• Title/Summary/Keyword: The legislative system

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A Review of Literature on the Welfare Delivery System of Exceptional Children in Korea (우리나라 특수아동(特殊兒童) 복지제도(福祉制度)에 관(關)한 고찰(考察))

  • Lee, So-Hee
    • Korean Journal of Child Studies
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    • v.1
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    • pp.94-106
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    • 1980
  • The issue presented in this paper are as follows: 1. Legislative actions of welfare-related law for the exceptional children. The legislative base for the evolution has been yet weak and ambigous at best for a formalization of what should be considered accepted practice and effective action in providing handicapped child and their parents educational rights and equal protection of the law. And they are under remote control of partial factor subject to social welfare law for children, and public law for education, promotion law for the exceptional child education, protection law for public aids. 2. Organization of government for the welfare services for the exceptional children. There is no sing of a push toward consolidation of effort for the welfare service of the exceptional children in this country that seeks to recapture a sense of unity, of coherence, of completeness from a reality made up of discontinuous fragments of humanitarian effora This presently that. as for the education of the exceptional child, by the section of the exceptional education in MOE (Ministry of Education), and/or as for welfare services and promotion actions, by the section of child welfare in MHSA (Ministry of Health and Social Affairs). One door type operation rooted in the specialization, and limited resources to evolve multi-purpose agencies that undertake to provide a broad range of tangible and concrete services, as well as supportive counselling and assessment, under a single management which plans and directs the allocations of resources, should be followed. 3. Facilities and recruitment of teachers for the exceptional children. In this country there are 54 facilities for special services, 56 schools for the exceptional education, and 3 colleges and equavalents that provide teacher training services leading to certification with IIO annual graduates. However, curriculum for exceptional children should be rearranged and reconstructed. Conclusion; Only as for social welfare institutions in community, this country produced a succession of specific purpose activities, over period of time, that accumulated to form the present network of hundreds of social welfare organizations and facilities Periodically major efforts were launched to revitalize or to improve the help-giving system. But they lack specialization to be effective, and the nature of multi-purpose center tends to be vague for the classified handicapped. Therefore, there, should be linkage between policy maker and community services to maintain some coherenty in preventive care, treatment, and after cares. At last, the effects of the current concept "the exceptional child" involved with their families, and their neighborhood should be considered in view of the people who consist about 25% of the total population.

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Legal Management of Medical Quality (의료 질의 법적 관리)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.167-193
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    • 2007
  • Medical demand has been increased explosively since health insurance was introduced in 1977. Person has taken a growing interest in increase of medical service supply while that period. We must understand the legal aspects of medical quality management. There have been many legislative efforts for securing the right of patient. Patient's legal right is secured through the declaration of patient's right and all hospital person deal with patients according to the standard and criterion of the declaration of patient's right. The patient's right is set up on a basis of the right to live and the expectation right of patient. It is important to prevent medical accidents because the right of patient's health is violated by medical accident. We must manage well the medical quality to prevent the medical accident. The effort to escalate the medical quality is the best method to decrease the medical dispute. Nowadays a person take a growing interest medical quality. Our government make an effort to secure the medical quality through the legal system to be contained health organization evaluation system.

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Political Dynamics of Introducing Quasi Mixed-Member Proportional Representation Electoral System: Veto Player and Partisanship (준연동형 비례대표제 도입의 정치 동학: 거부권행사자와 당파성)

  • Ju, Jin-Sook
    • 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.

A study on the Problematic and Effective Framework of the National Aquatic Animal Health Management and Legislation in Korea (수산생물질병에 대한 국가관리체제의 문제점과 개선방안에 관한 연구)

  • Lee, Sang-Go
    • Journal of Fisheries and Marine Sciences Education
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    • v.16 no.2
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    • pp.218-226
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    • 2004
  • During the last two decades, the rapid increase in aquaculture world wide, particularly in finfish and shellfish culture, is the result of both area expansion and production intensification. Under these conditions, the prevalence and spread of infectious diseases have increased as a result of higher infection pressure and decreased resistance of the aquatic animals. Accordingly, the effective control of infectious diseases has become more and more important to development of aquaculture. Recently the Pathology Team of National Fisheries Research and Development(NFRDI), has played pivotal roles in establishing the national management and control system of aquatic animal health and disease by new legislative works and technical guidelines. Under the national aquatic animal disease control framework, the Pathology Team of NFRDI and MOMAF(Ministry of Maritime Affairs and Fisheries) should also establish effective management and regulations, with the support of enforcement and monitoring policies. In conjunction with effective aquatic disease national management, financial assistance or alternative compensation options for aquaculture should also be available in the event of production losses or eradication system.

A Reason of Reckless Development and Method of Improvement (난개발 발생원인 분석과 개선방안)

  • Lim, Myung-Gu
    • Journal of The Korean Digital Architecture Interior Association
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    • v.7 no.1
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    • pp.7-13
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    • 2007
  • Virtues and advantages of urban areas would be tarnished if benefits and convenience of the cities were overwhelmed by the logics of selfish development and reckless expansion. Reckless development, which is not limited to a certain point of time and space, has become a social and environmental problem for a long period of time, taking advantage of legal and administrative loopholes. In the metropolitan area surrounding the capital, especially Yongin, where semi-agricultural zones have been developed recklessly, serious problems have already emerged including the lack of infrastructure, environmental contamination, destruction of scenic landscapes, encroachment of good farmland and forest and invitation of natural disasters. This study assumed all these problems as the consequence of the inadequacy of the legislative system and analyzed the causes. The study also suggests some countermeasures. Most of all, a "planning-first, development-later" practice should be brought into place so that various experts could participate for a detailed planning. Public development should also be expanded so that beneficial public facilities could be set up in the first place. A system for reasonable development charges should also be come up with. In this process, the role of the administrators becomes yet more important for a long-term, systematic planning of future cities, accompanied by public housing developments.

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A Study for Improving Driving Safety Assurance for Fully Autonomous Vehicles - Focusing on Amendments of the German Road Traffic Act and the Japanese Road Traffic Act (완전자율주행자동차의 운행 안전성 보장 제고 방안 - 독일 도로교통법 및 일본 도로교통법 개정 사항을 중심으로)

  • Kyoung-Shin Park
    • Journal of Auto-vehicle Safety Association
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    • v.15 no.1
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    • pp.45-54
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    • 2023
  • In the commercialization stage of level 4 or higher autonomous driving, the need for new legal system related to drive safely has increased in order to meet the improved level of technological development. Especially human drivers should not be legally accountable for road safety in the era of autonomous vehicles and thus safety standards for operation of autonomous vehicles are significant. To address this issue, the German Road Traffic Act was revised in 2021, adding provisions corresponding to the commercialization of self-driving vehicle of level 4 and in the similar context the Japanese Road Traffic Ac was amended in 2022. This Article draws implications for legislative discussions on driving-related responsibilities of driverless autonomous vehicle to ensure driving safety in Korea through recent amendments in Germany and Japan.

A Study on an Effective Countermeasure for Certification of Development of Disaster Management International Standards - Focus on ISO 22301 and Top Company Certification System in the Reduction Law - (재난관리 국제표준 개발에 대한 인증의 효율적인 대응 방안에 관한 연구 - ISO 22301과 경감법의 우수기업인증제도를 중심으로 -)

  • Cheung, Chong Soo
    • Journal of Korean Society of Disaster and Security
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    • v.5 no.1
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    • pp.49-56
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    • 2012
  • As ISO22301 (Societal security-Business continuity management systems-Requirements) related to BCM (BCP) was established in May 2012, KS A ISO22301 (National Standards) will be enacted at the end of the year. Foreign certification agencies at home and abroad are expanding their business, accordingly. And it is expected that there will be a trade barrier such as a demand for compliance with the Standards in the trade between companies. Hence I am trying to find the countermeasures of domestic companies and ways to invigorate Top Company Certification System in the reduction law (The Legislative bill on the support of voluntary activities of enterprises for disaster reduction).

A Study on the Importance Factors for Improvement Way of Liens System (유치권제도의 개선방안을 위한 중요도 요인에 관한 연구)

  • Park, Kyoungchol;Chung, Jaeho
    • Land and Housing Review
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    • v.11 no.4
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    • pp.51-65
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    • 2020
  • The purpose of this study was to identify the problems related to the amendment and preservation of the lien system and to suggest a feasible and efficient improvement plan. The Analytic Hierarchy Process (AHP) and descriptive statistical analyses were used in this study. The survey subjects were divided into three groups based on their expertise: "Administrative Experts, Practical Experts, and Financial Institution Experts" and compared to find the results. The results show that 1) the procedural aspect was the most important for the large classification, 2) the supplementary disclosure system was the most important for the legislative aspect, and 3) the supplementation of the abuse of the lien report was the most important for the intermediate classification. Furthermore, the study showed that the most important finding was the reinforcement of punishment for the right of false reporting and illegal acts, followed by the registration order system (the creditor alone application), and the registration system (bond, debtor, joint application). The implications and suggestions of this study are as followed. With regard to the current lien system, illegal acts such as false liens and the misuse of multiple reporting were considered as the biggest problems. In terms of the effective improvement plan of the lien system, the misuse of reporting liens and improvement in the procedural aspects of reporting rights should be given top priority. Therefore, the most important course of action is to strengthen the punishment for false liens, improve the disclosure system and make it mandatory to report rights.

The Legal Base and Validity of Reviewing Medical Expenses in the Health Insurance (건강보험 진료비심사의 법적 근거와 효력)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.137-177
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    • 2007
  • The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

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Current Recycling Status of End-of-Life Vehicles(ELV) and Proposal of Recycling System Model (자동차(自動車)리싸이클링의 현황(現況)과 리싸이클링모델의 제시(提示))

  • Oh, Jae-Hyun;Kang, Jung-Ho
    • Resources Recycling
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    • v.16 no.1 s.75
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    • pp.15-27
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    • 2007
  • The Korean Auto industry has developed remarkably over the past 30 years. In 2005 alone, Korea produced 3.7 million vehicles, and the number of vehicles registered surpassed the 15 million marks. The rapid growth in registration, however, has given increasing problems to the traffic congestion and the environmental pollution. The system for handling of ELV in Korea is governed by the 'Motor management law'. The law places the responsibility for vehicle scrapping directly on the vehicle owners. The take-back rate of ELV reaches nearly 100% in Korea since 1987. To further entourage recycling, the government introduced the extended producer responsibility system(EPRS) starting January 1, 2003, which imposes waste recycling obligations on producers or importers. According to the system, producers must recycle home appliances and packaging materials. This system, however, did not involve the automobiles. In 2006, the automobiles recycling law is under preparing now by the government. This article is concerning current status for End-of-Life vehicle's recycling and the recycling system model for advanced ELV industries in Korea.