• Title/Summary/Keyword: 법제구조

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회원칼럼 I - 건축구조설계! 어느 법제도 하에 있어야 하겠는가?

  • Cha, Gwang-Chan
    • 건축구조
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    • v.19 no.1
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    • pp.16-18
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    • 2012
  • 현재 건축 관련 법제도가 요동치고 있다. 서로 자기분야에 유리하도록 법제정 및 법개정을 서두르고 있다. 이런 시점에서 우리 건축구조기술사들은 어떤 대책을 세워야 하겠는가? 그동안 제정된 법규 또는 입법 예고된 법규들 중 우리 건축구조기술사와 관련이 있는 법을 살펴보고자 한다. 또한 FTA가 통과되고 엔지니어링산업 시장이 개방될 시 우리 건축구조설계분야가 어느 법제도 하에 있어야 건축구조설계산업이 경쟁력을 갖고 살아남을 수 있겠는지 나름대로 분석한 결과 의견을 피력하고자 한다.

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A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

A Review on the Financial and Legal Characteristics of 'Leveraged Buyout(LBO)' in the Korean Capital Markets (LBO(Leveraged Buyout)에 대한 법제도상 특성과 재무적 이론의 응용가능성 고찰)

  • Kim, Hanjoon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.1
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    • pp.85-93
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    • 2013
  • While relatively many researches have been performed on the legal issues of leverage buyout(LBO) in the Korean capital market, the on-going 'interdisciplinary studies' between the legal and the financial aspects of LBO financing structure seems to be relatively few so far. In this particular study, the concept and major financing structures on LBO have been discussed, by which domestic investors including institutional investors, may acquire in-depth knowledge on the issue given the dynamically changing circumstances surrounding the Korean domestic capital market. Moreover, legal analyses related to the conventional case studies on two types of LBO structures such as 'asset-backed LBO' and 'merger-related LBO', have been illustrated, coupled with the review of the previous literature on mergers & acquisitions(M&A) related to the financial aspects of LBO financing structure. From the director's perspective, who is employed by an acquired firm, legal issues in terms of 'fiduciary duty' and 'duty of loyalty' have been discussed, along with the logical scope of 'business judgement principle' in terms of modern finance theory.

A Study on the Improvement Approaches of Immigration Workers' Legal System to Introduce Foreign Workers according to change the Population Structure (Low Fertility and Aging) (인구구조 변화(저출산·고령화)에서 외국인력 도입을 위한 이주노동자의 법제도적 개선방안 연구)

  • Lee, Chuck-He;Noh, Jae-Chul
    • Industry Promotion Research
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    • v.6 no.1
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    • pp.79-86
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    • 2021
  • Due to the change in the demographic structure, the problem of low birth rate and aging population leads to a serious decrease in human resources, and the necessity of introducing foreign workers is increasing. This study believes that the introduction of foreign workforce is the most effective to expand the working-age population in the era of low birthrate and aging, when demographic changes begin in earnest, and to this end, it sought to devise measures to improve the legal system for migrant workers. As a result of this study, first, the legal system for migrant workers should be unified and improved. It is necessary to establish or unify management agencies so that the 「Immigration Control Act」 and the 「Labor Act」 can establish a cooperative relationship. Second, the 「Immigration Control Act」 should be revised to make it easier for migrant workers to find employment. It is necessary to positively review the employment permit system and acquisition of nationality. Third, there should be no equity or discrimination against migrant workers. Under the principle of mutual benefit, employers and migrant workers should not be equally discriminated against. Fourth, the social insurance system must be added to the legal system of migrant workers. Therefore, the legal system should be reorganized so that migrant workers are not discriminated against in various insurance systems including the four major social insurance systems. In conclusion, the problem of low birthrate and aging population has become a serious social problem due to changes in the demographic structure, and the decrease in the possible generation population has reached a level of concern. The importance of migrant workers' employment and work environment is increasing. Nevertheless, related legal and institutional problems still exist, and measures to improve the legal system for migrant workers are needed.

A Study on the Reorganization of Science and Technology Law by Changes in the Science and Technology Environ (과학기술 환경 변화와 과학기술 법제 개편 방향)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.15 no.4
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    • pp.881-915
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    • 2012
  • These days, according as the role and function of science and technology become a important solving means of various national and social problems caused in knowledge information society as well as the development of national economy, the national target and mission of science and technology have been newly illuminated. The task of science and technology has embodied into national policies, and these policies acquired institutional foundation through the legal system related to science and technology. Recently, the discussions about the operating system of present science and technology legislation are often happened, if or not the legal system is optimal and appropriate itself under the changed environment. In special, some issues are raised continuously, for example, about the improvement of coordination system on S&T policies, and the governance system on national R&D programs, etc. This paper aims to research and suggest the reorganization method of science and technology law. For this purpose, the development and existing state of S&T legislation was investigated, the government role and policy driving direction were reviewed under the recent changed environment, and the problems of S&T law in structure and content were analyzed in variety of perspectives. On this basis, the reorganization methods of science and technology law are suggested.

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A study on the legal structure of the nuclear law system using social network analysis (사회 연결망분석을 활용한 법제 네트워크 구조에 관한 연구: 원자력산업의 관계 법령정보를 중심으로)

  • Jeon, Jieun;Lee, Sanghoon
    • Journal of Digital Convergence
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    • v.17 no.8
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    • pp.47-60
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    • 2019
  • The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

A Critical Examination of Convergence Studies on Media Policy Institutions (방통융합 관련 법제개편 논의의 비판적 분석)

  • Kim, Pyung-Ho
    • Korean journal of communication and information
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    • v.30
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    • pp.121-141
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    • 2005
  • Most of the convergence studies argue the reform of the current policy regime of broadcasting and telecommunications in Korea from two perspectives: 1) the media governance perspective and 2) the media industry perspective. The former emphasizes the need of integrity, consistency and efficiency of the regime in the convergence environment, while the latter focuses upon the growth and development of the media industry making the best of economic and industrial opportunities that are spawned by digital convergence. Although their arguments are logical and robust, they are lopsided in terms of legalism and myopic economism due to the linear perception of institutionalism, Bureaucratic administrative practices as well as ostentatious IT policies that have chronically plagued the policy regime in Korea cannot be resolved by simply assimilating distinct regulatory bodies and laws. Unless these two issues are properly addressed, the convergence of media policy institutions would end up a half-success or half-failure contrary to the exportations of existing studies.

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South-North Legal System Division: Challenge for the Integration of Legal Systems beyond the Division of Korea (남북 법제분단: 분단을 넘어 법제통합을 위한 과제)

  • Choi, Eun-Suk
    • Journal of Legislation Research
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    • no.53
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    • pp.61-107
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    • 2017
  • It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

Effect of Police Corruption Factors on Corruption Level through Occupational Identity and Organizational Citizenship Behavior of Police Officers (경찰부패 요인이 경찰공무원의 직업정체성과 조직시민행동을 매개로 경찰부패에 미치는 영향)

  • Chun, Kyung Kook;Kim, Taek
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.2
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    • pp.97-106
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    • 2021
  • The issue of controlling police corruption is very important that in terms of public services where police administration is in direct contact with citizens. In this study, individual, organizational, cultural, and legislative factors are classified as independent factor variables that contribute to police corruption, and the effect of these corruption factors on the level of police corruption, and the role of occupational identity and organizational citizenship behavior of police offices in this relationship are analyzed. A survey is conducted on the public citizens for empirical analysis of this study. The results of the empirical analysis are as follows: First, organizational, cultural factors and legal-legislative factors have negative influence on the occupational identity. Second, legislative factors has negative influence on organizational citizenship behavior. Third, organizational, cultural and legislative factors have positive effects on police corruption. Finally, in terms of the effect of corruption factors on organizational citizenship behavior through occupational identity, organizational, cultural and legal-legislative factors had negative mediating effect on it.