• Journal of Legislation Research
• /
• no.44
• /
• pp.211-239
• /
• 2013

In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

• Health Policy and Management
• /
• v.29 no.4
• /
• pp.382-393
• /
• 2019

The right to petition is a classical right of the people in constitutional states, and in Korea, it is a statutory right in the Constitution, the National Assembly Law, the Petition Law, and the Local Autonomy Act. The healthcare community first made a successful petition to the National Assembly when it achieved the amendment of the Government Organization Act through a petition to the National Assembly for the independence of the Ministry of Health, and this achievement served as the basis for further petitions. Since then, the healthcare community has successfully achieved the enactment and amendment of related occupational laws through National Assembly petitions, such as the amendment of Article 41, Paragraph 7 of the former Medical Insurance Act (Korean Medical Association, 14th Assembly), enactment of the Dental Health Act (Korean Dental Association, 15th Assembly), and amendment of the Health Functional Foods Act (Korea Pharmaceutical Association, 16th Assembly). Its petition accomplishment rate is higher than the total petition accomplishment rate of the Health and Welfare Committee of the National Assembly. However, along with the overall decrease in the number of National Assembly petitions, the Korean Medical Association and Korea Pharmaceutical Association have not achieved any results through petitioning since the 16th Assembly (June 2000), and the Korean Hospital Association and Korean Nurses Association have not achieved any results through petitioning since the 17th Assembly (April 2004). Furthermore, no National Assembly petitions have been made at all for 5 years (2014-2018). The Korean Medical Association and Korea Pharmaceutical Association previously showed a high petition accomplishment rate through their accumulated experience with National Assembly petitions and vigorous policy assistance from doctors/pharmacists/nurses turned lawmakers. More specifically, healthcare organizations have achieved results by actively conducting organized activities with the National Assembly, as implemented by a national assembly director and employees, and in case of petitions for legislation, each group has established infrastructure for reviewing the relevant laws by appointing a legislative director, as well as a legal advisor and advisory counsel. Although the organization that has submitted the most petitions to the National Assembly is the Korean Hospital Association, the group with the highest petition success rate is the Korean Medical Association, which may be linked to the relatively high proportion of doctors who have become lawmakers. Furthermore, the fact that other healthcare organizations were highly interested in petitioning the National Assembly has had major implications for the petition activities of healthcare organizations.

• 한국항공우주법학회:학술대회논문집
• /
• 2008.05a
• /
• pp.273-294
• /
• 2008

Korea now has a rapidly expanding space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in 1987, a Space Development Promotion Act in 2005 and a New Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a draft for the establishment of a new Korean National Space Development Agency (KNSDA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation, China Aerospace Science and Industry Corporation, Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. A call is made for Asian countries to unite and further their space development through a regional space agency.

• Journal of the Architectural Institute of Korea Planning & Design
• /
• v.36 no.4
• /
• pp.93-101
• /
• 2020

The purpose of this study is to suggest public roles and responsibilities about Architecture Heritage under Act on Value Enhancement of Hanok and Other Architecture Asset by analyzing the Architecture Heritage System of Spain. The case study on Spain, Catalonia, Barcelona's Act of architectural heritage was conducted to analyze the laws and guidelines related to Architectural Heritage and to confirm the perspective on Architectural Heritage and roles by subjects through interviews with the department in charge. The role of the central governments is to the responsibility of preservation that can be offset by create incentives and expand programs to create consensus among citizens. The architecture asset survey, which is the responsibility of the municipal governments, should increase confidence by the detailed survey to define the authority and role of the basic local government. And the municipal governments must increase the architectural heritage more support and incentive. Excellence architectural assets must diversify the range of incentive and preservation, and ask for registration that various subjects can apply it by expanding category of application to public sector, non-governmental organization, citizens rather than an owner.

• Informatization Policy
• /
• v.19 no.4
• /
• pp.83-104
• /
• 2012

Information sharing is one of the key factors enhancing government efficiency and public convenience. However, critics argue that Korean government is now facing various kinds of barriers such as insufficient collaboration among agencies, inappropriate statutes, and technical problems. Thus, this study aims to develop policy alternatives that help resolve the existing problems suggested above. In order to achieve research objectives, this study employs both quantitative and qualitative methods as ways to investigate different dimensions of information sharing in government. Both survey and interview include six dimensions such as organization, technology, culture, management, policy and law. The results show that Korean government needs to implement following alternatives; developing its own database that helps support government decision making, changing organizational culture, continuous extension in terms of the number of object information and affiliated agency, and developing a statute dealing with government information sharing.

• Land and Housing Review
• /
• v.6 no.4
• /
• pp.177-184
• /
• 2015

This study is focused on the public developer's role of urban regeneration projects in Japan to derive implications for economy-based-urban regeneration programs by the Special Act on Activation and Support for Urban Regeneration (Urban Regeneration Special Act). 4 case studies; Otemachi 1-1, Shinonome, Shibuya Station and Osiage-Narihirabashi were delivered to review public sectors' roles. Central government, local government and public developer play key roles each step. Urban Regeneration Special Act doesn't set up public sector's role to deliver urban regeneration projects after establishment of master plan. These cases build the governance organization to deliver urban regeneration projects among diverse interest groups including private sectors and landowners. Especially, public developers play a key role as a coordinator and a developer throughout whole urban regeneration projects.

• The Korean Journal of Archival Studies
• /
• no.53
• /
• pp.229-259
• /
• 2017

The purpose of this study is to find out the level of the classification system of the government-funded research institutes and to search the future direction of the classification scheme of these research institutes. As a result of analyzing the classification system and regulations of the 23 government-funded research institutes, it is found that the regulations of the records management of most institutions are basically based on other regulations before Public Records Act. In addition, there are not many institutions in which the record production system that reflects the Public Records Act is introduced, and the production and classification of the records are performed separately, and the classification scheme in which the organization classification and the functional classification are mixed is often used only as a reference tool for setting retention period. To overcome this situation, it is necessary to improve the regulation, classification scheme and system. The revision of the law at the national level and establishment of records management regulations at the institutional level should be made. A special classification scheme for 'research' which is a core function of the research institute should be designed and this classification scheme must be applied from the registration stage of records. The fact that the record management obligation is ignored and the production records are not properly managed is to deny the value of the research field records by themselves. I hope that the records management of government-funded research institutes will be moved in place as soon as possible and practical issues will be communicated to academia and good ideas for better development will be returned to the field of practice.

• Journal of Legislation Research
• /
• no.44
• /
• pp.103-153
• /
• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.101-124
• /
• 2011

Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

• Proceedings of the KSR Conference
• /
• 2007.11a
• /
• pp.719-728
• /
• 2007

Recently the assurance of railroad safety is very important issue in KOREA because there are lots of changes in the railroad industries. The Railway Safety Act was established in order to cope with these changes effectively and prevent the railroad transportation accidents. According to this law, Korea Transportation Safety Authority (KOTSA) has been entrusted with 'Integrated Railroad Safety Audit (IRSA)' and has implemented the safety audit to the railroad operation agencies such as Korea Railroad (KORAIL) and the railroad facility management organization such as the Korea Rail Network Authority (KR Network). The target of IRSA is to establish the effective rail safety management system and to raise the safety level of the railroad operation and facility agencies by checking synthetically their performance of safety duties with sincerity according to the Railway Safety Act. The purpose of this paper is to improve the efficiency of IRSA by the comparative research between IRSA and other similar safety audit system. To study the efficiency of IRSA, we investigated the rail safety audit systems of EU system specially France, England where the big changes have happened for the rail operation concepts and Japan where government entity control the railroad safety. The international standards of Occupational Health & Safety Assessment Series (OHSAS 18001), Quality Management System (ISO 9001) and Guidelines for Quality and/or Environmental Management Systems Auditing (ISO 19011) are investigated.