규범통제 관점에서 방송통신심의위원회 직무규정 분석

• 영문명: Content and Application of the Legal Review on Norm -Focusing on Provisions of Tasks for Korea Communications Standard Commission-
• 발행기관: 원광대학교 법학연구소
• 저자명: 정연부(Joung Youn Boo)
• 간행물 정보: 『원광법학』제31권 제1호, 7~36쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.03.30

영문 초록

There has been a growing interest in science of legislation. It is very important to supply high quality legislation so as to reduce social costs as well as to pursue lawful legislation. The importance of legislation was made evident by the recent tragedy in South Korea. One opinion on the reason for the cause of the so-called 'sunken ferry Sewol accident', which occurred on April 16th, 2014, insists the accident may have started from the revision of enforcement rule of the Marine Transportation Act in 2009. The provision on the legal limit for the age of a passenger ship was extended from twenty years to thirty years in the amendment. All legislators are supposed to consider a wide variety of factors to make a high quality legislation. The factors that legislators look into could be composed of a legal element and a nonlegal element. A nonlegal element contributes to making a legislation more useful. Meanwhile, a legal element is an indispensable requisite of a legislation which could be deduced from the Legal Review on Norm. This study analyzes the content of the Legal Review on Norm and then applies the content to a concrete case. In this way, this paper attempts to show an essential factor for legislation. the Legal Review on Norm has been mainly discussed on the elements of content and form. In addition, this research adds a discussion on the title of legislation as well. Therefore, the Legal Review on Norm is researched from the perspective of title, form and content of legislation. If the Legal Review on Norm is analyzed only from legal theories, it would be difficult to concretely portray how the indispensable legal requisite of it applies to a legislation. To obtain a specific result, this paper supplements with Provisions of Tasks for Korea Communications Standard Commission as another topic of this paper. Therefore, this study applies the factors of title, form and content to the provisions. Futhermore, it identifies problems and improvement proposals for the provisions. As mentioned above, this paper points out the concrete contents of the Legal Review on Norm. The immediate goal of this research is to seek the problems and improvement methods for Provisions of Tasks for Korea Communications Standard Commission. By extension, the secondary aim of this study is to specifically show indispensable legal requisites which is required in legislation.

목차

Ⅰ. 서론

Ⅱ. 직무규정의 법제명에 대한 검토

Ⅲ. 직무규정에 대한 내용적 검토

Ⅳ. 직무규정에 대한 형식적 검토

Ⅴ. 직무규정의 개정방안

Ⅵ. 결론

참고문헌

키워드

규범통제 표제 명확성의 원칙 단일 주제의 원칙 명확성의 원칙 법률적합성의 원칙 포괄위임금지의 원칙 방송통신심의위원회 직무에 관한 규정 Legal Review on Norm Clear Title Rule Single Subject Rule Void for Vagueness Rule Legitimacy Rule The Principle of Legality Prohibition of Blanket Delegation Provisions of Tasks for Korea Communications Standard Commission