Theory of Mixed Government, Considering Economic Interests in Checks and Balances

보해니안 조선대학교 법학연구원 2019 法學論叢 Vol.26 No.2

South Korean President, Moon Jae-in is honorably following up on his campaign promises, reiterating his strong commitment to “first meet the needs of the people.” In January, 2018, President Moon called for a national referendum on constitutional revision, in the meantime urging lawmakers in the Korean National Assembly to accelerate deliberation on potential constitutional amendments to enhance human rights and move to decentralize government in Korea. Among the more important issues in the resulting constitutional debate is the nature and scope of effective checks and balances on the powers of the nation’s Chief Executive. It is common knowledge that Korea has enjoyed a profound and healthy overall trend of social and economic development since 1987. In order to maintain the impetus of this positive growth, this paper suggests that in lieu of making dramatic and possibly ineffective constitution amendments relying solely on the doctrine of separation of powers, which is class neutral and blind to economic interests, scholars and reformers also consider the implications of the classical theory of mixed government. Although the practical impact of mixed government ostensibly died along with the demise of monarchy, giving birth to the Federalists’ formulation of the separation of powers, the theory of mixed government still endures in thoughtful minds because it takes into consideration how alignment in class and economic interests impacts the distribution and consolidation of political power. This piece outlines the history of democratic development in Korea; reviews the separation of powers principle and the liberal view of self-government; briefly surveys typical theoretical responses to liberalism; resurrects the theory of mixed government; argues for the class consciousness that is embedded in the anacyclosis of Polybius; and concludes with a recommendation that Korean scholars reconsider the utility of the classical theory of mixed government to formulate a republican polity that maintains the healthy balance of social and economic development that has characterized the Korean democratic movement since its inception. In substance, the term democracy is modern shorthand for mixed government, which may best function today in a healthy republic through the independence of the chief executive (representing the interests of all citizens alike with no particular regional or class preferences) and the equal vigilance of a citizenry that is intimately involved in government at the local and national levels. Much additional reflection and deliberation is required, and this paper is only an initial inquiry.

복합화된 지방자치단체 청사의 범죄예방 설계 필요성 조사연구

김서우 한국셉테드학회 2022 한국셉테드학회지 Vol.13 No.3

This study investigates the perceptions of public officials and civil service users of mixed-use local government office buildings were investigated through a questionnaire survey, focusing on the following questions: are mixed-use government office buildings safe for public officials and service users? and are current government office building a satisfactory facility designed to adequately respond to various threats and damages resulting from an increase in malicious civil petitioners and protesters? This study confirms that social awareness related to rallies and demonstrations classified the types by satisfaction with crime prevention design compared to actual damage caused by civil petitioners and protesters. Ultimately, the purpose of this study is to evaluate and confirm the need to prepare for safety or security issues that may be triggered by the various functions of mixed-use government office buildings. The implications of this study are as follows: Additional facilities of government office building should be provided depending on the environment and the needs of the local community. However, it may be that the mixed-use building can act as a useful means to revitalize the local community and economy if functions and spaces that are suitable for each unique environment are properly provided.

복합용도개발에 의한 도심지 활성화를 위한 도시 거버넌스 체계에 관한 연구

강재중(Kang, Jae-joung) 한국주거환경학회 2012 주거환경(한국주거환경학회논문집) Vol.10 No.3

Mixed-Use Development has recently been used as a key element in a bid for Urban Revitalization. However, the reality of domestic condition could not successfully carried out the benefit of Mixed-Use Development not only because of developer's profit-oriented perception in real estate developments, but also because of government's restriction- oriented policy and system. The purpose of this research is to suggest a good direction for Urban Governance System which the government should play a central role to make the partnership between the participants: Private Entity & Developer; Civic & Community; Government for Urban Revitalization. The method of this research was as follows: first, the reason of failure in Mixed-Use Development is classified as the problems of the participant in Urban Governance system through the reference study; second, Boston Urban Governance system which Boston Redevelopment Authority works as a pivot was studied as an outstanding precedent of urban revitalization with social, economical and environmental improvement; third, the comparative analysis between Boston Urban Governance system and Domestic one was followed. The research preferentially suggests government's policy improvement to induce voluntary participation from civic & community and private entity & developers for Urban Revitalization.

ICT 거버넌스 구조개편과 새 정부 방송 정책

정윤식 한국방송공사 2013 방송 문화 연구 Vol.25 No.1

Born with the departure of the new government, ‘ICT governance’ structure is split up as Ministry of science, ICT& future planning and Korea Communications Comission. Telecommunication sector and the new media broadcasting sector are expected to have an industrial ‘synergy effect’ with the science technology sector. Since the broadcasting sector is split as terrestrial broadcasting and new media broadcasting, it is expected to have a conflictive confusion. This research is also proposing the ‘mixed/hybrid oriented perspective’ as an alternative to harmonically integrate ‘industry/competiton perspective’ and ‘public interest/diversity oriented perspective’. The ‘mixed/hybrid oriented perspective’ is a perspective during the broadcasting policy making process, that simultaneously considers the coexistence of ‘industry/competiton perspective’ and ‘public interest/diversity oriented perspective’ in the same agenda. It also means that conservative government/party selects ‘public interest/diversity oriented perspective’ and progressive government/party selects ‘industry/competiton perspective’. In order to deduce social agreement on deciding the broadcasting policy, ‘Committee model’, ‘Professional & academic reporting model’, ‘Pilot business model’, ‘Hand-off policy model’ and ‘Pioneer’s priority principle model’ are presented.

태국과 한국 헌법상의 총리제도

변해철 ( Byun Hae Cheol ),( Nachcha Khunataff ) 한국외국어대학교 법학연구소 2010 외법논집 Vol.34 No.1

양국에서의 총리의 지위와 권한에 대한 비교연구로서 과거 운영상의 문제점을 분석하고 그 개선방안에 대해 검토한다. 한국은 민주공화국으로서 그리고 태국은 입헌군주국으로서의 민주정체를 수립하고 권력분립을 이루고자 1948년과 1932년에 각각 총리제를 도입하였다. 그러나 각국은 민주주의가 성숙되어가는 과정에서 장기집권이나 쿠데타 등에 따른 권력집중이라는 부작용이 발생하였고, 이에 따른 헌법개정이 반복되었다. 한국 헌법에서는 정부형태의 변화(대통령제 내지 신대 The separation of powers has been regarded as principle of organization of the State’s powers. The Prime Minister system was introduced in Korean Constitutions for the purpose of controlling the power of the President in 1948. In Thai Constitutions, it was introduced when there was a change in the county's government system from the absolute monarchy system to the democratic system in 1932. The Prime Minister system was one of main topics in Korean and Thai constitutional revisions. In Korea, the status and powers of the Prime Minister were changed according to the forms of government. Under a pure or neopresidential system (1954 - 1960, 1962 - 1987) the Prime Minister played a administrative role as a simple assistant organ of the President. Under a parliamesidry system of government (1960 - 1961) the former played not onorma administrative role but also a political role as Head of the Administration. Under a mixted system of government (1948 - 1954, 1987 - ) his role was up to the President’s political philosophy or the parliamentary majority. In Thai, although a parliamentary system of government was always maintained in Constitutional revisions, the Prime Minister system worked differently and could be classified in three types: anti-democracy, semi-democracy and democracy, which had been circulated one by one. No matter how the governments were established by election or by military Coup d’Etat, the Prime Minister had a strong power. In Korea, a new constitutional revision is asked about the relationship between the President and the Prime Minister, we have actually no consensus about that. For the time being, the Thai Constitution of 2007 could contribute to keeping the balance between the political powers in reality.

팔레아스의 이상국가론

임성철 ( Rhim Sung-chul ) 부산외국어대학교 지중해연구소 2017 지중해지역연구 Vol.19 No.2

Phaleas` propose is not just to describe the theoretical aspects of his theory, but to suggest a political aim and its strategies which were connected with the equalization of property in land and the regulation of the exact standard on which equality was to be achieved. Comprehensively speaking, it has been commonly accepted that Phaleas` political propose has been viewed in comparison with Greek political thoughts. For instance, Herodotus and Euripides tried to evaluate various forms of government and their significances. Their views about the forms of government have said to be based on the analyses of existing constitutions. Phaleas` view, however, has been regarded to be of special importance in the sense that his approach started from the best form of government. He believed that the best and highest form of government were to be structured on the purpose of political practices. In other words, what is characteristic of Phaleas` propose was his effort to find a better constitution when it is contrasted with existing ones. The word “better” here means free imagination and careful premeditation for existing constitutions. There has been something in common in the thoughts of Herodotus, Euripides, Thucydides, Hippodamus and Phaleas: The Greeks in the Fifth century B.C. believed that the political orders were not based on natural necessity. They were founded on the decisions of free citizens. And they were convinced that the mixed government can be the best form of constitution. Considered in this light, it would be fair to say that Phaleas` propose can be construed to be one of arguing for the mixed governments. And his thought, in this sense, entailed both conservative and progressive implications in his political view.

현행 지방자치제도의 문제점과 개선방안

정연주(Yonju Jung) 한국헌법학회 2020 憲法學硏究 Vol.26 No.3

지방자치행정의 효율성 증대와 지방분권화 및 지방간의 균형발전을 위하여 지방자치의 활성화는 매우 중요하다. 그런데 이러한 지방자치의 활성화는 헌법상 통치기구의 조직원리로서의 지방자치제도가 다원적 민주주의와 권력분립원칙의 실현이라는 헌법적 기능과 목적적 정당성, 민주적 정당성, 절차적 정당성의 확보라는 통치기구의 기본과제를 완수할 때 비로소 가능한 것이다. 따라서 한 국가의 지방자치가 이러한 헌법적 기능과 과제를 제대로 실현하기 위해서는 그것을 가능케 하는 법적･제도적 장치가 마련되어 있어야 한다. 그런데 우리의 지방자치 관련 법제는 지방자치의 기능을 극대화시키기에는 미흡한 부분을 적지 않게 지니고 있다. 따라서 이러한 부분은 법률개정 등을 통해 개선될 것이 요구된다. 구체적으로는 부단체장의 신분과 임명방식의 개선, 지방자치단체에 대한 중앙정부의 통제권의 완화, 비례대표의원 정수의 확대, 지역구의석과 비례대표의석의 결합방식의 연동형으로의 개혁, 기초지방의회의원선거구의 소선거구제로의 전환, 지방의회의원선거구간의 인구편차 허용기준의 헌법상 평등선거의 원칙에 따른 합리적인 법정화, 지방의회의원 후보자추천절차의 민주화 및 법정화, 국민참여경선제의 폐지, 비례대표선거에서의 봉쇄조항의 완화, 지역정당의 허용, 지방자치와 관련한 각종 권리행사연령의 인하, 비례대표지방의회의원의 주민소환대상화, 자치입법권에 대한 사법적 통제의 일원화, 비례대표지방의회의원의 임의적인 당적이탈･변경 시 의원직상실제의 폐지 등이 그것이다. 이러한 법적 개선이 이루어질 때 목적적 정당성, 민주적 정당성, 절차적 정당성의 확보를 목표로 하는 헌법상 통치기구의 조직원리로서의 지방자치제도의 기능이 극대화될 수 있을 것이다. As is generally known, effective activation of local autonomy system plays a key role for efficiency gain of administration of local government, regionalization, and balanced development of the regions. It can be realized only under the condition of the constitutional function that accomplishes plural democracy and separation of powers. In order to fulfill the constitutional function of local autonomy system, naturally, the legal institution which makes such a function possible must be provided. The current statutes regarding our local autonomy system have many problems in light of the constitution as follows; the appointment system of vice head of local government, the excessive right of control of the central government over local governments, too small number of proportional representatives, the adoption of mixed-member proportional system from mixed-member majoritarian system, the transfer into the single-member constituency system from the medium constituency system in basic local assembly, the rational legalization the criterion of variation of population according to the equal election principle, legalization of democratic procedures recommendation of candidates by political parties, abolition of the open primary institution, mitigation of election threshold in proportional representative local council member election, permission of regional political party, recall of proportional representative local council member, unification of judicial review system on legislation of local government, problem of loss of his/her office in case of voluntary changing of party membership of proportional representative local council member, etc. Those problems must be improved by the enactment or revision of relevant statutes of local autonomy system.

Governing a Welfare Mix: Operation of Long-Term Care Policies in England and South Korea

이주하,채준호,임상헌 한국학술연구원 2016 Korea Observer Vol.47 No.1

The changing balance in governing a welfare mix is crucial to a comparative cross-national study on social care services. This paper explores how legacies of governance in different countries differen-tiate the operational side of policy (“the operational policy domain”), especially regarding the coordination of various sectors in the welfare mix. Given that operational policy reforms have received relatively little attention in the literature, it examines the actual operation of long-term care policies in England and South Korea at three levels: the central, local, and between the central and local levels. Although the integrated operation of long-term care institutions is a difficult task in both countries, England has developed a relatively more holistic coordination and joined-up governance, whereas the hierarchical and centralized governance in Korea has paradoxically resulted in a fragmented operation of long-term care.

우리나라의 정책조합과 재정 건전성

이인실,박승준 한국재정학회(구 한국재정·공공경제학회) 2013 재정학연구 Vol.6 No.1

본 연구에서는 1971 년에서 2011년까지 40년간 우리나라 재정정책, 통화정책 및 국가채무관리정책의 기조가 경기대응성과 재정의 지속가능성에 어떤 기여를 했는지 실증적으로 분석하였다. 분석결과 경기불황기에 비해 경기호황기에 경기대응성이 느슨한 정책기조를 보인 것으로 나타났다. 경기상황에 적절한 규모의 정책적 대응성을 보이지 못했을 때에는 재정 지속가능성이 훼손되었으며 재정정책이나 국가채무관리정책보다 통화정책이 재정 건전성에 미치는 직접적 영향이 적지만, 다른 정책들과의 공조가 제대로 이뤄지지 않을 경우 재정건전성이 더욱 악화되는 것으로 나타났다. 통화정책은 국가채무의 실질가치 변동에 영향을 줄 뿐만 아니라, 국가채무부담 완화를 위해 저금리 기조를 장기간 지속할 경우 기대인플레이션을 증가시켜 재정 건전성 악화를 가중시킬 수 있다. 재정 건전성 확보를 위해서는 재정건전화 계획 등을 토대로 경제주체들에 대한 신뢰를 구축하고 재정정책으로 인한 인플레이션 차단을 위해 노력할 필요가 있을 뿐만 아니라, 통화정책과의 정책공조를 위한 노력도 필요하다. This paper empirically examines whether each relevant authority suitably responds to economic fluctuations and contributes to achieve fiscal sustainability using analyses for the stance fiscal policy, monetary policy and government debt management policy. The analysis shows that the stances of fiscal and monetary policies have been loosened in economic boom cycle rather than economic bust cycle. When relevant authorities did not suitably respond to economic fluctuations, fiscal sustainability was harmed. In addition, monetary policy would have less of an effect on the fiscal soundness than other policies. In case it does not cooperate with other policies, the fiscal condition got worse. This study proves that monetary policy affects the real value of government debt and causes to increase expected inflation and intensify deterioration of fiscal soundness, if a monetary authority carries out a low interest monetary policy for long term to ease financial burden of government debt. In order to maintain fiscal soundness, policy authorities should not only build trust among economic actors on the basis of fiscal consolidation plans, and make an effort to control inflation but also endeavor to do a policy mix.

제주도의회 선거구획정 과정과 선거제도 개혁에 관한 연구: 2018년 지방선거 사례

조성대 국회입법조사처 2018 입법과 정책 Vol.10 No.3

This paper aims to seek institutional alternatives which overcome the degeneration of proportionality between votes and seats resulted in the 6・13 Provincial Council elections. On the basis of the fact that Jeju Special Self-Governing Province has an relative autonomy to create the electoral system within the Special Act on Jeju Special Self-Governing Installation, it presents two legal and electoral designs, such as regional-proportional and mixed-proportional representation systems, as possible and effective alternatives without any changes or with small changes of the existing legal framework to improve institutional weakness of the current mixed-majoritarian system. 이 글은 혼합형 다수제를 채택하고 있는 한국 광역의회 선거제도가 득표 대비 의석비 간의 비례성을 악화시킴을 지난 6・13 지방선거를 통해 재확인하고 이를 극복할 수 있는 제도적 대안을 제주도의회 사례를 통해 모색하고자 한다. 특히 제주도의회가 제주특별법의 법령 내에서 선거제도를 설계할 수 있는 자율성을 지니고 있다는 점에 주목한다. 대안의 모색을 위해 우선 2016년 12월부터 2018년 3월까지 진행된 제주도의회 선거구획정위원회의 정치과정을 고찰한다. 이후 제주특별법을 개정하지 않거나 약간의 개정을 거쳐 조례를 통해 개정할 수 있는 선거제도로 권역별 비례대표제와 연동형 비례대표제 제시하며 시뮬레이션을 통해 그 정치적 효과를 검토한다.