• Korean journal of communication and information
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• v.60
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• pp.52-74
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• 2012

Legislation needs to be understood within a political, societal relationship among lawmaking bodies rather than by legal provision itself. In order to examine features and functions of communication in the process of legislation, this study conducted focus group interviews with experts as well as in-depth individual interviews. The result of this research as follows: First, the study found that although the domestic legislative process has been made by active interactions among lawmaking subjects, it was hard to conclude that this procedure is providing effective and productive legislative agenda because of chaotic communications made along the process. Second, the study found that national legislative process has been gradually moving, although restricted, to an open political space, the National Assembly, from a closed space, the executive branch. Third, the study found a remarkable feature including growing influence of experts groups and civic organizations in the legislative process. It is a significant change that legislative staff such as National Assembly aides, investigators, expert committeemen and deputy director generals played a role of "insiders," unnoticeably influencing the legislative process, and that civic organizations and NGOs, which have been excluded in the previous legislative processes, emerged as a new influencing circle in the process. Lastly, the study found that media organizations, in the process of developing agenda, had a strong impact on the National Assembly as a subject forming public issues and as a messenger of the legislative agenda while they played a limited role in affecting the government. This study discusses why communication in the domestic legislative process is important and what are some hindering and facilitating factors in the process.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.71-80
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• 2014

This study focus on the legislative conflict for Se-Jong City In case of this paper, the law of administration agency centered is based on the conflict of legislative conflict present government at that time suggested the amendment of that legal status because of so many inefficiency and negative effects regardless of opponent asserts. Here there were a deep various political interests fundamentally both of sides. Legislative conflict here affects the regional conflict among the benefits and indirect benefits or nothing in any area. As the result, political interest deeply which was connected in politics influenced the big national issues, not to amend as a result government failure will be come.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.57-77
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• 2004

According to the dispostions of 1967 Space Treaty, the contracting states should assume legal obligation to assure an authorization and continuing supervision with regard to the national space activities. Any space activities have to abide by the rules of international law as well as specified obligations set by the Treaty. Among several treaty obligations, International responsibility to be bome by the state, and the liability principles are deemed as major outstanding obligations which the state should takeinto account. While nation's first launch site is to be operational in a few years, korean government should assure that its national space activities, such as launching of space object, operation of satellites, etc. should be under governmental authorization and supervision. A legislative effort would be most desirable undertaking for this regard. Especially a specific legislation needs tobe studied forwith such authorization regime so that international responsibilty and the liability as to thelaunching of space object should be under the regulatory scheme. This study focuses upon the necessity of such legislation and proposes some major items and framework for the legislation

• Proceedings of the Korea Technology Innovation Society Conference
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• 2017.11a
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• pp.1019-1067
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• 2017

2016년 다보스포럼에서 클라우드 슈밥이 언급한 '제4차 산업혁명'은 우리의 삶을 획기적으로 바꾸고 있으며, 그 정점에 자율주행자동차가 이 시대의 화두로 떠오르고 있다. 그러나 우리나라에서 자율주행자동차가 성공적으로 도입 및 정착되기까지는 아직 극복해야 할 과제들이 많이 있다. 특히 '인간' 중심의 법제도를 '인공지능'이 포함된 법제도로 패러다임을 변화해야 할 것이다. 자율주행자동차 시대의 안정적 운용을 위해서는 사람중심의 입법체계에 대한 획기적인 변화가 필요하다. 즉, 자율주행자동차를 운행하는 운행주체가 누구인지(무엇인지)와 일반도로에서 일반 자동차와 운행이 가능한지 여부, 교통사고 발생 시 민형사상 책임 문제, 자율주행자동차 관련 보험 문제, 개인정보수집과 이용에 관한 문제, 제3자에 의한 오남용 문제 등을 종합적이고 포괄적으로 검토해야 한다. 본 연구에서는 도로교통 관련 국내 법률, 해외 법제 현황, 자율주행자동차 관련 법적 쟁점 등을 검토하여 입법론적 관점에서 자율주행자동차 운행 시 발생하는 제반 법적 문제 해결을 위한 별도의 법안 신설을 제안하며 그 법안에 대한 내용을 제시하였다.

• Informatization Policy
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• v.28 no.4
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• pp.54-75
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• 2021

The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

• Defense and Technology
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• no.6 s.220
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• pp.26-33
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• 1997

이 자료는 미국의 감사원 격인 일반회계사무소(GAO)에서 미 상원의 군사업무 획득 및 기술소위원회의 요청에 따라 검토보고한 자료를 인용하였으며 원 보고서의 내용에 충실하고자 보고주체를 원문대로 GAO로 하였다. GAO(General Accounting Office)는 미 입법부내의 독립기관으로 연방정부의 모든 사업에 대해 회계감사, 조사, 감찰 및 평가 임무를 수행하고 있으며, 이들 업무는 국회의 요청이나 GAO에 특별히 임무 수행, 혹은 기본입법소요에 대처하기 위해 이루어지며, 이들의 보고서는 국회의원이나 국회의 각종 위원회의 증거자료로 제공된다.

• Defense and Technology
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• no.5 s.219
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• pp.36-43
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• 1997

이 자료는 미국의 감사원 격인 일반회계사무소(GAO)에서 미 상원의 군사업무 획득 및 기술소위원회의 요청에 따라 검토보고한 자료를 인용하였으며 원 보고서의 내용에 충실하고자 보고주체를 원문대로 GAO로 하였다. GAO(General Accounting Office)는 미입법부내의 독립기관으로 연방정부의 모든 사업에 대해 회계감사, 조사, 감찰 및 평가 임무를 수행하고 있으며, 이들 업무는 국회의 요청이나 GAO에 특별히 임무 수행, 혹은 기본입법소요에 대처하기 위해 이루어지며, 이들의 보고서는 국회의원이나 국회의 각종 위원회의 증거자료로 제공된다.

• Analyses & Alternatives
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• v.8 no.1
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• pp.137-167
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• 2024

This study sought to explain the reasons why the civic education bill failed to be enacted as many as 13 times. What we discovered as a result of our research is, first, the absence of a legislative strategy by the minority member of the national assembly on this bills. The Citizenship Education Bill was a controversial bill with great potential for ideological conflict, and after the 19th National Assembly, this bill was promoted by a minority of a specific political party. The Democratic Party's sponsoring lawmakers did not use active legislative strategies, such as exerting influence within the party to have these bills adopted as the party's platform, or developing them into major pledges for the general and presidential elections. Second, there is a consistent passive response from civic groups as well as lawmakers who signed the bill in an unfavorable public opinion environment. During the legislative process, opposing opinions were overwhelming, including concerns about the spread of leftist ideology, waste of budget and organization, and violation of neutrality and fairness in education. In addition, the passive attitude of field teachers and civic groups, who should be in charge of civic education, also served as a background for the legislative failure. Third, due to a lack of sharing of reliable information on recent theoretical research and global policy trends among stakeholders, legislation through an agreement between the ruling and opposition parties failed.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.