• Title/Summary/Keyword: Legislative Reform

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A Historical Review Since 1988 on the Relationship Between National Assembly, President and Political Parties (민주화 이후 국회-대통령-정당의 상생관계? : 역사적 관점에서)

  • Cho, Jung-Kwan
    • Korean Journal of Legislative Studies
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    • v.15 no.1
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    • pp.5-38
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    • 2009
  • This study analyzes the relationship since 1988 between National Assembly, president and political parties in Korea, and to find critical conditions for developing a mutually beneficial relationship among them. It argues that the levels of both internal power concentration and cohesiveness(or discipline) of political parties matter greatly, and applies them as theoretical framework for the historical review. By 2002, major political parties were highly concentrated in power and their discipline was strong. Consequently parties fought collectively with each other and Assemblies repeatedly saw standoffs and deadlocks. Reforms of 2002-04 that sought higher degree of party democracy and more autonomy among members of National Assembly have not been able to bring in a productive legislative-president relationship. A cohesive faction politics under the leadership of (potential) presidential candidates keeps it from growing. This study suggests further democratization of party power and more autonomy to individual Assembly members.

A Study on Reform Scheme of Software Industrial Promotion Law (소프트웨어산업진흥법의 개선방향에 관한 연구)

  • Choi, Chang-Ryeol
    • Journal of Information Technology Services
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    • v.5 no.1
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    • pp.61-81
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    • 2006
  • It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

Regulatory Reform for Service Development (서비스발전을 위한 규제개혁의 새 패러다임)

  • Jeong, Ki-Oh
    • Journal of Service Research and Studies
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    • v.6 no.3
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    • pp.1-15
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    • 2016
  • Despite that Korea has tried radical efforts in the global flow of regulatory reform in the past twenty years, the result was not radical at all, but rather disappointing. One examines the possibility of paradigm shift in regulatory reform based on new theoretic perspectives. Regulatory reform, one argues, is not just a neo-liberal approach to cut off overflowing regulation. It is a highly conflictual struggle in state order to move from industrial age paradigm to service age paradigm. In the process of the great shift states become integrated into the world of life constructed by the exercise of civil rights. The relation between the civic socio-economic life and the state apparatus became totally different. Past effort for deregulation missed this point without correct recognition of the role of civil freedom and rights in service economy. One treats three typical forms of regulation whereby conventional rules and regulations effectively damper the development of services: reciprocal perspective in contract management, industrial mind in urban and spaces design, and old way of human capital management. According these analyses a new initiative of regulatory reform is proposed to take place at the National Assembly.

U.S. Commercial Remote Sensing Regulatory Reform Policy (미국의 상업적 원격탐사활동에 대한 규제개혁 정책)

  • Kwon, Heeseok;Lee, Jinho;Lee, Eunjung
    • Korean Journal of Remote Sensing
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    • v.35 no.2
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    • pp.241-250
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    • 2019
  • The current U.S. remote sensing act was made in 1992 and has been criticized for being outdated and inappropriate in view of the modern technological development. In order to enhance the American competitiveness and leadership in the world, President Trump announced Space Policy Directive (SPD) - 2 on May 24, which is designed to modernize the regulations related to commercial space activities including private remote sensing system operations. It should be noted that the regulatory reform efforts are made within broader terms of the National Security Strategy on Dec. 17, 2017, pursuing the enhancement of national security and economic prosperity as well. A legislative support in Congress has also been added to the Administration's efforts. The proposed regulatory reform on the licensing of commercial remote sensing system operations outlines the features of lessening administrative burden on applicants by simplifying the overall application process and of limiting the operations only when there is an impact upon the national security with clear and convincing evidence. But, due to a different regulatory system of each country, such a movement to expand an individual's freedom to explore and utilize outer space may result in an international dispute or a violation of international obligations, so there should be a merit in paying attention to the U.S. commercial remote sensing regulatory reform, and it is desirable to establish international norms as flexible and appropriate to the level of space technology and space industry.

An Analysis on Congressional Voting Behaviors based on the Whole Reform Bill on the Law of Local Educational Self-Governing (국회의원 투표 행태 분석: 지방교육자치 관련 법안을 중심으로)

  • Ka, Sang-Joon
    • Korean Journal of Legislative Studies
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    • v.15 no.2
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    • pp.67-88
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    • 2009
  • This study aims at examining what factors have an effect on congressional voting behaviors. In particular, the study closely investigates the Whole Reform Bill on the Law of Local Educational Self-Governing because the bill attracts a lot of attentions. Above all, the bill contains direct election of superintendents of educational affairs and members of a board of education. Likewise, the education committee is converted into a standing committee of the local assembly due to the passage of the bill. The reason the study mainly focuses on the bill is because in general, bills on the floor are approved with significant high in favor; however, the bill was passed with opposition. The study examines factors having an influence on legislators' voting decision. Statistical results show that the ruling party played a significant role in passing the bill. Also, the results exhibit that legislators with high careers and proportional members were in favor of the bill compared with other legislators. Although the study examined only particular bill passed by the National Assembly, it gave an opportunity to look at voting behaviors of legislators. Hopefully, the study contributes to the understanding of congressional voting behaviors.

Attitude Conflicts and Asymmetrical Activation of Participation: Candidates, Parties, and the Conservatives in Korea (인식의 부조화와 참여의 비대칭적 활성화: 후보와 정당인식, 그리고 한국의 보수주의)

  • Yoo, Sung Jin
    • Korean Journal of Legislative Studies
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    • v.24 no.3
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    • pp.5-28
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    • 2018
  • The recent changes in Korean elections are mainly characterized as the downfall of the Conservative party. It is surprising, considering that the conservative party gained the historical support from the electorate in 2012, just several years ago. This paper claims that the downfall of the Conservative party is mostly derived from the perceptual conflicts and inconsistencies in the mind of the conservatives. The findings show clearly both attitude conflicts for the conservatives and its effect of asymmetrical (in)activation of participation. As their preferences to the conservative candidate and party became weaken, the conservatives remained to be inactive participants in elections. On the other hand, the liberals could make political decisions easily, having popular candidate and preferable political party. It suggests that, in order to participate, the electorate needs attractive candidate as well as parties to support in election. To revive as an active political actor, the conservative party should focus on the search of attractive candidates for the conservative electorate and reform the party in accordance with ideological preference of the electorate.

Study on the Place of Local Tax Payment: Focusing on the Local Income Tax (지방세 납세지 개편에 관한 연구: 지방소득세를 중심으로)

  • Won, Yunhi
    • Korean Journal of Legislative Studies
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    • v.27 no.1
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    • pp.157-185
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    • 2021
  • The place of local tax payment has a realistic meaning in determining the jurisdiction of local taxation. In deciding where to pay tax, the benefit principle, beyond the convenience of tax payment and the efficiency of tax collection, should be considered as the core criteria. The benefit principle seems to be well reflected in the payment place of most local taxes. However, in the case of the Local Income Tax that shares the tax base with the Income Tax, the payment places for business income and capital gains of real estate need to be changed from the place of residence to of business and real estate. Since the benefits of local governments' public services contribute to generating income through various activities such as working or conducting business, it is necessary to ensure that taxation is carried out in the benefit areas where such income activities are conducted. This reform seems to alleviate the tax imbalance among local governments to some extent, and certain positive effects are expected in the areas of tax payment and collection.

Legal Culture and Corruption: A Cross-National Analysis of Effects of Courts Fairness and Courts Accessibility on Corruption (법문화(legal culture)와 부패인식: 사법서비스에 대한 접근성과 재판의 공정성 효과를 중심으로)

  • Kim, Hyeongmyeong;Suh, Jaekwon
    • Korean Journal of Legislative Studies
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    • v.25 no.2
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    • pp.141-177
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    • 2019
  • This paper explains cross-national variation of CPI(corruption perception index) centering on legal culture. By critically reviewing previous researches on effects of British common law system on corruption, we define legal culture as citizens' perception of their legal system. Specifically, measuring legal culture with respect to courts fairness and courts accessibility, we test two hypotheses on effects of legal culture on corruption. A cross-national comparison of 78 countries with OLS regression analyses reveals that courts fairness tends to lower the level of corruption while courts accessibility does not have a significant effect on corruption. Based on this result, we suggest policy implications for judicial reform as well as anti-corruption measure, which puts more emphasis on reforming legal practice that hinders courts fairness than increasing legal service supply. In addition, as the essence of legal culture lies in citizens' shared perception of the legal system, we argue that a broad and solid citizens' consciousness of fair and equitable legal procedures is indispensable in preventing corruption.

The 21st Korean National Assembly Election and Changes in the Party System: Intended Design and Unintended Consequences (제21대 국회의원 선거와 정당체제의 변화: 의도된 설계와 의도하지 않은 결과)

  • Yoon, Jisung
    • Korean Journal of Legislative Studies
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    • v.26 no.2
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    • pp.5-33
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    • 2020
  • Ahead of the 21st Korean National Assembly Election, the congressional election law was revised, and the semi-mixed member proportional system was introduced. The purpose of the revision of the election law was to increase the proportionality and representativeness of the election system through the institutional reform in the direction of promoting a multi-party system. This study shows that the effect of the introduction of the semi-mixed proportional system was compared with the election results when the previous proportional representative system was maintained. There was no significant difference from the results. This study reveals that contrary to the intention of institutional design to revitalize the multi-party system, the two large political parties took the most seats after democratization in 1987, resulting in an unintended consequences. In addition, with regard to the recent argument for party realignment, the Busan, Ulsan, and Gyeongnam regions have been dealigned in the Yeongnam regional cleavage, and are undergoing a process of party realignment. It has not yet entered the stage of realignment, but remains in the stage of fluid dealignment.

Railway Governance and Power Structure in China

  • Lee, Jinjing
    • International Journal of Railway
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    • v.1 no.4
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    • pp.129-133
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    • 2008
  • Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.

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