• Title/Summary/Keyword: Legislative approach

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A Study on Applicability of French Legislative Approach for Radioactive Waste Management (프랑스 방사성폐기물 관리 법제화 사례의 적용성 연구)

  • Noh, Hyunyub;Lee, Keon Hee;Kim, Jong-Bin
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.13 no.3
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    • pp.219-227
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    • 2015
  • Radioactive waste processing and disposal is a major problem that needs to be fully addressed by countries that use nuclear power. In recent years, only a few countries have made substantial progress on this issue, and the French stepwise legislative approach on radioactive waste management is evaluated as a successful case. For South Korea, it is still necessary to prepare an adequate national policy for dealing with radioactive waste so the French model has been suggested as a direction of policy making in Korea. Based on comparisons of technical status and sociopolitical indexes in both countries, then this study suggests that the French legislative model is a valid one which may be applicable to the Korean context, especially in relation to resource recycling and social acceptance enhancement strategies.

Development of Chinese Maritime Related Laws and Status and Interpretation in Legislation System (중국 해양관련 법령의 발전과 입법체계에서의 지위 및 해석)

  • Yang, Hee-Cheol;Lee, Moon-Suk;Park, Seong-Wook;Kang, Ryang
    • Ocean and Polar Research
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    • v.30 no.4
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    • pp.427-444
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    • 2008
  • The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

The Analysis of Roll Call Data from the 18th Korean National Assembly: A Bayesian Approach (제 18대 국회 기명투표 분석: 베이즈(Bayesian) 방법론 적용)

  • Hahn, Kyu S.;Kim, Yuneung;Lim, Jongho;Lim, Johan;Kwon, Suhyun;Lee, Kyeong Eun
    • The Korean Journal of Applied Statistics
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    • v.27 no.4
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    • pp.523-541
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    • 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.

Politics of Candlelight Protest and Democratic Theories in Korea (촛불의 정치와 민주주의 이론: 현실과 이론, 사실과 가치의 긴장과 균형)

  • Jaung, Hoon
    • Korean Journal of Legislative Studies
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    • v.23 no.2
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    • pp.37-66
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    • 2017
  • Massive civic protests and consequent presidential impeachment requires a serious revisiting to democratic theories of Korean democracy. This paper explores the strengths and limitations of macro and micro approaches. Changes in democratic realities was manifested on three fronts. First, the rise of new political subject, that is, participants to massive protest. Second, changing nexus between representative institutions and civic protests. Third, parliamentarization of presidential democracy. Specifically macro approach has changed its negative assessment of democracy into positive evaluation. Macro theory has to revisit it's notion of 'minjung' to cope with the rise of new subject. Also macro approach has to struggle with the declining role of civic organizations and political activists. Micro approach has to deal with new mode of networking among citizens and to unravel the evolving relation between democratic institutions and civic protests. In sum, theories need to expand the analytic scope, to revitalize analytic tools and to rebalance value judgment and analytical efforts.

A Study of Internet Content Regulation in South Korea (국내 통신심의 제도 개선에 관한 연구)

  • SUNG OCK YOON
    • Informatization Policy
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    • v.30 no.2
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    • pp.3-21
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    • 2023
  • The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.

A Study of IT Environment Scenario through the Application of Cross Impact Analysis (교차영향분석의 작용을 통한 국내 IT 환경 시나리오에 대한 연구)

  • Kim Jin-han;Kim Sung-hong
    • Korean Management Science Review
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    • v.21 no.3
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    • pp.129-147
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    • 2004
  • Scenario analysis for strategic planning, unlike most forecasting methods, provides a qualitative, contextual description of how the present will evolve into the future. It normally tries to identify a set of possible futures, each of whose occurrence is plausible but not assured. In this paper, we propose the use of Cross Impact Analysis(CIA) approach for scenario generation about the future of Korean IT environments. In this analysis, we classified IT environments into technical, social, legislative, and economic factor. And various variables and events were defined in each factor. From the survey collected from IT related experts, we acquire probability of occurrence and compatibility estimates of every possible pairs of events as input. Then 2 phase analysis is used in order to choice events with high probability of occurrence and generate scenario. Finally, after CIA using Monte Carlo simulation, a detail scenario for 2010 was developed. These scenario drawn from the CIA approach is a result considered by cross impacts of various events.

Implementing Balanced Scorecard with System Dynamics Approach

  • Yoon, Joseph Y. K.
    • Proceedings of the Korean Operations and Management Science Society Conference
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    • 2000.04a
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    • pp.330-336
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    • 2000
  • This paper discusses the potential of system dynamics modelling to support balanced scorecard. The balanced scorecard is a conceptual framework for translating an organisation's strategy into a set of performance indicators. These performance indicators are distributed across the 'classic'model's four perspective: Customers, Internal Business Processes, Financial, and Learning and Growth. This balanced scorecard, whilst having significant strength, suffers from the limitation of all performance indicator systems, namely that the interrelationships between indicators are overlooked and there is no way of taking into account the impact of delayed feedback which flows from introduction of new policy and legislative changes. System Dynamics is a methodology for understanding complex problems where there is dynamic behaviour and where feedback impacts significantly on system outcomes. System dynamics provides a rigorous basis for qualitative testing of the effects of performance indicators in complex environments such as health or social security. This can be supplemented with quantitative system dynamics simulation tools that further test the validity of indicators and the business rules implicit in them. System dynamics modelling has an important role to play in extending feedback cycle in performance measurements to a full systems approach.

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An Empirical Analysis of the Relationship between Direct Construction Approach and Construction Quality in General Construction Companies (종합건설기업의 직접 시공과 건설 품질 사이의 관련성에 대한 실증분석)

  • Park, Hong-Jo;An, Sung-Hoon
    • Journal of the Korea Institute of Building Construction
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    • v.23 no.5
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    • pp.619-628
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    • 2023
  • This study undertook a empirical analysis, delving into the association between the direct construction approach and the construction quality of general construction companies. The research hinged on corporate financial data to elucidate the premise that a reduced emphasis on direct construction approach by general construction companies correlates with a notable prevalence of building defects. Specifically, the analysis engaged with the top 100 construction companies based on their construction capability evaluation in 2022. This appraisal leveraged the Empirical Research Model(ERM) rooted in financial data-sets spanning 2017 to 2021. Findings underscored that as the ratio of direct construction approach diminishes, the incidence of building defects amplifies, signifying a consequential dip in construction quality. Moreover, the research reaffirmed that companies with elevated construction capability evaluations or larger organizational scales tend to register decreased defect rates. This study fortifies, from a theoretical perspective, the legislative imperatives championing direct construction approach, by empirically spotlighting the potential perils of over-reliance on subcontracting.

After Trump: Continuity and Change in US Northeast Asia Policy in the Era of Biden (미(美) 트럼프 행정부와 바이든 행정부의 동북아 정책 비교 분석 및 전망)

  • Lee, Jeongseok
    • Korean Journal of Legislative Studies
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    • v.27 no.2
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    • pp.41-70
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    • 2021
  • US Northeast Asia Policy will show the following changes and continuities with the transition from the Trump administration to the Biden administration. As the Biden administration adheres to traditional principles and norms of US foreign policy, there will be more stability and predictability. The US-China confrontation is likely to become more serious, as President Biden will continue the hawkish China policy Trump initiated. Regarding North Korea, the Biden administration is expected to adopt a more conservative 'bottom-up' approach rather than a 'grand bargain' that Trump pursued. Due to many policymakers holding deep suspicions about the North Korean regime, any diplomatic breakthrough with North Korea is unlikely to occur soon. As for South Korea and Japan, Biden will show more respect to these key allies but may also demand them to contribute more to US-led initiatives countering China.

Recognition and Enforcement of Foreign Arbitral Awards in Japan: Conventions, National law and Refusal of Recognition and Enforcement (일본법상 외국중재판정의 승인집행 -적용법규와 승인집행거부를 중심으로-)

  • Kim, Eon-Suk
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.25-46
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    • 2010
  • In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

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