• Title/Summary/Keyword: 법적근거

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A Study on the Analysis of the Cooperative Operation Policy of Foreign Universities in China (중국의 외국대학 합작운영정책 특성 분석)

  • Lee, Su-Jin;Kim, Han-Na
    • Korean Journal of Comparative Education
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    • v.27 no.4
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    • pp.45-71
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    • 2017
  • This study was designed to examine the characteristics of Chinese-foreign Cooperation in Running Schools (CFCRS) to draw implications for the introduction and management of curriculum cooperation with foreign universities. For this study, relevant literatures and articles on CFCRS were collected and analyzed. This study summarized the characteristics of CFCRS from the perspectives of the running purpose, cooperation modes, and evaluation and quality management. The results show that the main characteristics of CFCRS are to promote the comprehensive development of China's higher education and cultivate talents for imminent national development by introducing the advanced educational resources and experience, to achieve the purpose of "not studying abroad" through diversified and high-quality co-operation programs, to conduct strict quality management over the introduction and operation stages, and to establish legal grounds by establishing enough relevant policies. Based on the results, this study proposes several areas of improvement such as the introduction and operation of foreign curriculum in Korea to foster global talents, enhancement of the evaluation and management of cooperation programs and institutions with foreign universities, regulation and examination of the foreign university curriculum introduction, and normalization of the curriculum operation through the policy review process and related policies.

How does Man and Non-human beings meet? (인간과 비인간 존재는 어떻게 만나는가?)

  • Sim, Gui-yeon
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.239-260
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    • 2018
  • Is an artificial intelligence robot, a non-human beings newly emerging in the age of technology, a threat to human beings, or a mutual cooperation or ensemble with human beings? The desire to control nature through the use of the power of science and technology is manifested in the fear that humans can annihilate themselves. This study attempts to identify the problems of Cartesian epistemology underlying these questions and fears and to answer these questions based on Merleau - Ponty 's ontological ontology using the Ontology and Latour' s ontology and technological philosophy. The cogito derived from the Cartesian philosophy became the basis of the structure of dichotomous epistemology of 'subjectivity and objectivity' based on human - reason. In the human-centered world, all non-human beings were tools or controls for humans. The problem of the modern people is not only to get help from the natural scientific methods to control the nature including man, but also to think that scientific method is the only way to understand the world. In criticizing this, Merleau-Ponty shows that the body mediates between human beings and non-human beings, and provides a possible ontological basis for the ontology. Merleau - Ponty 's phenomenological methodology and ontology are newly developed by Simondon under the influence of phenomenological philosopher and phenomenology. The relationship between human beings and nonhuman beings by Simondon appears as an ensemble of human and technical objects or a mutual co - operation of human and technical objects. In particular, Latour goes a step further in Simondon and defines all the bodies living in the world as actor-network theory, denying the core concept of modernity. Merleau - Ponty 's phenomenological view can be a new possible basis for the philosophical discussion of the technological age. We will see that the problem itself can be solved by shifting modern fear to a phenomenological attitude.

A Study of Children's Statements in sexual violence cases of children less than the age of 13 -Focusing on video-recorded hearsay evidence- (13세미만 아동성폭력 재판에서의 아동진술연구 -영상매체를 통한 전문 증거를 중심으로-)

  • Park, Yeon Ju;Kim, Jung Woo
    • Journal of the Korean Society of Child Welfare
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    • no.55
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    • pp.87-111
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    • 2016
  • This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.

The Historical Understanding of the U. S. Secret Records Management (미국의 비밀기록관리체제에 대한 역사적 이해)

  • Lee, Kyong-Rae
    • The Korean Journal of Archival Studies
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    • no.23
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    • pp.257-297
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    • 2010
  • The U. S. government has a long history to classify and manage governmental records which are created, collected, and preserved for itself. During the colonial period before the independence, the U. S. mostly practiced the maintenances of secret records and restrictions of access to the records following a long convention without any specific legal authority. Since establishment of the U. S. Constitution, the government had kept secret records on the basis of constitutional authority. However, the U. S. government began to take shape the secret records management system when it participated in the World War I, which required the system to reflect the needs in reality to manage drastic increases in important military and foreign relation documents. The World War II made the U. S. government strengthen its secret records management system, and its conception of secret records management system at that time has sustained until now. It can be said that the current secret records management system of the U. S. government continues to be managed by constitutional authorities and the executive orders which are opt to change. This article intends to review the secret records management system of the U. S. from the initial history of the U. S. to the Cold War. To understand its system of secret management, the paper investigates the U. S. secret records management history by dividing into three periods: the period of establishment of its tradition(the Colonial era~just before the WWI); the period of taking shape of its system (the WWI~the WWII); and the period of current conception of its system. The criteria of these divisions are created based on the differences of the laws relevant to the secret records and the application methods of secret management system in reality.

A Study on Management and Utilization of Non-disclosure Records (비공개 기록의 관리와 활용에 관한 연구)

  • Ahn, Ji-Hyun
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.135-178
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    • 2006
  • The response of public organizations on information offerings has affirmed that the arrangement of the management of records is an important project to be implemented ahead of the enforcement of the information disclosure system. In particular, the absence or non-disclosure of information of public organizations on records containing significant information and abuse of the secret disposition of information has demonstrated that it is imperative to improve radically the management of secret or non-disclosed records as well as overall changes of awareness. This study reviewed the reality of the current non-disclosure and management of confidential records based on the awareness on such records and proposed improvement measures. The study on non-disclosed and confidential records has been discussed from legal and administrative perspectives so that the main focus has been on the institutional aspect. Yet, there is a limitation on such discussions in that there cannot be fundamental access to issues of non-disclosed and confidential records. That is because the management of information classified as non-disclosed and confidential can be improved fundamentally when all processes from the production of the records to their management are carried out reasonably. Accordingly, since our record management system is divided into three phases of the disposition division, record center, and archives and takes a management record by being applied to the flow of the life cycle of records, we have reviewed overall issues from the production of non-disclosed and confidential records to the utilization of the records pursuant to these steps and offered directions for improvement.

A Study on Analysis and user-friendly Improvement Plan for Urban Planning Information System (수요자 중심의 도시계획정보체계 개선방안)

  • Lee, Se-won;Kang, Ji-Hun;Kim, Heung-Cheol
    • Journal of Cadastre & Land InformatiX
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    • v.48 no.2
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    • pp.153-170
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    • 2018
  • The purpose of this study is to diagnose problems by analyzing the status of system and user in order to activate the Urban Planning Information System(UPIS). The UPIS has been distributed to all local governments through pilot and expansion projects since 2003 to utilize spatial information in urban planning and administration. The original purpose was to use GIS to support planning and to support scientific decision making, but now the main task is to designate and manage zoning districts related to land use. Therefore, the UPIS is responsible for the production (preparation procedure) and management of the local district information for use in the Korea land use information system, which is an upper concept defined by the law, but it is evaluated that its identity is ambiguous and utilization rate is low. This study is conducted to investigate the four aspects (business process, database, system, citizen service) of UPIS, and suggest concrete improvement measures. To summarize, each individual system exists in the Korea land use information system, but they all share similar data and have a linked work flow. Therefore, we suggested that the DB current plan should be established to improve the reliability of data and to redefine the business process around the UPIS.

A Comparative Study on the Revised Bills of the Regulatory Freedom Special Districts Act (focused on the Revised Bills by Proposed Kim Kyung-soo, Jung Sung-ho, Choo Kyung-ho, Hong Il-pyo) (규제자유특구법 개정안의 비교 고찰 (김경수, 정성호, 추경호, 홍일표, 개정안을 중심으로))

  • Kang, Min-Su;Choi, Ho-Sung;Cho, Han-Jin
    • Journal of the Korea Convergence Society
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    • v.10 no.3
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    • pp.203-209
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    • 2019
  • Special Act on Regulatory Freedom Zone and Regional Special Development Zonet" introduced a new type of 'Freedom Special Zone of Regulation' that is legally distinguished from the existing Special Districts for Regional and Regional Development to support the innovative and strategic growth of the areas, and even passed a number of legal grounds for providing innovative regulations for regional development projects or regional strategic industries within the Special Districts. Starting with the bill legislation proposed by The Parliament Members, Kim Kyung-soo on behalf of 33 suggestors, Choo Kyung-ho, Jung Sung-ho and Hong Il-pyo submitted the bill legislation on behalf of 10 to 12 proposers, respectively. As a major matter of issue, the purpose, designation, scope of application, promotion system, application of A Bill of Three kind on Regulatory Innovation, and Balanced National Development, many kind of regulation as like types of menu, special cases, punitive regulations, and so on have been argued until the end of the bill proposed from the beginning. In this study, the differences between the bill suggested by the Parliament members and bill approved already are to be compared and analyzed to confirm how the items on issue were reflected for the bill finally and to draw up measures for the correct operation of the special regulations.

Rules in Disarray, Orientation Imposed: Establishment of the Framework Act on Science and Technology, 1998-2015 (분열된 규정, 일관된 방향 : 과학기술기본법의 제정과 그 결과, 1998-2015)

  • YOO, Sangwoon
    • Journal of Science and Technology Studies
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    • v.19 no.2
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    • pp.41-83
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    • 2019
  • Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.

A Study on Local Records Management in Japan : Focusing on the Enactment of Records Management Ordinance and the Improvement of Archives (일본의 지방기록관리 연구 기록관리 조례 제정과 아카이브 정비 사례를 중심으로)

  • Yi, Kyoung Yong
    • The Korean Journal of Archival Studies
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    • no.50
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    • pp.389-423
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    • 2016
  • This paper aims at examining the local records management under the influence of the Public Archives Act established in 2009 through a case study of prefectures and large cities with prefectural level dominions in Japan. The records management in local government has been carried out on the basis of 'the document management rule' in administrative agencies without the public archives management law. Modification of laws and ordinances in relation with records and archives management and reorganization of archives are proceeding to realize 'proper records management' in local government. Even if the content and levels are varied due to the situational conditions of local governments, the unitary records management system covering 'current and non-current' records is being adopted through the establishment of records management ordinances. In the process, local archives are pursuing strengthening and extension of their authorities and functions on records management. In addition, it is identified that observation of the provisions of records management ordinance is reinforced with public announcement of retention schedule and operation of public records management committees. These changes in local governments reflect the thought that administrative records are the intellectual property of the public and the intent of the law that accountability for the public should be achieved through the proper records management.

The Legal Improvement for Effective Planning of the Water Vision 2020 (효율적인 수자원장기종합계획 수립을 위한 법적 개선방안)

  • Kim, Jinsoo;Lee, Gyumin
    • Proceedings of the Korea Water Resources Association Conference
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    • 2017.05a
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    • pp.254-254
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    • 2017
  • 수자원장기종합계획은 수자원의 안정적인 확보와 효율적인 이용 개발 및 보전을 위하여 "하천법" 제23조에 근거하여 수립되는 물 분야의 최상위 법정계획이다. 수자원장기종합계획은 20년 단위로 수립되며, 5년마다 그 타당성 여부를 검토하여 필요한 경우에는 계획을 변경하고 있다. 국토교통부는 지난 2016년 12월 수자원장기종합계획 제3차 수정계획(2016~2020년)을 수립 고시하였다. 그런데 수자원장기종합계획과 같이 상위 개념의 법정계획의 수립을 위해서는 관련 법정계획 및 부처 간의 수평적 수직적 연계가 중요한데, 현행 법체계는 이에 미흡한 측면이 있어 보인다. 우선적으로 수평적 연계를 위해서는 수자원장기종합계획 수립과정에 이수 치수 및 방재 분야의 업무를 담당하고 있는 관련 부처의 적극적인 참여를 독려할 필요가 있다. 현재 "하천법" 제23조제4항은 수자원장기종합계획을 수립하거나 변경할 경우, 중앙행정기관의 장과 협의하도록 규정하고 있다. 그러나 현행 규정에 따른 부처별 '협의'는 국토교통부가 수자원장기종합계획을 수립한 후 관련 부처의 의견을 수렴하는 소극적 형태의 협의라고 볼 수 있다. 효율적인 수자원장기종합계획 수립을 위해서는 "하천법" 소관 부처인 국토교통부가 수자원장기종합계획 수립을 위한 기본적인 지침을 수립하여 관련 중앙부처인 환경부(환경), 국민안전처(치수), 산업통상자원부(공업용수) 및 농림축산식품부(농업용수)에 시달하고, 각 부처는 담당 분야별 계획을 수립하여 국토교통부에 송달한 후, 국토교통부는 이를 취합 검토하여 수자원장기종합계획을 수립하는 적극적 형태의 연계를 고려할 필요가 있다. 수직적 연계를 위해서는 기존의 하향식(top-down)에서 벗어나 상향식(bottom-up)의 계획수립이 필요해 보인다. 즉 국토교통부의 수자원장기종합계획 수립에 따라 하위 개념의 유역종합치수계획("하천법" 제24조) 및 댐건설장기계획("댐건설 및 주변지역지원 등에 관한 법률" 제4조) 등을 수립하는 것이 아니라, 지역별 유역별로 수자원계획을 우선적으로 마련하도록 하고 이를 기초로 전 국토를 대상으로 하는 수자원장기종합계획을 수립하는 방안이 적절해 보인다. 이를 위해서는 수자원장기종합계획 수립하기 이전에 지역별 또는 유역별로 수자원계획을 수립할 수 있도록 "하천법"에 관련 규정을 신설할 필요가 있으며, 이수뿐만 아니라 환경, 방재 분야의 하위 법정계획의 수립 시기 및 주요 내용에 대한 종합적인 검토가 요구된다.

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