• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• Journal of the Korea Society of Computer and Information
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• v.26 no.2
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• pp.141-150
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• 2021

Article 117, Paragraph 1 of the 「Constitution」 states that "Local governments may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes". It restricts the enactment of effective self-government laws. The fundamental problem-solving is securing the right to self-governing legislation through constitutional amendment. Therefore, it must be revised to "Local governments can make regulations on self-government to the extent that they handle resident welfare affairs in accordance with the subsidiarity and do not violate the law." In the long-term perspective, the current education council problem, which is contrary to the constitution, has to be revived as a constitutional independent education committee system, and the voting agency and the executive agency must go together and education councilors must have about 10 years of experience in education and education administration. The current superintendent's election system is of great significance in establishing democratic legitimacy by ensuring residents' right to vote and securing a superintendent's representation of residents. It hasn't been long since the system was implemented, but there are some side effects and it is argued that the election system should be replaced by the appointment by the head of the local government, the running mate system or the joint registration system. However it is thought that it is necessary to minimize and supplement the side effects rather than fixing the system as it violates the Constitution of the local education autonomy system.

• Korean Journal of Social Welfare
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• v.67 no.4
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• pp.181-202
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• 2015

This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

• Health Policy and Management
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• v.25 no.4
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• pp.307-322
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• 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.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• Asian Journal of Innovation and Policy
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• v.11 no.3
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• pp.342-362
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• 2022

The national R&D project is a major strategy for the development of science and technology in the country. This is promoted for the purpose of improving the welfare of the people, such as creating jobs and fostering small and medium-sized enterprises, through the results of science and technology research conducted with support from the national budget. Therefore, analysis of the performance evaluation and budgeting system of the current national R&D project is one of the essential parts of preparing a system improvement plan. This study derived improvement plans through a comparative analysis of national R&D project performance evaluation and budget systems in Korea and leading countries such as the United States and Japan. As a result, it was confirmed that it may be difficult to derive innovative research results due to the lack of sustainability and a short period of time to require quantitative performance. To overcome these difficulties, the need for system improvement as follows was suggested. First, it is necessary to enlarge and prolong national R&D projects. Second, a plan for securing sustainability is needed in consideration of the main characteristics of each research field. Finally, it is necessary to strengthen the linkage between organizations in charge of national R&D projects. And also, there is a need for a system that can continuously identify problems and improve the system. In addition, the constitutional amendment will be necessary to separate science and technology from economic development, which states that Article 127, Paragraph 1, "Science and technology should be subordinated to economic development," which is the science and technology article of the current constitution.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.3-43
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• 2016

The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

• Korean journal of communication and information
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• v.47
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• pp.74-95
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• 2009

With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

• Informatization Policy
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• v.30 no.2
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• pp.46-67
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• 2023

There are criticisms that, despite the proactive government policy on open government data (hereinafter "open data"), certain highly demanded data remains restricted due to legal constraints. In this study, we aim to analyze the factors that limit the opening and utilization of open data, focusing on cases wherein requests for open data provision have been denied. We will explore possible approaches that are in harmony with the Open Data Law while examining the constitutional value of open data, considering the foundational Open Data Charter that underpins the government's data policy. We will also examine cases wherein requests for data provision have been denied for institutional reasons, with nearly half of these cases involving open data that includes personal information. It is necessary to explore the potential for improvement in these cases. Furthermore, considering the recent amendment to the Personal Information Protection Act, which allows for the processing of pseudonymous information without the consent of the data subject for limited purposes, it is an opportune time to consider the need for amending the Open Data Law to facilitate broader access and utilization of open data for the nation. Lastly, we will propose institutional improvement directions aligned with the opening and utilization of open data by examining the constraints of and need for improvement in the selected target laws.

• International Commerce and Information Review
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• v.16 no.4
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• pp.191-225
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• 2014

Most of all, this paper analyzes the current situation of EU(European Union) and ascertain EU's economic condition in terms of tariff lines and non-tariff barriers. and the purpose of this article is to find out the problems of EU's tariff lines and non-tariff barriers. Next, We suggest some future direction of export promotion from Korea to EU more largely for our companies. First, this paper describes the characteristics and outline of EU. The EU is a politico-economic union of 28 member states that are primarily located in Europe. The EU traces its origins from the European Coal and Steel Community(ECSC) and the European Economic Community(EEC), formed by the Inner Six countries in 1951 and 1958, respectively. After that, The Maastricht Treaty established the European Union under its current name in 1993. The latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. There are a combined population of over 500 million inhabitants and generated a nominal gross domestic product(GDP) of 16.692 trillion US dollars in EU. The results are as follows ; First of all, In terms of tariff lines and customs duties, Our companies have to know precisely EU's real tariff lines and other customs duties, and such as value added tax and exercise tax, corporate tax regulated by EU commission and EU's 28 members. second, our companies have to confirm EU's non-tariff barriers. such as RoHS, WEEE, REACH. These non-tariff barriers could be hindrances or obstacles to trade with foreign companies in other countries. We perceive all companies exporting to EU are related with these Technical Barriers to Trade irrespective of their nationality. So, Our companies fulfill the requirements of EU Commission concerning safety, health, environment etc. Also, Our companies choose market-driven strategy to export more largely than before in the field of marketing and logistics.