• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• The Journal of the Korea Contents Association
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• v.14 no.1
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• pp.189-199
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• 2014

This study analyze 42ordinance of a local government for the improvement labor conditions and position of social worker. That way suggest developmental direction of ordinance enactment. The results are as follows. First, there are purpose, subject of application, duty of local government president, condition study, establishment of support plan, improvement labor conditions. But, there are not committee for labor conditions improvement, prize in many ordinance. Second, standard of wage is not, it has to suggesting by the wage standard of social welfare official in local government or Ministry of Health and Welfare. Third, condition study's period and support organization for social worker's labor condition improvement are not clear. Therefore, we must suggest the condition study's period of social worker, and make the support organization for condition improvement.