• Journal of Legislation Research
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• no.54
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• pp.7-37
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• 2018

This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.4
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• pp.151-160
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• 2018

The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

• Resources Recycling
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• v.12 no.5
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• pp.3-9
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• 2003

In order to prospect current recycling status in Korea, legislative system and policies relating to recycling, wastes generation and recycling rate were reviewed. Approximately 260,400 ton/day of wastes was generated in 2001. 48,400 ton/day of household waste and 212,000 ton/day of industrial waste. During the last ten years, waste management laws such as waste disposal law, recycling law and environment friendly industry law were prepared. In this article, concerning over waste generation and recycling, recycling law, Extended Producer Responsibility System and the problems and technological developments associated with recycling were summarized.

• Journal of Information Technology Services
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• v.5 no.1
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• pp.61-81
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• 2006

It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• International Journal of Advanced Culture Technology
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• v.7 no.2
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• pp.7-12
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• 2019

Korea's laws regarding ICT must follow the Void for vagueness doctrine, the Principle of forbidden general delegation, the Principle of justification of system and the Principle of balancing test in the Constitution. The Act for the Promotion and Convergence and so on of Information and Communication in the Future should be improved as follows. It is desirable to improve the part where the principle of system justification of the Constitution is problematic in relation to existing laws. It is desirable to improve the ICT's policies on industry and convergence technologies so that they are well balanced between promotion and regulation of ICT's industries. It is desirable to improve the information service policy and legislative makeup relationship between various government agencies related to ICT. It is therefore desirable to improve the institutional complement to the post-regulatory framework for the protection of users of ICT in the future. It is desirable to create a device to replace the functions of the Information Service Budget Council in the special law of ICT.

• Journal of the Korean Society of Clothing and Textiles
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• v.44 no.6
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• pp.1120-1138
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• 2020

This study focused on the increasing fashion industry disputes that have resulted from the development of technology and industry. This study examines the improvement of domestic law, along with U.S. precedents that represents a larger fashion market and more legislative cases than Korea. Analyzing previous studies in Korea and the U.S. for theoretical background, it has uncovered limitations that apply to fashion design-related cases, rather than entire lawsuits involving various fashion industries. This study divided litigation into lawsuits involving products, human resources, and other lawsuits (such as incidents such as breach of contract, and portrait rights). Therefore, most lawsuits are related to products because of false socio-cultural perceptions about design imitation in the fashion industry. Lawsuits related to human resources are expected to arise due to the expansion of the Korean fashion industry and the expansion of overseas markets. Finally, new and unexpected conflicts will arise as the environment and social structure diversify. The importance of this study is that real case analysis can help reduce disputes because it can resolve legal instability due to the ambiguity of the interpretation of current law and suggest implications for dispute resolution.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.109-137
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• 2023

This paper reviews legal framework, characteristics and main contents of the 'Optional Rules for the Arbitration of Disputes Relating to Outer Space Activity' enacted by the Permanent Court of Arbitration (PCA) in 2011. Space activities, which began in the 1950s, are undergoing significant changes according to the international characteristics and development of science and technology. New Space and the space business will be the key factors driving these changes. However, the diversity of disputes caused by New Space space activities and the characteristics of each type of dispute must be considered together. This is because the space business can be maintained and developed by securing the effectiveness of dispute resolution. This paper identifies that the PCA Space Dispute Arbitration Rules have important legislative and policy significance in this respect. Specifically, in this paper, the international space law system, the draft convention of the International Law Association, and the PCA arbitration rules were introduced in an overview of the international dispute settlement system related to space activities. Afterwards, it examines that the systematic structure and some major contents of the PCA Space Dispute Arbitration Rules in detail. Based on this, the paper suggests some points of application of the PCA Arbitration Rules and the legislative policy implications.

• 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.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.31 no.4
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• pp.801-816
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• 2021

This study analyzes the political and legislative progress that although basic acts to establish an integrated system of cybersecurity are steadily being proposed, they have not been passed as legislative deadlocks under the two major parties. It shall be analyzed through Korea's legislative system, including differences in contents and interests of the disposal act, the timing and cycle of election ect. The study analyzes why the basic cybersecurity law was previously scrapped and faced political gridlock situation by analyzing the differences in the contents and interests of the two major parties, and the timing and cycle of the proposed legislation.