• Advances in environmental research
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• v.6 no.1
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• pp.25-33
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• 2017

This paper discussed plurality in urban governance in Nigeria and its implication on delivery of urban environmental services, with a focus on water supply, sanitation and solid waste disposal. Conceptually, it explained urban governance as the sum total of the ways of achieving an inclusive city and expressed the urban governance system of Nigeria based the legal framework set for them. The paper explored the environmental implications of urban governance in Nigeria. It concluded that urban governance has several implications on delivery of urban environmental services in Nigeria. The dualism in urban governance is a factor contributing towards inefficient delivery of environmental services such as water supply, sanitation and solid waste management in Nigeria. The paper recommended, among others, a constitutional reform that will guarantee efficient urban governance and delivery of environmental services in Nigeria.

• The Korean Journal of Archival Studies
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• no.18
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• pp.37-89
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• 2008

The record management system of the National Assembly was remarkably reformed as 'Record Management Act' was enacted in 1999. At first, the records of the National Assembly had been managed by the general services division, the proceeding division and the stenograph division. But as Record Management Act was enacted, the system was remarkably reformed. 'The National Assembly Archives' was set up for the first time since the National Assembly was established in 1948. In addition, the proceeding division and the stenograph division were set up as 'the National Assembly Record Management Rules' were laid down. In result, The National Assembly Archives took to comprehensively manage records that had been scattered over 'the National Assembly Secretariat', 'the National Assembly Library' and otherwise, and so it had been true to its name. The two changes, the enactment of Record Management Act and the reform of the National Assembly record management system, well show how national records are managed by constitutional institutions. 'Governmental Document Regulations' was enacted ahead of Record Management Act, but there was no obligation to apply it to the National Assembly. But Record Management Act, enacted in the form of 'a law' in 1999, began to be in force even in constitutional institutions and therefore the National Assembly felt the need to take follow-up measures so as to bring the act to effect smoothly. As a part of follow-up measures, the National Assembly set up The National Assembly Archives and reformed the National Assembly Record Management Rules. This study was performed to ascertain how Record Management Act affected the National Assembly, how the National Assembly coped with the act, and how the record management system of the National Assembly changed.

• Journal of Information Science Theory and Practice
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• v.9 no.1
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• pp.68-78
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• 2021

Political weblogs are as diverse as political viewpoints are. In the period of Prime Minister Yingluck Shinawatra, several political crises occurred, such as opposition to the Amnesty Act, the constitutional amendment, and the anti-government protests. Remarkably, during this time, social media were used as a platform for political expressions. This study employed a content analysis method to explore twenty-nine Thai political weblogs established during the period of Prime Minister Yingluck Shinawatra's administration. At the time, the most prominent Thai political weblogger was Nidhi Eawsriwong. Not surprisingly, the Pheu Thai Party and the Democrat Party were the most frequently appearing political parties in these weblog's posts. Most contents in these posts were related to government protesters by the People's Democratic Reform Committee (PDRC) and the coup d'état. The purposes of writing such weblogs were to express feelings and thoughts about Thai politics and to provide political information to the general public. The findings from this investigation revealed two significant uses of Thai political weblogs: the communication media for political expressions and viewpoints (a safe online space for political engagement and participation), and vital sources for Thai political information and news (social narratives).

• The Southeast Asian review
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• v.27 no.1
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• pp.1-52
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• 2017

This study aims to compare the state building process focusing on the founding presidents of South Korea, which was a colony of the defeated state of World War II and the Philippines, the colony of the victorious state. To this end, it compares the lives of the presidents, mainly the founding president of Korea Syngman Rhee and Manuel Quezon who led the autonomy of the Philippines and established the Commonwealth government, in the contexts of the state building process of the two countries. In each country, the leaders had to address the core tasks for founding the states in common. Firstly, after the independence or the acquisition of state autonomy, both countries adopted a constitution based on the presidential system with the strong authority of the presidents influenced by the United States. Secondly, the two countries after the independence were operated on the basis of anti-communism at the forefront of the Cold War. In addition, they also carried out land reform to bring the peasants into the system for supporting anti-communism. Lastly, the two countries also faced the same issues of liquidating the Japanese colonial legacies. Therefore the study examines the establishment of the constitution, settlement of anti-communism line, the land reform issues, and liquidation of Japanese colonialism or occupation in each country. The Philippines attained 'constitutional independence' in 1935 and experienced political development faster than any other post-colonial country in Asia. However, except for the establishment of the constitution, the early leaders were not able to address the principal issues for state building. As land reform failed, landowners became economically and politically dominant. The Philippines, where the modern citizen class has not arisen suffered from the political and economic recession. In Korea, despite the Korean War and division of the country, the founding president Syngman Rhee attempted to solve the tasks. As a result, he was able to lay the track of liberal democracy against communism and also settled Japanese colonial legacy as much as it was allowed. In particular, through land reform, he has laid the basis for the nation-state and economic development and has set up the girders of Korean economy by adopting the market economy system. Although there are merits and demerits, compared with the leaders of other countries especially with the Philippines, it is no doubt that Syngman Rhee has played an essential role in establishing the state as a founding president.

• Korean Journal of Construction Engineering and Management
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• v.17 no.1
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• pp.119-127
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• 2016

Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

• Journal of International Area Studies (JIAS)
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• v.22 no.1
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• pp.67-90
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• 2018

France has allowed a deprivation of nationality for terrorism since 1996 Law. After then, a series of law revision (1998, 2006 law and 2010, 2015-2015 reform tries) have not only linked an act of terror with nationality deprivation but also put the dual national and their deprivation at the centre of dispute. Both 2010 Immigration Law by Sarkozy and 2015-2016 constitutional amendment by Hollande had been not adopted but have combined immigrants and security issue together by firmly solidifying the relationship between dual national and terrorist. Especially in 2015-2016, the constitutional amendment that failed to be adopted has extended a state of emergency and left the nationality deprivation of dual national as controversial issue. After over 4 months of discussion, the amendment that contains a clause of a state of emergency and extension plan for nationality deprivation was abolished but the dual national issues which had been non-politicized has now become politicized, defined as security issues and finally securitized. It shows very two-stage process of securitization argued by Copenhagen school including Buzan. The importance of securitization notion by Copenhagen school lies on the fact that it scrutinizes the constructive elements of the process of securitization. The concept of securitization allows us to see the problem of the process that defines a non-politicized issue as security one by making it political matter. Applying this process of securitization into the controversy of nationality deprivation of dual nationals in France, we can find out the development of non-controversial and non-politicized dual national issues into social agenda by politicization through speech-act or announcement effect.

• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.71-78
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• 2002

For the first Maritime Accident Inquiry System in Korea, Central Marine Accidents Inquiry Committee were founded in Seoul and District Marine Accidents Inquiry Committee in Busan city In 1963 to determine the circumstances of the accidents and causes. At the present day, it was settled as Maritime Safety Tribunal tough several revision of the Law and regulations regarding the Maritime Accident Inquiry System. In Korea, there occurred about m cases of marine accident, and as a result, about 200 people were lost human lives in average per year. In accordance with the change of circumstances such as traffic increasing and being bigger in size, being faster in speed, etc., the causes of the marine accidents become complicated year by year. Accordingly, in this moment, it is meaningful that the introduction of the Research Official who assists the Judges probing the cases fair and square. In this Paper, with the consideration of the several kinds of Research Official System, such as the Research Official of the Korean Supreme Court, the Supreme Public Prosecutors' Office and the Constitutional Court, Japanese Supreme Court, Law Clerk in USA, etc., the selection, numbers, duty of the Research Official were studied. The results of the study are as follows; 1. The Research Official to be appointed among the person having long enough career as a Judge, Investigator engaged in the Maritime Safety Tribunal due to he sho띨d have capability to confirm perfectly logical judgement and to collect enough material for the conclusion of the causes of the case. The one who understands the foreign language is preferred for the study of the foreign cases; 2. It will be logical to post 3 joint Research Officials in Korea Maritime Safety Tribunal in Seoul after due consideration the cases treated a year; 3. It will be logical for the Research Official to perform the collection of material and inspection of the scene for the trial and inquiry of the cases, to attend the cases filed suit to the Supreme Court, to make commentarial papers regarding the judged cases, to collect statistics of marine accidents and to devise a reform measure through in-depth analysis of the accidents frequently occurred, to study for the improvement of the Maritime Accident Inquiry System;

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.99-137
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• 2018

Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

• Informatization Policy
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• v.29 no.2
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• pp.66-90
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• 2022

The radical digital transformation and development of the contactless digital economy in the wake of the COVID-19 pandemic are increasing the need to solve various problems such as conflicts of interest among market participants and delays in related laws and regulations. This study investigates the concept and characteristics of the contactless digital economy and identifies the related regulatory issues and resolutions through literature review, news article analysis, and expert interviews. From the literature review, it is identified that the contactless digital economy has eight hyper-innovation characteristics: hyper-intelligence, hyper-connectivity, hyper-convergence, hyper-personalization, hyper-automation, hyper-precision, hyper-diversity, and hyper-trust. From news article analyses and expert interviews, this study identifies various regulatory issues, such as competition between incumbents and new entrants, the collision of constitutional rights, collision of social values, conflict between market participants, absence of laws and regulations, and existence of excessive market power, and then proposes a series of resolutions.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.459-462
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• 2021

The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.