• Journal of the Korean Institute of Rural Architecture
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• v.14 no.1
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• pp.29-36
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• 2012

This study compares and analyzes the supporting system used in Korea and Japan to facilitate the development of maeul-mandeulgi supporting systems. And the results of comparison and analysis are as follows: First, it needs to establish the separate legal system in the city planning system and to enact the local more local autonomous ordinances to complementarily connect with the administrative system. Second, an exclusive department should be organized under direct control of the local government head. Third, the maeul-mandeulgi support center should hire the full-time employees including the experts and civil officials who are not relevant with administrative works, and the local administrative organization should lead the operation of this center while strengthening the functionality of the center to be suitable with the local situations. Fourth, it is necessary to diversify the way to proceed with the maeul-mandeulgi project, and to look for a source of financial resource instead of depending on the budget of the administrative organizations.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.137-177
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• 2007

The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

• Journal of Digital Convergence
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• v.17 no.7
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• pp.89-98
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• 2019

It requires administrative supporting & Policies Aids on Maeul Community Media that confronted with reconstruction of community & interaction of residence. There are increased of community media research. This study examines the meanings of participants, the role of participants & volunteer, characteristic of community media, enlargement of residence, problems and activation of community media also conducted in-depth interviews of participants. According to the results of the analysis, the first it will be enforced administrative supporting & policies aids on Maeul Community Media. Secondly, suggests supporting of a municipal ordinance of Council. Thirdly, facilitate the education of program contents and management of community media. Finally, Supports of production costs.

• KIEAE Journal
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• v.11 no.5
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• pp.43-53
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• 2011

The Landscape Act was enacted in 2007 introducing a new procedure of the Local Landscape Agreement and the Local Landscape Improvement Projects. The act has granted local governments a legal basis to support residents participation activities in order to create, improve, and maintain the townscape quality of their neighborhood environments. The degree of utilization of this particular process, however, is far below the expectation. Partly, it is due to the lack of field experience and concrete guidelines for preparation and implementation in actual landscape planning process. This study aims to seek for detailed solution to lead the residents participation for local landscape improvement in Korea through consideration for institutional strategies and cases about the local landscape planning and management in Japan. Local landscape improvement projects in Japan are progressing successfully in concurrence with a variety of local participants such as residents participation, administrative supporting and supporting of local company. And it will be possible to support systematically with systematization of participants, such as NPO and a council.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.239-258
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• 2018

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

• Journal of Korean Society of Disaster and Security
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• v.6 no.2
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• pp.15-22
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• 2013

Recently, 'Government 3.0' has become the topic since the inauguration of the new government. According to Government 3.0 Promotion Master Plan, this means providing bilateral customized administrative service based on the values of opening-up, sharing, and cooperation for the individuals of the people. Currently, if disaster victims, who have private property damaged by natural disasters such as typhoon and torrential rain, want to receive disaster relief service supports such as financial support, tax cut, reduction in electric and communication charges, they have to visit each of applicable organizations and apply for the relief service supports. The application forms and procedures are so diverse and complex that disaster victims undergo many discomforts. So this thesis established the solution of residents' discomforts and the providing of practical benefits through disaster victims' one stop application for service as the research objective. Accordingly, the solution plan was concretely presented through preparing the relief service promotion strategies comprising the establishment of administrative service supporting system and the preparation of legal and institutional device, the establishment of computing system for one stop service and the reinforcement of general publicity for successful promotion of cooperation projects.

• The Journal of Fisheries Business Administration
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• v.51 no.1
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• pp.53-66
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• 2020

The Ministry of Maritime Affairs and Fisheries is supporting the "Environmentally Friendly Fisheries Promotion and Private Assistance Project" to increase production of eco-friendly, high-value-added foods. Private-backed operators selected for the project will have an economic opportunity to build, expand or refurbish eco-friendly fishing grounds. To facilitate this, the scope of project support was expanded after 2015 and an opportunity was prepared for private subsidy projects to grow to a new level in terms of quality and quantity by switching to a public offering project. However, starting in 2017, demand from the private sector will plunge and selected projects will be delayed or the project implementation rate will be lowered. It was a time for subsidy-related laws and systems to be reinforced but private subsidy projects do not temporarily shrink simply due to the increased administrative burden on private subsidy operators on subsidy management. It plans to review the correlation between laws and systems related to the construction of fish farms and suggest ways to enhance the efficiency of implementation so that economic advantages, the biggest advantage of the private subsidy project, can be recovered within the current legal system.

• Journal of National Security and Military Science
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• s.5
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• pp.131-172
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• 2007

Government duties in the cases of crisis are aimed at supporting efficient military operations in the fields of non-military affairs and resource mobilization, maintenance of government functions, and search for the public security of living during the war. In crisis, the government must change its functions into the total-war system with all resources available for the efficient performance of military operations, war economy, public safety and security as well as government continuance. The main contents of "Chung-Mu Plan" include the alternative measures to control the circulation of life necessities, emergency electricity, water and gas; recover public facilities from the disaster; and accommodate the wounded and refugees. Governments have practiced Ul-chi and ChungMoo exercises to improve government's management capabilities and master standard operating procedures including systematic distribution plans in the national and local level. However, such plans have not yet sufficient enough for the maintenance of public security of living. In addition to the conceptual ambiguity, major problems are the inappropriate system of the war economy, legal institutions, and administrative SOPs for the efficient maintenance of it. Thus, for the betterment of national crisis management system, the government should have the manual stated from every step and level dealing with crisis to the legal institutions. It is important to empower the National Emergency Planning Commission for the policy consistency and efficient/effective implementation. The comprehensive plans must have an integrated cooperative system of the central/local governments, military and civil society with actual practices and exercises for the maintenance of the public security of living.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2009.04a
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• pp.155-160
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• 2009

Safety of residents could be considered and then increased when we plan, design, and operate a city. In Korea, CPTED (Crime Prevention through Environmental Design) is currently being applied to new towns. However, it is not systemized and neither efficient, for there are no constraint provisions, and the foreign cases are not specifically customized to the current situation of the country. This means, the introduction of CPTED is an indispensable fact, but there are limits to the budget aids and actual application, for there is no legal base to support it. This study, therefore, aims to find the limits from analyzing related laws and regimes, administrative regulations, and applied cases, and to deduct improvement plans based on examined foreign cases. In this Study, the supporting system of foreign CPTED related laws and regulations was analyzed around the cases of England and U.S.A, and based on that information, the present condition and limits of CPTED related laws and regulations of Korea were deducted. As a result of this study, there were no constraint provisions to apply the design guidelines to actual planning, and there were limits on backup aid and actual application due to the lacking of analyzing the relevant area. Also, an acceptable framework must be arranged by the revision of laws and ordinances to compel the system, and link it with the CPTED certification system which will revitalize the whole system.