• 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.

• 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.

• International Journal of Computer Science & Network Security
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• v.22 no.12
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• pp.79-84
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• 2022

The main purpose of the study is to identify the key aspects of legislative support standards in the countries of the European Union in the field of building a system of local self-government. The European Union during the history of its existence has developed a set of standards on which the systems of local self-government of the European Union member states and applicants for this status are built. The complexity and at the same time the importance of legislative regulation of the functioning of this system is evidenced by the fact that the legislation and principles of international law used by the European Union in the field of local self-government are among the "youngest". This is due to the role played by local self-government in the development of a democratic political system, as well as the search for an optimal balance between centralization and decentralization. Thus, the main task of the study is to analyze the legislative support standards in the countries of the European Union in the field of building a system of local self-government. As a result of the study, current trends and prerequisites for the legislative support standards in the countries of the European Union in the field of building a system of local self-government were investigated.

• Journal of the Korean Society for Library and Information Science
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• v.50 no.3
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• pp.155-169
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• 2016

The purpose of this study is to find a policy and to predict the needs of legislative information service of the 20th National Assembly. For this purpose, It is critical to understand the use behavior of legislative information service according to the attribute for the member of the 19th National Assembly. Thus, this study examined the results of reference service of National Assembly Library of Korea using the politics attribute and the relation attribute as independent variables for the member of the National Assembly in the First Half of the 19th National Assembly. Consequently, there were meaningful differences in the use of legislative information service between users by party affiliation, method of an election and introversion. Also, the increased demand of legislative information service was predicted in that the 20th National Assembly is the status of the opposition majority and the three major parties.

• 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.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.115-137
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• 1999

The UNCITRAL, during its thirty-two session in 1999 discussed certain issues and problems identified in interactional commercial arbitration practice. The issues discussed include certain aspects if conciliation proceedings ; the legislative requirement of a written form for the arbitration agreement ; arbitability ; soverign immunity ; consolidation of more than one case into one arbitral proceedings ; confidentiality of information in arbitral proceedings ; rasing claims in arbitral proceedings for the purpose of set-off ; decisions by "turncated" arbitral tribunals liability of arbitrators ; power by the arbitral tribunal to award interest ; costs of arbitral proceedings ; enforceability of interim measures of protection ; and discretion to enforce an award that has been set aside in the state of origin. Among those issues discussed, most of States agreed that the issues relating to certain aspects of conciliation proceedings ; the legislative requirement of a written form for the arbitration agreement ; enforceability of interim measures of protection ; and discretion to enforce an award that has been set aside in the State of origin should have priority over other issues. The UNCITRAL may wish to consider the desirability of preparing uniform provisions on any of those issues, possibly indicating whether further work should be towards a legislative text (such as a model legislative provision or a treaty) or a non-legislative text (such as a model contractual rule).

• Asian Journal for Public Opinion Research
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• v.1 no.1
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• pp.61-64
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• 2013

In 2008, Taiwan adopted a new mixed member system which is significantly different from the long-implemented SNTV-MMD system for the election of legislators. The new system cuts the number of legislative seats from 225 to 113, extends legislators' terms of office from three years to four, and most importantly, adopts a new mixed-member majoritarian (MMM) electoral system to replace the SNTV system for legislative elections. The election of legislators in 2008 was the first time that this new mixed electoral system was implemented in Taiwan. Mainstream literature continues to discuss the electoral impact on political parties and candidates by the new system while citizens' knowledge of the new system and its concomitant effects on citizens' behavior receive less attention. Worse still, almost all of the literature assumes that voters were fully aware of the operation and impact of the new electoral system and cast their ballots wisely. The purpose of this paper is to explore citizen's perceptions, participation and evaluation of this new system.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• 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.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.295-326
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• 2015

Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.