• Journal of the Korean Society of Environmental Restoration Technology
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• v.21 no.1
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• pp.13-30
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• 2018

In terms of environmental friendly land use and objective environmental assessment, legislative assessment items of Environmental Conservation Value Assessment Map (ECVAM) consists of designated areas related to conservation and protection, and areas that are planned to be designated in the future. However, the gap with the reality due to omission of several protection areas and land use regulations, and assessment grades according to 3 division land use map of forest, agricultural land, and urbanized area, results in low application and utilization of ECVAM. Therefore in this study, the legislative assessment of the ECVAM was performed with new assessment items and its new ratings, to suggest an improvement in legislative assessment items of the ECVAM. As a result, legally protected areas of inhabited islands under absolute conservation, special wildlife protection districts, protected marine areas, environmental preservation sea areas, scenic spots, forest protection zone, traditional temple preservation zone, and 45 zone or district related to regulation of land use were additionally designated as new legislative assessment items. New grade ratings were given to each additional assessment items in consideration of the restrictions on acts. As a result of the legislative assessment based on the new assessment items and new grades, the 1st grade area increased by 3.47%, and the 2nd grade area increased by 19.35%. The 3rd grade area decreased by 8.54%, the 4th grade area increased by 2.95%, and 5th grade increased by 2.91%. In addition, the out-of-grade area decreased by 20.14%, considered to be a realistic assessment based on land use. With the improved legislative assessment, it is possible to provide a more accurate environmental assessment map. Increase usage of ECVAM is expected in providing regulations of land use and base data for integrated land management of land environmental planning.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.31 no.4
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• pp.417-426
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• 2021

Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

• Journal of Korean Society of Rural Planning
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• v.14 no.4
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• pp.69-76
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• 2008

The purpose of this study is to propose the rural landscape planning criteria for Korean rural area. For this, the meaning of rural landscape is defined, and the legislative framework and several legal processes are surveyed, including the deliberation system for natural landscape impacts and the Landscape Law recently legislated. Through literature studies and analysis, the rural landscape planning criteria are proposed, which have step-by-step processes; goals and objectives, analysis and estimation for present conditions, basic planning concept, landscape planning for different visual landscape types, landscape designing for visual elements, and practical action plans. Each processes are designed considering the existing legislative framework, so it can be well-matched to current systems. But, because there are few rural landscape plans so far, comparing to the urban landscape plans, the validity of this criteria should be verified in the future studies.

• Ocean and Polar Research
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• v.30 no.1
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• pp.59-77
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• 2008

The purpose of this study is to carry out a comparative analysis of Korean and US Sea Grant College Program (SGCP). The important lesson learned from the US SGCP is that ocean policy requires active interaction among public and oceans since oceans are far from constituents, law makers and government officials. Also, Sea Grant Program (SGP) should be based on universities so as to facilitate the use of equipment and expertise, there is a need for a well-organized control system, legislative mandates and strong government financial support, and sea grant activities must be well combined with regional/local outreach, education and research at the appropriate level.

• Korean Journal of Legislative Studies
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• v.23 no.1
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• pp.5-36
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• 2017

This paper aims to clarify the characteristics of 'the regime 87', the product of democratic transition of Korea in 1987, and its historical evolution. Through the clarification, this paper expects to provide a discoursive basis for reforming the regime 87 and advancing democracy in Korea. For this purpose, this paper seeks to find Korea within the context of macro-historical change of the world. And then this paper tries to analyze the reason and the process of the birth of the regime 87 and its historical evolution.

• International Journal of Computer Science & Network Security
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• v.21 no.9
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• pp.109-112
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• 2021

The article considers the state of legislation that regulates the use of public methods of obtaining information by authorized state bodies. The correlation of public investigative (search) actions with operative-search measures as concepts denoting the application of public methods of obtaining information has been studied. In addition, it argues the need for more detailed delineation and legislative regulation of public investigative (search) actions and operational and investigative measures at the legislative and departmental levels. The purpose of the article is to analyze certain provisions of the Law of Ukraine "On operational and investigative activities" to identify inconsistencies in the content of the text of the law in order to correct and prevent ambiguity in the theory and practice of law enforcement.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.203-249
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• 2009

It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

• Korean Journal of Comparative Education
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• v.27 no.4
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• pp.97-126
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• 2017

The purpose of this study is to compare and analyze legislation of homeschooling in the United State and South Korea and to seek a measure to legislate homeschooling in South Korea. To fulfill its goal, related literature and materials were reviewed to derive a criterion of analysis, and also state laws on homeschooling in the United States and homeschooling legislative bill in South Korea were compared and analyzed. The major findings of analyses are as follows. First, regards to declaration of intention in the procedure for homeschooling permission, legislative bill and law of both countries include related regulations. Second, regards to requirement for homeschooling, homeschooling legislative bill in South Korea nearly does not include related regulations while state laws on homeschooling in the United States mostly do include them. Third, regards to public school access policy, both parties do not include related regulations. Fourth, regards to education support service, homeschooling legislative bill in South Korea includes all of related regulations while state laws on homeschooling in the United States nearly do not include them. Fifth, homeschooling legislative bill in South Korea can be affiliated to low on degree of regulation in comparison to the degree of regulation of state laws on homeschooling in the United States. Based on these analysis results, conclusion and discussion have been proposed.

• Journal of Korea Technology Innovation Society
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• v.11 no.4
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• pp.532-562
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• 2008

Recently, one of the issues to be discussed from the viewpoint of product management in National R&D Programs is about the management of intellectual property produced by joint research and development. According to existing legislative system, the main R&D institute and collaborative enterprise own the patent produced by joint R&D activities together at the rate of investment. But, there are many discussions if that is right in legal principles and in substance. Patents by Cooperative National R&D Programs are very different from common patents because of its characteristics and have scheme controlled complexly by related laws and ordinances. This paper aims to review the legal theory on the possession and utilization of patents produced by Cooperative National R&D Programs, and to try to find out the improvement of existing legislative system. For this purpose, after looking into the meaning and the legal system of Cooperative National R&D Programs, and examining the ruling theory on the possession and utilization of co-invented patent, finally research the problems and improvement of existing related legislative system.

• Journal of the Korea Society of Computer and Information
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• v.20 no.9
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• pp.137-145
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• 2015

The Criminal Law of South Korea has needed to cope with new kinds of crimes such as the fraud by use of computer efficiently in a legislative way because the society has witnessed the rapid progress of the industrialization and informatization after established in 1953. As a result, the Criminal Law revised on December 29, 1995, created the regulations of the crimes related to fraud by use of computer, work disturbance, and secret piracy by using information processing units. The regulation stipulated in Clause 347, Article 2 of Criminal Law is the most typical one against the new crimes. However, the new regulation of fraud by use of computer, established and revised to supplement the lacking parts of the current rules of the punishment of fraud, limits its object to "any benefits to property." not to "property" itself, and so cannot achieve the purpose of the revision of the law. This paper aims to suggest a new legislative measure about the object of the regulation of fraud by use of computer to solve this kind of problem efficiently.