기본권의 기초로서의 자연법사상에 관한 연구 = A Study on the Thought of Natural Law as the Foundation of Fundamental Rights

다국어 초록 (Multilingual Abstract)

Fundamental rights are the foundation of a liberal democratic state and the highest value of a constitutional order. They, the actualized form of the principle of human rights, are considered as moral principles and legal standards that regulate the social life of all human beings and the behavior states.
In the modern era, such a conception of basic rights has been generalized and globally accepted. The endeavor to protect human dignity has been the theme of all philosophical thinking. A number of thinkers defined human dignity and presented precise means to realize it. Accordingly, basic rights defined by constitutional laws are the consequences of the history that has attained human dignity.
The genuine philosophy of fundamental human rights is based on the thought of natural law, and also is the legitimate rights basis of the positive laws. Natural law defined in general is the law of reason, and it becomes the yardstick that evaluates the existing laws as "universal law that supersedes time and place that are based on the nature and that of human beings." Accordingly the thought of natural law has significantly influenced the modern political and legal systems, and it particularly determined the concrete nature of basic human rights and their progress.
The basic need of natural laws is regarded as the realization of human dignity. It has become central theme of fundamental rights throughout the modern times. And the realization of justice, as the standards of natural laws, has become the principle that fulfills the notion of natural law at the level of a society.
The ideas of protecting human dignity and realizing justice suggests concrete values such as freedom and equality. With the establishment of a modern civil society, freedom, equality have become the driving force of social reforms including the French Revolution. In addition, they extend from this ideal and speculative character to include the guarantees of private ownership and rights to life. Basic rights connote that the rights to pursue happiness are recognized as positive law as well as the ideal of mankind.
The principle of guaranteeing fundamental rights on the basis of natural law(s) is the value and obligation that every human being and every state should acknowledge, and it has significant meaning the fundamental philosophy of the state and the society.

목차 (Table of Contents)

• Ⅰ. 머 리 말
• Ⅱ. 기본권의 의미와 성격
• 1. 기본권의 의미
• 2. 기본권의 성격
• 3. 기본권과 자연법
• Ⅲ. 자연권과 자연법
• 1. 자연권의 의미
• 2. 자연법상의 전개
• 3. 자연법의 의미
• Ⅳ. 자연법적 기본권의 내용
• 1. 인간존엄성의 보장
• 2. 자기보존의 권리
• 3. 정의의 실현
• 4. 자유와 평등
• 5. 사적 소유의 권리
• Ⅴ. 기본권 보장의 원리
• 1. 국민주권
• 2. 권력분립
• 3. 저항권
• Ⅵ. 맺 음 말