• Title/Summary/Keyword: legislative purpose

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Research on the Legal Composition and Institutional Systems of The Dao Constitution: Focusing on The Constitution of the Republic of Korea (『도헌』의 법률적 구성과 제도적 장치 연구 - 대한민국헌법을 중심으로 -)

  • Kim, Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.40
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    • pp.77-114
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    • 2022
  • The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

The Structure and Characteristics of the Care Manager Systems in the Long-term Care Insurance of Japan (일본의 개호보험체제상의 개호지원전문원제도의 구조와 특징)

  • Chung, Jae-Wook
    • Korean Journal of Social Welfare
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    • v.58 no.1
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    • pp.31-58
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    • 2006
  • The purpose of this article is to analyze the structure and characteristics of the care manager systems of the long term care insurance in Japan's social welfare institution. In order to realize such purposes, this paper develops the discussion process as follows. Firstly, this paper examines the developmental processes and contents of the long term care insurance system and the care plan services which are the services to aid the utilization of long term care services. Secondly, this paper describes the care manager which conducts the role of care plan services intentively. Thirdly, this paper makes the research framework which is formulated as the legislative views about the care manager on the long term care insurance act, task systems, recruitment and retraining systems, and research data of care manager. Summarizing the contents of care manager's circumstances and characteristics about the long term care insurance, the results are explained as follows. that is to define care manager's status as the components of care plan center, to control indirectly the activities of care manager's care plan by operating care service center and care plan center in equal corporate, to set role and task ambiguously, to recognize care manager's role as the attributed role of care service center, to give licence and qualification in local government. Therefore, it's difficult to realize care plan depending on speciality and neutrality for the service user. The essential parts for the reform of care manager systems may be to separate care service center and care plan center and to redefine the task and role of care manager, the role and task of which should be put on care plan services.

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A epidemiological study on the oral health in preschool children for the development of community based oral health program in Sungnam city (성남시 보건소 유아구강보건사업 개발을 위한 구강건강실태에 관한 조사연구)

  • Ahn, Yong-Soon;Kim, Mi-Jeong
    • Journal of Korean society of Dental Hygiene
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    • v.1 no.2
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    • pp.201-211
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    • 2001
  • Dental caries causes the majority of tooth loss among Koreans. Korea is experiencing an increase in dental caries. And it shows a high prevalence of caries in preschool children, which contrasted with the much-improved situation in developed countries. So, it is important to control caries from preschool periods in Korea. Recently, inspections of the teeth of preschool children for evidence of dental disease became a legislative duty in Korea following Oral Health Act(2000). But, standardized oral health programs in preschool children is not yet proposed. Therefore, it is necessary to develop an community based oral health program in preschool children. The purpose of this study was to obtain basic data for the development of community based oral health program in preschool children of Sungnam city. Oral health status in primary dentition were surveyed in 862 2-6 year-old preschool children of Sungnam city by WHO criteria. From the data, df rate, percentage of preschool child ren with active caries, dft index, dt rate, percentage of preschool children with pit and fissure sealant of each age were calculated, and discussed. The obtained results were as follows : 1. The experience of dental caries in primary dentition showed a tendency to increase quickly between 2 and 3 year old children. So, the oral health program in preschool children should be developed to prevent dental caries and control their oral health under three years of age. 2. In 5 year-old children, the percentage with active caries was 60.8% and dft index was 5.06. The dt rate showed a tendency to decrease as proportion to age, but even though 6 year-old children, the dt rate was 47.7%. Therefore, the annual screening dental examination and oral health education programs at the institution for preschool children should be developed to detect and treat dental caries in primary dentition at early stage. 3. The percentage of preschool children with pit and fissure sealant at six years of age was 10.2%. So, pit and fissure sealant and professional fluoride application programs in Public Health Center should be developed to prevent dental caries. 4. Also, it is necessary to establish oral health goals in preschool children and develop water fluoridation program 10 improve and preserve oral health of preschool children in Seongnam city, effectively.

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The Current Status of Domestic Marine Salvage Industry and Measures for its Promotion (국내 해양 구난산업의 현황과 육성방안에 관한 연구)

  • An, Kwang;Jeong, Jung-Sik;Kim, In-Chul;Kim, Deuk-Bong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.2
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    • pp.149-155
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    • 2020
  • Since marine accidents cause large-scale damage to human lives and the marine environment, prompt response measures are crucial including salvage operations for ships and cargoes along with lifesaving operations. In Korea, marine salvage operations are mainly dependent on global salvage companies in case of large-scale marine accidents due to lack of national capacity for marine salvage. The purpose of this study was to suggest public measures for the promotion of the private salvage industry by identifying the current situation and problems in the domestic marine salvage industry. As a result of the study, the measures of setting up a dedicated agency to support the domestic salvage industry and the function of the dedicated agency were identified and presented. In addition, the main points of the bill of "Law on the Promotion of the Domestic Salvage Industry" were presented to support and promote the salvage industry. To prepare the draft bill of law, relevant domestic laws and international conventions were examined to define the terms and regulations. Based on the legislation enacted as a result of this study, relevant ministries should focus on the legislative process. Legislation can be pursued by competent ministries in cooperation with the private sector and academia. It is expected that this study will help in the development of the domestic marine salvage industry and enhance the national response capacity for marine accidents in Korea.

Military Use of Satellite and Control of Civil Use (인공위성에 대한 군사적 활용 및 통제방안)

  • Kang, Han-Cheol
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.159-234
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    • 2005
  • As so clearly have been demonstrated in the Gulf War and Iraq Freedom Fight, along with the civilian space exploration and development, the 'militarization' of aerospace technology and the 'battlefield-worthiness' of space are becoming more and more at issue. Korean peninsula, the last major theatre where the 4 world powers' national interests stand face to face, no doubt is in dire need for understanding and organizing necessary legislations for establishing national security from any space threats, such as satellite imaging, as well as countering against such threats. Compare to United States, Japan and China that have already declared the national security as the purpose of the space development, and equipped themselves with necessary legislations, Korea's legislations fall short of fully appreciating and effectively responding to the significance of military use of outer space and its control. This article will review legislations of leading countries' of space law and space technologies from two different perspectives. After briefly summarizing the problems of Korea's current legislations, particularly with the National Space Development Act (proposal), drafted by Ministry of Science and Technology, in mind, this article reviews and offers certain legislative directions to which Korea should pursuel for national security of outer space.

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A Study on Public Library Finance (공공도서관의 재원확보에 관한 연구)

  • Suh Hye-ran
    • Journal of the Korean Society for Library and Information Science
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    • v.23
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    • pp.263-301
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    • 1992
  • In recent years, Korean public libraries, placed under changing circumstances, require that some new and positive financial policies be formulated for the improvement of their services. T he purpose of this study is to propose a scheme to ensure the revenues of Korean public libraries. The main contents of this study are as follows : (1) Public finance theory is applied to the question of why the public library is publicly supported. The public library does not contribute to stabilization, but it does playa role in each of the other public sector functions : allocation of resources and redistribution of income. In public finance terms there is justification for at least partial subsidy of public library services, which have the attributes of public goods, merit goods and externalities. (2) Public libraries in Korea find themselves suffering from limited budgets. They are neglected in national and local budgets. The lack of adequate funding for library collections prevents libraries from rendering efficient services. (3) In order to put the finances of the Korean public library system on a firm basis, the following proposals are made: 1) It is proposed that the parallel administration under which public libraries are organized be unified to be directly under the local governments. 2) It is proposed that the legislative and administrative system for public library finance be strengthened. (1) Library expenses should be itemized independently in the calculation of general grants-in-aid to local governments. (2) A fixed portion of the total municipal revenue should be appropriated for public library services. It can be executed by making provisions expressly in the annual guidelines for budgeting, municipal ordinances, or in the Library Promotion Law. The rate of allocation should be specified as a part of the national public library development plan. (3) Library tax as a local tax can be imposed. An indirect tax is preferable in order to avoid public misunderstanding and antagonism. 3) The augmentation of the specific grants-in-aid for the public library is proposed. The Library Promotion Law and the Law on Budget and Administration of Grants should be amended to oblige the central government to give financial assistance to local public libraries. 4) It is proposed that strategies to encourage private endowments be worked out. Revision of the Law on Tax Reduction and Exemption and the activation of an advisory library committee at each public library are recommended. 5) Funding and utilization of the envisioned Library Promotion Foundation is proposed. Government contributions, contributions from the Culture and Arts Foundation, and donations from individuals, corporations, and enterprises can be considered as the financial resources of the Foundation. 6) It is proposed that the structure of the Korean Library Association be consolidated to exercise greater influence over the formation of national policy on the public library system. 7) It is proposed as an ultimate guarantee of the health of the public libraries that the citizenry be educated to strongly support library services in responce to the active services provided by the public libraries.

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Analysis of Precedents Related with Child Abuse to Protect Rights of Children (아동권리보호를 위한 아동학대 관련 판례분석)

  • Park, Yeonju
    • Korean Journal of Social Welfare
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    • v.66 no.2
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    • pp.31-49
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    • 2014
  • The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

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The Relationship between Thinking Styles and Learning Styles of Gifted Children in Elementary School (초등학교 영재아동의 사고양식과 학습양식 간의 관계탐색)

  • Han, Ki-Soon;Kim, Hee-Jeong
    • Journal of Gifted/Talented Education
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    • v.20 no.1
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    • pp.289-316
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    • 2010
  • The purpose of this study was to investigate the relationship between thinking style and learning style of gifted children in elementary school. The subjects were 178 fourth, fifth and sixth grade elementary school students who enrolled in gifted education program. They were given the Thinking Style Questionnaire and the Grasha Reichmann Student Learning Style Questionnaire. Descriptive statistics, correlation analysis and canonical correlation analysis were performed. Results indicated that gifted students prefer legislative, judical, liberal, local, hierarchic, external thinking styles known to be related to creative and critical thinking rather than executive and conventional styles. Meanwhile, in the aspect of learning style, independent learning style than the dependent learning style, competitive style than the collaborative style, and participatory style than the avoiding style were significantly scored higher. The canonical analysis showed that thinking styles and learning styles share 59%(Rc=.77) each other, indicating the two variables had significant close relationship. External, liberal, hierarchic, judical, executive, and liberal thinking styles in the order named showed higher cross loading in the independent variable set, likewise independent, participatory, collaborative, and competitive learning styles in the dependant variable set. The results indicate that the external, liberal, hierarchic, judical, executive, and liberal thinking styles can be the significant predictors of independent, participatory, collaborative, and competitive learning styles. The implications of the study related to the gifted education were discussed in depth.

Study on Problems and Its Improvements of Legislation for Shop Key Money (상가권리금 법제화의 문제점과 개선방안 연구)

  • No, Han-Jang
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.410-421
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    • 2015
  • The purpose of this study is to review the contents of the legislation(2015.5.12.) for shop key money concretely and to find an effective way in making an improvement of practical protection in the process of tenant's shop key money collection. From this point of view, this study tries to make some legislative suggestions as follows. First of all, the code of conflicting definition between 'shop key money' and 'shop key money contract' in the amended Commercial Building Lease Protection Act need to be harmonized with each other because they are likely to face potential problems in the protection of tenant's shop key money collction as well as risks for confusion. In the second place, it requires to strengthen the protection of tenant's shop key money collection by approval of direct opposing power of shop key money itself on condition that it satisfies a certain prerequisites. In addition, the ambiguous codes related to the landlord's disturbance should be distinctly arranged and the distribution principle of demonstration about landlord's disturbance on tenant's shop key money collection also should be made clear. Finally, the standard level of shop key money by region, business district, and category of business should be set and announced by Ministry of Land and Transport.

Characteristics of Lifelong Learning Policy and Developmental Tasks of South Korea (한국 평생교육 정책의 유형화와 발전과제)

  • Choi, Don Min;Kim, Hyunsoo
    • Korean Journal of Comparative Education
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    • v.28 no.5
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    • pp.47-69
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    • 2018
  • The purpose of this study is to classify the lifelong learning policy implementation process of lifelong learning in Korea according to the policy making decision models and to suggest developmental tasks. Korea's lifelong learning policy came to a full-fledged start with the enactment of the Lifelong Education Act in 2000. The Lifelong Education Act proposed the establishment of an open educational system as a strategy to realize the lifelong learning society. According to the Lifelong Education Act, the Korean government has developed several lifelong education policies such as providing learning opportunity for the underprivileged, facilitating lifelong learning city project, building lifelong learning culture, recognizing of experiential learning result, funding lifelong learning hub university, launching lifelong learning supporting administrative etc. The Korean lifelong system is characterized as Allison's (1971) governmental/bureaucratic, Ziegler and Johnson's (1972) legislative, Griffin's(1987) social control and Green's (2000) state-led models which make policy through the coordination between the government and the parliament and control bureaucratic power and educational qualifications. Lifelong learning policies should be managed in terms of supply and demand at the learning market. In addition, the state has to strengthen lifelong learning through supporting NGOs' activities and adult learners' tuition fee for the disadvantaged group of people.