• Title/Summary/Keyword: The legislative system

Search Result 302, Processing Time 0.028 seconds

Right-relief System of the Disputes to the Reviewing Medical Expenses in Health Insurance (건강보험 진료비 청구 및 심사지급에서의 권리분쟁과 구제)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
    • /
    • v.8 no.2
    • /
    • pp.119-164
    • /
    • 2007
  • Improving the formal objection system regarding reviewing medical expenses requires authority and confidence in the aspect of well-functioning the health insurance review and assessment system, legally and appropriately. The purposes of improvement of the formal objection system should aim for protecting the people's right of health. On handling the formal objections, the disputes of the rights should be settled economically and promptly by fairness, specialty, and objectivity in the health insurance review and assessment administration. Therefore, in order to promote the administrative specialty of health insurance, the formal objection committee needs to be organized independently and guaranteed expertly. Under the current formal objection system, however, the organization of committee lacks right-relief function, recognition and public relation as a health insurance appeal system, and related professional man powers. It is also analyzed that there are several controversial points, such as mass deliberation to the formal objection committee and its conference procedure. As a measure of improvement, it is analyzed that the committee needs to be organized independently with a proper number of professional man powers. The strict deliberation procedures and the prohibition of the decision-making by non-conference are also required to be empowered. The formal objection procedure provides the beneficiaries and the claims legitimately, so that it secures the legal relations on the health insurance system. Therefore, on the conference process of formal objection, the expert and guaranteed protection should be provided promptly, and its procedures to the appellants should also be assisted kindly.

  • PDF

The Recognition Characteristics of Science Gifted Students on the Earth System based on their Thinking Style (과학 영재 학생들의 사고양식에 따른 지구시스템에 대한 인지 특성)

  • Lee, Hyonyong;Kim, Seung-Hwan
    • Journal of Science Education
    • /
    • v.33 no.1
    • /
    • pp.12-30
    • /
    • 2009
  • The purpose of this study was to analyze recognition characteristics of science gifted students on the earth system based on their thinking style. The subjects were 24 science gifted students at the Science Institute for Gifted Students of a university located in metropolitan city in Korea. The students' thinking styles were firstly examined on the basis of the Sternberg's theory of mental self-government. And then, the students were divided into two groups: Type I group(legislative, judicial, global, liberal) and Type II group(executive, local, conservative) based on Sternberg's theory. Data was collected from three different type of questionnaires(A, B, C types), interview, word association method, drawing analyses, concept map, hidden dimension inventory, and in-depth interviews. The findings of analysis indicated that their thinking styles were characterized by 'Legislative', 'Executive', 'Anarchic', 'Global', 'External', 'Liberal' styles. Their preference were conducting new projects and using creative problem solving processes. The results of students' recognition characteristics on earth system were as follows: First, though the two groups' quantitative value on 'System Understanding' was very similar, there were considerable distinctions in details. Second, 'Understanding the Relationship in the System' was closely connected to thinking styles. Type I group was more advantageous with multiple, dynamic, and recursive approach. Third, in the relation to 'System Generalization' both of the groups had similar simple interpretational ability of the system, but Type I group was better on generalization when 'hidden dimension inventory' factor was added. On the system prediction factor, however, students' ability was weak regardless of the type. Consequently, more specific development strategies on various objects are needed for the development and application of the system learning program. Furthermore, it is expected that this study could be practically and effectively used on various fields related to system recognition.

  • PDF

A Basic Study to Establish a Framework Act on Landscape Architecture (조경 기본법 제정을 위한 기초 연구)

  • Shin, Ick-Soon;Koo, Bon-Hak;Byeon, Jae-Sang
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.39 no.6
    • /
    • pp.86-97
    • /
    • 2011
  • This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

A Study on the Chinese Arbitration Act (중국 중재법에 관한 연구)

  • Yoon, Jin Ki
    • Journal of Arbitration Studies
    • /
    • v.9 no.1
    • /
    • pp.183-232
    • /
    • 1999
  • The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

  • PDF

A Study on the Improvement of Domestic Legislative System for Crime-Safe Environment in Residental Area (주거지역 방범환경 조성을 위한 국내 법.제도의 현황과 개선방안에 대한 연구)

  • Choi, Jae-Eun;Kim, Sei-Yong;Jeong, Yun-Nam
    • Proceeding of Spring/Autumn Annual Conference of KHA
    • /
    • 2009.04a
    • /
    • pp.155-160
    • /
    • 2009
  • Safety of residents could be considered and then increased when we plan, design, and operate a city. In Korea, CPTED (Crime Prevention through Environmental Design) is currently being applied to new towns. However, it is not systemized and neither efficient, for there are no constraint provisions, and the foreign cases are not specifically customized to the current situation of the country. This means, the introduction of CPTED is an indispensable fact, but there are limits to the budget aids and actual application, for there is no legal base to support it. This study, therefore, aims to find the limits from analyzing related laws and regimes, administrative regulations, and applied cases, and to deduct improvement plans based on examined foreign cases. In this Study, the supporting system of foreign CPTED related laws and regulations was analyzed around the cases of England and U.S.A, and based on that information, the present condition and limits of CPTED related laws and regulations of Korea were deducted. As a result of this study, there were no constraint provisions to apply the design guidelines to actual planning, and there were limits on backup aid and actual application due to the lacking of analyzing the relevant area. Also, an acceptable framework must be arranged by the revision of laws and ordinances to compel the system, and link it with the CPTED certification system which will revitalize the whole system.

  • PDF

Information and Communication Security legal system's problems and improvement plan (정보통신보안법제의 문제점과 개선방안)

  • Kwon, Hun-Yeong
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.25 no.5
    • /
    • pp.1269-1279
    • /
    • 2015
  • Korea is recognized as the most advanced nation in regards to capabilities or environments of informatization throughout the world. Nevertheless, Korea brings on itself such stigmas as a nation vulnerable to information security. Now the globe ushered in an era requiring political balances. Yet, issues of legislative supports or system adjustments for information security policies are always pushed back on the priority list. There is a need to face problems at the center of changes departing from such frames. In order to establish a proper system for information security policies, the most urgent issues are reviews of concepts and reorganizations of systems, and then to legislate information security polities by being harmonious with public opinions. This paper is to remind what measures are needed to improve the system of priority policies depending on public backgrounds and why such measures are needed. Furthermore, the paper suggests a new legislation, 'Information Security Policy Act' as one of the specific measures.

A Study on Tasks for the Legal Improvement for the Governance System in Cybersecurity (사이버안보 추진체계의 제도적 개선과제 연구)

  • Park, Sangdon;Kim, Injung
    • Convergence Security Journal
    • /
    • v.13 no.4
    • /
    • pp.3-10
    • /
    • 2013
  • Cyber attacks are threats to national security. Today, cybersecurity threats have various types, the theft or spread of privacy and national secret, the realization of direct attacks to infrastructure and the hacktivism with political or social objectives. Furthermore, There are special situations in South Korea because of North Korea's threats. Thus, It is necessary to handle cybersecurity as a kind of national security problem. It is a time to identify problems of governance system in cybersecurity and to improve related Acts and subordinate statutes. There are several tasks for legal improvement for governance system in cybersecurity. They are improving legal bases for the roles of the relevant authorities in cybersecurity, consolidating national joint response to cyber accidents, establishing and vitalizing information sharing system, constructing foundation of cybersecurity through industry promotion and manpower development, and acquiring defensive tools by enhancement research an development. In order to address these challenges, it is necessary to pay much attention to enactment and to revision laws and to practice legislative procedure.

A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
    • /
    • no.6
    • /
    • pp.1-46
    • /
    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

  • PDF

A Review of a Bill on the Ocean-Based Climate Solution Act (OBCSA) in the U.S and Implications for the Ocean Climate Change-Related Legal System in Korea (미국 해양기반기후해법 법안(Ocean Based Climate Solution Act, OBCSA)의 검토와 국내 해양기후변화 법제에 대한 시사점)

  • Sora Yun;Moonsuk Lee
    • Ocean and Polar Research
    • /
    • v.45 no.2
    • /
    • pp.71-87
    • /
    • 2023
  • Climate change causes ocean warming, ocean acidification, sea-level rise, dynamic coastal risk, change of ecosystem structure and function, and degradation of ecosystem services. Not only that, but it has negatively impacted the well-being of people, society, and culture, including food security, water resources, water quality, livelihood, health, welfare, infrastructure, transport, tourism, recreation, and so on, especially by particularly degrading indigenous communities and generating an inequitable distribution of benefits and costs. As pointed out here, these adverse impacts of climate change on the ocean have been emphasized at the international and national levels. In contrast, the ocean field has been neglected in the climate change conversation for too long. However, since the UNFCCC COP 25, the ocean has been drawn into the discussion as a solution to address climate change. Moreover, the U.S. Congress recently unveiled a bill called the 'Ocean-Based Climate Solution Act, OBCSA' that reflects the new paradigm of the international regime. The comprehensive legislative bill includes elements related to climate inequity, a blue economy, and a community-led bottom-up policy mechanism, which will have a significant bearing on the ocean-climate legal system. Therefore, this study reviews the OBCSA and deduces implications with regard to the ocean-climate legal system in Korea.

Study on the Rural Landscape Management System for Preserving Rural Identity -Focusing on the AONBs of England- (농촌다움 보전을 위한 농촌 경관 관리체계의 시사점 -영국의 AONB 제도 사례를 중심으로-)

  • Kim, Do-Eun;Jung, Hae-Joon;Kang, Dong-Jin;Son, Yonghoon
    • Journal of Korean Society of Rural Planning
    • /
    • v.30 no.2
    • /
    • pp.51-68
    • /
    • 2024
  • Since 1949, the UK has implemented a national land planning strategy to sustain rural areas, emphasizing the concept of 'Natural Beauty.' This involves designating "Areas of Outstanding Natural Beauty (AONB)" as a political approach to conserving rural landscapes and fostering a societal consensus on environmental conservation. AONB adopts an integrated and systematic approach to achieve harmony between the environment and human activities. This study investigates the implications of the AONB rural landscape management approach through case studies of the Cotswolds Conservation Board and Cannock Chase Joint Committee. It examines the legislative designation and supporting processes of AONB, analyzing the governance system to clarify the roles of authorities in policy decision-making. AONB's system revolves around joint committees or conservation boards of local authorities responsible for establishing, implementing, and monitoring management plans. The planning process involves a harmonious management plan system reflecting regional demands, including regular forums. AONB serves as a powerful tool for local residents to engage in the development of their region through stewardship. The study suggests that understanding the AONB model could provide a foundation for developing rural landscape conservation and spatial management plans tailored to Korea's context in the future.