• Journal of National Security and Military Science
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• s.8
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• pp.1-48
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• 2010

The purpose of this study is to examine and analyze the Untied Nations' efforts for peace on Korean peninsular after CCF's participation in Korean War. The Untied Nation tried to negotiate th peace plan between two sides from the end of 1950. Once the CCF's entry into the war had been confirmed, the war situation moved to a new phase, and the UN forces, which had guided the war in an effort to destroy the NKP A forces, and to punish North Korea, had to set up new guidelines to cope with the new situation. Accordingly, in late November, 1950, the UN forces camp, mainly the US Joint Chiefs of Staff and the United Nations Command, discussed various options, such as an expansion of the war up to the Chinese territory, a cease fire along the 38th Parallel, or a forced and inevitable evacuation. The Korean delegation to the UN insisted that "the unification of Korea should be achieved only by victory in the war. The Chinese intervention in the war is a Challenge to the UN in the same way as the North Korean invasion. The UN participation in the war was to repulse the invasion. With the same spirit we should drive back the Chinese Communists." The Korean delegation also emphasized to the friendly nations the political objective and will of unification, and that a cease fire at a threshold of unification might return us to the status quo ante bellum, and would be contrary to the Korean nation's desire. At that time, particularly, the US strongly considered the employment of nuclear weapons as one of the new strategies to cope with the Chinese invasion. The international effects of these casual remarks were realized almost at once. The British Prime Minister who had not wanted the expansion of war in the Far East, especially from the view point of the interest of NATO's security, visited Washington. so the conference had a very important meaning for the UN forces' new strategy. On the other hand, at the UN, on the 5th of December, the very day Truman and Attlee agreed to seek a cease-fire under UN auspices, a group of thirteen Asian and Arab states proposed to ask China and North Korea not to cross the 38th Parallel, and sounded out both sides about a cease fire along the 38th Parallel. The United States and the United Kingdom gave their assent, but China and North Korea gave no direct response. The CCF, who were securing the initiative of operation, were not agreeable with the proposal of the UN forces. The Untied Nation has tried to negotiate th peace plan between two sides from the December of 1950 and January of 1951. The Untied Nations' has achieved great results to negotiate for the peace plan on Korean peninsular after CCF's participation in Korean War. It's the results considering both the operation situation and political opinions.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.69-105
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• 2020

In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.22-43
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• 2016

State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.