• Journal of Legislation Research
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• no.53
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• pp.337-374
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• 2017

Wer wegen eines Wahldelikts zu Geldstrafe von mehr als 1 Million Won verurteilt wird, verliert nach ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes $f{\ddot{u}}r$ die Dauer von $f{\ddot{u}}nf$ Jahren die $F{\ddot{a}}higkeit$, ${\ddot{o}}ffentliche$ ${\ddot{A}}mter$ zu bekleiden und Rechte aus ${\ddot{o}}ffentlichen$ Wahlen. Bei Verurteilung zu Freiheitsstrafe wegen eines Wahldelikts ${\ddot{A}}mter$ sich die Dauer des Verlusts der $Amtsf{\ddot{a}}higkeit$ und des aktiven bzw. passiven Walhrechts auf 10 Jahre. Dies erfolgt kraft Gesetzes. Das $hei{\ss}t$, dass die Entscheidung ${\ddot{u}}ber$ das Ob und die Dauer des Verlusts nicht im Ermessen des Gerichts steht. Allerdings sollte $diesbez{\ddot{u}}glich$ nicht verkannt werden, dass ein deratriger Entzug von $Amtsf{\ddot{a}}higkeit$, $W{\ddot{a}}hlbarkeit$ u.s.w., mit dem eine Straftat geahndet werden soll, selber von Natur aus eine Art Strafen darstellt. Der im ${\S}$ 41 des Koreanischen StGB geregelte Strafen-Katalog $enth{\ddot{a}}lt$ $n{\ddot{a}}mlich$ eine zeitlich begrenzte Aberkennung des oben genannten ${\ddot{o}}ffentliche$n Rechtsstatus als eine Art Ehrenstrafen. Nicht einleuchtend ist, warum das Wesen der Sanktion $gem{\ddot{a}}{\ss}$ ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes, die den gleichen Zweck und die gleiche Rechtsfolge wie die im ${\S}$ 41 des Koreanischen StGB geregelte Ehrenstrafe hat, nicht als Strafe aufgefasst werden sollte. Handelt es sich bei der oben genannten Sanktion um eine Art Ehrenstrafen, so stellt sich die Anforderung, sie je nach der Eigenart der begangenen Tat bzw. des $T{\ddot{a}}ters$ zu individualisieren. Das Gebot der Individualisierung der Strafen, welches $haupts{\ddot{a}}chlich$ vom materiellen Rechtsstaatsprinzip ableitbar ist, kann im Grunde nur verwirklicht werden, wenn das Gericht dazu befugt ist, unter $Ber{\ddot{u}}cksichtigung$ der konkreten $Umst{\ddot{a}}nde$ jedes Einzelfalls ${\ddot{u}}ber$ eine angemessene Strafe zu befinden. Somit ist der kraft Gesetzes eintretenden Verlust der $Amtsf{\ddot{a}}higkeit$ und der $W{\ddot{a}}hlbarkeit$ nur schwer mit dem Gebot der Individualisierung der Strafen vereinbar. Es $w{\ddot{a}}re$ deshalb $w{\ddot{u}}nschenswert$, wenn der Gesetzgeber eine Reform in Betracht ziehen $w{\ddot{u}}rde$, welche den Ersatz des kraft Gesetzes automatisch eintretenden Entzugs der $Amtsf{\ddot{a}}higkeit$ bzw. des Wahlrechts durch die gerichtliche fakultative Aberkennung von diesen Statusrechten beinhaltet.

• Journal of Legislation Research
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• no.44
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• pp.283-314
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• 2013

Das koreanische Verwaltungsprozessgesetz (KVwPG) wurde am 24. 8. 1951 kodifiziert. Es hat bisher mehrmals $ge{\ddot{a}}ndert$. Der Regierungsentwurf des KVwPG-${\ddot{A}}nderungsgesetzes$ vom 30. 3. 2013, ist fast $drei{\ss}ig$ jahre nach der Novellierung des KVwPGs 1984 erfolgt und auch spiegelt sich die Erfolge der $Bem{\ddot{u}}hungen$ in Literatur und Rechtsprechung wider. Aber es gibt nicht nur einige Unterschiede zwischen dem Regierungsentwurf und dem Entwurf der Kommission des Justizministeriums zur ${\ddot{A}}nderung$ des KVwPG (dem sog. Kommissionsentwurf), sondern auch der Regierungsentwurf ist theoretisch nicht problemlos. Vor allem sind Begriff und Umfang der neuen Klagebefugnis nicht klar. Des weiteren sind in ${\S}$ 12 des Regierungsentwurfs die Klagebefugnis mit dem $Rechtsschutzbed{\ddot{u}}rfnis$ identisch gesehen. Der $Rechtsschutzbed{\ddot{u}}rfnis$ nach ${\S}$ 12 Satz 2 des Regierungsentwurfs kann aus meiner Sicht relativ eng ausgelegt. Die $Einf{\ddot{u}}hrung$ der Verpflichtugnsklage in den Regierungsentwurf ist sehr gut, aber es kann trotzdem als problematisch angesehen werden dass Feststellungsklage der Rechtswidrigkeit der Unterlassung und Anfechtungsklage gegen Ablehnung bestehen noch. Der Begriff der Unterlassung ist $unn{\ddot{o}}tig$ und auch strikt. $Vorl{\ddot{a}}ugier$ Rechtsschutz des Regierungsentwurfs ist unter dem Gesichtpunkt der Rechtsschutz der $B{\ddot{u}}rger$ noch zu verbessern, aber doch das Modell des japanischen Verwaltungsprozessgesetzes darf nicht befolgt werden. Aufbau und System des $vorl{\ddot{a}}ufigen$ Rechtsschutzes sind auch nicht eindeutig. Nach Gegenstand und Klageart muss das Institut des $vorl{\ddot{a}}ufigen$ Rechtsschutzes in Ordnung gebracht werden. Es ist nicht ${\ddot{u}}berzeugend$ dass die $Einw{\ddot{a}}nde$ gegen die $Einf{\ddot{u}}hrung$ der vorbeugenden Unterlassung mit dem Gewaltenteilungsprinzip und der $Eigenst{\ddot{a}}ndigkeit$ der Verwaltung erhoben sind. $Dar{\ddot{u}}ber$ hinaus ist ADR (Alternative Dispute Resolution) zu beachten. In Bezug darauf ist Rechtgrundlage $f{\ddot{u}}r$ Mediation in der Verwaltungsgerichtsbarkeit zu stellen.

• Journal of Legislation Research
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• no.53
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• pp.9-59
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• 2017

Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

• Journal of Korean Classical Literature and Education
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• no.32
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• pp.327-355
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• 2016

This study aims to identify petit bourgeois desires through the characters in "Oksosun Stories" from Cheonyerok, an eighteenth-century Yadam anthology. The desires and motivations of the characters are quite secular and egocentric. Because of this, their shared characteristics are similar to those of the petit bourgeois, as neutral existence begins to emerge during the transition from feudal to modern society. The concept of petit bourgeois generally means the public and the working class of modern society. The main character's behavior in the story differs little from general petit bourgeois attitudes. An important belief in petit bourgeois is not the ruling ideology in society but the achievement and stability of realistic and ordinary desires to fulfill their lives' satisfaction. Also selfish or antisocial attitudes and boundary characteristics appear in the process, depending on whether subject having any desire. However, the character's actions are limited in the governance system of a huge reality. And It is characterized by end goal being to meet their upward mobility and stability. This corresponds with Seang's (書生) actions of turning his back on his family and country as well as promising Jaran his love; and, he redeems himself with his family and society by acquiring stability after he passed the state examination. Furthermore, the contemporary significance of this work demonstrates Seang (書生) discovering his desires for human love; therefore, in order to affirm and gratify this desire, he endures the societal state of semi-feudalism against filial duty (不孝), disloyalty (不忠), and non-chastity (不烈), and he acts independently. In addition, on the strength of his pursuit of his desires, Oksosun frees herself from the caste restraint called gisaeng (妓生) and affirms her desire to become a subject of love, but she then deviates from the social system. Moreover, the limitations and achievements of the petit bourgeois are indicated in the actions of recognizing the social threshold of their past in the process, making independent efforts using their capabilities, fulfilling success in the state examination with their intellectual capacity, and re-entering society. From the late Chosun Dynasty to modern times, there is not only the type of contemporary people who hunger for fulfillment of their personal desire and live in free will, but there is also the feudal type that is still lacking in the understanding of independent life. This is not as different as in these present times. This literature asserts the meaning of awakening one's self-existence and assigning great value to the fulfillment of self-desires against the odds that are created by socio-political, cultural, economic norms of the era. "Oksosun Story" affirms the small efforts and successes of private individuals in reality. It also validates the search for life happiness through positivity. In this sense, even the contemporary reader would derive valid meaningfulness from this literature.

• Korean Journal of Social Welfare Studies
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• v.44 no.3
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• pp.371-393
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• 2013

The objective of this article is to compare the characteristics and the origin of Welfare State in Korea and France. This study also finds out the causes of underdevelopment of Welfare State in Korea. In the third Republic of France, the first Industrial Accident Compensation Law was legislated in 1898. The discussion of the project of Law commenced in 1880. The Parliamentary Debate on the legislation of the Law had continued for 18 years. The leaders of the debate was the group of progressive Republicans(Radicals) in the French Parliament. In Korea, it was also in the period of the third Repulic, the President and several members of the Supreme Committee of National Reconstruction (Guk-Ga-Jai-Gun-Choi-Go-Ho-Eui), the authoritative military government who enacted and developed the Social Insurance Law of Industrial Accident Compensation, the first Law of Welfare State in Korea. However, Korea and France show more differences than similarities in the terms of the origin of the Welfare State. The motivations and goals of social policies of the two countries were quite different at the beginning stage. In France, the progressive Republicans of Parliament made welfare state policies in order to maintain the politico-social hegemony and social peace by provision of economic supports to workers. In Korea, the group of military officers had begun the welfare legislation in order to win the general election and obtain political power in 1963. Comparison on the origins of the welfare states in the two countries shows similarities as well as differences in terms of the role of actors. In France, the state and the owners of big enterprises had agreed and played positive roles in the legislation of the welfare state policies. However, the owners of small companies, merchants and farmers had played negative roles. Like the French case, Korean government and owners of big enterprises had played positive roles. The state as a major actor of the legislation of the social insurance programs in the two countries are slightly different. In Korea, the owners of small companies had played negative roles in making of medical insurance programs in 1976. Comparison of the current state of two welfare states shows substantial differences in terms of the development of the welfare state. What is the reason for such differences? Why does Korean Welfare State underdevelop? Historically, the developmentalism as an major ideology of the third Republic of Korea has continually influenced the underdevelopment of the Welfare State. It implies that Koreans have to invent a new ideology of Welfare State which can replace the developmentalism and support the development of Welfare State in the future. Without such a new ideology, it is very difficult to develop an european style welfare state in Korea.

• Journal of Korean Philosophical Society
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• v.137
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• pp.81-108
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• 2016

In Medieval and Christian history, disputation between Augustine and Pelagius originated from different perspectives regarding the free-will of humans and the grace of God. This debate has continued throughout the Middle-Ages and the Reformation to date. In this regard, the purpose of this article is to investigate the implication of opposition and disputation between Augustine and Pelagius on today's society. Overemphasis on human capacity and free-will leads to humanism, while the arguments supporting the grace of God can encourage evasion of the ethical obligations of humans. Augustine and Pelagius had opposing views on this subject. Pelagius emerged in the Roman Empire, emphasizing the ethical responsibility of humans with free-will. On the other hand, Augustine argued that human nature and free-will had been damaged. With a pessimistic outlook on human capacity, he emphasized the grace of God. Shocked by the self-indulgence and ethical negligence of the Church of Rome which was the center of Christian nations at that time, Pelagius strongly urged Christians of the Roman Church to take moral responsibility. However, the theology of Augustine justified the status quo of the Roman Church while Pelagius focused on the necessity of an ethical life of humans based on free-will. Viewing Pelagius' strict moralism as a humanist view that emphasizes human capacity and action, Augustine showed strong opposition to such a view and instead emphasized God's grace. Pelagius was condemned as a heretic as his belief in free-will did not follow Augustine's Doctrine of Grace. However, Pelagianism penetrated Christian history and still poses a threat to Christianity to date. Societal corruption and depravity is still prevalent in today's society as it was in the time of Pelagius. South Korea for instance is exposed to serious moral corruption and a lack of social responsibility as shown in the sinking of the MV Sewol in April 2014. For those reasons, Christian society emphasizes Christian ethics and requires an honest leader who will set an example of Christian life. In this light, I want to examine the implications of disputation between Augustine and Pelagius on today's society.

• The Korean Journal of Archival Studies
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• no.21
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• pp.169-246
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• 2009

The national records management system of the Korean Government has been developed in a close relationship with changes in the administrative system. The national records management system established immediately after the establishment of the Korean Government, began to be reformed as a system with a new feature during the quick transition of the administrative system during the early 1960s. Particularly this new system holds an important meaning in that it began to cope with the mass production system of records and was established on the government level for the first time since the establishment of the government. Also this was a basic framework that defined the records management pattern of the Korean Government for the later 40 years. Therefore, this study aims to identify the origin and the meaning of the national records management system established during the early 1960s. At the time of establishing the government, the administrative system of the Korean Government was not completely free from the framework of the administrative system of the Chosen General Government. This was mainly because the Korean Government had no capability to renovate the administrative system. This was not an exception also for the national records management system. In other words, the forms and preparation methods of official document, an official document management process, and the classification and appraisal system used the records management system of the Chosen General Government without any alteration. Main factors that brought about the reform of the national records management system as well as the change in the Korean administrative system during the early 1960s, were being created in Korean society, starting from the mid 1950s. This resulted from the growth of Korean Army, public officers, and students of administrative science as being the intrinsic elites of Korean society through their respective experience of the US administration. In particular, the reform of the creation, classification, filing, transfer, and preservation system shown during the introduction of a scientific management system of the US Army in the Korean Army was a meaningful change given the historic developing process of Korean records management system history. This change had a decisive effect on the reform of the national records management system during the early 1960s. As the Korean Army, public officers, and students of administrative science, who had posted growth beginning in the mid-1950s, emerged as administrative elites during the early 1960s, the administrative system of the Korean Government brought about a change, which was different from the past in terms of its quality, and the modernization work of documentary administration pursued during the period, became extended to the reform of the national records management system. Then, the direction of reform was 'the efficient and effective control' over records based on scientific management, which was advanced through the medium of the work that accommodate the US office management system and a decimal filing system to Korean administrative circumstances. Consequently, Various official document forms, standards, and the gist of process were improved and standardized, and the appraisal system based on the function-based classification were unified on the government level by introducing a decimal filing system.

• (The)Korea Educational Review
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• v.15 no.1
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• pp.107-132
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• 2009

What is good instruction? The term "instruction" means the essential activity of school education, a precondition for good school, and the starting point of reforming school education. The purpose of this study is to investigate the meaning of "good instruction" by examining the difference of perception between in-service teachers and pre-service teachers who encompass the viewpoint of both teacher and student using open-ended questionnaires asking the type of instruction that they have to avoid and the undesirable instruction. This study was carried out with 150 teachers who were working in the schools and 160 students who were in college of education to be teacher in the future. Collected data was analyzed using the QSR Nvivo qualitative program. The findings of this study indicates the followings: First, the most undesirable class cited by in-service teachers was the class that applies uniform instructional strategy, followed by class based on directions instruction, unsystematic class, class characterized by lack of teaching competency, class that emphasizes test scores and competition, class that are not interactive enough, class that does not consider the level of students, class in which students are not respected, class that have poor educational environment, and the class in which little support is provided. Second, the most undesirable class cited by pre-service teachers was the class that applies uniform instructional strategy, followed by unsystematic class, class characterized by lack of teaching competency, class based on directions instruction, class in which students are not respected, class that emphasizes test scores and competition, class that does not consider the level of students, class that are not interactive enough, class that have poor educational environment, and the class in which little support is provided. Third, this study examined the difference of perception between in-service teachers and pre-service teachers toward the undesirable class that they have to avoid. In terms of the integrated rank that is common among in-service teachers and pre-service teachers, the most undesirable class that they have to avoid was the class that applies uniform instructional strategy, unsystematic class, class based on directions instruction, and class characterized by lack of teaching competency. The findings of this study may be used as a basis for in-service teachers to reflect on their professionalism of instruction that they provide and examine the attitude of students toward instruction, while providing a practical guideline for pre-service teachers to design and ensure systematic instruction in the future.

• International Area Studies Review
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• v.22 no.4
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• pp.55-75
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• 2018

In China, different from the private enterprises or the locally-administered state enterprises, central state-owned enterprises generally spread over cornerstone industry which is greatly influenced by the public policy, which results in the objective existence of government influence in their productive activities. As the strategic resource, listed companies controlled by central state-owned enterprises, mostly distributed in the lifeblood and security of key industries. Therefore, listed companies controlled by central state-owned enterprises' governance efficiency play an important role in optimal allocation of state-owned assets, improve capital operation, improve the return on capital, and maintain state-owned assets safety. As the immune systems of national governance, the government audit strengthen the supervision of listed companies controlled by central state-owned enterprises in case of the loss of state-owned assets and significant risk events occur, to ensure that the value of state-owned assets. As an important component of national governance, government audit produced in entrusted with the economic responsibility of public relationship. Government audit can play an important role in maintaining financial security and corruption, and also improve listed company's accounting stability and transparency. While government audit can improve governance efficiency and maintain state-owned assets safety, present literature is scarce. Under the corporate governance theory and the economical responsibility theory, the thesis select data from 2010-2017 to verify the relationship between government audit and listed companies controlled by central state-owned enterprises' corporate performance. Results show that listed companies controlled by central state-owned enterprises are more likely to be audited by government of poor performance. Results also show that the government audit will have a promoting effect on listed companies controlled by central state-owned enterprises, and through to the improvement of the governance efficiency will enhance its companies' value. The results show that China's government audit has appealing role in accomplishing central state-owned enterprises to realize the business objectives and in promoting the governance efficiency.

• Korean Journal of Labor Studies
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• v.24 no.3
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• pp.143-178
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• 2018

This study is aimed at empirically examining the Korean unionists' solidarity using the survey of 476 full-time workers employed at the unionized workplace. It also questions the determinants affecting the unionist' willingness to be united with the contingent workers. The Korean unionism has faced the biggest challenge, that is, the crisis-in-worker solidarity. Although prior literature has noted the crisis in Korean unionism, it lacks a solid investigation of individual workers' perception of solidarity which may play a key role in building up worker-solidarity in the union movement. This study first examines the three sources of solidarity allowing for the historical and theoretical approach to the modern solidarity; economic interests, worker-identification and empathy, which provide an emprical framework for this study. The empirical evidences shows dynamic aspects as of how the full-timers perceive solidarity with the non-regular workers in the three terms of solidarity. First, full-time unionists share rare willingness to be united with contingent workers in terms of economic solidarity. In addition, the KCTU (Korean Confederation of Trade Unions) with social reformative orientation has little influence on increasing their member's orientation towards solidarity. Second, it is found that full-time unionists have more willingness to identify themselves with the non-regular workers as a member of the labor class. The KTCU is also positively associated with their member's will of identification with contingent workers. Third, the unionists, however, show little empathy toward non-regular workers, which is contrast to the willingness to worker identification. No causality is also found between the KTCU and their members' empathy for the others.