• The Journal of the Korea Contents Association
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• v.20 no.11
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• pp.323-332
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• 2020

The current juvenile law has to be improved in the following respects: First, there is no clear and objective basis for the process divided into criminal and protective dispositions. Second, the spirit of legislation to protect the boy is understandable, but when reviewing the application process of the juvenile law to actual juvenile crimes, it is hard to find such spirit. Third, in dealing with juvenile protection cases, the outcome and process of disposal should be reflected in the boy's protection ideology. Finally, efforts should be made to shorten the processing period of the case, curb the transfer of violent criminals to juvenile detention center, and integrate the latter part of the first and sixth disposition.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• The Journal of Korean Society for School & Community Health Education
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• v.4
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• pp.157-169
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• 2003

This research was intended to have a grasp of the problems in physical education curriculum, After making an alternative plans of effective management. those were integrated and analyzed their own relations on the purpose of suggesting alternative plans to foster professionality of physical education teacher in order to improve real class of physical education. For this purpose, I referred to sundry records related with instruction of physical education teacher and also conducted a survey with 10 interviews such as researchers of central government education administration, and school commissioners in the ministry's provincial offices of education, professors in the university of pre-teacher training, and teachers involved in physical education. The conclusions were as follows; Physical education curriculum should be organized to reduce and diversify of the sport contents in various levels. Also, it should instruct students based on physical educational knowledge, and it is made up to know the achievement of goals through evaluation tools and development of rules having propriety and reliability. Such a physical educational curriculum developed from real class should inform continuously throughout the Ministry of Education & Human Resources Development and educational organization of physical education teachers and network of the school and mass media. So, it makes most people's recognition raise up, and we need discretionary authority of physical education teacher about time allocation of 45 minutes or 50 minutes for variety of lessons. And we need systematic installation such as reorganization of completion field in level of school.

• Journal of the Korea Society of Computer and Information
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• v.28 no.12
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• pp.267-279
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• 2023

The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

• Journal of Technology Innovation
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• v.18 no.2
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• pp.1-32
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• 2010

It is well known that compensation satisfaction of employees is closely related to work attitude, job commitment, and employees'intentions to stay on the job. These known facts can also be applied to the professionals engaged in science & technology as well. Many studies have concluded that the Korea's losing competitiveness in the area of science & technology was mainly attributed to the distorted compensation system. In this vein, this paper identifies the potential determinants that affect the compensation satisfaction of S&T professionals, and to empirically examines the determinants influences on job commitment and intention to stay. This was done by acquiring data from S&T professionals currently being employed in firms, universities, and institutions. Consequently, for professionals engaged in science & technology, the compensation satisfaction was demonstrated to be largely influenced by job accomplishment, monetary compensation, and social compensation in order. In conclusion, to improve compensation system for S&T professionals, firstly, it is recommended to enhance job accomplishment by endowing more discretionary authority to conduct research. Secondly, the relatively lower-valued labor forces in S&T area will necessitate more economic support and compensation. Finally, the social compensation should be strengthened by not only ameliorating social status, but also improving labor liquidity and job security.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.385-444
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• 2003

Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.

• KDI Journal of Economic Policy
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• v.13 no.4
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• pp.141-153
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• 1991

The optimal choice of the tax rate and the inflation rate framework is extended to yield relevant interpretations for the optimal fiscal and monetary policy regime in Korea. To study the relationship between the government budget and monetary growth in different environments of policy coordination, two models assuming different degrees of fiscal dominance are developed. By modelling differing institutional arrangements of the fiscal and the monetary authority from an optimal government finance viewpoint, we find the optimal relationship among some important fiscal and monetary variables. By testing the existence of the relationship empirically, we find the characteristics of the optimal policy-mix regime in Korea. The first model-the strong from of fiscal dominance-studies the optimal collection of seigniorage in a period-by-period optimization with standard assumptions on the income velocity of money, deriving a general testable result: the optimal inflation/tax rate ratio co-vary with the marginal revenue ratio. The second model-the weak form of fiscal dominance-studies an implication of the inflationary bias of discretionary monetary policy in the presence of fiscal side distortions. This model shows that the tax rate and the inflation rate can have a positive correlation. Empirical tests of the theoretical results are done for the Korean economy for 1972-1989 period. The test results show that the macroeconomic policy regime in Korea can be characterized by the strong form of fiscal dominance, implying the importance of the government budget in explaining money growth and inflation.

• Journal of Venture Innovation
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• v.4 no.2
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• pp.97-108
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• 2021

Labor contracts appear in form as an exchange relationship between labor products and wages, but since they transcend the level of simple barter, they can be economically identified as "trading" and can be identified as "rental." From a legal point of view, a legal device that legally supports and imposes binding force on commodity exchange relations is a contract. Such a labor contract led to a relationship in which wages were received and a certain amount of time was placed under the direction and supervision of the employer as a counter benefit to the receipt of wages. Since working hours are subordinate hours with one's labor under the disposition authority of the employer, long hours of work can be done for the health and safety of workers and furthermore, it can be an act that violates the value to enjoy as a human being. The reduction of working hours needs to be shortened in terms of productivity and enjoyment of workers' culture so that they can expand and reproduce, but users' corporate management labor and production activities should also be compatible compared to those pursued by capitalist countries. Working hours can be seen as individual time and time in society as a whole, and long hours of work at the individual level are reduced, which is undesirable at the individual level, but an increase in products due to an increase in production time at the social level can help social development. It is necessary to consider working hours in terms of finding the balance between these individual and social levels. If the regulation method of working hours was to regulate the total amount of working hours, flexibility and elasticity of working hours are a qualitative regulation method that allows companies to flexibly allocate and organize working hours within a certain range of up to 52 hours per week. Accordingly, it is necessary to shorten working hours, but expand and implement the flexible working hours system according to the situation of the company. To this end, it is necessary to flexibly operate the flexible working hours system, which is currently limited to six months, handle the selective working hours by agreement between employers and workers, and expand the target work of discretionary working hours according to the development of information and communication technology and new types based on the 4th industrial revolution.