• Journal of Korean Physical Therapy Science
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• v.7 no.2
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• pp.407-414
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• 2000

The constitutional court decide a negative expression in their judgement. It is a dismissal. In the dismissal, they suggest that the legislative body can resolve it and Parliament can an enactment or not for the physical therapist. Therefore, dismissal of constitutional court is not only dismissal but also it is a suggestion for legislation. Another suggestion of the constitutional court that study about curriculums of physical therapy department, duration of education, relation of between medical doctor and physical therapist, work contents of physical therapy and effect on national health.

• Journal of the Korean Society for Library and Information Science
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• v.52 no.4
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• pp.111-135
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• 2018

A vision and a medium-to-long-term master plan are key factors for the Constitutional Court Library to improve users' access to legal information and provide better legal information services as the leading public law library in Korea in 2019. For this point, it is a priority task to set a vision and goals and to identify the core values of Constitutional Court Library. In this study, the four core values of the Constitutional Court Library identified through the analysis of the library's internal and external environment, the analysis of the core values of similar institutions. The four core values derived from the study are Expertise, Communication & Universality, Cooperation, and Innovation, and when these values are reflected in library operation, system and policy, the Constitutional Court Library is expected to further solidify its position as the nation's top law library.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• 한국사회정책
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• v.25 no.2
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• pp.165-189
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• 2018

Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• Korean journal of communication and information
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• v.55
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• pp.5-32
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• 2011

This paper is a comparative analysis of constitutional decisions in which the Korea Consitutional Court and the United States Supreme Court applied the void for vagueness doctrine into free expression issues. Common aspects are: both courts applied the void for vagueness doctrine on the grounds that vague laws bring chilling effect on freedom of expression. Acknowledging inevitable uncertainties in lawmaking and legal jargons, however, both courts required minimum standards in the void for vagueness doctrine. In the cases where unclear legal meanings resulted in constitutional challenges, both courts adopted the "narrowing construction" by the courts or judges based on average/ordinary person's understanding. The biggest differences between the two constitutional courts are their approach to the degrees of vagueness allowed in free expression cases. The U.S. Supreme Court underscored the necessity of narrowly drawn, reasonable and definite standards. Meanwhile, the Korea Constitutional Court relaxed its standards in some cases such as the National Security Law cases, even though it admitted the possibility of curtailing the right to free expression. The Court reasoned that those laws, though vague, brought with bigger social interests and are necessary tools in dealing with changing world.

• The Southeast Asian review
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• v.23 no.1
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• pp.45-87
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• 2013

This paper aims to study Thai democratic deepening and the constitutional engineering with the analytical concepts of 'power sharing' and 'accountability' focusing on the 1997 and 2007 Constitution. With regard to power sharing, the 1997 Constitution had the characteristics of majoritarian principle including a two-party system, strengthening of prime minister and the executive's power etc. It enhanced significantly the aspects of accountability compared with the previous constitutions. The institutions such as Constitutional Court, Commission on Election, Administration Court, Commission on Human Right, Ombudsman, Commission on Anti-corruption, and the Measure for Anti-money Laundering were established by the 1997 Constitution. However, such empowered accountability system were often abused by the political power groups in the political process. The 2007 Constitution has the characteristics of consensual principle including a multiparty system, proportional representation system, weakened prime minister's power, balancing of cabinet and parliament's power, pushing ahead with decentralization. However, the consensual principle of the 2007 Constitution came, in part, from the factional interests. It is similar to the 1997 Constitution in terms of accountability system, which enhanced in law but abused often in practice. One of the critical reasons for the failure of the 1997 and 2007 constitutions to consolidate democratic system was the political game played around the so-called network for the monarchy composed by the military, the civilian bureaucracy, Constitutional Court and the privileged classes. The future of the Thai democratic deepening depends on the constitutional engineering in which the factional interests should be excluded, and the rules of power sharing and accountability which traditionally played around the network for the monarchy should be effectively institutionalized.

• The Korean Journal of Archival Studies
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• no.38
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• pp.75-124
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• 2013

This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

• Convergence Security Journal
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• v.17 no.4
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• pp.39-47
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• 2017

In the Republic of Korea, punishment of conscientious objectors is rising as a social issue once again. Large number of news articles on the punishment of conscientious objectors are updated on portal sites several times a day. The background for this phenomena is based on the disagreement between the Supreme Court and the Constitutional Court. The Constitutional Court has ruled that it is constitutional for the government to punish conscientious objectors who denied their service for religious belief according to the Clause 1 of the Article 88 of the Military Service Law. However, district courts have taken different stance in the lower instance. 6 rulings in 2015, 7 rulings in 2016, and 16 rulings in the first half of 2017 has declared the conscientious objectors as not guilty. At the same time, the issue is becoming more controversial as the Jeju District Court has made two different rulings on the punishment of conscientious objectors who denied their military service for religious belief. Therefore, the study aims to find out whether conscientious objection can be included as a reasonable cause under the Clause 1 of the Article 88 of the Military Service Law, and take thorough review on the interpretation and the application of Article 18 of the Human Rights Covenant by examining the rulings at the Supreme Court, Constitutional Court, and District Courts.

• The Journal of the Korean dental association
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• v.55 no.1
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• pp.53-62
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• 2017

As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.