2019, Vol.86, No.

Problems of Korea's public development and future direction - Focused on the public development of new metropolitan cities -

SUNG, JOONG TAK | 2019, 86 | pp.1~31 | number of Cited : 1

In the meantime, Korea's public development policies are: ① regional development led by the central government, which does not take people and environment into consideration ② physical and full-scale regional development based on facilities ③ individually distributed inefficient development policy system ④ enforcement based on unit business listing ⑤ systematic evaluation system And the like. In order to improve these problems, it is necessary to re-evaluate the publicness of the public development projects and the role of the public sector. In particular, the national housing supply policy, which is the core of public development, can not be approached simply by the supply and demand of housing. It can only be justified if it is in harmony with the original goal of public development, such as wide-area traffic problems, environmental and ecological considerations, and balanced national development. Therefore, in order to develop a balanced land on the macroscopic level, it is necessary to prevent the over-development of urban areas from a microscopic level and to make local major small cities into self-sufficient smart luxury cities. Specifically, it is very important to positively establish venture towns and industrial complexes in order to secure the self-sufficiency of small and medium-sized cities outside Seoul, the metropolitan area and regional metropolitan cities. To do this, it is significant that, as shown in the case of the Netherlands, local governments are given the initiative of regional public development and institutional arrangements such as tax reforms are made to secure enough financial resources. In conclusion, the government's public development in the future will not allow for the development of new cities in Seoul and the metropolitan area, and the expansion of development policies for revitalization of local cities and rural areas will be the key to achieving "decentralization and balanced national development. You should keep in mind that you live well.

Legal Issues Regarding the Application and Effect of Officially Announced Price of Representative Land According to 「Act on the Public Announcement of Real Estate Values」

Myung-Ho， BAE | 2019, 86 | pp.33~60 | number of Cited : 3

As of January 19, 2016 when 「Act on the Public Announcement of Real Estate Values」 was entirely amended through the establishment and amendment of the so-called three laws for Advancement of Real Estate Appraisal, the rules and regulations related to the announcement of real estate price were also amended in full scale, including the revision of the article 8, “The Application of Officially Announced Price of Representative Land”. Even though the article 8 of the current law was introduced in the amendment of 「National Land Use and Management Act」 in 1983, it has been used for the purpose of expropriation, use compensation of land or specific calculation for acquisition and sale of national and public lands by entities of specific calculations, such that it just serves as an applicable provisions by the Constitutional Court and authorities concerned to apply officially announced price of representative land announced and produced by the Minister of Land, Infrastructure, and Transport. However, interpreting the article 8 in this way is against literal interpretation, and rather it can be understood as unconstitutional because it infringes the property rights of citizens contradictory to the intent of the appraisal system which tries to protect the property rights of citizens. Since the “Direct Calculation by the governmental entities” has been implemented in 1983, it is a core regulation of this act which has about 34 years of history. But it is a no longer enforced, or ineffective regulation in reality. In terms of comparative law, 「Public Notice of Land Prices Act」 of Japan does not have a regulation by which the governmental entities perform direct calculations based on officially announced price of representative land. According to the provisos to the article 8 of the act, the governmental entities can apply a new price by adjusting addition and subtraction when the governmental entities think it is needed without applying the land price calculated directly by the governmental entities or the land price calculated on the basis of appraisal price. Therefore, the regulation on the direct calculation of land price by the governmental entities has no effect as a legal norm. Just as appraisers appraise according to relevant regulations, the method of calculating the land price directly by the governmental entities based on officially announced price of representative land using the Land Price Index Table is the same as the calculation by individual officially announced prices. The Constitutional Court already holds negative stance against the individual officially announced price in such precedents as the decision of constitutional discordance related to excessively increased valuable land tax. Additionally, the governmental entities including non-expert government employees do not apply the adjustment of addition or subtraction to the price for convenience's sake in public administration practice even when the adjustment of addition or subtraction is needed for the land price calculated by appraisers under uncertainty because there aren’t any specific standards or manuals in the act or lower statutes. Since the article 8 and the article 9 of the act, the application and effect of officially announced price of representative land are the core provisions of this act, they cannot be irrelevant to the issues regarding inspection & assessment of officially announced price of representative land in the article 3 of 「APAREV」 and public notice. As for ‘de lege ferenda’, this study suggests a legislative task that Inspection & Assessment and Inspection & Calculation should be regulated as a unified form of appraisal. Legislators should fulfill their obligations to improve the laws to become more constitutional through amendment of laws suggested by ‘de lege ferenda’.

A Comparative Study on Effective Bid Rigging Regulation Institute for Public Security - Focus on Comparative Japanese Bid Rigging Regulation Institute -

Hwang Jihye | 2019, 86 | pp.61~86 | number of Cited : 2

PDF

In Korea, for regulate bid rigging, they have various regulations. For example, corrective action and pay a fine by Korea Fair Trade Commission, indemnification for person who damaged by bid rigging, restriction on qualification for participation on bidding by administrative agency, criminal sanctions by prosecution. Despites of these regulation, these regulation are not effective. Because they didn't cooperate properly between regulation agencies. To solve this problem, the writter tried to comparative bid rigging regulation between Korea and Japan. Japan has very similar bid rigging regulation system to Korea. Japan also have regulations measure like a corrective action and pay a fine by Japan Fair Trade Commission, indemnification for person who damaged by bid rigging, restriction on qualification for participation on bidding by administrative agency, criminal sanctions by prosecution. Japan has Act of Prohibit collusive bidding at the initiative of government agencies, on the contrary, Korea doesn't has “Act of Prohibiting for Bid Rigging Involving Government Agencies”. Bid rigging regulation in Japan has a implication in two ways. First, administrative agency in Japan has a major roll in investigate and prove bid rigging. On the Contrarty, administrative agency in Korea has restict roll in investigate and prove bid rigging. Administrative agency has a major roll in investigate and prove bid rigging like a Japan, may can solution in bid rigging regulation in Korea. Second, strict application of restriction on qualification for participation on bidding by administrative agency. In Korea, restriction on qualification for participation on bidding by administrative agency is applied formally. This phenomenon caused bid rigging regulation uneffective. Strict application of restriction on qualification for participation on bidding by administrative agency may can solution in bid rigging regulation in Korea.

Real Estate Policy of The New Government and Sustainability

Min, Tae-Wook | 2019, 86 | pp.87~106 | number of Cited : 6

The Responsibility of Public Entities on Development Projects and the Limit of Burdening Contributed Acceptance

Park, Ju-Bong | 2019, 86 | pp.107~127 | number of Cited : 3

Issues with Official Land Price Policy and Legislative Tasks

Heo, Kang Moo | 2019, 86 | pp.129~147 | number of Cited : 7

An Exploratory Study on Approval to Implement Development Projects in Jeju Special Act

Kim, Tae-Kun , Jeon， Jinwon | 2019, 86 | pp.149~171 | number of Cited : 0

A study of enactment of the Framework Act on Living Infrastructure Policy

Hong, Sung-Jin | 2019, 86 | pp.173~192 | number of Cited : 3

The paradigm of infrastructure is changing. It is currently using infrastructure in social overhead capital in general and is expanding a concept of living infrastructure that its policy targets to focuses on not just facilities but people such as leisure, health, safety, environment and establishes virtuous circle structure such as job and regional economic development. The living infrastructure performs functions such as improving the quality of people’s lives, improving the quality of living safety and environment, creating regional jobs and revitalizing the local economy. However, there is a lot of controversy over the differentiation from existing infrastructure investments, lack of legislation system and space necessary for living infrastructure policy implementation, and exemption of preliminary feasibility surveys under the “National Finance Act”. In order to ensure the continuity, consistency, and stability of policy in the modern society of the rule of law, the law must be enacted that to present the vision and philosophy of the policy, to integrate and systematize the relevant legislation, and to include the system to realize the policy. Therefore, it is necessary to enact the “Framework Act on Living Infrastructure Policy”(tentative name), and the following should be legislated: The General Provisions should define the definition of living infrastructure, present policy objectives or ideals, and systematize relations with other laws. In each case, policy formulation and promotion system should be established for the mid-and long-term development direction of the living infrastructure policy. In addition, since the living infrastructure policy can secure the effectiveness by securing the site, it is necessary to apply the provisions of the Urban or Gun planning facilities under “National Land Planning And Utilization Act” and the provisions of authorization or permission of Unoccupied house improvement projects under “Act on Special cases concerning Unoccupied house or Small-scale housing Improvement”. In this case, the project implementer of the living infrastructure shall define the constructor under the “Framework Act on the Construction Industry” and look for ways to prefer specialized construction business. Furthermore, the legalization of grants or subsidy to local governments of the state should be made in order to secure funds.

A Study on the Standard of Compensation in the U.S.

Seok,Ho-Young | 2019, 86 | pp.193~214 | number of Cited : 3

Of the total land area of Korea, 241.4km2 is owned by foreigners, 0.2% of the total land area of 10,0364km2, followed by the United States (52%), China (7.8%), Japan (7.6%), and Europe (7.4%). The ratio of foreigners (including ethnic Koreans) to land holdings in Korea has been on a steady rise until 2016, although it has been stagnant recently. Meanwhile, a Korean resident in the U.S. rejected the raised compensation on two occasions by the Seoul Metropolitan Government's Local Land Index Committee and the Central Land Index Service Commission, claiming that the compensation for the acceptance of land held in the country falls short of the market price, and the gyopo submitted a letter of intent in September last year to mediate an investor-state dispute settlement based on the Korea-U.S. free trade agreement. However, in the case of Korea, it will be required to review whether the U.S. "fair market price" meets the nation's loss compensation standard because it is 'public land' that is the standard for compensation in acceptance, which may not exactly coincide with whether such a "fair market price" under the Korea-U.S. free trade agreement rules. In this situation, efforts will be made to "establish realistic compensation standards in accordance with international standards" to prevent disputes and smoothly pursue public service projects in connection with the Korea-U.S. free trade agreement, as in recent cases, instead of the need to consider measures to prevent and cope with possible conflicts in the foreign investment agreement regarding compensation for land expropriation. In response, this paper seeks to review the improvement direction of the nation's compensation system so that it can prepare for ongoing or possible investor-state dispute settlement (ISD) disputes by reviewing what is meant in the United States by means of a "fair market price" and whether the nation's loss compensation criteria conform to what the U.S. calls a "fair market price."

Tax legal review of drones

KIM, NAM WOOK | 2019, 86 | pp.215~235 | number of Cited : 3

In the intelligent information society by the 4th industrial revolution, artificial intelligence, big data, drones will affect the tax law area too. Although the introduction of artificial intelligence robots, the introduction of electronic personality, the guarantee of basic income, and the introduction of robot tax, are being discussed, tax law studies on drones are insufficient. Recently, the drone technology is a key technology that leads the fourth industrial revolution. The drones market is rapidly expanding according to the development of the drones industry, and the drones equipped with artificial intelligence and high-performance cameras and GPS function as small artificial intelligence robots But also affect job change and regional economic development. Hobby drones range in price from several hundred thousand won to ten million won, commercial drones are priced at 180 million won, Due to the inadequacy of the local tax laws, unlike airplanes and ships, it is not possible to impose acquisition tax, registration license, and property tax, which may violate tax equality and tax justice. In the United States, however, registration fees are required to be paid for new drones or for renewal every three years. Although previous studies have discussed the regulation of drones such as privacy of drones, there is a desperate need for the rational improvement of the local tax law based on tax investigation and limitation on drones, taxation system for drones, registration license, acquisition tax, do. Therefore, we review taxation system of Korean income tax law, corporation tax law, VAT law, and local tax law, and then consider the necessity and limit setting problem of tax investigation through drones, realization point of fair taxation and tax definition, It is reasonable to seek legislative improvement measures of the local tax law for the purpose of securing the financial highland through the expansion of the financial resources, the acquisition tax of the drone, the range of the property tax, the registration license tax, the acquisition tax and the property tax.

Regulation of Living Chemicals in the UK - Focusing on Foods and Biocides -

Ban, Q-Man | 2019, 86 | pp.237~257 | number of Cited : 0

PDF

A review on Problems and improvement on Fundamental Law of Firefighting

WON JUNG KIM | 2019, 86 | pp.259~279 | number of Cited : 5

A Legal･Institutional Study on Management of the Elderly Dying Alone

seon eun ae | 2019, 86 | pp.281~308 | number of Cited : 13

PDF

A problem of the elderly dying alone can be considered to be the issue that is shown in most countries of facing an aging society due to a rise in old population. Compared to a country that has worried early about the problem of the elderly owing to the aging society, our country couldn't help indicating the shortcomings in solving the elderly problem caused by an increase in single elderly households due to a change in social phenomenon along with the rapidly growing elderly population. Despite the efforts of the country and local governments for preventing the elderly dying alone, it hasn't been that long since the lonely death in the elderly, who are social minorities, began to be recognized as a social issue as well as being regarded as a personal matter. Thus, a result was brought that fails to coincide with the objectives of a relevant law and a system such as what an elderly person, who was dead lonely, is omitted from the management objects of the country and local government. The nation has announced and then enforced diverse policies in order to prevent the solitary death of the elderly. Even the local government has enacted and then executed about 140 by-laws for preventing the lonely death. However, given managing the elderly dying alone with what these policies and by-laws fail to be effective law and system in solitary death of the elderly, this will be nothing but a pointless measure for preventing the elderly dying alone. Accordingly, this study aimed to define the elderly dying alone in terms of the solitary death of the aged generally as lonely death of a person of whom nobody takes care among elderly people aged over 65 years. A cause of the elderly dying alone appeared to include a rise in old population, old-age poverty, a break with dependent family members, and an increase in one-person households. Hence, as a result of analyzing the current policies and by-laws of the country or local governments, the integrated law pertinent to the solitary death of the elderly needs to be enacted. To spread a coherent policy, the policy will need to be arranged through a completed enumeration survey on the lonely death of the elderly. Also, the suggestion of a realistic and effective system in management for preventing the elderly dying along will come to lead to playing an important role in elderly people's managing a living worthy of human dignity.

A Study on the Legal Justification of the Telemedicine and the Constitutional Basis of the Telemedicine on the Level of States in U.S.A.

Yongjeon Choi | 2019, 86 | pp.309~343 | number of Cited : 6

PDF

- In the modern ubiquitous and smart society, we recognize that the telemedicine enhances patient’s access to medical care and is effective in saving medical expenses. Korea has started remote medical pilot projects from 1980’ and recently allowed medical services through the cloud computing. Nevertheless, The implementation of telemedicine is delayed due to lack of legal institutional support. - The subjects, actions and objects of telemedicine that are allowed by the Medical service Act means merely the ‘remote advice’. Also the amendment bill that have been proposed in the Congress remains in an unstructured and incomplete state. Therefore, the comparative studies on telemedicine with foreign countries are needed. - The ideological basis of telemedicine in Korea started from the principle of social state. Recently, it is based on the principle of guarantee country introduced in Korea. In addition, Telemedicine is a constitutional realization policy of the national health protection obligation and one of the means to vouch the right to public health. - The US federal constitution does not prescribe ESC rights, but it is seen as a right contained in property rights or civil liberties. In other words, although the federal government does not have a substantive enactment on the right to public health as a social right and the principle of social welfare state, the federal government operates the Medicare program and the Medicaid program and is reforming the national health insurance program which covers the whole population as a compulsory social insurance system through the Obama Care Act (Health Insurance Reform Act, Patient Protection and Affordable Care Act), and the U.S. supreme court rule that the act is constitutional. - The US Congress has enacted a number of laws that recognize the right of the people to receive government medical services. Congress used the power of legislation on interstate commerce and Tax collection and expenditure as a basis for legislative power of health care. In the phrase of Section 8, Article 1 of U.S. Constitution, it is defined as “The Congress shall have Power To lay and collect Taxes, Duties Imposts and Excises, common Defence and general Welfare of the United States;” and it stipulated as “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof.” and based on this statement. - Unlike the federal constitution, state constitutions have a broad perspective on human rights, and The 13 state constitutions have specific provisions on health. Six of these states have already been applied this specific provisions by the courts, and the rest of the states have enforced comprehensive policies for the health care of residents in accordance with the charity regulations that can meet the urgent need of the national government. In addition, while one state has no direct rule, health care is recognized as a fundamental value in the state. - In some state constitutions with health care regulations, there were examples of statutory provisions imposing legislative duties on the state or the Legislature to realize health rights. In the case of Michigan, they defines the Constitution as “The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health.”(§ 51, ARTICLE IV of Michigan Constitution) and imposes an explicit legislative obligation on the legislature. Since it was the duty of Congress to provide assistance to those in need through two ports, The New York State Council was required to enact a law to protect and promote the health of residents in the state. Additionally, in North Carolina, setting rules for the poor and the unfortunate through charitable provision is the supreme duty of civilized Christian nations, and congress should have regulation for public welfare.

The Feasibility of the Right to Data Portability in GDPR andIts Application Prospects in China and South Korea

Tian, Yajuan , JI, SEONG WOO | 2019, 86 | pp.345~375 | number of Cited : 0

In recent years, with the rapid development of new generation information technologies(IT) on a global scale, the development of cyberspace has risen to an unprecedented stage. The European Union introduced the “right to data portability” system in the “General Data Protection Regulations”, which came into effect on May 25, 2018. Aiming at enhancing the individuals' control of data and promoting the free flow of data, the right to data portability itself involves largely two perceptions: right to receive personal data and right to transmit personal data. First of all, the “data” itself, as the object of “right to data portability”, implicates personal characteristics, honors and privacy, which makes it possible to say that it possesses "personality attributes". When it comes to the implementation process, this right specifically involves the legal source of data, the subject relevance of data, technical feasibility and the harmlessness of power exercise. At the same time, although this right has been sought after in the introduction process, it has also caused doubts from all parties, especially its rationality and feasibility is still mired in great controversy. In Europe US IT companies, such as Google, Facebook, Apple and Amazon have become increasingly vigilant about dominating the platform and dominating the information distribution market. As a result, it seems that the rules on the information movement have been designed to regain the distribution market of information that these US IT companies have dominated. Moreover, in addition to the EU region, other countries are actively exploring whether they can and how to refer to this system. All in all, the application prospect of this data migration right remains to be seen. As far as China and South Korea are concerned, in spite that this system is not suitable for indiscriminate introduction, it can still be applied in appropriate areas, such as the above mentioned telephone number transfer system. As long as the system can be localized, its effectiveness is likely to get maximized.

A Study on Legal review of Farmland Pension for the IncomeStability of Aging Farmers

Kim Hun | 2019, 86 | pp.377~396 | number of Cited : 0

KJCKorea
Journal Central

Public Land Law Review 2023 KCI Impact Factor : 1.14

2019, Vol.86, No.