• The Journal of the Korea Contents Association
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• v.12 no.12
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• pp.179-191
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• 2012

In 2003, the US Congress enacted the Code Adam Act of 2003. The Act was so-named in memory of six-year-old Adam Walsh, who was abducted from a Sears department store in Florida and was later found murdered in 1981. According to the Act, the designated authority for a public building must establish procedures for locating a child missing in a federal facility in the USA. In this context, the study basically aims to propose a legislative model for a missing children policy in Korean multi-use facilities, critically analyzing the US Code Adam Act. Unlike the Act, the proposed Korean bill requires all multi-use facilities beyond a certain size, including private buildings, to arrange a feasible missing child procedure on their own premises. The bill can impose an administrative fine on facilities which don't have the procedure in place, and further can make the list of the facilities known to the public. In order to encourage voluntary participation from the private sector, the bill finally suggests the Voluntary Certification Scheme through which participating business can take advantage of the certification logo commercially.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.76-88
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• 2022

The death toll in the Korean construction industry accounts for more than 50% of all business deaths. This is the highest level among OECD countries, and the government has proposed various solutions to this, but has not seen any significant effect. In order to strengthen safety responsibilities and obligations to CEOs of companies in the blind spot of punishment, including those who have the greatest authority and influence in the construction industry, the Moon Jae In government strengthened various laws, including legislation of the Serious Accidents Punishment Act. However, at this point in time, half a year later, it is still questionable whether such punishment has been strengthened and the effectiveness of fragmentary measures has been exerted. This paper attempted to present legislative policy directions for the problems of the current system and future improvement measures to contribute to reducing significant accidents in the CM/supervision industry among the various subjects of the construction industry.

• Korean Journal of Legislative Studies
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• v.27 no.2
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• pp.111-143
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• 2021

It is necessary to analyze the budget power during the budget process of the local council, paying attention to strengthening the capacity of local council and reinforcing expertise to secure accountability. The budget power of council is expressed in various terms such as power of the purse and the authority to control the budget, and focuses on the role of control and check in the council's budget process. The purpose of this study is to analyze the factors that political·administrative variables, social·economical variables affect the budget power of local council. The budget power of councils was set as the budget net modification rate and the period for processing the budget bill at the plenary session. And the effects of various variables were checked. As a result, the local council confirmed that there was a lack of checks and controls in the budget process.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.236-246
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• 2014

Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

• Korean Journal of Legislative Studies
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• v.26 no.1
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• pp.5-32
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• 2020

This study analyzes the political dynamics of the election law reform in December 2019, from a perspective of the veto player theory combined with the partisan theory. Three features are revealed in the reform process of the electoral system. First, the number of cooperative veto players was higher than that of competitive veto players, that provided a favorable condition for policy changes. Second, concerning the ideological distance between veto-players (congruence) the possibility of policy change was evaluated as quite small. Especially in the fourth to fifth periods, the congruence between the cooperative veto players and competitive veto players was extremely weak. Third, the internal coherence of cooperative veto players was relatively weak, while the internal coherence of competitive veto players was relatively strong. That acted as a limiting factor in policy changes. In other words, there was a high possibility of policy changes in the number of cooperative veto players, but the possibility of policy change was relatively restricted in the congruence between veto players and the cohesion of veto players. That explains the limited nature of the election law reform.

• The Korean Journal of Air & Space Law and Policy
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• v.10
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• pp.13-116
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• 1998

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.239-258
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• 2011

Space debris mitigation has become an international custom for international space activities. IADC and COPUOS adopted a Guideline on Space Debris Mitigation. Two Guidelines provided that member states or international organization shall establish a national mechanism to mitigate space debris. China has made progress in legislation on space debris mitigation and management system. It establised a fundamental framework on the legislative mechanism on space debris mitigation and managemental mechanism on space debris mitigation. In order to further improve the national mechanism on space debris mitigation, it is essential for China to strenghen legislation on space activities and specify the duties of management administrates.

• Journal of Society of Preventive Korean Medicine
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• v.24 no.2
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• pp.83-94
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• 2020

Backgrounds : To reduce the patients' economic burden of herbal decoctions use, in 2012, Korean government decided to implement the pilot project of herbal decoctions coverage in the National Health Insurance. Objectives : This study aimed to analyze the policy decision-making process for the pilot insurance project in 2012. Methods : Official documents, research papers, statistical reports, and news articles, etc. on the coverage of herbal decoctions were searched and collected. We used the Kingdon's Policy Stream Model to analyze how the policy of pilot project of herbal decoctions coverage was decided, and who were the main activists for the decision-making process. Results : Components to be included in the 'Problem stream' were the decline in the profits of Korean Medicine institutions, the contraction of the herbal decoctions use, and the fiscal surplus of National Health Insurance. In the 'Policy stream', there were several model studies for herbal decoctions coverage, and examples of herbal benefits in other social insurances. In the 'Political stream', there were the legislative initiatives by member of the National Assembly and the promotion of insurance coverage by the Association of Korean Medicine(AKOM), etc. Policy window for herbal decoctions coverage was opened by the combination of these three streams with the efforts of policy activists, such as the executives of AKOM, and policy researchers. Conclusions : The policy decision process for health insurance coverage of herbal decoctions was analyzed using Kingdon's model, and the analysis shows that the combination of political streams and entrepreneurs' competencies can be an important driving force in policy decision making.

• 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.

• Journal of the Korean Home Economics Association
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• v.50 no.7
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• pp.97-107
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• 2012

The aim of this study is to suggest the introduction of family impact analysis. Family impact analysis is needed to evaluate family policies from the family perspective. This study deals with the definition of family impact analysis and the cases of other impact analysis, such as gender impact assessment and employment impact analysis. In addition, this study suggests the introduction of family impact analysis with evaluation methods, evaluation indicators, and evaluation processes. Evaluation methods are divided into self-assessment and specific-assessment. Evaluation indicators need to be developed based on the family strength. This research also suggests the securing of family time as a basic assessment indicator. The evaluation processes consist of object selection, assessment, evaluation report, and policy improvement. Finally, this study suggests that family impact analysis is a strong strategy for promoting family-friendly policies. In order to introduce family impact analysis in a more systematic manner, further studies on the standards of assessment, formation of research institutions, and the legislative system will be necessary.