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자료유형
학술저널
저자정보
저널정보
행정법이론실무학회 행정법연구 行政法硏究 第12號
발행연도
2004.10
수록면
311 - 342 (32page)

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In administrative law scholarship, the “Gefahrenabwehr” theory has been dominant for a long time. The main idea of this theory is following.
For the purpose of preventing “danger and risk” of society, statutes and acts must give administrative agencies regulatory powers, and fix their limits. Relief must be given to citizens, to protect liberty and property of citizens from abuse of power. Two concepts, administrative act and legal interest, are very important in this theory.
But, it is not useful to solve whether and how government must help poor people. The “Daseinsvorsorge” theory was made to overcome the limits of the “Gefahrenabwehr” theory by german famous scholar, Ernst Forsthoff. The “Daseinsvorsorge” theory emphasizes government′s responsibility to relieve people from poverty. Civil participation and community are the main concepts in this theory.
This article attempts to find new alternatives for housing policies by effective community organizing, and the “Daseinsvorsorge” theory is very useful for it.
Now, central government and local government are heavily burdened with two problems about the task to improve underdeveloped residential districts. At first, underdevelopment of residential districts becomes worse and worse in local small cities and traditional central districts of great cities. At second, local governments have permitted construction of back-to-back houses more easily, but an alarming increase of permit quantities has brought about a sharp rise of bank loan of poor people, and a rapid rise in mortgage defaults.
This article introduces neighbourhood renewal policies and acts of european nations, U.K., Germany, and France. It is the most important goal, to offer jobs and houses to people, in european neighbourhood renewal policies and acts.
In order to overcome the dilemma, problems of old cities (old houses, shortage of jobs and narrow streets, etc.) and excessive supply of new back-to-back houses in Korea, neighbourhood renewal policy must be not a event, but a com unity-based process.
Government and local government can use not ?Command and Control′ method, but ?Mandatory Self-Regulation′ method. With ?Mandatory Self-Regulation′ method, regulatory power is given to a district community to a certain degree by statutes or local ordinances. Government and local government can help community organizing effectively, so that citizens participate in city planning process positively. With active and powerful community, local government can design and implement sustainable housing policies. Cooperative governance between central government, local government and citizens will prevent excessive supply of new houses, and help to find a effective way to solve the problems of old cities.
The traditional “Gefahrenabwehr” theory has still much usefulness, but also clear limits. By modernizing the “Daseinsvorsorge” theory, we can find new useful alternatives, which can not be found by the “Gefahrenabwehr” theory.

목차

Ⅰ. 생존배려이론의 재조명과 마을공동체의 활성화
Ⅱ. 유럽의 낙후지구발전정책과 제도
Ⅲ. 마을공동체의 활성화를 통한 협력적 규제체계의 건설
Ⅳ. 정부의 보장책임과 생존배려이론의 현대화
[Abstract]

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