• 제목/요약/키워드: Constitutional Law

Search Result 159, Processing Time 0.023 seconds

A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
    • /
    • no.6
    • /
    • pp.1-46
    • /
    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

  • PDF

A Study on Ex-Health Professional National Assembly Members' Influences on Health Care Policy Making in the National Assembly (보건의료전문가 출신 국회의원이 보건의료정책 형성에 미친 영향에 관한 연구)

  • Ryu, Chang Ug;Lee, Jae Hee
    • Health Policy and Management
    • /
    • v.25 no.4
    • /
    • pp.307-322
    • /
    • 2015
  • In most democratic countries, influential professional interest groups often become a part of the iron triangle in the policy making process. One of the typical methods by which professional interest groups participate in policy making process may be by having interest group members in the national assembly, who are sympathetic to the group, implementing policies through legislation. In this study we found that from the Constitutional National Assembly through the 18th National Assembly, 147 members of the National Assembly of the Republic of Korea have been ex health care professionals. The research analyzed the roles of these members in health care law amendments as requested by the professional organizations. This study analyzed 11 major cases that involved nullification or amendment of legislations in favor of the healthcare profession, against the basic policies of the government. The study showed that in the 11 major cases, policies were amended in the direction intended by the National Assembly members and other organizations with similar interests, which was against the policy stance of the government. However, these cases did not unilaterally imply that the National Assembly has been captured by the interest groups through the legislators with health care professional background; rather, they should be perceived to be influenced by the exhibited loss of governability by the government in respect to healthcare policy decisions, loss of initiative due to lack of controllability, and reversals and inconsistencies of the policies.

The Genealogy of Rebellious Communication and Twitter A Discourse Analysis of the Park Jung-geun Case ('불온 통신'의 계보와 '트위터' 박정근 사건에 대한 담론 분석을 중심으로)

  • Hong, Namhee
    • Korean journal of communication and information
    • /
    • v.81
    • /
    • pp.329-362
    • /
    • 2017
  • This study starts from the awareness that 'rebellious communication' is still being regulated in various ways even though 'rebellious communication' was declared unconstitutional in a decision by the Constitutional Court in 2002. The meaning of 'rebellious' has been amplified and transformed at various points through the censorship systems established during the Japanese colonial era, the US military period, and the regime of Park Jung-hee. In particular, 'rebellious communication' is regulated to protect 'national security' and 'social customs' from the perspective of power. This study analyzed discourses containing judgement about the Park Jung-geun case and the violation of the National Security Law using retweet accounts or posts related to North Korea. This study explores the genealogy of 'rebellious communication' based on its relationship to the characteristics of Twitter and specific individuals.

  • PDF

A Study on the countermeasures and drones's threats in Military security (군보안상 드론위협과 대응방안)

  • Kim, Doo-hwan;Lee, Youn-hwan
    • Journal of Digital Convergence
    • /
    • v.16 no.10
    • /
    • pp.223-233
    • /
    • 2018
  • The forces to protect people's life and property against the enemy attack is an organization which is regulated by the constitutional law. In terms of nature, its security is a significant factor to determine success or failure for the war. However, recently the 4th industrial revolution represents the rapid change in the advancement of civilization and technology. It can influence on the environment of military security which can make various changes. Unless taking proper action againsty these changes, it can inflict a vital harm for the organization of forces and its internal security. In this aspect, this study discuss new threats of the military security, above all, the most technical improvements and harms for the drones in terms of security. In addition, the advantages and disadvantages of drones which can influence on the ragions of military command and control, information operations, maneuvers, firepower, operation sustainment supports are analyzed. Moreover, this study set the purpose of developmental security measure for security threats in the aspects of military security.

A Regional Approach for Integrated Coastal Management with Scientific and Local Knowledge (연안통합관리의 과학적 및 지역적 접근)

  • Lee Chan-Won
    • Journal of the Korean Society for Marine Environment & Energy
    • /
    • v.6 no.1
    • /
    • pp.21-29
    • /
    • 2003
  • Fishing, aquaculture, coastal tourism and port activities in southern coastal seas are important to the Korean economy Conventional strategies or quick-fixes may not be the best means of addressing coastal issues. Coastal issues in Korean coastal sea include harmful algal blooms (HAB), oxygen depletion, and sea grass disappearance. Regional coastal management plans have been developed during 2001~present after inauguration of Coastal Management Law in 1999. Activities such as eco-pioneer cities, pollution reduction, constitutional rearrangement, environmental regulation, monitoring indicators, and budgeting would be included in regional coastal management Planning. The successful implementation of integrated coastal management is largely dependent on the engagement of government and non-government organizations to increase the chorus of concern. The need to involve coastal area residents in restoring activities was addressed with the creation of NGOs' Association for Masan Bay Restoration (NAMR). Several restoration efforts by NAMR are currently underway in Masan Bay coastal zone with scientific and local knowledge. A new level of dialogue was achieved suggesting a sustainable picture of Masan Bay coastal area regarding to a new port construction.

  • PDF

A Study on Military Justice System Reform : Focusing on Defense Reform 2.0 (군 사법제도 개혁에 관한 고찰 : 국방개혁 2.0을 중심으로)

  • Jung, Jung Kyun;Park, Cheol;Park, Sang Jae
    • Convergence Security Journal
    • /
    • v.18 no.2
    • /
    • pp.113-121
    • /
    • 2018
  • The The ROK military announced a reform proposal for the National Defense Reform 2.0 in 2018 in order to substantially guarantee the constitutional rights and human rights of the soldiers and to meet the demands of the military judicial reform. In order to establish a fair and independent military judicial system through such reforms, the Supreme Military Court was abolished to eradicate the controversy in the army and to abolish the system of the judges' And professionalism is systematically ensured so that judges can be judged only by law and conscience. This military reform proposal is so dramatic that it has a vocal voice of opposition, but the military should no longer be an exception to democracy and should try not to get caught in the stigma of human rights blindness.

  • PDF

Study on Using Medical Devices by Korean Medical Doctors through Judicial Precedents (판례 분석을 통한 한의사 의료기기 사용범위에 관한 한의학적 고찰)

  • Chung, Hyun-joo;Hong, Jin-woo
    • The Journal of Internal Korean Medicine
    • /
    • v.40 no.4
    • /
    • pp.597-611
    • /
    • 2019
  • Objective: The goals of this study were to analyze each of the reasons adopted by the Constitutional Court or the Courts for Decisions determined to permit the use of medical devices by Korean medicine doctors and to look at the medical devices from a Korean medical perspective. Materials and Methods: For this study, several judicial precedent databases were used for searching judicial precedents that handle the usage of medical devices by Korean medicine doctors. Prior studies on similar issues were considered. The Korean medicine textbooks and related research studies were also used in this study. Results: From 2000 to 2018, a large number of lawsuits were filed regarding the legality of Korean medicine doctors using medical devices; approximately 20 final judgments or decisions were made. Among them, only two cases determined that Korean medicine doctors could legally use medical devices. Conclusion: The decisions in both cases could be interpreted as the judgments that Korean medicine doctors were allowed to use a medical device whose use or operating principles were commonly incorporated with Korean medical principles. That was provided that training was sufficient in the use of the medical device, to the extent that it could be used and that such use of the medical device was not feared to pose a health hazard.

Analysis of Steganography and Countermeasures for Criminal Laws in National Security Offenses (안보사건에서 스테가노그라피 분석 및 형사법적 대응방안)

  • Oh, SoJung;Joo, JiYeon;Park, HyeonMin;Park, JungHwan;Shin, SangHyun;Jang, EungHyuk;Kim, GiBum
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.32 no.4
    • /
    • pp.723-736
    • /
    • 2022
  • Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.

Integration of Logistics Systems of Developing Countries into International Logistics Channels

  • Hassan Ali Al-Ababneh;Ilona Yu. Dumanska;Ella M. Derkach;Anna V. Sokhetska;Liliia H. Kemarska
    • International Journal of Computer Science & Network Security
    • /
    • v.24 no.7
    • /
    • pp.87-100
    • /
    • 2024
  • Modern logistics significantly influences the globalization and internationalization processes. Logistics systems are becoming increasingly important in today's rapidly changing environment. On the other hand, the development of global economic integration, business globalization contributes to the creation and development of international logistics systems and global supply chains towards the international market. The aim of the article was to investigate the national logistics systems of developing countries in the context of their integration capabilities. The main methods used in this study are statistical analysis, index, graphical and analytical methods, methods for estimating structural dynamic shifts, comparisons. Commonly used methods of economic research, as well as statistical analysis and interstate comparisons, economic modelling (trend analysis to determine the forecast level of LPI for Ukraine), etc. were also involved. It is noted that the problem of development of logistics systems in developing countries was insufficiently covered in scientific research. The study suggests that the integration capabilities of national logistics systems are determined by the logistics performance of each country and the favourable logistics environment for integration transformations. This allowed analysing the state of the logistics systems of Poland, Bulgaria, India and Ukraine, and identifying the factors that determine it. The logistics environment of Poland, Bulgaria, India and Ukraine, as well as the factors of its formation are evaluated. The components of the logistic portrait of the country in the context of integration capabilities of the logistic system are offered. Trend analysis of LPI was carried out on the example of Ukraine, which showed positive trends in the logistics system and allowed drawing conclusions about increasing integration into international logistics channels based on its geopolitical location, improving the characteristics of the logistics environment, including customs regulation, and improving the efficiency of the national logistics system. Prospects for further research involve studies of the impact of pandemics, globalization, digitalization on logistics systems, including that of developing countries.

Adolescent Health Promotion and Development of School Health Education (청소년기의 건강증진과 학교보건교육의 발전방향)

  • Yoo, Jae-Soon
    • Journal of the Korean Society of School Health
    • /
    • v.11 no.1
    • /
    • pp.27-50
    • /
    • 1998
  • Adolescent health is considered to contribute to health promotion in the home and community in the near future as well as individual health. However, adolescent health has been neglected from education field because of competitive school education focused on the university entrance examination That's why I suggest in this study that we should pay much more attention to adolescent health condition and try to make It better, in terms of man-power development and life-health promotion for nation development The purposes of this study are as follows First, to look into a variety of adolescent health problems Second, to find out the situation and problems of current adolescent health promotion and school health education Third, to make an effort to find, based on the current situation, various developments of adolescent health promotion and school health education in terms of practical, political and environmental change There are used study methods as adolescent-related, school heath-related literature review and anlysis of statistical data The results and suggestions are as follows Teenagers have a great variey of health problems including most Important physical, mental and social developments Recently, chronic diseases, emotional problems, health-risk behaviors linked With adolescents are on increase The complicated disorders of physical, mental, social health rather than paricular aspects of health or health-behavior problems influence adolescent health problems adolescence is regarded as the period when most health-related behaviors are formed. Therefore, adolescent health promotion would he assured by developing the ability of controlling multi-dimensional health determinants in the early stage. Health promotion is a positive concept that each individual, family and community makes real efforts to improve their health To achive this, we need health educational, organizational, political and environmental supports. Adolescent health promotion in Korea has been systematically treated in the category of school health Current school health services have had lots of systemic, constitutional, administrative and educational flaws Accordingly, I'm concerned that we can afford to accept a variety of adolescent health needs However, I would say that if were not to make those flaws better, it's certain that Korean national competitive power and the quality of the lives of most Koreans Will he threatened someday We have to develop Comprehensive School Health Crriculum(CSHC) and set up its standards to Improve adolescent health. CSHC is an organizational and costant process. CSHC means an Important part of overall curriculums. In addition, I could say that it's an Important school health education acivity including current school health services-health care service and school health environment. In conclusion, in order to develop CSHC, we require school nurse's role changes, establishment and management of intergrated subject of health education, striking revision of school health law(or legislation of school health promotion law), reorganization of administration system, big changes in curriculum for school health educators.

  • PDF