• Title/Summary/Keyword: Legislative policy

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A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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An Institutionalization and Legislation Productivity of Korean Metropolitan Councils: Panel Data Analysis (광역의회제도화와 입법생산성: 패널데이터 분석)

  • Jung, SungEun
    • Korean Journal of Legislative Studies
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    • v.26 no.1
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    • pp.105-145
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    • 2020
  • This study analyzes the effect of institutionalization of Korean metropolitan councils on legislation productivity. Based on the theory of institutionalization of legislatures, three independent variables (stability, complexity and adaptability) were selected to measure the level of institutionalization of a metropolitan council and nine sub-analysis indicators. The main results of the analysis of the effect of the institutionalization of the metropolitan council on legislation productivity are as follows: First, the factors that determine the number of reported bills were the ratio of first-term lawmakers, average number of elected of the chairmen, number of special committees, number of legislative experts, actual age of metropolitan councils, and number of voters per lawmaker. Second, the factors that determine the rate of reported bills were the average number of elected of the chairmen, the number of special committees, the number of legislative experts, the actual age of metropolitan councils, and the number of voters per lawmaker. Third, the factors that determine the number of reported bills per lawmaker is the average number of elected of the chairmen, the actual age of metropolitan councils, and the number of voters per lawmaker. The above result points out that legislation productivity differences of past metropolitan councils can be understood as differences arising from legislative institutionalization levels and several policy considerations can be made to enhance legislation productivity of metropolitan councils.

Technological Review of Icing & Frozen Industry in Korea ("우리나라 제빙 냉동업의 기술적 리뷰")

  • Park Hi-Yul
    • Journal of the Korean Professional Engineers Association
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    • v.12 no.3
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    • pp.18-22
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    • 1979
  • "In summary, the freezing facilitty manufacturing industry has a bright prospects for further development. So followings are recommended: 1) The import restriction policy should be continued to expand the demand for the 10callT manufactured facilities, 2) Training of local people and import of advanced technologies should be encouraged 3) The capacities of the local manufacturing industry should be expanded to meet the: increasing demand for the facilities, 4) Further incentives should be affered to the freezing & cold storage sector for the repla¬cement of the worm-out facilities 5) The marketing channel of marine products should be reorganized into ""cold-chain system"" by providing a legislative supports."

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A Study on Activation Plan of Data Collection and Cooperation System in Local Council (지방의회 자료수집 및 협력체계의 활성화 방안 연구)

  • Kwack, Dong-Chul;Joung, Hyun-Tae
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.24 no.2
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    • pp.129-150
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    • 2013
  • The libraries of local councils contribute to realize democracy and promote national interests and the welfare of the people, by supporting democratic legislation activities and congressional politics of the local councilors. This study analyzes the libraries of local councils at 17 regional local governments, and it confirms that there are various deviations in their library services such as material acquisitions and legislative information services by regional groups. On the basis of that analysis, the study summarizes the ways for improving the service qualities of the libraries of local councils as follows. First, it is necessary to organize the institute for national council materials. Second, the cooperative network systems should be constructed to share council publications. Third, the provisions related the copyright law and the national assembly library act have to be modified. Fourth, the libraries of local councils share their own materials focusing on digital publications. Fifth, the National Assembly Library expands their legislative information services to the libraries of local councils.

A Study on Legislative Requirements for Trusted Electronic Records Management (신뢰성 있는 전자기록관리를 위한 법적 기반에 관한 연구)

  • Suh Hye-Ran;Seo Eun-Gyoung;Lee So-Yeon;Oh Kyung-Ju;Jeong Won-Shik
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.4
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    • pp.193-218
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    • 2004
  • Electronic records created by Korean Government Agencies in the course of their business activities have been increased rapidly since e-Government had been implemented. With more government business being, conducted electronically, the importance of managing electronic records effectively, appropriately, and trustily has never been greater. For managing electronic records accountably and trustily, it to necessary to develop relevant and detail electronic records management regulation. For that reason, this study is to analyze Korean Acts and Foreign(USA, UK, Canada Australia) Acts, Regulations, or Policies related to electronic records management and to suggest legislative requirements which could guide to develop regulation or Act of electronic records management.

A Study on Cruise Tourism Industry Policy in China (중국 크루즈관광 산업정책에 관한 연구)

  • Liu, Huanqing;Wang, Mingming
    • Asia-Pacific Journal of Business
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    • v.2 no.2
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    • pp.101-118
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    • 2011
  • The cruise tourism industry is viewed as a promising growth industry in the 21st century. But legislative framework to allow the cruise tourism industry to develop in China have not yet been fully prepared. Therefore, this study is intended to propose a industry policy for Chinese cruise tourism industry. The policies that Chinese central government implements that should drive growth for development of the cruise tourism industry are as follows: First, government must establish industry policy to slow cruise infrastructure construction. second, government must improve industry policy for attracting visits by cruise vessels. Third, the government must take steps to support cruise product development. Fourth, the government must take steps to support cruise business and social groups. Last, government must intensify the out abroad tourist screening system and cruise casino management.

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A Study on National Security Policy Platforms by South Korea's Ruling Parties During General and Presidential Elections (17대·18대 대선과 18대·19대·20대 총선에 나타난 새누리당의 외교안보통일 공약 분석 : 북핵, 남북관계 그리고 한미동맹 공약을 중심으로)

  • Choi, Jong Kun
    • Korean Journal of Legislative Studies
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    • v.22 no.2
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    • pp.53-75
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    • 2016
  • This article presents a descriptive analysis on national security policy platforms promoted by the ruling parties of South Korea during general and presidential elections. National security platforms made during the elections campaigns are a window that allows us to see how the ruling party perceives the threat environment, opportunity-structures, policy preferences and material capabilities faced by the state. South Korea presents a unique case since it faces constant military threats from North Korea and interacts with China and the United States. Therefore, the national security policy platforms, which are explicitly campaigned during the general and presidential elections, showcases the worldview of the ruling party. The study essentially focuses on three areas of the platforms - its threat perception on North Korea, the ROK-US alliance and the future vision for the Korean peninsula by covering two presidential elections and three general elections for the last 20 years.

Analysis of Policy Streams and Policy Narratives for Paradigm Change in Service Development Policy in Korea (서비스발전정책의 정책흐름 및 정책담화 분석과 서비스 패러다임으로의 변화)

  • Jeong, Kioh
    • Journal of Service Research and Studies
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    • v.7 no.1
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    • pp.1-14
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    • 2017
  • Despite that Korea has tried 50 years of service development policies, the result has been unsatisfactory. Borrowing the policy stream model of policy change and narrative policy framework one tried to explain the weaknesses of the policy process for the service development policies. Before 2000 lacking knowledge resulted in poor policy narratives while after 2000 despite sufficient knowledge base and well articulated narratives policy window would not open. Adversarial politics under conservative party caused the window to be closed. One suggests that paradigm shift in value and world view treats is necessary to overcome the policy failures in service development policy. According these analyses one expects a new initiative of policy narrative construction.

Usufruct Rights Conflicts during the Exploitation and Management of Forest Parks in China

  • Zhang, Hao;Park, Bong-Woo
    • Journal of Forest and Environmental Science
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    • v.25 no.3
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    • pp.139-146
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    • 2009
  • Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

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A Study on the Improvement for Problems of ICT-related laws system in Korea

  • Lee, Hie-Houn
    • International Journal of Advanced Culture Technology
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    • v.7 no.2
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    • pp.7-12
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    • 2019
  • Korea's laws regarding ICT must follow the Void for vagueness doctrine, the Principle of forbidden general delegation, the Principle of justification of system and the Principle of balancing test in the Constitution. The Act for the Promotion and Convergence and so on of Information and Communication in the Future should be improved as follows. It is desirable to improve the part where the principle of system justification of the Constitution is problematic in relation to existing laws. It is desirable to improve the ICT's policies on industry and convergence technologies so that they are well balanced between promotion and regulation of ICT's industries. It is desirable to improve the information service policy and legislative makeup relationship between various government agencies related to ICT. It is therefore desirable to improve the institutional complement to the post-regulatory framework for the protection of users of ICT in the future. It is desirable to create a device to replace the functions of the Information Service Budget Council in the special law of ICT.