• Title/Summary/Keyword: 기본규범

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A Study on the Improvement of Systemicity and Compatibility in The Framework Act On Science And Technology (과학기술기본법의 체계성 및 정합성 제고를 위한 개정방안)

  • Yoon, Chongmin
    • Journal of Korea Technology Innovation Society
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    • v.17 no.1
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    • pp.95-123
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    • 2014
  • Recently, as the role of science and technology in social domain is more increased and the creative economy becomes a important matter in national development strategy, it is necessary that the improvement of legal system on science and technology for efficiently responding to paradigm shift into Innovation driven science and technology policy. Especially, The Framework Act On Science And Technology as a general and basic norm on science and technology policy is necessary to revise in systematic and substantial aspect in order to correspond with changed environment and current of the times. The Framework Act On Science And Technology was established in 2001 and revised several times, but substantial amendment reflecting the political facts as the need to demand was insufficient because it was revised only related with restructuring the government organization and changing the S&T Policy Coordinating Committee system. And therefore, this paper aims to review the problems and complementary factors and suggest the improvement draft on The Framework Act On Science And Technology. According to study, the revision methodologies are following : first, the Chapter and Paragraph of the law should be restructured to improve the systemicity, next the comprehensiveness, effectiveness, connections with related special laws and compatibility of the law should be complemented by adding the new provision or amending the inadequate provision to improve the position and function as a general and basic norm.

A Study on the Normative Recognition of Blockchain Smart Contract

  • Song, In-Bang;Kim, Yeon-Jong
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.1
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    • pp.187-198
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    • 2020
  • In this paper, We purpose an improvement plan for the settlement of smart contracts into legal norms through the recognition of the norms of blockchain-based smart contracts and the main influence factors on the norms of smart contracts. First, in terms of the normative necessity of smart contracts, legal protection against technical errors, government-level public relations education, and basic laws governing smart contract business are needed. Second, the contract norms will be accepted by the contract norms based on the blockchain designed to make the responsible material clear in terms of smart contract usability. Third, in terms of regulation of smart contracts, it can be seen that smart contracts are subsumed from existing laws or considering new legislation, but the norm of smart contracts cannot be prioritized over ease of use.

Korean Government's Public Diplomacy in a New Cold War: An Evaluation of the 2nd Basic Plan for Public Diplomacy(2023-2027) (대립하는 세계와 한국의 공공외교: 제2차 공공외교 기본계획과 정책공공외교를 중심으로)

  • Euisuok Han
    • Journal of Public Diplomacy
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    • v.3 no.2
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    • pp.53-68
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    • 2023
  • Some observers call current conflicts in international relations as a new Cold War. But the characteristics of the new Cold War are more complicated than that of the Cold War. Under this condition, Korean government established the 2nd Basic Plan for Public Diplomacy in 2022. Compared with the 1st Basic Plan, the 2nd plan shows several progress such as expansion of items for knowledge (public) diplomacy and inclusion of global value as a part of public diplomacy for policy. The 2nd plan also emphasizes digital public diplomacy as a tool for enhancing the Korean government's public diplomacy. Despite substantial progress, the plan does not suggest definite and reliable global values as a part of Korean public diplomacy for policy. This study provides several important points to develop Korea's public diplomacy in a new Cold War.

A study on the countermeasure of government for formative of Electronic Commerce Regulation (전자상거래 규범 형성에 있어서 정부의 대응방안에 관한 연구)

  • 송수정;문태수
    • Proceedings of the Safety Management and Science Conference
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    • 2001.11a
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    • pp.73-78
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    • 2001
  • 민간자율규제와 정부개입의 최소화의 조율은 업계의 자율규제를 기본으로 하여 정부의 법 정책적인 보호 및 규제를 병행하여 해결하는 것이 바람직할 것이다. 특히, 소비자 보호 및 개인정보보호에 관해서는 업계의 충실한 자율규제를 촉구하고, 정부의 개입이 불가피하다면, 보다 명확하고 구체적인 조건과 범위 내에서만 허용되어야 할 것이다. 이에 본 논문에서는 전자상거래 관련 국제규범 형성의 전망을 중심으로 국내 전자상거래 규범 형성과정에 있어서 정부의 대응방안을 제시하였다.

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EC 경쟁법상 수직적 거래제한에 대한 규제

  • 홍명수
    • Journal of Korea Fair Competition Federation
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    • no.104
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    • pp.19-28
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    • 2004
  • EC 경쟁법은 수직적 관련하에서의 거래제한에 관한 이해가 이루어지고 있는데, 기본적으로 미국의 반독점법상의 이해와 유사하지만, EC 경쟁규범의 특성에 따른 이해의 차이도 존재한다. 그러나 수직적 거래제한이 독립적인 거래제한 유형으로 명문화되고 있지는 않으며, 포괄적인 EC 경쟁법의 실체규범인 EC조약 제81조와 제82조가 이에 대한 규제근거가 되고 있다. 동 조약 제81조는 카르텔을 제82조는 시장지배적사업자의 지위 남용에 대한 규제를 규정하고 있는데, 수직적 거래제한은 양자 모두에 관련될 수 있다.

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Basic Income: Norms and Experience of Policy Scientific Analysis - In the Center of the Youth Dividend Ordinance Discussion - (기본소득: 규범과 경험의 정책 과학적 분석 - 청년배당 지급조례 논의를 중심으로 -)

  • Lee, Myoung Hyun
    • Korean Journal of Social Welfare
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    • v.68 no.4
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    • pp.119-141
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    • 2016
  • This study analyzed on the basis of the norms and experience the Seongnam youth dividend ordinance. Youth dividend pros in the normative dimension to understand in order to achieve social justice. Further, youth dividend can replace the existing policy. On the other hand, the opposite of youth dividend is pointed out that the policy is ambiguous without morally justifiable. Also it has been pointed out inefficiencies means. Youth dividend Pros empirical dimension is a social considerations measures, there is a need for innovation by the failure of existing measures. On the other hand, youth dividend opposed to target efficiency is low, and that the problem is often to the contents of the salary. Because both sides are too contrast, consensus is difficult, can be political point of view is a significant impact. The basic income is a new thought experiment for human self-realization. Therefore, the production social welfare policy personality is a different policy science. That is, it is a long-term care social policy that requires a holistic life support. In addition, a non-empirical policy that requires a material support for the substantial freedom. Therefore, it is necessary to understand the philosophical meaning than scientific evaluation of traditional policy aiming to realize autonomous life. Therefore, radio waves of basic income through the welfare politics and exercise is still important strategy.

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A Study on the Right to Housing in International Human Rights Laws and Instruments (국제인권법 및 인권규범의 주거권 규정에 대한 연구)

  • Kim, Yong Chang
    • Journal of the Korean association of regional geographers
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    • v.19 no.3
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    • pp.514-540
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    • 2013
  • Today human rights are the most complex and prominent issue in the system of international law, and the right to housing(housing right) is also recognized as a basic human right in the international human right instruments including the Universal Declaration of Human Rights. This study targets to comprehensive review of the housing rights provisions with 85 international human rights laws and instruments. And the contents and characteristics of housing rights are analyzed with categorization based on housing rights in general, housing rights of workers, socially vulnerable groups, international regional organizations. Housing right takes also the features of universality, indivisibility, interdependence, and right to adequate housing should be interpreted with holistic view including legal security of tenure, accessibility, affordability, location beyond ensuring just a physical housing space. Approaches to the housing right comprehensively reflect the view of the right to development, the perspective of gender equality, the principle of non-discrimination, the participation rights, and orient the housing right should be seen as the right to live somewhere in security(safety), peace and dignity.

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Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

A Study on the Normative Validity and Factual Effectiveness of the 'Library Law' with a Focus on [Law No. 18547, December 7, 2021, Comprehensive Amendment] (「도서관법」의 규범적 타당성 및 사실적 실효성 분석에 관한 연구 - [법률 제18547호, 2021. 12. 7. 전부개정]을 중심으로 -)

  • Myung Hee Yoon;Jee Yeon Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.4
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    • pp.233-262
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    • 2023
  • It is essential to have adequate legal regulations to achieve the policy objectives in libraries. This study aims to analyze the structure and critical amendments of the Library Act (Law No. 18547), which was comprehensively revised on December 7, 2021 and has been in effect since December 8, 2022. This analysis examines the normative validity and effectiveness from a policy legislation perspective. As a fundamental law, we explore whether the Library Law possesses legal validity and can contribute to achieving policy objectives by elevating the societal value and qualitative improvement of libraries from an effectiveness standpoint. The analysis results suggest proposing enhancements to the content of objectives and fundamental principles, specifying the responsibilities of the state and local authorities, improving the library policy system, and enhancing the substantial influence of the National Library Commission.