• Title/Summary/Keyword: Administrative system

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Improve the Administrative Death Investigation System (행정검시제도 개선방안)

  • Kim, Heon-Jin
    • The Journal of the Korea Contents Association
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    • v.12 no.2
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    • pp.276-283
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    • 2012
  • Current Administrative Death investigation system is have many problems. Almost local governor don't exercise about administrative death investigation authority. Thus, prosecutors have to many decisions about judicial death investigation authority. Consequently, these vicious cycle is repeated. There is not clear regulations about scope for judicial death investigation. Discussed in this paper improve the Administrative Death investigation system are as follows : First, the uniform act of death investigation is have to legislated. Second, the scope for death investigation is clearly legalized. Medical examiner is must administrative death investigation according to the law. Also prosecutor can order to judicial autopsy to medic examiner. Third, Administrative Death investigation rules should be clarified. Introduce a Medical Examiner System Korean Administrative Death Investigation system centered on prosecutor and judicature who are not a specialist in pathology or forensic medicine. Lacking in professional understanding cause less accuracy of Administrative Death Investigation. To overcome limitations and problems of our Administrative Death Investigation system is suggested to introduce a Medical Examiner system.

Problems of administrative area system in Korea and reforming direction (한국 행정구역체계의 문제점과 개편의 방향)

  • ;Yim, Seok-Hoi
    • Journal of the Korean Geographical Society
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    • v.29 no.1
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    • pp.65-83
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    • 1994
  • Sevaral problems of administrative area sysem in Korea have been brought up for a long time. Because its frame has remained since Chosun and Japanese colonial period in spite of changing local administrative environment in accordance with rapid industrialization and urbanization. Recent reform of city (Shi)- county (Gun) integration is derived from this argument. But problems which permeate deeply overall system cannot be solved by partial reorganization of Shi-Gun. They may be rationalized only through the reform of the whole system. The aims of this study are to analyze problems of administrative area system entirelr and to discuss the direction of its reform from that point of view. Major problems of administrative area system are summed up into the followings. Firstly, it is found that administrative hierarchies are too many levels. Contemporary administrative hierarchical structure is 4 levels: regional autonomous government (Tukpyolshi, Jik'halshi, Do), local autonomous government (Shi, Gun), two leveis of auxiliary administrative area (Up, Myun and Ri). These hierarchies were established in late period of Chosun which transportation was undeveloped and residential activity space was confined. But today developing transportion and expanding sphere of life don't need administrative hierarchical structurl with many levels. Besides developing administrative technology reduces administrative space by degrees. Many levels of contemporary administrative hierarchical structure are main factor of administrative inefficency, discording with settlement system. Second problem is that Tukpyolshi and Jik'halshi - cities under direct control of the central government as metropolitan area - underbounded cities. Underbounded city discomforts residential life and increases external elects of local pulic services. Especially this problem is Seoul, Pusan and Daegu. Third problem is that Do-areas are mostly two larger in integrating into single sphere of life. In fact each of them consistes of two or three sphere of life. Fourth Problem is metropolitan government system that central city is seperated from complementary area, i.e. Do. It brings about weakening the economic force of Do. Fifth problem is that several cities divided single sphere of life. It is main factor of finantial inefficency and facing difficult regional administration. Finally necessity of rural parish (Myun.) is diminished gradually with higher order center oriented activty of rural residents. First of all administrative area system should corresponds with substantial sphere of life in order to solve these problems. Followings are some key directions this study proposes on the reform of administrative area system from that standpoint. 1. Principles of reorgnization -- integration of central dty with complementary area. -- correspondence of administrative hierarchical structure with settlement system. -- correspondence of boundary of administrative area with sphere of life. 2. Reform strategy -- Jik'halshi is integrated with Do and is under the contol of Do. -- Small Seoul shi (city) which have special functions as captal is demarcated in Seoul tukpyolshi and 22 autonomous distrcts of Seoul tukpyolshi is integrated into 3-4 cities. -- Neighboring cities (Shies) in single sphere of life are intrgrated into single city (Shj). -- Myun and Ri are abolished in rural region and new unit of local administrative area on the basis of lowest order sphere of life into which 3-4 Ries are integrated replaces them.

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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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The Reform of the National Records Management System and Change of Administrative System in Korean Government from 1948 to 1964 (한국정부 수립 이후 행정체제의 변동과 국가기록관리체제의 개편(1948년~64년))

  • Lee, Sang-Hun
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.169-246
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    • 2009
  • The national records management system of the Korean Government has been developed in a close relationship with changes in the administrative system. The national records management system established immediately after the establishment of the Korean Government, began to be reformed as a system with a new feature during the quick transition of the administrative system during the early 1960s. Particularly this new system holds an important meaning in that it began to cope with the mass production system of records and was established on the government level for the first time since the establishment of the government. Also this was a basic framework that defined the records management pattern of the Korean Government for the later 40 years. Therefore, this study aims to identify the origin and the meaning of the national records management system established during the early 1960s. At the time of establishing the government, the administrative system of the Korean Government was not completely free from the framework of the administrative system of the Chosen General Government. This was mainly because the Korean Government had no capability to renovate the administrative system. This was not an exception also for the national records management system. In other words, the forms and preparation methods of official document, an official document management process, and the classification and appraisal system used the records management system of the Chosen General Government without any alteration. Main factors that brought about the reform of the national records management system as well as the change in the Korean administrative system during the early 1960s, were being created in Korean society, starting from the mid 1950s. This resulted from the growth of Korean Army, public officers, and students of administrative science as being the intrinsic elites of Korean society through their respective experience of the US administration. In particular, the reform of the creation, classification, filing, transfer, and preservation system shown during the introduction of a scientific management system of the US Army in the Korean Army was a meaningful change given the historic developing process of Korean records management system history. This change had a decisive effect on the reform of the national records management system during the early 1960s. As the Korean Army, public officers, and students of administrative science, who had posted growth beginning in the mid-1950s, emerged as administrative elites during the early 1960s, the administrative system of the Korean Government brought about a change, which was different from the past in terms of its quality, and the modernization work of documentary administration pursued during the period, became extended to the reform of the national records management system. Then, the direction of reform was 'the efficient and effective control' over records based on scientific management, which was advanced through the medium of the work that accommodate the US office management system and a decimal filing system to Korean administrative circumstances. Consequently, Various official document forms, standards, and the gist of process were improved and standardized, and the appraisal system based on the function-based classification were unified on the government level by introducing a decimal filing system.

A Study on the Reform Plan of the Public Library Administrative System in Korea (공공도서관 행정체계 개편방안 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.43 no.3
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    • pp.5-29
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    • 2009
  • The purpose of this study is to diagnose the changes, complexity and ill effects of the public library administrative system in Korea, to analyze its previous research and improvement issues, and to suggest reform plans and subsequent action. To do so, the author has proposed a unification model for the library administrative system, the library status in the local administrative organization, and the library management plan of the local government. And the author has suggested various subsequent actions for the unification of the library administrative system, that is, the transfer of property, relief of the financial burden, removal of the disadvantages caused by the status change, adjustment of the library director's position, improving the personnel system of librarianship, and amendments to the relevant laws and regulations.

Construction of New Administrative Capital and Urban Dynamics Analyses (신행정수도의 건설과 도시동태성 분석)

  • 이만형;최남희
    • Korean System Dynamics Review
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    • v.4 no.1
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    • pp.69-91
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    • 2003
  • Using qualitative methods hinged on urban dynamics models, the paper addresses major issues concerned with new administrative capital construction. It tries to summarize the existing debates on new administrative capital construction and reinterpret diverse interacting factors in terms of reinforcing or balancing feedback structure. The paper suggests that understanding up on the dynamic mechanism imbedded in circular causal loop diagrams is the key to set up appropriate proposals and action plans for the new administrative capital, as they would reveal complicated linkages between the Capital Region and the rest, in addition to the urban dynamic of new administrative capital. In the same context, the paper can confirm similar features reflected in the relocation of capital functions at Canberra, Australia and Berlin, Germany. It has paid special attention to the fact that both Australian and German governments altogether stress the positive feedback loops as they have overcome unprecedented political confrontation among rival cities: Basically, they have encouraged gives-and-takes among major stake-holders. These research findings indicate that the future of new administrative capital construction depends on consensus buildings that can accommodate socio-economic and territorial changes between pros and cons. Although further researches and validations are needed, the system approach presented in this paper could assist Korean decision-makers in developing robust and responsive policy initiatives under uncertainties.

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Promotion Plans for the Maeul-mandeulgi Supporting System in Korea - Focusing on the Comparative Analysis of the systems in Korea and Japan - (국내의 마을만들기 지원제도 활성화방안에 관한 연구 - 한국과 일본의 제도 비교분석을 중심으로 -)

  • Lee, Joo-Hun;Chae, Chan-Hwan
    • Journal of the Korean Institute of Rural Architecture
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    • v.14 no.1
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    • pp.29-36
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    • 2012
  • This study compares and analyzes the supporting system used in Korea and Japan to facilitate the development of maeul-mandeulgi supporting systems. And the results of comparison and analysis are as follows: First, it needs to establish the separate legal system in the city planning system and to enact the local more local autonomous ordinances to complementarily connect with the administrative system. Second, an exclusive department should be organized under direct control of the local government head. Third, the maeul-mandeulgi support center should hire the full-time employees including the experts and civil officials who are not relevant with administrative works, and the local administrative organization should lead the operation of this center while strengthening the functionality of the center to be suitable with the local situations. Fourth, it is necessary to diversify the way to proceed with the maeul-mandeulgi project, and to look for a source of financial resource instead of depending on the budget of the administrative organizations.

A Study on the Improvement of Prior Environmental Review System(PERS) in a Administrative Plan & Program Including a Small-Scale Development - Focus on Hot Spring Hole Wildness - (소규모 개발이 수반되는 행정계획 사전환경성검토 발전방안에 관한 연구 - 온천공보호구역을 중심으로 -)

  • Kim, Jeong-Hyun;Kim, Im-Soon;Han, Sang-Wook
    • Journal of Environmental Impact Assessment
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    • v.17 no.3
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    • pp.167-176
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    • 2008
  • Korea has made the rapid economical development under the condition with the high population density and low available land. In this context, conservation of land environment, connected directly with living quality of human, has mostly ignored. Prior Environment Review System(PERS) is the one to investigate the locational validity, environmental impacts, harmony with surrounding environment, from the early stage of administrative plan or development project. PERS was amended to include SEA(Strategic Environment Assessment) system on June 1, 2006. But, several problems, including the loss of administrative ability, cost, and time, have been appeared, since the system is applied to all administrative plans without any distinction and plans or projects are delayed generally. In this study, the weaknesses of PERS were indicated through the comprehensive analysis including literature survey, study of legal and internet database, and the recently published PERS reports. Based on that, the improvement schemes were suggested to be harmonized with the nature of SEA. This study was mainly focused on a PERS for the designation of conservational area of hot-spring wells, conducted by authors.

Comparative Analysis of Maritime Safety Administrative System in the APEC Region

  • Chang, Hak-Bong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.8 no.1
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    • pp.109-125
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    • 2002
  • This paper has dealt with the efficiency of maritime safety administrative system in the APEC region. under the hypothesis that officient maritime safety and marine environment. Many factors affect administrative structures, which generate various types of administration. The factors include social, economical and political factors. Further, the addition of historical factors to these factors makes it tougher to draw out an optimal model for maritime safety administration. In this regard, the result of this study will be within the extent of volition capable of accepting it under the existing maritime safety administration system. The result of the study to help APEC member states(economies) to compare their own system with those of other economies and finally to help to improve their maritime safety administrative structure for safer shipping.

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Normative Legal Aspects of Information Support for the Provision of Administrative Services in the Field of Public Administration

  • Radanovych, Nataliia;Kaplenko, Halyna;Burak, Volodymyr;Hirnyk, Oksana;Havryliuk, Yuliia
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.244-250
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    • 2022
  • Reforming social relations requires changing the system of relations between state executive bodies, institutions subordinate to them and a citizen, which is characteristic for most of the country, in which the latter is a petitioner even if his indisputable rights and legitimate interests are satisfied. One of the most important areas of public administration reform is the formation and development of a system of administrative services and appropriate information support. The result of the implementation of this direction should be the creation of such a legal framework and its real implementation in administrative and legal practice, in which consumers of administrative services will have broad rights and powers and will not be passive subjects manipulated by civil servants.Thus, the main task of the study is to analyze the normative legal aspects of information support for the provision of administrative services in the field of public administration. As a result of the study, the main aspects of normative legal aspects of information support for the provision of administrative services in the field of public administration were investigated.