• Title/Summary/Keyword: Framework Act

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A Study on the Systematization of the Technology Act for Platforming the Fourth Industrial Revolution

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.2
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    • pp.163-169
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    • 2019
  • Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government. The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution. As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution. The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on 'Development of Science and Technology Innovation System', 'Basic Plan of Science and Technology', and 'Comprehensive Plan for Promotion of Local Science and Technology', there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation. 'In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

Study on the legal system alignment of Invention Promotion Act and Its Relationship with the Framework Act on Intellectual Property (발명진흥법 법체계 정비와 지식재산 기본법의 관계에 관한 연구)

  • Lee, Kyung-Ho;Kim, Si-Yeol;Kim, Hwa-Rye
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.8
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    • pp.280-291
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    • 2016
  • The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

A Study on the Integration of Framework National Tax Basic Act and Local Tax Basic Act (국세기본법과 지방세기본법의 통합과 체제 개편에 관한 연구)

  • Kim, Woo-Young;Kim, Keum-Young
    • Asia-Pacific Journal of Business
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    • v.9 no.2
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    • pp.75-103
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    • 2018
  • The tax system in Korea is the so-called one-item-one-tax law which has separate tax law for each taxation according to tax law. The common and procedural aspects of these tax laws are the same or similar, but they are separately prescribed by the National Tax Basic Act and the Local Tax Act. These legal systems complicate the tax law and increase the cost of tax cooperation, resulting in tax inefficiency. In this study, the National Tax Act and the laws of the Local Tax Act are integrated and presented. It is proposed that the common provisions should be integrated into a single law and the unique matters should be defined in each of the National Tax Basic Act and Local Tax Basic Act, by comparing and analyzing the provisions of the National Tax Basic Act and the Local Tax Basic Act. The integration of the common elements of the National Tax Basic Act and the Local Tax Act is expected to improve tax efficiency by reducing tax complexity and tax cooperation costs. In addition, the National Tax Act and the Local Tax Act are expected to maintain the characteristics of the National Tax Basic Act and the Local Tax Act when they are specified in the National Tax Basic Act and the Local Tax Basic Act. This study is expected to be a research that can reduce tax inefficiency and help convenience of taxpayer and tax administration.

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Implications of Digital Education Policy -Focused on Basic Act for Digital-based Education-

  • Shinhye, Heo
    • International Journal of Internet, Broadcasting and Communication
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    • v.16 no.1
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    • pp.321-329
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    • 2024
  • This study attempted to obtain implications for digital education policy by reviewing the Framework Acts and Enforcement Decrees related to digital education. To this end, the following were explored. First, the concept and components of digital competency were reviewed. Second, the Framework Acts and Enforcement Decrees related to digital education policy were reviewed using the above concepts. Third, the characteristics and implications of the Framework Acts and Enforcement Decrees for digital education were explored. The results are as follows: Korea's digital education policy tried to reflect the categories that digital competency must cover, even its function and dysfunction role. However, to achieve their purpose, it is necessary to maintain consistency with related laws or policies. We identified that amendments to the Basic Act and related articles are essential to effectively enforce the Digital-Based Distance Education Activation Basic Act. A reevaluation of the correlation between Article 10, emphasizing digital media literacy education, and Article 5 of the enforcement decree is necessary. Revision of the enforcement decree to align with Article 10's objectives is vital to ensure proactive measures for promoting digital literacy and competence as mandated by the Basic Act.

The Necessity and Structural Framework of Tentative Draft of "Act on Family Welfare" ((가칭)가정복지기본법 시안 작성의 필요성과 구성체계)

  • 송혜림;최연실;김난도
    • Journal of the Korean Home Economics Association
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    • v.39 no.10
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    • pp.69-81
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    • 2001
  • This study focused on the necessity and structural framework of tentative draft of "Act on Family Welfare". The background of this study started from the necessity that we need a holistic family welfare system to enhance the family function. The suggested act of family welfare is consisted on 4 parts, General Provisions, Arrangements of Basic Plan and Policy, Organizations and Facilities for Family Wefare and certified Personnel.

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A Review on the Direction of the Framework Act on Resource Circulation for Establishing a Resource Circulation Society (자원순환사회 형성을 위한 "자원순환기본법"이 나아가야 할 방향)

  • Lee, Il-Seuk;Kang, Hong-Yoon
    • Resources Recycling
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    • v.25 no.6
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    • pp.82-91
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    • 2016
  • The framework act on resource circulation was got through the Korea National Assembly in May, 2016. It is the most important to analyze and understand its purpose, main contents, and policy direction of the framework act because this act will lead the resource circulation policy. Korea government is going to enact subordinate statutes such as its enforcement decree and regulation to enforce the act in January, 2018. No later than enforcement of the act, its subordinate statutes should be studied indepth and consulted without any bias in order to satisfy the intent - promotion of transition toward a resource circulation society - of the act. Therefore, in this study, the points in dispute in the act are indicated and the issues and specific directions of key articles are reviewed. The ideas to maximize the effectiveness of its subordinate statutes are also suggested.

Rules in Disarray, Orientation Imposed: Establishment of the Framework Act on Science and Technology, 1998-2015 (분열된 규정, 일관된 방향 : 과학기술기본법의 제정과 그 결과, 1998-2015)

  • YOO, Sangwoon
    • Journal of Science and Technology Studies
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    • v.19 no.2
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    • pp.41-83
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    • 2019
  • Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.

The Evolution of Korea's Basic Acts on Science and Technology and their Characteristics

  • Lee, Changyul;Lee, Elly Hyanghee;Kim, Seongsoo
    • Asian Journal of Innovation and Policy
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    • v.10 no.3
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    • pp.355-379
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    • 2021
  • This study examined the evolution of S&T Basic Acts in Korea from the Science and Technology Promotion Act (1967) through the Special Act on STI (1997) to the Framework Act on Science and Technology (2001) in the following aspects: 1) comprehensive plans, 2) coordination mechanisms for S&T policies, 3) enforcement of R&D programs and performance diffusion, 4) promotion of human resources, 5) and S&T investment and budgeting. Before the Framework Act on S&T was enacted in 2001, critical issues were found in establishing S&T master plans, promotion of R&D programs, comprehensive coordination mechanisms, and R&D budgeting. The three Basic Acts have expanded the scope of regulation over time to cover the entire cycle of the S&T process. They concern a wide range of issues, including creating a basis for scientific and technological development, S&T promotion, disseminating and commercializing research outcomes, and preventing adverse effects from science and technology. The content of the Basic Acts has evolved in response to changes in the political, economic, and social environment of Korean industry during the past five decades.

The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer (소비자법 내에서의 소비자기본법상 집단분쟁조정제도의 역할과 과제)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.139-163
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    • 2008
  • The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.

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Significance and Challenges of the 4th Full Revision of the Fisheries Act (제4차 「수산업법」 전부개정의 의의와 과제)

  • Yong-Min Shin; Gyeo-Woon Jeong
    • The Journal of Fisheries Business Administration
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    • v.54 no.4
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    • pp.1-18
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    • 2023
  • This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.