• Informatization Policy
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• v.22 no.3
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• pp.47-60
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• 2015

This study observes the fact that there exist restrictions due to the election-law-based regulations on web campaigns in Korea although web campaigns are widely spreading around the globe, and aims to analyze this aspect from the political context. As a result of the research, first, this study found out that Article 93, Clause 1 of the makes it possible to do permanent web campaigns on the strength of the Constitutional Court's decision of limited unconstitutionality, whereas Article 59 and 254 of the same Law(Election Campaign Offence) differ from the above Article 93, Clause 1; thus, it is necessary to revise the relevant law. Second, as for the request for taking measures for the depletion of ISP, etc., it is necessary to reform the provisions of the and together. These provisions are excessive regulations of the on ISP, also having the possibility of dual punishment. Third, there is also the need to amend Clause 6 of Article 82 (Real Name Confirmation of the Message Board, and chat room of Internet Media) of the from a long term perspective. It is because this Clause also has much room for restrictions of the freedom of expression in the long term despite the Constitutional Court's decision of its constitutionality in July, 2015. Lastly, this study is to reinterpret why it is difficult to revise the from the two sorts of political contexts and to propose the ' Reform Multiple Governance' as the revision method for web campaign revitalization.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.77-116
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• 2009

Owing to the development of Biotechnology, the involvement of humans in life before birth has been increasing. This means the need for the protection of unborn life takes on new importance. The respect for life and human beings which is based on fundamental constitutional principle should still be respected under civil law. This study examines how methods of respect for life are embodied in civil liability law. In particular, it enunciates the protection of unborn life within time-flow. Lastly, it studies the instruments of the civil liability law and the extent of protection for a fetus from the process of fertilization of an ovum by a sperm, development into an embryo and implantation. Especially, it looks into when and how the subject of the right changes. Besides, it critically scrutinizes the opinions of leading case lawyers and the Constitutional Court which conclude that, in order for a fetus to become the subject of Damage law, it is required to be born alive to comply with precedent. Furthermore, it suggests an alternative interpretation theory.

• Analyses & Alternatives
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• v.1 no.1
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• pp.3-16
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• 2017

This paper aims to emphasize the necessity of beginning and developing judicial politics in Korea. Law is constitutive of politics, and judicial politics is vital in understanding how politics is influenced by law. Disappointingly, social science in Korea has not recognized the importance of judicial politics. Judicial branch in Korea does not have the capacity to constrain the executive or other government agencies governed by elected officials. The rule of law does not work. Judicial politics has not yet been introduced in Korea, despite its enormous importance in shaping political economy. The rule of law and courts are believed to be the institutional foundation for economic growth. Law embodied in "no one is above the law" is recognized to provide fairness and stability with a democracy. Little attention to judicial politics results in leaving behind a missing link in a polity. The fortification of the rule of law is necessary to make democracy consolidated in Korea, as shown in impeachment of former president Park Geunhae. A new scholarship in Korea on judicial politics is in need to discuss what conditions under which the rule of law is possible and how to make it sustainable.

• Journal of Sasang Constitutional Medicine
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• v.15 no.1
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• pp.1-11
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• 2003

In Sasang Constitutional Medicine, pine trees have been used as medicines for Taeyangin and a pine-nuts tree for Taeumin. However, there has been some misunderstandings in interpretation as the Koreans referred to back(栢) as pine-nuts tree as well as cheukback(측백) tree. Also, we have disputed over how to translate songback(松栢). Regarding this dispute, 1 came to the following conclusion based on a research with exactitude. 1. Songja (松子), Songjain(松子仁), Songsil(松實) means Pinus Koraiensis(잣), not a pine .one. 2. Backja(栢子) is a fruit of Cheukback(측백) tree, not of a pinus koraiensis(잣). 3. Some part of 'yulsunjun(列仙傳)' quoted to explain pine-nuts in Bonchogangmok(本草綱目) was misrepresented. 4. In regard to the record that a court lady of Chin(秦) Dynasty lived for bundle of years, Galhong(葛洪) made a mistake by saying that she took pine needles and a Pinus Koraiensis in 'Pobakja(抱朴子)', while saying that she took pine needles and leaves of Cheukback(측백) tree in 'Joohoobigeupbang(　後備急方). Also He made a mistake by saying that took pine needles and leaves of cheukback(측백) tree in Bonchogangmok(本草綱目). 5. Songback(松栢), which was referred to in the Analects of Confucius(論語) and the historical annals(史記), should be understood as an old pine tree with a hard quality of the lumber and evergreen, .rather than 'a pine tree and a pine-nuts tree' or 'a pine tree and Cheukback(측백) tree'. 6. Although 'Songback(松栢) mentioned in a book on medicine were sometimes considered as 'a pine-nuts tree' and 'Cheukback(측백) tree' or 'a pine tree and .Cheukback(측백) tree,' it should be regarded as an old pine tree in most cases.

• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.71-78
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• 2002

For the first Maritime Accident Inquiry System in Korea, Central Marine Accidents Inquiry Committee were founded in Seoul and District Marine Accidents Inquiry Committee in Busan city In 1963 to determine the circumstances of the accidents and causes. At the present day, it was settled as Maritime Safety Tribunal tough several revision of the Law and regulations regarding the Maritime Accident Inquiry System. In Korea, there occurred about m cases of marine accident, and as a result, about 200 people were lost human lives in average per year. In accordance with the change of circumstances such as traffic increasing and being bigger in size, being faster in speed, etc., the causes of the marine accidents become complicated year by year. Accordingly, in this moment, it is meaningful that the introduction of the Research Official who assists the Judges probing the cases fair and square. In this Paper, with the consideration of the several kinds of Research Official System, such as the Research Official of the Korean Supreme Court, the Supreme Public Prosecutors' Office and the Constitutional Court, Japanese Supreme Court, Law Clerk in USA, etc., the selection, numbers, duty of the Research Official were studied. The results of the study are as follows; 1. The Research Official to be appointed among the person having long enough career as a Judge, Investigator engaged in the Maritime Safety Tribunal due to he sho띨d have capability to confirm perfectly logical judgement and to collect enough material for the conclusion of the causes of the case. The one who understands the foreign language is preferred for the study of the foreign cases; 2. It will be logical to post 3 joint Research Officials in Korea Maritime Safety Tribunal in Seoul after due consideration the cases treated a year; 3. It will be logical for the Research Official to perform the collection of material and inspection of the scene for the trial and inquiry of the cases, to attend the cases filed suit to the Supreme Court, to make commentarial papers regarding the judged cases, to collect statistics of marine accidents and to devise a reform measure through in-depth analysis of the accidents frequently occurred, to study for the improvement of the Maritime Accident Inquiry System;

• The Korean Journal of Archival Studies
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• no.58
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• pp.225-262
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• 2018

The purpose of this study is to examine the current situation of the judicial records management by paying attention to the lack of relevant research despite the specialty and importance of the judicial records. This study indicates there is much room for improvement. In order to define the judicial records, we first classify the kinds of judicial records produced according to the functions performed by the court. And we inspect how the records are managed and how the judicial records management is operated. We identified the legal and institutional aspects of court records management. Based on this, problems such as lack of records center, lack of records manager, and redundant management of records belonging to court records were derived. As a way to improve this, We proposed the establishment of the archives, the expansion of the records manager or archivist, and the integrated management of the records management institutions.

• Journal of Society of Preventive Korean Medicine
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• v.23 no.1
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• pp.15-26
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• 2019

Background and Aim : Health care and cosmetics as well as quality of life is now a matter of concern and many categories of complementary and alternative medicine fall into the territory of the medical practice of Korean medicine. Accordingly, penalties are being taken for unlicensed medical practices of Korean medicine in so called complementary and alternative medicine area. There is a possibility of violating the law for the public part because it is not clearly stipulated in the law as to what is a licensed medical practice. Materials and Method : The significance of the Medical Service Act and the Act on Special Measures for the Control of Public Health Crimes were reviewed, and the related supreme court cases were discussed upon the legal aspect of processing the unlicensed medical practice of Korean medicine. The legal information was provided from the National Law Information Center of the Ministry of Government Legislation, and the information websites of the Supreme Court and the Constitutional Court. Results : The concept of medical practice, which is essential in judging the case of unlicensed medical practice, is 'prevention and treatment of diseases through diagnosis, examination, prescribing, medication, or surgical procedures based on medical expertise', and the 'acts that may result in harm and injury of health unless performed by a medical person'. With respect to the medical practice of Korean medicine, the concept includes 'prevention and treatment of diseases using the principle of traditional Korean Medicine'. Conclusions : The concept of medical practice should be clearly stipulated in the law for the control over the unlicensed medical practices of Korean medicine. And it is important to move from the current concept of medical person-oriented medical practice emerging from the national system of healthcare control, to a concept that can accept the era of health managing-oriented medical environment and the co-governance of the healthcare providers and consumers for the future.

• Korean Journal of Legislative Studies
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• v.15 no.2
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• pp.5-34
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• 2009

Why the Korea National Assembly shows often limping in its operations despite the introduction of various democratic legislative rules? Regarding the question, this article pays attention to the institutionalization of legislative rules and political saliency of bills, and analyzes the Constitutional Court's law reports. According to the analysis, the National Assembly goes on smoothly when dealing with the bills with low political saliency, but shows anomaly in its operation when dealing with the bills with high political saliency. This indicates that the institutionalization of the legislative rules is relatively low. The low level of the institutionalization is derived fundamentally from a distinguishing characteristic of the power structure in which political power is too much concentrated on the president. Within the power structure, the ruling party has to play the role of protecting and advocating the president, whereas the opposition parties become actors criticizing and checking the president. Consequently, the parliamentary decision-making processes have been dominated by the political strifes between the ruling and opposition parties, often producing limping operations of the National Assembly and delayed institutionalization of the legislative rules.

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• Korean Security Journal
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• no.61
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• pp.285-305
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• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.