• Journal of North-East Asian Cultures
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• v.19
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• pp.23-48
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• 2009

Duan Fang's doctrine of constitutional monarchy went forward from monarchy to constitutional government based on that an establishment of constitution political structure is superior to a arbitrary rule political structure. And Duan Fang's doctrine featured limitation of monarch's authority protection of subjects' rights. He thought constitution government should be based on the establishment of constitution preparation. He believed that China need to take merit equally in the process of establishment of constitution preparation. In spite of this flexible recognition, there was not enough consideration about an ideological, social and economical basis that can make possible constitutional government operation. He had understood constitutional government system from angle of monarch's safety and the wealth and power of nation. The view was that a responsible Cabinet was for monarch's safety and the nation assembly judicature local autonomous is a system for safety of nation showed us. In his opinion, neither main task of congress is legislation, cabinet nor is the high ranking executive agency, however, he expected to constitutionalism system to become a buffing role instead of monarch. A little pure and simple thinking that open nation assembly and execute constitutional monarchy could make China powerful and wealthy might reflected urgent situation at that time.

• International Journal of Advanced Culture Technology
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• v.11 no.3
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• pp.51-58
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• 2023

Through this incident, it reminds me of the idea that personnel appointments are everything once again. Public officials should try to be good at ethics and conduct. If a public official fails to fulfill his or her role as a public official, how can the public trust him or her? You should know that the country does not exist under that official. Looking back on the constitutional history after liberation, it is undeniable that the collusion between politicians and businessmen shocked the people with many suspicions and distrust, and the various irregularities they caused disrupted healthy democracy and the national economic order. In this respect, this paper focuses on Korean political reform measures, but also examines ways to improve public officials' ethics. This paper focuses on that political reform should move in the direction of revitalizing the function of the National Assembly and allowing autonomous and independent parliamentary activities. Parliamentary activities should not be too dampened, and it should not end in a brief promotion in consideration of election votes. The ruling and opposition parties should seriously consider and implement this political reform plan. As one of the people, I hope that this privilege reform plan can be a touchstone for the advancement of political culture. This paper was studied as follows. First, the purpose and justification of political reform were identified. Second, it emphasized the need to improve public service ethics. Third, the problems and improvement measures of political reform were considered.

• Analyses & Alternatives
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• v.2 no.1
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• pp.71-106
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• 2018

The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

• Convergence Security Journal
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• v.18 no.2
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• pp.113-121
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• 2018

The The ROK military announced a reform proposal for the National Defense Reform 2.0 in 2018 in order to substantially guarantee the constitutional rights and human rights of the soldiers and to meet the demands of the military judicial reform. In order to establish a fair and independent military judicial system through such reforms, the Supreme Military Court was abolished to eradicate the controversy in the army and to abolish the system of the judges' And professionalism is systematically ensured so that judges can be judged only by law and conscience. This military reform proposal is so dramatic that it has a vocal voice of opposition, but the military should no longer be an exception to democracy and should try not to get caught in the stigma of human rights blindness.

• Informatization Policy
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• v.22 no.3
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• pp.47-60
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• 2015

This study observes the fact that there exist restrictions due to the election-law-based regulations on web campaigns in Korea although web campaigns are widely spreading around the globe, and aims to analyze this aspect from the political context. As a result of the research, first, this study found out that Article 93, Clause 1 of the makes it possible to do permanent web campaigns on the strength of the Constitutional Court's decision of limited unconstitutionality, whereas Article 59 and 254 of the same Law(Election Campaign Offence) differ from the above Article 93, Clause 1; thus, it is necessary to revise the relevant law. Second, as for the request for taking measures for the depletion of ISP, etc., it is necessary to reform the provisions of the and together. These provisions are excessive regulations of the on ISP, also having the possibility of dual punishment. Third, there is also the need to amend Clause 6 of Article 82 (Real Name Confirmation of the Message Board, and chat room of Internet Media) of the from a long term perspective. It is because this Clause also has much room for restrictions of the freedom of expression in the long term despite the Constitutional Court's decision of its constitutionality in July, 2015. Lastly, this study is to reinterpret why it is difficult to revise the from the two sorts of political contexts and to propose the ' Reform Multiple Governance' as the revision method for web campaign revitalization.

• The Southeast Asian review
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• v.23 no.1
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• pp.1-44
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• 2013

This study examined the constitutional engineering of the Philippine democracy in terms of power sharing and accountability, and the effectiveness and stability of the Philippine democracy as a result were assessed. Based on the analysis, the nature of the present Philippine democratic system since 1986 was brought to light. This study argues that the system of power sharing between the President and the congress in the Philippines tends to serve for negotiating political interests among the power elites rather than functioning in a constructive way. And the public accountability system is not functioning as it was designed to do. Due to the defects the Philippine democracy continuously suffers the lack of political effectiveness and stability. Despite of the problem, the reason not to break down the system would be the fact that the system served for the oligarchic power elites to circulate and recreate the political power exclusively. The direction of the Philippine constitutional engineering should be weakening the present traditional elite dominated political system, and strengthening the chances of political participation from the various classes. Some concerned people suggested the constitutional change to parliamentary system in order to strengthening party politics, and federal system to cope with the problems of regional conflicts, but such efforts failed repeatedly due to the conflict of political interests. Considering the present circumstance, it would be advisable to reform political party law and election system in the direction of strengthening political party system, and to expand the scope of local government system in the direction of devolving the centralized political power.

• The Southeast Asian review
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• v.28 no.2
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• pp.85-117
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• 2018

This paper discusses the development of labor law in Indonesia after the 1998 reformasi. The end of the authoritarian regime and the subsequent introduction of democratic institutions in the country have opened up new spaces to restructure labor relations. The government promulgated a set of new labor laws that has brought tremendous changes to the employment system and the system of labor disputes settlement. In the face of the challenges these changes have created, labor unions are using alternative means to defend their members' interests. This paper shows how labor law reform has set a new social contract between the government, employer associations, and the labor movement.

• 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).

• Korean Journal of Legislative Studies
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• v.23 no.2
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• pp.5-36
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• 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.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.275-302
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• 2013

The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.