• Title/Summary/Keyword: 법제통합

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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.

Development of a Water Information Data Platform for Integrated Water Resources Management in Seoul (서울시 통합물관리를 위한 물정보 데이터 플랫폼 구축방안)

  • Yoon, Sun Kwon;Choi, Hyeonseok;Cho, Jaepil;Jang, Suk Hwan
    • Proceedings of the Korea Water Resources Association Conference
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    • 2020.06a
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    • pp.76-76
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    • 2020
  • 국가 물관리일원화 이후, 지방하천 관리에 대한 지자체 역할과 권한이 커지고 있으며, 중앙정부의 물관리 수준에 부합하는 데이터관리 체계구축 및 지속적인 품질관리(Quality Control, QC)와 표준화(Standardization) 기술개발이 요구되고 있다. 지자체의 경우 기존의 행정구역별로 분산 관리해오던 물관리 시스템을 유역단위로 전환할 필요가 있으며, 국가하천 구간과 연계한 종합적인 관리가 필요한 실정이다. 서울시의 물관리 시스템은 자치구별로 산재해 있으며, 관리 주체 및 해당 변수에 따라 제공되는 정보가 다르고 하천유역 단위로 분류되어 있지 않다. 따라서, 서울시와 자치구, 중앙정부 및 관련 기관과의 연계성 있는 정보제공을 위한 데이터 플랫폼 구축 기술개발이 필요한 실정이다. 본 연구에서는, 빅데이터, AI 기술을 활용한 물정보의 품질관리 자동화 기술개발과 지속적인 유지관리 및 표준화 정보제공 시스템 구축 기능을 포함하는 서울시 통합물관리 데이터 플랫폼 구축 목표 모델을 제시하였으며, 서울시 물관리 체계와 관련하여 SWAT 분석을 통한 단계별 사업추진 로드맵을 도출하였다. 분석결과, 서울시 통합물관리 플랫폼 구축을 위해서는 유역별 수량-수질 통합 모니터링 및 모델링 기술개발, 빅데이터 기반 물 정보화 플랫폼 구축 기술개발, 지방하천 유역 거버넌스 구축 및 법제도 정비 방안 마련이 요구되며, 관련하여 주요 이슈(3대 핵심전략, 10개 단위과제)를 도출하여 관련 연구과제를 제안하였다. 마지막으로, 서울시 통합물관리 정책 실현을 위해서는 법제도 마련이 시급하며, 서울시 '통합물관리 기본조례' 제정을 통한 기반을 조성할 필요가 있음을 시사하였다. 또한, 다양한 분야 이해관계자 협의체인 '서울시 통합물관리위원회(가칭)'의 거버넌스를 구성하여 운영하는 것이 현실적이며, 한강유역관리 및 지방하천 관리와 관련한 중추적인 역할 수행과 쟁점 논의 등 합리적 합의가 가능할 것으로 기대한다.

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Study on the Standardization of Management Form through Integrated Management of CCTV (CCTV 통합관리를 위한 관리대장 표준화 연구)

  • PARK, Jeong-Woo;LEE, Seong-Ho;NAM, Kwang-Woo
    • Journal of the Korean Association of Geographic Information Studies
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    • v.19 no.2
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    • pp.63-72
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    • 2016
  • Closed-circuit television(CCTV) is a facility that forms the backbone of the ubiquitous services provided by the Integrated Management Center of the Ministry of Land, Infrastructure and Transport and the Integrated Control Center of the Ministry of the Interior. However, it is installed and managed according to different laws, as it is operated and managed by each department. Moreover, because there are no regulatory grounds for unified management of CCTV, each municipality responsible for the actual management manages it based on the individual standards of each department. Thus, the purpose of this study is to develop a standardized management form to establish an integrated management plan. The author inspected the existing situation by examining the legal system and public data and through hands-on worker interviews, and discovered the managed element by reviewing the specifications of the bidding system. The management form for integrated management comprises the above requirements along with the management histories and linkage of intelligent facilities. A uniform management form for integrated management containing specifications of the CCTVs installed by various departments is created, and is easily searched for facilities to check requirements for joint use. The result of this study can contribute to building the database of facility management system for integrated management of facilities at the integrated management center as well as for a detailed simulation of the selection of location of CCTV depending on the CCTV's specifications.

The Development Direction of Vulnerable People's Welfare-related Legislation (서민취약계층복지 관련 법제의 발전방향)

  • Yoon, Seok-Jin
    • Journal of Legislation Research
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    • no.41
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    • pp.171-200
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    • 2011
  • Protection of vulnerable people in our country today, "the National Basic Livelihood Security Act," is primarily responsible. But current law income and wealth, and by a person responsible for supporting consider only the absolute protection of the poor, and because it is insufficient for the protection of vulnerable people. Specifically, current law does not mean the relative poverty of vulnerable people is limited to the protection of economic demand. It also incorporates the payment of salaries paid individual because the people most vulnerable to social protection is insufficient demand. Dependent regulation is too strict and a person responsible for supporting do not receive legal protection by forming a dead zone is a major cause. In this study, the development direction for the protection of vulnerable people suggests. The first, "National Basic Livelihood Security Act" award in determining the minimum cost of living is relatively proposed to introduce the concept of poverty. Second, payment of the consolidation benefit and the individual benefit to adopt a intermix approach, the social needs of vulnerable people to adapt to that proposed. Third, a person responsible for supporting dependent criteria and whether according to the actual supporting to be judged.

Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

A Study on the Advancement of the Legal System for Small Fishing Vessels to Ensure Marine Safety (해양안전 확보를 위한 소형어선 법제도 개선에 관한 연구)

  • Song, Byung-Hwa;Lee, Kyoung-Hoon;Choi, Woon-Kuy
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.7
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    • pp.875-888
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    • 2018
  • The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

Measurements on Legislation of User-Protection Act in the Era of ICT-Convergence (ICT융합에 따른 방송통신 이용자보호 법제의 합리적 개선방안)

  • Park, Jong-Su
    • Journal of Legislation Research
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    • no.44
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    • pp.103-153
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    • 2013
  • This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

A Study on Current Issues for the Realization of u-City (u-City 구현을 위한 현안과제 조사분석)

  • Kim, Jung-Hoon;Yi, Mi-Sook
    • Spatial Information Research
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    • v.15 no.1
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    • pp.1-14
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    • 2007
  • u-City is a new concept and phenomena of applying Information & Communications Technology(ICT) into real cities in Korea. In order to effectively integrate a city with high-tech ICT infrastructure, cutting-edge ICT is being integrated into physical urban environments from the planning and construction stage of a city. There are positive expectations regarding its effect on urban planning and citizens' lives. However, construction of u-city has technical limitations as well as institutional obstacles. This paper aims at identifying problems of current u-city practices and suggesting appropriate solutions for those problems. To do so, it first collects opinions from diverse experts. Then, it draws problems and suggests solutions in terms of u-infrastructure, u-service, policy and implementation process.

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