• Title/Summary/Keyword: Korea Constitutional Court

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The Role of Transformational Leadership in Building Organizational Citizenship: The Civil Servants of Indonesia

  • HAPSARI, Diana;RIYANTO, Setyo;ENDRI, Endri
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.2
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    • pp.595-604
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    • 2021
  • For civil servants in the legal sector, the best performance that must be shown is not how they carry out activities following standard operational procedures but what is more important is how they show Organizational Citizenship Behavior (OCB) in daily activities. This study aims to examine what factors influence the formation of OCB civil servants in the legal sector in Indonesia. The study was conducted on 145 civil servant respondents who were involved in secretarial activities, each from the Judicial Commission Secretariat, the Attorney General's Office, the Ministry of Justice, the Supreme Court, the Police Headquarters, and the Constitutional Court. The research methodology used Partial Least Square (PLS) Version 3.0. The empirical findings of the research show that organizational culture has a significant influence in shaping transformational leadership that can build OCB among civil servants in Indonesia. This effect is much larger and more significant than the compensation system, which is widely believed to be the main factor in forming OCB, such as the results of previous studies. The results of this study imply that the formation of an organizational culture with values that can create high work productivity which has an impact on transformational leadership styles in building OCB.

Through SNS and freedom of election Publicized criminal misrepresentation (SNS를 통한 선거의 자유와 허위사실공표죄)

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.2
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    • pp.149-156
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    • 2013
  • In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

The Constitutionality of Individual Mandate under the U.S. Patient Protection and Affordable Care Act of 2010 (미국 의료개혁법의 의료보험 의무가입 제도에 대한 연방대법원의 합헌결정)

  • Lee, Won Bok
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.275-302
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    • 2013
  • The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.

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The Exploratory Study on Prevention of illegal Medical Advertisement in Healthcare Market

  • Jeun, Young-Ju
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.5
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    • pp.105-110
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    • 2017
  • It is natural that the medical advertisement should be guaranteed as part of the basic commercial activities of medical institutions. However, the general public are non-specialist and they have less informed about medical care than medical specialists, and it is not easy to judge and select medical information. Also, if someone damaged by illegal medical advertising, it cannot be recovered to the original. In this regard, medical advertising has been legislated so that medical organizations can pre - screen the medical laws. However, In December 2015, after the Constitutional Court ruled unconstitutional preliminary censorship, it became virtually impossible to pre-screen. In recent years, illegal medical advertisement have been on the rise, and false and exaggerated medical advertising are increasing the damage to medical consumers. Therefore it is urgent to take countermeasures about this. Thus, this paper try to analyzes the characteristics of general commercial and other medical advertisements and looks for alternatives that can minimize the damage caused by illegal medical advertisements and institutional weaknesses by analyzing the regulatory trends in medical advertising.

A Study on Main Issues of the Constitutional Petition against "the Newspaper Law" (신문법 위헌소송의 주요 쟁점에 관한 연구)

  • Lee, Yong-Sung
    • Korean journal of communication and information
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    • v.33
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    • pp.227-251
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    • 2006
  • The Law Ensuring the Freedom and the Functions of Liability of the Newspapers ("The Newspaper Law") which was passed in the National Assembly on January 1, 2005 is considered as a tremendous setback compared to "the Newspaper Bill" of civil press organizations. Of the two instruments to ensure the editorial freedom, the regulation on the newspaper company ownership share distribution was eliminated and the editorial committee (editorial codes of ethics) became an arbitrary system. That is, the Newspaper Law was criticized as a law of "half-success." However, the Newspaper Law has its own benefit by institutionalizing the establishment of the Korea Commission for the Press, the Press Fund, and the Korea Newspaper Circulation Service for Promoting Newspaper Businesses and by strengthening the criteria to estimate market dominant businesspeople in newspaper market than general markets to ensure the diversity of public opinions. As the Newspaper Law was promulgated, Donga-Ilbo and Chosun-Ilbo submitted the Constitutional Petition against "the Newspaper Law" and the Constitutional Court is expected to give the decision soon. Based on the "Supplements on the Grounds of the Constitutional Petition against the Newspaper Law" ("the Petition"), this paper will examine the main issues of the debates over the Constitutionality of the Newspaper Law.

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School Zone Automobile Accidents in Republic of Korea: Comparative Law Analysis on Criminal Responsibility of the Driver

  • Byung-Woon Lyou
    • Journal of Auto-vehicle Safety Association
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    • v.15 no.3
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    • pp.7-16
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    • 2023
  • In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.

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
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    • v.32 no.4
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    • pp.723-736
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    • 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.

A Study on the Improvement of the Unconditional Right to Informational Self-Access Based on the Status of Domestic and Foreign Legislation and It's Application to Domestic Corporations (무조건적 자기정보접근권 부여에 대한 국내외 규제현황 및 사례분석을 통한 개선방안 연구)

  • Bae, Jin-ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.3
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    • pp.591-605
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    • 2017
  • The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

The right to life and Capital punishment (헌법상 생명권과 사형제도)

  • Lee, cheol-ho
    • 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.

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A STUDY FOR THE DIRECTION OF THE DENTAL SPECIALIST SYSTEM IN KOREA (치과전문의제도의 나아갈 방향 모색)

  • Shon Guk-Ho;Kang Hyun-Ho;Lee Hwa-Yeon
    • The Journal of Korean Academy of Prosthodontics
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    • v.39 no.4
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    • pp.433-443
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    • 2001
  • The aim of this study was to evaluate the dental specialty system from the viewpoint of korean constitution. An attempt to introduce a dental specialty system has been repeated many times, but it was interrupted by the dispute of the interested parties, especially general practice dentists, trained dentists and the authorites concerned. The korean constitutional court decided on July 16th 1998 that the lack of the examination to be a dental specialist was against the korean constitutional law and the authority concerned should prepare the legal procedure for the dental specialist examination in proper time. Though the dental specialty system may be discussed in a variety of view, it should be established on the ground of the korean constitutionalism. According to the korean constitution, all the people can develop their abilities at the maximum and have their dignity, preciousness and right to seek their happiness. With the view of spirits of the constitution, dental specialty system should be more open widely to those who want to be a specialist. It should be also allowed to the dental specialists that they reveal their specialty and creativity. However, the representatives of the korean dental association(KDA) decided at the 50th annual meeting that the dental specialists should not reveal or annonce their specialties at the first step of the dental care and all the present dentists give up to be specialists. As conclusion of this study the proposals of the KDA seems to be against the korean constitution and hardly fulfills the needs of the times.

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