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조병선 전남대학교 5.18연구소 2001 민주주의와 인권 Vol.1 No.2
AT the century's end, societies all over the world are moving from authoritarian rule to democracy. Revolutionary political change challenges the paradigms used to understand and legitimate law in ordinary times. How should transitional democracies cope with gross violations of human rights by prior regimes? State practice ranges from a policy of "forgive and forget"(clean break model) to policies of vigorous prosecution (criminal prosecution model). The middleground between two models is reconciliation model. In Korea 1980 the coup of Chun and Roh led to bloody conflicts in the city of Kwangju. As a consequence of its violent seizing of power and its close links with the Park regime, the authoritarian regimes of Chun and Rog found themselves in a crisis of legitimacy from the very outset. Since a corruption scandal involving Chun and Roh was disclosed in mid-November 1995, the new civil govenment of Y.S. Kim finally agreed, following pressure from the public at large, to instigate criminal proceedings against Chun and Roh in conjunction with their bloody past. Parliament adopted statute of limitation Act and Korean Court deemed all activities to seize power, even if they were formally legalized at a later date, to be acts of high treason. But in December 1997 Y.S. Kim pardoned Chun and Roh. The pardon was to be an expression of national reconciliation particularly against the backdrop of the severe economic crisis in Korea and the surrounding region. In summing up, the case of Korea belongs to the relative clean break model, in which the criminal prosecution coping with the past played a role as a conduct rule for citizen, while pardon played a role as decision rule for judiciary. In order to make the role of criminal prosecution clear, the bloody incident in Kwangju should have been focused in criminal proceedings.
조병선 한국정보기술학회 2011 한국정보기술학회지 Vol.9 No.2
최근 스마트워킹에 대한 관심이 높아지고 있다. 다양한 ICT 기술과 결합한 스마트워킹은 언제 어디서나 편리하고 효율적으로 일할 수 있는 업무환경으로 정의되고 있으며, 이러한 스마트워킹을 통하여 출퇴근 교통량 감소에 따른 탄소배출량 저감, 저출산/고령화, 국토균형발전 등의 다양한 사회적 숙제를 해결하고 삶의 질 향상 및 노동생산성 증대를 실현하고자 정부와 기업을 중심으로 스마트워킹을 적극적으로 채택하려는 움직임이 나타나고 있다. 본고에서는 스마트워킹에 대한 이해를 도모하기 위하여 스마트워킹의 배경, 효과적 실행방향과 공공부문의 추진 동향에 대해 살펴본다.
조병선 청주대학교 학술연구소 2007 淸大學術論集 Vol.9 No.-
The legal question raised by Kwataeryo is whether a mere change of 'label', from criminal wrongdoing to regulatory wrongdoing, eliminates the need to extend to individuals prosecuted under them all the constitutional protections accord defendants in criminal trials. The difficulty in insuring a triumph of substance over from in this area lies in the definition of criminal wrongdoing as opposed to regulatory wrongdoing. This research will explore the various approaches to solving these legal issues, and in so doing, identify the key distinctions between criminal and regulatory wrongdoing. By focusing the purpose for the separate existence of criminal wrongful act and regulatory wrongful act, a workable test for descrimination between two forms from the Genrman and American experience may be developed. Especially the German experience has become a worldwide Model for Regulatory Offense Law. Finally the author inquires into the function, operation and necessity of changing the Regulatory Offense Law in Korea and examines the doctrinal roots of traditional agency practice regarding the imposition of penalties in order to determine whether this practice is reasonable. This evaluation requires the examination and the comparison of foreign legal models.