• Korea and Global Affairs
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• v.2 no.2
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• pp.5-40
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• 2018

The history of decentralization and autonomy is the result of the struggle for democracy against the authoritarian central government. Before the imminent law amendment, there are many tasks for decentralization and citizen autonomy. Therefore, decentralization and autonomy are not given on their own but they must be taken from authoritarian and centralist power group which possesses exclusive interests. The decentralization and autonomy now enters into the stage of development. In 1960, the April 19 Revolution opened the era of democratic local autonomy and it was abolished by the military coup of May 16, Now, the era of the reform of the decentralization are coming. Decentralization and autonomy will evolve from the stage of quantitative expansion to the stage of qualitative leap. This paper proposes that the revision of decentralization be the strategic maximum, and that the independence of the local government personnel rights be the tactical minimum. This paper insists that the independence of personnel right in the local government can be a link with law amendment for decentralization. Local autonomy and decentralization are the main subjects of the amendment. Above all, clarifying this is the subject and method of this study, and the scope of the study.

• KLA journal
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• v.21 no.3
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• pp.13-17
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• 1980

• Korean Journal of Legislative Studies
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• v.22 no.2
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• pp.199-206
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• 2016

• International Area Studies Review
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• v.12 no.2
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• pp.327-349
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• 2008

This essay ascertains the relationship between counter-honeymoon elections and presidential party's electoral advantages. In order to achieve this goal, this study briefly reviews the literature relevant to this subject. And this study empirically tests the impacts of the couter-honeymoon elections on the electoral results by analyzing the official election outcomes in Russia and Colombia. This essay concludes the implications of the study.

• Korean Journal of Legislative Studies
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• v.23 no.1
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• pp.37-79
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• 2017

The major purpose of this paper is to analyze the evolution of the presidential system in South Korea during the past three decades ever since the country's democratization in 1987 from the comparative institutional perspective. As imperial presidentialism during the so-called three Kim's era(1987-2003) disappeared right after the political retirement of the three Kims in 2003, then president-centered presidentialism emerged during the post-three Kim's era, since the country's recent three presidents possessed their relatively low-level of partisan power in terms of their control of National Assemblies and their respective presidents' parties during their presidencies. South Korea has now a strong possibility to transform the current president-centered presidentialism into the American-style separatist presidential system in the near future, since the country's National Assembly has continuously been making its efforts to function as an effective governing body being compatible with the American Congress. In addition, the country's judiciary branch has effectively been playing a political role like the US supreme court ever since the country's democratization in 1987. It is also emphasized that South Korea's civic society is currently playing as a guardian of democracy through its effective and responsive political participations in many public sectors for promoting civic liberties, public welfare, and other democratic values. South Korea now needs to carry out constitutional revisions, political reforms of legislative system, party system, and electoral system as well as correct some contradictory political understandings and habits in a way to transform the current president-centered presidentialism into American-style separatist presidential system in the near future.

• Strategy21
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• s.44
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• pp.54-78
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• 2018

The core of the current constitutional amendment pursued by the Abe administration depends on the status of the Japanese Self-Defense Forces, which include the right to engage in war, in the legal and regular military positions. This is an important turning point for the Abe administration, which aims to become a normal country for Japan, and it is a series of steps that followed in the revision of the U.S. and Japan guidelines in 2015 and the overhaul of the security law in 2016. In this paper, we propose building "A navy Attractive to Alliances" as a way to secure Korea's maritime security under the current security environment. The term "attraction" refers to the alliance "first priority" especially in the United States. The way to do this is to transform the paradigm of the ROK-U.S. alliance into a naval hub in the vast seas, which will allow us to strengthen our national defense and even deter threats from neighboring countries. To this end, our navy needs to have a more active approach to U.S. East Asian strategy. If we can convince the United States to be a nation that contributes more to its East Asian strategy, it will only lead to a strengthening of the status of its alliance and expansion of its unilateral support and military capability against Japan, thus minimizing Japan's influence.

• Korean Journal of Construction Engineering and Management
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• v.20 no.5
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• pp.61-71
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• 2019

In this study, the constitutional basis of public concept of land and concept of development gains are confirmed, and justification of the development charges system through the precedent of the Constitutional Court is investigated, and suggestions for improvement of fairness and reliability of development charges calculation are proposed. First, it is necessary to develop a system for estimating the development charges for securing transparency of the development charges system, preventing speculative development projects, and streamlining administrative efficiency. Second, it is necessary to prevent bad calculation by institutionalizing the responsibilities of experts to construct specification of the development cost calculation sheet submitted by taxpayers. Third, in order to precisely calculate the development cost, basic data should be specified in conditions for approval from the time of granting permission, or it should be minutely described in development charge treatment regulations.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.