• Title/Summary/Keyword: legislative process

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Structural Features of Korean Legislative Communication: Focus on the U.S. Beef Imports Bill Evaluations from Legislative Expert Groups (국내 입법 커뮤니케이션의 구조적 특징: 쇠고기 수입 법안에 대한 입법 전문가 집단의 인식과 평가를 중심으로)

  • Lee, Wan-Soo;Kim, Chan-Souk;Lee, Min-Kyu
    • 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.

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Estimation of the survival function of the legislative process in Korea: based on the experiences of the 17th, 18th, and 19th National Assembly of Korea (국회 법안 검토 기간의 생존함수 추정: 제 17, 18, 19대 국회의 사례를 바탕으로)

  • Yun, Yeonggyu;Cho, Yunsoo;Jung, Hye-Young
    • The Korean Journal of Applied Statistics
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    • v.32 no.4
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    • pp.503-515
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    • 2019
  • In this study we estimate the survival function of duration of the legislative processes in the 17th, 18th, and 19th National Assembly of Korea, and further analyze effects of the political situation variables on the legislative process. We define the termination of legislative process from a novel perspective to alleviate issues of dependency between censoring and failure in the data. We also show that the proportional hazards assumption does not hold for the data, and analyze data employing a log-normal accelerated failure time model. The policy areas of law agendas are shown to affect the speed of legislative process in different ways and legislative process tends to be prompt in times of divided governments.

Legislative Networks of Multicultural, Family, Gender Policy (다문화, 가족, 젠더 정책의 입법네트워크)

  • Jang, Im Sook
    • Korean Journal of Legislative Studies
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    • v.23 no.2
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    • pp.179-217
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    • 2017
  • The purpose of this study is to analyze the integration and separation phenomenon of the legislative network by analyzing the Legislative cosponsorship networks in the process of multicultural, family, and gender legislation. First, I analyzed the Legislative cosponsorship networks centered on the proposed bills in the Women and Family Committee. Second, Analyze the network of joint initiatives for multicultural, family, gender related legislation and representative laws in each field. In this process, we analyze who participates in the Legislative cosponsorship networks and who is the leader of the political coalition. Finally, Understand the shared characteristics and differentiated characteristics of policy networks according to policy issues.

Comparison Study of Int'l Cultural Contents Screening and Distinctive Procedures (문화콘텐츠 심의제도의 성격과 국가간 비교 연구 - 게임물 심의제도를 중심으로 -)

  • Kim, Min-Gyu
    • 한국디지털정책학회:학술대회논문집
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    • 2004.05a
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    • pp.195-204
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    • 2004
  • Due to growth of diversified media, content screening is the definite procedures. The procedures of screening varies from country by country in various reasons. Therefore, reason of conducting such study is to compare & contrast screening process by countries. In order to clarify definition of terms that measures screening, "censorship" means "legislative filtering process prior to public appearance". In contrary "Rating and/or Classification" is defined opposite of it. After defining these terms, Screening is dignified into two distinctive measures, which are "legislative intereference" and "voluntary notification". Those two measures are again sub-categorized into eight distinctive operational definition. Utilizing those distinctive measures, our study has concluded as US, Japan and some laissez-faire countries use "voluntary notification" systems but in contrast China and Brunei use "legislative filtering" system.? Korea and Australia uses unique combination of both system. In order for Korea to adopt "voluntary notification system", legislative intereference must be weaken and develop strong "voluntary notification" system.

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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 on Improving Legislative Information Service in the National Assembly Library of the Republic of Korea (국회도서관 입법정보서비스 개선방안에 관한 연구)

  • Chung, EunHee;Cha, Mikyeong
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.31 no.1
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    • pp.311-335
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    • 2020
  • This study was conducted to suggest the ways of improving legislative information services in the National Assembly Library based on the information needs of the legislative support organization arising from the legislation process done by the National Assembly Members. For the purpose, 20 users of legislative support organizations were interviewed in depth. Based on the analysis of the results, the study suggested the improvement proposals in the areas of services and system. Service improvement reflected the information needs of overseas legislative cases, the need for supplementing policy information, and the areas that need to be promoted Second, in the area of system improvement, it was proposed to raise the service awareness of the legal information system centered on foreign legal information and to operate personalized service that can provide differentiated information services for each legislative support organization.

An Inducement problem on the principle liability without fault in a legislative bill of injury and relief in a medical accident (의료사고피해구제법안상 무과실책임주의 도입 문제)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.271-310
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    • 2006
  • In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

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Examination on the Types, Characteristics, and Electoral Responsiveness of Legislator-sponsored Bills: Evidence from the 17~19th National Assembly of South Korea (의원입법의 유형, 특성 및 선거반응성 검토: 대한민국 제17~19대 국회 법률안 분석)

  • Jung, Hoyong
    • Korean Journal of Legislative Studies
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    • v.26 no.3
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    • pp.85-123
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    • 2020
  • Under representative democracy, members of the National Assembly exercise their authority to propose, enact, and revise bills on behalf of the people, and the legislation of such lawmakers has a great impact on individuals and society. There exist criticisms that the quality of legislator-sponsored bills has not improved while the number of them has been expanding recently. This study examines the type, productivity, and efficiency of legislation in the 17~19th National Assembly, and empirical analysis is conducted on how the lawmaker's legislations respond to election-related variables such as voter turnout and election competition. The results show that legislator-sponsored bills are mainly produced in the area of governance, finance, macroeconomic policy, social welfare, and health. The number of legislator's proposals increases, while the passing rate decreases, and the processing period extends. Constituents' participation in voting has been shown to enhance legislative efficiency. Based on the results, the paper emphasizes the enhancement of transparency in the legislative process, the improvement of the people's political knowledge, and the revitalization of election functions for the improvement of parliamentary legislation.

A Study on the Medical Dispute Arbitration Law in Terms of Civil Law (의료분쟁조정법안(약칭)의 민사법적 고찰)

  • Jeon, Byong-Nam
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.11-52
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    • 2010
  • Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of 'Act on Malpractice-related Damage Relief' or 'Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

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A Study on the Role of Policy Broker in the Broadcasting and Telecommunications Convergence Environment (방송통신융합 환경에서 정책중개자의 역할 연구: MediaRep 사례를 중심으로)

  • Sung, Wookjoon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.6
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    • pp.621-634
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    • 2017
  • This study is a study on the requirements, resources, and role of policy broker in the policy process. Particular attention was paid to two requirements of legitimacy (official authority, political support) and professionalism (information and expertise, skilled leadership) as the requirements of policy broker. This study analyzed the process of transforming the actor conflicts surrounding the media rep legislative process into a cooperative relationship by being mediated by a strong influential policy broker. Policy brokers can mediate opinions among participating actors and play a role in coordinating conflicting interests. In the mediarep policy process, the policy brokers were unable to resolve conflicts due to lack of legitimacy and expertise in the first phase (legislative grace period) and the second phase (legislative loophole). However, the legitimacy of the six subcommittees of the National Assembly (the legislative period) and the expertise of the Korea Communications Commission were able to succeed in policy-making by acting as a successful policy brokers through complementary activities.