• Korean Journal of Social Welfare
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• v.60 no.4
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• pp.157-173
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• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.

• Korean Security Journal
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• no.60
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• pp.9-31
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• 2019

Due to the development of technology and popularization of drone, the so-called "dirty drone" that exploits drones for crimes and terrorism has become a social problem, and it is time to seriously consider the "revenge of drones." Indeed, the cases of threats posed by drones are expanding not only to threats to ground facilities, but also to aviation safety threats, more recently to large-scale events, demonstrations and crimes targeting specific personnel, and terrorism. This research clearly defined the concept of anti-drone when it emerged as a new type of social safety threat as it was abused in crime and terrorism, while response to it was not enough yet. Through this process, it was intended to present an effective anti-drones system. We analyzed the major controversial elements of anti-drone, and defined them as "comprehensive response activities at the legal, institutional and technical levels performed by law enforcement agencies, related technology and industrial entities in a way that prevents, detects, and blocks acts that violate public well-being and order, such as crimes and terrorism caused by the drones." To effectively respond to dirty drones, the authority of law enforcement agencies and the enactment of relevant laws were proposed. In the future, a comprehensive and systematic follow-up study of the anti system should be conducted.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.145-181
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• 2013

General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

• Journal of the Korea Society of Computer and Information
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• v.26 no.2
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• pp.141-150
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• 2021

Article 117, Paragraph 1 of the 「Constitution」 states that "Local governments may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes". It restricts the enactment of effective self-government laws. The fundamental problem-solving is securing the right to self-governing legislation through constitutional amendment. Therefore, it must be revised to "Local governments can make regulations on self-government to the extent that they handle resident welfare affairs in accordance with the subsidiarity and do not violate the law." In the long-term perspective, the current education council problem, which is contrary to the constitution, has to be revived as a constitutional independent education committee system, and the voting agency and the executive agency must go together and education councilors must have about 10 years of experience in education and education administration. The current superintendent's election system is of great significance in establishing democratic legitimacy by ensuring residents' right to vote and securing a superintendent's representation of residents. It hasn't been long since the system was implemented, but there are some side effects and it is argued that the election system should be replaced by the appointment by the head of the local government, the running mate system or the joint registration system. However it is thought that it is necessary to minimize and supplement the side effects rather than fixing the system as it violates the Constitution of the local education autonomy system.

• Korean Journal of Heritage: History & Science
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• v.54 no.1
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• pp.184-205
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• 2021

Governance is valued as a new concept and principle of social operation and public policy management, and its influence is gradually expanding. Among the various governance theories being put into practice and in case analysis studies, collaborative governance embracing various governance concepts has been found to increase interdependence and responsibility beyond participation and compromise, and create new public values by integrating and utilizing optimal social coordination forms. In the field of cultural assets, governance-related research is also being conducted for the efficiency, sustainability, and scalability of public policy enforcement. This study explored the government's role (promotion, arbitration, and condition creation) in collaborative governance, focusing on the "Cultural Heritage Guardians" to understand how collaborative governance operates in the cultural heritage sector. Regarding governance policies in the cultural asset sector, the cultural asset guardians highlighted the status, role, and characteristics of policies by examining their introduction, development, and implementation. The results of the analysis revealed that private-led, horizontal public-private cooperation, collaborative governance, policy introduction, solidarity, professionalism, resource/knowledge imbalance, cooperation precedence, etc., facilitate increased participation. The government has accordingly proposed measures to establish comprehensive legal stability centered on cooperation; strategic reorganization of dedicated organizations; strengthened, supportive intermediate organizations; and individual and multi-party consultative bodies.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.37-55
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• 2021

On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

• Journal of International Area Studies (JIAS)
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• v.12 no.4
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• pp.67-88
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• 2009

In April, 1995, ANC government was established in South Africa. The Black government set up Truth and Reconciliation Committee in November, 1995. The Committee investigated approximately 50,000 cases for 3years. Through this process, Black and White in SA could be united into one. Finally, the system of racial discrimination, lasting for about 300 years, was abolished. The Committee played a role as a social infra-structure, which was to perform and solidify democracy in SA. Reconciliation, agreement, Participation, equality, Communication, and Reformation of law system were practically implemented by the Committee. Many people evaluate TRC's activity, which had the reformative and democratic character of the object of investigation, investigative criterion, investigative process, and the approval of investigative result. But De Klerk evaluates that TRC retaliated the White with legal. J. Cronin evaluates that TRC transiently change democracy of the South Africa, and many other social movement groups had a negative view about TRC. But the Black and White in South Africa transformed 'discriminated society' into 'united one'. The Committee took the initiative in such a change. The Committee was not an organization needed for the policy, but the committee was the policy itself to change the former society to the new one. Now The ANC government was forwarding TRC's roles and functions to the truth and reconciliation bureau of the Justice Department for further action. The ANC government has to execute some policy for social reconciliation. Firstly, the government needs to build construction social and national system for making close investigation into the White's historical guilt. Secondly, it must be executed to TRC's recommendation pursuit social reform of social infra-structure in the South Africa. Thirdly, The government should execute policy for the Black's right as labors and social member. Lastly, the government must investigate still-remaining historic state violence and infringement of human right for social reconciliation.

• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.105-124
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• 2023

Modern society is facing an unstable environment due to unexpected accidents and hazardous situations. For example, incidents such as the collapse of the Bundang Bridge and the crushing accident in Itaewon could serve as examples. In addition to these, critical emergencies like sudden cardiac arrests and strokes frequently occur, requiring swift actions and smooth transfers to specialized medical institutions for effective responses. In response to these risks, the country has been establishing various systems to protect the lives and safety of its citizens. Among these, the 119 First Aid Activities plays a crucial role within the emergency medical system. Its goal is to promptly respond to critical emergency situations involving severe trauma patients or patients with serious illnesses, minimizing damage and safeguarding lives by swiftly transferring them to emergency medical institutions for specialized treatment. The core activity related to this is emergency rescue operations. In particular, the 119 First Aid system serves as a crucial institution responsible for the hospital transportation of emergency patients. However, rescue personnel still encounter cases of interference with their activities during their duties. Despite efforts from the police, these interference cases persist, and they share similarities with the crime of obstructing official duties. Interference with emergency activities exhibits a comparable nature to instances such as physical assaults and equipment damage against emergency medical practitioners working within the emergency medical system. Therefore, a comprehensive understanding and improvement efforts regarding the issues of interference that arise during the process of emergency medical activities, including the 119 First Aid system, are necessary. The solution to these problems is to establish and improve the conditions for obstruction of first aid activities, focusing on the "Framework Act on Firefighting" and the "Act on 119 Rescue and Emergency."

• The Journal of the Convergence on Culture Technology
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• v.10 no.4
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• pp.331-337
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• 2024

The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.