• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• Journal of Environmental Policy
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• v.10 no.2
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• pp.3-19
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• 2011

Nagoya Protocol designed to establish criteria about material trade of biological genetic resources(ABS) was adopted in the 10th conference of the Parties to the Convention on Biological Diversity. In the course of the negotiation for adoption of the protocol, there was conflict between developed and developing countries, resource-rich and poor countries, and multinational corporations and environmentalists. This study investigates conflict process, subjects, issues and major factors in the negotiation case, and analyzes the negotiation by using the Conflict Management Process. To develope conflict management strategies for various conflict cases, we examine previous studies and analyze the intersectional conflict factors of this case and general cases, such as Fundamental side, Resource-allocation side, and Communication/Information-sharing side. These analyses of conflict prevention/resolution of the ABS negotiation show the importance of building mutual trust among stakeholders, enhancing mediator training, and constructing appropriate legislative/policy systems for successful conflict management.

• Journal of Service Research and Studies
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• v.7 no.1
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• pp.1-14
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• 2017

Despite that Korea has tried 50 years of service development policies, the result has been unsatisfactory. Borrowing the policy stream model of policy change and narrative policy framework one tried to explain the weaknesses of the policy process for the service development policies. Before 2000 lacking knowledge resulted in poor policy narratives while after 2000 despite sufficient knowledge base and well articulated narratives policy window would not open. Adversarial politics under conservative party caused the window to be closed. One suggests that paradigm shift in value and world view treats is necessary to overcome the policy failures in service development policy. According these analyses one expects a new initiative of policy narrative construction.

• The Journal of Society for e-Business Studies
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• v.16 no.3
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• pp.211-224
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• 2011

Since appearance of smart devices and cloud computing services, the social and economical values of administrative information have been magnified as valuable information. In order to make better use of various administrative information by diverse government organizations efficiently and effectively, information sharing based on legal systems is essential because of several obstacles including privacy. To suggest practical ways for using administrative information, this study categorized the administrative information sharing process, and analyzed the regulations and legal systems that are contradictory to the regulations. The result of analysis appears that there is a need of legislative base for well-defined business use of information, and a need of the organizations, that available to collect and manufacture the information. The results of this study can be expected to make legislation contributions not only for industries, but also by suggesting the policy making and guidelines to protect privacy and improve the quality of citizens' life.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.742-752
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• 2011

Multi-Level Marketing distribution process to reduce occurs in a number of the distribution costs to consumers of reducing its profits outside the area subject to the non-store or stores is the way to a special sale. Japan for the multi-level marketing Article 33 of the Act on Specified Commercial Transactions at or below the regulatory chain is defined as dealers. However, unlike other legislative attention two -dimensional chain for sales transactions are regulated. A chain of Japanese regulations on sales transactions, the definition is very specific and detailed regulations, and the chain is specifically for sales transactions in detail how to take regulatory and regulatory relief of pre- and post- regulatory focus, and the streamlining of regulatory aimed at restrictions on how the implications of such a large country.

• 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 Arbitration Studies
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• v.9 no.1
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• pp.183-232
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• 1999

The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

• Korean Journal of Health Education and Promotion
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• v.16 no.2
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• pp.187-203
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• 1999

This paper will discuss about how we can foster educational support mechanisms to facilitate health promotion programs at the local level. Health promotion in Korea is in the early developmental stage; it has only been since the Health Promotion Act was legislated in 1995, the health promotion programs have been planned and implemented. In the context of the recent decentralization process, local health departments have a major responsibility for developing and implementing health promotion programs at the local level. The short history of health promotion in Korea has meant that local public health departments have limited experience and organizational capacity for health promotion planning ＆ practice. The results of one survey for investigating the progress of health promotion at the local level are instructive. The survey demonstrated that the public health workers recognized that the lack of personnels, insufficient budget, the lack of policy ＆ the organizational support, the lack of skill ＆ knowledge to be effective health promotors, the lack of guidance for health promotion practice were major barriers to implementing health promotion programs at the local level. The object of this paper is to suggest some ways of overcoming barriers to implementing health promotion programs at the local level This paper emphasizes on the importance of educational supports as well as environmental supports - legislative, policy, organizational, economical - in building the organizational capacity and infrastructure of local health department for health promotion. It suggests some ways of providing educational supports to the public health workers at the local level. and supports the positions that educational opportunities for training in health promotion can be better provided to the public health workers at the provincial level rather than at the national level. It argues that the educational ＆ training programs should be developed and based on the educational need assessment; that the application of the main educational principles ＆ theoretical models for health promotion be used to develop educational programs for the public health workers; and that professional health organizations should make plans to provide more educational programs at their annual conferences or at other convenient times. These kinds of educational supports facilitate the ability of public health workers to improve their capacity for health promotion practice at the local level and help to alleviate some of the pressure on state resources.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.119-164
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• 2007

Improving the formal objection system regarding reviewing medical expenses requires authority and confidence in the aspect of well-functioning the health insurance review and assessment system, legally and appropriately. The purposes of improvement of the formal objection system should aim for protecting the people's right of health. On handling the formal objections, the disputes of the rights should be settled economically and promptly by fairness, specialty, and objectivity in the health insurance review and assessment administration. Therefore, in order to promote the administrative specialty of health insurance, the formal objection committee needs to be organized independently and guaranteed expertly. Under the current formal objection system, however, the organization of committee lacks right-relief function, recognition and public relation as a health insurance appeal system, and related professional man powers. It is also analyzed that there are several controversial points, such as mass deliberation to the formal objection committee and its conference procedure. As a measure of improvement, it is analyzed that the committee needs to be organized independently with a proper number of professional man powers. The strict deliberation procedures and the prohibition of the decision-making by non-conference are also required to be empowered. The formal objection procedure provides the beneficiaries and the claims legitimately, so that it secures the legal relations on the health insurance system. Therefore, on the conference process of formal objection, the expert and guaranteed protection should be provided promptly, and its procedures to the appellants should also be assisted kindly.

• Journal of Information Science Theory and Practice
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• v.1 no.3
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• pp.60-73
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• 2013

The Database Industry Promotion Act was proposed at the National Assembly plenary session on July 26, 2012 and since then it has been in the process of enactment in consultation with all the governmental departments concerned. The recent trend of economic globalization and smart device innovation suggests a new opportunity and challenges for all industries. The database industry is also facing a new phase in an era of smart innovation. Korea is in a moment of opportunity to take an innovative approach to promoting the database industry. Korea should set up a national policy to promote the database industry for citizens, government, and research institutions, as well as enterprises. Above all, the Database Industry Promotion Act could play a great role in promoting the social infrastructure to enhance the capacity of small and medium-sized enterprises. This article discusses the background of the development of the Database Industry Promotion Act and its legislative processes in order to clarify its legal characteristics, including the meaning of the act. In addition, this article explains individual items related to the overall structure of the Database Industry Promotion Act. Finally, this article reviews the economic effects of the database industry for now and the future.