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2016, Vol.75, No.

  • 1.

    Land Banking System in Economic Recession Period : Problems and Remedies

    Soon-Tak Suh | Jeong Hoe Gun | 2016, 75() | pp.1~14 | number of Cited : 5
    Abstract
    Recently the reform of land banking system which was introduced in 2009 has attracted interest from academics in Korea. Although the land saving system is an effective means to provide appropriate public facilities and to manage land market, the system didn't play an important role in reserving land for SOC and industrial complex since the introduction of land banking system. The reason is mainly due to financial insufficiencies. In addition to this, low rate of economy and population growth make the land banking system difficult. In this context this paper is aimed at identifying the efficacy of the land banking system particularly in economic recession period and at suggesting policy implications and revision of the land banking law. The conclusions are summarized as follows: Firstly, the role of land banking system should reestablished. In doing this, objectives of land savings are enlarged according to the change of socio-economic conditions, such as economic recession. Secondly, various plans based on relevant laws should be comprehensively reflected in the land purchase plan. Finally, in order to secure financial resources, establishment of land savings funds will be needed.
  • 2.

    A Study on the Partial Amendement to the Special Act on Public Housing

    Sunbae Lee | 2016, 75() | pp.15~41 | number of Cited : 3
    Abstract PDF
    The past ‘Participatory Government’ introduced the current ‘ten-year rental housing” as an alternative when a five year rental commitment period failed to provide rental housing units for low income non-home owners and opportunities of home ownership because of its short obligatory period. When an obligatory initial occupation period for housing units with a five-year rental commitment period reached two and a half year, such units were usually converted to be sold for the renters’ home ownership. The ten-year rental housing system provides support for moderate income households in the income group (income level 5 to 6) with no housing unit to live in such rental housing units at a low price for a long-term (ten years) while saving some money to have an opportunity to own their units after the ten-year rental commitment period expires. However, the Ministry Land and Maritime Affairs at that time did not establish any guidelines to estimate prices for conversion of ten-year rental housing units for home ownership. As a result, renters had anxiety for financing unconfirmed prices for rent-to-own; and rental housing business entities found unexpected room for misuse, such as unlawful pre-purchasing order and the unfair conversion for home ownership made earlier than the rental commitment period. Whenever such cases occur, a legislative bill for partial amendment of the Special Act on Public Housing (hereinafter the Act), had repeatedly been presented. The legislative bill suggests that only the guidelines for calculating prices for conversion of ten-year rental housing for ownership should be reverted to the guidelines for calculating prices for conversion of ‘five-year rental housing’. The bill fails to consider ‘the characteristics of the ten-year rental housing’, in which rental housing units are built with the money paid by renters and the construction costs for rental housing units can be recovered in full when they are sold to the renters after the obligatory rental commitment period at a price well above the construction costs. Besides, such rental units are managed and maintained with the money paid by the renters during the obligatory rental commitment period. The fact that the rental housing business entities are making too much profit too easily has never been considered in the proposed bill. If ten-year rental housing units of 24 pyeong-type built in Segok area in Gangnam-gu of Seoul are made conversion for home ownership in accordance with the partial amendment to the Act, the Land and Housing Corporation (LH) could easily earn a profit 2.15 times more than its original housing price. Such profit rate is six times more than the profit rate obtained from selling apartments built by the private sector. Furthermore, depreciation expense, increased rents (security deposit), construction profits, etc.. are not included in calculating such a high profit rate. Gaining excessive profits in the rental housing business is shown to have been more aggravated in Pankyo area in Sungnam-si, Gyonggi-do. With regard to such cases, we have to question whether or not housing stability can be assured by current system. Despite all these obvious problems, it seems very irresponsible to propose the same partially amended bill over and over again as the second best solution in which only the guidelines are replaced from the ones of Ten year rental housing to the ones of Five year rental housing just because there is not any better alternative. What the proposer of this partial amendment bill of the Act did should certainly be avoided, such as holding debates of little substance at the National Assembly Members’ Building only with some irresponsible tenants and some random professors who do not have any expertise on the matter, and excluding experts who have researched and analyzed the standards for assessing feasible prices for rent-to-own of ten-year rental housing and the Association to which the experts belong. It is highly commendable for Min, Hong-chul, one of the members of the 20th National Assembly to move to table a bill in order to solve the delay in establishing guidelines for assessing prices for rent-to-own of ten-year rental housing because it is the issue of an urgent legislative importance. However, since the bill contains a lot of tricky issues to resolve, it is necessary to go through reviews of different perspectives by the experts and to gather various opinions from stakeholders to seek the best possible alternatives which can guarantee reasonable profits for rental business operators and achieve the aim of 'assuring housing stability' at the same time. It should be considered why there are no reasonable provisions regulating prices in making conversion for home ownership with regard to ten-year public rental housing (publicly constructed) while an upper limit scheme is specified for selling housing units built by the private sector on public housing sites. So far debates in forums related to the amendment of the Act have been for advocating the guidelines for rent-to-own prices of five-year rental housing to share profits to be gained after the conversion for home ownership is made or for delivering one-sided point of view for profits of rental housing business entities as if such debates could solve the current problems. It should also be recognized that only debates focused on the original purposes of the ‘(previous) Rental Housing Act’ (ensuring housing stability for non-home owners) can get to the bottom of these issues. If it is not easy to specify any guidelines for assessing prices for rent-to-own, it could be a long-term perspective solution to obtain a judgement of a court and set reasonable guidelines therefor by synthesizing such judgement. Also, The Korea Public Land Law Association may use and develop the research outcome, “Plan for securing a reasonable profit (within 25 percent) of construction costs” to establish specific guidelines for assessing prices for rent-to-own of ten-year rental housing units.
  • 3.

    The improvement of legislation about rural improvement project in Korea

    SUNG, JOONG TAK | 2016, 75() | pp.43~65 | number of Cited : 3
    Abstract
    Several rural development projects have been made so far and to improve rural issues, was implemented related laws and support measures. But doesn't appear correctly, the results were too dependent on central government is basically, sought after because the way rural development sector administrative and top-down. On the contrary, Germany, USA, Japan, and of rural development experience offers us a lot of implications. In other words, they have some experience from the bottom-up system, leading thereafter from residents have taken the initiative and plans to run industrial sectors over with the problem of developing rural areas Package deal. A general character of efficiency, and the region’s business with the central government, and summed up in that aim to turn into a state between the various organs of the comprehensive budget support. With these experiences from our plan of comprehensive rural development in order to shape by politicized than a tract of land that clearly may ensure implementation of legislative system. Formation and financial support are needed. Particularly lead to real community participation, integrated budget support on regional planning and institutional framework that is possible a political instrument is needed urgently. Agricultural and Fishing Villages in future, the nation following factors should be reflected in legislation relating to business. Agricultural and Fishery Community Development Unit sections. Integration of development projects in rural areas. Business of the plan that meets the needs of local governments. Introduction of generic subsidies. Readjustment project for strengthening monitoring and evaluation. Integrated organization exclusively for Agricultural and Fishing Villages Project. Strengthening local residents, reflecting opinion.
  • 4.

    Legal Issues on Public Land Law for Social Sustability

    Kim, Sung-Bae | 2016, 75() | pp.67~99 | number of Cited : 3
    Abstract
    Sustainable Development and Sustainability are used various occasions but there is a risk of abuse and deterioration of sustainable and sustainabiity. Korean Constitution never use susbtainable or sustainability in the Text but there are many articles that express the core idea of environmentally sound and sustainable development or sustainability. The term “sustainability” means using economic, social and environmental resources in a harmonized and balanced way without wasting or deteriorating in quality those resources to be used by future generations to meet the needs of the present according to Sustainable development act of Korea. In the Preamble of Constitution, the core sprit of ESSD are embodied in many paragraphs such as “to consolidate national unity with justice, humanitarianism and brotherly love”, “To afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political, economic, social and cultural life”, or “to elevate the quality of life for all citizens and contribute to lasting world peace and the common prosperity of mankind”. Redefining the concept of Public Land Law or Public Property Law have several befits but, using private law concept for redefining the public land law is a mistake in continental legal system which recognizes the difference between public law and private law. Concept of land in public law has to root in Constitution not a civil law. In Constitution, Land means the territory of the Rebulbic of Korea. Land in Public law concept has to include property, land, territorial waters, and severign airspace. Recently the ecosystem has been seriously damaged by reckless development. The Ministry of Environment is now shifting its policy from one of “end-of-pipe” management and being regulation-centered to one striving to be preparatory and self-regulating. The nature conservation plan has been focused on protecting only the wildlife, so a systematic conservation of the nationwide ecosystem is inherently limited. To go beyond this limit, the strengthening of the link between the natural environmental conservation plan and the land use development plan is necessary. The central government and self-governing bodies should have reasonable roles and responsibilities, and cooperate for more efficient conservation planning. In order for Korea to further develop and achieve a structural change with respect to its economy and society, it is important to work on realizing the appropriate use of its land. The main task for land policy is to maintain a perspective that public welfare regarding land is first and to promote the realization of the appropriate use of land at the same time. Real estates legislation has introduced and maintained a variety of systems, controlling the strength of regulation depending on changes of times and economic situation.
  • 5.

    The Role and Task of National Land Planning for Realizing Environmental Policy

    Heo, Kang Moo | 2016, 75() | pp.101~123 | number of Cited : 0
    Abstract
    ‘Paris Agreement’ has been launched recently as a new climate regime which is to supercede ‘Kyoto Protocol’that is to be expired in 2020. In December, 2015, the 21st Framework Convention Climate Change Conference of the Parties(COP 21)adopted the Paris Agreement. Accordingly, required is the change of national land planning consequent on the launch of Paris Agreement. In the future to come, it’s necessary to come up with the national land planning aiming to achieve continuous economic development by forming the virtuous cycle structure of environment and economy as a new national development paradigm. The national land planning is promoted on the base of national land, and the very place where diverse projects are realized is national land. Accordingly, national land development, and its management style should be changed in preparation for climate change. In our country, national effort for sustainable development has been in progress in many different shapes since sustainable development was first mentioned at the UN Commission on Sustainable Development(UNCSD)in 1987. Korea has modified its national land planning in the direction of responding to global pending issues under the banner of‘Climate Change Response’, especially in national land planning. In national land planning in the future, Korea is placed in reality where it’s impossible to respond to climate change without acknowledging the fact that ‘environmental’public interest has absolute, or relative superiority over other public interests, such as residential stability, transportation, and industrial promotion, etc. Accordingly, now is the time for ‘National Land Planning’to set up the development direction, for which national land has to aim in response to environmental, social changes in the future, and to include the role as the plan which makes it possible to accomplish the land-aimed developmental direction. This study aims to make a policy proposal for the role and task of attainable national land planning by setting up the developmental direction, for which national land must aim in response to climate change, etc. This study consists of an overview of national land planning in Chapter II, examination of the means of eco-friendly national land planning in Chapter III, suggestion of the role and task of national land planning consequent on climate change, etc. in Chapter IV, and proposal of policies concerning eco-friendly land planning in Chapter V.
  • 6.

    Legal and Policy Issues on Eco - Friendly Energy Town –With Discussion of Selected Countries -

    최경호 | 2016, 75() | pp.125~145 | number of Cited : 1
    Abstract
    The business creation of the eco-friendly energy town has been initiated since the government’s announcement for its plan in 2014. The eco-friendly energy town is to achieve coordinate cultural tourism, energy self-reliance, and create income for residents by converting unpleasant facilities to environment-friendly energy production place. There is no specific and single law for applying eco-friendly energy town. Because existing laws, including 「New Energy and Renewable Energy Development, Use, and Spread Promotion Law」may cover the eco-friendly energy town, no specific law for eco-friendly energy town exists. If the specific law for the eco-friendly energy town exists, it will be helpful for pursuing policy for the town with the long-term plans and goals. However, because eco-friendly energy town puts existing business of new energy and renewable energy into the specific frame of the eco-friendly energy town policy simply, there is no difficulty to perform the eco-friendly energy town. The unique part of the business of the eco-friendly energy town is voluntary participation of residents in the town. As discussed in the article, some countries have policies and laws to guarantee benefits of participants of the eco-friendly energy town business in the town. For the purpose of the legislation of eco-energy friendly town, we may consider enact provisions for the pursuit of eco-friendly energy town in 「New Energy and Renewable Energy Development, Use, and Spread Promotion Law」and 「National Land Planning and Using Act」. The clarification of the norm of eco-friendly energy town in these laws is helpful to promote and provide assistant for the success of the eco-friendly energy town with long term plan.
  • 7.

    Suggestions for the Sustainable Development of the National Land

    Lee Soonja | 2016, 75() | pp.147~175 | number of Cited : 3
    Abstract
    The national land planning and policies on national land should be made based on the harmonization of development and the environment for the sustainable development of the national land. On the basis of this notion, balanced development of the national land and environmentally friendly national land management can be implemented. However, the Ministry of Environment and Ministry of Land Infrastructure and Transport responsible for the development of the national land and the environment were lack of the effort to harmonize the national land development with the environment. So far, national land management has been evaluated as being biased to the development rather than the harmonization of development, the use of the national land and the environment. In order to continue the development of the national land, the development that harmonizes with the environment needs to be aimed. For that, the linkage of planning between Framework Act on the national land and Framework Act on Environmental policy is necessary. And with respect to the national land plan, Framework Act on the national land has National land planning assessment similar to Environmental Impact Assessment Act and Strategic Environmental Impact Assessment. For National land planning assessment under the criticism of double regulation, there has been a transferring plan to a Strategic Environmental Impact Assessment. In addition, the problems of the Strategic Environmental Impact Assessment on the revised Environmental Impact Assessment Act were pointed out presenting improvement measures and expanding the scope of Environmental Impact Assessment Act was also proposed.
  • 8.

    A study on the correlation between land utilization・development and real estate

    Jeong Kuk Won | 2016, 75() | pp.177~196 | number of Cited : 5
    Abstract
    Land has property rights in terms of the owner’s individual rights, but it’s part of national territory in the perspective of the country. Thus, it is an object of property rights for individual aspects and at the same time it is the territory of the country even if the land is in the same space. According to the Constitution, article 122 ‘balanced national land development・utilization and preservation’ contains a premise of land restriction. On the other hand, article 23 of the Constitution addresses the restriction and at the same time guarantees the right of property. As long as the Constitution is the highest law, to solve a conflict between regulations on the Constitution, first, it should be resolved as a way to refine the constitutional norms of its normative meaning or systematize it to norm-harmonized. Therefore, this study reviewed the land development・utilization refinement and weighted regulation for land property rights in chapterⅡ. In chapter Ⅲ, the correlation between land development・utilization and land property rights was discussed as follows. First, land development・utilization (article 122 of the Constitution) as the special restriction regulation of land property rights (article 23). Secondly, the correlation between land development・utilization and land property rights in terms of the public concept of land ownership. Thirdly, the correlation between land development・utilization and land property rights in terms of ‘equality or fairness’. In chapter Ⅳ, a solution regarding normative systematization between land development・utilization and land property rights was suggested. For the solution, these following items were discussed. First, systematized establishment of a relationship between economic clauses and basic human rights. Secondly, limitation of restrictions of land development・utilization and land property rights. Thirdly, ‘balance’ as a restriction and ‘equality’ as a guarantee. These will define the normative meaning of land development・utilization in article 122 of the Constitution in the economic clauses and the guarantee of land property rights in article 23 of the Constitution as part of the constitutional system more clearly.
  • 9.

    A Study on the Establishment of the Legal System for Urban Development Projects to Account for Changes in the Residential Land Supply System

    Kim,Jong Ha | 2016, 75() | pp.197~223 | number of Cited : 0
    Abstract PDF
    This Study reviews the systemicity of the legal system for urbal development projects relying on expropriation, especially focusing on the Urban Development Act. The Urban Development Act needs to be revised so that it may serve its public purpose, and the revision should be carried out in consideration of the following issues. Firstly, the Urban Development Act is expected to form the foundation for the supply of housing sites. Therefore, the housing site development plans under the Act should be aligned with Urban Development Plans and Comprehensive Housing Plans to ensure their consistency. Secondly, the ratio of the rental housing sites need to be raised, and the criteria for supply prices should be adjusted based on development costs, so as to allow for the cross-support for development gains. In addition, development costs should be calculated in an objective way through the establishment and operation of a review committee for development costs. Thirdly, restriction on resale, etc. of developed sites should be expressly stipulated by the related laws and regulations, to prevent the expropriated lands from being used for speculative investment. Fourthly, to achieve the purpose of the recent revision of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the legal basis should be established for determining the publicness of projects considered for deemed approval. Also, the detailed criteria should be prescribed by a directive from the Ministry of Land, Infrastructure and Transport and other forms.
  • 10.

    A Study on Devolution of Power of the Formulation of Rearrangement Plans and the Designation of Rearrangement Zones in Urban Rearrangement Act

    Yongjeon Choi | 2016, 75() | pp.225~243 | number of Cited : 1
    Abstract
    When the Act on the Maintenance and Improvement of Urban areas and dwelling conditions for residents(hereinafter referred to as “the Urban Rearrangement Act”) was amended in 2016, the power of the designation of rearrangement zones was devoluted to the head of a Si/Gun except the head of an autonomous Gu and Gun located in the jurisdictions of a metropolitan city(hereinafter referred to as “the metropolitan city’s Gun). This would infringe the plan sovereignty of basic local goverment because the rerrangement affairs is autonomous’s and basic local government’s affairs. Therefore, I will analyze the plan sovereignty on the Constitution, the Local Autonomy Law(Ⅱ), the National Land Planning and Utilization Act and the Urban Rearrangement Act(Ⅲ). And I conclude that the head of autonomous Gu and metropolitan city’s Gun shall have the power of designation of rearrangement zones in the side of legal and theoretical aspects(Ⅳ).
  • 11.

    Legislative Policy for Personal Information Protection in the Act on the Appraisal and assessment

    Hong, Sung-Jin | 2016, 75() | pp.245~271 | number of Cited : 0
    Abstract
    The Act on the appraisal and assessment that pre-announcement of legislation is regulate the appraisal information system, which is closely related with property rights, privacy and safety. But the appraisal information system regulation of the “Act on the Appraisal and assessment” is contrary to both the principle of statutory reserves and the proportionality and violates the self-determination right to personal Information that deviates from the range to collect personal information. If such personal information, once collected, even though pays highly attention to prevent illegal acts or hacking prevention of public authority manager may be unauthorized personal information is retrieved or spills and then frequently happen to invasion of privacy. Therefore, “Act on the Appraisal and assessment” should be amended to comply with the principle of statutory reserves and the proportionality to protect of personal information once collected and registered in the appraisal information system. In addition, that will be arranged legislative policy and provided guidelines, effective assent system in a way such as limit within a specific intended use and requires minimal range to protect personal information.
  • 12.

    A study on the time of the urging in the forced appraisal rights of the housing reconstruction project

    Kim, Jin-Soo | 김영철 | 2016, 75() | pp.273~293 | number of Cited : 0
    Abstract
    Of the process of the Forced Appraisal Rights exercise because there is no clear standards with regard to the time of urging. There is confusion between the parties. In recent years, this debate has been intensified. As well as giving another lawsuit because of damage to people and businesses delay did not agree with the reconstruction association. All the time to exercise eminent domain claims and sell in public housing construction projects such as housing reconstruction projects similar housing redevelopment projects, local housing associations may decide after applying business project implementation. And experts have confirmed that there is a need to unify as a time of urging it claims to sell the business to be conducted securely applied after this point, the business conducted by the procedure of housing reconstruction projects starting point. Therefore, It is necessary to amend Article 39 of the ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS to determine the time of urging people not to accept the housing reconstruction project after project implementation permit.
  • 13.

    Study on the legal principle of the right to housing

    Lim, Suk-Nyeo | 박희원 | 2016, 75() | pp.295~312 | number of Cited : 6
    Abstract
    What it can be said right to housing “the rights that everyone enjoy the Appropriated housing conditions” or “right to enjoy suitable housing conditions of human dignity.” It means the right to be able to secure the stability of the Housing, and it also means the right to enjoy an appropriate economic, social and cultural environment. This may be protected from the threat of forced evictions and an unfair invasion of privacy and meaningful work and neighbor relations, enjoy the possibility of an appropriate cultural life, such as the right not to be alienated or exclusion from the social net. Up to now, the nation market focuses on expansion of quantitative housing development and have solved the housing problem. Becuase of that eviction and demolition of the people's right to housing was encroached. None the less discussion on the right to housing is not be occurred actively. In recent years the discussions are being made on the right to housing but it is hard to say on society of our country’s Housing right, encompassing the concept of great significance are universal. And current situation about claim of a natural rights are not made formation of consensus. The right to housing is a basic right and it will be described as human rights. But, until now the right to housing are not recognized in our law. And these days, unease of citizens about the residence are growing because of rising of lease price. No exaggeration to say that humanity, on the quality of life is start from the premise to stabilize residential housing right. Recognizes the significance and concept of the “right to housing” throughout society and spread out, furthermore to settle in institutionalizing citizen and it should allows them to live a human life in a pleasant residential environment. And It is responsible of government, local government, civil organizations, and also all the members of citizens. In order to do that, perceptions of the home should be changed from conscious and think that means wealth. Furthermore the law for housing right should not be accessed in welfare aspects. And right to housing should be an essential requirements for human dignity guaranteed beyond the well-being. In other words, it should be guaranteed for the 'right to housing' rather than the 'welfare housing'. All human beings are recognized for the right to live in adequate housing environment, it must be legally declared and guaranteed. And it is an essential requirement can do a decent life. In other words, legal and institutional atmosphere should be made that can be recognized as natural rights.
  • 14.

    The ballot measure system and issue of the United States

    KIM MINBAE | 2016, 75() | pp.315~343 | number of Cited : 5
    Abstract
    The result has been provided like below. First, Ballot measures is as follows : The idea that changes to a state constitution must be approved by voters dates back to 1780 when Massachusetts adopted its new state constitution in a referendum. The first state to adopt the initiative was South Dakota in 1898. Today every state but Delaware has such a requirement. Since then, 23 other states have included the initiative process in their constitutions, the most recent being Mississippi in 1992. That makes a total of 24 states with an initiative process. Ballot measures get on the ballot through very different paths. Only about half of the American states allow their citizens to place a measure on the ballot through the collection of signatures. However, every state has some mechanism through which measures of some kind can make their way onto the ballot of that state. 49 states in U.S. have a law in place that allows citizens to vote on proposed constitutional amendments offered by the state legislature. The exception is Delaware, where the legislature alone acts on constitutional amendments. In 18 states, citizens can amend their state constitution through the process of collecting signatures on petitions. Second, Initiative process is as follows : Generally, the process includes these steps. ① preliminary filing of a proposed petition with a designated state official, ② review of the petition for conformance with statutory requirements ③ preparation of a ballot title and summary ④ circulation of the petition to obtain the required number of signatures of registered voters, usually a percentage of the votes cast for a statewide office in the preceding general election and ⑤ submission of the petitions to the state elections official, who must verify the number of signatures. Third, Overview of initiative use is as follows : Look at the overview of initiative use during the period 1904- 2002, total of 2,420 state-level initiatives have been on the ballot since the first ones went before the voters in Oregon in 1904, and 984 have been approved. Oregon continues to be the overall leader, with 363 initiatives. California is second with 352. Colorado 218 round out the top three. Fourth, Election Results is as follows : After a review of Election Results 2014, Voters looked favorably on ballot propositions on Election Day, approving 70% of the 146 measures they faced. Marijuana advocates scored important victories in Alaska, Oregon, and Washington D.C., and minimum wage advocates continued their unbroken run of successful measures in five more states. Voters decided 146 propositions in November, comprised of 100 legislative proposals, 35 initiatives, 4 referendums, 5 advisory measures, and 2 other measures. After a review of Election Results 2015, Voters registered their views on 28 state-level ballot propositions in nine states this year, approving 20 of them. And, In conclusion : Direct voter legislation has become an increasingly important part of American politics. Voters have faced referendums to cut taxes, restrict marijuana, limit government spending, stop the development of nuclear power, protect the victims of crime, and minimum wage. If present trends continue, the referendum will become a more important factor in American politics. Direct Legislation concludes with a consideration of the developing implications of direct legislation for legislatures, political parties, and other political institutions and processes.
  • 15.

    A Research on thee nature of decentralization of France

    BAEK YUN CHUL | 2016, 75() | pp.345~364 | number of Cited : 1
    Abstract
    Municipal governments are constitutional provisions is guaranteed the position of France. The principle of supplementary nature for basic principles in allocation of functions between national and local governments (principe de la subsidiarité) made that basis. The principle of local governments based on administrative affairs authority is based mainly on the Constitution of France, the following three rules. In other words, provinces, and Regions other than local governments in Article 72, the Mayor/the Provincial Constitution, defined as the Overseas Territory governments, and ② another by the Constitution Article 72 different by lawTo establish a local public organization or can scrap, and ③ the Constitution Article 72 and 3.2 trillion, according to the Status and organization of local government authority as provided by law can be determined also provides thatto exist The regionalization reforms in these non-recourse basis effect on the various fields of administration, starting in the Universal Declaration of the ‘rights and freedoms’ of local governments. The contents here simply arrange the leaves. ① organization reforms, ② Power distribution ③ the allocation of authority on Local Public Service Reform, ④ Financial reforms, ⑤ about local and regional parliament, etc. reform. The exercise of these France on the basis of decentralization, autonomy would be exercised within the range of statutes, which is right of local autonomous governments. The certainty of legislative power is guaranteed by the Constitution and specific on that national by organized by law established by Parliament and, this just by law established by the restrictions to the National Assembly. Is stating that. Also, it is for local autonomy guaranteed by Constitution Act restricting by the legal order, which are not constitutional right that we don't. In this regard we see that the current constitution according to law as the case of Japan, which France and limiting the autonomy to the ‘scope of laws not’ Think it is desirable to revise it.
  • 16.

    A study on the legal review relating to the expansion of autonomy for local government strengthening local police system

    신평우 | Lee Young Woo | 2016, 75() | pp.365~385 | number of Cited : 14
    Abstract
    Modern industrial society with centralized all the capabilities of the country was seeking a government-led economic growth. Korea is also won a quite effective system to concentrate all efforts on the central government authority and above achieve growth in today's economic development, the government center. However, in today's economy it is in a constant orbit with a different system of government - as in the past were unable to guarantee the further growth. Global flow chart decentralization, multinuclearation to go, and that society would recognize the autonomy of each region and each region and offer the best capabilities in their enhanced if the plight of the end of the national competitiveness. As such decentralization it can only contribute to the realization of the democratic process by making himself the work of local self as becoming essential rather than more choice in terms of economic growth today. There nation also expanding its local authorities, in the expansion of one of the most important institutions of local government autonomy police system specific and can import and delayed the full-scale implementation. When such by a wide basis of the Commission mainly to ensure the political neutrality to establish a municipal police bill to the investigation and information service to the bone to give the municipal police, according to the Secretary relegated the issue of funding for the expansion of government police system because of the national police office greatly reduces the redistribution of resources and the national police, go get relegated to the principles in the form of fines or penalties such as municipal police, it is considered a burden on the national and local governments shall not. Other legislation to be maintained and enlarged “autonomy police system” The nationwide Police Act and so on, And six of the above laws will have to be amended by a separate amendment procedure, the ‘City. Police also grant financial law’ is a new law to be enacted. Else seems to be more than twenty, such as the Road Traffic Law. Administrative Appeals batch is to be revised by-laws of the Police Act.
  • 17.

    A Study on the Improvement of the Laws and Systems on Compensation for Persons of National Merit - with priority given to the recognition of national meritorious persons -

    seon eun ae | 2016, 75() | pp.385~403 | number of Cited : 4
    Abstract
    Our country's policies for patriots and veterans are primarily intended to admire the sacrifices of meritorious people for the nation to inspire people with patriotism in accordance with Article 1 of the Framework Act on Veterans Affairs. Accordingly, these policies are linked to national identity, and every country pushes ahead with this sort of policies in their own ways as one of administrative measures to represent national identity on the basis of the dominant ideology that has been built on its historical background and circumstances. The Constitution of our country provides an opportunity of work for the families of persons of national merit on the preferential basis, and the Framework Act on Veterans Affairs and the acts on treatment and support for national meritorious persons include regulations on eligibility, the types of national meritorious persons and compensation. According to these acts, there are four types of national meritorious persons: fighters for national independence, war veterans, social contributors and others. And there are separate acts to respectively deal with the four types of persons of national merit. The different standards of the separate acts result in detracting from the systemicity and rationality of recognition criteria for persons of national merit, and there are consequently various problems with deliberation and decision on the recognition of these persons and with related work performance Currently, two different organizations that are the Ministry of Patriots & Veterans Affairs and the Patriots and Veterans Review Commission are responsible for deliberation and decision on the recognition and related work performance. In the future, the Patriots and Veterans Review Commission should assume the exclusive responsibility as a collegiate administrative agency. In addition, applicants have to prove their eligibility at present, and it's required for the government to prove their eligibility, instead. Information release also is necessary to ensure the transparency of deliberation and decision, and objective recognition criteria should be announced. When those who are not eligible are recognized as persons of national merit, it gives rise to problems because there is no follow-up review to check if there's anything wrong with it. Therefore a permanent independent organ should be established to review the results of the recognition to correct wrong recognition cases to pay respect to persons of national merit who sacrificed themselves for the country.
  • 18.

    A Study on Business Promotion and Management of the Citizen Participation Systems

    박 재 익 | Cho Kye Pyo | 2016, 75() | pp.407~430 | number of Cited : 0
    Abstract
    The purpose of this study is to introduce the problems of citizen participation system, which is being expanded after the age of popular election, focused on Okcheon-gun and to draw the improvement direction after analysing its introduction process and operational status. It has been evaluated that the participation of citizen in popular election era is higher than the participation in the era that the central government had chosen the head of local government, and the way of its operation and details have been much improved. Behind the expansion of citizen participation and various participation methods, it may be asked whether details of citizen participation have been faithfully operated indeed. Because the citizen participation is carried on by officials who are in charged of its administrative work and the citizens conform to the way of which the officials have set. Therefore, besides the institutionalized systems that the central government implements over the nation, this study is to explore the introduction process, type, nature and operational status of the systems in which the local government voluntarily adopts and operates with fitting the local circumstances and to consider whether there are problems in the systems and improvement directions for them.
  • 19.

    A Critical Study on the Financial Consumer Protection Law

    오 정 현 | 2016, 75() | pp.431~452 | number of Cited : 0
    Abstract
    Recently, due to the global financial crisis and “Tong Yang liquidity crisis” consumer protection becomes hot issue. To cope with this situation, the Korean government is to enact a new consumer protection law. This article deals with two problems that the draft bill has. First, its adoption of the principle called “same rules for similarly-functioning products”. To be specific, the draft divides applicable financial products into four categories - deposit products, insurance products, investment products and consumer credit products. Then, it applies same regulations to all products. But in some cases, different marketing system of financial products requires differentiated regulations in spite of their similar financial function. Also, the draft applies the suitability principle to all financial products, including consumer credit products. However, in the sense that the banks burden the risk of consumer credit products whereas financial consumers burden the risk of other financial products, different approach is needed. Second, the lack of consistency between the applicability of the law and supervisory power exercisable under the law. As mentioned above, the law applies to all financial products but lacks supervisory power over such financial products. This leads to the inefficiency and unenforceability of the law.