• Analyses & Alternatives
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• v.2 no.1
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• pp.71-106
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• 2018

The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

• Korean journal of communication and information
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• v.39
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• pp.69-101
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• 2007

Some clauses of the prior review rules for broadcasting commercials, which are enforced by the Broadcasting Act violate the right to free speech guaranteed by the Constitution. The range of prohibited expression under the clauses are too vague and overbroad to distinguish between permissible and impermissible broadcasting commercials. The clauses also fail to pass the constitutional principle that restrict government from excessive regulation on constitutional rights. The principle has a four-pronged test on the government action; 1) the validity of its goal; 2) availability of appropriate means; 3) necessity of infringement; 4) and balancing test of interests. Some clauses of the prior review rules that forbid expressions on sensitive political and cultural issues fail to pass none of the four-pronged standards.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• Journal of the Korea Society of Computer and Information
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• v.21 no.6
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.