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

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A Study on the Conflict Between the Call for Journalists' Phone Records and the Shield Law: Focusing on the Review of Paragraph 2, Article 13 of the Act of Protection of the Secrecy of Correspondence (기자의 통화내역 조회와 취재원 보호 간의 갈등: 통신비밀보호법 제13조 제2항 논의를 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.25
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    • pp.103-133
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    • 2004
  • Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.

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Freedom of Broadcasting and on the Structure Restricting of Broadcasting in the Constitution (헌법상의 방송의 자유와 방송규제의 법리)

  • Cha, Su-Bong
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.164-172
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    • 2008
  • For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

Medical Education and Certification of Physicians in North Korea (북한 의사 양성 교육과 자격)

  • Lee, Yoon Seong
    • Korean Medical Education Review
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    • v.18 no.1
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    • pp.16-20
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    • 2016
  • Although the state of medicine in North Korea is of great interest, there is little information, if any, about the present state of medicine in North Korea. Even North Korea's laws and regulations on medicine are not publicly available. It is plausible that the dictator's commands or the policy of the Communist Party may be superior to the nation's constitution and laws on medical education and much more. Information is only available from a limited number of publications and mainly from the statements of refugees, which differ greatly among themselves. No one refugee could provide authoritative data or information because they were never in the position to see the larger picture or have experience over the long term. However, what is known is that the major health professions in North Korea include physicians (medical doctors), stomatologists (oral doctors), 'Koryo' doctors (doctors of Korean traditional medicine), midwives, and nurses. The names and the founding year of each of the regular medical schools are listed along with the change and restoration of names of schools. It is known that there have been quasi-physicians and semi-physicians. However, the reasons for any changes that have taken place also remain unknown. The educational system, curriculum, and even the number of years of training needed to qualify to become a physician have varied from time to time.

A Study on the Confucian Natural Legal Ideology Embodied in the Korean Constitution (유가(儒家) 자연법사상의 헌법상 전승)

  • Moon, Hyo-Nam
    • The Journal of Korean Philosophical History
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    • no.56
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    • pp.47-80
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    • 2018
  • The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

Fundamental Rights Reflected by the Legislation Regarding Radiation and Nuclear Power (방사선 및 원자력 관련 법제가 반영하는 기본권)

  • Han, Eun Ok;Lee, Jae Seong;Cho, Hong Jea
    • Journal of Radiation Protection and Research
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    • v.41 no.1
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    • pp.15-29
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    • 2016
  • Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

A Study on a Plan to Make Public of the Closed Minutes and the Non-published Minutes at the National Assembly of R.O.K (국회 비공개회의록 및 불게제 부분의 공표 방안 연구)

  • Kim, Jang-hwan
    • The Korean Journal of Archival Studies
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    • no.35
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    • pp.93-132
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    • 2013
  • It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

A Study on a Legitimate Plaintiff in Cases Involving a State Request for a Right of Reply (반론보도청구사건에 있어 국가기관의 당사자 적격에 관한 고찰)

  • Yoo, Jae-Woong
    • Korean journal of communication and information
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    • v.21
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    • pp.147-175
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    • 2003
  • This study is primarily concerned with the criteria for choosing a legitimate state plaintiff in cases involving a states request to media for a right of reply. Interpretation of the right of reply itself is different from country to country because of different constitutional views and systems in each state. Unlike the United States, the constitution of the Republic of Korea does not expressly prohibit the making of laws adversely affecting freedom of the press. Accordingly, in Korea freedom of the press may be restricted through legislation within certain limits and the right of reply is not incompatible with the spirit of the constitution. An analysis of relevant law makes it clear that the particular agency aggrieved should initiate the suit rather than the Justice Minister. The idea that the Justice Minister should assume the role of plaintiff in all state cases seems to stem from flawed interpretations of provisions in the Law Governing Registration of Periodicals and the Law Governing Litigation Involving the State. Even though each state agency has the right of reply, it should be cautioned not to abuse it as the states frequent involvement in litigation may bring on unnecessary misunderstanding and have a chilling effect on the media. The right of reply does not always imply that a certain media report in question is wrong and the media should be sanctioned for it. The right of reply is basically intended to help the general public make an informed judgment on issues presented in the media and insure fairness and balance.

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A Literature Review on the Health Status of Korean Workers under the Japanese Colonialism (일제하 근로자의 건강상태에 관한 문헌고찰)

  • Kim, Chang-Yeop;Moon, Ok-Ryun
    • Journal of Preventive Medicine and Public Health
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    • v.24 no.1 s.33
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    • pp.45-56
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    • 1991
  • The history of occupational health in Korea s covered the era of the Republic of Korea after the Liberation from the Japanese colonialism. But the number of Korean workers exceeded about 2 millions at the times of liberation in 1945, so that it is expected that many occupational health problems inflicted Korean workers under the Japanese colonialism. The authors reviewed medical literatures, administrative documents, and other available data which were published under the colonial state, and collected things which had reference to the health status of Korean workers. The results were as follows : 1. Nutritional status of Korean workers was supposed to be inferior to that of general population, some students, and poor inhabitants in a remote mountain villages. 2. It was supposed that the constitution of Korean workers was near lower limit of average build of contemporary Koreans. 3. The accidents rate in mines was significantly high but decreasing year after year, and the most important cause of accidents was the fall of roof in the mine. The medical facilities and equipments for miners were supposed to be not sufficient in the mines and workshops. 4. Some occupational disease including silicosis, noise-induced hearing impairment, and decompression disease were known. But, overall incidence or prevalence of these diseases could not be identified. 5. On the whole, the fatalities of acute infectious diseases of Korean workers were higher than those of Japanese inhabitants in Korea and Korean inhabitants. The prevalence of pulmonary tuberculosis of Korean workers was increasing with every passing year. 6. The medical personnels and facilities were so deficient that most Korean workers were out of adequate medical use. We discussed only a part of the health status of Korean workers under the Japanese colonialism, so it would be necessary to have a better grasp of details of occupational health policy and health status in the era of afflicting.

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The lesson From Korean War (한국전쟁의 교훈과 대비 -병력수(兵力數) 및 부대수(部隊數)를 중심으로-)

  • Yoon, Il-Young
    • Journal of National Security and Military Science
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    • s.8
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    • pp.49-168
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    • 2010
  • Just before the Korean War, the total number of the North Korean troops was 198,380, while that of the ROK(Republic of Korea) army troops 105,752. That is, the total number of the ROK army troops at that time was 53.3% of the total number of the North Korean army. As of December 2008, the total number of the North Korean troops is estimated to be 1,190,000, while that of the ROK troops is 655,000, so the ROK army maintains 55.04% of the total number of the North Korean troops. If the ROK army continues to reduce its troops according to [Military Reform Plan 2020], the total number of its troops will be 517,000 m 2020. If North Korea maintains the current status(l,190,000 troops), the number of the ROK troops will be 43.4% of the North Korean army. In terms of units, just before the Korean War, the number of the ROK army divisions and regiments was 80% and 44.8% of North Korean army. As of December 2008, North Korea maintains 86 divisions and 69 regiments. Compared to the North Korean army, the ROK army maintains 46 Divisions (53.4% of North Korean army) and 15 regiments (21.3% of North Korean army). If the ROK army continue to reduce the military units according to [Military Reform Plan 2020], the number of ROK army divisions will be 28(13 Active Division, 4 Mobilization Divisions and 11 Local Reserve Divisions), while that of the North Korean army will be 86 in 2020. In that case, the number of divisions of the ROK army will be 32.5% of North Korean army. During the Korean war, North Korea suddenly invaded the Republic of Korea and occupied its capital 3 days after the war began. At that time, the ROK army maintained 80% of army divisions, compared to the North Korean army. The lesson to be learned from this is that, if the ROK army is forced to disperse its divisions because of the simultaneous invasion of North Korea and attack of guerrillas in home front areas, the Republic of Korea can be in a serious military danger, even though it maintains 80% of military divisions of North Korea. If the ROK army promotes the plans in [Military Reform Plan 2020], the number of military units of the ROK army will be 32.5% of that of the North Korean army. This ratio is 2.4 times lower than that of the time when the Korean war began, and in this case, 90% of total military power should be placed in the DMZ area. If 90% of military power is placed in the DMZ area, few troops will be left for the defense of home front. In addition, if the ROK army continues to reduce the troops, it can allow North Korea to have asymmetrical superiority in military force and it will eventually exert negative influence on the stability and peace of the Korean peninsular. On the other hand, it should be reminded that, during the Korean War, the Republic of Korea was attacked by North Korea, though it kept 53.3% of troops, compared to North Korea. It should also be reminded that, as of 2008, the ROK army is defending its territory with the troops 55.04% of North Korea. Moreover, the national defense is assisted by 25,120 troops of the US Forces in Korea. In case the total number of the ROK troops falls below 43.4% of the North Korean army, it may cause social unrest about the national security and may lead North Korea's misjudgement. Besides, according to Lanchester strategy, the party with weaker military power (60% compared to the party with stronger military power) has the 4.1% of winning possibility. Therefore, if we consider the fact that the total number of the ROK army troops is 55.04% of that of the North Korean army, the winning possibility of the ROK army is not higher than 4.1%. If the total number of ROK troops is reduced to 43.4% of that of North Korea, the winning possibility will be lower and the military operations will be in critically difficult situation. [Military Reform Plan 2020] rums at the reduction of troops and units of the ground forces under the policy of 'select few'. However, the problem is that the financial support to achieve this goal is not secured. Therefore, the promotion of [Military Reform Plan 2020] may cause the weakening of military defence power in 2020. Some advanced countries such as Japan, UK, Germany, and France have promoted the policy of 'select few'. However, what is to be noted is that the national security situation of those countries is much different from that of Korea. With the collapse of the Soviet Unions and European communist countries, the military threat of those European advanced countries has almost disappeared. In addition, the threats those advanced countries are facing are not wars in national level, but terrorism in international level. To cope with the threats like terrorism, large scaled army trops would not be necessary. So those advanced European countries can promote the policy of 'select few'. In line with this, those European countries put their focuses on the development of military sections that deal with non-military operations and protection from unspecified enemies. That is, those countries are promoting the policy of 'select few', because they found that the policy is suitable for their national security environment. Moreover, since they are pursuing common interest under the European Union(EU) and they can form an allied force under NATO, it is natural that they are pursing the 'select few' policy. At present, NATO maintains the larger number of troops(2,446,000) than Russia(l,027,000) to prepare for the potential threat of Russia. The situation of japan is also much different from that of Korea. As a country composed of islands, its prime military focus is put on the maritime defense. Accordingly, the development of ground force is given secondary focus. The japanese government promotes the policy to develop technology-concentrated small size navy and air-forces, instead of maintaining large-scaled ground force. In addition, because of the 'Peace Constitution' that was enacted just after the end of World War II, japan cannot maintain troops more than 240,000. With the limited number of troops (240,000), japan has no choice but to promote the policy of 'select few'. However, the situation of Korea is much different from the situations of those countries. The Republic of Korea is facing the threat of the North Korean Army that aims at keeping a large-scale military force. In addition, the countries surrounding Korea are also super powers containing strong military forces. Therefore, to cope with the actual threat of present and unspecified threat of future, the importance of maintaining a carefully calculated large-scale military force cannot be denied. Furthermore, when considering the fact that Korea is in a peninsular, the Republic of Korea must take it into consideration the tradition of continental countries' to maintain large-scale military powers. Since the Korean War, the ROK army has developed the technology-force combined military system, maintaining proper number of troops and units and pursuing 'select few' policy at the same time. This has been promoted with the consideration of military situation in the Koran peninsular and the cooperation of ROK-US combined forces. This kind of unique military system that cannot be found in other countries can be said to be an insightful one for the preparation for the actual threat of North Korea and the conflicts between continental countries and maritime countries. In addition, this kind of technology-force combined military system has enabled us to keep peace in Korea. Therefore, it would be desirable to maintain this technology-force combined military system until the reunification of the Korean peninsular. Furthermore, it is to be pointed out that blindly following the 'select few' policy of advanced countries is not a good option, because it is ignoring the military strategic situation of the Korean peninsular. If the Republic of Korea pursues the reduction of troops and units radically without consideration of the threat of North Korea and surrounding countries, it could be a significant strategic mistake. In addition, the ROK army should keep an eye on the fact the European advanced countries and Japan that are not facing direct military threats are spending more defense expenditures than Korea. If the ROK army reduces military power without proper alternatives, it would exert a negative effect on the stable economic development of Korea and peaceful reunification of the Korean peninsular. Therefore, the desirable option would be to focus on the development of quality of forces, maintaining proper size and number of troops and units under the technology-force combined military system. The tableau above shows that the advanced countries like the UK, Germany, Italy, and Austria spend more defense expenditure per person than the Republic of Korea, although they do not face actual military threats, and that they keep achieving better economic progress than the countries that spend less defense expenditure. Therefore, it would be necessary to adopt the merits of the defense systems of those advanced countries. As we have examined, it would be desirable to maintain the current size and number of troops and units, to promote 'select few' policy with increased defense expenditure, and to strengthen the technology-force combined military system. On the basis of firm national security, the Republic of Korea can develop efficient policies for reunification and prosperity, and jump into the status of advanced countries. Therefore, the plans to reduce troops and units in [Military Reform Plan 2020] should be reexamined. If it is difficult for the ROK army to maintain its size of 655,000 troops because of low birth rate, the plans to establish the prompt mobilization force or to adopt drafting system should be considered for the maintenance of proper number of troops and units. From now on, the Republic of Korean government should develop plans to keep peace as well as to prepare unexpected changes in the Korean peninsular. For the achievement of these missions, some options can be considered. The first one is to maintain the same size of military troops and units as North Korea. The second one is to maintain the same level of military power as North Korea in terms of military force index. The third one is to maintain the same level of military power as North Korea, with the combination of the prompt mobilization force and the troops in active service under the system of technology-force combined military system. At present, it would be not possible for the ROK army to maintain such a large-size military force as North Korea (1,190,000 troops and 86 units). So it would be rational to maintain almost the same level of military force as North Korea with the combination of the troops on the active list and the prompt mobilization forces. In other words, with the combination of the troops in active service (60%) and the prompt mobilization force (40%), the ROK army should develop the strategies to harmonize technology and forces. The Korean government should also be prepared for the strategic flexibility of USFK, the possibility of American policy change about the location of foreign army, radical unexpected changes in North Korea, the emergence of potential threat, surrounding countries' demand for Korean force for the maintenance of regional stability, and demand for international cooperation against terrorism. For this, it is necessary to develop new approaches toward the proper number and size of troops and units. For instance, to prepare for radical unexpected political or military changes in North Korea, the Republic of Korea should have plans to protect a large number of refugees, to control arms and people, to maintain social security, and to keep orders in North Korea. From the experiences of other countries, it is estimated that 115,000 to 230,000 troops, plus ten thousands of police are required to stabilize the North Korean society, in the case radical unexpected military or political change happens in North Korea. In addition, if the Republic of Korea should perform the release of hostages, control of mass destruction weapons, and suppress the internal wars in North Korea, it should send 460,000 troops to North Korea. Moreover, if the Republic of Korea wants to stop the attack of North Korea and flow of refugees in DMZ area, at least 600,000 troops would be required. In sum, even if the ROK army maintains 600,000 troops, it may need additional 460,000 troops to prepare for unexpected radical changes in North Korea. For this, it is necessary to establish the prompt mobilization force whose size and number are almost the same as the troops in active service. In case the ROK army keeps 650,000 troops, the proper number of the prompt mobilization force would be 460,000 to 500,000.

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Regional Inequalities in Healthcare Indices in Korea: Geo-economic Review and Action Plan (우리나라 보건지표의 지역 격차: 지경학적 고찰과 대응방안)

  • Kim, Chun-Bae;Chung, Moo-Kwon;Kong, In Deok
    • Health Policy and Management
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    • v.28 no.3
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    • pp.240-250
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    • 2018
  • By the end of 2017, in a world of 7.6 billion people, there were inequalities in healthcare indices both within and between nations, and this gap continues to increase. Therefore, this study aims to understand the current status of regional inequalities in healthcare indices and to find an action plan to tackle regional health inequality through a geo-economic review in Korea. Since 2008, there was great inequality in life expectancy and healthy life expectancy by region in not only metropolitan cities but also districts in Korea. While the community health statistics from 2008-2017 show a continuous increase of inequality during the last 10 years in most healthcare indices related to noncommunicable diseases (except for some, like smoking), the inequality has doubled in 254 districts. Furthermore, health inequality intensified as the gap between urban (metropolitan cities) and rural regions (counties) for rates of obesity (self-reported), sufficient walking practices, and healthy lifestyle practices increased from twofold to fivefold. However, regionalism and uneven development are natural consequences of the spatial perspective caused by state-lead developmentalism as Korea has fixed the accumulation strategy as its model for growth with the background of export-led industrialization in the 1960s and heavy and chemical industrialization in the 1970s, although the Constitution of the Republic of Korea recognizes the legal value of balanced development within the regions by specifying "the balanced development of the state" or "ensuring the balanced development of all regions." In addition, the danger of a 30% decline or extinction of local government nationwide is expected by 2040 as we face not only a decline in general and ageing populations but also the era of the demographic cliff. Thus, the government should continuously operate the "Special Committee on Regional Balanced Development" with a government-wide effort until 2030 to prevent disparities in the health conditions of local residents, which is the responsibility of the nation in terms of strengthening governance. To address the regional inequalities of rural and urban regions, it is necessary to re-adjust the basic subsidy and cost-sharing rates with local governments of current national subsidies based mainly on population scale, financial independence of local government, or distribution of healthcare resources and healthcare indices (showing high inequalities) overall.