사회법의 선구자 박덕배(朴德培) 연구

Abstract

Prof. Park, Dukbae is as one of the first generation of Social Law Korean researchers, directly contributed to the formation of the Social Law in Korea. Nevertheless, there are not many people who remember Prof. Park. Because he was not a professor of law college, but education college. Judging by left Prof. Park’s writing, his legal thought can be summarized into a few issues as the followings. First is ‘concretely socialized human’ as anthropological history of thought of Social Law. He took over Radbruch’s legal thought and comparing essentially human(so-called Person) and concretely socialized human(so-called Mensch), explained the formation process of Social Law. Second is ‘distributive justice’ as the theoretical basis of Social Law. Third and fourth, thought Yulgok’s spirit of law and the traditional ‘thought of party law(for example Hyang-yak, Sachang(社倉) System)’ certainly have to explain the formation of Social Law thought in Korea. Fifth the ‘nonpolitical nature of labor relations “were claiming. Here, was seen the his perspective of labor law to the real work. He criticized the politics of the labor movement by unions, and feared political tendency of Labor Committee System. He claimed the law modernization of Korea traditional thought of party law and further development. He was the Patriots before being social law researcher.