• Title/Summary/Keyword: Legalism

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Encounter Measure System Against Cyber-Terror And Legalism (사이버테러 대응체제와 법치주의)

  • Jeong, Jun-hyeon;Kim, Kui-nahm
    • Convergence Security Journal
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    • v.4 no.3
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    • pp.83-90
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    • 2004
  • Preventive measures and control over cyber terrorism in Korea is a complex problem. Today laws should meet requirements made by modern technologies development, Law enforcement, special services and judicial system cooperation, their efforts coordination and their material security are priority directions, None of the country is able to prevent cyber terror independently and international cooperation in this field is vital. Taking the above into consideration, we propose and inisit that National Intelligence Service(NIS) should share cyber terror data with Police Agency and have top police authority over the cyber terror.

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A Critical Examination of Convergence Studies on Media Policy Institutions (방통융합 관련 법제개편 논의의 비판적 분석)

  • Kim, Pyung-Ho
    • Korean journal of communication and information
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    • v.30
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    • pp.121-141
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    • 2005
  • Most of the convergence studies argue the reform of the current policy regime of broadcasting and telecommunications in Korea from two perspectives: 1) the media governance perspective and 2) the media industry perspective. The former emphasizes the need of integrity, consistency and efficiency of the regime in the convergence environment, while the latter focuses upon the growth and development of the media industry making the best of economic and industrial opportunities that are spawned by digital convergence. Although their arguments are logical and robust, they are lopsided in terms of legalism and myopic economism due to the linear perception of institutionalism, Bureaucratic administrative practices as well as ostentatious IT policies that have chronically plagued the policy regime in Korea cannot be resolved by simply assimilating distinct regulatory bodies and laws. Unless these two issues are properly addressed, the convergence of media policy institutions would end up a half-success or half-failure contrary to the exportations of existing studies.

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The effect of ancient Chinese philosophy on Chinese clothing culture

  • Cao, Zhenyu;Cao, Yuanqian
    • The Research Journal of the Costume Culture
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    • v.20 no.5
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    • pp.766-774
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    • 2012
  • Ancient Chinese philosophy has had a profound influence on Chinese clothing culture. The researchers reviewed five ancient Chinese philosophical thoughts on Chinese clothing culture. The results show that they had different view of point. The Confucianism advocated "being elegant and refined in manner". Dong Zhongshu believed "Interaction between heaven and mankind is the center of Dress rules". Mohist insisted "Clothing should meet warm first, and then seek for beauty ". Taoism believed "Although a gentleman wears coarse clothes, he has gem in his chest". Legalism believed "Clothing should focus on quality rather than decoration". These philosophy thoughts all have had a profound influence on Chinese clothing culture.

The Aspect to Receive Pre-Chin Study of One Hundred Schools in Cho Sun Dynasty-Centered on the criticism and understanding of Hsün Tzu (조선조에서의 선진(先秦) 제자학(諸子學) 수용 양상 - 순자(荀子)에 대한 비판과 이해를 중심으로 -)

  • Yun, Muhak
    • The Journal of Korean Philosophical History
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    • no.25
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    • pp.251-292
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    • 2009
  • In this thesis, the status of Pre-Chin Study of One Hundred Schools in the history of Korean thoughts, and in addition, the reception of $Hs{\ddot{u}}n$ Tzu's ideology and the aspect of its development in Korea were examined. Moreover, the different understandings of $Hs{\ddot{u}}n$ Tzu and their trend of the times were summarized through the intellectuals' collection of works from the end of Goryeo Dynasty and the beginning of Cho Sun Dynasty to 18-19 century. What was revealed through the study can be summed up as the followings. From the age of Three States to the middle part of Goryeo Dynasty, few intellectuals regarded other schools or philosophers among Study of One Hundred Schools as heresies and blamed them. However, since Mencius had been established as the legitimate classical scripture of Confucianism after the end of Goryeo Dynasty and the beginning of Cho Sun Dynasty, other Pre-Chin philosophers including $Hs{\ddot{u}}n$ Tzu had started to be regarded and criticized as heresies. Intellectuals of Goryeo Dynasty and the early Cho Sun Dynasty made various estimates on $Hs{\ddot{u}}n$ Tzu's doctrine of the evilness of human nature, but we can see the understanding of $Hs{\ddot{u}}n$ Tzu became deeper. In the heyday of Neo-Confucianism in Cho Sun Dynasty, the intensity of the criticism on $Hs{\ddot{u}}n$ Tzu by intellectuals rather tended to decrease, compared to that of the early Cho Sun Dynasty, which produced contrary evidence that the world view of Sung Confucianism, based on Mencius' doctrine of the goodness of human nature, had been already established. Also, even the intellectuals criticizing the evilness of human nature positively quoted $Hs{\ddot{u}}n$ Tzu's other ideas in general. In 17th century, there were some arguments to conclude $Hs{\ddot{u}}n$ Tzu as Legalism, but the general trend came to accept Study of One Hundred Schools constructively, challenging the authority of Sung Confucianism, or based on positive school. In 18th century, it can be confirmed that the understanding on $Hs{\ddot{u}}n$ Tzu became broader, and particularly in the historical research of letters, $Hs{\ddot{u}}n$ Tzu's original texts and annotations were used in many ways. In short, the intellectuals' criticism on $Hs{\ddot{u}}n$ Tzu in Cho Sun Dynasty was always grounded on his argument of the evilness of human nature, and furthermore, on connecting it to Legalism, related to the Fenshukengru. On the other hand, it can be said that they generally accepted other ideas of $Hs{\ddot{u}}n$ Tzu positively, except for the idea of the evilness of human nature. However, it's worth paying attention to the fact that those intellectuals who criticized $Hs{\ddot{u}}n$ Tzu could easily meet with the books of Study of One Hundred Schools, and relatively had an open attitude in terms of knowledge.

A Study on the Legal Regulation in the Management of Public Technology (공공기술 관리의 법적 규제)

  • Yun, Jong-Min;Heo, Jeon
    • Journal of Korea Technology Innovation Society
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    • v.9 no.3
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    • pp.578-605
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    • 2006
  • This paper aims to review the regulations in the field of science and technology administration, especially the legal regulations in the management of public technologies. For this purpose, after reviewing the legal system and contents of regulation, analyze and estimate the adequacy and validity of them. So that, in this paper it is layed emphasis on that whether the regulation system is proper in point of legalism or theory of regulation law, and the regulations are appropriate when comparing with that of foreign countries, and the improvement is necessary in operating regulation system itself.

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A Study on the Integration of Framework National Tax Basic Act and Local Tax Basic Act (국세기본법과 지방세기본법의 통합과 체제 개편에 관한 연구)

  • Kim, Woo-Young;Kim, Keum-Young
    • Asia-Pacific Journal of Business
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    • v.9 no.2
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    • pp.75-103
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    • 2018
  • The tax system in Korea is the so-called one-item-one-tax law which has separate tax law for each taxation according to tax law. The common and procedural aspects of these tax laws are the same or similar, but they are separately prescribed by the National Tax Basic Act and the Local Tax Act. These legal systems complicate the tax law and increase the cost of tax cooperation, resulting in tax inefficiency. In this study, the National Tax Act and the laws of the Local Tax Act are integrated and presented. It is proposed that the common provisions should be integrated into a single law and the unique matters should be defined in each of the National Tax Basic Act and Local Tax Basic Act, by comparing and analyzing the provisions of the National Tax Basic Act and the Local Tax Basic Act. The integration of the common elements of the National Tax Basic Act and the Local Tax Act is expected to improve tax efficiency by reducing tax complexity and tax cooperation costs. In addition, the National Tax Act and the Local Tax Act are expected to maintain the characteristics of the National Tax Basic Act and the Local Tax Act when they are specified in the National Tax Basic Act and the Local Tax Basic Act. This study is expected to be a research that can reduce tax inefficiency and help convenience of taxpayer and tax administration.

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THE SITUATION AND DEVELOPMENT OF SECURITY GUARD WORKS ON OUR COUNTRY (우리나라 경호업의 현황 및 발전방안)

  • Park, Ju-Hyeon
    • Korean Security Journal
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    • no.1
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    • pp.123-134
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    • 1997
  • Our conuntry have come out to the phenomenon to the atrocity crimes, make into a intellecture crims and specialization with them due to various change to the expension of economy growth, drift of population to cities and sense of value is plunged in confution, Now that things have come to this day, since foundation of the security guard law it first begin, ten years, civilian securities guard law was include to the civil service securities law due to amendment fo the civility secuties law newly on Dec. 30, 1995. According to the amendment, the part of the public peace of peoples livelihood were slough of the visual angle in knowledge which function of the civilies security were only be in under the government dimension were put in order to be tointly according to the such state of affairs, should found the consider a counterplan fundamentally regarding to the what to doing efforts foster the civilities securitylaw and qualitalive elevation of presidential guards. To make a long story short by few words, the question resolves itself into the following five points. The first, peoples arrengements for the attitude fo public duty service with devotedly Sustaining publicity work activities for the thire divert of the understanding of civilian security guard. The secondly, Existing security traders and security association should to support to the civilian security works. The third, The government office concerned should strengthen the licensing system in order to improve the quality of existings in order to may establishment newly systems of license and technical institute of regarding to them. The fourth, Should be newly organixed the exclusive organization of personal protective works in the police buroau for the sustaining development of civirity guard works and soundness of the upbringing. The fifth, It is necessary to found the reserch institute for the study on oretical, scholarly, study for the technical reserch and enlargement of effeciveness And try to find a solution to the Universitys function and duty, activity plan, support plan to the Department of security specialist for the come forward in succession it under the national assistance. The finally, I am sure that the Korean security association could be transiormed into the organization which reliable and receive a love from the peoples when doing best utmost to do pursuit of the structure to be a securitys legalism, specialization and total security systems.

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The Characteristics and Limitations of 'Automatic Submission of Budget Bills to Plenary Session', Article 85-3 of the National Assembly Act (국회법 예산안 자동부의제의 성격과 한계)

  • Jung, Jinwung
    • Korean Journal of Legislative Studies
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    • v.24 no.1
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    • pp.103-133
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    • 2018
  • This paper examines whether the budget making process has improved since the Automatic Submission of Budget Bills to Plenary Session Act was enacted. The budget bill was passed before the Dec. 2 deadline from 2014 to 2016. Several researchers, therefore, concluded that the clause is in favor of the ruling party and the majority party. However, this study confirmed that the argument is valid only under the condition of unified government. In other cases, the government party can have a limited impact on the budget-review process, and the aspects of the budget screening process are similar to those before the Act was enforced. Under the conditions of the divided government and two-party system, it is difficult that the budget bill is passed by the legal deadline. In the case of the divided government and multi-party system without majority party, the third party exerts a very significant influence on the budget-review process.

A Legal Study on The Act Bill for Establishing The Game User Committee

  • Kyen, Seung-Yup
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.3
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    • pp.165-171
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    • 2022
  • In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

Enactment of Anti-terrorism law In the Third World And The Instruction for Us (제3세계 국가의 테러방지법제정과 우리나라에 있어서 시사점)

  • Cho, Sung-Je;Soung, Jea-Hyen
    • The Journal of the Korea Contents Association
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    • v.9 no.10
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    • pp.274-283
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    • 2009
  • To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.