• Title/Summary/Keyword: unified legal system

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International and National Legal Experience in Combating Corruption and the Influence of Information Policy on Improving the Implementation of Anti-Corruption Measures

  • Bagdasarova, Anaid E.;Dzhafarov, Navai K.;Kosovskaya, Viktoria A.;Muratova, Elena V.;Petrova, Irina A.;Fedulov, Vyacheslav I.
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.169-174
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    • 2022
  • The purpose of the study is to research the legal nature and essence of corrupt behavior, as well as the international and national legal aspects of the fight against corruption. The article discloses the relation between the factual results of the operation of anti-corruption normative and legal acts and the goals and objectives for which they were adopted. The effectiveness of the regulatory effect and quality of anti-corruption legislation is determined by the example of the Russian Federation. The article provides an analysis of theoretical aspects of the theory and history of the formation and development of anti-corruption legislation (on the example of Russia and some other countries, as well as international legal norms) giving several practical examples from foreign legislation demonstrating the structure of the system of government bodies battling against corrupt behavior (including its latent forms). The authors suggest that there is a need for a unified conception of information and propaganda support of state anti-corruption activities. This will make it possible to inform the population that the state is actively working to prevent corruption threats and to bring perpetrators to justice, as well as contribute to citizens' trust in the state policy in this area. At the same time, it is necessary to regularly inform the citizens about the provisions of the anti-corruption legislation, explaining the importance of their observance.

Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

Review of the North Korean's Veterans Policy and a Plan to improve South Korean's Veteran Policy in Preparation for Unification (북한의 보훈정책 고찰과 통일대비 한국 보훈정책 발전방안)

  • Lee, Sung Choon
    • Convergence Security Journal
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    • v.15 no.2
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    • pp.69-80
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    • 2015
  • The present study was conducted with aim for establishing the framework of integrated veteran policy for unified Korea through the analysis of the North Korea's veteran policy. For the purpose, this study reviewed the legal system and implementation process concerning the North Korea's veteran policy and analyzed the establishment of fundamental framework of unification and the implications from the North Korea's veteran policy for unified Korea. The review of the North Korea's veteran policy covered the beginning of the North Korea's veteran policy to the present. Based on the findings of the review, this study revealed the necessity of re-establishing the principle of veteran policy in preparation for unification and proposed a plan for unified veteran policy. The results from this study are expected to be a meaningful milestone to unified veteran policy after unification. It is reasonably expected that there will remain considerable differences and conflicting factors, which could block the path to national integration, between two countries and their peoples after unification. Therefore, it is more important to make a thorough preparation and form social consensus than any other. In this respect, national policy for veterans should go back to basics and be reviewed to be ready for unification. Although different in time, the North Korea's veteran policy was and is the base of the nation's system and source engine for development every period. Re-designing the principle of veteran policy should reflect both symbols of the unified nation and the national identity, but also of socially integrated spirit. Therefore, it must include the spirit of patriotism and awareness of national security. Furthermore, as for the integration of veteran policies for unification, it is especially important for two countries to possess and share common historical consciousness. The unified veteran policy should be integrated on this base.

A Study on the Complex Arbitrations (Multi-Issues, Multi-party, Multi-Contract) (복합중재에 관한 소고)

  • Park, Young Gil
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.139-160
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    • 1999
  • International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

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A comparative Study on the Combined Oriental and Western Medicine(COWM) in Four Northeast Countries (동북아시아 4개국의 양.한방 의료협진체계 비교)

  • 문옥륜;김은영;신은영;김혜영;천희란
    • Health Policy and Management
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    • v.13 no.2
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    • pp.1-22
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    • 2003
  • Since 1990s, the use of Complementary and Alternative Medicine(CAM) has been rising rapidly all of the world. In 1983, WHO recommended that the traditional medicine actively be utilized. At the end of 20th century, as chronic and intractable diseases increased in western countries, traditional medicine has attracted considerable attention. COWM shows possibilities of new approaches for these intractable diseases. Thus, we try to show our proper approach of COWM through the international comparative study. In order to fulfill the objectives, we applied the following methodology: 1) Literature review on previous study, 2) Local survey using self-administered questionnaire, and 3) FGI(Focus Group Interview) with local experts. The results were as follows : Three Asian countries, China, Korea and Taiwan, are very active in implementing COWM policy. Japan, however, has independent system of unified medicine. In regards to the combined care policy and system, China has the most advanced COWM system among four countries. In respect to combined care education, it is needed to increase the COWM education contents and the amount of cross educational curriculum. Based on the current COWM system, Chinese, Japanese and Taiwanese doctors can prescribe both oriental and western drugs. But, Korean medical law prohibits western doctors and oriental doctors from prescribing the counterpart´s medicine. So, the revision of current medical law is urgent for COWM in Korea. And when it comes to patient satisfaction, more than fifty percent responded positively in China, Korea and Taiwan. To achieve the goal of COWM ; 1) mutual understanding and recognition of COWM is essential. 2) institutional and legal support system for COWM is desperately urgent. 3) possible international collaboration and cooperation should be sought to untangle these complex cultural dilemmas.

A Basic Study on the Maritime Performing Party System and the Difference between the Maritime System and China's system

  • Liu, Xiaoxian;Noh, Chang-Kyun
    • Journal of Navigation and Port Research
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    • v.36 no.4
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    • pp.299-303
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    • 2012
  • "United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

A Study on Establishment of Cyber Threat Information Sharing System Focusing on U.S. Case (사이버 위협정보 공유체계 구축방안에 관한 연구 - 미국 사례를 중심으로 -)

  • Kim, Dong Hee;Park, Sangdon;Kim, So Jeong;Yoon, Oh-Jun
    • Convergence Security Journal
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    • v.17 no.2
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    • pp.53-68
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    • 2017
  • Today, information sharing is recognized as a means to effectively prevent cyber attacks, which are becoming more intelligent and advanced, so that many countries such as U.S., EU, UK, Japan, etc. are establishing cyber threat information sharing system at national level. In particular, the United States has enacted the "Cyber Threat Information Sharing Act (CISA)" in December 2015, and has been promoting the establishment of a legal and institutional basis for sharing threat information and the implementation of the system. Korea is sharing cyber threat information in public and private sectors mainly through the National Cyber Security Center(NCSC) and the Korea Internet & Security Agency(KISA). In addition, Korean government is attempting to strengthen and make legal basis for unified cyber threat information sharing system through establishing policies. However, there are also concerns about issues such as leakage of sensitive information of companies or individuals including personal identifiable information that may produced during the cyber threat information sharing process, reliability and efficiency issues of the main agents who gather and manage information. In this paper, we try to derive improvement plans and implications by comparing and analyzing cyber threat information sharing status between U.S. and Korea.

The Characteristics and Limitations of 'Automatic Submission of Budget Bills to Plenary Session', Article 85-3 of the National Assembly Act (국회법 예산안 자동부의제의 성격과 한계)

  • Jung, Jinwung
    • Korean Journal of Legislative Studies
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    • v.24 no.1
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    • pp.103-133
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    • 2018
  • This paper examines whether the budget making process has improved since the Automatic Submission of Budget Bills to Plenary Session Act was enacted. The budget bill was passed before the Dec. 2 deadline from 2014 to 2016. Several researchers, therefore, concluded that the clause is in favor of the ruling party and the majority party. However, this study confirmed that the argument is valid only under the condition of unified government. In other cases, the government party can have a limited impact on the budget-review process, and the aspects of the budget screening process are similar to those before the Act was enforced. Under the conditions of the divided government and two-party system, it is difficult that the budget bill is passed by the legal deadline. In the case of the divided government and multi-party system without majority party, the third party exerts a very significant influence on the budget-review process.

A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods (국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察))

  • Song, Myeong-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.133-162
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    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

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A Study on the Improvement Plan for Reducing the Risk of Crowed Event (다중운집행사 리스크 저감을 위한 개선방안 연구)

  • Nam-Kwun Park
    • Journal of the Society of Disaster Information
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    • v.20 no.2
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    • pp.379-389
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    • 2024
  • Purpose and Method: Crowed Events can lead to sudden accidents caused by unpredictable variables. Therefore, focusing on the '10.29 Itaewon accident' among the representative cases, we examined the accident as the process of occurrence. In addition, improvement measures were suggested through analysis of related legal systems. Result: In the Itaewon accident, a "colony wave phenomenon" occurred due to "ultra-high-density cluster stay". In addition, cluster destruction occurred from a weak location in the cluster due to clusters and pressures in different directions to avoid this. Looking at the laws related to the safety management of Crowed Events, the laws and regulations differ depending on the location and type. Due to the complementary nature of the approach to the legal blind spot, the legal system that uses similar terms of the same concept and is not systematic is causing uncertainty in the application and interpretation of the law. Conclusion: Crowd control and on-site management should be carried out for events when the cluster density is expected to reach 8 people/m2 or reached. Consistency should be maintained through the unified application of legislation to related legislation.