‘法規命令形式의 行政規則’의 法規性 判斷基準論

이상천 중앙대학교 법학연구원 2010 法學論文集 Vol.34 No.3

In principle, ‘Administrative Inner-control Object’ should be controlled by Administrative Rule not by Administrative Regulation, but if Administrative Inner-control Object is controlled in the form of Administrative Regulation, its legal character should be questioned. Firstly, both of the following questions are brought up simultaneously; one is ‘what is Administrative Inner-control Object’ and, the other is ‘when it is controlled in the form of Administrative Regulation, what its legal property would be’. Our case law answers that as a matter of legal character. In case that there are inconformity between the form and substance of its regulation, the case law’s attitude has reasonability in a degree keeping consistency from beginning to now. But in case of just the case precedent of enforcement decree of passenger transport service act, its attitude is different from the past attitude of case law in some aspects. Concerned with Administrative Rule in the form of Administrative Regulation, the arguments surrounding deciding criterion of legal character and recognizing criterion Administrative Inner-control Object would be going on permanantly. We can say ‘the more property of administrative discretion, the more property of Administrative Inner-control Object’ Thus the basic property of Administrative Inner-control Object would be the strongness of character of administrative discretion. Firstly, the more character of activeness·policy-making the concerned administration has, the more possible it would be to choose one from both of the two, discretion administration and binding administration. If so, the matter of giving the legal character to the administration should be decided by its form not by its substance. Secondly, the more profitable the administration concerned is, the more possible it would be to choose one from both of the two, discretion administration and binding administration. But in case of infringing administration there’s no way but to choose discretion administration in consideration of the private person’s legal status as counterpartner. Thirdly, if the administrative sanction concerned is retroactive, the spirit of law commands that the counterpartner of the administration’ legal status should be protected thoroughly, thus, the administration should be left in the midst of discretion, and the rule should have only the character of Administrative Rule. But if the administrative sanction concerned has the character of aiming for the future, it would be ‘vice versa’. Fourthly, the more policy-making character the administration concerned has, the controlling norm of it would have less legal character. In conclusion, in case of discretionary criterion, the deciding criterion of its having legal character or not depends upon the strongness of discretion and the necessity of keeping discretion for the counterpartner of the administration concerned. In principle, ‘Administrative Inner-control Object’ should be controlled by Administrative Rule not by Administrative Regulation, but if Administrative Inner-control Object is controlled in the form of Administrative Regulation, its legal character should be questioned. Firstly, both of the following questions are brought up simultaneously; one is ‘what is Administrative Inner-control Object’ and, the other is ‘when it is controlled in the form of Administrative Regulation, what its legal property would be’. Our case law answers that as a matter of legal character. In case that there are inconformity between the form and substance of its regulation, the case law’s attitude has reasonability in a degree keeping consistency from beginning to now. But in case of just the case precedent of enforcement decree of passenger transport service act, its attitude is different from the past attitude of case law in some aspects. Concerned with Administrative Rule in the form of Administrative Regulation, the arguments surrounding deciding criterion of legal character and recognizing criterion Administrative Inner-control Object would be going on permanantly. We can say ‘the more property of administrative discretion, the more property of Administrative Inner-control Object’ Thus the basic property of Administrative Inner-control Object would be the strongness of character of administrative discretion. Firstly, the more character of activeness·policy-making the concerned administration has, the more possible it would be to choose one from both of the two, discretion administration and binding administration. If so, the matter of giving the legal character to the administration should be decided by its form not by its substance. Secondly, the more profitable the administration concerned is, the more possible it would be to choose one from both of the two, discretion administration and binding administration. But in case of infringing administration there’s no way but to choose discretion administration in consideration of the private person’s legal status as counterpartner. Thirdly, if the administrative sanction concerned is retroactive, the spirit of law commands that the counterpartner of the administration’ legal status should be protected thoroughly, thus, the administration should be left in the midst of discretion, and the rule should have only the character of Administrative Rule. But if the administrative sanction concerned has the character of aiming for the future, it would be ‘vice versa’. Fourthly, the more policy-making character the administration concerned has, the controlling norm of it would have less legal character. In conclusion, in case of discretionary criterion, the deciding criterion of its having legal character or not depends upon the strongness of discretion and the necessity of keeping discretion for the counterpartner of the administration concerned.

儿旁의 几旁과의 편방 혼동 현상과 관련 한자의 자형 표준화에 대한 提言

김준수(Kim, Jun-soo) 한국중어중문학회 2020 中語中文學 Vol.- No.81

In Kaishu style, “人 rén” is transformed to “儿 rén” when it is located below another character. This varied form “儿 rén” is often written as “几 jī” when it is not attached to the part right above it. For this reason, the Chinese characters containing “儿 rén” that is not in contact with the upper part, such as “虎 hǔ”, “微 wēi”, “禿 tū”, “宂 rǒng”, “亮 liàng” and “兜 dōu”, often have a variant form in which “儿 rén” is transformed to “几 jī”. There are not a few inconsistencies of the forms of components in Chinese character fonts currently used in Korea; more seriously, even the same character has slightly different forms depending on the font. These inconsistencies have been an obstacle that hinders Chinese character education. The same problem is found in the characters that contain “儿 rén”. Therefore, this paper closely examined how neighboring countries in the Chinese character cultural sphere handled this issue for the establishment of standard Chinese character forms. In addition, this paper presents two suggestions that can serve as a reference in dealing with this issue in the process of revising domestic Chinese fonts based on the examples of other East Asian countries. First, based on Shuowenjiezi, for the characters containing “人 rén” in Xiaozhuan style, the forms with “儿 rén” are regarded as a standard in Kaishu style as well. Second, in consideration of the findings of Chinese grammatological studies and the tradition of Kaishu style in actual calligraphic practice, the forms with “几 jī” are regarded as a standard except for “宂 rǒng”, “呪 zhòu” and other characters that have been clearly known to include “儿 rén” for etymological reasons. The most important point is, whichever of the two is adopted, to improve the systemicity and regularity in the structure of Chinese characters by unifying the different component forms to a fullest extent. As the current issue, that the forms of the same component change slightly depending on the character or the forms of characters vary depending on the font, has a very negative effect on Chinese character education, an improvement is urgently needed.

韓·中·日 常用漢字의 比較 考察(3)-國內 通用略字의 整理를 爲하여-

남기탁 한국어문교육연구회 2010 어문연구(語文硏究) Vol.38 No.2

本 論文은 지난 2009년 12월(144호)과 2010년 3월(145호)에 발표된 「韓․中․日 常用漢字의 比較 考察(1), (2)」의 後續 論文이다. 韓國人의 입장에서 國際文字로서의 漢字의 效用을 생각할 때 中日의 簡化字와 略字類를 韓國 略字로 積極 受容하여 활용함이 옳다. 동시에 韓國의 正字 중심의 漢字 생활은 유지하고 中日에 대하여서는 韓國 正字 敎育에 誠意를 보일 것을 촉구한다. 日本 常用略字는 248字 정도에 불과하고 거의 100% 가까이 韓國 略字와 일치한다. 韓國 略字는 韓國語文敎育硏究會에서 배포한 略字 目錄을 중심으로 하여 中日 略字 目錄에 없는 韓國에서만 쓰이는 略字들만 선별하여 159字 정도를 살펴보았다. 本考가 國際文字로서의 漢字의 效用을 喚起시키고, 三國人의 文字 疏通을 위한 苦悶 解決에 약간의 도움이 되기를 바란다. Hanja(Chinese Characters) is the Korean language character with Hangŭl. At the same time Hanja is the International character. For mutual understanding of character through Hanja in Korea, China, Japan is necessary the standardization of letter form. transitionally I insist a reception of a simplified character for the understanding of Chinese, Japanese character. But it is not to give up the correct form of a character. I request to use the correct form of a character with a simplified character in China, Japan. a simplified character of Korea and Japan is the same nearly. Only a simplified character of Korea is about 159 characters. I expect that this paper becomes to call your attention to utility of Hanja as International character.

韓·中·日 常用漢字의 比較 考察(2) -國內 通用略字의 整理를 爲하여-

남기탁 한국어문교육연구회 2010 어문연구(語文硏究) Vol.38 No.1

Hanja(Chinese Characters) is the Korean language character with Hangŭl. at the same time Hanja is the International character. For mutual understanding of character through Hanja in Korea, China is necessary the standardization of letter_form. transitionally I insist a reception of a simplified character for the understanding of Chinese character. But it is not to give up the correct form of a character. I request to use the correct form of a character with a simplified character in China. a simplified character has be in common use from the ancient times in Korea. A contemporary simplified character of China includes traditional character, a sort of complicated character. This paper compared difference between the traditional character of China and the correct character of Korea. I expect that this paper becomes to call your attention to utility of Hanja as International character. 韓國人의 입장에서 國際文字로서의 漢字의 效用을 생각할 때 中․日의 簡化字와 略字類를 韓國 略字로 積極 受容하여 활용함이 옳다. 동시에 韓國의 正字 중심의 漢字 생활은 유지하고 中․日에 대하여서는 韓國 正字 敎育에 誠意를 보일 것을 촉구한다. 本考에서는 中國에서는 淘汰시킨 韓國 正字를 파악하고, 韓中 文字 疏通의 편리를 도모하는 차원에서 韓國 正字와 中國 傳承字 및 繁體字를 상호 비교하여 劃數에 차이가 있는 것은 正字와 略字의 개념으로 정리하여 略字 選定 目錄에 넣었다. 本考가 國際文字로서의 漢字의 效用을 喚起시키고, 三國人의 文字 疏通을 위한 苦悶 解決에 약간의 도움이 되기를 바란다.

楷書體의 字形敎育과 變異字素

박추현 경상국립대학교 경남문화연구원 2011 남명학연구 Vol.32 No.-

The Chinese characters in the form of Kaishuti currently used in Korea have been arranged through a long term process of standardization but have many big and small problems in terms of study and application. One of them is the enormous number of variants of individual graphemes. Chinese characters had the meaning-representing of the forms themselves much damaged after the change to clerical script, and most of the individual graphemes were encoded but still function as the parts of meaning or sound. However, they also take completely different forms according to the locations or the objects and methods of combination in many cases. Those phenomena are part of the most demanding issues to solve when studying and applying Chinese characters. The investigator has invested several years in extracting and sorting out graphemes in Chinese characters with interest and presented preliminary results. In 2010, the investigator presented a paper titled "A Study on the Variant Forms of Graphemes in Chinese Characters in the Form of Kaishuti," which analyzed and sorted out the variant forms of graphemes when there were two or more character forms or two or more different graphemes were arranged in the same forms as the forms of certain graphemes settled down in the form of Kaishuti through Lishu in the family of ancient characters. The primary goals of this study were to propose some ways to make use of variant graphemes for the education of Chinese character forms based on those findings and gather some opinions regarding the subject. There will be a good number of issues to emerge in the process, and the most serious one will concern the risk that more confusion will be added to the education if the variant graphemes from the perspective of Chinese characters study and those as part of a practical character system are to be individually distinguished and analyzed according to the same criteria. In addition, it is no simple matter to set the scope of Chinese characters to be analyzed. Those issues cannot be solved by a couple of researchers, and it is urgent to get some basic data to initiate the discussion. Thus the study set out to analyze and sort out the individual variant graphemes found in the 1,800 "Basic Chinese Characters for Education" whose scope has already been set, as well as to provide some personal opinions regarding their utilization plans. 현재 우리나라에서 사용되고 한자의 해서체는 오랜 기간 동안의 규범화과정을 거쳐 정리된 것이지만, 그 학습과 운용에 있어서는 여전히 적지 않은 문제점들이 존재하고 있으며, 그 중 하나가 개별 자소의 변이형태가 워낙 많다는 점이다. 한자는 隸變 이후 자형 자체의 象意性은 많이 훼손되어 대부분의 개별 자소들이 符號化되긴 하였지만, 여전히 義符 혹은 音符로서의 기능을 유지하고 있는데 비해, 자소의 사용위치 혹은 결합대상이나 방법에 따라 전혀 다른 형태로 나타나는 경우가 많기 때문이다. 이러한 현상들은 한자의 학습과 운용과정에서 봉착하게 되는 난제들 가운데 해결하기가 가장 까다로운 문제라 아니할 수 없을 것이다. 필자는 몇 해에 걸쳐 한자의 자소추출 및 정리에 관심을 갖고 일련의 작업을 진행해 왔으며, 2010년에는, 고문자 계통에서의 특정한 자소의 자형이 예서를 거쳐 해서체 자형으로 정착하는 과정에서 두 개 이상의 자형으로 나타나는 경우 혹은 상이한 두 개 이상의 자소가 동일한 형태로 정리된 경우 등의 자소들을 대상으로 하여, 그 변이형태를 분석、정리하여 「한자 해서체 자형에 나타나는 자소의 변이형태 小考」라는 제목으로 졸고를 발표한 바 있다. 본고는 이상의 작업 결과들을 바탕으로 하여, 자형교육 현장에서 변이자소들을 어떻게 활용할 것인가에 관한 방법을 제시하고 공론화하는데 일차적인 목적이 있다. 이 과정에서 적지 않은 문제점들이 적출 될 것이며, 그 가운데 가장 심각한 문제는, 한자학적인 관점에서의 변이자소와 실용적 문자체계로서의 변이자소를 동일한 기준으로 일일이 구분하고 분석해야 한다면 오히려 교육현장에서 혼란만 가중시킬 우려가 있다는 것이다. 또한, 분석대상 한자의 범위설정도 간단한 문제는 아닐 것이다. 이러한 문제는 결코 개별 연구자 몇 명에 의해서 결정될 문제가 아니다. 다만, 논의의 시작이 될 수 있는 기초자료는 시급히 제시되어야 할 것이라는 판단에서, 본고는 기왕에 설정되어있는 「교육용 기초한자」1800자를 대상으로 하여, 출현하는 개별 변이자소를 분석 정리하고, 그 활용방안에 관한 개인적 의견을 제시해 보려고 한다. 중국 교육부에서는 2009년에 공포한「현대 상용한자의 部件 및 부건명칭 규범(現代常用字部件及部件名稱規範)」을 통하여, 현대한어 3500 상용한자의 514개(441組) 部件을 제시해 놓고 있으며, 이 가운데에는 해서체에서도 운용되고 있는 ⺈(負字頭)、⺧(告字頭)、(春字頭)、(靑字頭)、⺢(水底) 등의 변이자소들도 포함되어 있다. 일반자소 및 변이자소가 모두 정리되어 학계의 논의를 거쳐 그 필요성이 인정된다면, 우리나라에서도 「교육용 기초한자」의 부록으로 構形素로서의 자소목록이 제시되어, 교육현장에서 유용한 기초자료로 사용될 수 있을 것이다.

韓․中․日 常用漢字의 比較 考察(4) -國內 通用略字의 整理를 爲하여-

남기탁 한국어문교육연구회 2010 어문연구(語文硏究) Vol.38 No.3

Hanja(Chinese Characters) is the Korean language character with Hangŭl. at the same time Hanja is the International character. For mutual understanding of character through Hanja in Korea, China, Japan is necessary the standardization of letter-form. transitionally I insist a reception of a simplified character for the understanding of Chinese, Japanese character. But it is not to give up the correct form of a char- acter. I request to use the correct form of a character with a simplified character in China, Japan. a simplified character has be in common use from the ancient times in Korea. A letter requesting a new Learning in commonly used character is no more than 260 characters in Korea. I expect that this paper becomes to call your attention to utility of Hanja as International character. 韓國人의 입장에서 國際文字로서의 漢字의 效用을 생각할 때 中日의 簡化字와 略字類를 韓國 略字로 積極 受容하여 활용함이 옳다. 동시에 韓國의 正字 중심의 漢字 생활은 유지하고 中日에 대하여서는 韓國 正字 敎育에 誠意를 보일 것을 촉구한다. 本考 제시 略字는 正字 기준으로 總 715字이다. 이 중 450餘字는 이미 韓國에서 통용되고 있는 略字이거나 蹟 迹, 輓 挽 등 韓國에서 두 글자 모두 사용되는 同字類의 略字이다. 따라서 추가 학습이 필요한 漢字는 260字 정도이다. 260字 정도만 추가로 익히면 中日의 漢字 字形까지 대부분 알아볼 수 있게 되는 것이고 나아가 이에서 類推되는 漢字들도 모두 미루어 짐작할 수 있게 된다. 本考가 國際文字로서의 漢字의 效用을 喚起시키고, 三國人의 文字 疏通을 위한 苦悶 解決에 약간의 도움이 되기를 바란다.

韓·中·日 常用漢字의 比較 考察(1) -國內 通用略字의 整理를 爲하여-

남기탁 한국어문교육연구회 2009 어문연구(語文硏究) Vol.37 No.4

Hanja(Chinese Characters) is the Korean language character with Hangŭl at the same time Hanja is the International character. For mutual understanding of character through Hanja in Korea, China, Japan is necessary the standardization of letter_form. transitionally I insist a reception of a simplified character for the understanding of Chinese character. But it is not to give up the correct form of a character. I request to use the correct form of a character with a simplified character in China. a simplified character has be in common use from the ancient times in Korea. I expect that this paper becomes to call your attention to utility of Hanja as International character. 漢字는 國語 속의 文字를 넘어서는 國際文字이며, 國際文字로서의 漢字의 效用을 생각할 때 더 이상 韓中日 三國 漢字生活의 異質化를 放置하여서는 안 될 것이다. 韓國人의 입장에서 國際文字로서의 漢字의 效用을 생각할 때 中日의 簡化字와 略字類를 韓國 略字로 積極 受容하여 활용함이 옳다. 동시에 韓國의 正字 중심의 漢字 생활은 유지하고 中日에 대하여서는 韓國 正字 敎育에 誠意를 보일 것을 촉구한다. 中國 常用字 3,500字 檢討의 일환으로 簡化字總表의 簡化字를 檢討한 바, 총 2,235字 中 496字가 簡化의 基本字가 되며, 中國의 基本 簡化字는 상당수가 현용 韓國 略字와 일치하거나 韓國 古文獻에서 그 사용 실례가 확인된다. 本考가 國際文字로서의 漢字의 效用을 喚起시키고, 三國人의 文字 疏通을 위한 苦悶 解決에 涓滴의 도움이라도 되기를 바라마지 않는다.

'法規命令形式의 行政規則'의 法規性 判斷基準論

李相千(Lee Sang-Cheon) 中央大學校 法學硏究所 2010 法學論文集 Vol.34 No.3

In principle, 'Administrative Inner-control Object' should be controlled by Administrative Rule not by Administrative Regulation, but if Administrative Inner-control Object is controlled in the form of Administrative Regulation, its legal character should be questioned. Firstly, both of the following questions are brought up simultaneously; one is 'what is Administrative Inner-control Object' and, the other is 'when it is controlled in the form of Administrative Regulation, what its legal property would be'. Our case law answers that as a matter of legal character. In case that there are inconformity between the form and substance of its regulation, the case law's attitude has reasonability in a degree keeping consistency from beginning to now. But in case of just the case precedent of enforcement decree of passenger transport service act, its attitude is different from the past attitude of case law in some aspects. Concerned with Administrative Rule in the form of Administrative Regulation, the arguments surrounding deciding criterion of legal character and recognizing criterion Administrative Inner-control Object would be going on permanantly. We can say 'the more property of administrative discretion, the more property of Administrative Inner-control Object' Thus the basic property of Administrative Inner-control Object would be the strongness of character of administrative discretion. Firstly, the more character of activeness·policy-making the concerned administration has, the more possible it would be to choose one from both of the two, discretion administration and binding administration. If so, the matter of giving the legal character to the administration should be decided by its form not by its substance. Secondly, the more profitable the administration concerned is, the more possible it would be to choose one from both of the two, discretion administration and binding administration. But in case of infringing administration there's no way but to choose discretion administration in consideration of the private person's legal status as counterpartner. Thirdly, if the administrative sanction concerned is retroactive, the spirit of law commands that the counterpartner of the administration' legal status should be protected thoroughly, thus, the administration should be left in the midst of discretion, and the rule should have only the character of Administrative Rule. But if the administrative sanction concerned has the character of aiming for the future, it would be 'vice versa'. Fourthly, the more policy-making character the administration concerned has, the controlling norm of it would have less legal character. In conclusion, in case of discretionary criterion, the deciding criterion of its having legal character or not depends upon the strongness of discretion and the necessity of keeping discretion for the counterpartner of the administration concerned.

漢語動詞の使役文 : 「sikida·ge hada」形との対応関係を中心に

權勝林 韓國外國語大學校 外國學綜合硏究센터 日本硏究所 2014 日本硏究 Vol.0 No.60

Causative construction of Chinese character verb Korean has a "sikida" form as Chinese verb-only format in addition to the form "ge hada". Furthermore, it is also derived in the form of a causative construction of general verb to "ge hada" form. In this paper, while keeping in mind the overall picture of Chinese character verb in Korean, to target the causative form of the two, practice comparative analysis of semantic feature and the establishment of each format. Further, as a result of the analysis to a double causative construction, it is possible to present the following conclusions. 1) It is divided into [A-2] type and [A-1] type by causative form of Chinese character verb "sikida", "saseru" form to become a transitive construction or causative construction. [A-2] type is subclassified to [A-2-1]type which becomes transitive verb in the corresponding spontaneous causative construction and [A-2-2] Type representing a similar meaning of "Chinese character word + suru" form "Chinese character word + saseru" form. 2) In the case of Korean "sikida" form, in [K-A-1] type, "sikida" form represents the meaning of the causative and transitive verb, "ge hada" form represents the meaning of the typical causative. The [K-A-2-1] type, "sikida" form represents the meaning of the transitive verb, and "ge hada" form represents meaning of spontaneous causative construction. The [K-A-2-2] type, "sikida" form represents the meaning of the transitive verb, and "ge hada" form becomes to make sense of the indirect event realization. 3) In case of Korean, double causative construction is established, so "sikige hada" form is established from the transitive construction [K-A-1] type, [K-A-2-1] type, and [K-A-2-2] type. 4) For Japanese, double causative is not satisfied from [J-A-1] type, "saseruyounisuru" form is derived from [J-A-2-2] type and [J-A-2-1] type.

漢語動詞の使役文 -「sikida,ge hada」形との對應關係を中心に-

권승임 韓國外國語大學校 外國學綜合硏究센터 日本硏究所 2014 日本硏究 Vol.0 No.60

Causative construction of Chinese character verb Korean has a "sikida" form as Chinese verb-only format in addition to the form "ge hada". Furthermore, it is also derived in the form of a causative construction of general verb to "ge hada" form. In this paper, while keeping in mind the overall picture of Chinese character verb in Korean, to target the causative form of the two, practice comparative analysis of semantic feature and the establishment of each format. Further, as a result of the analysis to a double causative construction, it is possible to present the following conclusions. 1) It is divided into [A-2] type and [A-1] type by causative form of Chinese character verb "sikida", "saseru" form to become a transitive construction or causative construction. [A-2] type is subclassified to [A-2-1]type which becomes transitive verb in the corresponding spontaneous causative construction and [A-2-2] Type representing a similar meaning of "Chinese character word + suru" form "Chinese character word + saseru" form. 2) In the case of Korean "sikida" form, in [K-A-1] type, "sikida" form represents the meaning of the causative and transitive verb, "ge hada" form represents the meaning of the typical causative. The [K-A-2-1] type, "sikida" form represents the meaning of the transitive verb, and "ge hada" form represents meaning of spontaneous causative construction. The [K-A-2-2] type, "sikida" form represents the meaning of the transitive verb, and "ge hada" form becomes to make sense of the indirect event realization. 3) In case of Korean, double causative construction is established, so "sikige hada" form is established from the transitive construction [K-A-1] type, [K-A-2-1] type, and [K-A-2-2] type. 4) For Japanese, double causative is not satisfied from [J-A-1] type, "saseruyounisuru" form is derived from [J-A-2-2] type and [J-A-2-1] type.