• Title/Summary/Keyword: legal basis

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Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

A Study of Legal system of Chinese Farmer Professional Cooperative(CFPC) (중국 협동조합(농민전업합작사)의 법과 제도에 관한 연구)

  • Du, ChengLin;Kwon, JuHyoung;Chang, SugIn;Joeng, Gangwon
    • Industry Promotion Research
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    • v.5 no.2
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    • pp.93-103
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    • 2020
  • The purpose of this study is to provide a basis for the sustainability of cooperatives, To provide theoretical support for healthy development and academic research. The purpose of this study is to improve people's understanding of cooperatives (farmer professional cooperatives) in China. First of all, we analyze the background and concept of the introduction of cooperatives and the use of the latest advance research in China and South Korea; Secondly, we propose the status of Chinese cooperatives and the growth process of the legal system; Thirdly, we focus on the law and system of Chinese farmer professional cooperatives. Therefore, this study proposes the following four enlightenments : First, China should continue to improve and improve its legal systems, such as the tax assistance legal system, financial preferential legal system, and technical assistance legal system. Secondly, it is necessary to strengthen government supervision of cooperatives, improve the internal system of farmer cooperatives, improve the financing policies of farmer cooperatives, grasp the relationship between development and regulation, and form a development model centered on farmers. Third, the development of farmer cooperatives must be integrated with the local culture. Fourth, we must strengthen the training of cooperative members and strive to improve the level of management and self-innovation.

Legal Institutional Improvement for Activating National Supercomputing Ecosystem (국가슈퍼컴퓨팅 생태계 활성화를 위한 법제도 개선방안)

  • Huh, Taesang;Jung, Yonghwan;Koh, Myoungju
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.641-651
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    • 2021
  • Supercomputers have played an important role in various fields such as science, industry, national security and solutions for social issues, and their demand is increasing significantly as their use is strengthened in areas using big data and AI. Recently, competition for global exascale system development is accelerating based on various architectures, and the era of exascale computing is expected to come in the near future. However, the foundation of the domestic supercomputing ecosystem was lost due to the decline of the server industry in the past, and although the related law was enacted to supplement and foster it, it has not been able to perform its function smoothly. Therefore, this article examines the problems in the current legal system through the analysis of the relevant legal system and the status of the supercomputing ecosystem, and suggests improvements so that the relevant legal system, which can accommodate the reinforcement of the role of the government·national center·professional center, support for industries, promotion of commercialization of research results, and flexibility of government promotion policies, can prepare the basis for the promotion of the supercomputing R&D project.

Hong Kong's Anti-Ordinance Amendment Movement and the Trend of Change in the One Country-Two System (香港反修例运动与"一国两制"演变趋势)

  • Tian, Feilong
    • Analyses & Alternatives
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    • v.3 no.2
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    • pp.59-85
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    • 2019
  • The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

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Characteristics of Korea's Groundwater use Rights and Suggestions for Groundwater Management Direction (우리나라 지하수 이용권의 특성과 지하수 관리 방향 제언)

  • Ayoung, Jeong;Yunjung, Hyun;Eun-jee, Cha;Jongwon, Kim
    • Journal of Soil and Groundwater Environment
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    • v.28 no.6
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    • pp.1-8
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    • 2023
  • In order to efficiently manage groundwater resources, it is necessary to establish clear definition about the rights to use groundwater because it directly governs the interests of various stakeholders, from users to policy makers. In this paper, we examined the characteristics of Korea's rights to use groundwater through legal precedents, public recognition, laws, and institutional stipulaton. Inclarity about the scope and definition of the right, and the absence of legal basis ruling the exclusion and duration of groundwater use have entailed numerous cases of legal disputes between the parties with incompetible interests. In the perception survey, various responses were obtained from the surveyee regarding the scope of rights perceived by groundwater users, how to respond to groundwater shortages, and opinions about expanding public uses of groundwater. In Korea, the legal authority to use groundwater is governed by different laws while considering groundwater as both private and public property. In foreign countires, the right to use water is separated from property ownership, and it limits the volume and pumping rate of groundwater during a specified period. In order to better manage groundwater resources, it is necessary to come up with a public consensus on the right to use groundwater by considering the opinions of various stakeholders and accomodating them in adminstrative effort in directing groundwater management.

Problems of the Act and Subordinate Statutes Related to the Regulation of Radiation Safety for Diagnosis (진단용 방사선 안전관리 법령의 문제점에 관한 연구)

  • Lim, Chang-Seon
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.97-118
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    • 2022
  • The use of diagnostic radiation in medical institutions is rapidly increasing. Accordingly, the collective effective dose is on the rise every year. Therefore, it is necessary to reduce the radiation exposure of the person undergoing the radiation examination as low as reasonably achievable. And we must establish a legal system to perform the safe management of radiation for diagnosis efficiently. In this way, I went over the problems of the Act and Subordinate Statutes regarding radiation safety management for diagnosis. As a result, the main contents are as follows. First, in the 「Medical Service Act」, there is no basis for the Safety Inspection Institute of Radiation and Radiation Exposure Measuring Institutes. And there are no provisions concerning delegation of administrative disposition. Therefore, it is necessary to secure legal justification by providing the basis for the Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes and the basis for administrative dispositions against these institutions in the 「Medical Service Act」. Second, the 「Rules on the Installation and Operation of Special Medical Equipment 」 should be integrated with the 「Rules on the Safety Management of Radiation Generators for Diagnostics」 to unify administrative procedures such as reporting for radiation special medical equipment for diagnosis. Third, in the case of violating the diagnostic radiation safety management standards in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」, it is necessary to supplement the insufficient sanctions such as administrative disposition. Fourth, regulating diagnostic radiation and therapeutic radiation used in medical institutions with the dual legal system of the 「Medical Act」 and the 「Nuclear Safety Act」 is not efficient in the safety management of diagnostic radiation. Therefore, it is necessary to uniformly regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in the 「Medical Service Act」 system.

Information Resources for the Establishment of Tolerances on Pesticide Residues in Water Quality (수질중 농약잔류 허용기준 설정을 위한 근거자료)

  • Lee, Su-Rae;Kim, Yong-Hwa;Lee, Mi-Gyung
    • Korean Journal of Environmental Agriculture
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    • v.14 no.3
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    • pp.351-373
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    • 1995
  • The objective of this paper is to present relevant information and data from domestic and foreign references and to propose legal standards on pesticide residues in order to mitigate the pesticide contamination in the water environment. Among 200 pesticide ingredients in use in Korea, items necessary for standard setting were selected and theoretical residue limits were computed. The results are summarized as follows. In advanced countries, drinking water standards are established on the basis of health index ADI and water intake, whereas standards for surface water are established temporarily on the basis of different parameters, inconsistent with different countries. Pesticide residue limits applicable in Korea were proposed for 24 pesticides in drinking water(health basis) and for 25 pesticides in surface water(ecotoxicological basis), as selected by risk priority. It was recommended to accumulate scientific data by persistent research efforts in order to maintain the justification of the pesticide residue limits in water and relevant research topics to be undertaken in future were proposed.

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Tests of Land Boundary Using Orthoimages (정사영상을 이용한 토지경계설정 실험)

  • Lee, Young-Jin;Ryu, Su-Hyun;Kim, Ho-Young;Park, Jung-Hwan
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2010.04a
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    • pp.289-290
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    • 2010
  • Orthoimage, digital map, cadastral map, and areas and district were converted and overlaid so as to apply legal restrictions on boundaries set by a land object concept restriction line and to analyze boundaries formed by overlaying areas and districts and characteristics of restrictions. With the restriction lines made on the basis of orthoimage.

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Comparison of ESCO and Greenremodeling (ESCO사업과 그린리모델링 사업의 특성 비교)

  • Yeo, Chang-Jae;Yu, Jung-Ho
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2014.11a
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    • pp.123-124
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    • 2014
  • Ministry of Land, Infrastructure and Transport try to run the Greenremodeling business to reduce greenhouse gas emissions and energy use. But the role of the Greenremodeling company were undecided yet. In this study, we established the role of the Greenremodeling company and legal basis for perform the Greenremodeling to analyze the ESCO.

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