공익과 사익의 이익형량과 선택 - 폐기물관리법 규정과 발치한 치아를 소재로 -

Abstract

This thesis's important material is a extracted tooth and provisions of the Wastes Disposal Law. In this thesis, author review the meaning of the law provisions, the nature of a thing and the nature of property, and review balancing the interests between public interests and private interests, and it's selection, afterward author suggests a resonable solution about related problems. In a specific situation when arise collisions between public interests and private interests, it needs a effective standard for resolve problems and use that standard, balance two interests, and must select more resonable interests, at last, we may choose the principle of proportionality in public law for the purpose of balancing interests. In addition to above point, as suggested case in this thesis, even though a extracted tooth seems like a mere thing, but if we consider that it is very close to citizen's day life, this thesis itself has some value in review. In specific case that this thesis suggested in introduction, we are trouble that we must select which one between public interests for national disposal wastes and private interests for the private rights. In thesis author persist that, about disposal method for the extracted tooth in dental clinic, prior to disposal the tooth for waste, dental clinic must ask to patient that he want his own tooth or not, in that case, if the patient want his extracted tooth, dental clinic perform proper disinfect and issue it for patient, so in this thesis author persist that it need a legislative measures for protect private rights. Through these selective disposal for extracted tooth, we can more magnitude citizen's fundamental rights, and can avoid waste of resource or control environmental pollution, moreover through the remodel institution, we can more build up private ownership and mental contentment for a seceded thing from one's body.