• Title/Summary/Keyword: Law & politics research

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The Present State and Subject of Health Care Law System in Korea (우리나라 보건의료법의 현황과 과제 - 법정책학적 연구방법론을 중심으로 -)

  • Cho, Hyong Won
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.237-271
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    • 2013
  • There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

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The Effect of Legal Political Determination of Perpu Number 1 of 2020 on Financial Markets in Indonesia During the COVID-19 Pandemic

  • RAJAGUKGUK, Blucer Welington;NAJIB, Muhammad
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.655-664
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    • 2021
  • The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

Theoretical Foundations Of Election Campaign Research: Problems, Approaches And Methods

  • Dreshpak, Valerii;Pavlenko, Evgen;Babachenko, Nataliia;Prokopenko, liudmyla;Senkevych, Hennadii;Marchuk, Mykola
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.113-117
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    • 2021
  • The article defines the basic concepts: "election campaign", "social capital", "conversion of social capital"; the principles and methods of research of social capital conversion in election campaigns are studied; the process of using social capital in politics is defined; ways of converting social capital into politics are considered; the possibilities of converting social capital in election campaigns are described. Election campaigns have been found to be a successful form of social capital conversion. The ability to use social capital in the election campaign speaks of its high potential. Election campaigns are not an effective use of social capital.

Law, Communication and Politics : Yulgok's Thinking on Reform of Obnoxious Politics (법과 소통 그리고 정치 - 율곡의 폐정개혁론을 중심으로 -)

  • Choi, JinHong
    • (The)Study of the Eastern Classic
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    • no.36
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    • pp.301-332
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    • 2009
  • The 16 century Yulgok had lived have been evaluated as the golden age of Seonglihak(性理學) in Korea. However, on the contrary, excessively desperate was the real social and political situation which Yulgok had descirbed. Therefore, eventhhough the Seonglihak centered-reseach is meaningful, this research had the limitation in analyzing the politics in those times. In studying Yulgok's thought, the established researches had focused on philosophic theory centered-orientation. However escaping from that orientation, in this essay I try to restructure Yulgok's enlivened political experience that he had worldly seen, felt, heard and performed in 16th's real politics. While the established researches had absorbed in Kyeonghak(經學, the interpretaion of Confucian Cannon), I try to restore Kyeongse(經世, governing and managing the state) based on Yulgok's worldly political experience. The major concept on which I have focused is Pye(弊, the abnoxious custiom in political and official sphere). Yulgok's offical life had begun with the problematic of how to overcome Pye inherited by Kwongan(權奸, a politically villainous retainer). In the process, he had focused on the worldly performable issue, Minsaeng(民生, the livelihood of the people), not on the abstract and theoritical concept, Min(民, the people). He recognized the cause of desperate situation had resulted from Pyebeob(弊法, the obnoxious law, its system and its execution), and tried to reform Pyebeob in the various way. The next concern of Yulgok came to Pyejeong(弊政, the obnoxious politics, its system and its execution), which interrupted not to reform Pyebeob. According to Yulgok, Pyejeong resulted from the wrong fulfilment of official-scholar elite in government, and the distorted public opinion in governemt. This fact demonstrates two elements mentioned above had common root of the absence of communication of public opinion. Yulgok recognized the importance of Ui(議, the discussion) than of Ron(論, the dabate) and then reviving Ui, Yulgok had tried to arrange the foundation for the communication of public opinion in political sphere.

The China's Strategy against Korea-China FTA and its Policy Implications (중국(中國)의 한중(韓中) 자유무역협정(自由貿易協定) 추진전략(推進戰略)과 정책적(政策的) 시사점(示唆點))

  • Ku, Ki-Bo;Hong, Jung-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.223-247
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    • 2007
  • This paper focused on analyzing the effect against the Chinese Economy of Korea-China FTA and the trend of China-launching FTAs. And then this paper intended to deduce policy implications against the negotiations of Korea-China FTA. The points that Korea should consider in the process of the research and negotiations of Korea-China FTA are as follows: First, it is necessary that Korea should negotiate with China only in terms of the economic sector, excluding non-economic sectors which includes politics, national securities and so on. Second, Korea should put on the lists the every possible sectors that Korea has comparative advantages in. It is essential that the sectors include services in trade, TRIPs, ect. Third, the Korean government should put investment arrangements on the negotiating lists and ask China to afford a special favor to Korean investment In China. Forth, the Korean government should set the level of its tariff, considering the nation's trade deficit that Korea-China FTA will bing about.

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The Thought in Realism and View on Education Appeared in the Text, GUANZI(『管子』) (『관자(管子)』의 현실주의(現實主義) 사상(思想)과 교육관(敎育觀))

  • Shin, Chang-Ho
    • (The)Study of the Eastern Classic
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    • no.32
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    • pp.279-310
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    • 2008
  • In this research, the writer investigated the thought in realism and view on education appeared in the text, GUANZI("管子") roughly. The thoughts and contemplation in GUANZI mostly contain practical issues of politics, law and economy, as well as military policy and also get involved in the education pursuing an organic relationship therewith. In GUANZI, the rule of law and morality were applied to the politics in a harmonious fashion. Although the text upheld agrarian-oriented policy in connection with nation's economy, it, however, succeeded to secure the national wealth by having implemented the polices concerned with industry and commerce in an appropriate manner. In addition, he established strong military organization through political stability and by securing economic strength. In short, this is the policy in order to pursue 'a rich nation with a strong military.' Under such situation, education made a positive contribution to meet the realistic needs in order for reinforcement of politics, economy, and military. In the level of moral education that will set right the decorum and proprieties of the people, and their loyalty and integrity, vocational training that enabled the four divisions of society, that is, the official class, farmers, artisans and merchants, to carry out their given jobs successfully was highly valued in GUANZI. These are substantial efforts in order to establish the order of community by means of putting emphasis on people's morality and loyalty, and also to create the public weal through reinforcement of producing activities of each class of society. After all, the realistic thought and view on education appeared in GUANZI can be understood as an expression of strong will to accomplish national prosperity and military strength in order to overcome disturbing situations in the society in those days.

The Development of Tobacco Litigation in USA and it's Impact of Law and Politics in Public Health (미국 담배소송의 변천과 보건법정책 효과)

  • Kim, Un-Mook;Kim, Ji-Hyun
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.133-173
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    • 2011
  • Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educational role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

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A study on the policy of Korean Cultural Industry

  • Su, Shuai;Zhang, Fan
    • The Journal of Economics, Marketing and Management
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    • v.6 no.2
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    • pp.1-4
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    • 2018
  • Purpose - This research, based on the successful experience of Korea, especially of Korea government, which, though promulgating laws and making policies, plays an rather pivotal role in Korea cultural industry development process, in developing cultural industry, explores possibly successful path and pattern that is suitable for China cultural industry. Research design, data, and Methodology - The study conducted a survey on Korea's 2000-2011 year data. After empirically analyzing the data, we believe that cultural industry in Korea and China will maintain its growth momentum. Results - This study shows that China and Korea are both belong to the only cultural circle of Confucianism and Chinese character, therefore, to research the successful experience of Korea government in cultural industry development will do much good to better promoting the optimal development of China cultural industry. China can encourage private flow to take on enterprises. In terms of financing, diversification can be achieved, by the means of cash, land, intangible assets, technology, stock, bond, cultural lottery etc. Conclusions - Besides, to better the degree of the internationalization of the allocation of the cultural resources, China government can, under the condition that Chinese laws permit, encourage foreign capital to invest in Chinese cultural industry field.

THE POLITICS OF SOCIAL SECURITY AND RETIREMENT REFORMS AND RETIREMENT SAVINGS CULTURE IN SOUTH AFRICA

  • Nevondwe, Lufuno;Odeku, Kola;Matotoka, Mothlatlego
    • East Asian Journal of Business Economics (EAJBE)
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    • v.1 no.3
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    • pp.71-84
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    • 2013
  • Purpose: The South African government is determined in alleviating poverty while encouraging job creation and protecting the disposable incomes of poor households. This article looks at the challenges that are facing the South African Social Security system and argues that the provision of income security is amongst the most practical expressions of a nation's cohesion and values. Research Design, Data and Methodology: There are seven proposals in the Social Security and Retirement Reform and these proposals are based on the following two principal objectives of the government, that is, to ensure a basic standard of living and to prevent destitution in old age or in circumstances of unemployment or incapacity partly or wholly through redistributive measures, and to encourage savings to provide for the replacement of income on retirement, disablement or death through long-term insurance arrangements. Results: This article evaluates these seven proposals, state old age pension, wage subsidy, mandatory participation in a national social security system for all, mandatory participation in private occupational or individual retirement funds, Voluntary additional contributions to occupational or individual retirement funds, reform of the governance and regulation of the retirement funding industry and reform of the tax system. Conclusion: This article concludes that the population size of South Africa has increased significantly to 51, 8 million in 2011 and therefore the time is right for bold new steps in improving income security of the poor and strengthening the fabric of social solidarity that binds all South Africans together.

Rethinking Global Convergence in Bank Regulation (은행규제의 세계적 수렴에 대한 고찰)

  • Pak, In-Sop
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.195-262
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    • 2007
  • This paper attempts to assess the Basel Committee's bank supervisory standards and capital adequacy rules, and thereby rethink whether global convergence in banking regulation is desirable. To that end, it seeks to address the impetus for the creation of the Basel Committee, and explore driving forces behind the internationalization of bank regulatory and supervisory standards. Following the historical and theoretical analysis of the internationalization of bank regulatory standards, the movement toward global standards in banking is reviewed. More importantly, this paper seeks to explore the origins of the Basel Accord on bank capital adequacy. To do so, it largely relies on current theories on the process of negotiating the capital adequacy standards in the areas of political science and international political economy. At this point, this study takes a position as a break against the force of international market failure logic that has enjoyed an exceptionally positive reception among economists, political scientists, and legal experts. Nonetheless, it does not intend to freeze the international coordination and cooperation of banking regulation. Given the understanding of the politics behind the creation of the Basel Accord, this paper evaluates the Basel Accord of 1988 and the new capital adequacy framework(Basel II), and then moves beyond the assessment of the capital adequacy standards In doing so, this study draws lessons from Basel in search of a just world order in the global finance.

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