정당방위의 자경주의 요인에 대한 법철학적 연구: 홉스의 사회계약설에 기초하여

• 영문명: A Legal Philosophical Study on the Vigilantist Factors of Self-Defense: Based on Hobbes's Social Con
• 발행기관: 조선대학교 민주평화연구원
• 저자명: 정병곤(Byeonggon Jeong)
• 간행물 정보: 『민주평화연구』제7권 제1호, 1~20쪽, 전체 20쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2024.06.30

국문 초록

In modern society in the 21st century, the need to expand self-defense is greater than before as individualization is accelerating and interpersonal relationships become more non-face-to-face. Nevertheless, the Korean Government belongs to a category that does not recognize self-defense in terms of the worldwide range and insists on the principle of monopoly of governmental power. This paper examines the vigilante factors of self-defense and analyzes the relationship with the principle of monopoly of public power based on Thomas Hobbes' social contract theory in a legal philosophy. To this end, the research trend on the relationship between self-defense and public power is reviewed by the precedent that recognized self-defense and previous studies on the relevance of the act. Next, as a discussion to reasonably expand the scope of the relevance of self-defense, the factors of vigilance implied in the act are explored and compared with the monopoly of public power regarding the considerableness of self-defense. Next, this paper critically discusses the factors of vigilance based on Hobbes' social contract theory, which is said to be the source of public power monopoly. As a result, it is argued that the environment and personal character of the actor should be added to the private delegation of public power based on the type and degree of infringement legal interests, the method and degree of progress in infringement, and the type and degree of legal interests to be infringed by defense activities. And, although Hobbes argues that the state should monopolize public power in order to perpetuate the preservation of life of the people, it is interpreted as a pursuit of the freedom democracy of the sovereign people. Individuals and groups' vigilant actions can be regarded as civil and police cooperation to supplement or make up for the state's function, and the significance of self-defense can also be judged on this basis. Finally, this study anticipates the formation of legal philosophical discourse on the significance of self-defense and the expansion of the recognition rate, and at the same time, the criteria and methods for setting up self-defense when the structure of state agencies such as the police is possible are left as follow-up studies.

목차

Ⅰ. 서론

Ⅱ. 정당방위와 공권력의 관계에 대한 연구경향

Ⅲ. 정당방위의 자경주의 요인과 공권력 독점주의

Ⅳ. 홉스의 사회계약설 관점에서 본 정당방위의 상당성

Ⅴ. 결론

키워드

정당방위 자경주의 정당방위의 상당성 토마스 홉스의 사회계약설 공권력 독점 self-defense vigilance considerableness of self-defense Thomas Hobbes' social contract theory monopoly of governmental power