• Korean Journal of Legislative Studies
• /
• v.15 no.2
• /
• pp.35-65
• /
• 2009

This paper describes the changes in legislative rules in the U.S. House of Representatives and discusses the roles of legislative rules in public policy making. I argue that much of reform experiences in the U.S. House provide good references by which the National Assembly of the Republic of Korea may follow for its reforms. For this, I summarize primary reforms of legislative rules in the U.S. House and discuss dynamics in power distribution between committees and party leadership. These reforms are then reviewed on the basis of political stability, protection of minority rights, and legislative deliberation.

• Korean Journal of Legislative Studies
• /
• v.15 no.1
• /
• pp.177-207
• /
• 2009

This paper deals with the future role of Korean National Assembly in regulatory policy making, Implementation, and evaluation. For this purpose, the author developed the logic for NA's intervention to the regulatory policy making by the executive branch and presidency. Five models of regulatory initiative between National Assembly and the executive branch are also developed by the author. Lastly, new organizational alternatives for the National Assembly to initiate, to participate and to evaluate national regulatory reform policies.

• Korean Journal of Legislative Studies
• /
• v.15 no.2
• /
• pp.131-158
• /
• 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.

• Journal of Legislation Research
• /
• no.53
• /
• pp.9-59
• /
• 2017

Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

• Korean Journal of Legislative Studies
• /
• v.23 no.2
• /
• pp.5-36
• /
• 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 Journal of Legislative Studies
• /
• v.26 no.1
• /
• pp.5-32
• /
• 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.

• Korean Journal of Legislative Studies
• /
• v.27 no.1
• /
• pp.41-77
• /
• 2021

It has been 20 years since the gender quota system for expanding women's political representation was enacted. However, the proportion of Korean women's representatives has not exceeded 20 percent. This study examines how the gender quota system, public funding for women candidates, and public funding for women's development, which are the three pillars of the legal system to expand women's representation, have changed systematically over the past 20 years, how they affected women's representation, and what institutional limitations they have. In addition, it explores the im/possible conditions of reforms for expanding women's representation. To reform the legal system for women's representation, it is necessary to understand that Korea's political system is arranged in a gender-based way in a male-dominated structure, while also understanding that the existence of critical actors and mass driving reforms for gender equality in politics is essential.

• Korean Journal of Legislative Studies
• /
• v.15 no.1
• /
• pp.209-235
• /
• 2009

This articles examines a war of history among American conservatives over the survival strategies of the Republican Party. The traditionalists 'construct' and employ a history originating from Goldwater's libertarianism for criticizing the Bush administration and calling for the restoration of conservative principles of limited, small government. The reformists counter with a history of repeated failures of building "conservatism of the working class."

• Korean Journal of Legislative Studies
• /
• v.15 no.1
• /
• pp.119-143
• /
• 2009

Public disapproval of National Assembly is resulted not only from the structural peculiarity of its decision-making process, but from the gap between public expectation of the National Assembly and its performance. While Korean electorate, being interested in politics with relatively high level of political efficacy, hold higher expectation from politics, the National Assembly fails to satisfy public expectation. In particular, irresponsible behaviors of representatives and the crippled operation of the National assembly are responsible for the low level of public trust to it. Institutional reform and individual efforts of representatives are necessary to promote public trust toward the National Assembly.

• The Journal of Fisheries Business Administration
• /
• v.54 no.4
• /
• pp.1-18
• /
• 2023

This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.