its use. Because of this size, the conflict between Gyeonggi-do and Incheon, which has jurisdiction among the Ministry of Environment, Seoul, Gyeonggi-do, and Incheon, should be resolved as soon as possible. This conflict is being well recognized by local residents around the SUDOKWON Landfill Site, and also the Ministry of Environment, Seoul, Gyeonggi-do, and Incheon. Thus, the Ministry of Environment, Seoul, Gyeonggi-do and Incheon have made great efforts to resolve this conflict. As a result, the four-party consultative body composed of the Ministry of Environment, Seoul, Gyeonggi-do and Incheon finally drew up the final agreement in 2015. Therefore, the conflict should be resolved in accordance with this final agreement, so this paper will first review the history of the SUDOKWON Landfill Site and the related statutes to identify the meaning and problem of the agreement made by the four-party consultative body and to suggest an improvement plan.

A Legal Study on the Autonomous Sentry Guard Military Installations

Kwonil KIM | 2020, 91 | pp.209~226 | number of Cited : 1

A study was conducted on autonomous surveillance military installations that can be discussed at this point in time when autonomous weapons systems are being developed through the application of artificial intelligence technology advancements in the defense sector. First, the authors evaluated whether fixed type surveillance robots correspond to autonomous military installations. While the question of whether weaponry corresponds to military installations can be an issue, autonomous surveillance military installations can be considered shared facilities for military purposes, and thus they correspond to “military installations” according to the Protection of Military Bases and Installations Act. They can also be considered to correspond to “defense and military installations” according to the Act on National Defense and Military Installations Projects. Direct legal basis regarding the operation of autonomous surveillance military installations could not be found because the military does not have laws on operations, unlike the police. While there is a legal basis regarding the use of weapons by sentry guards in the Framework Act on Military Status and Service, sentry guards are soldiers who are natural persons on guard under orders, and thus it is difficult for surveillance robots to correspond to this. However, the lack of regulations for autonomous surveillance military installations when regulations exist for the use of weapons by natural persons (sentry guard) carrying out the same task of keeping guard is problematic since it is difficult to find reasoning to treat them differently. A legal basis such as the regulation on the use of weapons by sentries is thus necessary for the operation of autonomous surveillance military installations. When civilians are hurt during the operation of autonomous surveillance military installations, the issue of national compensation according to the State Compensation Act becomes a problem, but it is difficult to consider such autonomous surveillance military installations to correspond to public officials; the application of Article 2 of the State Compensation Act hence becomes limited. However, autonomous surveillance military installations correspond to structures of Article 5 of the State Compensation Act, and when the autonomous surveillance military installation malfunctions, it appears that responsibility is admissible according to this regulation. Harm and injuries from the operation of autonomous surveillance military installations can be prevented by designating a military installation protection zone around the installation. Autonomous surveillance military installations correspond to “military installations” of the Protection of Military Bases and Installations Act. Therefore, a military installation protection zone can be designated around the autonomous surveillance military installations. A military installation protection zone not only protects the military installation but also protects civilians from dangers that can arise during the operation of autonomous surveillance military installations by restricting civilian access. Moreover, designing the operation range of the autonomous surveillance military installation in correlation with the military installation protection zone range can also be considered.

Policy of Special Economic Zone and Legal System Issuesin South/North Korea and China

PARKSEUNGIL , Wan, Yan Jiao | 2020, 91 | pp.227~265 | number of Cited : 2

In the modern sense, the Special Economic Zone is generally a region which is strategically set for the promotion of certain economic activities through implementation of reciprocal and preferential policy not applicable to other domestic regions in a nation. Recently, the Special Economic Zone has been conceptualized as comprehensive growth poles combined with trade, logistics, finance and technical innovation. In the situation that the trend of global economic growth has been slow down since the financial crisis of 2008, global competition for attracting investment has been escalating. Innovative and dynamic economic growth have been sought by providing better investment climate by nations or cities, attracting foreign investment (FDI), creating more jobs and developing industrial structure. In particular, the competitiveness among nations has been intensifying since globalization phenomenon increased, trade and customs barriers have dropped and the phenomenon of global value chain is generalized. North Korean leader Kim Jong-un prepares active promotion plan for development of Special Economic Zone. We can look at North Korea's strategy for promotion of Special Economic Zone in two ways. First, economic improvement strategy utilizing nation wide economic trade region and local one is refined and knocks on the door of global capital market for attracting investments. Second, for the expansion of foreign capital attraction, the systematic and legal measures, legal system applicable for foreign investment, has been arranged. This paper pays attention to North Korea's active policy for Special Economic Zone in the era of leader Kim Jong-un. North Korea has made its best effort in preparing legal environment for attraction of foreign capital and revitalization of Special Economic Zone by enacting and revising not less than 50 laws, regulations and system for foreign investment up to 2014 since the 'Joint Venture Act' in September, 1984. However, notwithstanding this effort, North Korea has failed to accomplish its expected performance. The first reason why North Korea's performance of attraction of foreign capital is poor even with its policy of Special Economic Zone is sanctions against North Korea due to North Korea nuclear problem. In addition, as for North Korea's leal system for development of its Special Economic Zone, its rules and limited legislation which are more vague to foreign capital investment than other socialism nations which have been successful through reform and opening works as another reason. Different from China and Vietnam, North Korea's legal system related to Special Economic Zone such as its constitutional law fails to clearly set forth its movement into market economy and faces the limit. Moreover, North Korea is still based on the legal system of socialism nation, while other socialism nations have been incorporated into capitalism international economic system and have promoted their legal system related to Special Economic Zone in the direction of compliance with international standard laws and regulations. A plan for legal system improvement of Special Economic Zone in North Korea is the major task during and after the process of unification of South and North Korea. North Korea's legal improvement for Special Economic Zone has significant impact on development of unified Korea even at the aspect of social unification as well as economic aspect. In other words, there is two sides in reorganization of Special Economic Zone. First, the land is important factor in vitalizing economics in the regions of North Korea as available production factor. Second, the land works as an obstructive factor in unification of South and North Korea. Accordingly, for actual unification of Korean Peninsula, we needs a law on unification Special Economic Zone. Through this law, important means for economy revitalization will be prepared not to mention of minimization of confusion and agony which may appear in transition period of unification. It is more likely that the arrangement of North Korea's legal system for Special Economic Zone will emerge as the most essential factor while North Korea goes toward market economy system from socialism system. As seen in the examples of socialism nations, the economic development through the policy and development of Special Economic Zone will allow North Korea to continue to make movement toward reform, opening and market economy. There is not far from the peace and prosperity in the Korean Peninsular if North Korea goes toward its reform and opening through arrangement of legal system for Special Economic Zone.

A Study on legal issues related to the use and use of public security data - Focusing on the contents of the EU's major guidelines for utilizing public data -

Ryu Ji Woong | 2020, 91 | pp.267~299 | number of Cited : 0

Various discussions are emerging on the collection of public data on security-related public data and the utilization of data by major criminal and judicial agencies at home and abroad. The purpose of the project is to ultimately "maintain public well-being and order, including the protection of people's lives, bodies and property, the prevention, suppression and investigation of crimes, and the protection of crime victims," through the collection and analysis of public data in the security sector. As of 2020, for the public's security, the police are showing a distinctly different effort than in the past regarding the use of security and criminal data in existing criminal justice agencies. For example, since 2016, the National Police Agency has been trying to commercialize the AI system called CLUE, which predicts the possibility of a crime. In other words, prediction of the likelihood of similar occurrence of certain crimes under certain conditions in the future is essential for the safety of the people through various data, such as patterns of occurrence of such crimes, crimes committed in certain areas, and local statistical figures. However, these research and development projects being attempted by the police have a somewhat different direction from the government's push to promote the provision and use of public data. In other words, rather than opening up public data held by the government and public institutions, the focus is on drawing meaningful information by utilizing internal police data or using it for security policy and investigation practices. The fundamental cause of this phenomenon is not because of the low quality of public data on public security provided by criminal law enforcement agencies, but rather because the core of the security data held by the police is crime-related information, which is not accessible to police officers and is strictly controlled from public disclosure. The police cite the "Act on Information Disclosure of Public Institutions," the "Act on the Effectiveness of Penalties," and the "Act on the Promotion of Electronicization of Criminal Procedure" as legal grounds for not being able to disclose criminal statistics raw materials to the general public. Unlike public data, which is encouraged by the government and the private sector to actively utilize it, alienating criminal data is a measure that neglects the safety of the people. Therefore, if it is difficult to open criminal and security data that are restricted to disclosure as public data, strategies for collecting and utilizing big data in the private and public sectors that can be utilized in the security field need to be sought. Through the revision of the Personal Information Protection Act, the Information and Communication Network Act, and the Credit Information Protection Act, which were legal restrictions on the use and promotion of existing security data, new governance for personal information processing was established around the introduction of the concept of alias information concerning the scope of personal information and the use and utilization of such personal information. It is also meaningful in that it provided a legal basis for the use and promotion of security data. For the use and utilization of security data, measures to utilize security data through the revision of current information protection laws or the enactment of special laws are needed.

Debate and Legal Issues on the Sanctity of Life - Focusing on Kuhse, H. theory -

KIM MINBAE | 2020, 91 | pp.301~326 | number of Cited : 0

With the recent development of biomedical science, various problems have emerged surrounding human life. From the birth, survival and death of man, religious principles and human interests are sharply divided. In other words, the sanctity of life or human dignity is in conflict over embryos, abortions, organ transplants and brain death. The sanctity of life also played an ideological role in the debate over abortion and euthanasia in the United States. The sanctity of life was presented as the rationale for the prohibition against killing innocent humans. On the other hand, Kuhse H. and Singer P. criticized the sanctity of life and advocated the quality of life and utilitarianism. On the religious level, the sanctity of life or human dignity is a concept with a long historical tradition. However, with the development of biomedical science, it is necessary to redefine the sanctity of life and human dignity. The need to redefine the concepts and relationships is being raised. That is, how to reset the interrelationships of the sanctity of life, human dignity, quality of life, etc. Doctors directly determine human life in the medical field. Based on what criteria of judgment should the patient be treated? Should we stop? When making an optional decision under certain circumstances, will we prioritize the sanctity of human life on a religious level? Or will you make a decision against the sanctity of life in consideration of the quality of life? Realistically, a solution is needed to solve the problem solving the problem. In this study, I’d like to examine the sanctity of life, the basis of the traditional life ethics of Christianity. How does the Bible explain the origin of the sanctity of life? Through an understanding of Christian on the sanctity of human life, I’d like to examine the sanctity of life which is the basis of human dignity. And criticizing Christian bioethics principles, I’d like to review Kuhse's claim to advocate quality of life and utilitarianism. Kuhse insists on a new life ethic that must be determined by the presence or absence of human consciousness. In this study, I’d like to analyze Kuhse's arguments in more detail, while at the same time reviewing the meaning of the traditional sanctity of life. Then, as Kuhse claims, with the recent rapid development of biomedical science, is the traditional bioethics of Christianity and the sanctity of life no longer worthy of existence? Is the quality of life, utilitarianism and the sanctity of life possible for harmony cooperation? What legal problems do arguments based on different interests cause with respect to the sanctity of life? Under any circumstances, we cannot give up human dignity based on the sanctity of life. But how to set an exception to the sanctity of life. It is necessary to examine the quality of life and the arguments raised by utilitarianism. After all, the standard of judgment on human life must be established by law. What's important is how to come up with justification and standards that everyone can accept. In this study, I have the main purpose of the study in presenting basic arguments and theories for the preparation of such alternatives in the future.

Public Concept and Guarantee of Fundamentals Rights in France

BAEK YUN CHUL , Lee， Dong-Kwang | 2020, 91 | pp.327~340 | number of Cited : 1

The text of the French Constitution itself has no provisions on basic rights, and the basic rights regulations are stipulated in the full text of the Fifth Republic Constitution. Today, the 2004 Environmental Charter is also recognized as a basic right regulation. These regulations constitute constitutional blocks. The general representation of the limits of rights in it is Article 4 of the French Declaration of Human Rights, where freedom is to achieve everything that does not harm others. Therefore, the exercise of each natural right is limited only to securing the enjoyment of the same rights for other members of society. These limits are determined only by law.' Article 5 also states that the law has the right to prohibit only acts harmful to society. All acts not prohibited by law shall not be obstructed, nor shall anyone be forced to commit acts not ordered by law.' These regulations are based on Article 6's "Law is the expression of the general intention" and provide a basis for negatively identifying the review of the constitutionality of laws under the Constitution in the first place as a regulation representing legal centralism. Therefore, there is no regulation of basic rights by public interest, such as the Korean Constitution, and the restriction of basic rights in the French Constitution can be understood as an inherent limitation by expressing in Korean the "others have the same rights." And this French basic authority limit is recognized by the aggregation of the ruling. In addition, the principle of general interest in France and public welfare in Article 37 of the Korean Constitution is the basis for the judgment of unconstitutionality. In this regard, I think it is also necessary to discuss the link between the criteria for judgment in various public liberties and the criteria for judgment on basic rights. The concept of French basic rights has until recently been ignored within the real law. The concept of basic rights was born with the Universal Declaration of Human Rights after World War II. The guarantee of basic rights in today's Constitutional Court is thought to be better understood by considering the unique ways of freedom and rights development in France.

A Legal and Institutional Study on prevent child abuse in the home

Oh Sam Gwang | 2020, 91 | pp.341~356 | number of Cited : 5

On the Study of Judicial Review for Equal Protection

Lee Young Woo | 2020, 91 | pp.357~379 | number of Cited : 0

A Study on Provincial Urban Policy in Response to Super-Aged Society

Choi, In Ho | 2020, 91 | pp.381~396 | number of Cited : 2

Études sur la responsabilité administrative en droit public dans une société du risque

Kim, Chul Woo | 2020, 91 | pp.397~428 | number of Cited : 3

Traditionnellement, en vertu du droit public de la Corée du sud, le système de supplément des dommages a une double structure d'indemnisation comme suit : L’indemnisation par l'État pour actes illégals et indemnisation des pertes pour actes légals. La loi portant sur la double structure d'indemnisation de l'État introduit partiellement une responsabilité sans faute pour les dommages causés par des défauts dans l'installation ou la gestion des domaines publics, mais dans d'autres cas, elle adopte le principe de responsabilité pour faute qui requiert l'intention ou la négligence des agents publics. Selon ce susmentionné, il y aura inévitablement un vide dans la responsabilité administrative pour les dommages causés par des actes illégals, mais sans faute de la part des agents publics ou des pertes subies aux intérêts juridiques et immatériels en raison d'une administration légitime. La société moderne est une société du risque où les catastrophes sociales telles que les incendies, les explosions, le terrorisme, la pollution environnementale, les poussières fines et la propagation des maladies infectieuses se produisent fréquemment, y compris les catastrophes naturelles imprévisibles. Dans une société du risque, la nécessité pour l'État d’assumer la responsabilité sans faute s'est accrue conformément au principe de la responsabilité sans faute fondée sur l’égalité devant les charges publiques en raison du changement de la structure sociale et de l’évolution de perception de la mission de l'État. L'État est également responsable des administratives conformément aux principes de socialisation du risque et de solidarité sociale dans la perspective de la protection des victimes, même si sa responsabilité n'a pas été directement mise en cause pour des dommages tels que les choses dangereuses. Par conséquent, pour que l'État assure la fonction d’assistance au niveau exigé par l'administration contemporaine, il est nécessaire de déplacer d'abord les diverses formes de question de la violation des droits de propriété, traitées comme un sujet d'indemnisation prioritaire des pertes, au problème de responsabilité administrative. À cette fin, il est impératif d'introduire la responsabilité sans faute, y compris celle fondée sur le risque, en atténuant les exigences de responsabilité de l'État en matière de réparation fondée sur le concept subjectif sur la responsabilité pour faute. À cet égard, les principes juridiques de la responsabilité administrative et de la responsabilité sans faute pratiqués en France devraient avoir de nombreuses implications législatives à l'avenir.

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2020, Vol.91, No.