• Journal of Legislation Research
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• no.54
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• pp.71-110
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• 2018

Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the "local autonomy act", the local governments' function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2013.10a
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• pp.642-653
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• 2013

• LP가스
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• v.22 no.1
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• pp.26-28
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• 2010

그동안 프로판업계에서 논란이 돼온 LPG충전소의 소비자 직판과 관련하여 법제처의 명확한 유권해석('09.12.14)이 내려졌다. 관련 내용을 게재한다. 지식경제부가 질의한 액화석유가스 충전사업자가 판매허가를 별도로 득하지 않고 판매행위를 할 수 있는지("액화석유가스의 안전관리 및 사업법" 제3조 등 관련)안건번호 09-0360에 대한 회신 (회신일자 2009.12.14)

• 주택과사람들
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• s.195
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• pp.86-87
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• 2006

지난 7월 초 국회 법제실ㆍ국회 입법지원단 건설교통분과위원회 주최로 '8ㆍ31 부동산 대책 이후 주택저책의 변화와 과제'에 대한 세미나가 열렸다. 이번 세미나는 부동산 관련 법을 제정하는 법제실 주최로 개최돼 현 부동산 정책을 점검하고 앞으로 부동산 정책의 방향과 과제를 마련하는 데 적합했다는 평가가 지배적이었다. 세미나에서 발표했던 주택 정책에 대한 다양한 의견과 아이디어에 대해 살펴보자.

• 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.

• Journal of Legislation Research
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• no.44
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• pp.387-433
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• 2013

Understanding the concepts of health and medical practice are significant because they are the basis of health and medical policy and law. How legislators, policy makers, and the public perceive those concepts defines the direction of legislation and policy making. This study aims to show the changes of the concepts by reviewing the history of major Statutes relating to health and medicine. Alongside medicalization of human conditions and daily activities, the concepts of health and medical practice also expanded. On the other hand, as technologies of health and medicine have specialized and segmented, the large portion of public services of the past is now provided by the private sector. We argue that the actual laws and decisions by the judiciary should be responsive to social and scientific changes, which may cause the changes of the perceptions of health and medical practice. By doing so, they not only can have actual legal force but also even initiate a movement for establishing new medical policy or law.

• 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.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• Journal of Korean Library and Information Science Society
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• v.35 no.3
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• pp.23-40
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• 2004

The purpose of this paper is to overview the administrative system and legislation of Russia's libraries with priority given to public library. After the breakup of the Soviet Union in 1991, Russia began to set up a new political, legal, and economic system. Russia has about 51,000 public libraries. Most towns and large villages have a public library As a rule, public libraries are unified in centralized systems coincident in their location with administrative regions. The great majority of public libraries are part of a network subordinated to the Ministry of Culture of the Russian Federation. Library legislation is an important guarantee of the success of library service. Two definitive federal laws were enacted in 1994, Library Law and Legal Deposit Copy Law. In 2001, the Russian Library Association adopted the Model Standard for Public Library. It has a recommendatory character and it is addressed to both librarians and local authorities.

• Journal of the Korean Society for Library and Information Science
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• v.38 no.2
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• pp.75-94
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• 2004

The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.