• Title/Summary/Keyword: law amendment

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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.

Improvement Measures for the Defect Determination and the Application of Repair Method for Interlayer Cracks in Apartment Houses (공동주택 층간균열의 하자판정 및 보수공법 적용에 대한 개선방안)

  • Choi, Sangjin;Shin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.5
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    • pp.23-33
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    • 2022
  • Cracks, which account for the largest proportion of defect lawsuits in apartment buildings, are not clear on the criteria for defect determination, so judgments about defects are mixed. Interlayer cracks, which account for most of the crack defect judgment amount, tend to be judged as defects regardless of the crack width or condition, and repair methods are mostly set uniformly. This starts from the problem that the standards of the Ministry of Land, Infrastructure and Transport and the Construction Appraisal Practice, which the courts use as standards, do not match. It is necessary to establish a defect determination standard that can be applied to all stakeholders through the amendment of laws and the revision of the Court Appraisal Practice. In addition, it is necessary to apply the crack repair method according to the width and condition of the interlayer crack. If the defect determination and the application of the repair method for cracks are rationalized, it could serve as an opportunity to change the current trend of defect disputes that rely only on litigation.

Health Law and Adult Guardianship System (성년후견제도와 정신보건법상 환자의 동의권에 관한 연구)

  • Moon, Sang hyuk
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.221-254
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    • 2015
  • The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

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A Study on Public Announcement System for Property Right of Marine Architectural Building (해양건축물의 재산권 공시제도 정비방안 연구)

  • Lee, Han-Seok;Song, Hwa-Cheol;Jung, Dae
    • Journal of Navigation and Port Research
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    • v.32 no.3
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    • pp.257-264
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    • 2008
  • This study is intended to know what is the legal problems to settlement and public announcement of property right for construction of marine architectural building in Korea. Firstly, the situation and the prospect around marine architectural building are examined Secondly, the legal concepts of marine architectural building and the application of related laws are analyzed. Thirdly, the problems related to public announcement of property right of marine architectural building are suggested. Fourthly, some improvement schemes to solve the legal problems in relation with property right of buildings on the water at sea and ocean are proposed. As the conclusion, the marine architectural building can be divided into fixed-type and floating-type in order to find the proper way to handle the public announcement of property right for that sort of building. The fixed-typecan be registered as real estate according to the Building Law through the amendment of the existing related laws. But for the registration of floating-type building a new law should be made. In the near future, improvements on the legal system related with the settlement of property right of marine architectural building should be made, so that private sectors can join construction and operation of the building. Especially a new law for the floating-type marine architectural building should be made as soon as possible.

A Proposal for amendment of the Financial Intelligence Unit Law (『특정금융정보(FIU)법』의 개정을 위한 제언)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.15 no.5
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    • pp.71-76
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    • 2015
  • Financial Intelligence Unit Law doesn't include investigation on important cases that could influence the security and existence of the nation that are the core jobs of national intelligence agency. So the agency has a difficulty to investigate the international crime of North Korea and other security incidents. It is also difficult to catch an international crime organization working in Korea. It also produces problems such as difficulty in investigating the illegal leak of strategic materials and investigating people related to illegal funding to international terrorism. So it is urgently needed to revise Financial Intelligence Law as soon as possible. Foreign intelligence agencies use the information of financial intelligence unit in many different ways. National Security Agency of China and Australian Security Intelligence Organization freely use the information of financial intelligence unit based on their own laws and systems. Central Intelligence Agency and Federal Bureau of Investigation of USA and Secret Intelligence Service and Security Service of Britain request financial intelligence units to supply them with the information of financial intelligence unit. But the national intelligence agency of Korea isn't able to approach to FIU and can't share the FIU information with foreign intelligence agencies. To solve the problem, they should revise Financial Intelligence Unit Law so that national intelligence agency can receive or request information from Korean Financial Intelligence Unit.

Who Would Amend the Procedural Rules in the Legislature, and Why? An Analysis of Legislators' motivations to Propose Amendments of the National Assembly Law in the 19th Korean National Assembly (누가, 왜 국회법을 개정하려 하는가? 제19대 국회 국회법 개정안 발의 분석)

  • Koo, Bonsang;Park, Wonho
    • Korean Journal of Legislative Studies
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    • v.24 no.2
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    • pp.67-99
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    • 2018
  • This study analyzes the revision bills of the National Assembly Law in the 19th National Assembly in which the National Assembly Advancement Act was enacted, with the question "who are involved in the revision of the procedural rules, and what motivates them?" The cosponsor network analysis focusing on primary sponsors of the revision bills shows that the network was constructed by party affiliations. A small number of members with high degree centrality attempted to cooperate with each other at the cosponsoring stage, but the legislation did not pass through the related committee. In addition, this study tests the four competitive hypotheses (the committee hypothesis, the distributive politics hypothesis, the ideological distance hypothesis, and the partisan affiliation hypothesis) about the motivation to propose amendments by using the regression models which include newly measured variables. Only the committee hypothesis and the partisan affiliation hypothesis are empirically supported. This implies that partisan consideration is still significant in amending the National Assembly Law even after the National Assembly Advancement Act, and thus party leaders' willingness to seek bipartisan compromises is at the heart of problem-solving.

The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
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    • no.41
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    • pp.303-335
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    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

A Study on the Bylaw Model of Public Libraries in Korea (국내 공공도서관 조례의 통합모형 연구 - 6대 도시 광역자치단체를 중심으로 -)

  • Kweon Kie-Won;Yoon Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.31 no.4
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    • pp.113-137
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    • 1997
  • Bylaw Is essential to assuring continuity and preventing disagreements and misunderstanding. But library bylaws of the wide-area self-governing cities in Korea are complicated In structure and violated the law according to administrative authorities. Therefore, the purpose of this paper is to suggest an integrated bylaw model including goal of bylaw operations of library : the library director officers : branch libraries : substructure, use rules : assigned materials promotion committee of library promotion fund ; amendment procedures, etc.

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A Quantity Prediction Model for Reinforced Concrete and Bricks in Education Facilities Using Regression Analysis

  • Lee, Jong-Kyun;Kim, Boo-Young;Kim, Jang-Young;Kim, Tae-Hui;Son, Kiyoung
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.5
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    • pp.506-512
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    • 2013
  • Since the amendment of the law on the private sector investment in social infrastructure in January of 2005, the government has been actively promoting Build-Transfer-Lease (BTL) projects. Notably, most new educational facilities have been built as BTL projects. For these facilities, the unit cost per unit area has been applied to predict construction costs. However, since construction costs are mostly managed after the detailed design phase, the costs can be estimated incorrectly. For this reason, cost management is needed in the planning phase, with a sound approximate estimate to prevent the wasteful use of funds. To address this shortcoming, this study aims to develop a quantity prediction model for education facilities using regression analysis in the planning phase. The developed model is focused on the required quantities of reinforced concrete and bricks. In order to achieve the objective, the data of 44 educational facility projects collected from Gyeonggi-do was used in the regression model. This study can be utilized by major stakeholders to accurately predict construction costs by estimating the appropriate quantities of reinforced concrete and bricks in the planning design phase.

A Study on Legislative Conflict for Se -Jong City (세종시 설치를 위한 입법갈등에 관한 연구)

  • Kim, Yong-Chul
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.71-80
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    • 2014
  • This study focus on the legislative conflict for Se-Jong City In case of this paper, the law of administration agency centered is based on the conflict of legislative conflict present government at that time suggested the amendment of that legal status because of so many inefficiency and negative effects regardless of opponent asserts. Here there were a deep various political interests fundamentally both of sides. Legislative conflict here affects the regional conflict among the benefits and indirect benefits or nothing in any area. As the result, political interest deeply which was connected in politics influenced the big national issues, not to amend as a result government failure will be come.