• Title/Summary/Keyword: 새 헌법

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Constitutional Amendment for Post-industrial Society (포스트-산업화 시대의 과학·기술과 헌법 : 제헌헌법 제5조의 '창의 존중'과 미래혁신)

  • Buh, Gyoung-Ho
    • Journal of Korea Technology Innovation Society
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    • v.21 no.3
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    • pp.1179-1206
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    • 2018
  • Korea has entered into a post-industrial era with the Constitution of the industrial age, which defines 'science technology' as a means for national economic development. For Constitutional amendment for the new era, it is necessary to identify the "inertia of the industrial age" adhered to the Constitution. To this end, I analyzed the Constitution concerning 'science-technology' with comparative legal study and diachronic approach. The "inertia of the industrialization age" implied by the Constitution is as follows. First, it is constriction of 'science and technology'. In the Constitution, science is subordinate to technology, technology is limited to science. Second, it marks 'science and technology' as a means for economic development. Third, 'innovation' in Article 127 is still conceived as 'development or promotion'. The 'science' must be liberated from the means for industrial technology, and the 'technology' must be convergent with diversity and creativity. In addition, a constitutional provision acknowledging various influences of science and technology other than economic development is required, which means constitutional declaration of 'science and technology state principle'. Finally, in the era of so-called 'the Fourth Industrial Revolution', the Korean national innovation system(KNIS) should be re-established within the framework of the Constitution. In the post-industrial era, the pursuit of technological innovation system should based on individual freedom and creativity to the best in all areas of science, technology, politics, economy, society and culture. Therefore, renaissance of Article 5 of the constitutional Constitution is required for the KNIS, which had made 'Creativity' the basic character of the state along with 'Liberty and Equality'.

Thailand in 2016: The Death of King Bhumibol Adulyadej and the Uncertainty in Political Economy (태국 2016: 푸미폰 국왕의 서거와 정치·경제적 불확실성)

  • KIM, Hong Koo;LEE, Mi Ji
    • The Southeast Asian review
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    • v.27 no.2
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    • pp.245-271
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    • 2017
  • The purpose of this study is to examine and assess the major characteristics and changes of politics, economy, and diplomacy in Thailand in 2016. Specifically, it reviewed the New Constitution that was passed in 2016, the confrontation between different political forces and the trend of military regime around the New Constitution, and the political instability caused by the accession of the new king to the throne. This study also set out to figure out changes to the economy and foreign relations of the country, including its relations with South Korea, under the military regime and make predictions for the impact and future prospects of King Bhumibol Adulyadej's death on the politics and economy of the country. In 2016, the politics of Thailand took a step further toward the transfer of power to civil government and established a foundation for an authoritarian system. The draft of the New Constitution, which does not seem to be democratic, was approved by a referendum and enabled the military authorities to continue their political interventions, even after the general election. The New Constitution, in particular, reduces the power of political parties itself in addition to simply keeping the Thaksin's party in check; thus, anticipating ongoing conflicts between the military authorities and political parties. In this situation, the absence of King Bhumibol Adulyadej, who used to play a decisive role in promoting the political stability of the country, and the accession of the new king to the throne raise concerns about the acceleration of political instability, which has continued after the coup and influenced the diplomatic relations of the country. Today, Thailand is distancing itself from Western nations that do not recognize the current military regime including the U.S.A. and EU member states and instead maintains a rapidly friendly and close relation with China. In 2016, the economy of Thailand made a gradual recovery rather than high growth. The death of King Bhumibol Adulyadej has exerted limited direct economic impacts only on individual consumption and tourism and is not likely to cause a recession. An economic crisis will, however, be unavoidable if the political confrontations escalate before the general election to transfer power to the civil government.

The Government Organization Act and the Desirable Government Structure in the 21st Century (21세기 바람직한 정부조직과 정부조직법)

  • Sung, Nak-In
    • 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.

A Study on the Willing-To-Pay on Modification Methods of Residents Registration Number System (주민등록번호제도 개편방안에 대한 국민들의 불편비용 : 주민등록번호 변경 방안에 대한 지불의사액 분석)

  • Choi, Seong-Rak;Lee, Hye-Young
    • The Journal of the Korea Contents Association
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    • v.17 no.4
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    • pp.375-383
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    • 2017
  • In 2015, Constitutional court of Korea declared that the Resident Registration Act was unconformable to Constitution. Therefore, the Resident Registration Act have to amend the article before 2018 for allowing to change one's Resident Registration Number. The most expensive cost to change one's Resident Registration Number System is the uncomfortable cost of changing the Number. This study invests the uncomfortable cost of changing the Number by Willingness to pay Method. In result, the cost of changing all 13 numbers would \ 160,000, the cost of changing 7 numbers would \ 108,000, and the cost of making Second Registration Number would \ 110,000. This result could be used to analyze the B/C ratio of changing the Resident Registration Number System.

Gerrymandering and Malapportionment in Redistricting for National Assembly Election by Politics of Regional Cleavage Interference (지역균열정치와 국회의원선거구 획정의 게리맨더링과 투표 등가치성 훼손)

  • Lee, Chung Sup
    • Journal of the Korean Geographical Society
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    • v.47 no.5
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    • pp.718-734
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    • 2012
  • This study investigates the interference of politics of regional cleavage in the redistricting for national assembly election and its effects on gerrymandering and malapportionment. Since the Constitutional Assembly election, the argument about gerrymandering and malapportionment continues and the single-member election district with simple plurality system in Korea has aggravated the problem of cleavage and unfairness. Especially, redistrictings for national assembly election in 2008 and 2012 are suspected of gerrymandering by Saenuri party and Democratic United party. Yeongnam region where Saenuri party is dominant and Honam region where Democratic United party is, are over-represented compared to population, while the districts in Gyeonggi-do are under-represented and the need for increasing the number of districts has been ignored. These redistrictings might come from unfair and collusive interference of politics of regional cleavage, and consequently malapportionment has been brought about.

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The Political Recognition Surrounding Candlelight Rally and Taegeukgi Rally: A Big Data Analytics on Online News Comments (촛불 집회와 태극기 집회를 둘러싼 정국 인식: 온라인 뉴스 댓글에 대한 빅데이터 분석)

  • Kim, ChanWoo;Jung, Byungkee
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.6
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    • pp.875-885
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    • 2018
  • This study analyzed the major issues of the Candlelight Rally and Taegukgi Rally registered in news comments of the politics section of the portal site from October 24, 2016 to March 19, 2017. We examined the political recognition of the two rallies with the Named Entity Recognition. The main analytical items are the responsibility for impeachment, the subject and method of settlement, and other major issues. As a result of the analysis, the comments of the Candlelight Rally focused on the impeachment support and the legal penalties of the regime ministers, and insisted on resolving the political situation through the next election after impeachment. The comments of the Taegukgi Rally focused on the rejection of the impeachment to maintain the regime and insisted on rejecting the impeachment of the Constitutional Court. The conflicts between the group that supported Candlelight Rallis and the group that supported Taegukgi rallies are predicted to last at least for the time being (Park Geun-hye's trial period) after the presidential election. After the impeachment of the President and replacement of the regime this conflict will develop into the confrontation between the pursuit of liquidation and new politics and the attempt to influence the trial of Park Geun-hye. Therefore, the efforts to integrate society in the aftermath are necessary.

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.

Records Management and Archives in Korea : Its Development and Prospects (한국 기록관리행정의 변천과 전망)

  • Nam, Hyo-Chai
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.19-35
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    • 2001
  • After almost one century of discontinuity in the archival tradition of Chosun dynasty, Korea entered the new age of records and archival management by legislating and executing the basic laws (The Records and Archives Management of Public Agencies Ad of 1999). Annals of Chosun dynasty recorded major historical facts of the five hundred years of national affairs. The Annals are major accomplishment in human history and rare in the world. It was possible because the Annals were composed of collected, selected and complied records of primary sources written and compiled by generations of historians, As important public records are needed to be preserved in original forms in modern archives, we had to develop and establish a modern archival system to appraise and select important national records for archival preservation. However, the colonialization of Korea deprived us of the opportunity to do the task, and our fine archival tradition was not succeeded. A centralized archival system began to develop since the establishment of GARS under the Ministry of Government Administration in 1969. GARS built a modem repository in Pusan in 1984 succeeding to the tradition of History Archives of Chosun dynasty. In 1998, GARS moved its headquarter to Taejon Government Complex and acquired state-of-the-art audio visual archives preservation facilities. From 1996, GARS introduced an automated archival management system to remedy the manual registration and management system complementing the preservation microfilming. Digitization of the holdings was the key project to provided the digital images of archives to users. To do this, the GARS purchased new computer/server systems and developed application softwares. Parallel to this direction, GARS drastically renovated its manpower composition toward a high level of professionalization by recruiting more archivists with historical and library science backgrounds. Conservators and computer system operators were also recruited. The new archival laws has been in effect from January 1, 2000. The new laws made following new changes in the field of records and archival administration in Korea. First, the laws regulate the records and archives of all public agencies including the Legislature, the Judiciary, the Administration, the constitutional institutions, Army, Navy, Air Force, and National Intelligence Service. A nation-wide unified records and archives management system became available. Second, public archives and records centers are to be established according to the level of the agency; a central archives at national level, special archives for the National Assembly and the Judiciary, local government archives for metropolitan cities and provinces, records center or special records center for administrative agencies. A records manager will be responsible for the records management of each administrative divisions. Third, the records in the public agencies are registered in the computer system as they are produced. Therefore, the records are traceable and will be searched or retrieved easily through internet or computer network. Fourth, qualified records managers and archivists who are professionally trained in the field of records management and archival science will be assigned mandatorily to guarantee the professional management of records and archives. Fifth, the illegal treatment of public records and archives constitutes a punishable crime. In the future, the public records find archival management will develop along with Korean government's 'Electronic Government Project.' Following changes are in prospect. First, public agencies will digitize paper records, audio-visual records, and publications as well as electronic documents, thus promoting administrative efficiency and productivity. Second, the National Assembly already established its Special Archives. The judiciary and the National Intelligence Service will follow it. More archives will be established at city and provincial levels. Third, the more our society develop into a knowledge-based information society, the more the records management function will become one of the important national government functions. As more universities, academic associations, and civil societies participate in promoting archival awareness and in establishing archival science, and more people realize the importance of the records and archives management up to the level of national public campaign, the records and archival management in Korea will develop significantly distinguishable from present practice.