• Title/Summary/Keyword: Change in legislative system

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Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

A Study on the New Legislative Trend of Cybersecurity of U.S.A (미국 사이버보안 입법의 신경향 연구)

  • Park, Sang-Don;Park, Hyun-Dong;Hong, Soon-Jwa
    • Convergence Security Journal
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    • v.11 no.4
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    • pp.19-29
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    • 2011
  • After a change of government and the inauguration of President Barack Obama in 2009, there are various effort to set up a cybersecurity policy which is better than its predecessor. The legislative trend of cybersecurity is the one aspect of that. So we compare the legislative trend of cybersecurity in the Obama era to one in the Bush era and analyze that and find items which is helpful to Korea. It seems that the point of cybersecurity legislation of U.S.A. changes from tougheners of penalties to improvements to implementation system. We can find the implications for Korea From that. Cybersecurity is covered as a problem all over the nation and a security problem. It is necessary for Korea to get ready for new Pax Americana in cybersecurity in advance and to guarantee fundamental human rights.

Political Finance and Party Discourse: Change of the German State Funding System for Parties (정치자금과 정당담론: 독일 국고보조금제도의 변동)

  • Yu, Jin-Sook
    • Korean Journal of Legislative Studies
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    • v.15 no.1
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    • pp.237-260
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    • 2009
  • This article deals with the problem, of wether the change of party discourse influences the change of the political finance system and the change of political finance system again effects the political discourse. The political finance and state funding system for parties in Germany is a product of political debate and conflict from the 1960's to th 1990's. The introduction of the state funding system faced critical public opinion at the beginning, and the German parties have initiated a discourse building process as the initiator role and major actor. The state funding system for parties has changed three times and shows, how the constitutional interpretation became dominant in parliament and the constitutional court, which considers a party as a fundamental and essential institution in a democratic system.

A study of the police legislative system for the disadvantaged (사회적 약자보호를 위한 국가인권보호 활동의 발전방향 -경찰의 치안대책을 중심으로-)

  • Hwang, Hyun-Rak
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.71-86
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    • 2012
  • In the twenty-first century, it tends to deepen rich-poor gap and differences related to geographic location because of characteristic of polarization and diversification. Various social conflict that appear in the twenty-first century preclude independent effort and active of police from responding various public order problem of community The most important thing is widespread participation and cooperation of inhabitant and community in order to cope with various social change like localization, decentralization and democratization. Above all things, as human rights guardian in order to gain nation's trust, the police should induce dynamic change to desirable police which is wanted by nation in the organization. To achieve this, the police must overcome many negative customs and obstacles remaining organization despite endeavor of the police. In this manuscript, for this discussion, we search simply historical process of development, seek conception of the disadvantaged in regard to police duty, analyse the reality of human rights violation of the disadvantaged in execution of police duty through statistics and case study, find the problem and seek proper solution through improvement of the police legislative system.

Understanding the Change of Irregular Worker Protection System as Incremental Institutional Change (점진적 제도변화 이론을 통해서 본 비정규직 보호제도의 이면적 변화)

  • Son, Yeonu
    • Korean Journal of Legislative Studies
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    • v.24 no.3
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    • pp.85-111
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    • 2018
  • This study examines the puzzle of institutional change of irregular worker protection system in Korea through a theory of incremental institutional change. It is the case of "conversion" mode of institutional change that occurs when ambiguous rules permit reinterpretations of rules and regulations for converting functions of institutions into new ones without formal revision. Management sectors with enforcement power have circumvented main rules of high discretion since 2007. In institutional dimension, the extent of irregular workers and the provisions of limit on employment-period and prohibition-correction on discrimination lack sufficient details. In political context, veto possibilities have been downward. Irregular workers were hardly organized independently and two labor union federations mainly composed of regular workers were less receptive to them. Veto possibilities in legislation were also low: the Economic and Social Development Commission ended up in weak labor representation and labor parties in the National Assembly have undergone dissolution.

The Task and View of the National Archive System in the Fourth Industrial Revolution Era: Focused on the Cloud Record Management System (4차 산업혁명 시대의 기록관리 현실과 전망: 클라우드 기록관리시스템 운영을 중심으로)

  • Nam, Kyeong-ho
    • Proceedings of Korean Society of Archives and Records Management
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    • 2019.05a
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    • pp.55-60
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    • 2019
  • The cloud records management system has the following problems. It has not been accompanied by a change in the legislative system and has not been exploited the benefits of cloud technology. In addition, it has not been considered for changes after system construction. To solve this problem, the contents of the Fourth Industrial Revolution should be reflected in the improvement of the legislative system and the long-term development strategy of the national archives system. A fundamental review of the records management system is also required, and in the process of e-government, the National Archives should act as a pan-government records management control tower.

Structural Safety Evaluation System of Existing low-rise Reinforced Concrete Buildings to Remodeling (리모델링을 위한 기존 저층형 철근콘크리트의 안전성 평가 시스템)

  • 김진수;김창은
    • Journal of the Korea Safety Management & Science
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    • v.5 no.3
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    • pp.69-80
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    • 2003
  • This study researched problems of safety inspection method and current legislative system for the structure safety evaluation of Rahmen structure affected by remodeling. The elements of weight increase were examined in terms of differences of load moment, shear force, compressive stress and amount of steel before and after remodeling by structure analysis. The thorough examination for impacts of weight increase is indispensable to change of use or extension.

A Critical Reflection of the Historical Evolution of the Regime 87 (87년체제 역사적 진화과정의 비판적 성찰)

  • Kim, Soojin
    • Korean Journal of Legislative Studies
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    • v.23 no.1
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    • pp.5-36
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    • 2017
  • This paper aims to clarify the characteristics of 'the regime 87', the product of democratic transition of Korea in 1987, and its historical evolution. Through the clarification, this paper expects to provide a discoursive basis for reforming the regime 87 and advancing democracy in Korea. For this purpose, this paper seeks to find Korea within the context of macro-historical change of the world. And then this paper tries to analyze the reason and the process of the birth of the regime 87 and its historical evolution.

A Study on the Recent Change in Korean Legislative System of Marine Environment Related Laws (최근 국내 해양환경법제도의 변화에 관한 고찰)

  • Park, Su-Jin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.13 no.4
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    • pp.43-50
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    • 2007
  • Korea actively endeavors to improve the national marine environmental laws and regulations. Along with the growing global concern on the importance of marine environment, the concern is also increasing nationwide in Korea. These institutional changes in Korea have implications in that it has started to internalize the Sustainable Development Principle and the Precautionary Principle in the form of 'law' and 'policy.' The enactment efforts for conservation and sustainable use of marine environment will continue as the legal demand of public for coastal erosion prevention and climate change mitigation increases. This calls for robust revision for more logical framework and coherence of marine environment laws and regulations as well as efficient implementation of policies. In addition, it is strongly required that the systematical research and survey as well as the robust reversion of laws and policies should be taken accordingly for the effective conservation of marine environment.

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The Task and View of National Archive System in the Fourth Industrial Revolution Era: Cloud Record Management System (4차 산업혁명 시대에서의 국가기록관리 현실과 전망: 클라우드 기록관리시스템 운영을 중심으로)

  • Nam, Kyeong-ho
    • Journal of Korean Society of Archives and Records Management
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    • v.19 no.3
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    • pp.205-222
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    • 2019
  • This study analyzed the problems that occurred while constructing and operating the cloud record management system at the record management workplace and suggested ways to improve the system. In the study, the cloud record management system has the following problems: first, it has not been accompanied by the change in the legislative system. Second, it has not been utilizing the benefits of cloud technology. Third, it has not been considering the changes after the system construction. Given this, the study suggested three improvement plans to solve these problems: first, in relation to the reformed legislative system, the study proposed the diversification of records management units (file-item structure) and the restriction on access to records. Second, the study suggested a system redesign by improving the current work process based on paper documents. Third, to solve records management issues, the study presented the establishment of the governance body and the proactive countermeasure of the National Archives of Korea.