• Title/Summary/Keyword: Legal Politics

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Developing organizational system for safety management of sport facilities: Focusing on cases in Japan and Germany

  • Seo, Won-Jae;Park, Seong-Hee;Kim, Nam-Su;Moon, Bo-Ra;Han, Seung-JIn
    • Journal of Sport and Applied Science
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    • v.2 no.1
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    • pp.11-23
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    • 2018
  • In spite of importance of safety issues in community sport, little concerns have been paid to the sport safety policy. Governing bodies and individuals involved with the facility management have a responsibility to manage the risks at acceptable levels. For sports injury prevention interventions, the safety policy of sport facilities should be made to provide a structured framework which can be implemented at community sport. Hence, the current study is to identify the safety issues and to generate the policies that assist to conduct the systematic safety management at sports facilities. For this, the current study analyzed two cases from Japan and Germany. The study reviewed multiple pieces of literature including journal publications, political reports, and media coverage. Through review, the study analyzed the organizational structure, legal systems, and political stance of the safety management of sport facilities in Japan and Germany. The results proposed the following issues. First, law needs to be enacted to establish the control tower where has a responsibility to develop the safety manual and system. Second, local organizations need to be established to educate individuals working in sport facilities and inspect the facilities. Further political issues were discussed for safety management in Korea sport facilities.

A Study on Legislative Conflict for Se -Jong City (세종시 설치를 위한 입법갈등에 관한 연구)

  • Kim, Yong-Chul
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.71-80
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    • 2014
  • This study focus on the legislative conflict for Se-Jong City In case of this paper, the law of administration agency centered is based on the conflict of legislative conflict present government at that time suggested the amendment of that legal status because of so many inefficiency and negative effects regardless of opponent asserts. Here there were a deep various political interests fundamentally both of sides. Legislative conflict here affects the regional conflict among the benefits and indirect benefits or nothing in any area. As the result, political interest deeply which was connected in politics influenced the big national issues, not to amend as a result government failure will be come.

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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Consultative Democracy in Contemporary China: From a Perspective of Popular Sovereignty (인민주권론의 관점에서 본 중국 협상민주주의(协商民主))

  • Yoo, Eunha
    • Analyses & Alternatives
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    • v.4 no.1
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    • pp.39-61
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    • 2020
  • The Chinese Communist Party's 'with-Chinese-characteristics' discourse proclaims its superiority in reflecting people's genuine needs without poisonous partisan politics, as in Western democracies. The Party's Consultative Democracy is key to this superiority. To evaluate Consultative Democracy in Contemporary China from a perspective of popular sovereignty, which is the essential purpose of every kinds of democracy, this research looks into Consultative Democracy from two dimensions: theoretical dimension and institutional dimension. Theoretically, CCP's Consultative Democracy seeks its theoretical sources from their traditional thought as well as from Marxism, and especially emphasizes CCP's leadership to fulfill the consultation results. And through the analysis of various field investigations, we find that there are some prominent problems in grass-roots society's institutional mechanism for Consultative Democracy, such as insufficient connection between institutional innovation and existing legal system, inefficient consultation, insufficient representation of consultative subjects and weak motive force for sustainable development. By legitimizing certain groups or individuals as representatives in their consultative process, CCP can be de-legitimize by containing, dividing or denouncing others so that critics can be co-opted, neutralized or isolated. The CCP's consultative and representational processes are different from taking policy inputs as dialogue or negotiation as in democracies, it is a dynamic, largely one-way process of enforcement and direction with a clear political agenda: maintaining Party hegemony.

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The Europeanization of Bulgarian Nationalism: The Impact of Bulgaria's European Union Accession on Bulgarian-Macedonian Relations

  • Benedict E., DeDominicis
    • International Journal of Advanced Culture Technology
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    • v.10 no.4
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    • pp.39-66
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    • 2022
  • Modern Bulgarian nationalists aspired towards incorporating the self-identified Bulgarian lands into the Bulgarian state. The Treaty of San Stefano ending the Russo-Turkish War of 1877-78 tantalizingly achieved these so-called national ideals. Great Power diplomacy quickly diminished Bulgaria's borders and international legal status with the 1878 Treaty of Berlin, exacerbating nationalist grievances. Bulgaria would expand vast resources to restore the San Stefano borders until Balkan Communist authoritarian regimes eventually suppressed the Macedonian issue as a foreign policy subject. Sofia's policy towards its neighbor has been overdetermined by the efforts of successive Bulgarian governments to institutionalize post-communist Bulgaria's own national identity. Bulgaria's integration into so-called Euro-Atlantic structures, i.e., NATO and the EU, had been the primary strategic objective of the Bulgarian authorities since the end of the Zhivkov regime. North Atlantic community security policy aims in response to the earliest post-Cold War foreign policy crises in the Western Balkans framed the parameters of Bulgarian diplomacy. The stabilization of FYROM in 2001, followed by Bulgaria's 2007 EU accession, led to Bulgarian nationalist values become more salient in Bulgarian politics and foreign policy. Sofia-Skopje relations are a test case for the effects of Europeanization on interdependent Balkan ethno-sectarian nationalisms and state territorial institutional development.

International Legal Regulation for Environmental Contamination on Outer Space Activities (우주에서의 환경오염 방지를 위한 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.153-194
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    • 2009
  • The resources of outer space are for the common exploitation of mankind, and it is a common responsibility of mankind to protect the outer space environment. With the rapid development of space science and technology, and especially with the busy space activities of some major space powers, environmental contamination or space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Especially We must mitigate and seek out a solution to remove space debris which poses a threat directly to man's exploitation and use of outer space activities in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law, in order to safeguard the life and property of mankind and protect the earth's environment. While the issue of space debris has been the subject of scientific study and discussion for some time now, it has yet to be fully addressed within the context of an international legal framework. During the earlier stages of the space age, which began in the late 1950s, the focus of international lawmakers and diplomats was the establishment of basic rules which sought to define the legal nature of outer space and set out the parameters for space activities and the nature and scope of activities carried out in outer space were quite limited. Consequently, environmental issues and the risks that might arise from the generation of space debris did not receive priority attention within the context of the development international space law. In recent years, however, the world has seen dramatic advances in technology and increases in the type and number of space-related activities which are being carried out. In addition, the number of actors in this field has exploded from two highly developed States to a vast array of different States, intergovernmental and nongovernmental organizations, including private industry. Therefore, the number of artificial objects in the near-Earth space is continually increasing. As has been previously mentioned, COPUOS was the entity that created the existing five treaties, and five sets of legal Principles, which form the core of space law, and COPUOS is clearly the most appropriate entity to oversee the creation of this regulatory body for the outer space environmental problem. This idea has been proposed by various States and also at the ILA Conference in Buenos Aires. The ILA Conference in Buenos Aires produced an extensive proposal for such a regulatory regime, dealing with space debris issues in legal terms This article seeks to discuss the status of international law as it relates to outer space environmental problem and space debris and indicate a course of action which might be taken by the international community to develop a legal framework which can adequately cope with the complexity of issues that have recently been recognized. In Section Ⅱ,Ⅲ and IV of this article discuss the current status of international space law, and the extent to which some of the issues raised by earth and space environment are accounted for within the existing United Nations multilateral treaties. Section V and VI discuss the scope and nature of space debris issues as they emerged from the recent multi-year study carried out by the ILA, Scientific and Technical Subcommittee, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space ("COPUOS") as a prelude to the matters that will require the attention of international lawmakers in the future. Finally, analyzes the difficulties inherent in the future regulation and control of space debris and the activities to protect the earth's environment. and indicates a possible course of action which could well provide, at the least, a partial solution to this complex challenge.

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Legal implications of missile test moratorium by the North Korea (북한의 미사일발사 실험 유예조치의 법적 의의)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.105-123
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    • 2007
  • 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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Legal implications of missile test moratorium by the North Korea (북한의 미사일발사 실험 유예조치의 법적 의의)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.87-104
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    • 2007
  • 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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Features of International Marriage of Vietnamese Immigrant Women and Plans for Institutional Improvement (베트남결혼이주여성의 혼인의 특징과 국제결혼의 제도적 개선 방안)

  • Moon, Heung-Ahn
    • Journal of Legislation Research
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    • no.44
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    • pp.757-799
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    • 2013
  • Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

President Park Chung-Hee's Greed for Dominance and Oppression during Yushin Regime: The National Council for Unification Subject, President's emergency rule, and Buma Uprising (유신체제시기 박정희 대통령의 집권욕과 폭압성: 통일주체국민회의·대통령긴급조치·부마항쟁)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.1 no.2
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    • pp.33-84
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    • 2017
  • This study deals with President Park Chung-hee's greed for dominance and oppression during the Yushin Regime in the 1970's and consists of case studies related to anti-democracy of the National Council for Unification Subject, illegality of President's emergency rule and oppression in the process of putting down Buma Uprising. The National Council for Unification Subject was an organization for presidential selection and institutionalized by the enactment of Yushin constitution. Emergency rule was carried into effect as a means to repressing college students and forces out of office for the president's long-term seizure of power. And Buma Uprising rose against violence in resistance to the Yushin regime and president Park Chung-hee's greed for dominance and oppression. These case analyses applied the aspects of causal relationship(birth and fall of Yushin Regime), legal system(Yushin constitution and president's emergency rule) and behavior(President Park's greed for dominance and oppression) for this study. The National Council for Unification Subject institutionalized through Yushin constitution and the Yushin regime formed by emergency rule enabled President Park to cling to long-term seizure of power by means of greed for dominance and oppression. After all, his failure to keep the spirit of the time and stepping stone for democratic constitutional government triggered Buma Uprising, a kind of anti-Establishment movement, and caused the fall of the Yushin regime.