• Korean Security Journal
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• no.49
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• pp.39-63
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• 2016

After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

• The Korean Journal of Archival Studies
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• no.32
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• pp.45-78
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• 2012

The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.375-383
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• 2017

In 2015, Constitutional court of Korea declared that the Resident Registration Act was unconformable to Constitution. Therefore, the Resident Registration Act have to amend the article before 2018 for allowing to change one's Resident Registration Number. The most expensive cost to change one's Resident Registration Number System is the uncomfortable cost of changing the Number. This study invests the uncomfortable cost of changing the Number by Willingness to pay Method. In result, the cost of changing all 13 numbers would \ 160,000, the cost of changing 7 numbers would \ 108,000, and the cost of making Second Registration Number would \ 110,000. This result could be used to analyze the B/C ratio of changing the Resident Registration Number System.

• The Journal of the Korea Contents Association
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• v.16 no.11
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• pp.128-138
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• 2016

On 23th December in 2015, Constitutional court of Korea decided the Resident Registration Act which could not changed one's Resident Registration Number was Unconformable to Constitution. And declared that the Resident Registration Act had to amend the article. This study analyzes the issues and preferences of people about the modification methods of Resident Registration Number System. In result, the residents agree on the autonomy of residents registration number change and prefer not including personal information to including personal information in registration number system. And the residents want to operate the Second number system besides resident registration number. However, they don't want to pay the change cost of resident registration number system. This results give a few of implications when the change methods of resident registration system would be prepared.

• The Journal of the Korea Contents Association
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• v.14 no.12
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• pp.598-606
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• 2014

While the United States and Japan have non-government film rating system, Korea and France are still maintaining governmental control process. But the restrict showing rate in Korea does possibly violate the Constitution with no theatre for the movies of that rate right now. No other visual media including broadcasting have any outer classification process before their showing. So we need to improve our system by replacing it with non-governmental system. To establish independent non-government rating system, first of all, the major companies of film industry should get together to set up Korean Classification and Rating Association, to support the Film Rating Board. The most important thing is that the board operates independently. Government can support art cinemas financially with rating fee. Juvenile protection groups have to keep watch on the process of the board going fairly as well. The chief obstacle for non-governmental rating system is the fact that major companies don't want to get it. But continuing efforts to find any rational way is worthy enough.

• Korean journal of communication and information
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• v.81
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• pp.329-362
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• 2017

This study starts from the awareness that 'rebellious communication' is still being regulated in various ways even though 'rebellious communication' was declared unconstitutional in a decision by the Constitutional Court in 2002. The meaning of 'rebellious' has been amplified and transformed at various points through the censorship systems established during the Japanese colonial era, the US military period, and the regime of Park Jung-hee. In particular, 'rebellious communication' is regulated to protect 'national security' and 'social customs' from the perspective of power. This study analyzed discourses containing judgement about the Park Jung-geun case and the violation of the National Security Law using retweet accounts or posts related to North Korea. This study explores the genealogy of 'rebellious communication' based on its relationship to the characteristics of Twitter and specific individuals.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.141-178
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• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.3
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• pp.235-241
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• 2017

With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.317-326
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• 2010

The respect for human dignity and worth is to purpose both the ideological premise and the guarantee of all the fundamental rights at the same time. Both freedom and rights which are necessary for obtaining those purposes should be guaranteed. "A human has dignity and worth as a human being" is that a nation exists for an individual between an individual and a nation. It declares democratic ideology. It becomes a ultimate standard to solve a problem of the interpretation of an article of a law and the effect of a law. The right to pursue one's happiness is necessary to persue one's happiness. The rights comprehensively covers even the freedom and the right without in an article of a law. It shows a positive rights like a social fundamental rights in a minimum level of a law. According to the precedent of the Constitutional Court, as the right to pursue one's happiness is in area of a common action, the free manifestation of the authoritative individuality, and self-determination in category, this study is to emphasize the importance of the right to pursue one's happiness throughout its meaning and the precedent of history legislation.