• Journal of Digital Convergence
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• v.11 no.3
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• pp.13-22
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• 2013

With increase of Korean economy scale and globalization, permanent alien residents in Korea are increasing day by day. Living in Korea, they maintain their original nationalities, but their life in Korea is greatly affected by political decision made by Korea. It has been taken for granted that foreigners's suffrage were not recognized due to national sovereignty. The claim that foreigners should not be allowed to participate in government has constantly been met with counterargument on the basis of instability of sovereignty principle, trends of advanced countries, intrinsic differences between federal and regional governments, or actual state of foreigners. It is unreasonable to deal with foreigners' suffrage and eligibility for election differently in that the current public offices election law does not allow foreigners to be eligible for election without any special reason while allowing foreigners to vote in the local election. It is discrimination against foreigners not to allow foreigners to be eligible for election when there is no rationale to differently deal with foreigners' suffrage and eligibility for election. This paper deals with constitutional argument regarding foreigners' electoral eligibility, takes a look at legislative cases of Japanese and European countries, and examines possibilities of including foreigners' eligibility for election in our public offices election law.

• Journal of the Korean Society for Library and Information Science
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• v.57 no.4
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• pp.233-262
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• 2023

It is essential to have adequate legal regulations to achieve the policy objectives in libraries. This study aims to analyze the structure and critical amendments of the Library Act (Law No. 18547), which was comprehensively revised on December 7, 2021 and has been in effect since December 8, 2022. This analysis examines the normative validity and effectiveness from a policy legislation perspective. As a fundamental law, we explore whether the Library Law possesses legal validity and can contribute to achieving policy objectives by elevating the societal value and qualitative improvement of libraries from an effectiveness standpoint. The analysis results suggest proposing enhancements to the content of objectives and fundamental principles, specifying the responsibilities of the state and local authorities, improving the library policy system, and enhancing the substantial influence of the National Library Commission.

• The Journal of the Korea Contents Association
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• v.16 no.5
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• pp.732-745
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• 2016

This study aims to analyze ordinance in a local government for the improvement of the preferential purchasing system of products manufactured by disabled. So, This study analyze 44 ordinance of a local government. The results of this study were as follows. First, 44 local governments enacted the ordinance(rate was 18.1%). Second, Most of the local governments suggest purpose of ordinance, agency of application, establishment of support plan, request of purchase cooperation, duty of purchase promotion. But there are not suggest other items in many ordinance. In particular, Duty of local government president is specified only 30(rate was 68.1%). Third, The municipal ordinance conflicting with the upper laws and regulation. Forth, The Council for the promotion of the preferntial purchasing system of products made by disabled upgrade to an advisory organization including professor, expert, disabled. Fifth, The sales routes of products need to be extended from the public agency to private companies for Preferential purchasing in affirmative action. In order that the Preferential purchasing system will not be a nominal law, the government should show active willingness about monitoring of local government.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2015.05a
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• pp.545-570
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• 2015

Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

• The Journal of the Korea Contents Association
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• v.20 no.5
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• pp.204-211
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• 2020

This study investigates the 17 ordinances on the improvement of labor condition and status of social workers in the metropolitan city of Busan that has 16 administrative borough, or gu, and a central headquarter, and further verifies its implementation. Researchers identified the presence of 9 articles in each ordinances, followed by data request being made to all the administrative offices for their implementation. As a result, the articles on obligation, research on the actual condition, support plan and committee establishment have been excluded in many gus, which were in default of implementation or slower than ordinances stipulate. It is suggested that statements about the obligation of the head officers, preceding research on the actual condition before support plan and committee establishment should be made in the independent articles. Regarding its implementation, ordinances are required to have a regulatory power through penalty, reflect the actual demands of social workers in the field and go through a regular evaluation and monitoring on its implementation in order for purpose accomplishment.

• Korean Journal of Social Welfare
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• v.67 no.4
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• pp.181-202
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• 2015

This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

• The Journal of the Korea Contents Association
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• v.13 no.1
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• pp.186-198
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• 2013

This study has interest in the cultural environment in the local areas. Despite continuous efforts to establish a new law for the culture and arts in the local areas, they failed because of its non-systematic approach to legal system of culture and arts areas. In order to establish a new law of culture and arts development in the local areas, it explores the existing efforts and foreign cases for the legislation, and analyses the legal system in culture and arts. As a conclusion, it suggests recommendations; Firstly, culture and arts should be separated regarding the legislation for cultural development in the local areas. Secondly, the articles which share same or similar meaning in the existing laws should be rectified. Finally, the roles of central government and local government should be identifies regarding public supports for culture and arts in the local areas.

• Journal of The Korean Association of Information Education
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• v.15 no.2
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• pp.209-217
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• 2011

Korea is a powerful nation in field of IT that has a 30 percent of world market. However Because of the IT education have been treated unimportant, korea has a shortage problem of manpower that develop core technology and software. Therefore, in this paper we propose a direction of the enactment of Information Technology Education Promotion Law to improve an education system and to promote education for IT. Also, we propose detailed contents to include in this law - the duty of country for a comprehensive planning of Information Technology Education, the organization of committee to promote Information Technology Education, a method to promote Information Technology Education in school and society, certification system of Information Technology using ability. Therefore, we expect that the result of this paper will contribute to enact an Information Technology Education Promotion Law that can improve an education system for IT.

• Proceedings of the Korea Water Resources Association Conference
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• 2011.05a
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• pp.112-112
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• 2011

2010년 12월 8일 국회 본회의에서 "친수구역 활용에 관한 특별법"(이하 친수법)이 통과되었다. 친수법은 국가하천의 양안 2km 이내의 지역을 엄격한 기준에 의해 친수구역으로 지정하여 체계적으로 개발하도록 제도화하였다. 또한 특히 사업시행자를 공기업 및 지방자치단체 등 공공기관으로 제한하고 개발이익도 하천정비에 재투입하여 개발이익이 사유화되거나 이윤추구의 장이 되지 않도록 하는 법적 토대를 마련하고 있다. 우리나라의 하천은 지난 수십 년간 개발일변도 정책으로 하천 본래의 모습을 찾기 어렵다. 인구의 도시집중, 지속적인 개발, 하천에 대한 기대치 증가 등으로 앞으로도 하천 자체의 자정능력에 의한 회복은 기대하기가 쉽지 않다. 4대강 살리기 사업(이하 4대강사업)은 국내 하천의 이러한 절실한 현실이 고려되었다고 한다. 그런데 4대강사업으로 조성되는 수변지역을 그대로 방치하면 무분별한 난개발과 토지투기의 장으로 전락할 가능성이 크다. 또한 수변구역 주변의 넓은 토지는 이미 농경지화되어 있어 비료, 제초제 등 비점오염원의 하천유입으로 수질을 지속적으로 위협하고 있다. 이러한 제반 여건들이 친수법 제정의 주요한 동기가 되었다고 한다. 그러나 친수법의 제정에는 수많은 우여곡절이 포함되어 있다. 친수법은 법안이 발의된 이래 법안의 취지를 둘러싸고 향후 법 실행과 관련된 논의가 첨예하게 대립하여왔다. 본 연구는 이미 제기된 특별법의 문제점에 대하여 법적인 관점에서 짚어보고, 그에 따른 개선방안을 모색해 보고자 한다. 친수법의 제정을 위하여 꼭 특별법이라는 입법과정을 거쳐야 했는지 그리고 친수법이 상정하고 있는 사업의 성격 및 내용에 대한 법적인 타당성을 살펴보고자 한다. 또한 친수법 제4장에서 규정하고 있는 하천관리기금을 법률 구성의 입장에서 어떻게 파악할 수 있는지에 관한 점도 고찰하였다. 즉, 친수법이 구상하고 있는 [특별법의 제정${\rightarrow}$친수구역 개발에 의한 수익 창출${\rightarrow}$하천기금의 조성${\rightarrow}$건전한 하천관리]의 구도가 법적으로 어느 정도 균형과 조화를 이룰 수 있는지 고찰하였다.

• Korean Journal of Social Welfare
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• v.60 no.4
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• pp.157-173
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• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.