• Title/Summary/Keyword: Basic Act

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Research on the Legislation theory of the Fundamental ADR Act (ADR기본법의 입법론에 관한 연구)

  • 김상찬
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.157-179
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    • 2004
  • Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

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A Study of Debates on and Enforcement of the National Basic Livelihood Act (국민기초생활보장법 제정의 쟁점과 운영방안에 관한 연구)

  • Moon, Jin-Young
    • Korean Journal of Social Welfare
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    • v.38
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    • pp.100-125
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    • 1999
  • As economic crisis has deepened mass unemployment and widespread destitution since the end of 1997, the Korean society is now underway of social disorganisation. It is thus widely accepted that National Basic Livelihood Programme, which reformed the existing public assistance programme, is urgently needed to relieve low-income families from extreme poverty. It is in this regard that this paper purports to review the debates on, and to suggest the feasible schemes for the National Basic Livelihood Programme. For this purpose, chapter two critically reviews government's comprehensive counter-measures against mass unemployment, and chapter three examines main points of the National Basic Livelihood Act. Chapter four compares "programme-centrad approach" and "basic living approach", and duly suggests feasible schemes for the National Basic Livelihood Programme.

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History and Law of Child-care in Korea (한국 보육의 역사 및 관련법과 현황)

  • Cho, Bok Hee;Kang, Hee Kyung;Kim, Yang Eun;Han, You Me
    • Korean Journal of Childcare and Education
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    • v.9 no.5
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    • pp.381-405
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    • 2013
  • This study aims to prepare basic resources for the development of child-care by figuring out the main characteristics of child-care history, laws, and current status in Korea. First of all, in the section of child-care history, the overall trend of child-care affaires were examined by classifying it into stage 1-Child Welfare Act, stage 2-Early Childhood Education Promotion Act, stage 3-Initial Period of Child-Care Act and stage 4-Complete Revision of Child-Care Act. Second, as for child-care related laws, basic laws such as Infant and Child-Care Act, and related laws such as Early Childhood Education Act and Child Welfare Act and other related laws such as Equal Employment Opportunity and Work Family Balance Assistance Act, act on Support for Disabled Children's Welfare and Social Welfare Services Act, the information related to child-care was specified. Third, as for current status of child-care, general status, status of child-care centers and children, and types of child-care centers were examined respectively.

The Necessity and Structural Framework of Tentative Draft of "Act on Family Welfare" ((가칭)가정복지기본법 시안 작성의 필요성과 구성체계)

  • 송혜림;최연실;김난도
    • Journal of the Korean Home Economics Association
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    • v.39 no.10
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    • pp.69-81
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    • 2001
  • This study focused on the necessity and structural framework of tentative draft of "Act on Family Welfare". The background of this study started from the necessity that we need a holistic family welfare system to enhance the family function. The suggested act of family welfare is consisted on 4 parts, General Provisions, Arrangements of Basic Plan and Policy, Organizations and Facilities for Family Wefare and certified Personnel.

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Study on the Trend for Changing Civil Aviation Law in Korea (국내 항공법 체계 개정 방안 - 외국의 항공법 체계와의 비교를 중심으로 -)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.55-96
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    • 2004
  • The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.

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A Study on the Revision Process of the National Basic Livelihood Security Act Focusing on Customized Benefits (국민기초생활보장법의 개정과정 연구: 맞춤형급여를 중심으로)

  • Nam, Eun-hee;Park, Yun-yung;Kim, Woo-hyun
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.631-640
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    • 2021
  • The purpose of this study focuses on and explain the policy-determining factors that emerged in the process of revising customized wages for the National Basic Livelihood Security Act on December 30, 2014. This is an analysis of the reasons why the rapid revision of the welfare system could have been made at a certain time in a situation that did not progress despite the specific demand for revision of the law surrounding the blind spot. To this end, using Kingdon's policy flow model, which emphasizes the contingency of policy decisions, the flow of problems, political flows, and policy alternatives were reviewed respectively. In the course of each of these flows, the suicide incident of mother and 2 daughters in Songpa served as a major medium that played a large role in the policy-making process and the window of policy could be opened. As a result, This incident triggered social and policy interest in the issue of the National Basic Livelihood Security Act. It was found that the law was revised quickly, causing a great wave of waves as a social issue.

The Trends and Reality of Korean National Information Policy (한국정보정책의 방향과 실제)

  • 김영삼
    • Journal of Korea Technology Innovation Society
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    • v.1 no.1
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    • pp.23-36
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    • 1998
  • The 1995 Informatization Promotion Act was passed to advance the national quality of life and to develop national economy by promoting informatization, forming the ground of telecommunication industry, and realizing the advancement of telecommunication infrastructure. This article was written to review whether this act's purpose was being achieved by Korean government. Even if Korean informatization policy implemetation structure is strongly centralized around the Ministry of Information and Communication, Information policies are formulated and implemented among agencies. To explain this phenomenon, I suggested the following factors : (1) The Korean government's lack of informatization experiences, (2) The political abuse of information policy, (3) the conceptual rigidity on the structure of information superhighway, (4) the absence of the basic principles for electronic government, (5) the uniformed regional informatization.

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A discussion on the water management organization of the Korean government in the era of one water management (물관리일원화 시대를 맞이한 정부의 물관리 조직에 관한 논의)

  • Koo, Jayong
    • Journal of Korean Society of Water and Wastewater
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    • v.33 no.1
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    • pp.1-8
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    • 2019
  • In this paper, the current water management organization of the Korean government and those of foreign countries were analyzed to draw out a plan to build a more rational water management organization. And then, the two organization reform alternatives were discussed on which alternatives can effectively manage the water. Through the analysis, deployment of three divisions including the water policy, the wastewater policy and the division of water industries and business are the best alternative in terms of water equality, sustainability and efficiency, which are the three main goals of the new Water Management Act, Water Management Basic Act. With much efforts, the Korea has come to the era of One Water Management. The water management paradigm proposed in this opinion is expected to become a new engine of economical growth of the nation.

A Study on Unification of Legislation related to Private Security (한국 민간경비 관련법제 단일화 논의 - 경비업법과 청원경찰법을 중심으로)

  • Lee, Min hyung;Kang, Kyung soo;Kim, Jin hwan
    • Journal of the Society of Disaster Information
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    • v.4 no.1
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    • pp.70-83
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    • 2008
  • The basic legislations regulating the private security in Korea are Private Security Business Act and Private Policeman Act. But this dualistic system of private security causes difficulties in unity and efficiency of private security operation and makes it complicated to supervise each personnel with effect. Besides despite similar service and duty, there is all the difference between private security guard and private policeman in regard of social position, pay, authority, and so on. Therefore it is suggested that the two Acts should be unified and the united private security act should be enacted. Legislating new private security act will lead to considering the detail legislative definition on qualification of personnels and business range.

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Significance and Challenges of the 4th Full Revision of the Fisheries Act (제4차 「수산업법」 전부개정의 의의와 과제)

  • Yong-Min Shin; Gyeo-Woon Jeong
    • The Journal of Fisheries Business Administration
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    • v.54 no.4
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    • pp.1-18
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    • 2023
  • This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.