2017, Vol.79, No.

Legal Evaluation and Tasks of 4-River Project

Jae Kwang Kim | 2017, 79 | pp.1~30 | number of Cited : 3

This study aims to assess 4-Rivers Project legally as follows: ① reviewing findings by the Evaluation Committee of 4-Rivers Project ② reviewing main contents of three audit results over 4-Rivers Project by the Board of Audit and Inspection of KOREA ③ reviewing the Supreme Court’s decision on the 4-Rivers Project’s case ④ reviewing legislation restoring 4 Rivers Project. First, the Evaluation Committee of 4-Rivers Project concluded that “as a result, the Four Rivers Project has been pursued to prevent flooding, secure water resources, improve water environment, and create cultural space near river and achieved desires in some parts. However, that has been carried forward in a hurry without engineering review and hearing public comment in a limited time, and made some adverse effects due to technical limitations of our river management at that time.” The 4th 4-Rivers Project Evaluation Report can be evaluated as having fairness and objectivity comparatively, so it is necessary for the current government to utilize it actively. Second, there have been three audits by the Board of Audit to the Four Rivers Project, and all of audits focused on illegal activities such as the business itself or contracts in the process, rather than the process of policy formulation. It is expected that the fourth audit will face many challenges compared to previous audits since it will focus on the process of policy formulation. The dispute regarding fairness of audit should not be repeated anymore. Third, the 4-Rivers Project showed the limit of judicial control over large-scale national projects. Therefore, it is urgently needed to complement the procedural requirements related to large-scale national projects and to improve the relevant laws and regulations. Fourth, the bill of “Special Act on Investigating Four Rivers Project, Dismantling Artificial Structures and Restoring(by Hong Young-pyo)” is submitted to National Assembly. This bill aims to dismantle the artificial structures and restore the changed environment and cultural assets due to the 4 Rivers Project through investigating and verifying it. It is necessary to discuss various aspects of the enactment of the legislation, to review it comprehensively. and to complement the lack of legal integrity such as definition including ‘4 major river re-naturalization’ or ‘4 major river restoration, and conflicts with other laws.

A Study on the Problems and Efficiency Improvement Plan Related to Urban Regeneration Projects in Urban Regeneration Act - Focusing on the New Deal Projects for the Urban Regeneration of Moon Jae In

lee jae sam | 2017, 79 | pp.31~61 | number of Cited : 14

Urban regeneration projects are aimed at contributing to improving the quality of life of citizens such as expanding the self-sustaining growth basis of a city, enhancing competitiveness and restoring local communities by strengthening the public's role and support for the restoration of economic, social and cultural vitality of a city. Moon Jae In Government has set a policy of regenerating old downtown areas and old-age residential areas by inputting a total of 50 trillion won that is 10 trillion won each year. Urban regeneration project methods are expected to be combined with various methods that utilize partial overall pulling down method, subway station area development, and public property such as public office. However, the urban regeneration new deal projects have the following problems in reality. First, there is concern that business value may be poor. In the urban regeneration projects, there may be a realistic limit for the public sector to autonomously conduct the related projects due to the high land value and business expenses. Second, the financial burden may be a problem. The budget for urban regeneration projects should mainly consist of government subsidies. However, it is expected to have a difficulty to secure the budget because the government subsidies should reflect the budget every year and the allocation formula is not specified. Third, job creation is a problem. Urban regeneration projects are closely related to the construction industry. The construction industry is undergoing a shortage of construction skilled manpower, and the proportion of the elderly citizens is increasing in the construction industry, and the aging process is progressing. Also, since the construction industry is based on the inferiority of the construction site and the skills learned in the site. even the opportunity to transfer on-the-job skills is decreasing. Fourth, consideration for vulnerable classes may be a problem. Urban regeneration projects are expected to have side effects from rising real estate prices in the corresponding region. Fifth, the speculation problem is concerned. First of all, if an area is selected as a candidate for an urban regeneration project, there is a possibility that land prices will rise by speculator's advancement beforehand and even if the government regulates speculation, there may be a limit to stabilizing the real estate market. Rather, transactions can be made in a negative way, resulting in the mass production of the law breakers. Regarding the problems of the urban regeneration projects like these, it is required to have an improvement plan for the effective urban regeneration projects as follows. First, the business value should be improved. the projects should be unfolded with the development of a sustainable city through the expansion of the concept of the public concern of urban regeneration. Second, sufficient financial resources should be prepared. To efficiently utilize the limited public resources, it is desirable to resolve the problem of inconsistency between the benefits and burdens of financial support by installing and operating special accounts for urban regeneration. Third, job creation should be improved. Urban regeneration projects should be preceded by economy-based urban regeneration projects, which create economic bases through public pre-investment to create jobs. Fourth, support for vulnerable classes should be enhanced. Urban regeneration projects must satisfy the needs of the vulnerable classes such as income, housing, medical care, and so forth so that housing life becomes stable. Fifth, measures to prevent speculation should be prepared. It is necessary to prepare rent restriction regulations to prevent the side effects of surging house prices and rents due to urban regeneration. it is necessary to eradicate speculative factors through measures for restraining real estate speculation, development profit redemption system, transfer income tax redemption, and facility allotment imposition.

- Eine Untersuchung über die verwaltungsrechtlichen Genehmigungen im Wiederaufbauvorhaben -

KANG, HYUN HO | 2017, 79 | pp.63~89 | number of Cited : 8

In unserem Land werden die Wiederaufbauvorhaben hier und dort durchgeführt. Diese Wiederaufbarvorhaben sind die Vorhaben, in denen die Wohnumgebung durch den Wiederaufbau der alten bzw. schlechten Wohnung verbessert werden. Die Durchführung des Wiederaufbauvorhabens wurde vor dem Erlaß des neuen Stadt und Wohnumgebung Sanierungsgesetz(SWSG) als privatrechtlichen Charakter angenommen, aber nach dem Erlaß des SWSG als öffentlich-rechtlich qualifiziert. Im Prozeß der Durchführung des Wiederaufbaus versucht die zuständige Behörde dessen Allgemeinwohlinteresse durch den privatrechtsgestaltenden Verwaltungsakt nämlich durch Genehmigung zu sichern. Darum nimmt das Rechtsinstitut Genehmigung im koreanischen SWSG eine zentrale Stelle als Regulierungsinstrument. Aber das Problem liegt darin, daß der Begriff Genehmiung und auch derer rechtlichen Bedeutung von den koreanischen Wissenschaftlern und auch von der Rechtsprechung sehr unterschiedlich betrachtet wird. M.E. ist dieses Problem auf die Unwissenheit über die Natur der Genehmigung zurückzuführen. Im koreanischen SWSG erscheinen Genehmigungen in den Momenten von öffentlich-rechtlicher Genossenschaft für Wiederaufbau(ÖRGW), Wiederaufbarvorhabenausführungsplan (WVAP), Geschäftsführungsverfügungsplan(GVP) etc. Die Kernnatur der Genehmiung liegt m.E. in Akzessorietätscharakter und Gestaltungswirkung gegenüber die Grundhandlungen der privaten Personen, die normalerweise private Rechtsverhältnisse sind. Daraus wird die Resultat gefolgt werden, daß der Umfang der Überprüfung der zuständigen Behörde bei der Genehmiung der Grundhandlung bis hin die allen wichtigen Bereichen erreicht werden sollte. Der Ansicht der Rechtsprechung, die Genehmiung der ÖRGW als rechtsgestaltenden Verwaltungsakt zu qualifizieren, ist zugestimmt werden, damit die Tätigkeit der ÖRGW effizient, ökonomisch und zügig durchgeführt werden kann und auch gleichzeitig derer Rechtssicherheit garantiert werden kann. Vor der Genehmiung der zuständigen Behörde sind der WVAP und auch der GVP nur bloß ein Entwurf, und sie werden durch die Genehmiung der zuständigen Behörde als verbindlichen Plan festgestellt. Darum ist die Rechtsnatur der Genehmiung für WVAP und GVP als einen Planfeststellung zu charakterisieren.

Entschädigung des Bodens mit öffentlich-rechtlicher Beschränkung - im Hinblick auf den Rechtsprechungen des kor. Supreme Court -

Myung-Ho， BAE , Shin, Bong-Ki | 2017, 79 | pp.91~122 | number of Cited : 8

Rechtliche Betrachtung der Verkabelung der Höchststromleitungen

Kil Joon Kyu | 2017, 79 | pp.123~145 | number of Cited : 3

Legal review on the long-term exploitation of urban parks

KIM, NAM WOOK | 2017, 79 | pp.147~174 | number of Cited : 11

A Legal Study on the Cultural Heritage Protection Zones and Historic and Cultural Environment Preservation Areas

Woo-Suk Chae | 2017, 79 | pp.175~195 | number of Cited : 2

The Right to Land Property-related Provisions in World Constitutionsand Review of the Implication for Constitutional Revision in Korea

Jeong Kuk Won | 2017, 79 | pp.197~220 | number of Cited : 6

In the Constitution of The Republic of Korea, there is no term for “right to land property”, but it is assured through guarantee of property rights as a basic rights on Article 23. From normative perspective, it consists of levels such as the guarantee of property rights of preamble in Article 1, contents and restriction of latter sentence of Article 1 is settled as law, imposition of duty of public welfare suitability of exerting property rights of Article 2 and approving public violation for public needs. When seeing the normative format of guarantee of property rights, there are more restriction than guarantee, which is to actualize the public benefit through restricting the right to land property. This study has organized and analyzed the guarantee of property rights of global constitutions and examined the current level of guarantee of property rights to land property in Korea. The right to land property is a part of basic right which should be guaranteed in high standard as long as it is guaranteed as property rights. The guarantee format of right to land property in global constitution are first, the case which it is guaranteed as property rights, second, the case which the social restriction of the guarantee of property rights an right to land property are both fixed, third, the case which the use or plan of land is fixed. As seen in the property rights provisions in world constitutions, Article 23 of Korean Constitution strictly regulates the characteristic of property right restriction like the German fundamental law. In future constitutions revision, there is a need to reorganize the format of regulation. In the future constitutional restriction, the problem related to right to land property is first, the problem about regulating the land along with property right, second, the problem about abolishing the duty of public welfare suitability regarding exercising property right, and third, the problem about specifying the territory as land in using and planning the territory. Article 23, Item 1 of Constitution says “ All the people’s property rights is guaranteed.” which does not require revision, but there is a need to consider revision of Article 23 Item 2 which says “exercise of property rights must suit public welfare”. The latter part of Article 23 Item 1 restricts saying “the details and restrictions are fixed by law”. Again in item 2, such social restriction is fixed and exercises two restriction excluding expropriation in the restricted format of guarantee of property rights. Therefore, there is a need to clarify the definition and details of norms by deleting the latter part of Item 1 or revising the restriction of Item 2. Also, as for the expropriation item of Article 23 Item 3, there is a need to specify the acceptance of property right to land acceptance by separating the land, or revise the compensation as full compensation rather than the proper compensation.

Legal Assignments for the Introduction of Crime Prevention Through Environmental Design for the Building of a Safe City

이동수 | 2017, 79 | pp.221~246 | number of Cited : 6

To protect life and property of people is the basic duties of the nation for the people. If a certain place has spatial closure or isolation from the surroundings it would have a extremely high possibility of crime occurrence originally naturally. Therefore the place would require proper levels of public engagement for the prevention of the expected crime occurrence. One of the famous means of crime prevention strategy is Crime Prevention Through Environmental Design(CPTED). CPTED emphasizes the deterrence of crime motivators in the spatial circumstance from the beginning of architectural design for the community. After 2000 the number of research about CPTED began to increase dramatically. With the Revision of Architecture Law on 2014 and the Notification of Crime Prevention Standard for Building in 2015 the legal and administrative foundation for the introduction of CPTED is prepared. However only the CCTV and emergency buttons are considered as the field tools of CPTED in the nation recently. Because of these uniform tools the effectiveness of crime prevention of CPTED is very limited since the environmental characteristics of crime places and crime contents are completely different between the crime places. Based on these understandings this research proposes the legal assignments for the improvement of the effectiveness of crime prevention of CPTED as follows. First, in order to enhance the effectiveness of crime prevention of CPTED it requires systemized management code for the special spaces in which the installation of crime prevention facilities is required obligatorily by the law. Second, it requires the evaluation of risks about the crime occurrence characteristics and spatial characteristics where the CPTED is applied. CPTED needs reliable crime information such as crime map for local community. To enhance the effectiveness of crime prevention of CPTED it requires legal amendment about the acquisition and provision of crime information. The outmost limitation of CPTED is the fact that it cannot accommodate unexpected human behavior. Finally, to supplement shortcomings of CPTED it requires active public participations and systemized system with public service personnel.

Rechtliche Argumente zur Einführung des Flächenzertifikatehandels in Deutschland

Seok,Ho-Young , Shin, Bong-Ki | 2017, 79 | pp.247~271 | number of Cited : 0

Land use regulation and the Struggle for legislation of Oregon State - Focusing on the Lessons of Oregon’s Ballot Measures 37 and 49 -

KIM MINBAE | 2017, 79 | pp.273~299 | number of Cited : 2

Generally, the law allows owners of property to demand compensation from state and local government for statutes and rules that restrict a person’s use of real property and reduce its value. But Oregon’s land use system failed to provide citizens with an adequate level of protection from regulatory takings. The legislature and the courts went too far in developing Oregon’s land use system without providing adequate remedies for aggrieved landowners. In 2004, most Oregonians had agreed that land use restrictions were a violation of property rights. Oregon voters passed ballot initiative Measure 37. Measure 37 provided that when land use regulations enacted after purchase of the land reduced its value, the government had to either compensate the owner or waive enforcement. In fact, it fundamentally reworked governmental compensation requirements. While permanent involuntary invasions of land almost always require compensation under the Fifth Amendment’s Takings Clause, courts have rarely found the same for regulatory restrictions. It was not until 1922, in Pennsylvania Coal Co. v. Mahon, that the U.S. Supreme Court held that regulations could ever constitute a taking. Measure 37 addressed Oregon voters concern that the government had gone too far in prohibiting landowners from using their land as they saw fit. However, the dramatic substantive changes proposed by Measure 37 raise a new important question. How far did the public go in tilting the balance. Planners and politicians recognize that Oregonians value individual property rights. Measure 37 has served as a wakeup call to legislators, judges, and land use officials to clarify and streamline existing law. Even if in some respects Measure 37 was a success, it failed to create an effective system of compensation for regulatory takings. On November 6, 2007, Oregonians approved Measure 49 by sixty-two percent. Measure 49 is a proposal by the 2007 Oregon Legislature to modify Measure 37 to give landowners who have filed Measure 37 claims the right to build a limited number of homes as compensation for land use regulations imposed after they acquired their properties. The Article proceed as follows. First, I provided some brief background on land use planning in Oregon. Second, I discuss by documenting the fact that Measure 37 resulted in development and the causes of Measure 37 impact. Third, I reviewed the lessons we should derive from Oregon’s experience. This Part also examine the way these lessons have played out with respect to Oregon’s Measure 49. Finally, I have reviewed as follows. The lesson offered by Measure 37 and 49 is that designing a regulatory takings system is no simple task. On the other hand, Measure 37 and 49 also demonstrates that it is possible for an initiative to succeed in a more round about way by challenging the established system and initiative’s values. The Oregon lessons provided on the ground evidence to help future legislators, courts, and scholars move beyond abstract theory and see a radically different approach to regulatory restrictions in practice. And the constitutional approach to regulatory takings on its head and requiring compensation for all losses due to post acquisition regulation, the Oregon experiment allows us to look at property through a new lens. Through this lens, classic arguments regarding land property rights, efficiency, and fairness were upended.

A Study on Urban Redevelopment Act for the Promotion of International Development Cooperation Programs

Jang Kyo-Sik | 2017, 79 | pp.301~317 | number of Cited : 1

The Republic of Korea has drawn a great attention from the world due to its rapid economic growth, so-called ‘the Miracle of the Hangang River.’ In particular, the country’s interest in the laws which were helpful in achieving the economic success and processes to improve the related problems have been appealing. In fact, Korea is a rare case which has shifted from an aid recipient to an air donor within a short period of time. It’s been the epitome of success among underdeveloped countries. For the states with similar past growth patterns with South Korea, therefore, Korea’s success story would be very attractive in that they would be able to establish laws through which they could accomplish economic development. Hence, a modulation plan is needed as a way to introduce Korea’s Urban Redevelopment Act to target countries and help them implement it efficiently. In other words, considering the problems which occurred at the application of the history of legislation and laws, there is a necessity to suggest a guideline to avoid the same error in applying the similar laws in target states. For this, this study has searched for a modulation plan for a Korean-style urban redevelopment law after analyzing Korea’s urban redevelopment laws by period and reviewing major enactments and revisions of the laws according to contemporary and cultural backgrounds. It appears that the modulation of Korean-style urban redevelopment laws would enhance the effectiveness of redevelopment programs in underdeveloped countries based on Korea’s experiences in urban redevelopment laws as international development cooperation programs. Furthermore, it is anticipated that the sharing of experiences through these programs would make a contribution to the common prosperity of a global society and partnered growth with the world.

A Study on the Compensation Standard for the Underground Space Use

kyungkyu seo | 2017, 79 | pp.319~344 | number of Cited : 4

A study on management body of the collective buildings

Lim, Suk-Nyeo | 2017, 79 | pp.345~359 | number of Cited : 0

High Voltage Direct Current(HVDC) Transmission Line and Compensation in Canada

Soon Chul Huh | 2017, 79 | pp.361~383 | number of Cited : 1

Recently, high voltage direct current (HVDC) transmission systems have been used in many countries such as Canada not only because HVDC converter for bulk transmission has been developed and the demand for direct current increases but also because HVDC has many advantages for long distance transmission compared to HVAC. In South Korea, HVDC transmission lines are going to be built in the sections from northern Dangjin to Koduk and from Sinhanwol to Singapyeong. 「An Act on Compensation and Support for the Surrounding Area of Power Transmission and Converting Structures」, which was adopted in 2014 by the National Assembly of Korea, provides the legal grounds such as support for the surrounding area of power transmission and converting structures, monetary compensation for condemned land and offer to buy a residential house, etc. However, the Act has a defect that 500kV HVDC is not regulated by it because it defines the surrounding area of power transmission line as the area near the right-of-way of 765kV and 345kV transmission lines respectively. HVDC system, which is used for bulk power transmission for long distance, boosts AC power generated at a power plant to a high voltage through AC transformer and converts to HVDC through a rectifier for transmission, then reconverted to AC through an inverter and transforms to a lower voltage for use. A few companies have exclusively developed this high technology, which has been widely used in the countries including Canada and China. In Canada, the Provinces have the Surface Right Board to regulate the legal disputes over installation of power transmission lines. In case of installing HVDC, an operator usually does not purchase the land outright for a right-of-way, but negotiates with a landowner for fair and reasonable compensation. When the negotiation fails, the operator may apply for a Right of Entry Order. If the order is issued, the operator compensates for entry fee and easement, etc. Determining the compensation, the Board may consider the factors such as the amount of the land granted to the operator based on the highest approved use, the loss of use value, nuisance, inconvenience and noise, etc. However, the operator does not compensate for electromagnetic fields because the static magnetic fields produced by HVDC is usually very low and may be ignored unlike that by HVAC. Due to an advantage that an HVDC transmission can carry a higher effective voltage than an HVAC of equivalent size, HVDC is more economical transmission method than HVAC when the transmission distance is greater than the break even distance, despite the cost of an HVDC converter station is much higher than that of an AC substation. It is also expected that HVDC is to be more used in the future in that it needs smaller size of steel tower and right-of-way than those of HVAC. In particular, the fact that HVDC generates electromagnetic fields very low compared to HVAC has an important implication for Korea where has had a lot of claims against power transmission lines.

Development Plans for Regulations regarding Energy Business Planning Procedure - Centered around 「Electric Power Source Development Promotion Act」 for construction of power plants and etc.

Oksun Baek | 2017, 79 | pp.385~422 | number of Cited : 4

Issues regarding energy policies and business planning have come to light following the transfer of power to the new government. The fundamental question of whether the government will be able to freely make and implement decisions regarding energy policies and business planning or whether a certain amount of popular consensus will implement into decision making is being open to debate. While in the past there were cases of social issues and conflicts regarding the installation of energy facilities such as power plants and transmission lines, due to the nature of the field of energy placing the highest value its stable production and supply, these issues were never truly brought into the frontline. However, currently the need for the discussions of nation-wide energy business planning including its implementation and modification especially in regards to its regulation proceedings have amplified. With this background, this paper aims to discuss the overall procedures of implementing energy business planning. As most regulations regarding the energy industry is spontaneously developed under various different legislations, there is a limitation to reviewing all energy related regulations. Due to the nature of this research to provide a proposal for improvement on regulations related to energy business planning development and detailed implementation procedures, the legislation that aims for the efficient installation of energy facilities, 「Electric Power Source Development Promotion Act」, was reviewed in detail. In particular this paper holds significance, as most large scale energy plants and transmission line installation were based on the regulations provided in the 「Electric Power Source Development Promotion Act」 but there has not been any significant study on its implications. In addition, since the establishment of the 「Electric Power Source Development Promotion Act」 in 1978, there have only been 6 amendments, and there needs to be a review on whether this legislation remains necessary for the modern-day energy industry. Implementing a more critical outlook, this paper can be divided into three larger sections. First, energy law and overall energy business planning organization and stages are reviewed, with a focus on the relationship between government administrative planning and energy business companies' business plans for energy business implementation. Second, the study and identification of problems with the business implementation procedures of the currently implemented 「Electric Power Source Development Promotion Act」. Finally, proposals on how to revise legislations related to the planning procedures in order to drive large scale national energy business projects are specified.

Legal Issues and Improvement Directions regarding Special Provision of Housing by the Public Expropriation

Lee,Heon-Seok | 2017, 79 | pp.423~441 | number of Cited : 3

Those who offered land for public development projects, suffer form gaining alternative land and requiring longtime to resettlement even if they were received just compensation. To resolve this problems government has made several measures but it was not enough to establish fundamental migration policy. Some resident, who have stable living foundation, is prone to take free-migration. In these respect, to provide not just nominal but substantial migration policy, the project developers must carry out migration policy like preparing housing. The "Special Provision of Housing or Purchase Right for Migrants", which forms a part of the relocation measures, involve the project implementers creating housing lots within or near the relevant project district pursuant to relevant laws such as the Housing Act and the Housing Site Development Promotion Act. In order to improve such relocation measures and system of special provision of housing for migrants, first, legal feature of special provision of housing or purchase right has to be considered as the just compensation. From the idea about just compensation, the livelihood compensation has to be granted as a constitutional right of displaced people whose property rights were in fringed. Second, the relevant laws should incorporate detailed delegation provisions regarding relocation measures so that relocation measures applicable by project and by project implementer do not change and the applicable provisions and standards of relocation measures by project should be adjusted to be similar. Third, relocation measures should be established at an early stage so that it may be included as a matter for ruling and the suggestions of migrants subject to relocation measures should be actively heard and reflected during the establishment and implementation stage of relocation measures.

Measures to Ensure Effectiveness of Administrative Appeals ruling

Kim, Bong-chae | 2017, 79 | pp.443~465 | number of Cited : 0

It is the core of the administrative judicial system to ensure the effectiveness of Rulings. The direct disposition system was introduced in the Administrative Appeals Act in order to ensure the effectiveness of the resolution, but the Commission did not directly dispose of it. The reason is that there are certain limitations such as the nature of the disposition or information held only by the administrative agency, or in the case of dispositions requiring a high level of expertise, and there is virtual or operational problem such as a certain limit, or the passive attitude of local governments. Therefore, I have suggested several measures to solve the above problems and to secure the effectiveness of Rulings; ① some supplement of the direct disposition system, ② indirect compulsion, and ③ linking the audit system etc. As a way to supplement the direct disposal system, It is necessary to establish a professional and independent organization capable of handling direct dispositions, and to be able to listen to and consult with the administrative agency when the committee is directly dispossessed. And Indirect Compulsion is an effective way of ensuring the effectiveness of rulings in the passive aspects of direct disposition. Therefore, indirect compulsion has been examined as a system to supplement the limitations of direct disposal. Since the Indirect Compulsion is not a fulfillment of the contents of the judgment but merely a compensation for damages, it is insufficient to actually guarantee the rights of the people has been infringed. There are some opinions that "Indirect Compulsion should be operated to the extent of supplementing the direct disposal system, should not be allowed if disposition is possible", but indirect enforcement is permitted even if direct disposition is possible. The Administrative Appeals Act, revised on April 18, 2017, stipulates the indirect enforcement system and the direct disposal system in parallel, allowing the applicant to apply selectively. And In order to secure the effectiveness of the reorganization, it was found that the operation in conjunction with the audit system had a considerable effect. Therefore, in order to ensure the effectiveness of the ruling, it is necessary to establish a basis regulation that can be linked with the audit system and Commissions investigate whether a disposition has been implemented or not and request an audit. practice, action, carry out, implement, fulfill, put sth into practice[action

Comparative legal review and improvement measures about Contribution system

SUNG, JOONG TAK | 2017, 79 | pp.467~491 | number of Cited : 5

Eine Studie über den Inhalt und die Grenze der verfassungsrechtlichen Gewährleistung der Finazhoheit der Kommunalen Körperschaft - Auf die Pflicht und Funktion des Staats für ausgegliechende Entwicklung der Kommunalen Körperschaft eingestellt -

Kim,Hee-Gon | 2017, 79 | pp.493~524 | number of Cited : 4

The disaster caused by disease and its reaction for public law

JEON HOON | 2017, 79 | pp.525~544 | number of Cited : 12

a study on regal aspects relating to regulation reform in globalization era

JEONG, HA MYOUNG | 2017, 79 | pp.545~560 | number of Cited : 0

A Study on the Central Administrative Organization and the Local Administrative Organization in the French Constitution

CHUNG SUNG BEOM , BAEK YUN CHUL | 2017, 79 | pp.561~581 | number of Cited : 1

This thesis is to discuss the implications of the French Constitution on the central administrative organization and local administrative organization in French. The thesis is to discuss French government movements before discussing the French Central Government and local administrative bodies, let's take a look at the French government. A semi-presidential system is a system of government in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of a state. It differs from a parliamentary republic in that it has a popularly elected head of state, who is more than a purely ceremonial figurehead, and from the presidential system in that the cabinet, although named by the president, is responsible to the legislature, which may force the cabinet to resign through a motion of no confidence. France is still a single centralized state based on the principle of unity in the Constitution. The decentralization of France began in 1982 and has reached the present. However, there are criticisms that the central government still exercises too much power and that there is not much work that local governments can do in spite of decentralization in France. However, the decentralization reform in France is considered to be one of the most successful reforms of the local system in the world. In France, after the decentralization law was enacted, the hierarchical supervision between the higher local governments and the lower local governments was abolished. That is, higher local governments can not give direction or supervision to lower local governments. Thus, the relationship between higher local governments and lower local governments has shifted from vertical to horizontal relations. In other words, senior and subordinate organizations are only partners. And the supervisory relationship was abolished. However, regional and national plans are made by Région. And the process of participation is divided by the contrats de plan between the département and the commune. In addition, the relationship between the state and local governments does not mean that the state oversees the municipalities as in the past. This relationship is based on mutual agreement between the state and local governments or municipalities. In this respect, it is in principle reasonable for Korea to reorganize the relationship between local autonomous entities and the relationship between local autonomous entities and the central government into a horizontal relationship based on a simple vertical relationship and a cooperative spirit. If it is difficult to establish such an overall horizontal relationship, I think it is desirable to reorganize the horizontal relationship only among local governments. If this horizontal relationship is reorganized, if there is a dispute over the distribution of authority, the relationship between the local governments should be resolved by the intervention of the judiciary as a matter of interpretation of the contract. The introduction of such a contractual procedure is a result of promoting the “enterpriseization” of local governments. If we look at the current Korean elections, local election candidates were elected by competition. In general, however, the candidates were nominated by the boss of the party's governing body or factions. And the election was abolished by the principle of territoriality and hegemony, which is the fundamental principle of democracy. The local elections were carried out by factional politics and regional ostracism, and the result was a decline of local democracy. At this time, the French Local Autonomy Act seems to give us a lot of lessons.

Review the Necessity of Amending Related Laws and Enactment of Ordinances for Smart City Activation

LEE SOONJA | 2017, 79 | pp.583~609 | number of Cited : 10

A Study on the Method of Expansion of Standing to Sue

Seol Kye Kyoung | 2017, 79 | pp.611~629 | number of Cited : 2

Legal and Institutional Review on the National Pension Service

seon eun ae | 2017, 79 | pp.631~647 | number of Cited : 1

The entire world's entry into industrialized society has been concurrent with social risks that are difficult for individuals to deal with such as environmental pollution, industrial disasters or unemployment, and the government has to intervene in various personal or family problems and solve the problems due to the dissolution of the large family system. To resolve these problems, the government introduced the national pension service in an effort to solve the poverty problem of the elderly. In our country, the national pension service was introduced to make a contribution to the stabilization of people's livelihood and their welfare by guaranteeing the subscriber long-term income from his or her own contributions in case of the occurrence of social risks such as aging, diseases or death. In this system, there are two different kinds of benefits depending on the way of payment: pension benefits and lump-sum refund. As for pension benefits, there are old-age pension, disability pension and survivor pension. Regarding lump-sun refund, there are lump-sum refund and lump-sun death payment. Specifically, the revision of pension-income splitting is necessary because it's judged that this is against the constitution, though it was introduced in 1998 to guarantee the old-age livelihood of the subscriber's ex-spouse who has no income. Concerning the revision of Article 64 of the national pension act, the ex-spouse who was actually not in a marital relationship with the subscriber before divorce because of separation or running away from home and eventually made no contribution to the pensionable right shouldn't be allowed to file a claim for pension-income splitting during that period. As to survivor pension, the coverage of survivor pension should be expanded, and the pensionable right shouldn't be extinguished by remarriage. If the survivor earns a living due to remarriage, the survivor pension should be reduced or split with the contingent beneficiary. Regarding childbirth credit, the period of subscription should be estimated when the recipient has two or more children, and the period shouldn't be limited to 50 months. Instead, it seems advisable that the period should be 12 months per child. Finally, childcare pension should be introduced to make a contribution to the stabilization of people's livelihood and their welfare by expanding the pensionable right of women who stop to work or give up working to raise their children.

A Study on the Legal Issues of the Ordinance for Students Human Rights & Teacher’s Authority Protecting

Jeong Hoe Gun , Kim Hun | 2017, 79 | pp.649~673 | number of Cited : 4

This study investigated legality of the ordinances related to students’ human rights and teachers’ right protection in terms of rule of law, and discussed the legal issues and solutions of the subject based on recent precedents of the Supreme Court. In this study, Chapter II reviewed previous research, legal grounds, and general theory of ordinance, and Chapter III analyzed ordinances related to students’ human rights and teachers’ right protection that cause legal issues. The summary of the study is as follows: First, the Students ’Human Rights Ordinance, despite its necessity for guaranteeing and expanding human rights of students, causes problems related to the norms and system in various aspects, such as issues from the perspective of human rights law in terms of the essence and details of students’ human rights; possible conflict with teachers’ rights ; issues from the perspective of education law in terms of the mean stoensure effectiveness in education administration; and problems with autonomous legislation in terms of its legislative form. In particular, legal issues related to the scope and limits of the ordinance enactment right are critical for legalizing the Students’ Human Rights Ordinance due to its nature as an ordinance. The core questions of these issues relate to, for instance, whether assigning and executing two hours of human rights education violates the limit of the ordinance enactment right, because curriculum is part of national services; whether the ordinance regulations violate the principle of primacy of the law or the right of the municipal or provincial superintendent of education to install administrative machinery and propose an ordinance; and the scope of subject of inquiry in the litigation for invalidation of re-decision of the ordinance filed by the competent Minister. Second, the School Self-Governance Ordinance and Ordinance for Teachers’ Right Production and Educational Activity Support view provisions related to mandatory installation of self-governing organization that is not specified by a higher law and to status and human resource management of the faculty are part of national services and, thereby, illegal. In that regard, Minister of Education is allowed to Judicial Control take legal action against illegal decision(ordinance) made by a municipal or provincial assembly according to Local Autonomy Law Article 172 ⑦ despite refusal of the relevant superintendent of education to a request for re-approval of such ordinance. Therefore, it is necessary to use caution when permitting judicial control of illegal ordinance by the competent Minister. In the end, the rights of students and those of teachers are intertwined as they are both parties of education and, therefore, this study proposed interpreting the issues from the perspective of public good.

A legal review on law of administrative organization and governmentorganization reshuffle

WON JUNG KIM , Yang Cheol-Ho | 2017, 79 | pp.675~689 | number of Cited : 2

Die Doppelnatur des Verwaltungshandelns als Irreweg der verwaltungsrechtlichen Handlungsformenlehre

Jonghyun Seok | 2017, 79 | pp.691~709 | number of Cited : 1

The Policy Implication of The Source of Immigration Law and The History of Immigration Law in U.S.

Kim, Sung-Bae | 2017, 79 | pp.711~735 | number of Cited : 2

Although the United States is generally known as a heaven of immigrants, it is not the only immigrant-friendly country that can be seen in recent anti-immigration policies of President Trump. If considering of the history of US immigration law, it is hard to simply classify the United States as an immigrant welfare state or immigration equality state. The fact that US has composed of immigrants born in other countries rather than the natives can not be classified as an example of immigrant heaven or immigration policy. Early stage of independence from Britain, it was the state government that led the immigration policy in the early days. On the basis of the precedents of the Supreme Court, the federal government took the lead in the formation and development of immigration policies, and at the heart of it was the United States Congress. Although the federal Congress took the initiative in the early formation and development of immigration law in the United States, unlike other administrative areas in specific enforcement, it gives the president broad authority and administrative discretion to the immigration administration. Specific standards of immigration law have set forth by regulations and administrative rules. Trump's recent anti-immigration policy is not a result of Congress's amendment of immigration laws, but rather the administration's mandate to abolish the Obama Administration's administrative orders or to launch new anti-immigrant administrative orders. The changes in the US immigration system show that immigration policies have been created and legislated for the national interest perspective. Although some immigration policies to strengthen human rights, the US immigration policy has changed more and more conservatively since 9/11. In the meantime, various administrative measures belonging to state jurisdiction are also proceeding in order to strengthen the authority of the federal government in the immigration administration, such as complying with the standards of the federal government, and to expand the discretion of the administrative bodies related to immigration. It is proceeding in the direction of expanding the discretion of federal administrative agencies related to immigration. In other words, changes in immigration law have not changed in one direction, but have changed in accordance with social needs and needs under the big framework of national interests. Since the mid-1990s, legislative measures have been put in place to harmonize social and economic interests by emphasizing immigrants' personal responsibilities and ensuring that they are not eligible for social assistance and providing emergency eviction procedures for immigrants. 90% of the budget of administrative agencies related to immigration is covered by commissions and so on (Beneficiary Pay Principle). The United States Supreme Court has adopted a wide range of discretion in the interpretation and application of immigration policy and immigration law. In other words, the judiciary does not actively intervene in the decision of immigration policy decision through the precedents in which the broader discretion is given to the immigration administrator and the immigration administration. However, the adjustment of the imposition of the immigration policy by the president means that the immigration policy can be changed completely through the period of regime change.

A Study on the Regulation in Intelligent Information Society

Kwonil KIM , Jae-Ho Kim | 2017, 79 | pp.737~760 | number of Cited : 12

This study focuses on the arrival of the 4th industrial revolution, the meaning of regulation regarding the preparation of Intelligent Information Society and issues surrounding these discussions. Especially due to unpredictable technological advancements and the speed of development in Intelligent Information Society, members of society, such as developers and consumers inevitably lack of clarity. In order to solve this problem, the need regulation comes to the fore. Despite the need for regulation, the problem about how it should be regulated arises. First, there is problem of whether it should be regular regulation or separate regulation. An example of regular regulation is to decide on a general law for Intelligent Information Society to regulate all details. However, Intelligent Information Technology includes a wide breadth of technology such as artificial intelligence and Internet of things, which could cause problem with clarity of regulation target. Therefore, difficulty may occur when regulating Intelligent Information Technology with general laws. As a principle, regulation regarding Intelligent Information Technology should be separate and specific. Starting with separate and specific regulation, it would be more valid to create a general law after gathering common details. When looking at Intelligent Information Technology, especially artificial intelligence, regulating object can be distinguished developer the technology itself. For technological innovation and development, regulated self-regulation would be more appropriate command-and-control for regulation regarding developers. On the other hand, command-and-control regulation and regulated self-regulation would be valid in case of regulation regarding products that are directly associated with users’ safety. Expansion and application of temporary permission policy will be needed to resolve the absence of regulation in Intelligent Information Society. However, considerable discretion will be needed when providing regulation sandbox polic about un-regulation and deregulation.

ecentralization and Revision of the korean constitution

Moon, Byoung Hyo | 2017, 79 | pp.761~787 | number of Cited : 15

This paper deals with decentralization and constitutional issues. We discussed the meaning of the decentralization and the issue in the amendment. The Revision of the korean constitution for decentralization is desirable, but decentralization is not necessarily realized by the amendment. And the realization of decentralization itself can not be a goal. What should be done through the realization of decentralization should be the ultimate goal. It is possible to take measures to actualize decentralization as much as possible under the current law. However, legislative measures should be based on the concession of central political power, but this is not a simple matter that can be solved. In this sense, the reform of the decentralization through the amendment can become a means of realizing the decentralization at any moment. However, the goal of decentralization through amendment is also difficult to achieve. There is a wide spectrum of constitutional amendments and there is a lot of interest, especially in the concession of political power and the will to reform the decentralization. What is being addressed as a key issue in decentralization and amendment is bilateralism, federalism and the expansion of autonomous legislative rights. In addition, what it should not be forgotten in preparing for the amendment is the enlargement of citizen participation and the quality of the public life. We must consider why many overseas cases are remembered as successful cases of decentralization and inhabitants' participation. Decentralization without the participation of the residents is limited. If there is no citizen participation, even if they are granted autonomy, they can become a tool to represent a specific interest group. The actual decentralization is to give the locals major decision-making powers. Decentralization, inhabitants participation, and substantial empowerment will be key issues. The amendment for decentralization should be a step toward substantive democracy beyond the current dominated by the top-down paradigm. Local governments should realize politics that will help the welfare and quality of life of local residents. There is a very tight time for the abrupt revision of the constitutional debate to reach the constitutional realization.

A Study on the Change of the Population in the Period and Suggestions - Mainly in the metropolitan area -

Cho Kye Pyo | 2017, 79 | pp.789~813 | number of Cited : 0

The population of Seoul has historical significance in Korea. Since the emancipation, population concentration in Seoul began in the 1960s. The state-led industrialization policy has caused rapid population concentration in Seoul. These factors are, above all, economic reasons related to jobs. On the other hand, population growth in Seoul caused various social problems, and regional imbalance caused by the decrease of local population. Moreover, the construction of new towns such as Bundang and Ilsan, which were constructed to solve the housing shortage in Seoul in the 1980s, led to the overcrowding of the metropolitan area, and more and more people were finding jobs and concentrated in Seoul. The population change in Seoul has become a national problem, not just limited Seoul city. Whenever the regime was replaced, the population dispersion policy was implemented. In the 1970s, in order to curb the concentration of population and industry into Seoul, government offices and state-owned enterprises moved to the Gangnam area and implemented the policy of establishing large industrial complex in provinces. In the 1980s, the selection of 15 growth urban centers in the provinces and the establishment of the Metropolitan Area Maintenance Planning Act were promoted in order to balance the development of the metropolitan area and balanced development of the land. In the 1990s, the Third National Land Development Comprehensive Plan was set as the basic goal of decentralization type. As a strategy for this purpose, local growth and concentration control policy of the Seoul metropolitan area were adopted. In the 2000s, the Roh Moo - hyun government built the Sejong new town in the Chungcheong-do as a reason to solve the traffic congestion and population overcrowding problem in the metropolitan area by transferring the central hub to the province. Despite this policy of the previous government, the concentration of population in the metropolitan area has brought about the adverse effects of traffic problems, environmental pollution, and rising house prices. Therefore, this paper examines the problems caused by population change in Seoul and looks at what policies were implemented in the era and suggest alternatives.

A Legal Position of North Korea in the Domestic Legal System and Legal Function of the North Korean Human Rights Act

Yongjeon Choi | 2017, 79 | pp.815~837 | number of Cited : 3

Ⅰ. Introcuction On September 14 1981, North Korea joined codes A and B without reservations. The two Koreas joined the United Nations at the 46th UN General Assembly in 1991. Therefore, both South and North Korea bear international obligations to guarantee the basic human rights stipulated in the International Covenant and have the right to demand each other to adhere to the International Covenant. However, the fact that North Korean citizens are subjected to severe human rights violations has been well documented. The testimony of North Korean refugees and the reports of international human rights groups shows the unbelievable atrocities committed by the North Korean regime. They seem incredible when first encountered. In Korea, the only country on the Korean Peninsula, the constitution has been enacted since 1948 and the territory south of the Military Demarcation Line and the 38th parallel is the territory of The Republic of Korea(ROK). The ROK is unable to take effective measures against human rights violations in North Korea. In other words, there is validity but there is no effectiveness. It is a dominant view that the North Korean region is legally a territory of South Korea but as it is in fact ruled by the illegal North Korean government, South Korea's laws are ineffective. On the other hand, as South and North Korea concluded the South-North Agreements in 1991 to realize the principle of peaceful unification, the ROK seems to recognize North Korea as a sovereign nation in international law. Despite these changes in the international environment, the human rights situation in North Korea has not been improved. However, the North Korean Human Rights Act was recently enacted and has been laid out to protect the human rights of people living in North Korea. Therefore, it is necessary to examine measures to improve the human rights of North Korean residents by studying the legal functions of the North Korean Human Rights Act with respect to the domestic legal status of North Korea. Ⅱ. North Korea’s Domestic Legal Status Article 3 of the Constitution of the Republic of Korea stipulates the territory of Korea as 'the Korean peninsula and its adjacent is lands'. Thus, the territory of the Republic of Korea refers to the entire peninsula, including the present territory of North Korea and its adjacent islands. Since the first constitution was drafted by Dr. Yoo Jinoo, the territory of North Korea has been prescriptively confirmed as the territory of the Republic of Korea. This interpretation aligns with the intentions of this regulation, and therefore implies that North Korea is a ‘puppet state’ that illegally occupies the territory of the Republic of Korea and must be considered an ‘anti-state organization’. According to the domestic theories of legal status of North Korea, there are many theories such as 'illegal organization theory of North Korea' mentioned above, 'theory of ends and means' as Article 3 and 4 respectively, 'political declaration theory' regarding the effect of territory clause as a political declaration', 'theory of changes of Constitution' that viewed the essential meaning of territory clause as lost by the joint communique of 4 July 1972 betweent he South and the North of Korea, simultaneous joining UN by the South and the North of Korea(1991) and effectivation of Inter-Korea Basic Agreement(1992), and 'priority of unification clause' which restricts the territory clause by giving priority to peaceful unification clause of Article 4 interms of general act and special act, new and old law of territory clause and peaceful unification clause, but all of these theories didn't recognize the sovereignty of North Korea. The Constitutional Court of Korea saw the simultaneous joining UN by the South and North of Korea as dualistic and such a dualism as internal special relationship in real area not as equal sovereign state. Therefore, the effect of the Constitution of the Republic of Korea covers the North Korea as the regulative binding force of the North Korea as a part of the territory of Korea and the legal status of North Korea as anti-government organization, a puppet group or illegal government is still valid. Ⅲ. Legal Function and legal issue of the North Korean Human Rights Act Regarding North Korea as a spatial area covered by sovereignty of South Korea, the domestic law of South Korea affects North Korea. The residents of North Korea are subject to the Nationality Law of the Republic of Korea, acquires the nationality of the Republic of Korea at birth and if they are under the control of sovereignty of the Republic of Korea released from the detainment of illegal government, they will be issued identification care of the Republic of Korea by the effect of Nationality Law and their intellectual property will be also protected by domestic law of Korea. While North Korea belongs to anti-government organization by National Security Law, Inter-Korean Exchange and Cooperation Act and Development of Inter-Korean Relations Act regard North Korea as the object of exchange and cooperation. National Security Law and Inter-Korean Exchange and Cooperation Act have different legal purposes and regulatory objects, but contribute to the development of inter-Korean relations and the maintenance of peaceful relations and should not be ranked through the principle of the new law priority. As North Korea has not given an obvious sign that it totally gave up the line of unification under communism to overthrow the liberal democracy of South Korea and it has not shown any internal democratic changes, it should be considered that North Korea is both a partner of dialog and cooperation for the peaceful unification and anti-government organization to overthrow the liberal democracy of Korea with the political line of unification under communism. Although Inter-Korean Summit Conference was held and inter-Korean exchange and cooperation was made, it should be not judged that anti-government organization policy of North Korea disappeared or regulatory power of National Security Law designed to ensure the national safety and survival and liberty by regulating anti-government acts was lost. North Korean Human Rights Act is the law for the purpose of actual protection and promotion of human rights for North Koreans by arranging various institutions and devices to protect their basic rights for liberty and survival because they are not guaranteed basic human rights and also threatened seriously in terms of health and life due to the lack of economic resources for food and medicine and medical supplies. North Korean Human Rights Act has independent legal system for ensuring North Korean human rights and complements a defect in Inter-Korean Exchange and Cooperation Act and Development of Inter-Korean Relations Act. North Korean Human Rights Act doesn't make a direct judgement about whether North Korea is anti-government organization or illegal government and sets necessary items for the protection of general human rights. Since it has different legal purposes from National Security Law, there is little possibility of conflict and is the unification-oriented law with Inter-Korean Exchange and Cooperation Act and Development of Inter-Korean Relations Act since the end of the cold war system. Therefore, there has been a contradiction that the domestic laws have not actual effects due to the illegal occupancy of North Korea regime, but the enaction of North Korean Human Rights Act was a chance to have an actual effects. It also means that legal and institutional strategy to ensure basic rights that the Constitution of the Republic of Korea grants the North Koreans was systematized. The enaction and effectivation of North Korean Human Rights Act had a system to ensure the establishment and enforcement of general and systematic human rights policy of North Korea and further ensured consistency to develop policies for the security of human rights of North Koreans without a great influence of changes of international situation and strained relations between the South and the North of Korea. Thus, although the claim that the spatial area covered by the sovereignty of the Republic of Korea is 'the Korean Peninsula and Islands annexed' was merely uncompleted expression, it might have the effect of strengthening actual effects of Constitution by promoting North Korean human rights through conversation with North Korea and humanitarian supports based on the optimum operation of North Korean Human Rights Act. Ⅳ. Conclusion As North Korean Human Rights Act provided the fodder for having legal effects of the Republic of Korea on the regions of North Korea, it played a great role in developing the actual effects of territory clause prescribed in Article 3 of Constitution of the Republic of Korea. But, since North Korean Human Rights Act may be an obstacle rather than a foothold for South-North relations, humanitarian support and the South-North dialogue that the North Korean regime can accept should be induced. Most suitable subjects and ranges should be decided on the basis of accurate demand survey so that the South-North dialog and humanitarian support by North Korean Human Rights Act can be a practical aid in promoting human rights of North Koreans.

A study on the American presidential system - focusing on the status and authority of president -

Lee Young Woo | 2017, 79 | pp.839~862 | number of Cited : 0

A Study on The Low Fertility and Super Aging Society in Japan

Choi, In Ho | 2017, 79 | pp.863~885 | number of Cited : 2

A Study of Laws for Prevention of Traffic Accidents by Elderly Drivers

Kim Chang-Hwee | 2017, 79 | pp.887~926 | number of Cited : 6

The aging process of the Koreans is proceeding rapidly. Along with improvement of living condition and development of science and medical technology, the hypofertile issue will lead the elderly population to be more than 14% of the entire population soon. Eventually, Korean society will have the elderly population of 20% to reach the hyper aging society. The issues regarding an increase in aging population may cause many domestic problems. The increase in aged population leads to the increase in elderly drivers, and the increase in elderly drivers leads to the increase in traffic accidents. The increase in traffic accidents may be viewed simply with orderly manner, but in this study, a traffic accident by an eldery driver is assumed to be originated from physical changes related to eyesight, hearing, and reaction speed because those physical changes bring different driving behaviors through four steps of identification, prediction, decision, and implementation by other drivers. Moreover, overconfidence and low awareness of traffic accident probability are discussed as causes of traffic accidents by elderly drivers. Surely, these factors may directly cause traffic accidents, but in fact elderly drivers put more effort for safety driving or avoid driving as they realize their physical changes. In other words, elderly drivers avoid bad weather, heavy traffic congestion, or unfamiliar roads. On the other sides, accidents by teenage drivers are also remarkable such that the correlation of elderly drivers may not be viewed with a biased and single-sided perspective. Nevertheless, traffic accidents by elderly drivers are partially correlated with changes in driving behaviors by physical and mental factors of elderly drivers. In this perspective, to prevent traffic accidents, there shall be continuous studies to determine the causal relationship between aging and traffic accidents. This study takes the probability of traffic accidents by physical and mental changes of elderly drivers and reviews the system to prevent traffic accidents. To prevent traffic accidents, the process of elimination(survival of fittest) and the compensatory approach(fitting for survival) have been evaluated to review the improvement in laws and systems. The process of elimination(survival of fittest) is to limit the freedom of general driving behaviors under the premise that the risk of traffic accidents by physical and mental issues of elderly drivers is higher than other drivers, and the compensatory approach(survival of fittest) is a measure of policy to rectify physical and mental problems. Especially, the process of elimination(survival of fittest) may collide with the general rights of behavioral freedom extracted from the rights to pursue happiness and human dignity, and thus the relative issues have been reviewed.

A Study on An Integrated Environmental Law

Moon-Hyun Koh , KYUNG-WON PARK | 2017, 79 | pp.927~951 | number of Cited : 3

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Pressure to reduce greenhouse gas emissions is increasing because agreement was signed by Paris Agreement in December of 2015. Republic of Korea proposed to reduce greenhouse gas emissions by 37 percent of the INDC in 2030 prior to Paris Agreement. Due to the establishment of more than fifty bustling environmental laws and regulations to deal with emergencies, even the government officials as well as the people have a difficulty in understanding environmental laws and regulations. This complex difficulty prevents the government officials from enforcing environmental laws efficiently and flexibly. In order to attain unity of the regulatory framework and its comprehensiveness and efficiency, it is necessary to unify the framework of the environmental laws into a single, concise, and easy way. Advanced countries such as France and Sweden in environment have already enacted integrated environmental laws. Today, however, coping with diverse and complex environmental issues through a single law can lead to the leviathan of a legislative owing to excessive delegation to the subordinate statutes. It is not an easy task as we can see it from 2010 German case which suffered bitter rejection of draft of an integrated environmental law in Parliament. It is necessary to analyze in a systematic way and prepare to avoid repeating prior trial and error such as the acceptance of Constitutional environmental article such as Article 35 in 1980. If it is difficult to establish a fully integrated environmental law from scratch, it is necessary to gradually expand it by integrating it into a similar category and gradually expanding it. In addition, it is not easy to provide capture, transport and storage of Carbon Dioxide in current Waste Management Act, Geological Water Act in order to reduce Carbon Dioxide. Under this situation, it can be a kind of integrating into a similar category to legislate a Single Act named ‘Act on Capture, Transport and Geological Storage of Carbon Dioxide’.

A Study on Treatment in a correctional institution for Prevention of sexual violence

Oh Sam Gwang | 2017, 79 | pp.953~967 | number of Cited : 1

A Study on the Legal Burdens for the Establishment ofthe Effective Policy for the Use of Vacant Houses

Han Sang Hoon | 2017, 79 | pp.969~1005 | number of Cited : 10

KJCKorea
Journal Central

Public Land Law Review 2023 KCI Impact Factor : 1.14

2017, Vol.79, No.