• Title/Summary/Keyword: legislative process

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The Characteristics and Limitations of 'Automatic Submission of Budget Bills to Plenary Session', Article 85-3 of the National Assembly Act (국회법 예산안 자동부의제의 성격과 한계)

  • Jung, Jinwung
    • Korean Journal of Legislative Studies
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    • v.24 no.1
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    • pp.103-133
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    • 2018
  • This paper examines whether the budget making process has improved since the Automatic Submission of Budget Bills to Plenary Session Act was enacted. The budget bill was passed before the Dec. 2 deadline from 2014 to 2016. Several researchers, therefore, concluded that the clause is in favor of the ruling party and the majority party. However, this study confirmed that the argument is valid only under the condition of unified government. In other cases, the government party can have a limited impact on the budget-review process, and the aspects of the budget screening process are similar to those before the Act was enforced. Under the conditions of the divided government and two-party system, it is difficult that the budget bill is passed by the legal deadline. In the case of the divided government and multi-party system without majority party, the third party exerts a very significant influence on the budget-review process.

The Political Environment and the President's Influence for Policy toward North Korea: Focusing on the process of 'Special Zone of Peace and Cooperation in the West Sea' policy making (대북정책 결정의 정치적 환경과 대통령의 영향력 : '서해평화협력특별지대' 정책결정 과정을 중심으로)

  • Kim, Yoon Young;Choi, Sun
    • Korean Journal of Legislative Studies
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    • v.24 no.1
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    • pp.31-66
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    • 2018
  • The purpose of this study is to analyze the institutional factors and the political environment in which the influence of the president is limited in South Korea's decision making process of the policy toward North Korea. Although the president has the highest decision-making power over policy toward North Korea as a head of state, the president's influence is not always absolute. Many reasons, such as bureaucratic government through the separation of power, the political environment such as divided government or the remaining term of the president,and the specificity of policy act as factors limiting the president's influence on policy toward North Korea. This study analyzed the dynamics of the decision making process of the 'Special Zone for Peace and Cooperation in the West Sea' which was planned by the agreement between the two Koreas in 2007, and examined the influence of the president, limited by the institutional environment and political conditions in the process.

A Study on the Budget Policy Determinant Factors and the Budget Power of the Local Council: Focus on Metropolitan Council (지방의회의 재정지출 결정요인과 예산권한에 관한 연구: 광역지방의회를 중심으로)

  • Shin, Hyeri;Park, Jhungsoo
    • Korean Journal of Legislative Studies
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    • v.27 no.2
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    • pp.111-143
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    • 2021
  • It is necessary to analyze the budget power during the budget process of the local council, paying attention to strengthening the capacity of local council and reinforcing expertise to secure accountability. The budget power of council is expressed in various terms such as power of the purse and the authority to control the budget, and focuses on the role of control and check in the council's budget process. The purpose of this study is to analyze the factors that political·administrative variables, social·economical variables affect the budget power of local council. The budget power of councils was set as the budget net modification rate and the period for processing the budget bill at the plenary session. And the effects of various variables were checked. As a result, the local council confirmed that there was a lack of checks and controls in the budget process.

The Legislative Directions about Surrogacy Contract on Civil law (민법상 대리모계약에 관한 입법방향)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.4
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    • pp.161-169
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    • 2013
  • Currently, there is no bill about Maternal Inference and the Family Law about surrogate birth in Korea. Also, Problems of surrogate mother were reported by media socially, but these discussions did not discuss continuously. Early in the course that establishing process of Bioethics and Safety Act, there was a discussion. But it cannot acceptance as Act, it issued legally and ethically. Despite the difficult of legal interpretation and ethical problem, the surrogate birth practiced covertly and frequently. And about this, our law just declared its invalidity because it is contrary to public order and good moral until recently. Therefore, if it leaves as invalidation, the problem about right of surrogate mother and the baby from her it may occur a serious social problem. From now, about the issue of surrogacy contracts the legal and medical countermeasures to be taken. Therefore, to solve many problems about surrogacy contract, consider the problem of surrogacy contract, also suggest legislative study about Korean surrogate mother based on legislative cases of foreign countries.

A study of the police legislative system for the disadvantaged (사회적 약자보호를 위한 국가인권보호 활동의 발전방향 -경찰의 치안대책을 중심으로-)

  • Hwang, Hyun-Rak
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.71-86
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    • 2012
  • In the twenty-first century, it tends to deepen rich-poor gap and differences related to geographic location because of characteristic of polarization and diversification. Various social conflict that appear in the twenty-first century preclude independent effort and active of police from responding various public order problem of community The most important thing is widespread participation and cooperation of inhabitant and community in order to cope with various social change like localization, decentralization and democratization. Above all things, as human rights guardian in order to gain nation's trust, the police should induce dynamic change to desirable police which is wanted by nation in the organization. To achieve this, the police must overcome many negative customs and obstacles remaining organization despite endeavor of the police. In this manuscript, for this discussion, we search simply historical process of development, seek conception of the disadvantaged in regard to police duty, analyse the reality of human rights violation of the disadvantaged in execution of police duty through statistics and case study, find the problem and seek proper solution through improvement of the police legislative system.

The Task and View of the National Archive System in the Fourth Industrial Revolution Era: Focused on the Cloud Record Management System (4차 산업혁명 시대의 기록관리 현실과 전망: 클라우드 기록관리시스템 운영을 중심으로)

  • Nam, Kyeong-ho
    • Proceedings of Korean Society of Archives and Records Management
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    • 2019.05a
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    • pp.55-60
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    • 2019
  • The cloud records management system has the following problems. It has not been accompanied by a change in the legislative system and has not been exploited the benefits of cloud technology. In addition, it has not been considered for changes after system construction. To solve this problem, the contents of the Fourth Industrial Revolution should be reflected in the improvement of the legislative system and the long-term development strategy of the national archives system. A fundamental review of the records management system is also required, and in the process of e-government, the National Archives should act as a pan-government records management control tower.

A Study of Internet Content Regulation in South Korea (국내 통신심의 제도 개선에 관한 연구)

  • SUNG OCK YOON
    • 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.

Theoretical Perspectives on the Causes and Effects of Political Trust (정치적 신뢰 변화의 원인과 결과: 이론적 쟁점)

  • Choi, Jun-Young
    • Korean Journal of Legislative Studies
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    • v.15 no.1
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    • pp.65-92
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    • 2009
  • Political trust is defined as the degree to which people perceive that government is producing outcomes consistent with their expectations. Political trust as a concept has endogenous as well as exogenous characteristics in that it can cause and be caused by other political factors. The purpose of this study is to introduce and evaluate various theoretical perspectives related to the causes and effects of political trust. With respect to its causes, this study focuses on the following five factors: government policies, unethical behaviors of politicians, citizens' penchant for participatory democracy, the public's misperceptions on government, and political culture. On the other hand, this study discusses the impacts of political trust on each stage of political process by paying attention to the following factors: government's governability, election outcomes, political recruitment, and the directions of government policies.

A Study on the Forcible Execution for Arrest of Ship Relating to Maritime Lien (船舶優先特權과 船泊執行의 實務에 관한 考察)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.16 no.2
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    • pp.29-39
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    • 1992
  • According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

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The Legislative Process of Special Act on Seoul Metropolitan Air Quality Improvement and Problems to be Solved (수도권대기환경개선에 관한 특별법의 입법과정과 향후과제)

  • 하종범
    • Journal of the korean Society of Automotive Engineers
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    • v.26 no.2
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    • pp.58-65
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    • 2004
  • 우리 수도권은 선진국 주요도시에 비해 미세 먼지는 1.7∼3.5배, 이산화질소는 1.7배 수준에 육박할 정도로 대기오염도가 심각한 수준이나 현행 대기환경보전법은 지자체별 사후농도규제 중심체계로 이루어져 있어 대기 질을 선진국수준으로 개선시킬 수 있는 획기적이고 종합적인 정책수단을 사용할 수 있는 여건이 마련되어 있지 않은 상태이다.(중략)

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