• Journal of Legislation Research
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• no.53
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• pp.177-211
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• 2017

In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

• Journal of Legislation Research
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• no.55
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• pp.137-166
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• 2018

Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.211-233
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• 2019

The 「Health Care Workforce Support Act」 was came into effect on 29 October 2019. Health care workforce is the most important national health resource, and the quantity and quality of them is also related to the level of national health care. This study examined the background and major contents of this Act and suggested future improvement by analyzing main issues. Th e Act was enacted to support the health care workforce for their recruitment and better working environment. By stipulating the establishment of the master plan, management of the supply and demand, improvement of working environment for health care workforce, the act contributed to raise the quality of health service and health promotion. Given that the act was developed in consideration to support of health care workers, it has many meanings. However, it is necessary to reexamine the above-mentioned five issues in order to develop the effective law while utilizing the significance of the law for health care workforce support and has to revise as soon as possible.

• Proceedings of the Korean DIstribution Association Conference
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• 2006.08a
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• pp.69-90
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• 2006

1997년 시장개방 이후 할인점을 중심으로 한 대형유통점은 급성장한 반면, 중소유통점은 계속 쇠퇴하고 있다. 대형유통점이 대도시에 이어 지방중소도시로 확대되면서 중소유통점은 대형유통점이 자신의 생존을 가장 크게 위협하고 있는 것으로 인식하고 있다. 이로 인해 중소유통점과 대형유통점간의 갈등이 확산되고 있는 실정이다. 갈등이 확산되면서 일부 지자체의 경우 이미 조례로 대형유통점에 대한 규제를 강화하였으며, 일부 의원들에 의해 대형 유통점에 대한 규제를 주 내용으로 하는 입법발의가 되고 있다. 중소유통점이 정부와 지자체에 요구하는 것은 크게 두 가지이다. 하나는 중소유통업을 살리기 위해 중소유통점에 대한 지원을 강화해 달라는 것이며, 또 다른 하나는 대형유통점에 대한 규제를 강화해 달라는 것이다. 반면, 대형유통점은 유통산업 전체의 건전한 발전과 선진화, 글로벌화를 위해 대형유통점에 대한 규제를 오히려 완화해 달라고 요구하고 있다. 대형유통점은 중소유통점의 경쟁력 강화를 목적으로 하는 정부나 지자체의 지원에는 반대하고 있지 않다. 정부와 지자체가 고려할 수 있는 정책대안은 크게 네 가지이다. 첫 번째 방안은 자유경쟁의 원리에 의해 정부가 시장에 개입하지 않는 것이다. 이 경우, 경쟁력이 약한 중소유통점은 계속 쇠퇴할 것이며 갈등이 심화되고 정부와 지자체에 대한 사회정치적 비난이 커질 우려가 있다. 두 번째 방안은 중소유통점의 경쟁력 강화를 위해 정부와 지자체가 이들에 대한 지원을 강화하는 것이다. 개별 중소유통점의 경영혁신 노력과 중소유통점간의 연대노력을 행 재정적으로 지원하는 것이 주된 내용이다. 중소유통사업자의 경영능력 배양을 목적으로 한 교육지원, 마케팅능력 제고, 협업화, 조직화, 정보화의 촉진, 공동사업에 대한 지원이 이에 해당될 것이다. 현재 정부와 다수의 지자체가 취하고 있는 방안이며 네 가지 대안 중 가장 합리적인 것으로 평가되고 있다. 세 번째 방안은 대형유통점과 중소유통점간의 상생협력을 정부와 지자체가 유도하는 것이다. 경쟁관계에 있는 두 당사자 간의 상생협력을 모색하는 것은 모양새는 아름답지만 실효성이 낮은 것이 문제이다. 전시성, 일회성 사업으로 끝나지 않도록 하여야 할 것이다. 네 번째 방안은, 정부와 지자체가 대형유통점에 대한 규제를 강화하는 것이다. 먼저, 대형유통점의 불공정거래행위에 대한 감시감독과 처벌을 강화하는 것은 당연한 것이다. 그러나 정부가 아닌 지자체가 이를 주도하기는 사실 어려움이 있다. 그리고 대형유통점이 영업행위를 영업시간제한에서부터 출점제한에 이르기까지 규제하는 건은 심사숙고하여야 한다. 대형유통점이 국가경제 및 지역사회에 미치는 영향이 부정적인가 긍정적인가에 대해 국내외 학계와 업계에서 여전히 많은 논란이 있기 때문이다. 정부와 지자체에 의한 시장개입은 반드시 필요한 경우에 한해 합당한 방법에 의해 이루어져야 한다. 대형유통점에 대한 규제는 지역사회에 미치는 영향을 다면적으로 평가한 결과에 근거하여 이루어져야 할 것이다. 대부분의 지자체는 체계적인 평가시스템과 객관적인 통계 자료를 갖고 있지 못한 실정이다. 향후 가장 시급한 과제는 시장개방 이후 지난 10년간 대형유통점이 지역사회에 미친 영향에 관한 광범위한 통계자료를 수집하고 이를 체계적으로 분석하여 정책방향을 올바르게 설정하는 것이라 할 수 있다.

• Journal of Digital Convergence
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• v.15 no.5
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• pp.13-25
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• 2017

The purpose of this study is to suggest the direction of O2O industry policy for solving the conflict problems with the traditional industry stakeholder and for enhancing the regulations as new industry development is inevitable. We make use of TAIDA that is one of scenario methods to accomplish the purpose and suggest the direction of policy. First, it is needed to prepare directly by government the environment that new business models are able to emerge easily with various consulting services and information supports like public system servers and IT infra, it is practical support policy. Second, positive legal application for new business and making the law for new business are needed in legal issues situation as soon as possible. Third, the conflicts with old and new industry would be managed to the direction of "predictable" progressively. Incongruity among laws, safety and security problems, and the conflict of stakeholder are urgent. Because of the limit in this study, it is expected that O2O industry is categorized in detail aligned to the characteristics and that new policies along to the separate industry areas are developed by the following study.

• Journal of Korea Technology Innovation Society
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• v.21 no.2
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• pp.875-905
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• 2018

Recently China's science and technology development is accelerating, and some technologies have the world's best technology. With the rapid development of science and technology, China has been deeply aware of the importance of science and technology, and many efforts are being made to legislate security regulations to protect their technologies. Korea and other countries are also interested in research security, and research and development cooperation with China is also on the rise. In this paper, we derived some implications by comparing and analyzing China's science and technology security regulation and Korea's national R&D project management regulations. China is also enacting science and technology security regulations as a subordinate to the laws and regulations of science and technology. However, it should be reflected in future legislation that the difference from Korea is composed of separate independent regulations. In particular, the fact that the science and technology security regulations have been enacted separately may be a hint that can be reflected in the nation's future legislation processes. In this paper, major contents of the science and technology security regulations, points to division of knowledge property into scientific and technological cooperation or security tasks, designation of regulations on the characteristics of research security guidelines, and operation of individual national security agencies In addition, in the event that the contents of the related statutes, confidentiality provisions, and import and import control are recorded in this paper, and the results of the joint R&D project are not utilized, or the technology transfer is not carried out.

• Journal of Korean Society of Archives and Records Management
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• v.11 no.2
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• pp.95-119
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• 2011

Managing and preserving parliamentary archives are significant national tasks. However, in South Korea significance of these tasks have not been recognized. The first exclusive organization for parliamentary archives management was established in 2000, It took about 50 years after the first South Korean government was established in 1948. The first legislation which regulated parliamentary archives management was enacted in 2001. There were no significant improvement on the regulation for the last decade. In April 2011 it was newly revised according to the amendment of the Act on Public Records Management. In this context this study critically analyzes the regulation and discusses various issues concerning the parliamentary archives management system. It divides the history of parliamentary archives management into four periods. It also explores four contentious issues ranging from parliamentary archive designation to archivists assignment. As a result, the study presents four different aspects for developing parliamentary archives management Each aspect proposes three different phased problems respectively. Keywords: national assembly records management regulation, national assembly archives,

• Iberoamérica
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• v.23 no.2
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• pp.55-91
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• 2021

This article dealing with the political participation of Argentine Conservative Protestants tried to examine the effect of such political participation on democratic values and order. To this end, it focused on the subject of religious equality and freedom, and issues of same-sex marriage and sex education. First, the demands of the Protestants, who insisted on the equal treatment of all religions by correcting the religious discrimination policies, a legacy of the colonial era and the military regime, are very natural and self-evident, when we presuppose the value of a democratic society based on political equality and human rights. It can be said that it has contributed to the democratization of society by aiming to solve the old problems of society. But when it comes to same-sex marriage and sex education, things are quite different. Without considering the social situations of the socially disadvantaged or minorities, or the legislative purpose of defending their rights, they insist on only their teachings of scriptures or ethics, even within Protestantism, there is a disagreement on interpretation. These theocratic views and exclusivist attitudes can seriously infringe on the human rights or freedoms of people of different religions, or different choices about marriage or sexuality, among other things. It can be a serious threat to democratic order and values.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• Korean Security Journal
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• no.22
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• pp.169-196
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• 2010

Although more priority is given to politicians from the aspect that they represent people and decide the future of country, the current situation is that politicians are not free from terrorism because of insufficient guard-concerned law, negative social recognition and increased crime and terrorism. The measure for politician terrorism shall be handled from the aspect of national security rather than public peace. For the purpose, basic legal foundation shall be prepared and specialized guard technique considering specialty of politician shall be established. Basic solution shall be established by reinforcing law against politician terrorism and establishing new law from the national viewpoint. The guard for politician has two faces that both of safety of guard target and voting intention of voter shall be met at the same time. Although special guard technique is required for guarding politician, current situation is that it is not researched professionally. In relation to the measure to develop the system of protection for politician, First, the study suggested legal foundation for politician guard. Although the 17th National Assembly proposed revised legal plan to protect politician from terrorism, it is suspended, expired and abolished now. The legal plan presented by members of the National Assembly was simply restricted to the scope of public guard. The study divided establishment of legal foundation into two things. The first one is the dispatch type of effective public guard and the second one is the transfer to private guard. Second, the study suggested environmental development method of politician guard. in the environment of politician guard, the study suggested improvement and development method by analyzing social recognition, politician's mind and voter's mind psychologically. After the beginning of human society, if human race is continued, political activity won't disappear. It is obvious that the safety of political leader is very important issue for human race because he plays the role to decide the future of human. In the future, more specialized, effective law shall be prepared and deeper study of scholar shall be performed.