• Title/Summary/Keyword: 조례

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Analysis on the Ordinance and Implementation of Labor Conditions Improvement of Social Worker:Focused on Busan Metropolitan City and its 16 Subregions (사회복지사 처우개선 관련 조례 및 이행여부 연구 부산광역시 및 부산 16개 구·군을 중심으로)

  • Kweon, Sin-Jung;Cho, Sunyoung
    • The Journal of the Korea Contents Association
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    • v.20 no.5
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    • pp.204-211
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    • 2020
  • This study investigates the 17 ordinances on the improvement of labor condition and status of social workers in the metropolitan city of Busan that has 16 administrative borough, or gu, and a central headquarter, and further verifies its implementation. Researchers identified the presence of 9 articles in each ordinances, followed by data request being made to all the administrative offices for their implementation. As a result, the articles on obligation, research on the actual condition, support plan and committee establishment have been excluded in many gus, which were in default of implementation or slower than ordinances stipulate. It is suggested that statements about the obligation of the head officers, preceding research on the actual condition before support plan and committee establishment should be made in the independent articles. Regarding its implementation, ordinances are required to have a regulatory power through penalty, reflect the actual demands of social workers in the field and go through a regular evaluation and monitoring on its implementation in order for purpose accomplishment.

Analysis of Ordinance in a Local Government for the Improvement of the Preferential Purchasing System of Products Manufactured by Disabled (장애인생산품 우선구매제도 활성화를 위한 지방자치단체 조례분석)

  • Park, Ju-Young
    • The Journal of the Korea Contents Association
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    • v.16 no.5
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    • pp.732-745
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    • 2016
  • This study aims to analyze ordinance in a local government for the improvement of the preferential purchasing system of products manufactured by disabled. So, This study analyze 44 ordinance of a local government. The results of this study were as follows. First, 44 local governments enacted the ordinance(rate was 18.1%). Second, Most of the local governments suggest purpose of ordinance, agency of application, establishment of support plan, request of purchase cooperation, duty of purchase promotion. But there are not suggest other items in many ordinance. In particular, Duty of local government president is specified only 30(rate was 68.1%). Third, The municipal ordinance conflicting with the upper laws and regulation. Forth, The Council for the promotion of the preferntial purchasing system of products made by disabled upgrade to an advisory organization including professor, expert, disabled. Fifth, The sales routes of products need to be extended from the public agency to private companies for Preferential purchasing in affirmative action. In order that the Preferential purchasing system will not be a nominal law, the government should show active willingness about monitoring of local government.

A Study on the Analysis of the Provisions of the Library Steering Committee Included in the Ordinance of Public Libraries in Chungcheong Province (충청지역 공공도서관 조례에 포함된 도서관운영위원회 조항 분석에 관한 연구)

  • Sim, Hyojung;Noh, Younghee
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.3
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    • pp.93-117
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    • 2022
  • This study attempted to analyze the contents of the public library steering committee-related ordinances, derive problems and implications, and based on this, suggest the contents and supplementations necessary for the construction of the library steering committee ordinance. To this end, first, we looked at the theoretical background such as the significance and role of the public library steering committee, and the nature of the ordinance. Second, it was analyzed by dividing it into five areas: the status of enactment of ordinances related to library steering committee, whether provisions related to library steering committee are included, composition content, composition method, function, conference and regulation enactment, and allowance payment. Based on this analysis, it was mentioned that it is necessary to establish a department in charge of ordinances, a library steering committee, guarantee the participation of library directors and library experts, hold regular meetings, disclose minutes, and reflect the results of committee deliberation. In addition, when enacting a standard ordinance items containing the name, nature and role, composition, meeting, sub-organization, rule of the library steering committee.

A Study on the Improvement of Disaster Relief Fund Ordinances in Metropolitan Governments (재해구호기금 적립 및 사용 규정 개선에 관한 연구 -광역지방자치단체 조례 분석을 중심으로-)

  • Jung, Jaehan;Lee, Teaho
    • Journal of the Society of Disaster Information
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    • v.12 no.4
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    • pp.350-357
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    • 2016
  • The purpose of this study is to improve the disaster relief fund Ordinances in metropolitan government. The results of the analysis, it is found that ordinances of the large number of metropolitan governments are in violation of the statute. The ordinances are based on the local government activities. Therefore, the maintenance of the ordinance must be made in order to take advantage of disaster relief funds appropriately.

일본에서의 조례위헌소송과 합헌적 한정해석의 법리

  • HwangBo, Wan
    • Korean Journal of Legislative Studies
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    • v.17 no.3
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    • pp.171-195
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    • 2011
  • 2007년 일본최고 재판소는 히로시마시 폭주족 추방조례사건에 대하여 헌법판단 회피의 이론에 입각한 합헌적 한정해석론에 따라 합헌결정 판결을 내렸다. 이는 기존의 판결내용을 답습한 것에 불과 하였지만 합헌적 한정해석이라는 헌법해석의 방법론에 관한 의미를 한번 되새기는 계기가 된 사건이다. 이 법리에 의한 것으로는 1980년대의 청소년보호조례사건이 유명하다. 이 두 사건은 하나는 공안사건이고 다른 하나는 풍속에 관한 사건이라는 점에서 차이가 있다. 폭주족 추방조례사건은 합헌적 한정해석의 법리가 적용될 여지가 있다고 보이지만 청소년보호조례사건과 같은 풍속에 관한 사건에서는 이 법리를 적용하는 것은 무리라고 생각된다. 왜냐하면 청소년보호조례사건에서는 음행, 난잡한 성행위라는 너무나 막연하고 애매한 개념을 사용하고 있어 형사절차에서의 대 원칙인 죄형법정주의에 위배될 소지가 있으며 성적 자기결정의 자유를 규제할 때에는 이에 따른 필연적인 이유가 존재해야 함에도 그렇지 못하다는 문제점과 일반국민에게 지나친 심리적 위축을 초래할 수 있다는 점에서 위헌논란이 제기되었다. 그럼에도 일본 최고재판소는 이를 합헌적 한정해석의 법리를 원용하여 위헌선언하기를 꺼려온 바 이는 헌법판단회피를 의도적으로 하는 것으로 지나친 사법소극주의적 태도라고 하지 않을 수 없다. 법원은 사건의 중대성이나 위헌상태의 정도 그 파급효과의 범위, 구체적 사건에서 문제가 되고 있는 권리의 성질등을 종합적으로 고려해서 충분히 이유가 있다고 판단되는 경우에는 헌법판단회피의 준칙에 따르지 않아야 하며 헌법판단을 적극적으로 할 수 있다고 해석하는 것이 타당하다고 생각된다.

A Basic Study on the features of LID-related Ordinance Enactment conducted by Local Government - mainly on Seoul City, Suwon City and Namangju City - (LID관련 지방정부 조례제정 특성 기초연구 - 서울시, 수원시, 남양주시를 중심으로 -)

  • Lee, Mihong;Han, Yanghui;Hyun, Kyounghak;Lim, Seokhwa
    • Journal of Environmental Impact Assessment
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    • v.25 no.1
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    • pp.25-40
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    • 2016
  • This study suggests direction of new ordinance establishment for the future national application of Low Impact Development(LID) by analyzing current LID-related regulations of local governments, substantial agents to install and maintain a facility, through qualitative and quantitative methodologies. Four key words related to LID were derived from advisory conference and then ninety nine ordinances as the LID-related regulations were extracted to analyze. The study shows that rainwater-related ordinance passed in the middle of 2000s are being merely converted to the law on the promotion and support of water reuse. Regulations on water cycle and LID exist only in three cities nationwide(Seoul City, Suwon City and Namangju City). Interview with administrators of three cities to have LID-related regulations revealed following results. First, both rainwater and water reuse related regulations have not considered regional characteristics such as rainfall intensity, effects of impervious and merely followed guidelines by Ministry of Government Administration and Home Affairs. Second, existing ordinance is confined to specific facilities and thus cannot include the concept of LID which covers land and space utilization. Therefore, for proper application of LID, this study proposes issue of ordinance that resembles Seoul City ordinance and a new guideline that can reflect regional characteristics such as rainfall and location.

A Study on the Status of Ordinances Related to the Private Records (민간기록물관리에 관한 조례 현황 연구)

  • Lee, Jung-eun;Kim, You-kyung;Kim, Geon
    • The Korean Journal of Archival Studies
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    • no.64
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    • pp.119-155
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    • 2020
  • The records management system in Korea has a short history of about 20 years. However, the system is relatively stable. This compressed development has been mainly in public records. This is because the laws and regulations related to private records management were insufficient. Fortunately, Two local permanent records management institutions have recently been established. Therefore, interest in the management of local records has been growing. The Management of private records is an important part of the management of local records. The collection of private records is based on ordinances established by local governments. This study aims to analyze the ordinances of local governments, which are the legal basis for the collection and management of private records. The subject of analysis is the ordinance related to the management of private records that are currently established in Korea. The progress of the study analyzed the current state of the ordinance, the background of the ordinance, and the contents of the ordinance regarding the management of private records. The results of this study can be used as basic research for reference in the enactment of the ordinances related to the management of private records in the future since the ordinances for collecting and managing private records in Korea targets.

Status and Improvement of Metropolitan Government Urban Agriculture Ordinances for the Enhancement of Multifunctionality in Urban Agriculture (도시농업의 다원적 기능 활성화를 위한 광역지방자치단체 도시농업 조례 현황 및 개선 방향)

  • Ji-Won Choe;Choong-Hyeon Oh
    • Korean Journal of Environment and Ecology
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    • v.38 no.1
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    • pp.90-107
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    • 2024
  • This study analyzed the status of urban agricultural regulation of metropolitan governments on supporting multi-dimensional values to suggest a direction for improving urban agriculture regulations. Moreover, a Delphi survey was conducted to derive ways to identify improvement opportunities for functions that showed relatively insufficient support for urban agricultural regulations. As a result of the study, 12 out of 17 metropolitan governments and 116 of 226 municipalities have enacted urban agricultural regulations. However, the enactment of urban agricultural regulations has generally declined since 2011. Analysis of the contents of the urban agricultural regulations showed that they focused on matters relating to the creation and expansion of the foundation of urban agriculture. Among the multi-dimensional values of urban agricultural regulations, the foundation for supporting the securing of green spaces and utilizing food production functions was most widely available. On the other hand, the foundation for support of resource recycling, healing and health, social welfare, economic imbalance mitigation, and job creation functions has been shown to be relatively insufficient. A Delphi survey conducted to determine potential measures to improve urban agricultural regulations to support these functions found that 17 of the 18 ordinance improvement measures were valid. Therefore, to revitalize the multi-dimensional values of urban agriculture, it is first necessary to enact new ordinances. Also, to revitalize the multi-dimensional values of urban agriculture evenly, it is necessary to revise the ordinances to include resource recycling, healing and health, social welfare, mitigation of economic imbalances, and job creation functions. In this process, the development of urban agriculture technology, legal review of various urban farming spaces, and fostering of industries related to urban agriculture are necessary. Above all, steady interest in the multi-dimensional values of urban agriculture and the efforts of local governments to foster urban agriculture must be supported.