• Title/Summary/Keyword: constitutional review

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A Comparative Study on the Principal Tasks for State Building and the Presidents of Korea and the Philippines: Syngman Rhee with Manuel Quezon and others (한국과 필리핀 건국의 핵심 과제와 대통령(들) 비교: 이승만 대 케손 등)

  • LEW, Seok Choon;CHO, Jung Ki
    • 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.

A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.