• Title/Summary/Keyword: Constitution of the Republic of Korea

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The Birth of Korea's Democratic Republic Constitution and Confucian Tradition (한국 민주공화국 헌법 이념의 탄생과 유교 전통)

  • Na, Jong-seok
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.147-178
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    • 2018
  • In this thesis, the author elaborates on how acceding to the Eurocentric paradigm-driven dichotomy of the premodern vs. modern engenders a logic bottleneck that debilitates academic efforts to explore the formation of the Korean constitution. Following this logic, the author will add credence to the belief that though the West may have had an influence on the formation of Korean democracy, the institution Korea enjoys today is a result of proactive and self-driven interpretation of those influences through the lens of local tradition. This insight is a prerequisite to understanding the spirit of Korea's First Constitution as a result of Koreans creative translation of Western democracy and Republicanism in the Korean context, and one whose roots lie deep in Confucian Great Harmony Thought. Through this, the thesis aims to offer insight into how Confucian Great Harmony Thought can shed light on the historical background of the spirit of Korea's Constitution.

Research on the Legal Composition and Institutional Systems of The Dao Constitution: Focusing on The Constitution of the Republic of Korea (『도헌』의 법률적 구성과 제도적 장치 연구 - 대한민국헌법을 중심으로 -)

  • Kim, Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.40
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    • pp.77-114
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    • 2022
  • The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

A study on the Improving Effectiveness of the related State Councilor's Countersignature by the Constitution (헌법상 국무위원 부서(副署)제도의 개선방안 연구)

  • Kim, Myungshik
    • 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.

A Comparative Study on Physique and Health status of Elementary School Children between Ethnic Koreans in the People's Republic of China and Kojae Area in Korea (중국 연변지역 조선족 아동의 보건의료 및 건강상태 비교 - 한국 경남 거제지역과의 비교 -)

  • Nam, Eun-Woo;Lee, Kyu-Sik;Li, Zhao-Cheng;Ryu, Hwang-Gun;Bae, Sung-Kwon;Park, Kum-Ok
    • Journal of agricultural medicine and community health
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    • v.21 no.1
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    • pp.21-45
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    • 1996
  • The purpose of this study is to compare the health status of Korean and Chosun-Jok elementary children. To accurately achieve the purpose, a survey was conducted in Yanbian area in China and Kojae in Korea during the period of June 15 to July in 1995. This survey was performed by using two survey methods. The first was the parents' survey method. It asked structured questions about their children. The second method focused on the actual health of the children. It used the collection of children's physical records in school. Guided by the school teachers, each child distributed the questionnaires to their parents. We used stratified-cluster sampling method to determine subjects. 1,083 questionnaires of 1,749 were used to analyze the data (666 questionnaires were incomplete and were not used in the analysis). Each questionnaire matched the data of their physical record. : Body Weight, Body Height, Chest-Circumstance, Eyesight, Dental Health. Using the data, we compared the BMI(Body Mass Index) the Koreans and Chosun-Jok in China. The results of this study were as follows : Comparing the general average physique of contained body height, body weight and chest circumstance of Korean and Chosun-Jok, the general physique of Chosun-Jok is inferior to that of Korean regardless of age and sex. Meanwhile, the average physical constitution of Korean compared the Chosun-Jok (i.e. eyesight and dental hygiene), revealed that the physical constitution of Chosun-Jok is superior to that of Korean without concern of age and sex. Average BMI of Chosun-Jok is lower than that of Koreans. But, it seemed that most of the students in both groups maintain an adequate health level. In the case of children from 10 to 12 years old, females are superior to males through all data contained of the body weight, the chest circumstance, and the body height. It seems that females and males have a different maximum growth age. Most of the parents preferred a good physique as a good health condition for their children. The physique of each child was affected with some variables, including the number of family members, and the educational level of the parents. According to the above results, the students' physique in Korea is superior to that of Chosun-Jok in China. But, Koreans are inferior to Ethnic Koreans in China in the students' physical constitution. In conclusion, we consider Chosun-Jok in China to maintain an adequate health level in their physique and physical constitution.

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The Effect of Legal Political Determination of Perpu Number 1 of 2020 on Financial Markets in Indonesia During the COVID-19 Pandemic

  • RAJAGUKGUK, Blucer Welington;NAJIB, Muhammad
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.655-664
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    • 2021
  • The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

The Korean State and Candlelight Democracy: Paradigms and Evolution

  • Bedeski, Robert
    • Journal of Contemporary Eastern Asia
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    • v.16 no.2
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    • pp.82-92
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    • 2017
  • The Korean state evolved as a distinct entity in a region of major power convergence and conflict. All states, as human constructions, seek sovereignty and life security of their subjects/citizens, and are rotted in organic society. In the Republic of Korea, constitutional order has provided a framework for political action and a succession of regimes - authoritarianism, military dictatorship, and constitutional democracy. Since 1960 two paradigms have undergone a cycle of growth and decline, and a third, since the 2016 candlelight demonstrations in Gwanghwamun, may be the beginnning of a third generation paradigm - populist constitutionalism.

Study on Distribution of Sasang Constitution among 169 Cancer Patients (암환자 169명의 사상 체질 의학적 분포 연구)

  • Lee, Jong-Hoon;Bang, Sun-Hwi;Yoo, Hwa-Seung;Cho, Jung-Hyo;Lee, Yeon-Weol;Cho, Chong-Kwan;Son, Chang-Gue
    • The Journal of Korean Medicine
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    • v.28 no.3 s.71
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    • pp.138-143
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    • 2007
  • Objective : This study aimed to investigate differential cancer incidence among Sasangin comparing to healthy subjects in the Republic of Korea. Methods : The medical records of 169 patients who had taken diagnosis of Sasang constitution from October 2004 to January 2007 at the East-West Cancer Center in Dunsan Oriental Hospital of Daejeon University were reviewed. Diagnosis was done by Questionnaire for Sasang Constitution ClassificationII (QSCCII). Results : Among the 169 patients, 37.9%, 22.5% and 39.6% belonged to Soyangin, Taeumin and Soeumin, respectively. This is significantly different from the distribution rate of Sasang in amonghealthy subjects (29.1%, 46.9% and 24.0% respectively to Soyangin, Taeumin and Soeumin). This pattern appeared in a similar way among individual cancer analysis: breast cancer (37.5%, 21.9%, 40.6%), colon cancer (41.7%, 20.8% 37.5%), and HCC (35.0%, 20.0%, 45.0%). Stomach cancer typically showed remarkable incidence in Soeumin as high as 50.0% and lung cancer showed in Soyangin as high 46.7%, but it didn't have statistical significance. The mean age of 50.9 years was higher than for healthy people (46.3). Conclusion : Sasang distribution of cancer patients is different from that of healthy subjects. Further study is needed on individual cancers.

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A Research on Rationality and Equity of the Military Service System Against Athletes in Korea (우리나라 남자 운동선수 대상 병역 제도에 대한 합리성과 형평성에 대한 연구)

  • Hwang, Ho-Young
    • 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.

Constitutional Principle on Economic Regulation and Progressive Prospect: Focused on Restriction of the Participation of Large-scale Software Business Operators in the Public Informatization Market with respect to the revised Software Industry Promotion Act (경제규제의 헌법적 원리와 발전적 재조명 - 소프트웨어진흥법상 대기업참여제한제도의 헌법적 소고 -)

  • Lee, Hak Soo
    • Informatization Policy
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    • v.19 no.3
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    • pp.3-18
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    • 2012
  • Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.

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A Study on The Protection Organization for The Chief of State in North and South Korea (${\cdot}$북한의 국가원수 경호조직에 관한 연구)

  • Kim, Doo-Hyun
    • Korean Security Journal
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    • no.1
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    • pp.17-50
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    • 1997
  • I study on the security organization for the chief of state in North and South Korea. The paper, purporting to analyze security system in comparative prospectives, comprise four chapters. Chapter I Which sets out purpose, scope and method, is followed by Chapter II , dealing largely with the power structure on The Socialist Constitution of Democratic People's Republic of Korea, the protection organization and security activities for the chief of state in North Korea. Chapter III concerns the security environment - terrorist groups, firearms, explosives, suspects, movements of hostile countries and orthers - and the protection organization on The Presidential Security Service for the president in South Korea, culminating in projection of certain problem area. It is followed by concluding observation made in Chapter IV. To be operated security systems effectively, these need to be regulated according to a protective scale, function, authority of a existing.

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