• Journal of the Korea society of information convergence
• /
• v.7 no.2
• /
• pp.41-48
• /
• 2014

Capitalism of altitude in modern society has brought a brilliant development of human civilization. But there is a side effect of capitalism. It is just such as alienation of labor, polarization. The need to consider the worker's equal rights to share profits of private companies in the first Korean Constitution of 1948 is to mitigate the adverse effects of this capitalism. It is considered that the present government aims at "economic democracy" slogan and also be matched. The worker's equal rights to share profits of private companies means the distribution rights of workers to receive excess profits of the company. The review of these worker's equal rights to share profits of private companies is thought very meaningful.

• Journal of Korea Technology Innovation Society
• /
• v.21 no.3
• /
• pp.1179-1206
• /
• 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'.

• Journal of Korean Philosophical Society
• /
• v.147
• /
• pp.147-178
• /
• 2018

In this thesis, the author elaborates on how acceding to the Eurocentric paradigm-driven dichotomy of the premodern vs. modern engenders a logic bottleneck that debilitates academic efforts to explore the formation of the Korean constitution. Following this logic, the author will add credence to the belief that though the West may have had an influence on the formation of Korean democracy, the institution Korea enjoys today is a result of proactive and self-driven interpretation of those influences through the lens of local tradition. This insight is a prerequisite to understanding the spirit of Korea's First Constitution as a result of Koreans creative translation of Western democracy and Republicanism in the Korean context, and one whose roots lie deep in Confucian Great Harmony Thought. Through this, the thesis aims to offer insight into how Confucian Great Harmony Thought can shed light on the historical background of the spirit of Korea's Constitution.

• Journal of the Korean Geographical Society
• /
• v.47 no.5
• /
• pp.718-734
• /
• 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.

• Korean Journal of Heritage: History & Science
• /
• v.52 no.4
• /
• pp.78-103
• /
• 2019

The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.