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

• The Korean Journal of Applied Statistics
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• v.32 no.4
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• pp.503-515
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• 2019

In this study we estimate the survival function of duration of the legislative processes in the 17th, 18th, and 19th National Assembly of Korea, and further analyze effects of the political situation variables on the legislative process. We define the termination of legislative process from a novel perspective to alleviate issues of dependency between censoring and failure in the data. We also show that the proportional hazards assumption does not hold for the data, and analyze data employing a log-normal accelerated failure time model. The policy areas of law agendas are shown to affect the speed of legislative process in different ways and legislative process tends to be prompt in times of divided governments.

• Anayses & Alternatives
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• v.8 no.1
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• pp.137-167
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• 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.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.18 no.1
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• pp.91-102
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• 2019

Autonomous vehicles can be exposed to severe danger when failure occurs in any of its components. For this reason many countries are making efforts on the legislative issue how to objectively evaluate failure safety of an autonomous vehicle when such a vehicle is commercially available to a customer in the near future. In level-3 automation, a driver must take over the control of his vehicle when failure occurs, and the driver's controllability must be secured for escape from the imminent danger. In this paper, quantitative methods have been developed for evaluating failure safety of the level-3 autonomous vehicle, and they were validated by simulation. And also, we confirmed that the proposed evaluation method can quantitatively evaluate the failure safety.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.231-267
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• 2008

Tobacco has become the world's leading cause of deaths and diseases. And !be tobacco use and dependence itself is a kind of diseases, so-called "mental and be-havioural disorders due to use of tobacco" in "International Statistical Classification of Diseases and Related Health Problems(ICD-10)" and "Korean Standard Classification of Diseases". The tobacco use and dependence is a chronic disease that requires repeated clinical interventions and multiple attempts to quit. But effective treatments to the tobacco use and dependence are developed and exist that can significantly increase the rate of long-tenn smoking abstinence. So the physicians should warn smoking patients about the dangers of smoking to the health and the life, and the clinicians ought to provide one of more of the treatments which have been proven effective in helping smokers quit to smoke. It has been concluded that if a doctor failed to provide effective treatment for smokers, and the smokers subsequently died of the smokers-related conditions(tobaccosis) or became incapacitated by the tobaccosis the smokers were considered in the medical malpractice. Thus the smokers could sue the physician for medical malpractice, claiming that the doctor's legal responsibility of appropriate treatments including smoking-cessation which the physician deliberately or negligently breached.

• Journal of Information Technology Services
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• v.12 no.3
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• pp.151-163
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• 2013

It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

• Journal of Environmental Health Sciences
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• v.45 no.4
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• pp.310-320
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• 2019

Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

• Korean Security Journal
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• no.43
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• pp.205-230
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• 2015

This study aims to compare the differences of crucial factors that are associated with probation warning tickets between sex offenders and non-sex offenders in South Korea. Serious high-profile cases have occurred in recent years which resulted in public and political conners for successful sex offender management and monitoring strategy through community corrections. The official response has been to initiate a series of legislative probation and parole measures by using GPS electronic monitoring system, chemical castration, and sex offender registry and notification. In this context, the current study is designed to explore the major factors that could affect the failure of probation by comparing the differences between sex offenders and non-sex offenders in terms of their major factors which are related to the failure of probation. The failure of probation is measured by the number of warning tickets which would be issued when there is the violation of probation conditions. The data is obtained from Seoul Probation office from January, 29, 2014 to February, 28, 2014. The sample number of sex offenders is 144 and the number of non-sex offenders is 1,460. The data includes the information regarding the offenders who completed their probation order after they were assigned to Seoul Probation in 2013. Furthermore, this study uses the chi-square and logistic regression analysis by using SPSS statistical package program. The result demonstrated that only prior criminal history was statistically significant factor that was related to the number of warning tickets in the sex offender group when other variables were controlled($X^2=25.15$, p<0.05, Nagelkerke $R^2=0.23$)(b=0.19, SE=0.08, p<0.05). By contrast, there were various factors that were associated with the number of warning tickets in non-sex offender group. Specifically, the logistic regression analysis for the non-sex offenders showed that demographic variable(marital status and employment type), offender-victim relationships, alcohol addiction, violent behavior, prior criminal history, community service order, and attendance order were statistically significant factors that were associated with the odds of warning tickets. Further policy implication will be discussed.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.53-77
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• 2012

Competence-competence refers to an arbitratorpower to determine whether he or she has jurisdiction to decide a controversy. Although arbitrators power to rule on their own jurisdiction is generally recognized throughout the world, in the United States, neither the courts nor legislative bodies have recognized its significance or the reasoning behind its widespread adoption. Section 3 of the Federal Arbitration Act (FAA) is notorious among arbitration statues for its failure to incorporate competence-competence. When courts rule on an issue of competence-competence, it is referred to as a question of who decides the arbitrability of the case. In the United States, the use of competence-competence as a term of art is still limited to scholarly writings. The answer to the competence-competence inquiry is found in an interpretation of section 3 of the FAA which empowers the courts to decide arbitrability issues. The cases of the Supreme Court and most commentators interpreted sections 2 and 3 of the FAA as conferring issues of arbitrability on the federal courts, including the ability to rule on the validity and scope of the arbitral agreement. Traditionally, United States courts have denied the competence-competence to arbitral tribunal. Recently, however, they have confounded the rules by placing primary importance on the arbitration agreement between the parties. The Supreme Court, in a series of cases, has underscored the necessity of giving full effect to the intentions of the parties as expressed in their agreement to arbitrate. The result of the Supreme Court's emphasis on contractualism in determining the issue of arbitrability is most evident in the Courtdecision in the First Options case. Under First Options, courts are to decide arbitrability issues unless there is a clear and unmistakable contractual assignment of these issues to the tribunal itself. The Court is appraised that it has attempted to compromise between contractual freedom in the arbitration setting and the rule of law that is necessary in a society that depends on the concept of ordered liberty. In the decision in Howsam, the Court clarified the definition of arbitrability by attempting to draw a clear line between questions of arbitrability that are to be decided by courts and those matters that bear on the allocation of decisions between courts and arbitrators but are not questions of arbitrability.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.9
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• pp.480-486
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• 2020

The National Registered Cultural Heritage no. 377, 'The Eclectic-style House in Daeheung-dong, Daejeon', was relocated in 2013, even though it was privately owned. The relocation of National Registered Cultural Heritage through an urban redevelopment project is rare because the restriction of the preservation of a cultural asset is relatively tolerated. For the sake of profit in a redevelopment project, a privately owned Registered Cultural Heritage is likely to be demolished with no laws to prevent it. This study researched the history of the heritage and the procedure of the relocation process. Based on the research, the study intends to clarify the relationship between the economic and legislative conditions with the result of the National Registered Cultural Heritage relocation in general. The failure of the successful relocation of the National Registered Cultural Heritage in redevelopment projects is caused mainly by a change of ownership, which is generally from personal to anonymous associations. Based on the condition, this study maintained the Cultural Heritage's redefinition as a public asset and proposed phased amendments in each major procedure of a redevelopment project for the successful preservation and reuse of National Registered Cultural Heritage.