• Journal of North-East Asian Cultures
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• v.19
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• pp.23-48
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• 2009

Duan Fang's doctrine of constitutional monarchy went forward from monarchy to constitutional government based on that an establishment of constitution political structure is superior to a arbitrary rule political structure. And Duan Fang's doctrine featured limitation of monarch's authority protection of subjects' rights. He thought constitution government should be based on the establishment of constitution preparation. He believed that China need to take merit equally in the process of establishment of constitution preparation. In spite of this flexible recognition, there was not enough consideration about an ideological, social and economical basis that can make possible constitutional government operation. He had understood constitutional government system from angle of monarch's safety and the wealth and power of nation. The view was that a responsible Cabinet was for monarch's safety and the nation assembly judicature local autonomous is a system for safety of nation showed us. In his opinion, neither main task of congress is legislation, cabinet nor is the high ranking executive agency, however, he expected to constitutionalism system to become a buffing role instead of monarch. A little pure and simple thinking that open nation assembly and execute constitutional monarchy could make China powerful and wealthy might reflected urgent situation at that time.

• Journal of Fisheries and Marine Sciences Education
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• v.20 no.3
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• pp.442-451
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• 2008

The purpose of this study is to analyze the impacts of the rapid rise in oil prices on fisheries economy. Even though fishery oils are tax exemption items, such increase in oil prices put a great amount of pressure on Korean fishing operations. Because basically the recent oil shock is externally given, Korean fisheries themselves have little capacity to cope with the disruption of economic environments. The research results turned out that Korean fisheries are extremely vulnerable(or fragile) to external shocks. In this regard, government support issues of oil costs are in the center of debate. It is widely recognized that direct/indirect government financial supports or subsidies would result in economic inefficiency in expense of equity. However, there are second best theories which may justify government intervention into the markets. This second best theory is translated into the constitutional law that instructs the government to protect and promote the primary industries including fisheries, agriculture, and midium/small-scale enterprises. It is apparent that the constitutional law would provide the government with a variety of policy instruments such as more active buy-back programs, tax exemptions and technological development to deal with fisheries economic hardship due to the external pressure such as high oil prices and international fishery orders.

• The Journal of Fisheries Business Administration
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• v.31 no.1
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• pp.1-12
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• 2000

The experience of many countries strongly suggests that bad governments and institutions have been a serious, if not the most serious, obstacle to economic growth and industry-structural adjustments. All public sectors pursue a mix of both predatory and productive activities-bad governments emphasizing the former, while good governments finding a way of promoting the later. In fishery public policy studies, much confusion exists about the roles of policy illustration and prescription. In general fishery public sectors involve collective actions by numerous individuals under conditions of uncertainty, complexity, bounded rationality, and imperfect information structure. All collective fisheries action organizations consist of a center(e.g., government), which leads fishery group actions, and peripheral participants(e.g., fishermen), which are controlled by the government. A paradigm is developed that gives both theoretical and empirical meaning to the constitutional determination of fisheries political preference function or fishery public sector governance structures. Three relevant spaces are specified: policy instrument, results, and constitutional. The collective-choice rules of the constitutional space structure the tradeoff between public and special fishery interest groups. Fishery public sectors seeking sustainable reductions in wasteful rent-seeking fishing activities should select constitutional principles and institutional structures that tend to promote resource sustainability. In particular, the effects of internal and external events on fisheries may result in a greater or lesser concentration of interest group power. Thus, the structure of the fishereis political power must be assessed in any prescriptive evaluation of alternative fishery governance weights.

• Journal of Sasang Constitutional Medicine
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• v.22 no.3
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• pp.59-66
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• 2010

1. Objectives: The objectives of this paper are to report Traditional Chinese Medicine (TCM) Constitution Theory and the present state of Chinese Health Administration Center. 2. Methods: We visited China for "China Technology Survey" in 2009. Our purposes were to research for the study of constitutional medicine in China and to search for the Development Plan of Constitutional Medicine Through the Research of Chinese Constitutional Medicine. This paper is the report of the "China Technology Survey". 3. Results & Conclusions: In China, the concept and diagnosis of TCM constitutions is nine(Balanced Constitution, Qi-deficient Constitution, Yang-deficient Constitution, Yin-deficient Constitution, Phlegm-dampness Constitution, Damp-heat Constitution, Stagnant blood Constitution, Stagnant qi Constitution, Inherited specific Constitution). And Chinese government established the Classification and Diagnosis Standards for the Constitutions of TCM in 2009. TCM Constitution Theory is being widely applied at Health Administration Center that treats 'predisease' patients. Theses Chinese clinical implications of constitutional medicine are a good example for "Sasang Constituional Medicine" Care Service.

• Informatization Policy
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• v.19 no.3
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• pp.3-18
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• 2012

Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.11-34
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• 2014

Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying "no one can practice medicine without the government-approved license." This regulation violates the rule of "void for vagueness" based on the principle of "nulla poena nullum crimen sine lege." Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for "holistic medicine." The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

• Korean journal of communication and information
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• v.39
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• pp.69-101
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• 2007

Some clauses of the prior review rules for broadcasting commercials, which are enforced by the Broadcasting Act violate the right to free speech guaranteed by the Constitution. The range of prohibited expression under the clauses are too vague and overbroad to distinguish between permissible and impermissible broadcasting commercials. The clauses also fail to pass the constitutional principle that restrict government from excessive regulation on constitutional rights. The principle has a four-pronged test on the government action; 1) the validity of its goal; 2) availability of appropriate means; 3) necessity of infringement; 4) and balancing test of interests. Some clauses of the prior review rules that forbid expressions on sensitive political and cultural issues fail to pass none of the four-pronged standards.

• The Southeast Asian review
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• v.23 no.1
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• pp.1-44
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• 2013

This study examined the constitutional engineering of the Philippine democracy in terms of power sharing and accountability, and the effectiveness and stability of the Philippine democracy as a result were assessed. Based on the analysis, the nature of the present Philippine democratic system since 1986 was brought to light. This study argues that the system of power sharing between the President and the congress in the Philippines tends to serve for negotiating political interests among the power elites rather than functioning in a constructive way. And the public accountability system is not functioning as it was designed to do. Due to the defects the Philippine democracy continuously suffers the lack of political effectiveness and stability. Despite of the problem, the reason not to break down the system would be the fact that the system served for the oligarchic power elites to circulate and recreate the political power exclusively. The direction of the Philippine constitutional engineering should be weakening the present traditional elite dominated political system, and strengthening the chances of political participation from the various classes. Some concerned people suggested the constitutional change to parliamentary system in order to strengthening party politics, and federal system to cope with the problems of regional conflicts, but such efforts failed repeatedly due to the conflict of political interests. Considering the present circumstance, it would be advisable to reform political party law and election system in the direction of strengthening political party system, and to expand the scope of local government system in the direction of devolving the centralized political power.

• Analyses & Alternatives
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• v.1 no.1
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• pp.3-16
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• 2017

This paper aims to emphasize the necessity of beginning and developing judicial politics in Korea. Law is constitutive of politics, and judicial politics is vital in understanding how politics is influenced by law. Disappointingly, social science in Korea has not recognized the importance of judicial politics. Judicial branch in Korea does not have the capacity to constrain the executive or other government agencies governed by elected officials. The rule of law does not work. Judicial politics has not yet been introduced in Korea, despite its enormous importance in shaping political economy. The rule of law and courts are believed to be the institutional foundation for economic growth. Law embodied in "no one is above the law" is recognized to provide fairness and stability with a democracy. Little attention to judicial politics results in leaving behind a missing link in a polity. The fortification of the rule of law is necessary to make democracy consolidated in Korea, as shown in impeachment of former president Park Geunhae. A new scholarship in Korea on judicial politics is in need to discuss what conditions under which the rule of law is possible and how to make it sustainable.

• Journal of Sasang Constitutional Medicine
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• v.21 no.2
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• pp.137-143
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• 2009

1. Objective : This study aims to evaluate the medical tourism structures in countries with prosperous medical tourism industry such as Thailand, Malaysia, Singapore and India in order ro propose optimal strategies that can promote the medical tourism in Korea. 2. Methods : All pertinent literature concerning medical tourism directly and indirectly were assessed, and reviews of medical tourism strategies found in various countries were evaluated. 3. Results : Evaluation of related literature reveals that medical tourism is a recent burgeoning industry that has grown In market size considerably in the last five to ten years. Also, it shows that oriental medicine is a highly likely candidate amidst the various medical fields for attraction foreign patients. 4. Conclusion : The Korean government should support and install appropriate legal and administrative bodies in order to attract medical tourists; Korea-specific medical tourism programs (ie. traditional Korean medicine package tours) should be developed in order to attract medical tourists from the western world and the middle-east. In addition, low-price policy of medical tourism is not a proper strategies for the competition against advanced medical tourism destinations such as Thailand, Malaysia, Singapore and India. Differentiated medical tourism package such as oriental medical tourism program rather than provision of low-price policy seems to be more effective strategy for the medical tourism in Korea. Future studies on strategies for promoting medical tourism should focus on how foreigners recognize traditional Korean medicine, what diagnostic approach might be appealing to them and how the legal system concerning the medical procedures may be altered and modified.