• Korean Journal of Social Welfare
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• v.61 no.3
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• pp.5-28
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• 2009

The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

• American Studies
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• v.41 no.1
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• pp.99-131
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• 2018

The United States of America is privileged in that social stratification is not directly linked to the division of powers. Nonetheless, America endured the devastating Civil War only to consolidate her national identity when a nation was not defined. In fact, state governments preexisted as a sovereign long before the federal government came into existence as a national government. As a consequence, intergovernmental relations have persistently been contested long after the Civil War ended. In contrast, the European Union was founded on the political will to establish regional integration such that her member states would never repeat the bloodshed in catastrophic wars. Since the principle of subsidiarity precipitated political endeavor in regional integration, the EU developed into a bifurcated system of transnational and international organizations. In this paper, I evaluate the US and the EU by applying the perspective of federalism in which separation and integration are perennially at tension.

• 한국사회정책
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• v.25 no.2
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• pp.165-189
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• 2018

Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

• Review of Culture and Economy
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• v.21 no.1
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• pp.63-83
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• 2018

In the US, there are no governing bodies within the federal executive departments dedicated to the arts and cultural affairs. Direct government subsidies for the arts are relatively small compared to other countries with a comparable economy and standard of living. Nevertheless, the US produces artworks, artists, and arts groups, leading the world's arts and culture. Incorporating the concepts of network governance and shared governance, this paper examines the dynamic roles and interrelationships among various for-profit/nonprofit arts organizations, foundations, councils, service organizations, arts advocacy groups, and professional/amateur associations from the federal to local levels that compose the ecology of American arts and culture. Through our evaluation, we conclude that the local/state/federal arts agencies and arts organizations at various levels influence each other via the principle of subsidiarity and isomorphism, creating a unique cultural policy and arts-supporting system that correspond to the political and social structure and environment of the United States.

• International Area Studies Review
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• v.22 no.3
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• pp.255-292
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• 2018

This paper evaluates the new food policy adopted by the European Union to enhance the food safety after the mad cow crisis occurred in 1990's. Newly introduced rules at the EU level are characterized by two features. Firstly, an important part of them have the form of Regulation which is a binding legislative to all member countries. Secondly, most of them are horizontally applied to the whole food industry, irrespective of their kinds of performance, hygiene or labelling. According to theoretical studies on this topic, any food safety regulation for solving adverse selection problem or reducing negative externality in food consumption should be fine-tuning depending on the concrete demand and costs conditions of the food sector concerned. In this theoretical perspective, the food safety laws introduced at EU level after mad cow crisis have been over-regulated for improving social welfare. The true motivation for the transfer of the policy competence on food safety to the Union level is political rather than economic. Our analysis with a political economic perspective shows that how the EU food regulations have been embraced not only by the governments of member countries, but also by diverse interest groups like food processor & distributors, consumers and agro-livestock groups, and that they have been used as protectionist purpose specially against non-member developing countries. Taking into account the fact that the basic aim to form the Union is to establish a single market to enhance economic efficiency at the Union level, the EU is required to adopt some policy actions to reduce negative effects of too restrictive food safety regulations.

• Korean Security Journal
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• no.26
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• pp.121-144
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• 2011

The Framework Act on the Management of Disasters and Safety 2004(FAMDS) currently underpins Korean civil protection system, and under this FAMDS, Korean civil protection establishes a three-tiered government structure for dealing with crises and disasters: central government, provincial & metropolitan government, and local government tiers. In particular, the concept of Integrated Emergency Management(IEM) emphasizes that emergency response organizations should work and act together to respond to crises and disasters effectively, based on the coordination and cooperation model, not the command and control model. In tune with this trend, civil protection matters are, first, dealt with by local responders at the local level without direct involvement of central or federal government in the UK or USA. In other words, central government intervention is usually implemented in the UK and the USA, only when the scale or complexity of a civil protection issue is so vast, and thus requires a degree of central government coordination and support, resting on the severity and impact of the event. In contrast, it appears that civil protection mechanism in Korea has adopted a rigid centralized system within the command and control model, and for this reason, central government can easily interfere with regional or local command and control arrangements; there is a high level of central government decision-making remote from a local area. The principle of subsidiarity tends to be ignored. Under these circumstances, it is questionable whether such top-down arrangements of civil protection in Korea can manage uncertainty, unfamiliarity and unexpectedness in the age of Risk Society and Post-modern society, where interactive complexity is increasingly growing. In this context, the study argues that Korean civil protection system should move towards the decentralized model, based on coordination and cooperation between responding organizations, loosening the command and control structure, as with the UK or the USA emergency management arrangements. For this argument, the study basically explores mechanisms of civil protection arrangements in Korea under current legislation, and then finally attempts to make theoretical suggestions for the future of the Korean civil protection system.