• Title, Summary, Keyword: Regulative Principle of law

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A Study on the Regulative Principle of Law in Respect to Police Function in Internationalized Age - Centering on Limitation to Police Authority Exercise - (국제화 시대의 경찰작용 통제법리에 관한 연구 -경찰권발동의 한계를 중심으로-)

  • Oh Tae-Kon;Kim Dong-Bok
    • The Journal of the Korea Contents Association
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    • v.5 no.3
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    • pp.63-71
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    • 2005
  • The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

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A Comparative Study on the Regulations for Landscape Managements of Historic Cities in Korea and Japan (한국과 일본의 역사도시 경관관리법규의 비교 -경주시와 나라시의 사례로-)

  • 정성태;조세환;오휘영
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.3
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    • pp.105-115
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    • 2000
  • The purpose of paper is to investigate the characteristics of regulations on landscape management of historic city of Kyongju in Korea, compared with those of Nara in japan to answer the research question that what is the regulative characteristics of landscape management of historic city in Korea. We have analyzed the three laws of the two country - Urban Planning Law, Cultural Assets Protection law, and Building Law. This research has been done in terms of regulative systems of the two country and articles, ordinances, and bylaws on landscape managements of historic city Major components of urban historic landscape management are goals and devices of preservation, preserving actor, authorized actor permitting major planning change, regulatory power on landscape development, and backgrounds of enacting regulations. From this research, we have fond the fact that 1) Kyongju City has general and implicit objectives of landscape management based on conservation of natural environment while Nara City has concrete objectives of lansdscape management, 2) Kyongju City has no regulations on landscape planning while Nara City has systematic planning measures such as designation of landscape management district, planning for preservation of historic landscape, and planning for establishing urban landscape, 3) In an application of landscape management district, Kyongju City designate the district based on the general principle of urban planning district while nara City designate it in a more detailed manner such as district of preservation of historic landscape, district of landscape establishment, and district of building agreement. 4) Kyongju has no legal actor in implementation and management of historic landscape plan while Nara City has administrative organization and procedures, including citizen participation, public hearing, and voluntary participation, and 5) Kyongju City does not operate the consultation committee on landscape management just like Nara City operating. This research results will provide us the remedial insights for landscape preservation of such Korean historic city as Kongju, Puyo, and Chunju. Since our research is focused on the limited area of preserving landscape in historic cities in korea and Japan we need to study sociocultural issues on preserving urban historic landscape more in depth in the future.

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