• Korean Journal of Social Welfare
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• v.60 no.3
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• pp.201-230
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• 2008

While the constitutional states emerged in the period of the constitutional monarchies to protect freedom and property of citizens from a illegal trespass of monarchs, the passive role of the constitutional states to protect them was changed in the modern parliamentary democracy in which the state is to play an active role to realize the basic rights. Today the state giving chances and social benefits to citizens plays a very important role so that the people may to enjoy a free life as a citizen. In the modern parliamentary democracy the role of the state, therefore, is transformed form passive roles to active ones realizing the basic rights for citizens. The active role of the state to embody the basic rights asks the parliament to bear more the responsibility for making laws than ever before. In the modern welfare state social rights are also recognized as a basic right. In this sense the parliament should play a active role to realize the social rights. But the Korean parliament excessively turns over his legislative right on the basis of a delegated legislation to the Administration. It does not fulfill its responsibility for which the modern parliamentary democracy asks. To realize the social rights the Korean parliament should play a more active role.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• 주택과사람들
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• s.204
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• pp.34-35
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• 2007

한국조세연구원에 따르면 현 종합부동산세 구조가 급격한 세 부담 증가로 이어질 수 있어 비과세 및 감면 혜택 등을 검토할 필요가 있다고 지적했다. 세부담의 급격한 상승도 문제지만, 헌법이 보장하는 기본권에 대한 침해가 사실성 더 큰 과제일 수 있다.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• 대학교육
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• s.140
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• pp.16-21
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• 2006

개정 사학법의 내용은 학교법인의 기본권을 침해함은 물론 자유민주주의의 원리, 자유시장 경제질서의 원리에도 크게 위반된다. 개정 사학법은 사학의 자율성을 신장하고 교육의 국제경쟁력을 높이는 방향으로 반드시 재개정하지 않으면 안 된다.

• Korean Security Journal
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• no.10
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• pp.215-242
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• 2005

As CCTV can be an effective tool to prevent or suppress crime at low cost, they have been widesoread in developed countries. In spite of their effectiveness, they infringe some constitutional rights such as the right to privacy, the right of likeness and the right to control over personal information. The police and ward offices install CCTV in public areas to prevent crimes without a legal basis or standard. When information obtained in such a way is used as investigation data for the police or as an evidence in a court, it can cause serious trouble. To solve this problem, legal restriction on the installation of CCTV as should be clearer. Since current laws on public agencies' protection of personal information are too general, they are not effective enough to protect personal information. Therefore, Personal Information Protection Organic Act should be enacted to make a legal basis for protecting comprehensive personal information. It should be obvious who installs CCTVs, who pay for the cost and how they are managed. Before installation, the police and ward offices should obtain residents' consent through a public hearing or voting (on the range and purpose of installation), or conduct an impact assessment. During installation, CCTVs should be limited to prevent or suppress crimes, keep public order and void dangers. In case of making a sign of installation, it must specify its rights. After installation(operation/management phase), they should abide by principles of information protection and try not to infringe constitutional right. In the cognitive aspect, the police should constitutional rights must be secured although it is important to carry out their missions. The police should serve citizens and change to the police of communities. Citizens should understand that constitutional right can be infringed if public order is not maintained. When citizens cooperate with the police, they fear of crimes will decrease.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.317-321
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• 2006

Endless criminal act has serious effect on safety of the nation and lives of the citizens and it is causing major disorder in ruling of the nation and the society. Also internet generalization in public put country's information foundation on the latest trend on the other hand, due to lack of security concept, cyber crime is on the rise such as hacking and viruses. But with various crime occurrence and increased desire for safety of citizens, there is limit to provide high quality public security service with just police force and equipments. To solve the problems, advanced crime prevention system, not on the nation's level but on the private level was activated private security business some time ago. And now it has its firm place as a corresponding existence with crime prevention capability of police force. Still private security industry of Korea has relatively many weak points when compared with advanced countries and it should be backed up with improvement of the law and the system.

• Korean journal of communication and information
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• v.39
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• pp.69-101
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• 2007

Some clauses of the prior review rules for broadcasting commercials, which are enforced by the Broadcasting Act violate the right to free speech guaranteed by the Constitution. The range of prohibited expression under the clauses are too vague and overbroad to distinguish between permissible and impermissible broadcasting commercials. The clauses also fail to pass the constitutional principle that restrict government from excessive regulation on constitutional rights. The principle has a four-pronged test on the government action; 1) the validity of its goal; 2) availability of appropriate means; 3) necessity of infringement; 4) and balancing test of interests. Some clauses of the prior review rules that forbid expressions on sensitive political and cultural issues fail to pass none of the four-pronged standards.

• Journal of the Korea Society of Computer and Information
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• v.17 no.5
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• pp.177-183
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• 2012

There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

• Fire Science and Engineering
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• v.23 no.5
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• pp.181-195
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• 2009

Modern constitution obtains its justice by protecting the people's basic legal rights. The constitutional rights can be more than a defensive measure against government power by modern viewpoints. The government has to create an atmosphere which the rights are not violated. The Constitution provides that the government has to make efforts to prevent disaster and protect the people from danger in Clause 34, Art. 6. The government has an obligation to protect the people's basic legal rights of life, health and property from fire damages, and those rights are gathering strength under a socialist state principle as fundamental ideology of modern societies. The present fire inspection system gains a point constitutionally but it still needs to be certified as the most suitable system. This article examines the solution to operate fire inspection system efficiently, given the reality of present system operation. It is necessary to improve the system by integrating the present fire inspection with the self fire inspection. Government needs to re-modification the Fire inspections system for prevent and promote (resolve) the problem which government officer (ex fire fighter) can make a irregularities and corruption as do it oneself.