• Journal of Legislation Research
• /
• no.53
• /
• pp.311-335
• /
• 2017

국민들과 주민들의 입법참여를 위한 여러 방안들을 제도화 한 것은 의견을 수렴하기 위한 것에서 나아가 주권자인 국민과 대의기관이 협력하여 협치를 이루기 위한 것으로 볼 수 있다. 이미 제도화된 입법예고와 공청회 청문회를 비롯하여 입법청원과 주민의 조례의 제정 개폐청구권 등은 일방적으로 법을 입법하여 수범자에게 제시되는 것이 아니라, 국민들의 의견을 반영하고 협력하여 '좋은 법' 내지 '준수가능한 법'을 만들기위한 것이다. 또한 제도화되지는 않았거나 본질상 제도화될 수는 없는 것이지만 사회적 자율과 국가적 강제를 조화시키는 장점을 지니는 국민발안과 협상에 의한 규칙제정 그리고 시민입법 및 연성법 등도 협치라고하는 시대정신에 상응하는 입법경향에 해당하는 것이라고 볼 수 있다. 현행 제도인 입법청원이나 입법예고를 포함하여 법안심사 과정중에 공청회 청문회를 실질화하여 국민들의 의견을 입법에 적극 반영하는 것이 국가와 국민의 협치를 강화하는 것이며 조례의 제정이나 개폐 청구를 실질화하여 주민들의 의견을 자치입법에 적극 반영하는 것이 지방자치단체와주민의 협치를 강화하는 것이다. 또한 제도화는 안 되어 있지만 국민소환과 함께 도입이 주장되고 있는 국민발안제도 혹은 시민입법도 입법과정에서의 일방성을 시정하기 위한 협치의 한 방안이고 협상에 의한 입법이나 연성법의 활용도 협치적 요소를 강화하기 위한 방안이라고 볼 수 있다. 법률 행정입법 자치입법의 입법을 포함하여 연성규범에 있어서, 즉입법과정에서 공식적이건 비공식적이건 간에 협치의 의미를 실현하고 이를 적용할 영역은 이와 같이 다양하게 생각해 볼 수 있다. 입법을 통한방식의 국가의사 결정에 있어서 기존처럼 일방적인 방향성을 지니는 패러다임에서, 이제는 쌍방적인 방향성을 지니는 패러다임의 전환이 바람직하다고 할 수 있다. 특히 법률에 의한 행정과 재판이 법치주의의 본질적내용이기 때문에 국가작용에서 입법은 특히 중요하며, 입법과정에서 국민을 참여시키고 의견을 수렴하고자 하는 협치적 요소를 입법과 관련한 제도개선에 적극적으로 반영할 필요가 있다.

• The Korean Journal of Archival Studies
• /
• no.58
• /
• pp.65-94
• /
• 2018

This paper is an example of records & archival management in Sagamihara City, Japan. The purpose of this paper is to examine the process and main contents of the Japanese record community making 'exemplary records management system' in the region. Specifically, the organization of the Records Management Council, which performs the limited function and role of the 'advisory body', actively utilized the organization of 'local government', which is the main governance organization of municipal administration in the process of regulating the ordinances and related regulations. In this process, related record information at each stage of record management is actively provided to the members of the society. This case is significant in that it presents the "practical view" of the recording community in the reality of the records management in Korea where there is no archive, which is the material foundation of the realization of 'systematic record management'.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.39 no.5
• /
• pp.21-32
• /
• 2011

The district units planning suggests not only detailed standards of building as parts of the whole plan in the district but also a guideline of the arrangement, shape and pavement of the public open space, in order to move away from the rigid image of an institution which causes the formal creation of it. This triggered various problems. While the basic plan for adjustment of urban environments(established in 2005) was being reorganized in order to reflect changed conditions of the city center, the sector of public open space was subdivided according to the guidelines of development by district. We conducted a comparative analysis of conditions before and after the adjustment, so as to examine whether or not the reorganized institution is effective for the plan of public open spaces. The analysis showed that there was no remarkable change between the basic plan and the reorganized institution in that items which were not any different from the existing building codes were established due to lack of guidelines related to public open space under the law of urban and residential environmental improvement. Low regulations should set up criteria for establishment from a concrete, effective microscopic aspect appropriate to the significance of public open space by the linking of public open space and the surrounding environment, whereas high regulations such as building codes should specify essential components.

• The Korean Society of Law and Medicine
• /
• v.9 no.2
• /
• pp.77-107
• /
• 2008

In Republic of Chaina (Taiwan), Natural Death Act named "Anning Huauhe Yiliao Tiaoli" which means palliative and hospice care act was enacted in year of 2000. And enforced in the same year. Many scholars say that Taiwan's Act took Many U.S.A.'s acts such as 'Federal Patient Self-Determination Act 1990', 'California Natural Death Act 1976' and 'Washington Natural Death Act 1979' for a model. Taiwan's Act adopts a few outstanding systems - 'advance declarations' including 'living will' and 'durable power of attorney for health care', 'family-determination system' for a patient who is in a persistent unconscious state. This paper disusses this Act. 'The content is as follow: 1. A background of legislation. 2. The purpose of legislation. 3. The concept of terms. 4. Patient's self-determination. 5. Subrogated determination by family. 6. Keeping documents. 7. Punitive provision. 8. The relationship with euthanasia. 9. Controversial issues.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.11 no.2
• /
• pp.651-657
• /
• 2010

Even though local governments are committed to the landscape management aiming to enhance the quality of the urban and natural landscape, the results are not satisfactory since the landscape plan is performed through the "routine" process, on which the planning system is based. Many local governments had spent much in making their landscape plans, but these plans were evaluated not so much "useful" in the practical sense. The objective of the study, which aims to systematically readjust the existing landscape management system of Korea, is to analyse the landscape plans of the few local governments, which are categorized in two level - upper and low local government. The analysis of landscape plan is performed in terms of four factors: The composed structure, the objects of the plan, the effectiveness of the landscapeindicators and guidelines and the institutional system.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.27 no.4
• /
• pp.281-299
• /
• 2016

The study aims to discuss various issues on administrative information dissemination of local governments based on analysis of local legislations related to freedom of information. As a theoretical study, it reviews a history and significance of the administrative information dissemination. Furthermore, this study analyzes articles related to administrative information dissemination which are defined by local legislations. As a result, firstly, it confirms that there are a number of cases which those articles are inadequate. Secondly, this study classifies articles related to administrative information dissemination into five types, including the A type which separately contains two different administrative information dissemination contents to the D type which only describes management aspects of administrative information dissemination, and the E type which does not define any articles related to administrative information dissemination.

• Journal of the Korean Society for Library and Information Science
• /
• v.48 no.3
• /
• pp.381-410
• /
• 2014

This study aims to discuss issues related to small libraries by analyzing laws and municipal ordinances. It conducts an extensive literature review on the history and present conditions of small libraries and explores the characteristics of small libraries as a social movement. Based on the analysis of the Libraries Act, the legal status of small libraries are argued and other related regulation are also discussed. 114 municipal regulations which are related to small libraries are analyzed into five categories including general conditions, related laws, definitions, facilities, and workforce. As a result, the alternative strategies for legal issues on small libraries are provided in the three different aspects.

• Journal of the Korean Society for Library and Information Science
• /
• v.46 no.2
• /
• pp.281-300
• /
• 2012

This study suggests the basic data of the establishment and revision of local laws and regulations by analyzing the status and content of local laws and regulations related to public libraries focusing on Daejeon Metropolitan City. For this purpose, first, this study investigates the theoretical background of the type, nature, and procedure of establishing local laws and regulations. Secondly, this study analyzes the content of local laws and regulations related to public libraries classified into three parts, that is, metropolitan governments, local governments and school districts. Finally, this study points out the problems and solutions in relation to the structure of administration, the rank and position of library directors, and the organizations of public libraries.

• Journal of the Korean Association of Geographic Information Studies
• /
• v.11 no.4
• /
• pp.172-181
• /
• 2008

Life of building repeats removal and new construction continuously because it is limited like living things. But, because the physical standard is subjective and abstract, saying too much is not even though it had been influenced by policy decision of the government. To solve these problem clear data about superannuation degree of building after construction accordingly decision relationship necessity continuously rise. To above background, this study on the Constructing Database Based and Improvement of Old Building using GIS in Busan. The results are as following. First, presented necessity of knowledge information gap mitigation. Second, present Busan's ordinance detailed Contents of old-badness building and production-consequences.

• Korean Journal of Social Welfare
• /
• v.68 no.4
• /
• pp.119-141
• /
• 2016

This study analyzed on the basis of the norms and experience the Seongnam youth dividend ordinance. Youth dividend pros in the normative dimension to understand in order to achieve social justice. Further, youth dividend can replace the existing policy. On the other hand, the opposite of youth dividend is pointed out that the policy is ambiguous without morally justifiable. Also it has been pointed out inefficiencies means. Youth dividend Pros empirical dimension is a social considerations measures, there is a need for innovation by the failure of existing measures. On the other hand, youth dividend opposed to target efficiency is low, and that the problem is often to the contents of the salary. Because both sides are too contrast, consensus is difficult, can be political point of view is a significant impact. The basic income is a new thought experiment for human self-realization. Therefore, the production social welfare policy personality is a different policy science. That is, it is a long-term care social policy that requires a holistic life support. In addition, a non-empirical policy that requires a material support for the substantial freedom. Therefore, it is necessary to understand the philosophical meaning than scientific evaluation of traditional policy aiming to realize autonomous life. Therefore, radio waves of basic income through the welfare politics and exercise is still important strategy.