• Title/Summary/Keyword: The legislative system

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The Practice and Effect of Water Conservation Legislation in China

  • Liu, Dingxiang;Li, Jianguo
    • Proceedings of the Korea Water Resources Association Conference
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    • 2012.05a
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    • pp.19-19
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    • 2012
  • After more 60 years' legislative practice of water resources protection, the Chinese government has initially established a legislative system of water resources protection, based on Water Law. From the development course of water resources protection legislation, the paper mainly analyzes the legal framework, main content & management system of water resources protection, and pointed out the improved direction of water resources conservation legislation in China in the future.

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A Study on the Medical Dispute Arbitration Law in Terms of Civil Law (의료분쟁조정법안(약칭)의 민사법적 고찰)

  • Jeon, Byong-Nam
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.11-52
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    • 2010
  • Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of 'Act on Malpractice-related Damage Relief' or 'Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

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A Study on Cloud Network and Security System Analysis for Enhanced Security of Legislative Authority (입법기관의 보안강화를 위한 Cloud 네트워크 분석 및 보안 시스템 연구)

  • Nam, Won-Hee;Park, Dea-Woo
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.15 no.6
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    • pp.1320-1326
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    • 2011
  • National institutions on the importance of information security is being recognized, information security laws are being discussed in Congress 3.4 DDoS incident and Nonghyup hacking, etc. However, National Assembly Secretariat when the results of the Information Security Consulting has been assessed very low 61.2 points, evaluation of hardware and software in secure areas were vulnerable. This paper, the legislative support agencies National Assembly and National Assembly Secretariat on the network and computer systems, and managerial, technical and physical security elements are analyzed for the status. And network should have the legislative support agencies and system for the physical network separation, DDoS attack response, Virus attack response, hacking attacks response, and Cyber Emergency Response Team/Coordination Center for Cyber infringing design and research through the confidentiality, integrity, availability, access control, authentication and security analysis is based on the evaluation criteria. Through this study, the legislative support agencies to strengthen the security of data and security laws enacted to provide the basis for.

A Study on the New Legislative Trend of Cybersecurity of U.S.A (미국 사이버보안 입법의 신경향 연구)

  • Park, Sang-Don;Park, Hyun-Dong;Hong, Soon-Jwa
    • Convergence Security Journal
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    • v.11 no.4
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    • pp.19-29
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    • 2011
  • After a change of government and the inauguration of President Barack Obama in 2009, there are various effort to set up a cybersecurity policy which is better than its predecessor. The legislative trend of cybersecurity is the one aspect of that. So we compare the legislative trend of cybersecurity in the Obama era to one in the Bush era and analyze that and find items which is helpful to Korea. It seems that the point of cybersecurity legislation of U.S.A. changes from tougheners of penalties to improvements to implementation system. We can find the implications for Korea From that. Cybersecurity is covered as a problem all over the nation and a security problem. It is necessary for Korea to get ready for new Pax Americana in cybersecurity in advance and to guarantee fundamental human rights.

Establishing a Unified System of China's Aviation Law -Theoretical Analysis and Legislative Proposals

  • Xuan, Zengyi
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.181-202
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    • 2011
  • In the recent years, China's aviation industry has gained visible progress. Meanwhile, China's aviation law system has become more and more complete. However, in this system, many problems still exist, especially lacking a unified aviation law, which limits the development of China aviation industry, general aviation in particular, and hinders the economic growth. This article aims to raise the basic structure of China's unified aviation law system and proposals on the basis of analysis on the existing problems in our current aviation law system.

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A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.417-426
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    • 2021
  • Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

Improvement Plans of the Parliamentary Inspection System in the Information Society

  • Park, Jong-Ryeol;Lee, Young-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.3
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    • pp.181-190
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    • 2019
  • Today, in the information society, since the government administration of all countries places importance on clarity and efficiency, the authority concentration of the administration is inevitable. Therefore, the Parliament, which is a legislative body, is at a time when the policy control function to check and monitor it is becoming more important. In particular, due to the emergence of parliamentary democracy, in the reality that the people must elect representatives and represent their own opinions, the parliamentary inspection system is very valuable in that it satisfies the right of the people to know and ultimately enables the people to democratically control the administration. The role of the Parliament moves from the inherent legislative function to the information collection and disclosure of government administration, discussion and resolution of political issues, and observation and supervision of the administration. And it can be seen as the global trend. As a result of this trend, status and role of the National Assembly is being strengthened from the legislative body to the control agency of government administration. Thus, the most substantive authority of Article 61 of the Constitution can be deemed the parliamentary inspection system. The parliamentary inspection system is a system that let exercise the legislation, budget, and authority to control of state administration by identify the challenges and policy implementation of each country's institutions through the audit of the executive administration's overall government administration performance outside the National Assembly. However, due to the amendment of Constitution in 1988, the parliamentary inspection right and investigation of state administration right had reinstated and the parliamentary inspection system, which is being implemented annually, is the 31st year of the year in 2019. However, the general evaluation of the public is negative and insufficient time for inspections, lack of sanctions on nonattendance witnesses, excessive data submission, and refusal to submit materials by the administration were pointed out as the problem. Therefore, in this paper, the researcher tries to point out the overall problems of the parliamentary inspection system and to summarize the effective improvement plans.

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.

A Study on Evaluation of Information Security Awareness and Security Level about Legislative Authority (입법기관의 보안성 평가와 정보보호 인식 연구)

  • Nam, Won-Hee;Park, Dea-Woo
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2010.05a
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    • pp.269-273
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    • 2010
  • 7.7 DDoS incident due to recent events and the emerging importance of privacy and Privacy laws are being discussed in the National Assembly. In this study, Legislative Assembly Secretariat support organization focused on using the system, such as the Internet network and the administrative, technical and physical security elements on the status of confidentiality, availability, integrity and security criteria to identify and follow and We are analyzing. In addition, the Internet, including network and use the system primarily for use, Legislative support agency, The National Assembly Secretariat staff awareness about information security and privacy on the survey for compliance with codes of conduct and We are analyzing. Through this analysis of legislative support agencies' security status, and social responsibility as an institution will wish to encourage the role.

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Legislative and policy issues related to the advancement of the maintenance system of water resource facilities (수자원시설물의 유지관리 체계 선진화를 위한 입법 및 정책과제)

  • Lee, Giha;Yeon, Minho;Lee, Daeeop;Kim, Seongwon;Kim, Jinsoo
    • Journal of Korea Water Resources Association
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    • v.53 no.spc1
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    • pp.773-784
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    • 2020
  • In this study, legislative and policy issues related to advancing the maintenance system of water resource facilities were presented by investigating and analyzing the degree of aging and management status of water resource facilities. Data from the comprehensive Facility Management System (FMS) operated by the Korea Infrastructure Safety Corporation were collected and used to analyze the aging of water resource facilities. Using safety grade data categorized by facility, type, local area, and grade, the ratio of dangerous facilities and the aging rate were calculated to analyze the status of water resource facilities and guidelines and manuals related to water resource facilities were investigated. Through this, four required actions to address legislative and policy issues were presented: 1) Readjusting the scope of water resource facilities and supplementing guidelines and manuals, 2) Establishing a maintenance system considering changes in disaster conditions, 3) Improving the FMS and activating standard linkage services, and 4) Establishing a facility asset management system.