• The Journal of the Korea Contents Association
• /
• v.21 no.2
• /
• pp.78-84
• /
• 2021

Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.3-39
• /
• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• The Korean Journal of Air & Space Law and Policy
• /
• v.24 no.2
• /
• pp.211-234
• /
• 2009

North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

• Journal of the Korea Society of Computer and Information
• /
• v.18 no.2
• /
• pp.149-156
• /
• 2013

In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

• Korean Journal of Psychosomatic Medicine
• /
• v.25 no.2
• /
• pp.145-152
• /
• 2017

Objectives : There has been long lasting trend of deinstitutionalization and public health centered care in management of individuals with disabling mental illness. We aimed to investigate current vocational rehabilitation state and effectiveness of system in korea. Methods : We carried basic survey via telephone and e-mail beforehand to figure out how many and which institutions are operating vocational rehabilitation programs to psychiatric patients. A questionnaire packages were sent to total of 108 institutions in Korea which were operating occupation rehabilitation program. Results : Of 108 institutions, 40.74% were returned with answers. The person in charge of vocational rehabilitation at each institution was mainly mental health social worker(48.8%), and the budget under \1,000,000 was the majority(61.5%) among surveyed institutions. The most commonly used vocational rehabilitation programs was case management(23.1%), followed by psychosocial rehabilitation program(21.2%), and on-the-job training(17.9%). The most effective program was case management(27.4%), followed by psychosocial rehabilitation program(19.8%), on-the-job training(17.9%). The main barrier of occupation rehabilitation to be conducted widely was 'worries about being excluded from beneficiary of National Basic livelihood Protection Act'. Conclusions : Our results suggest that, in spite of high demand in vocational rehabilitation programs, government financial support is still lacking.

• Journal of Environmental Policy
• /
• v.5 no.1
• /
• pp.45-70
• /
• 2006

China has achieved great economic growth above 9% annual since it changed to more of a market economy system by its reform and open-door policy. At the same time, China has experienced severe ecological deterioration, such as air and water pollutions caused by its rapid urbanization and industrialization. China is now confronted with environmental pollution and ecological deterioration at a critical point, at which economic development in China is limited. Moreover, environmental problems in China have become a lit fuse for social fluctuation beyond pollution problems. The root and background of environmental problems in China, firstly, are its government's lack of understanding of these problems and incorrect economic policies affected by political and ideological prejudice. Secondly, the plundering of resources, 'the principle of development first' which didn't consider environmental sustainability is another source of environmental deterioration in China. In addition, a huge population and poverty in China have increased the difficulty in solving its environmental problems, and in fact have accelerated them. The Chinese government has established many environmental laws and institutions, increased environmental investments, and is enlarging the participation of NGOs and the general public in some limited scale to solve its environmental problems. However, it has not obtained effective results because of the lack of environmental investments owing to the government's limit of the development phase, a structural limit of law enforcement and local protectionism, and the limit of political independency in NGOs and the lack of public participation in China. It seems that China remains in the stage of 'economic development first, environmental protection second', contrary to its catch-phrase of 'the harmony between economic development and environmental protection'. China is now confronted with dual pressure both domestically and abroad because of deepening environmental problems. There are growing public's protests and demonstrations in China in response to the spread of damage owing to environmental pollution and ecological deterioration. On the other hand, international society, in particular neighboring countries, regard China as a principal cause of ecological disaster. In the face of this dual pressure, China is presently contemplating a 'recycling economy' that helps sustainable development through the structural reform of industries using too much energy and through more severe law enforcement than now. Therefore, it is desirable to promote regional cooperation more progressively and practically in the direction of building China's ability to solve environmental problems.

• The Korean Journal of Archival Studies
• /
• no.35
• /
• pp.3-40
• /
• 2013

Establishment and expansion of a FOI regime is a fundamental basis for modern democracy. Informed decisions and supports by the people are critical to establishment of democratic institutions and policies. The best tool to make informed decisions and to ensure accountability is the FOI. For effective FOI, good records management is necessary requirement. This paper observes and analyses the development of the FOI in the U.S., the Open Government policy, and the government records management reforms under Obama Administration to search viable solutions for Korean FOI and public records management reforms. Major revisions and advancement of the FOIA in the United States are examined, especially the revision of the FOIA as the OPEN Government Act of 2007. The FOIA revision enhanced greatly the freedom of information in the U.S. including the establishment of an independent FOI ombudsman by the Congress. The paper also discusses the Presidential memoranda on the Open Government and the FOI by President Obama, the following directives, Presidential memorandum on government records management and the Government Records Management Directive. Major contents of the directives, plans, and achievement are summarized and analysed. Finally, this paper compares the government records management reforms under former President Roh Mu Hyun with the Obama's reform drive. The comparison found that major difference in the "top-down" government records reforms are the difference in democratic institutions such as weak congressional politics, strong bureaucratic obstacles, and relatively weak social and professional supports for the reforms in Korea, while these reforms were similar in terms that they were driven by insightful political leaders. Independent FOI ombudsman and national records administration are necessary for such democratic reforms.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.1
• /
• pp.63-101
• /
• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.55-84
• /
• 2015

The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

• The Journal of the Convergence on Culture Technology
• /
• v.4 no.2
• /
• pp.89-96
• /
• 2018

This study analyzed status and demand of participation in lifelong education for 218 residents of low-income class according to National Basic Livelihood Security Act. The results of the study are as follows. First, among the statuses of participation in lifelong education, the abilities to study of the low-income class were reviewed. They showed 95.3% of foreign language ability, 66.1% of ICT utilization capacity and 75.7% of computer literacy ability. And the lifelong education participation rate of low-income people was 75.7% It was considered as passive participation in education. Voluntary participation was identified and analyzed. The the actual participation rate in lifelong education was very low at 22.9%. Social participation and awareness according to participation in lifelong education was 43.3% higher than that of respondents who had no participation experience. Especially, voluntary participants showed 73.3% higher than those who did not participate. Second, as a result of analyzing lifelong education of low income class, 74.8% of the respondents answered that there is wished education program. And 50.0% of them could not participate because they did not have enough time. The programs that they wanted to participate in were the programs that could help their real lives such as home life, health and medical courses, professional qualification obtaining process, etc. This indicates that the income level plays a significant role in participation in lifelong education. As a result of analyzing the results of this study above, Korean lifelong education is emphasized and the participation rate is increasing rapidly. However, participation of low-income class in lifelong education seems low.