2018, Vol.81, No.

A Study on Property Tax Increase - Focused on U.S. Property Tax -

Park Min | 2018, 81 | pp.1~22 | number of Cited : 11

A study on indemnification for business losses in public work

Guk-Soo Jeon | 2018, 81 | pp.23~43 | number of Cited : 5

A Study on the Legal Problems of the Factory Establishment

Jung, Sunkyun | 2018, 81 | pp.45~64 | number of Cited : 4

Etude sur l’expropriation et l’indemnisation en droit français et ses implications

Oh Seung Gyu | 2018, 81 | pp.65~84 | number of Cited : 3

Le droit de propriété étant absolu et sacro-saint dans le droit de la société civile moderne, doît être maintenu en harmonie avec le bien-être public dans le principe de l'état social. L'expropriation, l'utilisation et la restriction de drois de propriété par nécessité publique en vertu de l’alinéa 3 de l'article 23 de la Constitution coréenne nécessitent un examen approfondi. Ce serait bénéfique de considérer le régime français de l'expropriation pour cause d’utilité publique et de l’indemnité de là. L’expropriation pour cause d’utilité publique en droit français est soumise à certaines restrictions telles que l’utilité publique, le paiement d'une indemnisation et le respect des procédures spéciales. Elle a été fondée sur l'article 17 de la Déclaration des droits de l'homme de 1789 et l'article 54 du Code civil napoléonien de 1804 et mise en œuvre pendant longtemps. Depuis 1977, les dispositions aient été intégré et exploité au code de l'expropriation pour cause d'utilité publique. En 2014, le nouveau Code a été adopté. Le sujet de l'expropriation est, en principe, l'État et le préfet de chaque département joue un rôle important. L'expropriation est possible en cas d'existence de l’utilité publique. Ce concept a été étendu par la législation et la jurisprudence, reflétant à la fois les concepts de service public et d'intérêt général. Depuis 1971, la proportionnalité est examinée en détail à partir de la théorie du bilan coût-avantages. L'expropriation est complétée par la phase judiciaire par le biais de phase administrative. En particulier, la décision d'indemnisation relève de la compétence du juge judiciaire et non du juge administratif. L'achèvement de la procédure d'enquête préalable et la décision par le juge sont avantageux en termes d'équité. La portée de l’expropriation est plus élastique par rapport à la notre. Après avoir examiné l'essence de la théorie de la jurisprudence, la valeur la plus importante devrait être d'assurer la validité de la garantie des droits. Le facteur le plus important est de savoir dans quelle mesure la législation de suivi, qui est la base de la compensation effective, est mise en œuvre et exécutée correctement.

Reconsideration of System of Deemed Approval and/or Permission

PARK KYUN SUNG , Jae Kwang Kim | 2018, 81 | pp.85~111 | number of Cited : 15

This study reviews legal issues regarding a system of deemed approval and/or permission, focusing on legislation, theory, cases, legal interpretation, in terms of – a. distinction between legal fiction of approval/permission and deemed permission and concentration effect as provided for in German law; b. submission of required documents; consultation between an authority granting approval and/or permission and an authority being deemed obtained such approval and/or permission; d. procedural requirements for approval and/or permission deemed to be granted; e. methods for reviewing substantive requirements for approval and/or permission deemed to be granted; f. validity of approval and/or permission deemed to be partially granted; g. effectiveness of approval/permission granted by a competent administrative authority; h. validity of re-granting of approval and/or permission by an Act, in which relevant approval and/or permission is already deemed granted; i, subject matter of appeal; j. possibility of imposition of various obligations in relation to approval and/or permission in accordance with an Act which provides for such approval and/or permission is deemed to be granted; k. follow-up management of affairs between approval and/or permission already granted and relevant approval and/or permission deemed to be granted. To conclude, first, since a system of deemed approval and/or permission has adapted to needs in Korea, we need to develop more appropriate legal principles for the system. Also, in order to obtain the entire picture of the system of deemed approval and/or permission, it is necessary to gain a comprehensive and in depth understanding of relevant legislation, theories, cases, legal interpretations, administrative practices. Furthermore, because deemed approval and/or permission has been given to conduct large-scale projects efficiently, to improve administrative efficiency, to simplify administration procedures, or otherwise required by laws governing large-scale infrastructure projects, there will not be too many substantive requirements for obtaining such approval and/or permission. Therefore, it is necessary to establish different procedures to consider substantive requirements for approval and/or permission.

A Study on the Effectiveness of the Urban Design Solutions by the Public Design - On Pubilc Design Promotion Act -

Kim Chang-Hwee | 2018, 81 | pp.113~144 | number of Cited : 5

A city is a physical space where people gather up to live. As a social animal, human gives and takes influences to each other and has relationship with each other. In such physical space, there are many urban problems, or social problems. There are problems like concentration of urban population, educational problems, environmental problems, traffic problems, and criminal problems, and the State considers and applies various measures to resolve such problems. Nowadays, the activities to use design to resolve such urban problems are being highlighted, especially to use the public design. The public design refers to an action of design or an outcome of design to improve public concern and aesthetic impression of public facilities or installations composed, manufactured, installed, operated, or managed by the central government or the local government. Through the public design, the State reconsiders the regional identity and quality and improve the cultural rights of people. Design is a creative activity to consider and determine how the artificial object to compose the environment of life may exist. Such design is essentially social and public. The public design grans an opportunity to enjoy even rights of culture and happy life for all members of society through design to serve public benefits. The public design is meaningful not because what it is dealing with but because the design itself is an attitude, a value, and a focal point to make the city for all members of society. By the way, the public design may be categorized into three types - public space design, public facility design, and public equipment and information design. The necessity of public design not only enhances the quality of people’s life but also improves the brand images of the State and the cities and creates economic values. In this study, centered on the “Public Design Promotion Act,” the specific roles of public design to resolve urban problems and the points to be improved on the Act to assure effectiveness have been proposed.

A Study on the Regal System about the Real Estate Industry - from Public Land Law to Real Estate Convergence Industry Law -

Yongjeon Choi | 2018, 81 | pp.145~169 | number of Cited : 1

The entry into the mature stage of the real estate market and the opening of the real estate market by the Korea - US FTA are demanding a new paradigm of real estate and realigning the new real estate industry. The response of the industry to this demand has evolved into a blend of other industries. The real estate industry is composed of multiplicative laws as a domain of the comprehensive industry based on land. In the area of public land law, there are the constitutional regulations on land, land ownership, planning, development, conservation, management, expropriation of land, restitution of development gains, tax, land information, market management, environment and so on. It also includes the building police act, which is the area of the building administrative law, and encompasses housing construction, supply, management, and rehabilitation, which are areas of the housing law. In reference to the Standard Industrial Classification of the Statistics Korea, the Bank of Korea's Industrial Input-Output Table, and the National Science and Technology Standard Classification Table of the Ministry of Science and ICT, the contents of the real estate industry are as follows: real estate leasing business, development business, supplying business, service business (brokerage business, advisory business, appariser bussiness) about land and things firmly affixed thereto. In addition, there are real estate convergence industry and real estate related industry. I reviewed the statutes related to these. It is technically difficult to bind various complex laws related to real estate to a single law. However, by enacting the definition, promotion system, promotion direction-setting, application of new convergence industry system, and real estate convergence law system of the real estate convergence industry, the Real Estate Convergence Industry Promotion Act will be needed for the emergence of real estate convergence industry.

Assessment of transfer income tax exemption system - Focusing on real estate tax -

KIM, NAM WOOK | 2018, 81 | pp.171~204 | number of Cited : 0

Recently, the government has been shifting the tax on capital gains tax on multi-lenders to heavy taxation, considering the overheating of the housing market, rather than maintaining the tax policy of easing the real estate transaction tax. The transfer tax reduction and exemption system of real estate is being typed in terms of balanced regional development, public utility support, land use efficiency, and national life stability in the Tax Exemptions and Exemption Act, and the range of exemptions is expanding widely. Such disguised real estate transfer and income tax exemption system may cause tax expenditures and hinder tax equality. Even though the real estate transfer income tax should be levied according to the bancassurance, it is a violation of the tax equality principle by the legislator to give preferential treatment to the taxpayer without the reasonable reason to deduct the transfer income tax, so the illegal issue of the real estate transfer tax reduction system . In addition, capital gains tax is an income tax that has been functioning as a means of curbing real estate speculation rather than providing financial resources and achieving redistribution of income for the purpose of the state. In order to realize the original taxation function of capital gains tax, do. In addition, it is necessary to seek clarification of the real estate transfer tax reduction and exemption system by the principle of clarity and strict interpretation principle, which is the principle of deriving the tax legalism because the real estate transfer tax reduction system is complex. In addition, although the exemption of real estate transfer income tax is recognized only after applying for reduction of taxes or special cases, it is necessary to specify legislative improvement measures because the Act on Tax Exemptions and Restriction of the Law may stipulate them by the presidential decrees. Therefore, after reviewing the concept of tax reduction and exemption in the Income Tax Law and the Restriction of Special Taxation Act and the current status of the real estate transfer tax reduction and exemption system, it is necessary to evaluate the real estate transfer income tax exemption and taxation exemption system as well as a comparative legal examination of foreign legislation, find ways to improve the income tax exemption system.

Study on the Steering Administration and Legislation for Control Water Disaster

Sung Bong Geun | 2018, 81 | pp.205~236 | number of Cited : 13

We can not help but worry about why the administration and the legislation for control water disaster have failed. Why have we repeated failures, and what parts should we fix and correct so that steer and control it. I want to solve the problem from looking at the causes of doubts and failures for control of it. In order that our society is justified, at first we must be able to legally govern the administrative system, including administration plans, so that we can effectively control disasters including water disaster with social consciousness. And we revise the local autonomy laws and ordinances so that we can make cooperative control administration system between the state and local governments. Recent trends in administrative law to prepare for water disasters are using way of PPP, which means cooperation system between government and people, central and local governments, and the interaction between administrative agencies etc. In particular, Acceptance is recently being emphasized globally. This means that the viewpoint of the legitimacy of the administrative action is switched from the administrative government to the viewpoint of the other party or third party among citizens. This is called Acceptance. At second, we should groupe the legal systems in the relevant fields in a diverse manner, and coordinate the legal systems and improve so that we can steer and control it effectively. For this purpose, we should be away from the point of narrowly responding to the identification of specific areas for example architecture and disasters. In addition to improving the construction law, the land regulation law, the road law and the river law, we should combine them with the environmental law so that performe the steering administration of it effectively. At third, We should shifted legal paradigm for water disaster from the post-tratment to the preventive principle (Katastrophenvorsorgeprinzip). We should now introduce step-by-step regulation of risk, which is classified in detail in the Western legal system into our legal system to provide a step-by-step comparison between the potential risk (Risiko) and the probable risk (Gefahr). We shall enact this new law theory and legislation specifically in the disaster law, anti-corruption law, building law, environmental law, local autonomy law and so on. And we shall make the administration for water disaster accordingly to this new system. In order to prevent legislation, we shall revise the law from a comprehensive point of view rather than merely accessing the micro-level which cause duplicate authority, administrative redundancy, waste of budget, and maladjustment in the field. At last, furthermore, it is now necessary to make joint efforts of the international community. Therefore, we need to consider of international law and control and maintenance of domestic law. Of course, We shall also take care not to neglect post-treatment of catastrophe( Katastrophennachsorge) . We shall make legislative and executive efforts to prevent the recurrence of flood damage, to minimize the damage, to reduce the residual risk, as well as to repair the loss compensation, relief and insurance system. We shall apply the new administrative law system to the existing system for the prevention of water disaster and change it so that our society can be defined just through common efforts.

A Study on the Legislations to Solve the Problem of Abandoned Houses

Woo-Suk Chae | 2018, 81 | pp.237~263 | number of Cited : 5

A comment on property inheritance and gift tax

Lim, Suk-Nyeo | 2018, 81 | pp.265~277 | number of Cited : 1

Since real estate tax policy is closely related to real estate, it is important to identify the characteristics of real estate and establish a real estate tax policy. There are many types of real estate tax that are levied on the assets that human beings make on the land which is a limited space, but real estate inheritance and gift tax are very important part of the national tax. In order to be taxable, differential taxation should be done according to the income level, and the equity and efficiency of the tax should be maximized. The inheritance tax and gift tax are levied before the property is free of charge. Inheritance tax has inheritance tax imposed on property left by death and inheritance tax imposed on property received from deceased person. The gift tax is levied on the free of charge basis between living persons. Inheritance and gift taxes play a role in reducing unequal distribution of wealth and inhibiting the concentration of wealth. The economic effect of inheritance tax and gift tax is to encourage the use of legal arrangements that minimize property planning and taxation. There are also effects on the company's financial structure and activities, which arise from two problems. One is the assessment of the value of property for tax purposes. Asset valuation creates the same problems as valuation of other assets. Another is that liquidity issues are an important consideration for asset planning because they are forced to liquidate assets for tax purposes. The tax burden on the gift tax relatively higher than the inheritance tax can be a factor that slows down the transfer of assets from the elderly to the younger age. In addition, the gift within 10 years before the death is regarded as inheritance and the inheritance tax is charged. Even though the gift tax already paid due to the high tax burden is higher than the inheritance tax to be paid, the parents who do not refund the tax will not be able to pay a high level of tax due to the child's great wealth. I think there is plenty of possibility. Therefore, if the tax burden is different due to the fact that the asset transfer time differs from the same asset transfer, it may cause distortion of the asset transfer act to lower the tax burden and may cause unnecessary social costs, so that the burden of inheritance tax and gift tax There is a need to improve the system so that it is similar. It is also necessary to review the unification of taxation methods of inheritance and bestowal. In addition, it is thought that improvement of the deduction system should be improved so that the deduction amount of the inheritance tax and the gift tax is similar, and the taxation of the inheritance tax and the gift tax should be lowered to facilitate the transfer of assets.

Issues on The Regulation of Artificial Intelligence

Kwang-soo Kim | 2018, 81 | pp.279~310 | number of Cited : 20

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Artificial intelligence has emerged as a variable that has had a profound impact on each part of our society in just a few years. Articles and issues related to artificial intelligence are published on the Internet almost every day, and it is common to explain future changes in connection with the development of artificial intelligence. The discussion on artificial intelligence is linked to various sectors of society. This article can be broadly called 'artificial intelligence and administrative law' or narrowly called 'artificial intelligence and regulatory law'. The purpose of this study is to examine how the regulatory law will develop in the social and technological environment in which artificial intelligence is emerging rather than artificial intelligence itself. The following questions are asked in this article. First, does artificial intelligence discussion mean a new stage in history? Second, does evolution of artificial intelligence bring about changes in the theory of law and practice? Third, what is the impact of artificial intelligence development on regulatory laws? Fourth, how is artificial intelligence expected to change the future of mankind in the long term perspective, and what is the regulatory response to it? We may not be able to give satisfactory answers to the above questions at this time. However, I will try to convince you that this is the time to seriously contemplate the above questions and to tell you that it is time to prepare answers for these questions. It is a suggestion to continue this discussion by solving the above problems through this article. In this paper, after introduction, I explained the artificial intelligence age and the change of regulation environmen(Ⅱ), the aspect of artificial intelligence regulation(Ⅲ), the regulatory implication of artificial intelligence(Ⅳ), the effect of artificial intelligence regulation on administrative law theory(Ⅴ), the artificial intelligence regulation as a long-term task(Ⅵ) and the conclusion in order. We sense that new information technology that utilizes artificial intelligence will not be far from the days of our society, such as transportation, medical services, legal services, and market analysis. The laws and regulations of the artificial intelligence era require new principles and regulatory methods that were not seen in the past. Even if artificial intelligence develops, the role of civil servants is not lost because the algorithms that make them possible are made by scientists and experts. However, the way of activity and regulation are different. The regulation based on artificial intelligence and its concrete form will become concrete through constant discussion and process. However, there is a fair consensus that such a period will come soon. When regulations that utilize artificial intelligence become more common, there is a possibility of significantly reducing inefficiency and trial and error caused by the regulation that preceded conventional intuitive and political judgment. On the other hand, if the developed technology is applied incorrectly, the damage caused by it will be incredible and it will be difficult to correct it easily. Therefore, we should carefully examine the way in which new technology works to create conditions for making technology that can be used purely for human well-being and peace. The regulation of the artificial intelligence age can be developed through rational calculation and prediction. On the other hand, the development of artificial intelligence contributes to rationalization of the regulation and efficiency improvement. The Electronic Government Act introduces the concept of information technology architecture and opens the possibility of regulation using artificial intelligence algorithm. Like other technologies, artificial intelligence technology is also approaching people as a duality of opportunities and crises. In developed countries such as the United States and Japan, discussions are active, but we are relatively late. I hope this article will be of some help in discussing this topic.

Regulations and Legal Issues on Electronic Cigarettes

KIM MINBAE | 2018, 81 | pp.311~335 | number of Cited : 3

What are electronic cigarettes. E-cigarettes work by vaporising nicotine liquid. They consist of a battery, a cartridge, and an atomiser which heats the cartridge ingredients to create a vapour that is inhaled by the consumer. There are five types of nicotine replacement therapies: patches, nasal sprays, inhalers, chewing gums and lozenges. All countries benefit from protecting their citizens from the harms of tobacco use. But the market for e-cigarettes is growing rapidly. Consumer use of e-cigarettes is rising despite a lack of rigorous safety testing, manufacturing controls, and a well-understood risk profile. Smoking an e-cigarette is less harmful than smoking tobacco. But research shows that e-cigarettes pose more of a health risk than first thought. Medical researchers and public health agencies note that not enough knowledge is available to establish the safety of e-cigarettes or their long-term effects. They point out that nicotine is toxic and addictive. Therefore they generally do not recommend consuming electronic cigarettes and some even propose prohibiting their use in smoke-free areas. As reported by the European Commission impact assessment, in some cases the nicotine content of the liquids differs from the declaration on the packaging. Traces of nicotine were found in products labelled as nicotine-free. There is also a serious risk of nicotine poisoning in case of leaking cartridges or bottles which are not child-proof. Users attitudes influence whether or not they are willing to use products like e-cigarettes or nicotine replacement therapies. States take different approaches to the regulation of e-cigarettes: complete prohibition, as tobacco products, as medicinal products, as consumer products. E-cigarette advertisements, and the celebrities that frequent them, have emphasized the freedom to smoke anywhere; a lack of smell, tar, smoke, or toxic chemicals; an absence of social stigma; and health advantages, often specifically reaching out to smokers aiming to quit or cut down. Arguments in favour of prohibition of e-cigarettes are that their safety is not proven, they can cause nicotine addiction and provide a gateway to smoking. Opponents consider prohibition as a ‘smoke or die’ approach that will drive nicotine addicts to smoking tobacco products. It may also lead to the emergence of a black market for e-cigarettes and e-liquids without any quality controls This article provides a description of country-level laws that regulate e-cigarettes or other electronic nicotine delivery systems. I discuss the public health impact of e-cigarettes and the regulation, and advocate that states reexamine their smoke laws and sale restrictions to appropriately regulate public use.

Improvement measures on Release system of Long Delayed Urban or Gun Planning Facilities

Jeong Hoe Gun | 2018, 81 | pp.337~351 | number of Cited : 2

A Study on the Improvement of the Legal System for Safety Accident of Gas Boiler

Lee Jin Hong , Jang Kyo-Sik | 2018, 81 | pp.353~371 | number of Cited : 1

Carbon monoxide poisoning in gas boilers killed two people and injured four others in 2014. The reason for this was the fact that the boiler was operated with the exhaust gas of the gas boiler missing from the exhaust port and the harmful gas was introduced. As a result of investigating the accident, the construction sign which was written to describe the gas supplier was an unregistered boiler built by an unqualified company. Even though the accident occurred, the gas supplier was fined 3 million won and the unauthorized installer I was not even punished. Disasters refer to natural phenomena such as weather, or damage to human lives or property caused by humanitarian accidents. Natural phenomena, such as disasters, human errors, or accidents caused by carelessness or deliberation, are referred to as talent. Most winter gas boiler accidents are caused by carelessness and preventive measures should be prepared in terms of legal system. Therefore, it is necessary to have a license for gas boiler installation, such as a gas installation construction license, but it is illegal construction of unqualified and unqualified persons. The strengthening of laws and regulations, the Korea Thermal Management Construction Association, and the National Boiler Facility Association should be interrupted sporadically with the cooperation of the relevant ward offices, and establishment of a corporate body capable of supervising the unqualified persons and legal legislation should be implemented. Second, in order to prevent the market destruction caused by licenses for illegal construction by borrowing insurance policies or related licenses, it is necessary to designate the subject of the crackdown and to carry out guidance and campaign to enlighten it, and to expand the reward program. Third, gas boiler accidents are serious accidents, which can lead to serious loss of lives and property damage. It is necessary to extend the period of liability and strong sanctions to the suppliers who are not obliged to join the gas boiler. Moreover, And damage compensation system..

Grundrechtliche Schutzpflicht des Staates in der Verfassung der Republik Koreas unteu der Berücksichtigung des Sewol-Seeunglücks

Shin, Okju | 2018, 81 | pp.373~395 | number of Cited : 0

Aus dem objektiven Charakter von freiheitlichen Grundrechten ergibt sich Grundrechtsschutzpflicht des Staates im Zusammenhang mit der Grundrechtsgefährdung durch Dritten im Bereich von Leben, Körper und Eigentum. Die Kontrolle der Schutzpflichtsverletzung geschiet nach dem Untermassverbot. Das bedeutet, dass der Staat gar keine Massnahme unternimmt hat oder die gegebene Massnahme deutlich unzulänglich für das Erreichen des Ziels zu bewerten ist. Das Gesetzgebunsorgan und die Verwaltung haben den breiten gesetzgeberischen Gestaltungsspielraum für die Umsetzung der Schutzplicht und daher aus der Grundrechtsschutzpflicht des Staates keine konkrete Handlung geleitet wird. In den Art. 10 und Art. 36. Abs. 6, in den Grundgesetz für das Management der Katastrophe und Sicherheit und deren Verordnung und Richtlinie ist die Schutzpflicht des Staates verankert, um bei der sozialen Katastrophe Leben und Eigentum zu schutzen. Die Verletzung der Schutzpflicht war ein wichtiger Anklagepunkt gegen die Präsident Park. Nachdem die Präsidentin angeklagt wurde, ist eine rechtswiderige Änderung der Katastophenbekämpfung-Verordnung ins Licht gekommen, um die damalige Zuständigkeit der Nationasicherheitskommitte(NSC) für Katastophe auf das zuständige Ministerium zu legen. Sie und NSC verneit die Rolle des Kontrolleuers bei dem Management der Katastrophe. Die Präsidentin war nicht im Arbeitszimmer. Sie blieb im BH und gab telephonisch allgemeine Weisung. Nach 7 Stunden ergib sich zu NSC. Während dieser Zeit wurde das Sewol-Schiff völlig versunken und keiner gerettet. Das Verfassungsgericht Koreas entschied, dass es keine Verletzung der Grundrechtsschutzpflicht zu anerkennen ist, weil aus ihr keine aktive Beteiligung an der Retungsaktion der Präsidentin geleitet wird. Aber wenn es überprüpfen wird, ob ihre Weisung deutlich unzulänglich für das Erreichen des Ziels ist, ist die Verletzung der Grundrechtsschutzpflicht zu bejahen.

Policy Recommendation for Marine Tourism Resource Classification System by Ministry of Oceans and Fisheries

Lee, Jung Chul | 2018, 81 | pp.397~411 | number of Cited : 4

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Public Land Law Review 2023 KCI Impact Factor : 1.14

2018, Vol.81, No.