公務員勞組法의 立法方案 : 金相九

김상구 충북대학교 대학원 2004 국내석사

地方公務員 身分保障制度에 관한 問題點과 改善方案

오창근 충북대학교 2009 국내석사

According to Article 7 of the Constitution, civil service shall render service to the nation, and hereby take responsibility for it. Government Employees and political neutrality shall be guaranteed by the Acts concerned, which as a legislation principle implies that a career official system is a democratic and legal office system based on people sovereignty system, not affected by any power holders, and not dismiss civil service officers without any just reason in the same reign of government. Therefore, except the case that the abolishment of a post or the excess of the personnel happens by means of reorganization or decrease in budget, no members of civil service will not be disadvantaged without his/her liability, which means, under a local civil service organization taking a merit system, a head of a civil service can't take a disadvantageous action to them on his own authority. In the case of violation of such a condition, it means he would infringe on the essence of the system. Since the operation of the self-government, our local civil service system has accomplished various ways to intensify competitive power such as the betterment of appointment, the reinforcement of discipline, the introduction of a merit system, the employment of a non-government person, the increase in expertise posts, suspension system from office to nongovernmental task, an open system to posts and guarantee civil service's rights and its status by the control of discretion of a local head. However, under the condition with few experiences in self-government, an evil of favoritism has flourished by the deviation or abuses of a local head's discretion with decentralism and autonomy in rapid practice, by which it is assumed even the political neutrality and the post guarantee of civil service are at such a risk. In the end, it is presumed these and those problems may threaten the base of a career civil service system service to be willing to work for the nation by post guarantee and to perform a duty fairly for the public good through the political neutrality in the time of power changes. In the research I have identified the necessity of status guarantee of the local civil service and find a measure necessary to intensify the competitive power of a civil service. Firstly, the classification of the post office is in a state of disorder with employment, valuation, discipline, retirement in addition to a hierarchical system. Accordingly, we need to improve the public office classification ways through the careful analysis to tasks. That is, the kind of the public office should be classified according to the office property concerning the expertise property, the equality, and the elasticity of public administration , the types of career development, and the service style. Also we should redesign the classes of the position in the direction of elasticity and equality of the class system. In order to do so, we should downsize the present 9-class positions and change the concept of elevation by means of a wage rank. Secondly, the political neutrality and expertise of the personnel department is necessary for the establishment of the local civil service's status guarantee and the career public officer system. For the solution of it, the followings are proposed; the foundation of dual personnel committee, the term prolongation of its members, the quota of the members by the local assembly's recommendation, the alteration of the method of the personnel committee's chairman election. Thirdly, the fairness and objectivity of a disciplinary action is necessary. As a solution of it, I mentioned the establishment of a local disciplinary committee and the standard of a disciplinary level. Fourthly, the independence and fairness of a local appeal committee is required to protect rights of the local civil service and defense it from disadvantageous actions. For it, I proposed the followings; the separation of a local appeal committee's provinces, the upgrade of expertise of it, the minimalization of obstacles to appeals, the insurance of effectiveness about judgement&settlement, and the integrated management of appeals-judgement and difficulties-dealing. Fifthly, we need the management of retirement systems based on merit system and the betterment of retirement systems considering a social change such as an aging society. As a measure of it, I presented an elastic retirement system practiced in England and an intensification of education for social adaptation after retirement. Lastly, I suggested a development measure deriving out problems of civil service dismissals recently practiced in a few local self-governments. Some complements are needed to succeed in civil service dismissals. The followings have to be preceded; the improvement of office classification, appointments, placements, disciplines, and performance evaluations. And then an institutional device has to be accompanied to screen service members to be dismissed. Particularly, above all, the consolidation of a local assembly's power, the independence in the organization and role of a personnel committee, and the independence and impartiality of a appeals committee are needed.

토지거래허가제의 법적 쟁점과 개선방안

이종현 충북대학교 법무대학원 2006 국내석사

Korea has lots of land problems originated from limited land capacity and overpopulation. Since 1960's, Korea has accomplished remarkable economic development, and also experienced industrialization and urbanization. But, in the process of these changes, there has been overdemand for land, and lan price has continuously risen due to insufficient land supply. Consequently, land problems have been worsen and caused serius social unfairness. By these reasons, the government had inevitably legislated a series of laws of Land Public Concept of justifying social restrictions on land property. But, unfortunately, these laws have been abolished or alleviated recently. It is due to some reasons ; sided-effects caused by direct governmental interventions in land property, economic necessities to revive national economy, and continuous decline in land price. The Law About The Plan And Use Of The Land 118 clause says "The person who will transact a land in the restricted region should obtain the permission from the public office. If he or she does not have the permission, he or she can not transact a land. And if he or she contracts without it, the persons concertned will be given a penalty by The Law 141 clause. Korean constitutional law guarantees the private-ownership system in its para.1 of art.23, however, the para.2 of Art.23 of Constitutional Law emphasizes a society, and thereby, it seems that an effort is given to harmonizing 'the ideology of a social state' which is pursued by our constitutional law and property right. The land Transaction Approval System was introduced with an aim of cubing of speculation on real estate, stabilization of the land price and the reasonable use of land has caused many controversities, rangin from itunconstitionality isssues to its ineffectiveness. but because the nature land, such as limitness, exclusiveness, and non-substituability, the land Transaction Approval System is More study and research should continue to be followed for systematically improving regulation system proper in the current situation, which aims at establishing the order of the land deal institutionally and technically Most land policies are temporary measures taken to curb speculation on real estate, especially land. Because The Land Transaction Approval System come as part of the measure to curb speculation on real estate. The Land Transaction Approval System introduced without any analysis of the adverse effect incurred by the implementation of this system is in an actual situation that it is falling into degeneration as one ceremony of passage.

地方敎育財政 확보를 위한 法制 개선방안

김상호 충북대학교 법무대학원 2010 국내석사

This article is to analyze the actual condition of the given condition of education for elementary and middle school in Korea and to derive the issue to present feasible finance security plan. Also this article suggests the plans establishment and reformation of related regulation to secure the local education finance. First is the reform of Local Education Subsidy Act and related regulations to appropriate financial resources with tax income of general account and to levy the education tax and to give authority of taxation. Second is to make education tax as permanent tax and to establish new education tax from an income tax. Third is to eliminate or complement unreasonable regulation on education expense subsidy, and fourth is to charge school site share to government. For this, We need to reform the 「Regulation on Creation, Operation and Accounting Management of School Development Fund.」 Many regulations related to local education finance are based on different law, and it makes it difficult to understand the local education finance system. This article presents「Act on Local Education Finance(tentative name)」to unify all the regulation as one legal regulation and to systematize.

學院 관련 判例分析을 통한 法制 改善方案

서효정 충북대학교 법무대학원 2010 국내석사

The public education normalization is one of the most important issues in Korea. Korean government has made the policy to strengthen the competitiveness for public education, but it is usually by suppression of private education. Even in these days, the government keeps its policies like midnight lesson prohibition of private institute. If the government considers its side effect for total ban of private lesson in the past, it should consider educational authorities more than unconditional regulation. The government should owe a duty for the best educational service to people and it should aware that the private institute staffs are also Korean people whose right should be secured. The law suit related to private institute facility has happened since 1980s. This article classified judicial precedent as the definition of private institute, facility standard and the type related to administrative disposition, and subdivided the definition as the temporary number of persons to be accommodated, the lesson course and the subject, and the facility standard as the use of the architecture and the lawsuit on space standard of facility. The administrative disposition is classified as the lawsuit on the lesson suspension and the cancellation of a registration. This article is to find out the cause of continuous similar lawsuit to present an improvement plan to reduce the wasting lawsuit so that can make the effective private regulation plan. To easily understand, this article is going to explain the definition, concept and history of private education. Especially this article introduces the establishment and the revision process of Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (Act on Private Institute at that time). The excessive competition made the private institute market enlarge, but the essential function has to be admitted to make appropriate regulation to be complementary to public education. Especially the legal system to private education outside the regulation is the most wanted. There are various regulations and government offices for private education facilities in various form, so any private education has to be applied by Act on Private Education Facility without any exception unless there is extra regulation like regional specialty or excellent regulation. This article investigated the ordinance based on the ministry of education in Chungcheongbuk-do. It is a good example that the law made its establishment basis recently constitutionalized differently from past by ‘adjudication on constitutionality on private dormitory institute.' This article is to lead the private education regulation to go reasonable direction.

국가배상법과 공무원개인책임

이병육 충북대학교 법무대학원 2003 국내석사

결혼이민자의 법적지위

이상삼 충북대학교 2012 국내석사

In the Korean society with a deep-rooted pure-blood sense, marriage immigrants are in trouble with communication, culture clash and so on. Besides, it is true that they are having economic difficulties which cannot be easily overcome in the country. Now the marriage immigrants, however, became people who have to settle and live along with us in Korea. This being so, we should establish the foundation on which they can enjoy their lives. Therefore the government is responsible for preparing the institutional base and complementing it. First, the irrationality or the flaw of marriage matchmaking and conclusion could be the crucial factor of whether or not the married life succeeds. That is why the irregular process of international marriage should be rooted out in advance. Thus, in Chapter Ⅱ of this study, I intend to seek for the institutions and improvements for preventing the absurd in the matchmaking process of the international marriage on the basis of 'Marriage Broker Regulation Act'. And I also intend to find out requirements to come into being the international marriage based on 'Private International Law'. Secondly, in Chapter Ⅲ, in order to prevent the harmful effects such as a fake marriage, a quick marriage like human trafficking, this research would cover the procedure of a visa issuance and of an entry permit, and would cover the reform of the visa system for marriage immigrants, based on 'Integrated Guideline for Marriage Immigrants (F-6) Visa and their Sojourn Control' which has been recently modified with a new judging standard in marriage visa issuance. Thirdly, in Chapter Ⅳ, I intend to consider the status which has been granted to marriage immigrants living in Korea, such as the legal status in 'Korean Constitution' and International Regulations, the status in 'Framework Act on Treatment of Foreigners Residing in Korea', the status in 'Support for Multi-cultural Families Act', the status in Social Security Acts, the status in 'Immigration Control Law' and marriage immigrants as permanent residency. And then I would also highlight the problems in the respective laws and draw the improvements. Fourthly, in Chapter Ⅴ, I am going to review the status in 'Nationality Act' including the procedure for obtaining the nationality which is essential for the married to settle down in our society finally and safely. And then I am going to find out the drawbacks and their remedies. Fifthly, In Chapter Ⅵ, I will make a conclusion about the problems and solutions in overall laws relating to the marriage immigration which have been reviewed in this study. It is true that marriage immigrants are taken into the legal consideration including several facts that they have no restrictions in getting a job, and that they are allowed to stay as long as they wish unless their marriage life would be destroyed because of their imputation, and that they enjoy the relatively eased requirements in obtaining permanent residency or nationality, compared with people who hold other sojourn status. However, it is difficult for them to be permitted a visa extension until they could acquire the permanent residency or nationality, when their marriage is not working well. Furthermore, in case there are no children between a Korean spouse and a marriage immigrant, it is not guaranteed that he/she is allowed to stay legally with the F-6 status. Therefore it is needless to say that it is urgent for them to gain nationality or permanent residency in order to get out of the insecure position and maintain the stable life. However, they must reside within the country maintaining marriage for at least 2 years in principle, and be basically equipped with the capability to make their living and language ability to become a Korean national. It is not so easy to meet such conditions for the short period of 2 years. Thus, so as to minimize these obstacles, it is advisable to provide the immigrants with institutional strategies and programs allowing them to train Korean language or culture adaptation before they enter this country. And it is also desirable that even after they enter Korea, the work like 'Social Integration Program' mainly focused on the understanding about Korean language and society should be legislated as a compulsory course that the married should complete, which will be of great help for them to smoothly adjust in our society. The marriage immigrants permitted naturalization have all the rights and duties prescribed in 'Korean Constitution' as Korean nationals. Because the law banning discrimination to the naturalized people has not been enacted, however, it is highly possible in reality for the immigrants to be invisibly discriminated or for their human rights to be invaded for their awkward speaking or different skin color. That the migrants have acquired nationality does not mean the discrimination or the invasion of human rights on the grounds of different race and skin color disappeared. So it is essential to legislate against discriminating human race (or multi-cultural population). In conclusion, the effort is badly needed which can drastically improve the laws and regulations relating to the marriage immigrants, by granting the rights in accordance with those of domestic people, as we can see the case that some countries are giving almost the same rights to the marriage immigrants along with their domestic people, except for suffrage, the right to run for, and the right to be civil servants.

實效性있는 條例制定을 위한 法制 整備

김한기 충북대학교 법무대학원 2002 국내석사

교육행정기관에서 지방계약법의 문제점 및 개선방안

김진호 충북대학교 2012 국내석사

의무교육 유예·면제자의 교육권 보장 방안

이재란 충북대학교 법무대학원 2013 국내석사

The Measures for the Educational Right of Students who want to Drop out of School in the Compulsory This dissertation is intended to derive a measure of guaranteeing the right to education of people in probation or exempt from compulsory education for not being able to complete studies due to unavoidable reasons. Compulsory education is an instrument for policy that guarantees the right to education for citizens and makes the government fulfill an obligation of education by providing the least and also elementary education for the entire nation regardless of social background or economical status. As for a legal ground, the 2nd article in the 31st provision from constitution represents a clause that all the citizens are obligated to provide at least elementary education and also an academic curriculum that the law specifies for their children. The 8th provision in the Fundamentals of Education Act has specified a compulsory education as six years of elementary education and three years of secondary education. In addition, the 13th provision in the Elementary and Secondary Education Act has specified an obligation of parents to send their children to school in a certain age. As shown above, not all the children fulfill a course of education the law specifies even if a compulsory education is specifically defined by the law. The first provision in the constitution has specified a clause that "all the citizens have a right to be equally educated depending on ability." Hereupon, all the citizen are eligible to have a proper level of education depending on the ability. If there are students that could not complete a course of compulsory education regardless of the reason, the government is obligated to provide an appropriate and necessary education for them and to guarantee for the freedom of education not to be violated. Compulsory education is established for an objective that all the citizens are to receive minimum education in order to realize a right to education. However, it is now an issue that current law might serve as an obstacle for providing superior education to students. It is not desired to equate compulsory education specified in the constitution with an obligation for parents to send their children to school in a certain age according to Elementary and Secondary Education Act and the Fundamentals of Education Act. Hereupon, alternative schools, home-schooling, and preparatory schools have been suggested as a measure of guaranteeing the right of compulsory education for students that were not able to complete a current course of study in elementary and middle school. In order to maintain a stable legal status of aforementioned measures while according with the purpose of constitution, it has been suggested that organization of regulations for establishing and operating alternative schools to be actively accepted, addition of exceptional clauses on the obligation of parents to send their children to school in a certain age from Elementary and Secondary Education Act and the Fundamentals of Education Act, and preparation of a single law for alternative schools and home-schooling are required.