• Title/Summary/Keyword: law reform

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The Strategy of Russia's Political Elites to Maintain Dominance Through the Overhaul of Electoral System (선거제도 개편을 통한 러시아 정치 엘리트의 지배력 유지 전략)

  • Siheon Kim;Seho Jang
    • Analyses & Alternatives
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    • v.7 no.1
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    • pp.7-43
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    • 2023
  • This study examines and identified a series of strategies of Russia's political elites to maintain and strengthen their dominance by reviewing the case of revisions in the election laws of Russia in 2014. At that time, a mixed-member electoral system was newly introduced, and on the surface, it seemed that the new system was a step toward meeting the demands of the people for "enhanced democracy". However, in 2016 and 2021, the ruling party of Russia won the general elections by making the most of the factors that could distort the election results inherent in the mixed-member electoral system. Therefore, this study aimed to analyze whether the revision of election laws was a mere vehicle used by the ruling party, United Russia, to maintain its political power, or whether it was a leap forward to achieve democracy. The study result indicate that the revision of election laws in 2014 was part of the policy responses to the internal conflicts in the circle of Russia's political elites, which had been rising since 2008, as well as to the public resistance. In other words, it was confirmed that the revision of election laws was one of the measures taken to "minimize competition" and "reproduce political power on a stable basis".

The Current State and Legal Issues of Online Crimes Related to Children and Adolescents

  • Hyoung-ryul Kim
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.34 no.4
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    • pp.222-228
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    • 2023
  • There are two categories of online crimes related to children and adolescents: those committed by adolescents and those committed against children and adolescents. While recent trends in criminal law show consensus on strengthening punishment in cases of crimes against children and adolescents, there are mixed stances in cases of juvenile delinquency. One perspective emphasizes strict punishment, whereas the other emphasizes dispositions aligned with human rights. While various forms of online crime share the commonality in that the main part of the criminal act occurs online, they can be categorized into three types: those seeking financial gain, those driven by sexual motives, and those engaged in bullying. Among these, crimes driven by sexual motives are the most serious. Second-hand trading fraud and conditional (sexual) meeting fraud fall under the category of seeking financial gain and occur frequently. Crimes driven by sexual motives include obscenity via telecommunication, filming with discrete cameras, child and adolescent sexual exploitation material, fake video distribution, and blackmail/coercion using intimate images/videos ("sextortion"). These crimes lead to various legal issues such as whether to view vulgar acronyms or body cams that teenagers frequently use as simple subcultures or crimes, what criteria should be applied to judge whether a recorded material induces sexual desire or shame, and at what stage sexual grooming becomes punishable. For example, sniping posts, KakaoTalk prisons, and chat room explosions are tricky issues, as they may or may not be punished depending on the case. Particular caution should be exercised against the indiscriminate application of a strict punishment-oriented approach to the juvenile justice system, which is being discussed in relation to online sexual offenses. In the punishment case of online crime, juvenile offenders with a high potential for future improvement and reform must be treated with special consideration.

Information System for Architectural Rock & Aggregate in Major Countries and It's Implication (석재·골재 자원정보관리의 해외 사례와 시사점)

  • Deahyung Kim;Yujeong Kim;Yong-Kun Choi
    • Economic and Environmental Geology
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    • v.57 no.2
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    • pp.119-128
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    • 2024
  • In Australia & Canada, architectural rock and aggregate are one of the mineral resources, and related data and information provided integrated with them. In these countries, the provided data and information, through the information system of local government and national geological survey organizations, are interactive maps, geological and thematic maps, exploration data set, 3 dimension geological models, minning rights status, survey reports and related papers etc. However, in case of Korea, aggregate and architectural rock are not assigned as the kind of mineral resources in accordance to domestic mining law, and related geological data and information are not provided from comprehensive mineral information system established in public geoscience organizations. And the administrative and informative management are conducted separately through the different governmental organizations such as Ministry of construction, Korea forest service, geoscience institute & Korea Mine & Reclamation Corporation. For securing the supply of architectural rock and aggregate resources, and for the convenience of their development & utilization, the unified information system and governance reform for the related industry is needed.

A Study on the independence of local government in Korea (지방의회 인사권 독립에 관한 연구: 헌재 지방자치법 제91조 제2항 위헌소원 결정을 중심으로)

  • Lee, Sanggab
    • Korea and Global Affairs
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    • v.2 no.2
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    • pp.5-40
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    • 2018
  • The history of decentralization and autonomy is the result of the struggle for democracy against the authoritarian central government. Before the imminent law amendment, there are many tasks for decentralization and citizen autonomy. Therefore, decentralization and autonomy are not given on their own but they must be taken from authoritarian and centralist power group which possesses exclusive interests. The decentralization and autonomy now enters into the stage of development. In 1960, the April 19 Revolution opened the era of democratic local autonomy and it was abolished by the military coup of May 16, Now, the era of the reform of the decentralization are coming. Decentralization and autonomy will evolve from the stage of quantitative expansion to the stage of qualitative leap. This paper proposes that the revision of decentralization be the strategic maximum, and that the independence of the local government personnel rights be the tactical minimum. This paper insists that the independence of personnel right in the local government can be a link with law amendment for decentralization. Local autonomy and decentralization are the main subjects of the amendment. Above all, clarifying this is the subject and method of this study, and the scope of the study.

The Investigation and Analysis of Field Condition on Flood Protection Equipment of Transformer Vault in Flood Area (침수지역에서 수·변전설비 침수방지시설에 관한 현장실태 조사 및분석)

  • Kim Gi-Hyun;Kim Chong-Min;Kim Sun-Gu;Hwang Kwang-Su
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.19 no.4
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    • pp.85-90
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    • 2005
  • Inundation of Transformer Vault breaks out every summer season in low-tying downtown and low-tying shore by localized heavy rain, typhoon and tidal wave. In case inundation of Transformer Vault, it occurs a great economic loss owing to recovery time and events of electric shock occur by inundation electrical facility. So we need installation plan of Transformer Vault in common flood area for preventing from economic loss and equipment events. Therefore we research distribution of 22.9[kV] Transformer Vault in common flood of the country and analyze field condition about flood protection plan. And we analyze regulation or law relating to the flood protection counterplan of US, England, Australia. This paper will be used to present a reform proposal of electrical related law about flood protection of existing Transformer Vault. Also we present considering facts at the time Transformer Vault installation in common flood area.

Some Developments at the Thirty-Fourth Session of the UNCITRAL Working Group II(Arbitration and Conciliation) (UNCITRAL 제2 실무작업반의 제34차 회의 동향)

  • 강병근
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.181-215
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    • 2001
  • The thirty-fourth session of UNCITRAL Working Group on Arbitration was held in New York. Among the topics discussed at the session, many delegations agreed to reform the article 7 of the UNCITRAL Model Law on International Commercial Arbitration in light of the development of electronic commerce. As for the article 2(2) of the New York Convention, it was agreed to reflect the changes of the article 7 not in the form of a treaty amendment but in the form of an interpretative statement. The topic as to provisional measures has been found so difficult to reach an agreement that most of its texts submitted by the secretariat were left untouched for the lack of time. However, most provisions of the legislative texts on conciliation were dealt with by delegations. The next session is to be held in Vienna. While the Korean Arbitration Act of 1966 was fully amended in 1999, it seems interesting to look at the development in which the arbitration community of the world has already begun discussing the new dimension of the law and practice of international commercial arbitration. It may be considered early to start a new project of reforming the Korean Arbitration Act at this time when only three years passed after it was fully amended. It is, however, worthwhile to remember that some progressive efforts were aborted in amending the Arbitration Act of 1966. One of them is about the same issue on the insertion of some provisions on the enforcement of interim measures of protection to which the priority is given by the Working Group. It seems fair to say that it would not be dangerous to follow the developments and to adapt ourselves to such trends shown in the session. In Korea, the words “arbitration” and “conciliation” are misleadingly interchanged although these two words should be differentiated from each other in the sense of third-party binding decision. It is self-evident from the Korean Arbitration Act and judicial decisions that arbitral awards bind the disputing parties and are to be treated as final judgements by the competent courts. It is, however, not uncommon to find that the word “arbitration” is misinterpreted as having the same meaning of the word “conciliation”. One of the reasons for the confusion is that many legislations in Korea provide for conciliation as having the meaning of arbitration and vice versa. It may be probable that the proposed legislative texts on conciliation could be a kind of useful method to prevent such confusion from being uncontrollable. It is, therefore, necessary that the legislative texts should be introduced into Korea as a legislation on conciliation.

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Effects of Iranian Economic Reforms on Equity in Social and Healthcare Financing: A Segmented Regression Analysis

  • Zandian, Hamed;Takian, Amirhossein;Rashidian, Arash;Bayati, Mohsen;Moghadam, Telma Zahirian;Rezaei, Satar;Olyaeemanesh, Alireza
    • Journal of Preventive Medicine and Public Health
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    • v.51 no.2
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    • pp.83-91
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    • 2018
  • Objectives: One of the main objectives of the Targeted Subsidies Law (TSL) in Iran was to improve equity in healthcare financing. This study aimed at measuring the effects of the TSL, which was implemented in Iran in 2010, on equity in healthcare financing. Methods: Segmented regression analysis was applied to assess the effects of TSL implementation on the Gini and Kakwani indices of outcome variables in Iranian households. Data for the years 1977-2014 were retrieved from formal databases. Changes in the levels and trends of the outcome variables before and after TSL implementation were assessed using Stata version 13. Results: In the 33 years before the implementation of the TSL, the Gini index decreased from 0.401 to 0.381. The Gini index and its intercept significantly decreased to 0.362 (p<0.001) 5 years after the implementation of the TSL. There was no statistically significant change in the gross domestic product or inflation rate after TSL implementation. The Kakwani index significantly increased from -0.020 to 0.007 (p<0.001) before the implementation of the TSL, while we observed no statistically significant change (p=0.81) in the Kakwani index after TSL implementation. Conclusions: The TSL reform, which was introduced as part of an economic development plan in Iran in 2010, led to a significant reduction in households' income inequality. However, the TSL did not significantly affect equity in healthcare financing. Hence, while measuring the long-term impact of TSL is paramount, healthcare decision-makers need to consider the efficacy of the TSL in order to develop plans for achieving the desired equity in healthcare financing.

Historical Review for the Government Contractor Defense (Government Contractor Defense(정부계약자항변)에 대한 연혁적 고찰)

  • Shin, Sung-hwan
    • Journal of Advanced Navigation Technology
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    • v.21 no.3
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    • pp.230-242
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    • 2017
  • A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

The polarization of labour market and social integration - social integrative law & institutions and labour market policy (노동시장양극화와 사회통합방안 - 사회통합적 법·제도와 노동시장정책을 중심으로)

  • Lee, Ho-Geun
    • 한국사회정책
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    • v.20 no.2
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    • pp.261-304
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    • 2013
  • This article is aiming intensively to analyze the polarizing tendency of labour market and social integration. The polarization of labour market is being regarded as one of the hottest issues not less important than those problems of economic growth, employment, income distribution and national security etc. in the national policy. In this article, we will first follow up the important phenomena of labour market polarization and the background as well as its consequence. Especially, it asks if the present labour policy in the new government which is now being concentrated on the improvement of employment rate(from the present 63% to the 70% in the future) could deserve to diminish the polarization of labour market in korea. At one side, this article makes the special attention on the diversifying tendency of labour market and the various phenomena of fragmentation and segmentation in the labour market according to the forms and types of employment and according to the employee's status as much as the company's size. At the other side, it emphasizes that to overcome the polarization of labour market should require the wide reform from the legal measure to the improvement of the wage system, and the qualification system and the social investment as well as the human resource development. Furthermore, this article stresses the importance of integrative approach between the active market policy and the social policy instead of choosing each policy option, seperatively.

Berufsverbot als eine Sicherungsmaßregel in Deutschland (보안처분으로서 독일의 직업금지명령 - 의사의 범죄에 대한 대응을 중심으로 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.27-55
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    • 2021
  • Bisher wurde kein Beruf zwischen Recht und Berufsethik so diskutiert wie Ärzte. Diskussionen über die Qualifikation(od. Approbation) von Ärzten sind nicht nur eine Frage Koreas, sondern in den meisten zivilisierten Ländern ein wichtiges Diskussionsthema, wenn ein Arzt insbesondere für eine Straftat bestraft wird. Vor kurzem hat sich die koreanische Ärztekammer (the Korean Medical Association) weitgehend gegen das, "Entwurf eines Gesetzes zur Reform des Medizingesetzes" stark ausgesprochen, das die Grunde für den Entzug einer Approbation für ein Verbrechen eines Arztes erweitert. Vor allem wird auf die Gefahr hingewiesen, eine Approbation für Straftaten zu entziehen, die nicht mit beruflichen Pflichten zusammenhängen. Es ist jedoch vernünftig, den Beruf bzw. das Gewerbe zu verbieten, wenn ein Fachmann unter Missbrauch seines Beruf oder grober Pflichtverletzung die Tat begangen hat und die Gefahr bestehet, dass er bei weiterer Ausübung seines Berufs erhebliche rechtswidrige Taten der bezeichneten Art begangen wird. Die Untersagung der Berufsausübung soll die Allgemeinheit gegen die spezifischen Gefahren schützen, die mit der Ausübung eines Berufs oder Gewebes verbunden sind. Da das Berufsverbot nur die Berufsausübung untersagt, die Approbation selbst aber bestehen lässt, kann die Approbationsbehörde in eigener Entscheidungskompetenz die Approbation zurücknehmen, wiederrufen, oder in Ruhen anordnen. Entsprechend dem Verhätnismäßigkeitsgrundsatz ist aber auch das Berufsverbot auf bestimmte Tätigkeiten im Bereich des Berufs zu beschränken, wenn dies zur Erreichung des Maßregelzwecks, dem schutz der Allgemeinheit, ausreichend ist. In diesem Beitrag wurden die Voraussetzunen des Berufsverbots und die tatsächlich an Ärzte bzw. medizinische Personal gerichteten Fälle untersucht.