• Title/Summary/Keyword: Change in legislative system

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A study on the regulation of the similar transmission service of digital music (디지털 음원 유사전송 서비스의 규제 방안 연구)

  • Yu, Seung-Jun;Lee, Hwan-soo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.4
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    • pp.151-160
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    • 2018
  • The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

A Review of a Bill on the Ocean-Based Climate Solution Act (OBCSA) in the U.S and Implications for the Ocean Climate Change-Related Legal System in Korea (미국 해양기반기후해법 법안(Ocean Based Climate Solution Act, OBCSA)의 검토와 국내 해양기후변화 법제에 대한 시사점)

  • Sora Yun;Moonsuk Lee
    • Ocean and Polar Research
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    • v.45 no.2
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    • pp.71-87
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    • 2023
  • Climate change causes ocean warming, ocean acidification, sea-level rise, dynamic coastal risk, change of ecosystem structure and function, and degradation of ecosystem services. Not only that, but it has negatively impacted the well-being of people, society, and culture, including food security, water resources, water quality, livelihood, health, welfare, infrastructure, transport, tourism, recreation, and so on, especially by particularly degrading indigenous communities and generating an inequitable distribution of benefits and costs. As pointed out here, these adverse impacts of climate change on the ocean have been emphasized at the international and national levels. In contrast, the ocean field has been neglected in the climate change conversation for too long. However, since the UNFCCC COP 25, the ocean has been drawn into the discussion as a solution to address climate change. Moreover, the U.S. Congress recently unveiled a bill called the 'Ocean-Based Climate Solution Act, OBCSA' that reflects the new paradigm of the international regime. The comprehensive legislative bill includes elements related to climate inequity, a blue economy, and a community-led bottom-up policy mechanism, which will have a significant bearing on the ocean-climate legal system. Therefore, this study reviews the OBCSA and deduces implications with regard to the ocean-climate legal system in Korea.

Explaining One Less Nuclear Energy Policy from Governance Perspective: Energy Transition and Effectiveness of Urban Energy Policy (대안적 에너지 정책에 대한 탐색: 서울시 원전하나 줄이기 정책과 거버넌스의 역할)

  • Lee, Joo Hun
    • Korean Journal of Legislative Studies
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    • v.23 no.1
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    • pp.151-185
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    • 2017
  • Seoul's One Less Nuclear Power Plant is the major urban energy policy launched in April 2012. Its effort to respond to climate change and energy crisis in the aftermath of the Fukushima nuclear accident turned out very successful, considering huge decrease of energy consumption. However, the question of how the cut of energy consumption was possible remains unanswered. This paper introduces the concept of urban governance capacity as the cause of the success. It is the managing and governing capability to maintain the logical consistency policy system, comprising of policy perception, goals, policy tools and evaluation. Without this logical correspondence between the policy factors, any system including energy regime easily falls apart during the systemic transitional period. Governance capacity provides the integrating framework, so that the system as a whole maintains the internal homeostasis.

Institutional Commitment to Accomplishing the Cause of the "Candle Revolution" ("촛불혁명"의 희망은 무엇이었으며 그것은 어떻게 실현할 수 있는가?)

  • Kang, Miong-Sei
    • Korean Journal of Legislative Studies
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    • v.23 no.2
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    • pp.5-36
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    • 2017
  • "The Candle Revolution" impeached the Park government and elected the Moon government. The candlelight protesters demonstrated public anger associated with accumulated corruption and deep-rooted irregularities. Complete political reform is required to perform deep fundamental reform. It aims to transform democracy in a way that is more inclusive. Inclusive democracy contributes to making welfare state stronger. Inclusive democracy is made possible by proportional representation that allows progressive parties more seats and leverages. Proportional representation systems are characterized by higher degrees of redistribution and larger welfare state. Constitutional reform has to be focused on introducing parliamentary government. "Imperialistic" presidential system in Korea has no mechanism of checks and balances which are key characteristics of presidential systems. It has failed to attend the poverty and social inequality arising from globalization and neoliberal change since 2000s. Parliamentary government is supposed to deliver social policy when parties are more disciplined than in presidential system where political parties remain weak.

Korean Politics of 20 years after Democratic Transition: Delayed Reform and New Challenge (민주화 20년의 한국정치: 지체된 개혁과 전환기의 혼돈)

  • KIM, Man-Heum
    • Korean Journal of Legislative Studies
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    • v.15 no.2
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    • pp.131-158
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    • 2009
  • 20 years has passed since June democratization movement of 1987 that made the representative system worked democratically on the basis of free election politics. So far, democratic movement bloc has been elected to government power at least two times. Conservative bloc of old ruling forces made a peaceful re-turn-over and grasped the government power. It looks that electoral democracy has been working very well. But people's distrust in Korean politics is not decreasing. Recently, crisis of representation is discussed. Korean representative system faces the dual tasks. One originates from the delay of institutional reform, another from the change of political circumstances. This paper diagnose the Korean representative democracy of today, focusing on those dual tasks. Especially, it is proposed to reform the present Korean presidentialism of winner-takes-all power structure. It is also to resolve the problem of Korean parliamentary politics deeply depending on the presidency.

The Change of Employment Relations in Myanmar's Garment Companies: A Case of Korean Investment Companies in a Period of U Thein Sein Government (미얀마 봉제기업의 고용관계 변화: 세인정권기간 한국투자기업의 경우)

  • Yun, Yeong-Sam;Kyaw, HtetMyet-Sandy;Htet, SuYin-Thin
    • Asia-Pacific Journal of Business
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    • v.9 no.1
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    • pp.19-38
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    • 2018
  • This study is to examine the transition of employment relations depending on labor reform by U Thein Sein Government(2011~2015) in company level and implemented literature review and interview. The results of this study are as follow. According to contents of the legislative amendment pursued by U Thein Sein government, there were some changes in employment relations as the use of standard labor contract, the application of paid holidays, easy use of vacations/sick leave and the establishment of trade unions. But, after the adoption of the minimum wage system, there was not change in the employment relations to such an extent as to have a significant impact on the live of the laborers. So it is expected that development of the trade union representing laborers in the future is able to take mutually beneficial employment relations.

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Political Dynamics of Introducing Quasi Mixed-Member Proportional Representation Electoral System: Veto Player and Partisanship (준연동형 비례대표제 도입의 정치 동학: 거부권행사자와 당파성)

  • Ju, Jin-Sook
    • Korean Journal of Legislative Studies
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    • v.26 no.1
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    • pp.5-32
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    • 2020
  • This study analyzes the political dynamics of the election law reform in December 2019, from a perspective of the veto player theory combined with the partisan theory. Three features are revealed in the reform process of the electoral system. First, the number of cooperative veto players was higher than that of competitive veto players, that provided a favorable condition for policy changes. Second, concerning the ideological distance between veto-players (congruence) the possibility of policy change was evaluated as quite small. Especially in the fourth to fifth periods, the congruence between the cooperative veto players and competitive veto players was extremely weak. Third, the internal coherence of cooperative veto players was relatively weak, while the internal coherence of competitive veto players was relatively strong. That acted as a limiting factor in policy changes. In other words, there was a high possibility of policy changes in the number of cooperative veto players, but the possibility of policy change was relatively restricted in the congruence between veto players and the cohesion of veto players. That explains the limited nature of the election law reform.

A Study on the Change of Spatial Structures of Shared Space at Urban Campuses - The opposite concept of Gridlock upon the change to shared campuses - (도심 캠퍼스 공유공간의 공간 구조 변화에 대한 연구 - 그리드락의 반대 개념으로서의 공유 캠퍼스로의 변화에 대하여 -)

  • Kang, Eunki;Baek, Jin
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.11
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    • pp.145-156
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    • 2018
  • Urban campus, one of the main urban facilities, is the representative place that is struggling with 'gridlock'. Due to privatization of space among different departments and space shortages, gridlock has been occurring as a result. The urban campus trying to solve this problem by changing the quality of space, especially the structure of the shared space, which is expected to be the solution to the grid lock problem. The main purpose of this study is to investigate the structural change in the university's shared space based on paradigm transition. The theoretical consideration is to analyze the spatial characteristics of university shared space that appear at different stages through a new perspective that compares the gridlock phenomenon and the shared paradigm. The framework of the analysis of the shared space, which has recently been restructured, is classified into the spatial characteristics of collaborative space, the creative space, and the common/complex space. In addition, these spatial characteristics are again analyzed through the division of legislative facility classification, management governance subject, area, building location and layout, exposure to the outside as well as the analysis of student and staff entry and exit, sharing structure of site and space, and the classification of program characteristics. The results are as follows: The restructured space is systemized so that the management governance of each space would be connected to each other to share information and space. Furthermore, the spatial boundary between colleges or between campus spaces are not only physically, but categorically clear. The restructured space has semi (or in-between)-spatial characteristics such as the intersection in inside and outside of the pedestrian's circulation and the mixture of programs. This study could serve as principal references in presenting the systematic analysis of directions of the shared spatial structure for the urban campus where new educational space is required due to the changes in the university system.

An Efficient Ways of Improving Regulations on Insider Trading (내부자거래(內部者去來) 규제개선(規制改善)의 효율적(效率的)인 방안(方案))

  • Park Sang-Bong
    • Management & Information Systems Review
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    • v.4
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    • pp.611-629
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    • 2000
  • In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

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Study on Economic Analysis of Offshore and Ground-mounted Solar Photovoltaics (해상과 지상 태양광 발전 경제성 비교에 관한 연구)

  • Kyu-Won Hwang;Moon Suk Lee;Chul-Yong Lee
    • New & Renewable Energy
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    • v.20 no.1
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    • pp.38-51
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    • 2024
  • The rapid expansion of industrialization and population growth worldwide has led to a significant surge in energy demand, perpetuating heavy reliance on finite fossil fuel reserves. Although prevailing policies primarily target ground-mounted solar photovoltaics, there is a noticeable increase in the adoption of floating solar power generation systems on water surfaces. Nonetheless, adequate studies and legislative reviews on offshore solar photovoltaics in Korea are lacking. The absence of well-defined criteria for the economic analysis of floating solar photovoltaics presents hurdles to their economic feasibility. This study conducted a comprehensive cost-benefit analysis of offshore photovoltaics to evaluate their economic viability and compared four types of solar photovoltaics based on the operating area and technology: ground-mounted, floating on inland water, pontoon-based offshore, and flexible system offshore. Perspectives from both central and local government entities, emphasizing social aspects, as well as inputs from private companies with a financial focus were considered. The findings revealed variations in economic viability depending on the operating area and technology employed. This study aims to contribute to the advancement of market maturity and technology within the realm of offshore solar photovoltaics.