• Journal of Legislation Research
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• no.44
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• pp.283-314
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• 2013

Das koreanische Verwaltungsprozessgesetz (KVwPG) wurde am 24. 8. 1951 kodifiziert. Es hat bisher mehrmals $ge{\ddot{a}}ndert$. Der Regierungsentwurf des KVwPG-${\ddot{A}}nderungsgesetzes$ vom 30. 3. 2013, ist fast $drei{\ss}ig$ jahre nach der Novellierung des KVwPGs 1984 erfolgt und auch spiegelt sich die Erfolge der $Bem{\ddot{u}}hungen$ in Literatur und Rechtsprechung wider. Aber es gibt nicht nur einige Unterschiede zwischen dem Regierungsentwurf und dem Entwurf der Kommission des Justizministeriums zur ${\ddot{A}}nderung$ des KVwPG (dem sog. Kommissionsentwurf), sondern auch der Regierungsentwurf ist theoretisch nicht problemlos. Vor allem sind Begriff und Umfang der neuen Klagebefugnis nicht klar. Des weiteren sind in ${\S}$ 12 des Regierungsentwurfs die Klagebefugnis mit dem $Rechtsschutzbed{\ddot{u}}rfnis$ identisch gesehen. Der $Rechtsschutzbed{\ddot{u}}rfnis$ nach ${\S}$ 12 Satz 2 des Regierungsentwurfs kann aus meiner Sicht relativ eng ausgelegt. Die $Einf{\ddot{u}}hrung$ der Verpflichtugnsklage in den Regierungsentwurf ist sehr gut, aber es kann trotzdem als problematisch angesehen werden dass Feststellungsklage der Rechtswidrigkeit der Unterlassung und Anfechtungsklage gegen Ablehnung bestehen noch. Der Begriff der Unterlassung ist $unn{\ddot{o}}tig$ und auch strikt. $Vorl{\ddot{a}}ugier$ Rechtsschutz des Regierungsentwurfs ist unter dem Gesichtpunkt der Rechtsschutz der $B{\ddot{u}}rger$ noch zu verbessern, aber doch das Modell des japanischen Verwaltungsprozessgesetzes darf nicht befolgt werden. Aufbau und System des $vorl{\ddot{a}}ufigen$ Rechtsschutzes sind auch nicht eindeutig. Nach Gegenstand und Klageart muss das Institut des $vorl{\ddot{a}}ufigen$ Rechtsschutzes in Ordnung gebracht werden. Es ist nicht ${\ddot{u}}berzeugend$ dass die $Einw{\ddot{a}}nde$ gegen die $Einf{\ddot{u}}hrung$ der vorbeugenden Unterlassung mit dem Gewaltenteilungsprinzip und der $Eigenst{\ddot{a}}ndigkeit$ der Verwaltung erhoben sind. $Dar{\ddot{u}}ber$ hinaus ist ADR (Alternative Dispute Resolution) zu beachten. In Bezug darauf ist Rechtgrundlage $f{\ddot{u}}r$ Mediation in der Verwaltungsgerichtsbarkeit zu stellen.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• Journal of Legislation Research
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• no.55
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• pp.95-136
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• 2018

Marriage forms a minimal social unit. Marriage can affect not only relative relationship but also possession of property. Regarding legal issues related to marriage, mainly the civil law, especially the family law section, regulates. However, marriage has also a significant legal effect in terms of taxation. This article deals with the taxation of gift tax among them. In Korea, if you give more than 600 million won in assets to your husband and wife, the donee must pay the gift tax. However, there has been little research into the influence of the marital property system on the taxation of gift tax on the donation between married couples. There are two legislative approaches to the attribution of property held by married couples. The one is separate property system, the other is community property system. Under separate property system, husband and wife own property separately. The community property system recognizes marital property of married couple as a common property of married couple. The legal property system in Korea is separate property system. However, married couples can adopt the community property system as a marital property system by their agreement. Currently, most Korean couples are subject to separate property system as a marital property system. There is no legal problem to levy the gift tax on the donation between couples who are subject to separate property system. The problem is the donation of asset between couples who are subject to the community property system. In community property system, most property acquired during marriage (except for gifts or inheritances) is considered community property. community property means property owned jointly by both partners. Some argue that the gift tax can not be taxed between married couples who are subject to the community property system. In this paper, we examine whether these arguments are valid.

• Journal of the Korean Society of International Agriculture
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• v.23 no.5
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• pp.475-484
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• 2011

International price of cereal has been dramatically increasing for the past few years. This price hike amplified the importance of food self-sufficiency in numerous countries due to the fact that food security is directly proportional to food self-sufficiency. In this study, we conducted a survey to provide useful information of Cambodia's agricultural environment to possible Korean agricultural investors and as to highlight Cambodia as a strong candidate for the establishment of Korea's foreign base for cereal production. The survey conducted includes information regarding Cambodia's agricultural environment and investment circumstances including the political, economical and other contributing factors affecting agricultural investment in Cambodia. Seventy percent of the Cambodia's total population engage in agriculture and this comprises about 30% of the country's GDP. This statistics reflects the possibility of Cambodia's poverty alleviation which proves that agriculture in Cambodia is the driving force for the improvement of the country's economy. In addition, low labor cost, fertile land, abundant water resources, like the Tonle sap lake and the Mekong river, and unreclaimed lands are the strong points that could attract agricultural investors to Cambodia. Poor infrastructure, irrigation systems, law reforms, including social and cultural differences may be the biggest setbacks for the acceleration of Cambodia's agriculture development. However, the Cambodian government is open and willing to make adjustments for Cambodia to be both foreign and domestic agricultural investor-friendly, expecting that it will boost its country's agricultural development. Making the best out of this opportunity, the coordination of KOICA with Korean agricultural investors in building infrastructures and with the help of the KOPIA program for the transfer of agricultural technology will benefit both countries and will play an important role in Cambodia's agriculture.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.6
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• pp.639-652
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• 2023

The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.1
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• pp.251-259
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• 2014

Securing publicness and efficiencies are the two core goals for implementing quasi-public bus system. However, researches for evaluating the quasi-public bus system with respect to the two goals have been very limited. This study represents an attempt to evaluate the system performance in these two aspects. To achieve this, a framework for performance evaluation is developed. Utilizing the framework, the 5-year performances of the quasi-public bus system in Busan are evaluated. Acess, agency and public interests are employed as criteria for publicness evaluation. Financial aspects of operators, labor, vehicle utilization, productivity and operational costs are selected as indicators for efficiency evaluation. The results show that the publicness of bus services has been vastly improved, while the efficiency has been also improved in most areas except in cost and vehicle utilization aspects. The results of this study will be of use for planners and policy-makers developing strategies for system improvement. It is hoped that this study can be further refined by adding and adjusting indicators which this study may neglect or ignore.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.19 no.3
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• pp.596-606
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• 2015

Recently, the government is promoting the new renewable energy spread and expansion policy. To this end, the investment and the research is ongoing on the core of the ESS (Energy Storage System) for the Smart Grid that is being spread around the industrialized countries. US and European countries have also conducted a variety of ESS related systems maintenance and improvement in order to induce the activation of the ESS industry. On the other hand, our country has no law and institutional foundation for the introduction of activation ESS, and there is no objective basis for the economic impact of the introduction of the ESS. Therefore, spread and activation of the ESS is not properly conducted. In this paper, the economics of the ESS based on the Korea electric pricing system for the spread and activation of the ESS effectively proposes a technique for analysis. To do this, define the ESS operating model, and propose the best economic analysis method economic analysis comparing each operating model.

• Journal of Forest and Environmental Science
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• v.23 no.1
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• pp.35-49
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• 2007

This study analyzed on the developmental process of forest policy direction in Korea and present status of forest desolation in North Korea of the pre and post division of the Korean peninsular with historical point of view and indicates future tasks to take. Forests in Korea were destroyed in the early of 1900s while Korean peninsular was under Japanese colonial rule. In 1945, Korea was divided into two parts, which developed its own forest policy under the different political system. South Korea was at Korean war in 1950 and accomplished the greening movement from 1970s to 1980s. After 1990s, the country has aimed to sustainable forest management. North Korea has focused on forestation until 1960. However, the result has been doubtful with North Korean economic depression, and these days North Korea faces forest desolation due to failures of forest management. Therefore, necessary is that recovery measures for forest desolation in North Korea, cooperation and interchange between North and South Korea and plans of forest management in case of unification.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.282-291
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• 2010

This study is carried out in order to suggest the effective method to enhance the resettlement of natives for re-maintenance promotion district of Asansi. This study is carried out through current status survey, native survey, and examining related laws, and the result of study is as follows. First, as a result of examining the intention of resettlement for the residents and merchants who live in the project district, 84% of residents and 80% of merchants wish to resettle. Second, in order to enhance the rate of resettlement, driving project to satisfy the demands of residents and merchants is needed. For this, house supplying policy and complex design technique for corresponding this tendency is needed because they prefer to live a single houses or housing attached to shopping street of 100 million won valued below as well as apartments,. And new types of business which can activate the function of the old city are needed, but making commercial space where current merchants can constantly do business activities is demanded. Third, the expansion of urban regeneration concept which have economics, society, culture, welfare and community as well as physical environment improvement are emphasized is needed. Fourth, the role of government for urban regeneration should be strengthened, and institutional improvement should be supported. Government needs to constantly support including financial supporting in order for the regeneration of regional city, and especially should scout for the policies which community can be maintained and should support first. For this, utilizing public lands inside project district into leading project, government should utilize into "constructing rental houses for natives", inducing the leading key facilities. Fifth, various plan techniques for the resettlement of natives of other advanced countries should be examined and be achieved.

• Journal of Internet Computing and Services
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• v.15 no.4
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• pp.67-79
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• 2014

One of the core policies recently implemented by the Korean government is the introduction of a creative economy, a concept that integrates ICT with the existing economic structure in order to create new growth factors and jobs. In June of 2013, the National Assembly passed a bill for the institutional practice of a creative economy. The concept of a creative economy is to integrate industries centered on ICT in order to form a new-concept industry paradigm that creates new values and services that exceed past industrial categories. In other words, smart convergence, which integrates ICT with various industries, is evaluated as a core factor for boosting the creative economy. Thus, based on the definition of 'smart convergence', this study predicted the economic effects and sociocultural changes that will ensue due to the future era of smart convergence. Also, this study proposes policies for enhancing the creative economy in various ways. More specifically, in-depth interviews with convergence industry experts were carried out and quantitative analyses were performed employing a Solow Model. Furthermore, as a means to revitalize the creative economy, this study underscores the significance of the preemptive institutionalization of legislations and suggests several policy proposals regarding smart convergence rooted in market supply and the demand chain, smart convergence through selective focus, and smart work. This study is differentiated from previous studies that have only focused in establishing theories in that it offers quantitative research with a consideration of the feasibility of proposed policies. The leading experience of Korea regarding smart convergence can provide important lessons to other countries that hope to promote a creative economy as a means to create new growth factors and jobs.