• 제목/요약/키워드: legislative law

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Korean 'Social Welfare' Delivery System and Its Discourse Relation - Historical Formation, Pathway, and Present Issues - (우리나라 '사회복지' 전달체계와 담론적 작용 - 역사적 형성과 경로, 쟁점 -)

  • Kim, Young Jong
    • Korean Journal of Social Welfare
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    • 제69권1호
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    • pp.175-197
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    • 2017
  • This study aims to analyze the formation of Korean social welfare delivery system and its pathway, from which the pending issues are to be discussed on the organizations and personnel of the delivery system using the word 'social welfare' with its related discourse. Historical institutionalism is chosen as the perspective to explain path-dependent change and critical juncture, and various legislative data are used as the indicative signals for the discourse of 'social welfare'. The results of the study are as follows. First, the term 'social welfare' began to be institutionalized in Korea by the enactment of Livehood Protection Law(1961). Second, the policies by the year 1987 of expanding social welfare center and introducing social welfare professionals as civil servants form a critical juncture which makes the social welfare discourse realized as the institutional realities. Third, until the year around 2014, the system has not changed in the perspective of macro framework. Fourth, currently the system shows several signs of severe turmoil, which might lead to dismantle the system of 'social welfare' discourse. To conclude, this study shows the possibility of explaining organizations and personnel composing the social welfare delivery system by the usage of discourse analysis, treating it as an analytical entity.

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Service Issues and Policy Directions for Promoting the O2O Industry in Korea (국내 O2O 서비스 이슈 진단 및 산업활성화 정책 방향 제안)

  • Kim, Dongsoo;Kim, Kwanho;Choe, Donguk;Jung, Jae-Yoon
    • The Journal of Society for e-Business Studies
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    • 제21권4호
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    • pp.137-150
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    • 2016
  • A variety of O2O (Online to Offline) services such as Uber, Airbnb, and KakaoTaxi that create new values by connecting offline and online have emerged in the world. O2O services support the convenience of online services and the real-life capability of offline services simultaneously. Thanks to the development of ICTs such as mobility, IoT (Internet of Things), Fin-tech, and big data technologies, the market size of O2O industry is growing very rapidly. This paper reviews various O2O services and industry trends in Korea. In addition, important issues on O2O services and industry promotion are reviewed and presented. Specifically, legislative issues regulating the O2O industry in Korea, interest conflicts between new O2O platform providers and existing traditional offline service providers, current technology infrastructures for O2O services, and negative or side effects of O2O services are reviewed and summarized. Finally, comprehensive policy directions are proposed based on these reviewed issues. It is expected that the proposed policy directions would be adopted by the government and this research could consequently contribute to strengthening the competitiveness of the O2O industry in Korea.

Direction of Laws and Policies for the Regulation of Internet Personal Broadcasting (국내외 인터넷 개인방송 규제현황 및 규제 방향성 제언)

  • Lim, Han Sol;Jung, Chang Won
    • The Journal of the Korea Contents Association
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    • 제20권2호
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    • pp.248-264
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    • 2020
  • This study aims to analyze the social and legal status of Internet personal broadcasting in Korea and propose the direction of personal broadcasting regulation based on overseas regulatory laws and the media characteristics of Internet broadcasting. The influence of Internet personal broadcasting has increasing, and social and legal problems such as pornography and fake news have also growing. In the absence of legal regulations on personal broadcasting on the Internet, academia is also discussing relevant legislation and policies at a general level of analysis. In addition, the current study argues that new legislative research is needed to respond to the rapidly changing media environment and to cope with the newly introduced Internet broadcasting content and platforms. The findings suggest that freedom of expression is a significant value, yet obscene materials for minors should be thoroughly regulated, and that internet personal broadcasting should be regulated to the minimum extent through self-regulation guidelines through cooperation between councils and related agencies or businesses. The significance of the current study indicates that it proposed the practical and concrete laws for the improvement of the quality of Internet personal broadcasting content, the establishment of new broadcasting policies for fair and diverse content development, and the efficient and fair regulation of personal broadcasting content.

Collection of Location Data and Human Rights to Information projected onto the Apple Inc.'s Case (애플사(社)의 위치정보 수집과 정보인권)

  • LEE, Min-Yeong
    • Informatization Policy
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    • 제19권1호
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    • pp.74-90
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    • 2012
  • This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

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A Study on the Overcoming of the Legal Limits and the Status-Consolidating of the Online Services of the German Public Broadcasting System as the Third Media (독일 공영방송 온라인 서비스의 법적 한계 탈피와 제3의 미디어로서 위상 확립과정에 관한 연구)

  • Ko, Su-Cha
    • Korean journal of communication and information
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    • 제47권
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    • pp.74-95
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    • 2009
  • With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

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Influence of Democracy on Social Policy : The Case of Defective Democracy in Korea (민주주의가 사회복지정책에 미치는 영향 : 한국의 결함 있는 민주주의를 중심으로)

  • Lee, Shin-Yong
    • Korean Journal of Social Welfare
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    • 제59권4호
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    • pp.137-162
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    • 2007
  • In democracy basic rights such as political equality and participation through elections have been respected, opportunities of corporation and opposition have been guaranteed, and ability of self-learning and self-correction have been developed. These positive factors give preconditions for the welfare development in the democratic state. Because in this state adults get the suffrage and the open competition for official positions induces political parties use social policies as means to win the election. That is to say, political parties have an incentive to use various social policies to win the election. Democracy, therefore, has affinity with social policy. The affinity between democracy and social policy can be found also in Korea which was democratized in 1987. But, in Korea, the positive relationship between democracy and social policy is very weak due to the problem of constitutional structures. Korean Parliament usually enacts abstract social act and delegates the right to fill concrete contents of the social acts to the executive. Delegation itself has no problem, but excessive delegation is a problem since the executive can overuse its discretion as sacrificing the social rights of the citizen. In addition social consensus could not be achieved in this constitutional structures, which are a obstacle to establishing a political process in the Parliament to promote the welfare development through party competition. Excessive delegation should be reduced, and the Parliament should fill concrete contents of the social acts as exercising its legislative power more. Then a mechanism of welfare development can be launched in Korea.

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A Study on the Perception of Scattering Ash Facilities in Metropolitan Public Crematorium (수도권 공설화장장의 산골시설 인식에 관한 연구)

  • Nam, Yunju;Lee, Pil-Do
    • The Journal of the Convergence on Culture Technology
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    • 제5권4호
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    • pp.67-77
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    • 2019
  • Korea, which has changed from burial-oriented culture to cremation culture due to the increase of cremation rate, preferred charnel: however, we have adopted the new processing method of cremated remains, 'natural burial' because of deterioration of charnel facility and the problems with imposed urns. Ashes are absolutely required due to the inefficient use of territory for charnel and natural burial and natural environment pollution, but this is out of legislative system in reality. This study will hold an investigation research on ashes that handles cremated remains which is not mentioned in 'Act on Funeral Services, Etc.' as well as investigate the present-condition of 'facilities for scattering cremated ashes,' as prescribed by law. As a result, there were 42 public crematoriums with a place for scattering cremated ashes, and the name of 40 of them were hill of grave. We conducted a survey to see if the workers at public cremation facilities in the Seoul metropolitan area knew about hill of grave, 'the facilities for scattering cremated ashes.' The result showed 95.9% knew about hill of grave and 88.2% answered some improvement was partially needed. Therefore, this study is to propose improvement measures for the scattering ashes facilities of public crematoriums based on the results of research and present investigation.

A Study on Social Responsibility's Legal Aspects and Its Expectation Effectiveness of Chinese Large Commercial Banks (중국 대형상업은행 사회적 책임의 법률적 측면 및 기대효과에 관한 연구)

  • Roh, Eun-Young;Kim, Ju-Won;Kim, Yong-June
    • International Area Studies Review
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    • 제18권3호
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    • pp.147-173
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    • 2014
  • The economic growth of China, an average of 9% as an external performance, has caused lots of side effects in the country. The social issues such as income gap, especially the wide gap between the rich and poor, and regional divide are the main cause of concerns that China's economic growth is not sustainable. It prompted the Chinese government to realize that institutional regulations on CSR are not optional but required to promote the sustainable development of corporations. In 2006, CSR was addressed for the first time in China, as the government established the November 5 Plan and revised "Company Law". The government garnered social attention by introducing CSR for the first time in November 5 Plan. Also, the government established December 5 Plan in 2011 to set a key goal as 'sustainable development' and reflect concrete measures for CSR in its corporate policy. In particular, Commercial Bank has a social responsibility to establish more concrete, forceful regulations than those of general corporations, as a financial intermediary. Thus, this study is aimed at exploring how the social responsibility of Commercial Bank is reflected in the Banking Act, the issues, and legislative directions on the social responsibility of Commercial Bank in China.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • 제28권1호
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

The Research about Literature Museum Network Organization and Operation plan for Establishment of Literature Promotion Infrastructure (문학 진흥 인프라 구축을 위한 문학관 네트워크 조직 및 운영 방안 연구)

  • Che, Keunbyung
    • 지역과문화
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    • 제7권2호
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    • pp.57-84
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    • 2020
  • The Literature Museum Network aims to realize the legislative purpose of the Literature Promotion Act and achieve balanced development of local literature centers across the country. In the Literature Museum Network, the literature museum network support center will be established by region to take charge of cooperation projects between local literature centers, which will be the culmination of the National Literature Museum of Korea. It is intended to test-run various projects planned by the Munhakwan Network Support Center to create derivative contents, or to establish a regional hub literature center in charge of education and other affairs of the literature museum's workforce. If the existing metropolitan administrative districts are used to form zones, the entire country can be organized into four zones. They include the Seoul-Gyeonggi Literature Museum Network (23 local literature centers), the Gangwon Chungcheong Literature Museum Network (32 local literature centers), the Yeongnam Literature Museum Network (30 local literature centers), and the Honam Jeju Literature Museum Network (22 local literature centers). One literature museum network support center will be established for each region and one local literature center will be selected as the hub literature center. The Literature Hall Network Support Center is in charge of collecting and managing literary materials, developing contents and programs, promoting and foreign cooperation, etc. The hub literature museum will be in charge of pilot operation of content and programs, training and education of experts in the literature museum, and running joint storage facilities. This structural system and efficient operation of the literature museum network will ultimately provide an opportunity for the formation of cultural governance in which the power and public nature of the establishment of literary promotion infrastructure are secured.