• 제목/요약/키워드: Public Law

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A Study on Records management system under enforcement of The Public Records and Archives Management Law in Japan (일본의 공문서관리법 시행에 따른 기록관리 체제 검토)

  • Nam, Kyeong-ho
    • The Korean Journal of Archival Studies
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    • no.30
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    • pp.205-247
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    • 2011
  • The Public Records and Archives Management Law was enacted on June 24, 2009 and was in effect in April 1, 2011. This Act is different from existing Public Archives Law and National Archives Law. Before enacting Public Records and Archives Management Law, Public Archives Law and Information Disclosure Law was the backbone of Japanese Public Records management system. Public Archives Law is composed of management and access for non-active records in Public Archives. Information Disclosure Law is prescribed management of active-records in administrative agency. Public Records and Archives Management Law is the first comprehensive law of managing administrative records including historical records (nonactive-records). The law is prescribed that the public records and archives are intellectual resources shared by citizens and allows people to have more access to them. The law states that public records is basis of democracy and accountability for current and future generation. This article analyzed the relationship of law and its implementing ordinance and Guideline of administrative public records management, and analyzed the law and record-schedule. Furthermore, this article examined significance of the law and democracy, administration's transparency. In accordance with enacting the law, Japanese Public Records Management System will develop. and we must pay close attention to that situation.

Historical Review of Who Has Control Over Public Policy Formulation in Islamic Law

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.357-361
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    • 2022
  • The paper demonstrates how the Islamic governments in the Islamic history derived the authority for regulations and laws from the Qur'ān and the Sunna (sayings of the Prophet). These two laws are sovereign over public policy. Then, it shows the obstacles that prevented modern Muslim countries from formulating public policy based on Sharia law.

Analysis of Media Trends and Social Perceptions on Nursing Law Legislation (간호법 제정에 대한 언론 동향 및 사회적 인식 분석)

  • Lee, Seung-Hee;Joo, Min-Ho
    • Journal of Korean Academy of Nursing
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    • v.53 no.4
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    • pp.439-452
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    • 2023
  • Purpose: This study aimed to derive considerations for the enactment of nursing law by analyzing the trends and social perceptions of nursing law mentioned in major daily newspapers, cafes, and blogs. Methods: Main texts and comments that included nursing law as a keyword were collected from major daily news and online postings from January 2021 to August 2022. The data collected through web crawling were analyzed using a TousFlux program used for big data analysis. Results: During the period of study, the awareness level around nursing law enactment increased. In particular, public concern over nursing law enactment intensified due to the two political parties' policy pledges related to nursing law in January 2022 and the failure to introduce the nursing law to the national assembly judiciary committee in May 2022. Except in December 2021, public perception of nursing law enactment was generally favorable, with public opinion tilting more in favor of than against enactment. Conclusion: Public opinion should be considered when drafting and implementing the nursing law to make it easier for the people to understand what the law constitutes. In addition, it is necessary to pay attention to and continuously promote the relationship between medical care and nursing in the nursing law system of developed nations. Lastly, nursing law enactment can enhance nurses' retention intention and provide a sense of efficacy to medical services.

A Study on the Legal and Institutional Position and Role of Korean Medicine Doctors working at Public Health Center (보건소 근무 한의사의 법.제도적 지위와 역할에 관한 연구)

  • Im Jin-Taek;Lee Sang-Ryong
    • Korean Journal of Acupuncture
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    • v.19 no.2
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    • pp.149-165
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    • 2002
  • Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.

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On the Application of Public Search Measures to Detect and Obtain Information

  • Kozytska, Olena;Tsilmak, Olena;Protsenko, Olena;Yankovyi, Mykola;Lysenko, Аndrii;Shulzhenko, Assol
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.109-112
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    • 2021
  • The article considers the state of legislation that regulates the use of public methods of obtaining information by authorized state bodies. The correlation of public investigative (search) actions with operative-search measures as concepts denoting the application of public methods of obtaining information has been studied. In addition, it argues the need for more detailed delineation and legislative regulation of public investigative (search) actions and operational and investigative measures at the legislative and departmental levels. The purpose of the article is to analyze certain provisions of the Law of Ukraine "On operational and investigative activities" to identify inconsistencies in the content of the text of the law in order to correct and prevent ambiguity in the theory and practice of law enforcement.

Legal review of public officials' leave of absence for law school enrollment training

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.5
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    • pp.189-197
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    • 2022
  • It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

Research on Supervision and its Realization Mechanism in Legal Supervision System (法治监督体系中的监察监督及其实现机制研究)

  • Wang, Jianglian
    • Analyses & Alternatives
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    • v.4 no.1
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    • pp.89-103
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    • 2020
  • The "rule of law" decision of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposes to build a strict supervision system of the rule of law. The reform of the national supervision system launched in 2016 can be described as an important measure to build such a system. The supervision and supervision system has gradually become the core system of the rule of law supervision system. Its full coverage of supervision of public officials is conducive to preventing corruption of public power and achieving the ultimate goal of supervision by the rule of law. The supervision mechanism in the supervision system under the rule of law requires systemic thinking to realize the effective supervision of public officials of the state power organs, as well as the constraints and supervision of other supervision systems, including the supervision of the People's Congress; Supervision is a full-coverage supervision, and other rules of law supervision systems are also full-coverage supervision systems within their scope of competence. Therefore, gradually exploring and constructing an external supervision system for supervision will be conducive to the optimization and eventual completion of the rule of law supervision system.

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A study on the Shrinkwrap License Contracts on Computer - Information Transaction in USA (컴퓨터정보거래에서 쉬링크랩라이센스 계약에 관한 고찰 -미국의 경우를 중심으로-)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
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    • v.2 no.1
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    • pp.93-112
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    • 2004
  • A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

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Internet comment manipulation and criminal responsibility

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.6
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    • pp.75-79
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    • 2018
  • The purpose of this paper is to introspect again the role of the criminal law at a time when it is said that numerous criminal and legal discussions are needed to develop the so called "reply manipulation " case that is shaking the nation's political history. The research method considered the literature and precedents discussed in the past, and discussed the issue of subculture abuse caused by the internet, which is a product of convenience and affluence that came with the Forth industrial revolution through criminal law. Through a computer program, a discussion was held on what penalties would be imposed on the criminal law for attempting to manipulate public opinion by manipulating the so-called number of comments or Reaction. Question of whether the criminal law should further emphasize the need for a discussion on the need for a method to strengthen the preventive functions of the criminal law and expand the scope of punishment in order to address new causes of risk that came with the development of science. Without reflecting on whether such as "government-inspired demonstration "would be possible in today's world that was in the public perception of the authoritarian government of the past, it is a problem to see that the political goals of a particular group can be achieved by manipulating comments or creating public opinion on the Internet. The duty of criminal law is to protect the interests of the law. The role of the criminal law should be maintained the self limiting as far as possible in cases of violation or danger of the law. Still, it is a problem that the role of the criminal justice system today is too aggressive and is seen as a top tool rather than a last resort for solving problems. he role of the internet will be expanded further in the Hyper Connected society. To solve these problems, we should look forward to a change in the priority of other laws and policies other than criminal law.

A Proposal of the Building Methodology for the Public Agency Enterprise Architecture thru the Project of MND-EA (구축사례를 통한 효율적 공공기관 EA 구축 방법론 제안)

  • Lee, Kwang-Je;Ahn, Jong-Deuk
    • Journal of Information Technology Services
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    • v.7 no.3
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    • pp.87-95
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    • 2008
  • The Law of effective building and operation for the information systems took effect at Dec. 2005. Every government and public agency have to build own enterprise architecture(EA), sometimes it's called the Information Technology Architecture(ITA), by this law. The Ministry of National Defense(MND) built the enterprise architecture(EA) during 2006. 12$\sim$2007. 11 by this law too. We knew the specific characters of the public sector thru the EA project. The public sector is less active than commercial sector and most members of the public sector are just looking on the project as a spectator. So the most of key for the success of EA is how to catch the Sponsorship and Participation of members. In this paper we propose the effective building methodology for the Enterprise Architecture of public agency applying the MND-EA. The other governments and public agencies can build own the EA easily by the proposed methodology.