• Journal of Legislation Research
• /
• no.55
• /
• pp.193-237
• /
• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• 한국사회정책
• /
• v.23 no.1
• /
• pp.203-225
• /
• 2016

The permanent disability benefit(PDB) system whose purpose lies in helping affected workers with their self-realization through compensating them for their work-related injury or disease and facilitating their timely return to work is very important in terms of social welfare. Actually, the portions of PDB's in all WCI expenditures have been on the sharp increase. In spite of its positive aspects like this, however, an excessive amount of PDB's may have negative impacts on the affected workers' will to work or return to work, and increasing trends in the amount of PDB's payable in annuity will remain in an aging or aged society a potentially risky factor posing a threat to the soundness of WCI budgets. In this respect, the author attempted herein to identify the long-term reality of trends in the number of claimants entitled to PDB's and the amount of PDB's payable to them through making the long-term budget projections of PDB's; address problems with PDB's payable in annuity, which are or will potentially be one of the gravest burdens in securing the soundness of WCI budgets; and discuss how to optimize the amount of PDB's through studying & analyzing overseas cases and income replacement rates and what kinds of improvements are thinkable. It's recommended to reduce the absolute amount of benefits payable in annuity in a phased way considering claimants' life-cycle instead of sticking to the current system, which takes the form of lifelong pension plan.

• 한국사회정책
• /
• v.20 no.2
• /
• pp.195-232
• /
• 2013

Child care cash benefit policy in Korea started in 2009 limited to the those under 2 years old in the poverty group entitled to National Basic Living Security Act and the near poor group (100,000 won a month). However, in 2013 the coverage has been expanded to everyone under 5 (200,000 won for those between babies in their first year, 150,000 won for the second year and 100,000 won for those between 2 to 5 years old) regardless of the household income level. The policy change between year 2012 and year 2013 requires a rapid increase in child care budget - 760% increase. This paper examines this exceptional expansion in child care cash benefit using policy network analysis. We found that local election as well as general election immediately effect the interaction between policy actors and the types of networks. This suggest that policy actors recognize child care cash benefit to be more directly related to the election result compared with child care services. Also conflictive interaction between the parties and government bodies with budget restraint also facilitated the diversification on the child care cash benefit discussion. The policy making process of child care cash benefit was led to policy adoption immediately after the presidential election suggesting that policy formation process and the policy adoption had an close relationship in the Korean child care cash benefit policy process.

• The Journal of the Korea Contents Association
• /
• v.21 no.8
• /
• pp.305-314
• /
• 2021

According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

• The Korean Society of Law and Medicine
• /
• v.23 no.3
• /
• pp.117-137
• /
• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

• Journal of the Korean Association of Geographic Information Studies
• /
• v.26 no.3
• /
• pp.65-84
• /
• 2023

In order to establish a balanced development plan at the local government level, it is necessary to understand the current urban spatial structure. In particular, since the central area is a key element of balanced development, it is necessary to accurately identify its location and size. Therefore, the purpose of this study was to identify the central area system for Busan and to derive underprivileged areas that were alienated from the service areas where the functions of the central area could be used. To identify the central area system, four indicators(De facto Population, Land Price, Commercial Buildings, Credit Card Consumption) were used to calculate the central area index, and Getis-Ord Gi* and DBSCAN analysis were performed. Next, the hierarchy of the central areas were classified and the service areas were derived through network analysis by using it. As a result of the analysis, a total of 12 central areas were found in Seomyeon, Jungang, Yeonsan, Jangsan, Haeundae, Deokcheon, Dongnae, Daeyeon, Sasang, Pusan National University, Busan Station, and Sajik. Most of the underprivileged areas affected by the central area appeared in the Eastern area of Busan and the Western area of Busan, and were derived from old industrial areas, residential areas, and some new cities. Based on the results of the study, we can find three meanings. First, we have made a new attempt to apply a machine learning methodology that has not been covered in previous studies. Second, our data show the difference between the actual data and the existing planned central areas. Third, we not only found the location of the central areas, but also identified the underprivileged areas.

• Analyses & Alternatives
• /
• v.7 no.1
• /
• pp.45-81
• /
• 2023

This paper examines how Korean economy has been asymmetrically changed after economics crises. The three crises during the last three decades, covid19, global financial crisis, and currency crisis, have deteriorated the economic inequalities of Korea in various ways. First, manufacture industry has been affected larger by economic crises, but recovered fast. The shocks in service sector were small but persist longer or were permanent. Second, although the covid19 spreaded out more to the capital area, the negative economic shock was greater in the non-capital region. That is, the crisis in the capital region transferred or amplified to the other region. Third, the inequality between permanent and temporary workers became worse after crises. Fourth, the sluggish small business growth problem became more serious during the covid19. In order to overcome the industrial and labor inequality, it is desirable to government strategy for economic development from focusing on high value-added industry to a balanced growth for all industry and region. To this end, governemt support should be asymmetric. That is, it should focus on indirect support such as regulatory reforms in the high value-added and private-led industries, and, for small business related service sector and non-capital region which have had limited opportunity of renovation and growth, the more active effort of government and government-driven gowth strategy would be desirable.

• Journal of the Korean Association of Geographic Information Studies
• /
• v.26 no.1
• /
• pp.41-55
• /
• 2023

Urban parks create the natural landscape of the city and offer a space for city residents to stay healthy and take a rest. They are also urban facilities designed to improve city dwellers' emotional aspects. Currently, urban parks need qualitative management as well as quantitative supply due to changes in the national land and urban policy paradigm, and a shift in perspective to consumer-centeredness is needed. In this study, the service levels of urban parks for citizen were evaluated: (1) quantitative supply adequacy was analyzed based on the urban population, and (2) the qualitative evaluation of the parks were conducted. Based on the evaluation, the appropriateness of the arrangement of urban parks is judged by comprehensively analyzing the quantitative and qualitative aspects. As a result of the evaluation of service levels of urban parks, the highest serviced urban parks were found in urban housing development sites and recently established parks. In addition, it was found that the recently created parks improved the qualities of the parks by installing various facilities. If the quantitative and qualitative aspects of urban park service supply are comprehensively analyzed and applied through this research method, it will be a more effective park and green space plan.

• Korea Trade Review
• /
• v.43 no.4
• /
• pp.111-130
• /
• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• Journal of Teachers' Pension
• /
• v.3
• /
• pp.207-252
• /
• 2018

현행 사학연금법은 공무원연금법 제46조 제1항 제4호 "정원 감소로 퇴직한 때부터 연금 지급" 조항을 준용함에 따라 정원감축 및 폐교에 따른 퇴직을 할 경우 법에 명시된 연금지급 개시연령이 아닌 퇴직 후 5년 이후에 조기연금을 지급하도록 하고 있다. 본 연구의 목적은 현행 지급개시연령 규정의 타당성을 검토하고 개선방안을 제시하는데 있다. 이를 위해 사학연금 지급개시연령 현황 및 사립학교 폐교 현황과 사학연금이 공무원연금법을 준용함으로써 발생하는 문제점 및 현행 규정에 따른 연금지급 시 사학연금재정에 미치는 영향을 분석하고 법 개정의 타당성을 검토하여 개선방안을 모색하였다. 주요 연구결과는 다음과 같다. 65세 정년이 되어 은퇴하지 않고 중도에 퇴직하거나 고용이 취소되어 지급개시연령 보다 훨씬 일찍 조기연금을 지급하게 될 경우에는 퇴직연금 자체가 노후소득보장제도이기 보다는 실업급여의 성격으로 전락하게 되는 측면이 있다. 또한, 폐교에 재직 중인 교직원은 근로가 가능한 연령과 건강상태임에도 불구하고 즉시 연금을 수급하게 됨으로써 재취업을 하지 않을 경우 연금에 대한 의존성이 높아지고 근로유인을 저해할 수 있다. 그리고 최근 잦은 폐교로 인한 연금수급자 과다 발생 및 재정적 지속가능성의 문제가 있다. 또한 사학연금 가입자와 공무원연금 가입자의 특성을 비교하면 중요한 차이점이 발견된다. 국공립학교의 경우에는 해당 학교가 폐교 또는 정원이 감소될 경우 다른 지역 학교로 해당 재직 교직원을 이동 배치하는 등의 대처 방안을 시행하기 때문에 사실상 퇴직하는 사례가 거의 없는 반면, 사학연금 가입자의 경우 공무원연금 가입자에 비해 상대적으로 고용불안에 노출되어 있고, 학령인구 감소 등으로 인해 사립학교 폐교 가능성이 상존하므로 이들에 대한 생활안정대책이 필요하다. 또한 공무원 조직의 개폐 및 정원 감소는 법령으로 정하고 있지만, 사립학교 교직원의 개폐 및 정원의 감소는 사학기관의 특성에 따라 차이가 있다. 그리고 공무원의 경우 공무원연금의 대상이면서도 고용형태의 상대적 취약점을 감안하여 임기제 공무원의 경우 고용보험의 가입이 일부 허용되나, 사학연금 가입자의 경우에는 전면적으로 가입이 제한되어 직역연금 간 형평성 문제가 발생하고 있다. 그리고 국민연금과 비교할 때 다음과 같은 차이점이 있다. 국민연금법의 경우 사업장가입자로 적용받고 있다 하더라도 준용법과 같은 사립학교 폐교 시 조기연금 수급 규정이 없으며, 고용보험법의 적용으로 실직 시 실업급여 등의 대응책이 있긴 하나 연금 수급을 통한 소득보장 수준에는 못 미치는 제도적 보완책을 갖추고 있다. 또한, 국민연금 가입자는 고용보험에 적용되나, 사학연금 가입자는 실업상태에 놓였을 경우 고용보험의 적용을 받지 못한다는 점에서 차이가 존재한다. 이에 다음과 같은 개선방안을 제시하였다. 폐교 시 사학연금 가입자의 생활안정을 위해 고용보험 가입을 검토할 필요가 있고, 재정안정화를 위해 연금을 전액지급하기 보다는 퇴직일부터 지급개시연령까지의 잔여기간에 따라 차등지급하는 방안을 모색해 볼 수 있으며, 고용보험법상의 실업급여 제도를 원용하고 소정의 연금지급기간을 설정하여 연금을 지급하는 방안을 고려할 필요가 있다. 이에 더하여 사학연금제도 내에서 별도의 고용보험기금을 마련하는 방안도 모색해볼 필요가 있다.