민주주의의 발전과 주관적 공권의 확대 경향 ― 일본의 ‘평온생활권’을 글감으로 하여 ―

Considering that the concept of subjective-public rights itself originated from individual freedom from state restraints, it would not be an overstatement to say that subjective-public rights began alongside democracy. However, it is not easy to prove what effect the development of democracy has had on the expansion of rights under public law. Therefore, the aim of this study was to shed new light on the significance of the existing subjective-public rights and review the methods and processes of expanding subjective-public rights that have been attempted or discussed so far, and thereby examine what role democracy has played and can play in expanding subjective-public rights. In addition, given that ‘rights’ and ‘benefits’ are relational concepts with flexibility and openness, this study introduced Japan's ‘right to live in peace’ to examine what kind of Rechtsgut (benefits and protections of laws) need to be recognized and what institutional support is needed to recognize them today in order to expand subjective-public rights. Japan's ‘right to live in peace,’ which is attracting attention in the process of resolving the problems caused by national disaster, is a case worthy of comparative law reference in examining what modern ‘subjective-public rights’ ought to be. This study attempted to compose the central thesis based on the idea that the workings of democracy must eventually serve as the foundation for expanding public rights. It is believed that the central thesis of this study will have considerable implications for our legislation in the future.