• The Korean Journal of Archival Studies
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• no.56
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• pp.49-80
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• 2018

Archives Innovations have been generalized by the legislative system since 1999 in Korea. Although the legislative system is necessary to develop national archives system, it seems to be true in most situations or for most people. This study argued that it may not be completely true in all cases. And this study aimed discourse for more discussions about archives.

• Proceedings of Korean Society of Archives and Records Management
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• 2019.05a
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• pp.55-60
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• 2019

The cloud records management system has the following problems. It has not been accompanied by a change in the legislative system and has not been exploited the benefits of cloud technology. In addition, it has not been considered for changes after system construction. To solve this problem, the contents of the Fourth Industrial Revolution should be reflected in the improvement of the legislative system and the long-term development strategy of the national archives system. A fundamental review of the records management system is also required, and in the process of e-government, the National Archives should act as a pan-government records management control tower.

• Journal of Korea Technology Innovation Society
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• v.11 no.4
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• pp.532-562
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• 2008

Recently, one of the issues to be discussed from the viewpoint of product management in National R&D Programs is about the management of intellectual property produced by joint research and development. According to existing legislative system, the main R&D institute and collaborative enterprise own the patent produced by joint R&D activities together at the rate of investment. But, there are many discussions if that is right in legal principles and in substance. Patents by Cooperative National R&D Programs are very different from common patents because of its characteristics and have scheme controlled complexly by related laws and ordinances. This paper aims to review the legal theory on the possession and utilization of patents produced by Cooperative National R&D Programs, and to try to find out the improvement of existing legislative system. For this purpose, after looking into the meaning and the legal system of Cooperative National R&D Programs, and examining the ruling theory on the possession and utilization of co-invented patent, finally research the problems and improvement of existing related legislative system.

• Journal of Korean Society of Rural Planning
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• v.14 no.4
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• pp.69-76
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• 2008

The purpose of this study is to propose the rural landscape planning criteria for Korean rural area. For this, the meaning of rural landscape is defined, and the legislative framework and several legal processes are surveyed, including the deliberation system for natural landscape impacts and the Landscape Law recently legislated. Through literature studies and analysis, the rural landscape planning criteria are proposed, which have step-by-step processes; goals and objectives, analysis and estimation for present conditions, basic planning concept, landscape planning for different visual landscape types, landscape designing for visual elements, and practical action plans. Each processes are designed considering the existing legislative framework, so it can be well-matched to current systems. But, because there are few rural landscape plans so far, comparing to the urban landscape plans, the validity of this criteria should be verified in the future studies.

• Ocean and Polar Research
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• v.30 no.1
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• pp.59-77
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• 2008

The purpose of this study is to carry out a comparative analysis of Korean and US Sea Grant College Program (SGCP). The important lesson learned from the US SGCP is that ocean policy requires active interaction among public and oceans since oceans are far from constituents, law makers and government officials. Also, Sea Grant Program (SGP) should be based on universities so as to facilitate the use of equipment and expertise, there is a need for a well-organized control system, legislative mandates and strong government financial support, and sea grant activities must be well combined with regional/local outreach, education and research at the appropriate level.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.203-249
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• 2009

It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

• 중국학논총
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• no.72
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• pp.161-177
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• 2021

鄧小平1978年12月在中央工作會議閉幕會上的講話中提出民主和法制問題以后, 中國共産党着力加强法制建設。最近習近平上台以后, 看來中共正試圖進一步收緊法律。中國傳統思想包括諸子百家長期存在, 對社會的各个領域都産生了影響。我認爲中國人對現代法制的認知基础是受一定的法家思想影響的。本文探討了新中國成立以來中共的加强法制的過程及与法家思想關連性。主要探討了毛澤東时代最高領袖的權力和法家思想中的統治術, 改革開放以來社會秩序的建立和法家思想尋求的大一統, '新时代中國特色'和法家思想的与时俱進的歷史觀。

• Korean Journal of Legislative Studies
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• v.15 no.1
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• pp.93-118
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• 2009

Why the National Assembly of Korea shows the serious disagreements or arguments in its operation? Regarding the question, this study pays attention to the perceptual differences among the parties for the structure of collective decision-making in the National Assembly of Korea. In addition, this study asserts that deepens the conflicts and the distrust in it. To be more specific, this study discusses about the optimal model for collective decision-making in legislative politics based on Buchanan and Tullock's opinion about it. And then, the trust in legislature forms the basis that makes it possible to respect the will of majority and protect the right of minority. The main reason that can't make the collective decision-making optimally in the National Assembly of Korea is to fight each other without the consensus about it. In this vein, making the collective decision-making optimally and recovering the trust among the parties are necessary to adopt a more consensual system. It will be helpful to prevent the use of noninstitutional means like the outside struggles or physical resistances in the National Assembly of Korea.

• Convergence Security Journal
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• v.12 no.2
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• pp.71-86
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• 2012

In the twenty-first century, it tends to deepen rich-poor gap and differences related to geographic location because of characteristic of polarization and diversification. Various social conflict that appear in the twenty-first century preclude independent effort and active of police from responding various public order problem of community The most important thing is widespread participation and cooperation of inhabitant and community in order to cope with various social change like localization, decentralization and democratization. Above all things, as human rights guardian in order to gain nation's trust, the police should induce dynamic change to desirable police which is wanted by nation in the organization. To achieve this, the police must overcome many negative customs and obstacles remaining organization despite endeavor of the police. In this manuscript, for this discussion, we search simply historical process of development, seek conception of the disadvantaged in regard to police duty, analyse the reality of human rights violation of the disadvantaged in execution of police duty through statistics and case study, find the problem and seek proper solution through improvement of the police legislative system.

• International Journal of Advanced Culture Technology
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• v.7 no.2
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• pp.7-12
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• 2019

Korea's laws regarding ICT must follow the Void for vagueness doctrine, the Principle of forbidden general delegation, the Principle of justification of system and the Principle of balancing test in the Constitution. The Act for the Promotion and Convergence and so on of Information and Communication in the Future should be improved as follows. It is desirable to improve the part where the principle of system justification of the Constitution is problematic in relation to existing laws. It is desirable to improve the ICT's policies on industry and convergence technologies so that they are well balanced between promotion and regulation of ICT's industries. It is desirable to improve the information service policy and legislative makeup relationship between various government agencies related to ICT. It is therefore desirable to improve the institutional complement to the post-regulatory framework for the protection of users of ICT in the future. It is desirable to create a device to replace the functions of the Information Service Budget Council in the special law of ICT.