• Title/Summary/Keyword: 행정입법

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The Comparative Law Research On The Mandatory Control About Illegal Foreign Workers in China (중국의 불법체류 외국인근로자에 대한 법적 규제에 관한 비교법적 연구)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.14 no.9
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    • pp.236-246
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    • 2014
  • Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

A Study on the Legal Issues of Proposed Korean Airport Facility Act (공항시설법 제정(안)의 내용과 쟁점)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.101-124
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    • 2011
  • Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

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A Study on the Implementation Level and Improvement of Incheon Strategy of Korea (한국의 인천전략 이행수준과 개선방안 연구)

  • Na, Woon Hwan
    • 재활복지
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    • v.21 no.2
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    • pp.1-27
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    • 2017
  • The purpose of this study is to evaluate the level of implementation of the Incheon Strategy and to develop measures for effective implementation. This research method used literature review and monitoring method. The results of the study are summarized as follows: First, 9 key indicators and 7 supplementary indicators, which are classified into implementation and non-implementation, 3 key indicators have been implemented, one indicator has been partially implemented, 5 indicators have not yet been implemented, Also, In the case of supplementary indicators, five were implemented and two were not. Second, the ten target areas are lacking in implementation, but the objective of 7 is to ensure the comprehensive disaster risk reduction and management, the ratification and implementation of the Convention on the Rights of Persons with Disabilities and the harmonization of the Convention with the domestic law, Also, it is analyzed that the level of implementation is in the order of improving the reliability and comparability of the data of goal 8, ensuring gender equality of goal 6 and strengthening the capacity of women. Based on these results, we propose an improvement plan for implementation. First, it is necessary to formulate policy issues and implement measures for the implementation of Incheon Strategy. Second, it is necessary to establish a system to implement and monitor for Incheon strategy. Third, Korean standards for goals and targets, key indicators and supplementary indicators are needed. Fourth, it is necessary to prioritize the target implementation and to take preemptive action. Lastly, it is necessary to educate and publicize for the Incheon strategy.

Basic Principles for Establishing Legal Regime of Environmental Health in Korea (환경보건 관련 법제도 수립의 기본원칙에 관한 고찰)

  • Shim, Young-Gyoo;Park, Jeong-Im
    • Journal of Environmental Policy
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    • v.5 no.4
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    • pp.127-154
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    • 2006
  • It has been widely accepted that the environment is an important determining factor of human health. Appreciating the relationship between the environment and human health, Korean government has begun to deal with issues of environmental health. The government proclaimed the year of 2006 to be the first year of Environmental Health and established "The Environmental Health Plan for the next 10 Year". In order to achieve the goals in the plan, there are necessary considerations such as support systems for environment health related research, investigation, law, institution, administration, and so forth. This study suggests basic principles required to establish a legal regime of environmental health which is to implement the environmental health policies in Korea. Several cases of foreign legislation and policy relevant to environmental health are reviewed. Also, existing related legal system in Korea are analysed considering legal and institutional elements for establishing an effective environmental health policy. The main purpose of amending legal system related environmental health is to protect both public health and the soundness of ecosystem. To reach the goals effectively, the concept of 'environmental health' should be clearly established and presented. In addition, an advanced prevention system, including investigation and prevention of the cause of environmental diseases and risk assessment based on the precautionary principle, are substantial in the environmental health legislation. Also the environmental health law should guarantee public participation in decision making as well as the first consideration of susceptible or vulnerable population. This study concludes that the expected legislation related to environmental health should be a nonnative instrument not only for integrating each environmental protection scheme but also for establishing and implementing the policy.

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Policy of Personnel Recruiting in the Korean Municipal Police System (한국 자치경찰의 인력충원 방안)

  • Kim, Jong-Soo;Shin, Seung-Gyoon
    • The Journal of the Korea Contents Association
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    • v.8 no.7
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    • pp.182-194
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    • 2008
  • This study seeks to intensively shed light on the municipal police system which is certain to be introduced to the nation, and verify the effect of the new appointment system presented herein from the viewpoint of police and experts in related areas, thus contributing to having the municipal police system in place stably. In particular, this study sets as the most core factors the recruiting, selection, education and training, and placement in the process of a new appointment, centered on Municipal Police Introduction (Plan) submitted to the National Assembly. First, in the area of recruiting and adoption, presented the head or manager of the municipal police implements open administrative job recruiting system, expanded recruiting of women and manpower in special recruitment to administer citizen-friendly police administration, and the exclusive employment rights of the head of the municipality. Second, in the area of the education and training of the municipal police as to the securing of independent education and training agencies, establishment of curricula fit for characteristics of the municipal police, and utilization of education facilities and professors of regional universities. Finally, in the case of the placement of the municipal police as to side effects caused by the placement of region-hailing personnel, implementation of interview system prior to a new placement, and priority placement of policewomen to the civil service section.

Differences in thinking styles of students between gifted and average students and thinking styles of teachers by characteristics (영재학생과 일반학생의 사고양식 차이 및 교사 특성별 사고양식)

  • Yune, So-Jung;Yun, Kyung-Mi;Yoo, Soon-Hwa
    • Journal of Gifted/Talented Education
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    • v.13 no.3
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    • pp.19-44
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    • 2003
  • On the basis of Sternberg's the theory of mental self-government, this study investigated the differences in students' thinking styles between gifted and average students and the differences in teachers' thinking styles by school quality (gifted school/ average school), sex, professional teaching experience (as measured by duration), and subject of teaching. The subjects were consisted of 191 gifted high school freshmen, 245 average high school freshmen, and 73 teachers. The results of this study were as follows: First, there were statistical differences in many of thinking styles between gifted and average student school. Gifted students scored higher on the legislative, executive, judicial, global, and hierarchic, internal thinking styles. Second, there were no differences in teachers' thinking styles by school quality (gifted school/ average school). Third, teachers with more professional teaching experience (as measured by duration) tended to score higher on the executive, local, and conservative thinking styles. Fourth, there were no differences in teachers' thinking styles by sex and by subject of teaching. To conclude, the thinking styles of students and teachers can play an important role in teaching and learning in schools. Therefore, we need the cognition of thinking styles of students and teachers for the ideal gifted identification and instructional procedures.

Improvement Policy about Inspection systems of Small fishing Vessels (소형어선 검사제도 현실과 개선방안)

  • Lee Kwang-Nam
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.51-63
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    • 2005
  • In relation with inspection systems of small fishing vessels, Government is drawing up revision of the law about ships safety act(Article 3) on the basis of supporting safe fishing activities to expand the application range of ships safety act for vessels under 2 tons(small fishing vessels) that are exempted from inspection systems. There are two opinions about inspection of small fishing vessels. Government's opinion is that inspection of small fishing vessels must be enforced to confirm small fishing vessels' safety but fishermen's opinion is that inspection systems keep on existing law because inspection systems spends a lot of time and money to the poor and the old. The alternatives for countered opinions is that the poor fishermen's vessels' for living or small vessels' inspection must be operated by themselves in principle and minimizing the limitation through policies is recommended. In addition, Government needs to develop various programs for inspection systems of small fishing vessels like the main fisheries countries. Particularly, in case of operating inspection systems of small fishing vessels, Government needs to consider some solutions for example supporting inspection fee, minimum inspection for confirming vessels' safety, inspecting when a vessel is building, expanding an inspection period.

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Healthcare Legislation Cases in the National Assembly Petition System: Focused on Petitions to the Health and Welfare Committee of the 13th National Assembly through the 20th Assembly (국회 청원제도를 통한 보건의료 입법사례 연구: 13-20대 보건복지위원회 청원을 중심으로)

  • Ryu, Chang Ug
    • Health Policy and Management
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    • v.29 no.4
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    • pp.382-393
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    • 2019
  • The right to petition is a classical right of the people in constitutional states, and in Korea, it is a statutory right in the Constitution, the National Assembly Law, the Petition Law, and the Local Autonomy Act. The healthcare community first made a successful petition to the National Assembly when it achieved the amendment of the Government Organization Act through a petition to the National Assembly for the independence of the Ministry of Health, and this achievement served as the basis for further petitions. Since then, the healthcare community has successfully achieved the enactment and amendment of related occupational laws through National Assembly petitions, such as the amendment of Article 41, Paragraph 7 of the former Medical Insurance Act (Korean Medical Association, 14th Assembly), enactment of the Dental Health Act (Korean Dental Association, 15th Assembly), and amendment of the Health Functional Foods Act (Korea Pharmaceutical Association, 16th Assembly). Its petition accomplishment rate is higher than the total petition accomplishment rate of the Health and Welfare Committee of the National Assembly. However, along with the overall decrease in the number of National Assembly petitions, the Korean Medical Association and Korea Pharmaceutical Association have not achieved any results through petitioning since the 16th Assembly (June 2000), and the Korean Hospital Association and Korean Nurses Association have not achieved any results through petitioning since the 17th Assembly (April 2004). Furthermore, no National Assembly petitions have been made at all for 5 years (2014-2018). The Korean Medical Association and Korea Pharmaceutical Association previously showed a high petition accomplishment rate through their accumulated experience with National Assembly petitions and vigorous policy assistance from doctors/pharmacists/nurses turned lawmakers. More specifically, healthcare organizations have achieved results by actively conducting organized activities with the National Assembly, as implemented by a national assembly director and employees, and in case of petitions for legislation, each group has established infrastructure for reviewing the relevant laws by appointing a legislative director, as well as a legal advisor and advisory counsel. Although the organization that has submitted the most petitions to the National Assembly is the Korean Hospital Association, the group with the highest petition success rate is the Korean Medical Association, which may be linked to the relatively high proportion of doctors who have become lawmakers. Furthermore, the fact that other healthcare organizations were highly interested in petitioning the National Assembly has had major implications for the petition activities of healthcare organizations.

"The Burning of Hospitals": Sade's Thoughts on Hospitals from the Ancien Regime to the End of the 18th Century (구빈원을 폐하라: 사드와 18세기 말 프랑스의 구빈원에 대한 연구)

  • Lee, Choong Hoon
    • Cross-Cultural Studies
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    • v.46
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    • pp.379-409
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    • 2017
  • The villainous characters of the Marquis de Sade do not regard pity and consternation that one usually feels at the sight of poor people as natural. Such feelings are simply rejected. Therefore, Sade's characters immediately suggest that the hospitals established by religious congregations under the Ancien Regime should disappear. However, it is important to note that enlightened thinkers are aware of the abuses caused by hospitals at that time, claiming that they are to be blamed for the worsening situation of the poor. Thus, the General Assembly of the Constituents tried to nationalize the possessions of the hospitals, going as far as abolishing every charity institution. This article aims at linking Sade's hatred for hospitals to the issues his contemporaries raise about charity institutions. More particularly, revolutionary thinkers want to replace the considerably rich hospitals with small hospices or domiciliary care. Such actions will help reduce national budget spending and simplify the administrative procedures. Sade's libertines view poverty issues in the society from different perspectives: philosophical, political and economic. Let us not forget that they insist on social assistance systems which would suit both the ideals and the circumstances of the new Republic. We understand that Sade took precautions against the impending return of religion and monarchy, which were expelled by the Revolution. Under the Ancien Regime, people tolerated hospitals on the pretext that they arouse natural feelings such as beneficence and compassion. Well, to say the least, Sade is not wrong in raising awareness on this issue.

출판 및 인쇄진흥법 제정

  • Korean Printers Association
    • 프린팅코리아
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    • s.3
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    • pp.146-147
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    • 2002
  • 21세기 지식정보화 시대의 도래에 대비하여 출판 및 인쇄산업을 지식산업의 중심기반으로 육성.진흥하기 위하여 그동안 의원입법(심재권의원 대표발의, 의원32명 공동발의)으로 추진해 오던 "출판 및 인쇄진흥법"이 7월 31일 국회 본회의를 통과했다. 5장 27조로 구성된 동 법률은 현행 출판인쇄 관련 법령인 '출판사 및 인쇄소의 등록 등에 관한법률'과 '외국 간행물 수입배포에 관한법률'을 통합하여, 문화산업의 핵심기반 콘텐츠인 출판 및 인쇄산업의 미래지향적이고 종합적인 진흥을 목적으로 제정되었으며, 법률 시행령 제정 등 후속 절차를 거쳐 공포 6개월 후에 시행될 예정이다. 이 법률의 주요골자는 첫째, 문화관광부장관이 출판 및 인쇄문화산업 지원 육성을 위한 진흥시책을 매 3년마다 수립.시행하도록 했다. 둘째, 출판사 및 인쇄사의 등록제를 신고제로 전환하며, 외국 간행물 수입추천을 받고자 하는 자의 수수료 납부 규정을 삭제하는 한편, 외국 간행물 수입관련 벌칙규정을 형벌에서 과태료로 대폭 완화하는 등 규제를 완화했다. 셋째, 출판의 형태가 점차 디지털 방식으로 변화하는 시대적 추세에 발맞춰 이에 대한 제도적인 체제를 초기에 정립하여 전자출판사업을 육성하고자 전자출판물에 관한 개념규정을 신설하였다. 넷째, 위기에 처한 출판.서점업계를 살리기 위해 지난 77년부터 시행되어 왔으나 최근 위기에 봉착한 도서정가제를 규정함에 있어 공정거래위원장이 문화관광부장관과 협의하여 지정하는 발행된지 1년 이내의 도서에 한하여 정가판매를 의무화 하였으며, 동 규정의 적용시한을 5년간으로 하되, 이를 어긴 사람에게는 과태료를 부과하게 하여 시행에 있어서는 좀더 강제성을 가지도록 하였다. 다섯째, 현행 '청소년보호법' 상에 있던 한국간행물윤리위원회의 설치.운영근거를 이 법으로 이관하여 동 위원회가 사실상 문화광광부에 속해있는 점을 감안, 형식과 내용이 일치되도록 하였다. 여섯째, 불법복제간행물 및 유해간행물에 대하여는 관할 행정관청이 수거.폐기를 명할 수 있고, 이에 불응할 경우에는 직접 수거.페기할 수 있도록 하였다. 일곱째, 이 법의 제정에 따라 '출판사 및 인쇄소의 등록에 관한법률'과 '외국간행물 수입배포에 관한법률'은 폐지하도록 하였다. 한편 이번 동법 제정으로 21세기 지식정보시대에 문화산업의 핵심기반이 되는 출판인쇄산업의 발전에 있어 출판인쇄산업의 중흥과 건전한 출판유통의 질서확립 등 새로운 이정표를 제시한 것으로 평가되고 있다. 다음은 동법률 중 인쇄와 관련된 조항을 요약, 소개한다.

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