• Korean Journal of Heritage: History & Science
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• v.52 no.4
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• pp.78-103
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• 2019

The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.3
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• pp.235-241
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• 2017

With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

• Journal of Digital Convergence
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• v.11 no.3
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• pp.13-22
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• 2013

With increase of Korean economy scale and globalization, permanent alien residents in Korea are increasing day by day. Living in Korea, they maintain their original nationalities, but their life in Korea is greatly affected by political decision made by Korea. It has been taken for granted that foreigners's suffrage were not recognized due to national sovereignty. The claim that foreigners should not be allowed to participate in government has constantly been met with counterargument on the basis of instability of sovereignty principle, trends of advanced countries, intrinsic differences between federal and regional governments, or actual state of foreigners. It is unreasonable to deal with foreigners' suffrage and eligibility for election differently in that the current public offices election law does not allow foreigners to be eligible for election without any special reason while allowing foreigners to vote in the local election. It is discrimination against foreigners not to allow foreigners to be eligible for election when there is no rationale to differently deal with foreigners' suffrage and eligibility for election. This paper deals with constitutional argument regarding foreigners' electoral eligibility, takes a look at legislative cases of Japanese and European countries, and examines possibilities of including foreigners' eligibility for election in our public offices election law.

• Journal of Fisheries and Marine Sciences Education
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• v.18 no.3
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• pp.244-260
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• 2006

The main objective of this study aims at analyzing the national roles of fisheries in the global economy from the constitutional view point. Globalization provides general firms and businessmen with great opportunities that allow them to be able to plan and operate their business strategies beyond the national boundaries. WTO and FTA negotiations must be important facilitators of such globalization. However, Korean primary industries like fisheries under comparative disadvantage have a high probability that there may have to be the trade-offs between the primary and the industrial sector to maximize national benefits in the process of bilateral and/or multilateral international trade deals. Since, moreover, fishermen face strong binding constraints under which they hardly carry out fishing operations standing aloof from national boarders, they have to manage fishing businesses within their own national territory, to maintain and develop fisheries culture, and to explore their own destiny for themselves. Because of such reasons, the constitution imposes upon the State the duty to support and develop fisheries and fishing villages. Considering its article and spirit associated with fisheries(i.e. article 123), it seems unnecessary at this point in time that Korean society makes debates over national consensus for supporting fisheries. The reason is because the explicit provisions of the constitution do not allow their arbitrary interpretation depending upon interests or policy situations. However, where national support to the particular sector could not meet the expected social value system, there would be a great deal of chance to invite serious societal debates over such national commitment to the fisheries. Therefore, whether using it efficiently and realizing the socially expected policy goals must be a responsibility of both fisheries administration and fishing industries.

• Journal of Society of Preventive Korean Medicine
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• v.23 no.1
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• pp.15-26
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• 2019

Background and Aim : Health care and cosmetics as well as quality of life is now a matter of concern and many categories of complementary and alternative medicine fall into the territory of the medical practice of Korean medicine. Accordingly, penalties are being taken for unlicensed medical practices of Korean medicine in so called complementary and alternative medicine area. There is a possibility of violating the law for the public part because it is not clearly stipulated in the law as to what is a licensed medical practice. Materials and Method : The significance of the Medical Service Act and the Act on Special Measures for the Control of Public Health Crimes were reviewed, and the related supreme court cases were discussed upon the legal aspect of processing the unlicensed medical practice of Korean medicine. The legal information was provided from the National Law Information Center of the Ministry of Government Legislation, and the information websites of the Supreme Court and the Constitutional Court. Results : The concept of medical practice, which is essential in judging the case of unlicensed medical practice, is 'prevention and treatment of diseases through diagnosis, examination, prescribing, medication, or surgical procedures based on medical expertise', and the 'acts that may result in harm and injury of health unless performed by a medical person'. With respect to the medical practice of Korean medicine, the concept includes 'prevention and treatment of diseases using the principle of traditional Korean Medicine'. Conclusions : The concept of medical practice should be clearly stipulated in the law for the control over the unlicensed medical practices of Korean medicine. And it is important to move from the current concept of medical person-oriented medical practice emerging from the national system of healthcare control, to a concept that can accept the era of health managing-oriented medical environment and the co-governance of the healthcare providers and consumers for the future.

• Informatization Policy
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• v.29 no.4
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• pp.67-90
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• 2022

The March 2022 presidential election held at the peak of the COVID-19 pandemic drew flak for undermining the principle of universal suffrage by failing to guarantee properly the voting rights of confirmed and quarantined persons. Guaranteeing their voting rights requires thinking about e-voting that can fundamentally overcome the temporal and spatial limitations of current paper voting polling stations. The question is how to deal with the increased possibility of contradicting or violating the principles of equality and direct and secret suffrage due to the expansion of universal suffrage. In order to obtain implications for this, we looked at the case of Estonia, which has been holding 11 national elections without any problems since the introduction of e-voting in 2005. Estonia was successfully building trust in the system, government, and society through the institutionalization and routinization of the overall socio-technical system of e-voting, along with political and constitutional agreements on the principles of elections. Therefore, we should not only consider the possibility of e-voting in terms of technological development and level but also discuss the establishment of trust by mediating conflicts between election principles from a normative point of view to reach a social consensus.

• Journal of Popular Narrative
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• v.25 no.4
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• pp.159-190
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• 2019

This paper aims to examine to the political unconsciousness of social movies that have caused social repercussions in the 2010s, and to study the social imagination of Korean films at that time. Korean Movies such as (2013), <1987>(2017) and (2017) reflect the ethos of civil society based on common sense and justice. The epic structure was the same as that of ordinary citizens, who move toward a public space (court, square) after awakening their political correctness. More than anything else, the fact that such films were based on "a historical fact" could have been a strategy to avoid censorship in the era of the blacklist. In these social films, courts and squares have become places for democracy. The conservative government of the time was tired of anti-government resistance and the politics of the square. Thus, films from directors and producers blacklisted were difficult to produce. That's why the court in the movie during this period could become a symbolic proxy for the "legitimate" reenactment of the politics of the square, which was subject to censorship and avoidance by the regime of the time. Meanwhile, the square has gradually become the main venue for political films that advocate "historic true stories." The square of the 1980s, which appeared in the movies, will be connected to the Gwanghwamun candlelight square that audiences experienced in 2017. Furthermore, it was able to reach the concept of an abstract square as an "open space for democracy." At the foundation of these works is a psychological framework that equates the trauma of the failed democratic movement of the 1980s to the trauma of the failed progressive movement of the 2010s. Through this study, we were able to see that social political films in the 2010s were quite successful, emphasizing "political correctness" and constitutional common sense. But they also had limitations as "de-political popular films" that failed to show imagination beyond the censorship of the blacklist era.

• Korean journal of communication and information
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• v.58
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• pp.106-129
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• 2012

Social Network Service(SNS), which are an emerging form of political architecture, have been a political means to promote civic engagement and shape pubic opinions on social issues. Along with the influence of SNSs, the governmental control on the dissemination of information over SNSs has increased more and more. It would be ideal if the autonomous governance regulates SNSs which facilitate the networks of the dispersed people. It is the fact, though, that compulsory regulations under which the government controls impose policy and legal restrictions on political expressions. The current study addresses expressive and participatory nature embedded in technological characteristics of SNSs and discusses the problems of content regulations of political expression over SNSs. First of all, it is analyzed that light touch regulation or light touch monitoring should be applied to regulating content on SNSs, particularly political expressions. Constitutional Court proclaimed that legal restrictions on the Internet could infringe basic rights of the people and thus under unambiguous standards, the Doctrine of Clear and Present Danger should be applied to its content. Second, it is found that clarifying the definition of illegality in the application of legal restrictions is necessary to minimize the excessive misleading. Third, it is required that Korea Communications Standards Commission under the government control needs to change in determining the scope of illegal information. In a domestic level, there needs to be safeguards for the protection of the self-regulatory organization such as KISO to guarantee voluntary and autonomous regulatory practices.

• Analyses & Alternatives
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• v.3 no.1
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• pp.93-133
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• 2019

Throughout history, there are three clues of dualistic structures for the development of Hong Kong's nativism. First, inward attribution and outward lookingare two paths to the formation of Hong Kong's nativism. In the dualistic framework of "self-others", nativism is formed. The formation path of "outward looking"can be seen everywhere in the construction history of Hong Kong's nativism. It is under the reflection of "two mirrors" with Britain and Chinese mainland that Hong Kong people acquire the concept of "Hong Kong's nativism". Second, there are two aspects of Hong Kong's nativism: economic and cultural aspect and political aspect. With the gradual development of Hong Kong's history, these two aspects come into being and are closely bound up, thus constituting Hong Kong's nativism today. The third clue is the most critical one. The subjectivity of colonization and decolonization are two different forms of Hong Kong people's subjectivity. These three clues run through the whole process of the construction of Hong Kong nativism, and are carried out in three stages of development: "Origin (1960s-1970s): Preliminary Construction of Hong Kong's Nativism", "Development of Hong Kong's Nativism (1980s-1997): Awakening of Political Aspect" and "Formation and Alienation of Hong Kong's Nativism (1997-present): Deformed "decolonization". Along the evolution of Hong Kong's nativism, with the disintegration of colonialism, Hong Kong people have gradually transited from the subjectivity of colonization to the subjectivity of decolonization, but the process of "decolonization" has not been completed up to now.When nativism loses its native complex from the perspective of "inherent in China", and further develops into the "separatism" of anti-constitutional system and anti-national continuity and unity, it will challenge the stability of the relationship between the central government and the Special Administrative Region under the "one country, two systems". At the same time, it will have a greater impact on the political structure and the rule of law system of Hong Kong, and trigger a series of public law problems that need to be solved urgently. In this regard, on the one hand, we should re-clarify the relationship between the central government and the region under the "one country, two systems" in light of the new situation of democratic political development in Hong Kong, and improve Hong Kong's governance mechanism on the basis of the constitution and the basic law; on the other hand, we should actively learn from the German defensive democracy system to systematically interpret, integrate and apply Hong Kong's existing legal resources so as to effectively curb the development of local separatist forces.