• The Journal of Korean Philosophical History
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• no.31
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• pp.263-287
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• 2011

Li-Gu was a Confucianist who criticized traditional 'attend to Righteousness and neglect Profit' idea and insisted that people affirmed 'Proprietiy' and 'Interest', which accorded with human nature and desire. He said that 'Proprieties' was made by adjusting one's material life and natural desire. Therefore, if we want 'Propriety' is manifested itself, we must affirm and satisfy the material life and natural desire first. He asserted that if we didn't follow this, the people's life would be devastated and the nation would face a big crisis. Li-Gu's thought not only gave Wang An Suk's Reformation a theoretical basics, but also attached the new and reformist meanings to 'Propriety', which had been changing meaningless and abstract, by criticizing Songming Confucian School and put great stress on uniting the inside and outside. In this article, through examining Li-Gu's the idea of Righteousness and Profit, King and Ruler, Inside and Outside, we can consider what the real 'Propriety' is and what kind of practical meaning 'Propriety' has.

• The Journal of the Korea Contents Association
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• v.9 no.10
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• pp.274-283
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• 2009

To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

• Korean Security Journal
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• no.26
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• pp.7-28
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• 2011

This study is to propose the improvement of security related regulations to reinforce security activity and actualize constitutionalism in the National Assembly. For the purpose, some improvements could be considered as followings; First, legislating of regulations including some articles on the scope of security activity such as order preservation at assembly hall, facility security, security agents' right and protection of personal is necessary. Second, changing the organization and command system of security management is necessary for the unification of security activity and efficiency of the job. Also clear definition of terminology on the security job is need. For the shake of above object, one officer in charge of situation management and three section such as the personal protection section, facility security section and order preservation section could be substructured under security department. Third, elimination of unnecessary article on the arrest of red handed criminal in the assembly hall and on the physical checkup of audience by security agent is need. Also legislating of regulations on the hoarding of person who could disorder is necessary. Forth, legislating of regulations on the cooperation with government branch, judicial police power, carry and use of weapon and uniform and equipment to reinforce practical efficiency of security activity. For the proper legislating of the regulations, comparition with other public organizations such as presidential security Service, police, private security could be considered.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.78-85
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• 2013

The revelations made possible by Edward Snowden, a contractor of the US intelligence service NSA, are a sobering reminder that the Internet is not an 'anonymous' means of communication. In fact, the Internet has never been conceived with anonymity in mind. If anything, the Internet and networking technologies provide far more detailed and traceable information about where, when, with whom we communicate. The content of the communication can also be made available to third parties who obtain encryption keys or have the means of exploiting vulnerabilities (either by design or by oversight) of encryption software. Irrebuttable evidence has emerged that the US and the UK intelligence services have had an indiscriminate access to the meta-data of communications and, in some cases, the content of the communications in the name of security and protection of the public. The conventional means of judicial scrutiny of such an access turned out to be ineffectual. The most alarming attitude of the public and some politicians is "If you have nothing to hide, you need not be concerned." Where individuals have nothing to hide, intelligence services have no business in the first place to have a peek. If the public espouses the groundless assumption that State organs are benevolent "( they will have a look only to find out whether there are probable grounds to form a reasonable suspicion"), then the achievements of several hundred years of struggle to have the constitutional guarantees against invasion into privacy and liberty will quickly evaporate. This is an opportune moment to review some of the basic points about the protection of privacy and freedom of individuals. First, if one should hold a view that security can override liberty, one is most likely to lose both liberty and security. Civilized societies have developed the rule of law as the least damaging and most practicable arrangement to strike a balance between security and liberty. Whether we wish to give up the rule of law in the name of security requires a thorough scrutiny and an informed decision of the body politic. It is not a decision which can secretly be made in a closed chamber. Second, protection of privacy has always depended on human being's compliance with the rules rather than technical guarantees or robustness of technical means. It is easy to tear apart an envelope and have a look inside. It was, and still is, the normative prohibition (and our compliance) which provided us with protection of privacy. The same applies to electronic communications. With sufficient resources, surreptitiously undermining technical means of protecting privacy (such as encryption) is certainly 'possible'. But that does not mean that it is permissible. Third, although the Internet is clearly not an 'anonymous' means of communication, many users have a 'false sense of anonymity' which make them more vulnerable to prying eyes. More effort should be made to educate the general public about the technical nature of the Internet and encourage them to adopt user behaviour which is mindful of the possibilities of unwanted surveillance. Fourth, the US and the UK intelligence services have demonstrated that an international cooperation is possible and worked well in running the mechanism of massive surveillance and infiltration into data which travels globally. If that is possible, it should equally be possible to put in place a global mechanism of judicial scrutiny over a global attempt at surveillance.

• 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.

• 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.

• Journal of Legislation Research
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• no.44
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• pp.241-281
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• 2013

First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.