• Journal of Korea Fair Competition Federation
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• no.108
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• pp.14-24
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• 2004

시정조치는 구체적(具體的)인 사실에 대한 법집행으로서의 행정처분으로서 구체적인 성격을 가져야 하는 것이므로, 단순히 추상적(추상적)인 법을 선언하는 내용의 시정조치는 시정조치로서의 적격(적격)을 가지고 있다고 할 수 없으며, 근거법규에서 ''위반할 우려가 있는 경우''도 시정조치를 할 수 있도록 규정하고 있는 경우가 아닌 한, 공정위에게 예방적 목적의 시정조치를 할 권한은 없다고 할 것이다. 그러나 공정거래법상의 ''기타 필요한 조치''란 공정위에게 재량적권이 주어진 것으로서, 구체적으로 어떠한 형태의 조치가 시정조치로서 허용될 것인가 여부는 국민의 기본권, 헌법상의 경제질서 등을 기초로 하여 적법$\cdot$타당한 재량판단에 의하여 결정되어야 할 것이고, 궁극적으로 법원과 헌법재판소에 의하여 그 한계가 결정될 성질의 것이다.

• Journal of Digital Convergence
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• v.12 no.3
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• pp.79-87
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• 2014

Universalism and selectivism about welfare polices are a point at issue that is being discussed consistently. This issue is mainly discussed as the object of political selection because the selection of welfare polices are thought of discretionary powers. But welfare policies are issue of the constitutional value order. Therefore studies are need in this viewpoint. Accordingly this paper studied the aim of welfare policies to be based of social state ideology. Therefore this paper found the adequacy of selective universalism. Furthermore, This paper shows a distinguishing standard to select the welfare policies in selective universalism.

• The Journal of the Korea Contents Association
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• v.16 no.6
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• pp.405-415
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• 2016

According to Article 82 of the Constitution of the Republic of Korea, the Prime Minister and the members of the State Council should countersign to assist the President's legal behavior. It has important implications to the members of the State Council for sharing responsibilities with the President. However, the 'related' State Councilor's countersignature by the Minister of Interior(MOI) for non-State member agencies have been operating as a ritual, since the Government Organization Act describes that non-specific affairs belongs to the MOI in accordance with Article 34, paragraph 2. This paper is to promote the department standard operating by the Presidential Decree. Its main idea is to categorize non-State Councilor agencies with most closely related to members of the State Council. I suggest to make a portfolio such as Australian Federal Government in Korea. It can be made easily in accordance with each agency's rights and responsibilities written in the Acts. That's the turning point to improve effectiveness of the related State councilor's countersignature by the constitution to the President's legal activity joint accountability with the Prime Minister.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• Korean Journal of Construction Engineering and Management
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• v.20 no.5
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• pp.61-71
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• 2019

In this study, the constitutional basis of public concept of land and concept of development gains are confirmed, and justification of the development charges system through the precedent of the Constitutional Court is investigated, and suggestions for improvement of fairness and reliability of development charges calculation are proposed. First, it is necessary to develop a system for estimating the development charges for securing transparency of the development charges system, preventing speculative development projects, and streamlining administrative efficiency. Second, it is necessary to prevent bad calculation by institutionalizing the responsibilities of experts to construct specification of the development cost calculation sheet submitted by taxpayers. Third, in order to precisely calculate the development cost, basic data should be specified in conditions for approval from the time of granting permission, or it should be minutely described in development charge treatment regulations.

• Journal of the Korea Society of Computer and Information
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• v.26 no.2
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• pp.141-150
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• 2021

Article 117, Paragraph 1 of the 「Constitution」 states that "Local governments may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes". It restricts the enactment of effective self-government laws. The fundamental problem-solving is securing the right to self-governing legislation through constitutional amendment. Therefore, it must be revised to "Local governments can make regulations on self-government to the extent that they handle resident welfare affairs in accordance with the subsidiarity and do not violate the law." In the long-term perspective, the current education council problem, which is contrary to the constitution, has to be revived as a constitutional independent education committee system, and the voting agency and the executive agency must go together and education councilors must have about 10 years of experience in education and education administration. The current superintendent's election system is of great significance in establishing democratic legitimacy by ensuring residents' right to vote and securing a superintendent's representation of residents. It hasn't been long since the system was implemented, but there are some side effects and it is argued that the election system should be replaced by the appointment by the head of the local government, the running mate system or the joint registration system. However it is thought that it is necessary to minimize and supplement the side effects rather than fixing the system as it violates the Constitution of the local education autonomy system.

• The Journal of the Convergence on Culture Technology
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• v.5 no.1
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• pp.119-125
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• 2019

Traditionally, the definition of a republic in the constitutional sciences has remained passive, identifying whether or not a king exists. However, this is not an accurate understanding. Reinterpreting the meaning of the Republic at this point is expected to play a role in easing the side effects of neo-liberalism. It is more important than anything to establish a concrete picture of what a republic is in reinterpretating its meaning. Therefore, the main content of this paper is to clarify it by presenting requirements for the Republic.

• The Korean Journal of Archival Studies
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• no.35
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• pp.93-132
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• 2013

It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

• Journal of Digital Convergence
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• v.14 no.5
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• pp.507-517
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• 2016

Social obligation of a nation must be assigned to the people, legally belong to the nation. The Republic of Korea assigns a social obligation to the Koreans, the Military Service which is regulated by the Constitution of the Republic of Korea and the Military Service Law of Korea. However, behind the law, a serious discussion, the rationality and equity, is possibly discovered from the reality of the military service system against athletes of Korea. The purpose of this study was to analyze the military service system against athletes of Korea based on the Constitution of Republic of Korea and the Military Service Law of Korea. Three proposals, prohibit duplicated benefits of athletes, military service evasion after care system and keeping the military and police sport organization as nonprofessional, to recover the institutional problems regarding the equity and rationality were suggested in the end of this research. With the results, this research hopefully contribute to the development of sport law, fundamental obligation with sports and the military service system on athletes in Korea.

• The Korean Journal of Archival Studies
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• no.56
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• pp.5-48
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• 2018

The main factors for successful records management are the organization and human resources, and the responsibilities and authority that are assigned to them. Therefore, the innovation of public records management should include i) redefining the role of records management institutions to meet the requirements of professional standards, ii) improving organizational setup and staffing policies, and eliminating the legal obstacles. This paper aims to suggest the innovation tasks above areas for strengthening the expertise of each type of public records institution. The tasks are presented in four categories, such as the records centers, local archives, institutional archives of legislative body and Judicial authorities, and professionalism and ethics. Based on parts of the Public Records Management Innovation TF(2017.9-2017.12) report, it is rearranged considering the pending issues and reflecting the opinions of the record managers in public sectors to reinforce the basis for setting the tasks.