• The Journal of the Korea Contents Association
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• v.16 no.6
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• pp.405-415
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• 2016

According to Article 82 of the Constitution of the Republic of Korea, the Prime Minister and the members of the State Council should countersign to assist the President's legal behavior. It has important implications to the members of the State Council for sharing responsibilities with the President. However, the 'related' State Councilor's countersignature by the Minister of Interior(MOI) for non-State member agencies have been operating as a ritual, since the Government Organization Act describes that non-specific affairs belongs to the MOI in accordance with Article 34, paragraph 2. This paper is to promote the department standard operating by the Presidential Decree. Its main idea is to categorize non-State Councilor agencies with most closely related to members of the State Council. I suggest to make a portfolio such as Australian Federal Government in Korea. It can be made easily in accordance with each agency's rights and responsibilities written in the Acts. That's the turning point to improve effectiveness of the related State councilor's countersignature by the constitution to the President's legal activity joint accountability with the Prime Minister.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• Journal of Korean Philosophical Society
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• v.147
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• pp.147-178
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• 2018

In this thesis, the author elaborates on how acceding to the Eurocentric paradigm-driven dichotomy of the premodern vs. modern engenders a logic bottleneck that debilitates academic efforts to explore the formation of the Korean constitution. Following this logic, the author will add credence to the belief that though the West may have had an influence on the formation of Korean democracy, the institution Korea enjoys today is a result of proactive and self-driven interpretation of those influences through the lens of local tradition. This insight is a prerequisite to understanding the spirit of Korea's First Constitution as a result of Koreans creative translation of Western democracy and Republicanism in the Korean context, and one whose roots lie deep in Confucian Great Harmony Thought. Through this, the thesis aims to offer insight into how Confucian Great Harmony Thought can shed light on the historical background of the spirit of Korea's Constitution.

• Journal of Korea Technology Innovation Society
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• v.21 no.3
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• pp.1179-1206
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• 2018

Korea has entered into a post-industrial era with the Constitution of the industrial age, which defines 'science technology' as a means for national economic development. For Constitutional amendment for the new era, it is necessary to identify the "inertia of the industrial age" adhered to the Constitution. To this end, I analyzed the Constitution concerning 'science-technology' with comparative legal study and diachronic approach. The "inertia of the industrialization age" implied by the Constitution is as follows. First, it is constriction of 'science and technology'. In the Constitution, science is subordinate to technology, technology is limited to science. Second, it marks 'science and technology' as a means for economic development. Third, 'innovation' in Article 127 is still conceived as 'development or promotion'. The 'science' must be liberated from the means for industrial technology, and the 'technology' must be convergent with diversity and creativity. In addition, a constitutional provision acknowledging various influences of science and technology other than economic development is required, which means constitutional declaration of 'science and technology state principle'. Finally, in the era of so-called 'the Fourth Industrial Revolution', the Korean national innovation system(KNIS) should be re-established within the framework of the Constitution. In the post-industrial era, the pursuit of technological innovation system should based on individual freedom and creativity to the best in all areas of science, technology, politics, economy, society and culture. Therefore, renaissance of Article 5 of the constitutional Constitution is required for the KNIS, which had made 'Creativity' the basic character of the state along with 'Liberty and Equality'.

• Journal of Digital Convergence
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• v.14 no.5
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• pp.507-517
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• 2016

Social obligation of a nation must be assigned to the people, legally belong to the nation. The Republic of Korea assigns a social obligation to the Koreans, the Military Service which is regulated by the Constitution of the Republic of Korea and the Military Service Law of Korea. However, behind the law, a serious discussion, the rationality and equity, is possibly discovered from the reality of the military service system against athletes of Korea. The purpose of this study was to analyze the military service system against athletes of Korea based on the Constitution of Republic of Korea and the Military Service Law of Korea. Three proposals, prohibit duplicated benefits of athletes, military service evasion after care system and keeping the military and police sport organization as nonprofessional, to recover the institutional problems regarding the equity and rationality were suggested in the end of this research. With the results, this research hopefully contribute to the development of sport law, fundamental obligation with sports and the military service system on athletes in Korea.

• Journal of the Daesoon Academy of Sciences
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• v.40
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• pp.77-114
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• 2022

The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

• Journal of Service Research and Studies
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• v.11 no.4
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• pp.21-42
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• 2021

This study was conducted to derive a Korean model that can permanently maintain and develop Korea. After analyzing Korean society, especially modern Korea, which was the foundation of the founding of the Republic of Korea, a Korean model that can lead Korean society as a sustainable society in human society was derived. The situation of Korea and Koreans was analyzed from a fundamental level. We analyzed the root causes of deepening division and conflict and vague concepts of freedom and justice, and presented a Korean model of the Republic of Korea based on the founding ideology and constitutional spirit of the Republic of Korea to solve these problems. The necessary conditions for being a Korean were derived from the founding ideology and constitutional spirit of the Republic of Korea, the indigenous ideology of Korea, and the fashion and lifestyle of Koreans, derived. In addition, basic axioms for the Korean model were presented, and the structure of the Korean model was designed based on this. The Korean model is presented so that Korean society can lead the human society and be happy for a long time. Reflecting the results of in-depth analysis of the ideological foundations of modern Koreans, a new long-term sustainable structure for Koreans with various ideologies to live well together was proposed. The new Korean model was named the service-oriented Korean model. This is because it is a model centered on thorough checks and balances between all opponents, because it is a multidimensional dynamic Korean model rather than a simple linear one-dimensional Korean model, and because it is a Hwajaengtaeguk model that accurately expresses the identity of Koreans. It was proposed as a model for the sustainable development of Korean society. A follow-up study on specific Korean education programs is needed in the future.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.3
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• pp.235-241
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• 2017

With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

• The Korean Journal of Archival Studies
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• no.35
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• pp.93-132
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• 2013

It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.