• 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.

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

• Informatization Policy
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• v.28 no.3
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• pp.73-94
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• 2021

This study aimed to analyze the minutes of the Legislation and Judiciary Committee, one of the standing committees of the Korean National Assembly, by applying the WORDFISH algorithm of automated text analysis to estimate the pattern of changes in the ideological orientation of the members of Korea's political elite. The results of the analysis showed that the Legislation and Judiciary Committee generally undergoes changes in ideological orientation around the time of a major administrative change, especially during the period preceding a change up to the time of its implementation. Compared with the United States, where changes in the ideological orientation of the political elite occur simultaneously based on parties, changes in that of the political elite at the Korean National Assembly tend to occur in response to a certain transitional point in time or a change in the ruling government. What is especially noteworthy in terms of the ideological orientation reflected in the minutes of the Legislative Judiciary Committee is that the microscopic effect tends to disappear when the macroscopic effect occurs and, conversely, that the microscopic effect emerges once the macroscopic effect has disappeared. In other words, changes in the ideological orientation of the political elite appear to indicate the effect of a particular legislator's individual characteristics when no effect is observed during a given term or year of the National Assembly, whereas they revealed the effect of a given time itself when no effects related with the individual characteristics of a legislator are discerned.

• Journal of the Korean Association of Geographic Information Studies
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• v.14 no.4
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• pp.208-220
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• 2011

Korean traditional practice that gets a gravesite for burial and reckless grave establishment not only obstructs systematic national land management and reasonable urban development, but also causes a serious factor which has a harmful effect on natural environment and residential space in reality that our country is limited in area and national and social bases for use and establishment of graves are still inadequite. Though government and local governments have tried to cope with these problems by enacting legislation on funeral and others and so forth, they still have a variety of problems due to the shortage of grave management systems and information of accumulated individual graves. This study describes about the development of a GIS-based grave management system for making administrative management for individual cemeteries the prime object. As a result of application to a pilot area, the system developed in this study was able to be applied for supporting the time-limited burial system and managing cemeteries for those who left no relatives behind by constructing the database with grave-related position/attribute information which are collected by administrative system or direct survey. In addition, it is expected that this system will be utilized as a systematic management method that can be handed down the present or the future descendants under the tradition of the family-oriented funeral culture.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.235-251
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• 2005

German working hour law of 1994(Arbeitszeitgesetz) provides maximum working hour as 8 hours a day and 48 hours per week. The law provides that minimum 11 hours rest-time is required between the end of a day's work and the beginning of the next day's work. Namely, the hour that the workers are put under commanding of the user is restricted within 13 hours per day. In the meantime, article 5, 7, 14, and 15 of the law have some letting the exceptional provisions regarding the working hour and rest-time of flight crew, and 2nd administrative order for the aviation transportation business owner, which is established based on such exceptional provisions(2.DV LuftBO), provides the working hour and rest-time of flight crew quite in detail. The administrative order is detailed quite regarding block time, flight working hour, and rest-time. So, it does not need to interpret additionally. Airlines in Korea should observe the both Labor Standard Act applying to general workers and Aviation Act focused on flight crew, so it is difficult that airlines manages working hour and rest-time of the flight crew efficiently. Therefore, it is desirable that our country refers to and considers adopting this legislation method of Germany which regulates working hour and rest-time of flight crew in detail in the 2.DV LuftBO.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.207-229
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• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

• Korean Journal of Comparative Education
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• v.28 no.3
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• pp.161-183
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• 2018

The purpose of this thesis is to study the Korea's Education Foundation Act and Japan's Education Foundation Act in a comparative way. The frame of comparison consists of three dimension: syntax analysis, way of legal conceptualization, and the educational climate and institutionalization. Major findings are as following: 1. Legal subjectives are clear in Korea but not clear in Japan 2. Civil relationship rules Korean education while public legal order rules Japanese education. 3. Partnership rules Korean education while administrative initiative rules Japanese education. 4. Curricular mandate is given to teachers in Korean education while to administrative hierarchy in Japanese education. 5. Public nature of schools means public credential in Korean education while public monopoly in Japanese education. 6. Professionalism is adopted for Korean teachers while missionary perspective adopted for Japanese teachers. 7. Korean education is expected to be secular while Japanese education is expected to reconcile with the traditional religious belief in Japan 8. Develop education still strongly orients the Korean education while education for sustainable development the Japanese education In summary, civil law frame is adopted in Korean education while in Japan public law frame is adopted in legalizing their Education Foundation Act. National climate influenced the education legislation in the two countries. Japan has strong missionary climate while Korea has secular perspective to education. Thess differences colored the way of literary expression in the legal text of the Education Foundation Act in the two countries.

• Proceedings of the Korea Water Resources Association Conference
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• 2015.05a
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• pp.228-228
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• 2015

Water reuse plays significant role in water saving and water environmental protection, and it helps alleviate the shortage of water resources. China's water reuse was put into practice since 1980s by means of pilot and promotion in National Fifth-year Plan and other strategies. The effects of water reuse is beneficial in both economic, social and environmental aspects. But some shortcomings still undermine future development of water reuse in China. To overcome and boost water reuse, Ministry of Water Resources conducted a successive survey across China. The aim of this study is to demonstrate the current condition of water reuse in China in construction, funds, legislation, planning, policy aspects, to summarize problems and its reasons underneath, to make suggestions for further development. Basically, in 2010, China's water reuse is 2.83 billion cubic meters and the utilization rate is 10.35%. Water reuse in China has four major characteristics: the first one is water reuse differences in amount occur national-widely and North of China has the main percentage as 47.3%; the second one is water reuse is mainly in environment maintenance (42.1%) and industry cooling (29.8%); the third one is funds for water reuse station and pipe construction is main in non-fiscal budget which take percentage as 56.8%; the fourth one is progresses of administrative system, political system, price management, standard system and technologies go rapidly recently. The problems of water reuse such as lack in water reuse station, delay in pipe constriction and limits on water reuse amount still exist due to some reasons. As a think tank of Ministry of Water Resources, we give some suggestions: firstly, water reuse needs to be integrated with traditional water resources allocation; secondly, public budgets need to be strengthened and income mechanism should also be constructed; thirdly, water resources integrated administrative of city and county should be boosted and roles as water reuse need to be clear and precise; fourthly, national, provincial and regional water reuse planning should be made in time; fifthly, regulations on water reuse should be programmed as soon as possible.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.459-462
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• 2021

The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

• Journal of the Korea Society of Computer and Information
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• v.25 no.3
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• pp.219-227
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• 2020

It is expected that Korea will be entering with super aged society with its rapid changing to aging society compare to other developed countries. Such phenomenon is recognized from a long time ago and government has enacted Elderly Long Term Convalescence Insurance Regulation back in 1999. However, different from its actual purpose, there are many problems and improvements to be made, leading to legislative revision for several times. Still, it is left with many issues. This is one example showing there has been a continuous problem with elderly long term convalescence insurance system. Even this system in Germany which have started 4 years before us is to continuously revising regulation by raising issues to make strong structure for elderly welfare and long term convalescence, aiming to enhance life of elderly people by providing detailed standard for convalescence. Elderly related legal systematization may not enhance their welfare service or daily life right away. However, if details in regulation and its theory is systematically arranged, this will greatly reduce administrative confusion as well as increasing understanding and use of this system for the nation.