일반연구논문 ; 보장국가에서의 위험에 대한 대응 -전자정부를 통한 보장국가의 관점에서 본 위험- = A Study on the Control of Risks in the Guarantee State -Risks in view of the Guarantee State through E-Gov.-

다국어 초록 (Multilingual Abstract)

So many Modern-Type Risks are occurring which is different from the traditional risks. And the most obvious problem is that we are experiencing the Market failure and Government failure in controlling these Modern-type Risks on and on. Why we are experiencing this continued failure? If you connect the several recent keywords of the modern administrative law which are for example, the appearance of the Modern-Type Risks and the necessity of the control on the risk ```` and requested state guarantees, the development of E-government etc, then you can know that now is the time to renew and remake the study on the conventional administrative law theory and legal system. After these Modern-Type Risks are appeared, we cannot control risks effectively only with the conventional and traditional Administrative Theory. Now we must choose the right way to control the Modern-Type Risks, and our choice will make huge influence to the Positive law and the Administrative practice including the Practice in the Adjudication. The third way of Legal Theory is to take a new path so called State Guarantee which is try to permit ``Autonomy in the market`` at first, but in the case of market failure Gov. should intervene to control the risks. We should not satisfy only to establish laws and institutions in order to respond properly to these the modern-Type Risks. We can control the modern-Type Risks effectively through harmony by connecting the market and the government on the basis of concept guarantee state, while distributing their roles and responsibilities properly. And I insist that E-Government is the most appropriate and effective implementation as a necessary way to do this. If We use the ICT and share a network built from e-government, we can monitor the Contemporary the Modern-Type Risks effectively, control them occurs from early until the end of it , and guarantee the basic rights of the people. At last, I checked up the existing discussions and examined this review on the concept of risk using a comparative legal method. Especially I``ve tried to analyze the difference between Danger and Risk in the view of Guarantee State through E-Gov. And I``ve try to reclassify as an external Risk type and internal Risk type, while identifying the type and characteristics of the modern-Type Risks. If we choose the Road of Guarantee State and connect it with E-Gov., then Gov``s duty expands to area of Risk including Danger. So we can lead this Gov. to the Road of Good-Gov.