지방공기업에 대한 감독 및 통제에 관한 법적 고찰 (The legal supervision of local public enterprises)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 29권 / 1호 / 199 ~ 222페이지
· 저자명 : 김형섭

초록

A public place in democratic society can be considered to be space for sharing public interests and making diverse & rational decisions. The government is obligated to guarantee the freedom and the right of anonymity available for mediating among citizens in public area. Two problems are being continuously raised about the secret of privacy and the damage on anonymity due to the development in mobile information technology and to the reinforcement in surveillance system of modern times. The compulsory disclosure caused by a surveillance system infringes on freedom of choice as saying which one a human being will secrete and reveal. The nation's surveillance system, which is indiscriminate and unrestricted, violates citizens' spontaneity. To secure citizens' spontaneity, there should be a change from the existing authoritative intelligence state to the bottom-up monitoring by citizens, namely, to the democratic intelligence state. The citizen oversight in the democratic intelligence state improves transparency in the democratic politics. Also, it leads to solving a withdrawal effect caused by surveillance and to being intensified a guarantee in the freedom of speech, the freedom of movement, and the privacy right.
The development in SNS leads to what an individual, who had formed a private relationship through directly facing in public place, exists as a sender and a receiver on network without direct encounter or talk. Compared to this social innovation, the surveillance system in our society is rather returning to the authoritative intelligence state in the past. This phenomenon has a concern about which the citizens will make a retreat from private area. Because of this, the country needs to restrict the infringement of all the privacies in citizens caused by the surveillance system. Privacy is an essential right for an individual's autonomy, for the identity formation, and for the social diversity. The nation should be continuously changed into the democratic intelligence state from the authoritative intelligence state. Also, various legislative examinations are needed for protecting private secret and anonymity, which are being newly brought up owing to the development in mobile information technology.

영어초록

A public place in democratic society can be considered to be space for sharing public interests and making diverse & rational decisions. The government is obligated to guarantee the freedom and the right of anonymity available for mediating among citizens in public area. Two problems are being continuously raised about the secret of privacy and the damage on anonymity due to the development in mobile information technology and to the reinforcement in surveillance system of modern times. The compulsory disclosure caused by a surveillance system infringes on freedom of choice as saying which one a human being will secrete and reveal. The nation's surveillance system, which is indiscriminate and unrestricted, violates citizens' spontaneity. To secure citizens' spontaneity, there should be a change from the existing authoritative intelligence state to the bottom-up monitoring by citizens, namely, to the democratic intelligence state. The citizen oversight in the democratic intelligence state improves transparency in the democratic politics. Also, it leads to solving a withdrawal effect caused by surveillance and to being intensified a guarantee in the freedom of speech, the freedom of movement, and the privacy right.
The development in SNS leads to what an individual, who had formed a private relationship through directly facing in public place, exists as a sender and a receiver on network without direct encounter or talk. Compared to this social innovation, the surveillance system in our society is rather returning to the authoritative intelligence state in the past. This phenomenon has a concern about which the citizens will make a retreat from private area. Because of this, the country needs to restrict the infringement of all the privacies in citizens caused by the surveillance system. Privacy is an essential right for an individual's autonomy, for the identity formation, and for the social diversity. The nation should be continuously changed into the democratic intelligence state from the authoritative intelligence state. Also, various legislative examinations are needed for protecting private secret and anonymity, which are being newly brought up owing to the development in mobile information technology.

참고자료

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