• Title/Summary/Keyword: legal measures

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The Chosun Governor General Office's Administration regarding Official Documents (조선총독부 공문서(公文書) 제도 -기안(起案)에서 성책(成冊)까지의 과정을 중심으로-)

  • Lee, Seung-il
    • The Korean Journal of Archival Studies
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    • no.9
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    • pp.3-40
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    • 2004
  • In this article, the elements usually included in the official documents issued by the Chosun Governor General office, the process of a certain document being put together and legally authorized, and its path of circulation and preservation are all examined. In order to create an official document of the Governor General office with legal authorization, a draft of a bill had to go through several discussions and a subsequent agreement before it was finally approved. Personnels involved in the discussion stage had the authority to ask for modifications and retouching of the draft, and the modifying process were all recorded in order to make clear who was responsible for a certain change or who objected to what at any given stage of the process. The approved version of an official document was called the 'Completed one(成案), and it was issued after the contents were turned into a fair copy by the office that originated the draft in the first place. With the original finalized version left in custody of that office, the fair copy was handed over to the Document department which was responsible for issuing outgoing documents. After the document was issued and the contained orders were carried out, the originally involved offices began to classify the documents according to their own standards and measures for safekeeping, but it was the Document department that was mainly responsible for document preservation. The Document department classified the documents according to related offices, nature of the documents(편찬류별), and most suitable preservation methods(보존종별). The documents were made into books, and documents to be permanently destroyed were handed over to the Account office where they would be demolished. The manners of document processing of the Chosun Governor General office was in fact a modified version of the manners of the Japanese government. Modifications were made so that the process would be more suitable to the situations and environment of the Chosun society. The office's managing process was inherited by the Chosun government after the Liberation, and cast a significant impact upon the document managing manners of the Korean authorities. The official document administration of the Chosun Governor General office marked both the beginning of the colony document administration, and also the beginning of a modernized document managing system.

A Study on Management and Utilization of Non-disclosure Records (비공개 기록의 관리와 활용에 관한 연구)

  • Ahn, Ji-Hyun
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.135-178
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    • 2006
  • The response of public organizations on information offerings has affirmed that the arrangement of the management of records is an important project to be implemented ahead of the enforcement of the information disclosure system. In particular, the absence or non-disclosure of information of public organizations on records containing significant information and abuse of the secret disposition of information has demonstrated that it is imperative to improve radically the management of secret or non-disclosed records as well as overall changes of awareness. This study reviewed the reality of the current non-disclosure and management of confidential records based on the awareness on such records and proposed improvement measures. The study on non-disclosed and confidential records has been discussed from legal and administrative perspectives so that the main focus has been on the institutional aspect. Yet, there is a limitation on such discussions in that there cannot be fundamental access to issues of non-disclosed and confidential records. That is because the management of information classified as non-disclosed and confidential can be improved fundamentally when all processes from the production of the records to their management are carried out reasonably. Accordingly, since our record management system is divided into three phases of the disposition division, record center, and archives and takes a management record by being applied to the flow of the life cycle of records, we have reviewed overall issues from the production of non-disclosed and confidential records to the utilization of the records pursuant to these steps and offered directions for improvement.

A Study on the Problems and Improvement of Long-Term Care Insurance for the Elderly (노인장기요양보험제도의 문제점 및 개선방안에 관한 고찰)

  • Ahn, Myung-Sun;Park, Joo-Hyun
    • The Journal of the Korea Contents Association
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    • v.19 no.8
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    • pp.525-534
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    • 2019
  • Korea is facing one of the fastest aging population problems in the world due to the extension of life expectancy and low birth rates due to economic development and the development of health care. It has become difficult to take care of elderly people in need of long-term care at home, and social problems such as dementia and the increase in stroke cases are serious problems. The government is enacting and implementing the Long-Term Care Insurance Act for the purpose of improving the quality of life for senior citizens subject to long-term care and alleviating the burden of family support in order to solve such social structure and problems for senior citizens. However, as a result of the implementation of the long-term care insurance system for the elderly, the privatization of the facilities and the disorder are causing widespread requests for public accountability of the services and the enhancement of the quality of the facilities. In addition, various arrangements are needed for the production of low-wage medical care workers, tasks for quality improvement, problems regarding financing methods, and so on. In order to maintain and develop the long-term care insurance system for the elderly, the government will consider seeking ways to improve the legal and institutional aspects according to changes in the social environment of the age, as well as seeking mental and psychological measures for the stabilization of old life as well as physical health.

Militarization of Space and Arms Control

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.443-469
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    • 2018
  • In the sixty year since the first launch of Sputnik 1, it has become impossible to consider economic, political, or scientific human life in the communication field without reference to outer space. But, there is a growing groundswell of public opinion aimed at preventing arms race in space. Therefore it is necessary to establish some institution or mechanism such a code of conduct, international law. But every nation has a different posture on the grounds of national interest, or different levels of space development, the conditions required for the successful negotiation of a comprehensive treaty are not yet ripe. It is hoped that by beginning with soft measures (TCBM, Code of Conduct) for which it is easier to secure voluntary participation it may be possible to build up to a comprehensive treaty. The participation of the Space powers (US, Russia, China) in a dialogue of mutual exchange and shared information would contribute to international peace and give a long term benefit to humankind. It is also necessary to promote partnership through regional and bilateral cooperation. We should guide and shape opinion so that more nations ratify and sign existing international legal covenants in order to contribute to the efficency of Space law. International law needs to enforce PAROS and Space Security.

A Comparative Study on the Revised Bills of the Regulatory Freedom Special Districts Act (focused on the Revised Bills by Proposed Kim Kyung-soo, Jung Sung-ho, Choo Kyung-ho, Hong Il-pyo) (규제자유특구법 개정안의 비교 고찰 (김경수, 정성호, 추경호, 홍일표, 개정안을 중심으로))

  • Kang, Min-Su;Choi, Ho-Sung;Cho, Han-Jin
    • Journal of the Korea Convergence Society
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    • v.10 no.3
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    • pp.203-209
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    • 2019
  • Special Act on Regulatory Freedom Zone and Regional Special Development Zonet" introduced a new type of 'Freedom Special Zone of Regulation' that is legally distinguished from the existing Special Districts for Regional and Regional Development to support the innovative and strategic growth of the areas, and even passed a number of legal grounds for providing innovative regulations for regional development projects or regional strategic industries within the Special Districts. Starting with the bill legislation proposed by The Parliament Members, Kim Kyung-soo on behalf of 33 suggestors, Choo Kyung-ho, Jung Sung-ho and Hong Il-pyo submitted the bill legislation on behalf of 10 to 12 proposers, respectively. As a major matter of issue, the purpose, designation, scope of application, promotion system, application of A Bill of Three kind on Regulatory Innovation, and Balanced National Development, many kind of regulation as like types of menu, special cases, punitive regulations, and so on have been argued until the end of the bill proposed from the beginning. In this study, the differences between the bill suggested by the Parliament members and bill approved already are to be compared and analyzed to confirm how the items on issue were reflected for the bill finally and to draw up measures for the correct operation of the special regulations.

A Study on the Records Management for Evidence-Based Accountability of Corporations : Focusing on Sustainability Reports (기업의 증거기반 설명책임을 위한 기록관리 방안 '지속가능성보고서'를 중심으로)

  • Jung, Mi Ri;Yim, Jin-Hee
    • The Korean Journal of Archival Studies
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    • no.48
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    • pp.45-92
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    • 2016
  • Corporations report their economical, environmental, social influences and achievements through sustainability reports. Apart from the financial reports, which are subject to legal restrictions, sustainability reports inform non financial achievements of a corporation, thus the reliability of the information is solely dependent on the corporation itself. The current sustainability reports are of types that cannot include proof or source of the index data, thus they are tended to be regarded as means of publicity. The reliability of the reports is often questioned. This research applied the concept of Evidence-Based Accountability, which will allow the confirmation of accountability through records including contents and context of the tasks. Evidence-Based Accountability means producing and accumulating witness records of actions, then managing the records as usable information and use them as accountability information. Index data from sustainability reports of domestic corporations and web based reports of Vodafone was reviewed. Measures to link task records as proof of index data was studied. To make this possible, record production and acquisition system was redesigned in order to secure required records as evidence. Linked build-up of SR system and RMS was proposed. The proposed system will allow collection and management of records as SR accountability information, and provide the data when necessary. Also, corporate infrastructure was proposed. This infrastructure will build a professional records management system in stages, through organizational system and regulations. Cooperation of staff in this infrastructure will support reliable corporate accountability.

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.78-84
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    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

A Study on Collaborative Governance: Focusing on the Cultural Heritage Guardians (문화재지킴이 정책의 협력적 거버넌스 운영 체계 연구)

  • Jang, Youngki
    • Korean Journal of Heritage: History & Science
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    • v.54 no.1
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    • pp.184-205
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    • 2021
  • Governance is valued as a new concept and principle of social operation and public policy management, and its influence is gradually expanding. Among the various governance theories being put into practice and in case analysis studies, collaborative governance embracing various governance concepts has been found to increase interdependence and responsibility beyond participation and compromise, and create new public values by integrating and utilizing optimal social coordination forms. In the field of cultural assets, governance-related research is also being conducted for the efficiency, sustainability, and scalability of public policy enforcement. This study explored the government's role (promotion, arbitration, and condition creation) in collaborative governance, focusing on the "Cultural Heritage Guardians" to understand how collaborative governance operates in the cultural heritage sector. Regarding governance policies in the cultural asset sector, the cultural asset guardians highlighted the status, role, and characteristics of policies by examining their introduction, development, and implementation. The results of the analysis revealed that private-led, horizontal public-private cooperation, collaborative governance, policy introduction, solidarity, professionalism, resource/knowledge imbalance, cooperation precedence, etc., facilitate increased participation. The government has accordingly proposed measures to establish comprehensive legal stability centered on cooperation; strategic reorganization of dedicated organizations; strengthened, supportive intermediate organizations; and individual and multi-party consultative bodies.

A Study on the Improvement of Legislation on Management of Compound Coastal Disasters (해안가 복합재해 관리를 위한 법률 현황 및 개선방향)

  • Jang, Ahreum;Kim, Sunhwa;Lee, Moonsuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.7
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    • pp.845-857
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    • 2020
  • Compound coastal disasters are a type of natural disaster featuring both internal and external flooding due to rises in sea-level, torrential rains, typhoons, and tsunamis. The, incidence and scale of damage from such disasters is increasing. This aim of this study was to review the current laws and systems managing the phenomenon of the coastal complex disaster, and to derive recommendations for improvements to manage and prevent them. In this study, the Framework Act on the Management of Disasters and Safety, the Countermeasures against Natural Disasters Act, the National Land Planning and Utilization Act, the Coast Management Act, the River Act, and the Sewerage Act were reviewed, with focus on the district-zoning system designated by ministries for the management of natural disasters along the coast. Through a comparison of the purpose and nature of the laws, spatial scope, and management resources, it was judged that it would be desirable to comprehensively manage compound coastal disasters based on the Countermeasures Against Natural Disasters Act. In order to overcome the limitations of the current system and to derive specific measures to improve laws and systems, a questionnaire survey on detailed factors was conducted targeting experts in natural disaster management. The results indicated that it is necessary to improve the current system or introduce a new system for the management of coastal complex disasters, with integrated management of land and sea areas through the installation and operation of integrated decision-making governance by related ministries such as MOIS, MOLIT, MOF, and ME.

Study on Pattern of Civil Service Crimes and Control Plan : Focused on the Prosecutor's Office and High ranking Public Officials Crime Investigation Office (공무원 범죄의 유형과 통제방안 -검찰과 고위 공직자범죄수사처를 중심으로)

  • Kim, Taek
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.3
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    • pp.59-69
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    • 2021
  • The Moon Jae-in administration insisted on reforming the prosecution for the reform of power institutions, and also tried to control the power of the prosecution through the establishment of a high-ranking public officials criminal investigation office. Then, what is the direction of the legal prosecution reform? Above all, it is a logic to drastically reduce the power of the prosecution. How to shrink it? First, it is necessary to control or check the power of prosecution and investigation that the prosecution has. Second, the key to the reform of the prosecution is perhaps to separate personnel rights from power. In order to exclude external pressure from the prosecution's personnel rights, there must be no instruction or intervention from the attorney general. To do this, the prosecutor general must go through various personnel evaluations, such as multi-faceted evaluation. Third, the essence of the High-ranking Officials Criminal Investigations Act is to deal with crimes of prosecutors, judges, police, and members of the National Assembly. It is also the core of the institutional mechanism to cover the corruption of one's family members while holding all the right to investigate, prosecution, and warrant claims, and to check the omnipresent prosecutors who have abused their right to investigate for political purposes. Then, what is necessary for the success of the high-ranking officials criminal investigation office? Above all, We think political neutrality is very necessary. The Ministry of Airborne has a very high authority of the Director. This paper intends to examine the functions and roles of the prosecution and high-ranking officials criminal investigation offices to prevent corruption. We analyzed the contents of the prosecution and the public officials criminal investigation office, and examined the limitations and problems, and the measures to control corruption in public offices.