• Korean Journal of Legislative Studies
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• v.26 no.2
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• pp.5-33
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• 2020

Ahead of the 21st Korean National Assembly Election, the congressional election law was revised, and the semi-mixed member proportional system was introduced. The purpose of the revision of the election law was to increase the proportionality and representativeness of the election system through the institutional reform in the direction of promoting a multi-party system. This study shows that the effect of the introduction of the semi-mixed proportional system was compared with the election results when the previous proportional representative system was maintained. There was no significant difference from the results. This study reveals that contrary to the intention of institutional design to revitalize the multi-party system, the two large political parties took the most seats after democratization in 1987, resulting in an unintended consequences. In addition, with regard to the recent argument for party realignment, the Busan, Ulsan, and Gyeongnam regions have been dealigned in the Yeongnam regional cleavage, and are undergoing a process of party realignment. It has not yet entered the stage of realignment, but remains in the stage of fluid dealignment.

• Korean Journal of Comparative Education
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• v.27 no.4
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• pp.97-126
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• 2017

The purpose of this study is to compare and analyze legislation of homeschooling in the United State and South Korea and to seek a measure to legislate homeschooling in South Korea. To fulfill its goal, related literature and materials were reviewed to derive a criterion of analysis, and also state laws on homeschooling in the United States and homeschooling legislative bill in South Korea were compared and analyzed. The major findings of analyses are as follows. First, regards to declaration of intention in the procedure for homeschooling permission, legislative bill and law of both countries include related regulations. Second, regards to requirement for homeschooling, homeschooling legislative bill in South Korea nearly does not include related regulations while state laws on homeschooling in the United States mostly do include them. Third, regards to public school access policy, both parties do not include related regulations. Fourth, regards to education support service, homeschooling legislative bill in South Korea includes all of related regulations while state laws on homeschooling in the United States nearly do not include them. Fifth, homeschooling legislative bill in South Korea can be affiliated to low on degree of regulation in comparison to the degree of regulation of state laws on homeschooling in the United States. Based on these analysis results, conclusion and discussion have been proposed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.129-151
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• 2003

Nowadays even if environment of international commercial transaction is changing quickly municipal law could not meet with such change accordingly. So far, however, efforts towards unification have prevailingly taken the form of binding instruments, such as non-national or supranational legislation, international conventions or international model laws. Among them, the UNIDROIT Principles with parties' autonomous and yet non-binding character do not only meet the substantive requirements of a true law merchant. In addition they also counter some of the main points of criticism against the modern lex mercatoria. As such the Principles constitute a cornerstone in the lex mercatoria debate and may become the heart of the new lex mercatoria. The purpose of this article is to ask whether there could be applied the Principles in international commerce. For the purpose it is to investigate when the Principles are applied in international commerce and how effectively the Principles are applied for the decision in international commercial disputes. Even though the Principles are used for reference by parties involved for the voluntary regulation of their contract, it is sufficiently expected that the Principles are to be a stepstone of uniform contract law in international commerce. Until now cases of appling the Principles are not satisfied with its expectation as a source of non-legislative means of unification or harmonization of law. Given the party's autonomy in the contract, this is among other things because business parties are strongly tend to observe their national laws in their international commerce. And also, even though there are a number of neutral and uniform regulations for international commercial contracts, parties do not often recognize their usefulness with being up to expectation. In order to explore the applicability of the Principles a number of cases of ICC International Court of Arbitration and others are quoted.

• Journal of Korean Library and Information Science Society
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• v.48 no.2
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• pp.23-51
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• 2017

This study aims to analyze and compare the components of school library laws of Korea and Japan. The laws of two nations were legislated by the members of the National Assembly, and NGO contributed significantly to the legislative process. The common parts of the two laws are objectives, definitions, responsibilities of nations, establishments, tasks, human resources, collaborative networks, and education, etc. For the task of school libraries, Korean law emphasizes the function of education, while the Japan law focuses on the basic duties of school libraries. In terms of human resources, school libraries in Korea can have a teacher librarian, a practice teacher, or a librarian, but in Japan, they can have either a teacher librarian or a school librarian. The Korea law specifies the aspects of facilities and materials, but the Japan law does not. Finally, for the educational role, the Korean libraries have reading and information literacy training that are parts of school curriculum, while the Japan libraries have only a library use guidance program and does not include reading education.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.24 no.2
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• pp.129-150
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• 2013

The libraries of local councils contribute to realize democracy and promote national interests and the welfare of the people, by supporting democratic legislation activities and congressional politics of the local councilors. This study analyzes the libraries of local councils at 17 regional local governments, and it confirms that there are various deviations in their library services such as material acquisitions and legislative information services by regional groups. On the basis of that analysis, the study summarizes the ways for improving the service qualities of the libraries of local councils as follows. First, it is necessary to organize the institute for national council materials. Second, the cooperative network systems should be constructed to share council publications. Third, the provisions related the copyright law and the national assembly library act have to be modified. Fourth, the libraries of local councils share their own materials focusing on digital publications. Fifth, the National Assembly Library expands their legislative information services to the libraries of local councils.

• Journal of Forest and Environmental Science
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• v.25 no.3
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• pp.139-146
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• 2009

Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

• Informatization Policy
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• v.30 no.2
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• pp.3-21
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• 2023

The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.3-25
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• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• The Journal of Fisheries Business Administration
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• v.46 no.3
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• pp.163-176
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• 2015

Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

• 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.