• Journal of Digital Convergence
• /
• v.12 no.1
• /
• pp.71-80
• /
• 2014

This study focus on the legislative conflict for Se-Jong City In case of this paper, the law of administration agency centered is based on the conflict of legislative conflict present government at that time suggested the amendment of that legal status because of so many inefficiency and negative effects regardless of opponent asserts. Here there were a deep various political interests fundamentally both of sides. Legislative conflict here affects the regional conflict among the benefits and indirect benefits or nothing in any area. As the result, political interest deeply which was connected in politics influenced the big national issues, not to amend as a result government failure will be come.

• Korean Journal of Legislative Studies
• /
• v.22 no.2
• /
• pp.77-112
• /
• 2016

Given the few studies on the responsibilities of assembly, government, and president for social conflicts, this study analyzes the influence of conflict causes upon that responsibilities. First, the need for the mediation mechanisms for dealing with social conflicts and the level of labor-management conflict are positively associated with the responsibilities of assembly, government, and president. Second, the levels of conflict between social strata and ideological conflict are positively related with the responsibility of assembly or president. Third, interdependence and mutual understanding between stakeholder, among independent variables, are positively associated with the responsibilities of assembly and president. Finally, all of the levels of conflict types, except the level of ideological conflict, moderate the effects of conflict causes on the responsibilities of assembly, government, and president. These results reflect the importance of managerial and institutional approaches to the conflict resolution focused on conflict causes and types.

• Korean Journal of Legislative Studies
• /
• v.25 no.1
• /
• pp.45-78
• /
• 2019

This study examines the relationship between individuals' perceptions on party conflict and affective polarization. It pays particular attention to party identification as a moderating variable. Using a survey conducted in the context of the 2014 Korean local election, the present study hypothesizes that perceiving serious inter-party conflict in the political arena is likely to increase negative feelings toward out-group political party among partisans only. Not only do the results confirm our hypothesis but suggest that conflict perception leads to affective polarization among partisan voters. This paper contributes to our understanding of the mechanism that links the attribution of blame to out-group political party for legislative gridlock with ever-growing affective polarization of the electorate.

• Journal of Forest and Environmental Science
• /
• v.25 no.3
• /
• pp.139-146
• /
• 2009

Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

• Journal of Legislation Research
• /
• no.44
• /
• pp.801-828
• /
• 2013

This essay provides a legislative perspective on conflict-of-laws issues in the area of antitrust law. A consistent focus on the affected market question of applicable law is possible and yields content and acceptable results. The law applicable to damages claims should follow the law applicable to the antitrust relation itself. It is problematic, however, where more than one market is affected. In my view, the European perspective provides one general lesson for us. We are not yet prepared to accept american-style of class action in the field of antitrust law, at least until the european have made their legislative decision. Nevertheless we should make our antitrust system more effective, so that it would have strong deterrence to anti-competitive conducts. In this paper I present a proposal for adoption of a international conflict of law instrument, possibly a regulation, on damages actions for breach of art. 32 Korean Anti-trust Law.

• Analyses & Alternatives
• /
• v.8 no.1
• /
• pp.137-167
• /
• 2024

This study sought to explain the reasons why the civic education bill failed to be enacted as many as 13 times. What we discovered as a result of our research is, first, the absence of a legislative strategy by the minority member of the national assembly on this bills. The Citizenship Education Bill was a controversial bill with great potential for ideological conflict, and after the 19th National Assembly, this bill was promoted by a minority of a specific political party. The Democratic Party's sponsoring lawmakers did not use active legislative strategies, such as exerting influence within the party to have these bills adopted as the party's platform, or developing them into major pledges for the general and presidential elections. Second, there is a consistent passive response from civic groups as well as lawmakers who signed the bill in an unfavorable public opinion environment. During the legislative process, opposing opinions were overwhelming, including concerns about the spread of leftist ideology, waste of budget and organization, and violation of neutrality and fairness in education. In addition, the passive attitude of field teachers and civic groups, who should be in charge of civic education, also served as a background for the legislative failure. Third, due to a lack of sharing of reliable information on recent theoretical research and global policy trends among stakeholders, legislation through an agreement between the ruling and opposition parties failed.

• Journal of Environmental Policy
• /
• v.10 no.2
• /
• pp.3-19
• /
• 2011

Nagoya Protocol designed to establish criteria about material trade of biological genetic resources(ABS) was adopted in the 10th conference of the Parties to the Convention on Biological Diversity. In the course of the negotiation for adoption of the protocol, there was conflict between developed and developing countries, resource-rich and poor countries, and multinational corporations and environmentalists. This study investigates conflict process, subjects, issues and major factors in the negotiation case, and analyzes the negotiation by using the Conflict Management Process. To develope conflict management strategies for various conflict cases, we examine previous studies and analyze the intersectional conflict factors of this case and general cases, such as Fundamental side, Resource-allocation side, and Communication/Information-sharing side. These analyses of conflict prevention/resolution of the ABS negotiation show the importance of building mutual trust among stakeholders, enhancing mediator training, and constructing appropriate legislative/policy systems for successful conflict management.

• Convergence Security Journal
• /
• v.12 no.2
• /
• pp.71-86
• /
• 2012

In the twenty-first century, it tends to deepen rich-poor gap and differences related to geographic location because of characteristic of polarization and diversification. Various social conflict that appear in the twenty-first century preclude independent effort and active of police from responding various public order problem of community The most important thing is widespread participation and cooperation of inhabitant and community in order to cope with various social change like localization, decentralization and democratization. Above all things, as human rights guardian in order to gain nation's trust, the police should induce dynamic change to desirable police which is wanted by nation in the organization. To achieve this, the police must overcome many negative customs and obstacles remaining organization despite endeavor of the police. In this manuscript, for this discussion, we search simply historical process of development, seek conception of the disadvantaged in regard to police duty, analyse the reality of human rights violation of the disadvantaged in execution of police duty through statistics and case study, find the problem and seek proper solution through improvement of the police legislative system.

• Journal of Arbitration Studies
• /
• v.20 no.3
• /
• pp.25-46
• /
• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

• Korean Journal of Legislative Studies
• /
• v.23 no.1
• /
• pp.113-149
• /
• 2017

This study aims to identify the micro-level, social psychological foundation of regionalism and analyze its change and continuity by comparing 1988, 2003, and 2016 survey results. Drawing on the theory of prejudice and social identity, it clarifies the concept of regionalism and examines its affective, behavioral, cognitive implications. In the empirical analysis, where it takes advantage of relevant questions of the same or similar wording in three nationally representative surveys, the study identifies the changes in regionalism at the individual level focusing on anti-Honam prejudice and discrimination and attribution of regional conflict. First, anti-Honam prejudice has been in decline nationally as well as regardless of where one has grown up, except for Daegu/Kyungpook area. Second, anti-Honam prejudice has been weakened among younger generations while regional party identification now affects the sentiment in the direction of regional cleavage overlapped with ideological leanings. Third, while most respondents do not experience explicit discrimination, Honam natives are still more likely to experience discrimination, especially identity and self-esteem related, due to his or her home town. Fourth, Honam natives have been more likely to attribute regional conflict to an external, structural factor like government economic policy and less likely to a subjective one like regional sentiment, which seems to be consistent with attributional attitudes of the victims of prejudice. The study ends with the discussion of how to reduce further anti-Honam prejudice, which includes contact hypothesis, recategorization, cross-categorization, and de-categorization.