• Title/Summary/Keyword: Legal Politics

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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.

A Study on the Organizational Politics and Turnover Intention by Position in the Mergers and Acquisitions (M&A 과정에서 직급별로 인지하는 조직정치와 이직 의도에 관한 연구)

  • Jung, Byoungho;Lee, Jaejin
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.17 no.3
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    • pp.105-119
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    • 2021
  • The purpose of this study is to examine the organizational politics, resistance change, turnover intention, and organizational commitment of organizational members during mergers and acquisitions. Recently, many companies are interested in mergers and acquisitions for business diversification and market extension. A merger is a legal consolidation of two entities into one, whereas an acquisition occurs when one entity takes ownership of another entity's stock, equity interests, or assets. This research model establishes a structural equation model. This model is set in a causal relationship between manager's organizational politics, peer organizational politics, and change resistance and the change resistance has a causal relationship of turnover and tissue immersion. In particular, this study will test different of organizational politics by position. Research results, the organizational politics of managers and colleagues have shown increasing change resistance. The change resistance has resulted in a reduction of organizational commitment and an increase of turnover intention. Next, the position analysis showed that top management level, middle management level, and working-level officials showed different organizational politics. The working-level officials are influenced by their manager politics and are influenced in organizational commitment and turnover intention by change resistance. The middle manager level is influenced by the organizational politics of bosses and colleagues, and organizational commitment is weakened by change resistance. The CEO level is not affected by organizational politics in the company, but the turnover intention is strengthened and the organizational commitment is weakened by the change resistance. This study has contributed to further updating the theory of organizational politics based on mergers and acquisitions. As a practical implication, we suggest an organizational integration strategy for a new organization.

Approach to History and Problems of Health Insurance through Politics of Law (국민건강보험법의 발전과정과 법정책적 과제)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.37-68
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    • 2007
  • Health insurance has gone far toward solving Korea's health related problems through thirty years. Health Insurance as social security system has a role of national system to secure national health. But there are many problems in health insurance. There is a dispute about many issues, coverage of health security, compulsory appointment of health insurance organization, coverage and level of health insurance benefit, decisionmaking right of health insurance price, examination of health insurance etc. Generally, the opinion for health insurance policy to be leaded by nation sets against the opinion to be leaded by private sector. It is necessary to study politics of law, constitute law and comparative law for rational solving these problems. If desirable setting of health law system can be made, legal system must be set during a long time and be discussed synthetically in different standpoint.

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Limits of Multicultural Imagination and the Anti-Refugee Controversy in Contemporary China

  • Wang, Jing
    • Journal of Contemporary Eastern Asia
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    • v.19 no.2
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    • pp.125-147
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    • 2020
  • On the World Refugee Day in 2017, Yao Chen, a Chinese actress, philanthropist, and social media influencer, posted messages in her Weibo in support of the United Nations Refugee Agency (UNHCR). Yet, social media users quickly interpreted this supportive message of the refugee program as encouraging people to "accept and receive refugees" (jieshou nanmin) into China. Particularly, the category of Middle Eastern refugees elicited most criticism in China's cyberspace. As the inclusion of refugees is an integral part of immigrant multiculturalism, this article examines the limits of multicultural imagination of refugees―particularly those from the Middle Eastern and North Africa―in contemporary China. I argue that the limits of multicultural imagination in contemporary China is profoundly shaped by an intricate interweaving of domestic policies and global imaginaries toward refugees. By deploying a mixed methodology, such limits are examined from legal-institutional, ideological, and sociocultural perspectives. More specifically, three interrelated aspects will be highlighted in the article: (1) the global circulation of right-wing populism imaginaries, and their entanglements with the anti-Muslim sentiments in contemporary China; (2) the current insufficiency of the legal-institutional framework regarding refugees and asylum-seekers, which needs to be contextualized in China's modern history of dealing with refugee issues; (3) population politics, the rise of Han-centric nationalism, and their constraining impact on the interpretation of historical events related to cultural diversity. In conclusion, this article also offers potential implications for further examining the different yet potentially intersected genealogies of multicultural imaginaries beyond the Middle Eastern and North African refugees in Asia.

Plan of Constructing Facet Taxanomies of Information on News Articles - Focused on the area of Arts - (신문기사정보 패싯 택소노미 구축 방안 - 예술 분야를중심으로 -)

  • Chang, Inho
    • Journal of Korean Library and Information Science Society
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    • v.50 no.4
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    • pp.381-403
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    • 2019
  • Information on newspaper articles were categorized into different topics, and each categories within different topics were developed into a faceted taxonomies model which was combined with fundamental facets. After suggesting the plan to construct such a model, the research of actual faceted taxonomies were conducted. Faceted taxonomies divide information on news articles into different topics(such as politics, economies and others) and combine fundamental facets with categories(for example, politics can be sub-classified into general politics, administration, legal system, and others) and sub-categories. Each sub-categories can be further subdivided. In taxanomies, categories can have hierarchical relationships. Categories-Facets, for example, can be utilized to combine "arts" with "people", "action", "event", "time", "place" and others. And Sub-category of the classification of "arts" such as "art," "music," "dance" form hierarchical relationships with "arts" and, in turn, can be used for browsing and further inferences. Furthermore, combining category and facets results in hierarchical structure in order of fundamental facets. As for the pilot vocabulary construction, faceted taxonomies of 145 words from news paper articles on the topic of "arts" were constructed using all construction elements covered in this study.

Changes, Effects, Limitations of Legal System and Conditions of Its Reform for Women's Political Representation in South Korea (한국의 여성대표성 법제도의 변화·효과·한계 그리고 개혁의 조건들)

  • Kwon, Soo Hyun
    • Korean Journal of Legislative Studies
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    • v.27 no.1
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    • pp.41-77
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    • 2021
  • It has been 20 years since the gender quota system for expanding women's political representation was enacted. However, the proportion of Korean women's representatives has not exceeded 20 percent. This study examines how the gender quota system, public funding for women candidates, and public funding for women's development, which are the three pillars of the legal system to expand women's representation, have changed systematically over the past 20 years, how they affected women's representation, and what institutional limitations they have. In addition, it explores the im/possible conditions of reforms for expanding women's representation. To reform the legal system for women's representation, it is necessary to understand that Korea's political system is arranged in a gender-based way in a male-dominated structure, while also understanding that the existence of critical actors and mass driving reforms for gender equality in politics is essential.

The Correlation between Social Media and the Behaviors of the Supreme Court in Korea (소셜미디어와 대법원 판결의 상관 관계에 대한 분석)

  • Heo, Junhong;Seo, Yeeun;Lee, Seoyeong;Lee, Sang-Yong Tom
    • Knowledge Management Research
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    • v.22 no.3
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    • pp.31-53
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    • 2021
  • As a communication channel for individuals, social media is affecting various areas such as business, economy, politics, and society. One of the less-studied areas is the law. Therefore, this study collected various information from social media and analyzed its impacts on the legal decisions, especially the Supreme Court decisions in Korea. This study was conducted by compiling information from Internet news articles and public responses. We found that when the negative reactions from the public got higher, the trial duration until the supreme court making the final decisions became shorter. However, we were not able to find the significant relationship between social media reactions and dismissal of appeal nor annulment. Our study would contribute to the information systems and knowledge management research in a sense that the social analytics is applied to the area of legal decisions, instead of using conventional qualitative study methodology. Our study is also meaningful to the practitioners because that big data analytical business can be applied to the field of law by creating a new database for the emerging legal technology. Finally, law makers can think of a better way to standardize the legal decision process to minimize the reverse effects from social media.

The Truth about October Buma Uprising and Historical Reflection: Comparative Analysis of the Busan Uprising and Masan Uprising (10월 부마항쟁의 진실과 역사적 성찰: 10·16 부산항쟁과 10·18 마산항쟁의 비교분석)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.2 no.1
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    • pp.5-44
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    • 2018
  • The Buma Uprising, which took place in Busan and Masan from 16 to 20 October 1979, was a challenge against the contradictions of the Yushin Regime. Only after 6 days from the insurrection, the 10 26 Accident transpired, in which the then president Park Chung-hee was assassinated, and the Buma Uprising, which acted as the fuse to the shooting, remained as an 'incomplete uprising'. To commensurate with the subject of the paper 'The Truth about Buma Uprising and Historical Reflection', the purpose of this study is to explore how the uprising began, unfolded, and oppressed by comparing it with Busan Uprising and Masan Uprising. It also focuses to discuss, in detail, the effect of the demonstration by college students and the general public and suppression by the forces of the police and military on President Park and his government. This year, we celebrate the 39th anniversary of Buma Uprising, and with all the issues of discovering the truth, restoration of reputation and more, there are decisions and resolves to make including amendment of the legal system. However, there are certain groups of people who act as they led the uprising and mislead and exploit the facts of the events through illegitimate records and testimony, making it impossible to determine the truth. Discovering the truth will require acquisition of objective materials, testimony of those involved in the event and field research as well as imposition of legal and social punishment on those who distorted the truth about the event.

Forty years of the Outer Space Treaty : the problem inherent in governing the weaponization of the outer space (우주조약 체결 40년 : 우주의 군사적 이용 규율 문제)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.207-223
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    • 2008
  • The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

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