• Proceedings of the Korean Institute of Communication Sciences Conference
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• 2004.11a
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• pp.46-46
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• 2004

• Korean journal of communication and information
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• v.60
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• pp.52-74
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• 2012

Legislation needs to be understood within a political, societal relationship among lawmaking bodies rather than by legal provision itself. In order to examine features and functions of communication in the process of legislation, this study conducted focus group interviews with experts as well as in-depth individual interviews. The result of this research as follows: First, the study found that although the domestic legislative process has been made by active interactions among lawmaking subjects, it was hard to conclude that this procedure is providing effective and productive legislative agenda because of chaotic communications made along the process. Second, the study found that national legislative process has been gradually moving, although restricted, to an open political space, the National Assembly, from a closed space, the executive branch. Third, the study found a remarkable feature including growing influence of experts groups and civic organizations in the legislative process. It is a significant change that legislative staff such as National Assembly aides, investigators, expert committeemen and deputy director generals played a role of "insiders," unnoticeably influencing the legislative process, and that civic organizations and NGOs, which have been excluded in the previous legislative processes, emerged as a new influencing circle in the process. Lastly, the study found that media organizations, in the process of developing agenda, had a strong impact on the National Assembly as a subject forming public issues and as a messenger of the legislative agenda while they played a limited role in affecting the government. This study discusses why communication in the domestic legislative process is important and what are some hindering and facilitating factors in the process.

• Journal of Korean Philosophical Society
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• v.116
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• pp.79-110
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• 2010

In this paper I will consider the Rousseauistic origin of Knat's theory of Freedom. Kant's autonomous freedom which is the main theme of the Critique of practical Reason have three characteristic elements, namely spontaneity, self-lawmaking and universal validity. Rousseau mentions three kinds of freedom in his works. Natural freedom which is treated in Discourse on the origin of inequality is freedom which a man in natural state have. I proved that natural freedom is the origin of Kant's theory of spontaneity that is a essential part of autonomous freedom. Social freedom which is treated in Social contract is deeply connected with general will. General will is the power of self-lawmaking. We can easily conclude that Rousseau's social freedom is the origin of Kant's theory of self-legislation which is another essential part of autonomous freedom. The last essential part of Kant's autonomous freedom is universality that is inseparably connected with Rousseau's moral freedom which is largely mentioned in Emlie.

• Electronics and Telecommunications Trends
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• v.20 no.2 s.92
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• pp.103-114
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• 2005

EU가 채택한 "전자통신 규제 패키지"는 종래의 정보통신 산업구조가 수직통합형에서 인터넷 기술발전에 따라 물리적인 네트워크, 전송서비스, 콘텐츠로 층별로 세분화되어 가고 있는 현실을 반영한 새로운 규제체계로 평가할 수 있다. EU는 가맹 국가에대해 이 법령을 2003년 7월까지 국내법에 적용하도록 권고하였으나, 15개 회원국 가운데 이 기한까지 국내법화를 실시한 나라는 5개국에 불과한 실정으로, 여기에 대한유럽 위원회의 대응이 주목된다. 우리나라도 이 법령의 문제점을 감안하면서 현실에맞는 통신. 방송 융합을 위한 규제 법령을 조속히 정비해야 할 것으로 기대한다.

• Nuclear Engineering and Technology
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• v.37 no.3
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• pp.273-278
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• 2005

Key concepts in South Korean nuclear safety regulation are safety and risk. Nuclear regulation in South Korea has required reactor designs and safeguards that reduce the risk of a major accident to less than one in a million reactor-years-a risk supposedly low enough to be acceptable. To date, in South Korean nuclear safety regulation has involved the establishment of many technical standards to enable administration enforcement. In scientific lawsuits in which the legal issue is the validity of specialized technical standards that are used for judge whether a particular nuclear power plant is to be licensed, the concept of uncertainty law is often raised with regard to what extent the examination and judgment by the judicial power affects a discretion made by the administrative office. In other words, the safety standards for nuclear power plants has been adapted as a form of the scientific technical standards widely under the idea of uncertainty law. Thus, the improvement of nuclear safety regulation in South Korea seems to depend on the rational lawmaking and a reasonable, judicial examination of the scientific standards on nuclear safety.

• International Journal of Computer Science & Network Security
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• v.22 no.12
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• pp.125-131
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• 2022

The diversity and complexity of criminal, administrative and civil cases resolved by the courts makes it difficult to develop universal automated tools for the analysis and evaluation of justice. However, big data generated in the scope of justice gives hope that this problem will be resolved as soon as possible. The big data applying makes it possible to identify typical options for resolving cases, form detailed rules for the individualization of a court decision, and correlate these rules with an abstract provisions of law. This approach allows us to somewhat overcome the contradiction between the abstract and the concrete in law, to automate the analysis of justice and to model e-justice for scientific and practical purposes. The article presents the results of using dimension reduction, SHAP value, and p-value to identify, analyze and evaluate the individualization of justice and the differentiation of legal regulation. Processing and analysis of arrays of court decisions by computational methods make it possible to identify the typical views of courts on questions of fact and questions of law. This knowledge, obtained automatically, is promising for the scientific study of justice issues, the improvement of the prescriptions of the law and the probabilistic prediction of a court decision with a known set of facts.

• Korean journal of communication and information
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• v.55
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• pp.5-32
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• 2011

This paper is a comparative analysis of constitutional decisions in which the Korea Consitutional Court and the United States Supreme Court applied the void for vagueness doctrine into free expression issues. Common aspects are: both courts applied the void for vagueness doctrine on the grounds that vague laws bring chilling effect on freedom of expression. Acknowledging inevitable uncertainties in lawmaking and legal jargons, however, both courts required minimum standards in the void for vagueness doctrine. In the cases where unclear legal meanings resulted in constitutional challenges, both courts adopted the "narrowing construction" by the courts or judges based on average/ordinary person's understanding. The biggest differences between the two constitutional courts are their approach to the degrees of vagueness allowed in free expression cases. The U.S. Supreme Court underscored the necessity of narrowly drawn, reasonable and definite standards. Meanwhile, the Korea Constitutional Court relaxed its standards in some cases such as the National Security Law cases, even though it admitted the possibility of curtailing the right to free expression. The Court reasoned that those laws, though vague, brought with bigger social interests and are necessary tools in dealing with changing world.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.