• Korean Journal of Legislative Studies
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• v.15 no.2
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• pp.35-65
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• 2009

This paper describes the changes in legislative rules in the U.S. House of Representatives and discusses the roles of legislative rules in public policy making. I argue that much of reform experiences in the U.S. House provide good references by which the National Assembly of the Republic of Korea may follow for its reforms. For this, I summarize primary reforms of legislative rules in the U.S. House and discuss dynamics in power distribution between committees and party leadership. These reforms are then reviewed on the basis of political stability, protection of minority rights, and legislative deliberation.

• Informatization Policy
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• v.30 no.2
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• pp.3-21
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• 2023

The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.

• Journal of Korean Society of Rural Planning
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• v.14 no.4
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• pp.69-76
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• 2008

The purpose of this study is to propose the rural landscape planning criteria for Korean rural area. For this, the meaning of rural landscape is defined, and the legislative framework and several legal processes are surveyed, including the deliberation system for natural landscape impacts and the Landscape Law recently legislated. Through literature studies and analysis, the rural landscape planning criteria are proposed, which have step-by-step processes; goals and objectives, analysis and estimation for present conditions, basic planning concept, landscape planning for different visual landscape types, landscape designing for visual elements, and practical action plans. Each processes are designed considering the existing legislative framework, so it can be well-matched to current systems. But, because there are few rural landscape plans so far, comparing to the urban landscape plans, the validity of this criteria should be verified in the future studies.

• Journal of the Korea Society of Computer and Information
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• v.21 no.6
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

• Korean Journal of Heritage: History & Science
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• v.38
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• pp.421-474
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• 2005

The Cultural Heritage Committee is an advisory committee established under the Cultural Heritage Administration with the aim of carrying out examination and deliberation on preservation, management and use of cultural properties. The Cultural Heritage Administration is responsible for Korean cultural properties. It was found to produce and execute policies on cultural properties, which involves in-depth investigation and consultation of experts in the fields of cultural properties. In here the Cultural Heritage Committee plays an important role in policy-making on Korean cultural properties. Governmental committees in Korea are largely divided into consultation committees and administrative commissions. Consultation committees are subdivided into consultation, deliberation and legislative committees. The Korean government established the Bureau of Cultural Properties in October 1961, and enacted provisions (as a presidential decree) on March 27, 1962, by the Cultural Properties Act, January 10, 1962. The Cultural Heritage Committee was opened as a deliberation committee which covers the entirety of cultural properties, including designation and cancellation of cultural properties, on which currently 120 members serve in 9 subcommittees. The committee member hold two years membership. This analysis contains a frame and scheme of the committee, function and statue of the current operation and study on role of a deliberation committee.

• Analyses & Alternatives
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• v.5 no.1
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• pp.87-121
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• 2021

Since 2012, Prime Minister Shinzo Abe'sadministration began to promote women's participation and advancement in the workplace and established the Act on the Promotion of Female Participation and Career Advancement in the Workplace (the Act) in 2015. Some criticize this Act as a way to utilize women for economic development and to deal with the shrinking working population. In contrast, others point out that it is a law that can be beneficial for women. As such, this Act serves as an interesting case of a women's policy promoted by a conservative government. This paper's objective is to shed light on if and how women are substantively represented in the Diet members' statements made during the legislative debate of the bill on the Promotion of Female Participation and Career Advancement in the Workplace between 2014 and 2015. This paper asks two research questions. First, based on the mixed evaluation of the Act made in the studies about the Abe administration's women's policies, this research asks if the Diet members speak of women as resources to use for other economic and social goals or if women are substantively represented. Second, drawing insights from the literature on women's substantive representation, this research asks how Diet members speak for women. Particularly, based on the studies on conservatism and substantive representation of women, this question seeks to determine if Diet members engage in the conservative representation of women, taking women's roles as mothers and wives who provide care for children, husbands, and elders at home for granted. The results of the analysis demonstrate that the number of statements that explicitly claimed to use women was small. Second, while some Diet members of conservative political parties engaged in the conservative representation of women, there were more instances of non-conservative representation, in which a variety of types of women were represented. These findings reveal that even when the conservative government's intention to submit the bill was to utilize women rather than acting for women, Diet members could speak for various types of women and engage in the non-conservative representation of women. The findings also imply the importance of paying attention to formal and informal legislative deliberation rules to figure out how women's substantive representation can occur under a conservative government and in a legislature dominated by conservative parties.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.119-164
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• 2007

Improving the formal objection system regarding reviewing medical expenses requires authority and confidence in the aspect of well-functioning the health insurance review and assessment system, legally and appropriately. The purposes of improvement of the formal objection system should aim for protecting the people's right of health. On handling the formal objections, the disputes of the rights should be settled economically and promptly by fairness, specialty, and objectivity in the health insurance review and assessment administration. Therefore, in order to promote the administrative specialty of health insurance, the formal objection committee needs to be organized independently and guaranteed expertly. Under the current formal objection system, however, the organization of committee lacks right-relief function, recognition and public relation as a health insurance appeal system, and related professional man powers. It is also analyzed that there are several controversial points, such as mass deliberation to the formal objection committee and its conference procedure. As a measure of improvement, it is analyzed that the committee needs to be organized independently with a proper number of professional man powers. The strict deliberation procedures and the prohibition of the decision-making by non-conference are also required to be empowered. The formal objection procedure provides the beneficiaries and the claims legitimately, so that it secures the legal relations on the health insurance system. Therefore, on the conference process of formal objection, the expert and guaranteed protection should be provided promptly, and its procedures to the appellants should also be assisted kindly.

• Journal of the Korean Institute of Landscape Architecture
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• v.31 no.2
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• pp.36-47
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• 2003

The purpose of this study is to examine the present problems relating to the legislation and execution of adornment of buildings in the provinces, and to explore ways to improve the role and function of adornment of buildings in terms of public art. In order to do that, the related national law and enforcement decree and the local regulations and rules were analysed. In addition the catalogues on the adornments of buildings that are managed by 31 cities and counties of Gyeonggi-Province were also compared and analysed. As a result of our survey, it has been determined that the reform of the adornments of buildings must be executed on the national and local levels. On the local level, the revision of regulations must occur simultaneously with the changes of national law and enforcement decrees. In many local self-governing bodies, there are quite a lot of discrepancies between their regulations and the upper law. Therefore, people can be confused regarding the sensitive problems such as the types of buildings that are required to display adornments and the proportion of the cost to the construction cost. In addition the effects of the improvements to national laws are often delayed. For example, the updated national law requires committee members to be appointed on the basis of merit, the announcement of the deliberation results, and the establishment of provisions regarding the management of existing structures. Unfortunately, improvements to the national law are not followed through on a local level. Concerning national legislation, the following improvements are necessary to minimize these problems. First, the western concept of‘public art’must be imported to Korea and applied to future legislation regarding adornment of buildings. Second, the perception of the purpose of adornment of buildings must be changed from‘art promotion’to‘improvement of the urban environment’Third, it is impractical to require private citizens to fund public worts of In. Korea requires an organized federal funding system for the commission of public art, which is to be controlled by committee. Finally, the definition of public artwork must be enlarged to include a more broad range of art, such as landscape architecture. In addition, continuing care of existing public worts of art must be managed systematically and strengthened.

• Journal of Radiation Protection and Research
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• v.41 no.1
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• pp.15-29
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• 2016

Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.29-74
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• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.