• Korean journal of communication and information
• /
• v.60
• /
• pp.52-74
• /
• 2012

Legislation needs to be understood within a political, societal relationship among lawmaking bodies rather than by legal provision itself. In order to examine features and functions of communication in the process of legislation, this study conducted focus group interviews with experts as well as in-depth individual interviews. The result of this research as follows: First, the study found that although the domestic legislative process has been made by active interactions among lawmaking subjects, it was hard to conclude that this procedure is providing effective and productive legislative agenda because of chaotic communications made along the process. Second, the study found that national legislative process has been gradually moving, although restricted, to an open political space, the National Assembly, from a closed space, the executive branch. Third, the study found a remarkable feature including growing influence of experts groups and civic organizations in the legislative process. It is a significant change that legislative staff such as National Assembly aides, investigators, expert committeemen and deputy director generals played a role of "insiders," unnoticeably influencing the legislative process, and that civic organizations and NGOs, which have been excluded in the previous legislative processes, emerged as a new influencing circle in the process. Lastly, the study found that media organizations, in the process of developing agenda, had a strong impact on the National Assembly as a subject forming public issues and as a messenger of the legislative agenda while they played a limited role in affecting the government. This study discusses why communication in the domestic legislative process is important and what are some hindering and facilitating factors in the process.

• Journal of Arbitration Studies
• /
• v.16 no.3
• /
• pp.53-89
• /
• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.15 no.6
• /
• pp.1320-1326
• /
• 2011

National institutions on the importance of information security is being recognized, information security laws are being discussed in Congress 3.4 DDoS incident and Nonghyup hacking, etc. However, National Assembly Secretariat when the results of the Information Security Consulting has been assessed very low 61.2 points, evaluation of hardware and software in secure areas were vulnerable. This paper, the legislative support agencies National Assembly and National Assembly Secretariat on the network and computer systems, and managerial, technical and physical security elements are analyzed for the status. And network should have the legislative support agencies and system for the physical network separation, DDoS attack response, Virus attack response, hacking attacks response, and Cyber Emergency Response Team/Coordination Center for Cyber infringing design and research through the confidentiality, integrity, availability, access control, authentication and security analysis is based on the evaluation criteria. Through this study, the legislative support agencies to strengthen the security of data and security laws enacted to provide the basis for.

• Journal of Information Technology Services
• /
• v.13 no.3
• /
• pp.111-128
• /
• 2014

President Park Geun-hye Administration has established the Ministry of Science, ICT and Future Planning (MSIP) to build a creative economy using Information and Communication Technology (ICT). July 2, 2013, The National Assembly has legislated the special act on the ICT promotion and convergence so called special ICT Act. This special ICT Act has reduced the legal basis through legislative process and departmental agreement. Therefore many experts worried that since the MSIP's key functions and roles are being reduced, there will be a limit to the MSIP's endeavor for the advancement of science technology and the ICT promotion and convergence. The establishment of the Agency, together with the formation of 'IT Strategy Committee', is considered to be one of the core items of the Special Act on ICT. MSIP originally planned to integrate the ICT R&D functions scattered across many governmental organizations, including Korea Communications Agency (KCA), KEIT and Korea Creative Contents Agency (KOCCA), into the Agency to separate the national ICT R&D from private R&D and streamline the process of 'discovery-selection-evaluation-commercialization'. The analytical results in this study are supposed to the establishment of efficient ICT governance systems as the practical strategies to actively cope with the changes of ICT convergence environment. It is also expected to the revision on the special ICT Act in the ICT budget and governance. Therefore, MSIP should cover research and development (R&D) as well as major ICT promotion functions to a creative economy.

• International Journal of Advanced Culture Technology
• /
• v.7 no.2
• /
• pp.7-12
• /
• 2019

Korea's laws regarding ICT must follow the Void for vagueness doctrine, the Principle of forbidden general delegation, the Principle of justification of system and the Principle of balancing test in the Constitution. The Act for the Promotion and Convergence and so on of Information and Communication in the Future should be improved as follows. It is desirable to improve the part where the principle of system justification of the Constitution is problematic in relation to existing laws. It is desirable to improve the ICT's policies on industry and convergence technologies so that they are well balanced between promotion and regulation of ICT's industries. It is desirable to improve the information service policy and legislative makeup relationship between various government agencies related to ICT. It is therefore desirable to improve the institutional complement to the post-regulatory framework for the protection of users of ICT in the future. It is desirable to create a device to replace the functions of the Information Service Budget Council in the special law of ICT.

• The Korean Journal of Applied Statistics
• /
• v.27 no.4
• /
• pp.523-541
• /
• 2014

We apply a Bayesian estimation procedure to the analysis of roll call voting records on 2,389 bills processed during the 18th Korean National Assembly. The analysis of roll calls yields useful tools for to combining the measurement of legislative preference with the models of legislative behavior. The current Bayesian procedure is extremely exible, applicable to any legislative setting, irrespective of the extremism of the legislator's voting history or the number of roll calls available for analysis. It can be applied to any legislative settings, providing a useful solution to many statistical problems inherent in the analysis of roll call voting records. We rst estimate the ideal points of all members of the 18th National Assembly and their condence intervals. Subsequently, using the estimated ideal points, we examine the factional disparity within each major party using the estimated ideal points. Our results clearly suggest that there exists a meaningful ideological spectrum within each party. We also show how the Bayesian procedure can easily be extended to accommodate theoretically interesting theoretical models of legislative behavior. More specically, we demonstrate how the estimated posterior probabilities can be used for identifying pivotal legislators.

• Journal of Arbitration Studies
• /
• v.10 no.1
• /
• pp.3-25
• /
• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• Journal of Information Technology Services
• /
• v.19 no.1
• /
• pp.37-53
• /
• 2020

Today, our society is exposed to cyber threats, such as the leakage of personal information, as various systems are connected and operated organically with the development of information and communication technology. With the impact of these cyber risks, we are experiencing damage from the virtual world to the physical world. As the number of cases of damage caused by cyber attacks has continued to rise, social voices have risen that the government needs to manage cyber risks. Thus, information and telecommunication service providers are now mandatory to have insurance against personal information protection due to amendment of "the Act on Promotion of Information and Communication Network Utilization and Information Protection". However, the insurance management system has not been properly prepared, with information and communication service providers selecting the service operators based on sales volume rather than selecting them based on the type and amount of personal information they store and manage. In order for the personal information protection liability insurance system to be used more effectively in line with the legislative purpose, effective countermeasures such as cooperation with the government and related organizations and provision of benefits for insured companies should be prepared. Thus, the author of this study discuss the current status of personal information protection liability insurance system and the issues raised in the operation of the system. Based on the results of this analysis, the authors propsoe tasks and plans to establish an effective personal information protection liability insurance system.

• Asian Journal for Public Opinion Research
• /
• v.5 no.1
• /
• pp.41-62
• /
• 2017

The political reformation in Indonesia is a determinant factor of the change in political communications and the roles of media. Currently, the political elites need media support, since it contextually has a significant role. Whoever has a good relationship with the media, will be loved by the public. On the other hand, the media also have a vested interest in the elite in running businesses and building the power of industry. Policies and capital pose a challenge to maintaining the continuity of the media. Independence and control of media are at stake, when the interests of the media and the elite collaborate with each other and then build a benefit on both sides. Meanwhile, the role of social media also cannot be neglected. The Indonesian political communication system is characterized by the presence of social media in a pseudo-relationship between the elite and the public. This paper tries to explain the growing trends of research in the academic environment and the research trends in political practice in Indonesia after the occurrence of post-reformation era in legislative and executive elections. The method used is the meta-analysis of research outcomes of university (dissertations) and secondary data sources. Data processing is done by meta-analysis of secondary data. The results of meta-analysis research indicate that, the objective conditions, in Indonesia, especially the political conditions, stimulate new spaces in communication research. The study of political communication becomes dominant in the academic environment. In addition, communication research is also characterized by a shift from the linear perspective (positivistic paradigm) to the interactive perspective (naturalistic paradigm). On the other hand, the development of politic and governance situations in Indonesia has prompted the establishment of polling agencies that help citizens understand the maps of political power and candidates in general elections and regional head elections.

• The Journal of the Korea Contents Association
• /
• v.10 no.1
• /
• pp.343-352
• /
• 2010

As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.