한국사회의 법치주의와 인권보장 - 역사, 현안, 과제

• 영문명: Rule of Law and Human Rights in the Post-1987 Era: Achievements, Issues and Tasks
• 발행기관: 한국헌법학회
• 저자명: 곽노현(Kwak Nohyun)
• 간행물 정보: 『헌법학연구』憲法學硏究 第13卷 第3號(第1冊), 213~245쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

  The year of 2007 marks the 20th anniversary of the 1987 constitutional regime. Using this opportunity as a momentum for reflection and prospect, this article analyzes and explains the past achievements, present issues, and future tasks of the rule of law and human rights in the post-1987 Korea.
  This article proceeds as follows. By way of introduction, the first chapter summarizes major achievements of each and every government in power since 1987. Chapter 2 defines rule of law as legal control of the powerful and legal protection of the vulnerable and identifies the necessary ideological and institutional components of each noble project.
  Chapter 3 briefly reviews the post-1987 thematic history of rule of law and human rights with a conclusion that the past twenty years has been a gainful time for ordinary and vulnerable people but a rather painful time for the privileged and powerful. Chapter 4 pinpoints as major pending issues and analyzes zero-tax succession of family control over Chaebol groups of companies, privatization of not-for-profit corporations and foundations, and the deplorable human rights conditions of people with mental disability.
  Finally, chapter 5 suggests future directions which the current system of rule of law and human rights should mind and take. The first is to up grade the universal character of domestic law by adopting international norms and standards and to accept the recommendations of such soft power agencies as international treaty bodies and National Human Rights Commission. The second is to extend rule of law principles and techniques to private powers in the social and economic spheres, and the third is to elaborate and effectuate the human rights protection system by providing detailed catalogue of human rights, constant oversight of rights violations, and summary remedies procedures thereof. This article ends by warning against the corruption of rule of law in the era of globalization and bi-polarization.

목차

Ⅰ. 들어가는 말
Ⅱ. 분석틀
Ⅲ. 6월항쟁 이후 20년의 법치주의와 인권보장
Ⅳ. 법치주의와 인권보장의 최대 현안: 재벌그룹의 무세(無稅)승계, 공익법인의 사유화현상, 정신장애인의 인권상황 개선
Ⅴ. 법치주의 및 인권보장의 과제
Ⅵ. 결론: 향후 전망
〈Abstract〉

키워드

법치주의 인권보장 87년헌법체제 국가인권위원회 정신장애인권 Rule of Law Human Rights 1987 Constitution Regime NHRC