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There has been a growing interest in science of legislation. It is very important to supply high quality legislation so as to reduce social costs as well as to pursue lawful legislation. The importance of legislation was made evident by the recent tragedy in South Korea. One opinion on the reason for the cause of the so-called 'sunken ferry Sewol accident', which occurred on April 16th, 2014, insists the accident may have started from the revision of enforcement rule of the Marine Transportation Act in 2009. The provision on the legal limit for the age of a passenger ship was extended from twenty years to thirty years in the amendment. All legislators are supposed to consider a wide variety of factors to make a high quality legislation. The factors that legislators look into could be composed of a legal element and a nonlegal element. A nonlegal element contributes to making a legislation more useful. Meanwhile, a legal element is an indispensable requisite of a legislation which could be deduced from the Legal Review on Norm. This study analyzes the content of the Legal Review on Norm and then applies the content to a concrete case. In this way, this paper attempts to show an essential factor for legislation. the Legal Review on Norm has been mainly discussed on the elements of content and form. In addition, this research adds a discussion on the title of legislation as well. Therefore, the Legal Review on Norm is researched from the perspective of title, form and content of legislation. If the Legal Review on Norm is analyzed only from legal theories, it would be difficult to concretely portray how the indispensable legal requisite of it applies to a legislation. To obtain a specific result, this paper supplements with Provisions of Tasks for Korea Communications Standard Commission as another topic of this paper. Therefore, this study applies the factors of title, form and content to the provisions. Futhermore, it identifies problems and improvement proposals for the provisions. As mentioned above, this paper points out the concrete contents of the Legal Review on Norm. The immediate goal of this research is to seek the problems and improvement methods for Provisions of Tasks for Korea Communications Standard Commission. By extension, the secondary aim of this study is to specifically show indispensable legal requisites which is required in legislation.

The Constitution Article 117, paragraph 1 and the Local Government Act No. 22 regulate that an local ordinance can be enacted within the scope of the statute. 'Within the scope of the statute' means 'within the scope of the non-violation of the statute'. This rule is applied to all authorities of local government as well as the authority of autonomy in local government legislation, including authority of autonomy in local government organization and personnel administration. The Local Government Act stipulates the authority of the local council and the local government head. A local ordinance must not violate the authority of the local council and the local government head decided in the Local Government Act. For example, although The Local Government Act assigns the authority of the nominating local public officials to the local government head, if an ordinance allowing the local council to nominate local public officials is enacted, that ordinance is violating the statute. By the way, in case an ordinance regulates that the local council cannot directly violate the authority of the local government head but can check the authority of the local government head, can we say the ordinance is illegal?As the Supreme Court' precedents, an ex post and passive restraints are permitted, but priory and positive restraints are not allowed. The purpose of this review is the questioning the validity of ' ex post and passive ' and the checking the individual Supreme Court cases from a critical viewpoint.

A lot of changes are occuring in the domestic violence in terms of the range and perception as times have changed. Recently, the number of the activities that the parents abuse their children or the children do violence to their parents is increasing as well as the type of basic actions that the husbands assault their wives,Moreover, the occurrance of domestic violence based on the problems at work and child rearing is now rising up, owing to the traditional cause of domestic violence like the differences of their personality and value, drinking, love affairs of a spouses. There are many this and that about the change of the type of domestic violence. however, It is not untrue to say that the circumstances of those days take a big portion of the type of domestic violence. For example, the women's role has changed a lot as the number of the women who get a job is skyrocketing with opportunities for women to come out to the job market. After all, the conflicts caused by the sharing problems of housework turn into the domestic violence which is also being caused by the child rearing. According to the type of changing domestic violence as you see, we have coped with domestic violence constantly making and implementing a lot of systems and policies. However, it is doubtful that the countermeasures have helped to prevent and root out the domestic violence. As years go by, it is becoming a social issue, as the number of cases of domestic violence is increasing due to the enlargement of the coverage. When looking into the result of this study, they can be summarized as follows:First, there is the defect in the institutional system. Especially, Urgent interim measures defined on article 8(2) of the Special Act on the Punishment of Crimes of Domestic Violence give the discretionary power to the police in the early stage. However, the act is not effective because there is no any punitive action, even though an assaulter violates the rule. Second, there is the problem of effectiveness on family protective disposition that the family court orders. The family court frequently rejects the protective disposition in the end because of mutual agreement between the victims and offenders of domestic violence as time passed, which makes it difficult to solve the basic problems. Therefore, the treatment program for correction should be proceeded prior to the decision of the family court to order to secure the effectiveness. Lastly, there is shortage of the consultation center and manpower with expertise. In particular, one center is taking a heavy task controlling more than two cities and the professional consultation centers which are going on treatment programs for victims and offenders are running short in reality. As a matter of fact, it is a remaining task that the budgetary aid should be assisted in the concultation center.

There are many cases where the court sentencing of punishment of restricting physical freedom or monetary penalty is unable to be enforced despite its final ruling. Its reason is because it is difficult to arrest those who fled upon receiving the sentencing of punishment of restricting physical freedom or monetary penalty. As an according solution, introducing the list disclosure of such offenders and rewarding informant should be considered. In the case of list disclosure, it is already taking place extensively in various forms for violators of administrative regulations. In the case of criminals, disclosing the face of suspect for sexual violence and specific crimes is also being legally permitted. In the case of suspects of major crimes, they are being arrested through citizens' report and assistance through wanted list system. The informant reward system is also taking place in various forms as an important system supplementing administrative vacuum. Accordingly, disclosing the list of offenders avoiding major sentence and rewarding informant upon arrest can become a new alternative for supplementing insufficient sentence enforcing personnel.

전세계적으로 심각한 문제로 대두되고 있는 역외탈세에 대처하기 위한 주요 방안으로 국가 간 조세정보 자동교환제도에 대한 논의가 경제협력개발기구(Organization for Economic Cooperation and Development, 이하 ‘OECD’)와 G20 등을 중심으로 활발히 진행되고 있다. 국가 간 조세정보 자동교환제도의 시행에 앞서 미국에서는 2014년 7월부터 해외금융계좌납세협력법(Foreign Account Tax Compliance Ac, 이하 ‘FATCA’)을 시행하고 있다. FATCA의 시행으로 미국 외 지역에 소재하는 금융회사는 일정 조건에 해당하는 미국인이 보유한 금융계좌 정보를 미국 국세청(Internal Revenue Service, 이하 ‘IRS’라고 한다)에 매년 보고할 의무를 지게 되었다. 이러한 FATCA는 해외금융계좌신고(Report of Foreign Bank and Financial Accounts, 이하 ‘FBAR’)의 실효성을 제고하기 위한 제도이기도 하다. FATCA의 시행과 함께 OECD 및 G20가 중심이 되어 정기적 금융정보 교환 체제의 확대가 논의되는 과정에서, 이들 제도들이 그 목적에 맞게 합리적으로 운영되기 위해서는 FBAR에 대한 정비도 함께 이루어질 필요가 있다. 이에 본 논문에서는 국가 간 정보교환에 대한 새로운 틀을 짜고 있는 국제적 추세를 고려하여, 우리나라 FBAR 제도를 그 도입의 기초가 된 미국 제도와 비교함으로써 문제점을 도출하고 개선방안을 제시한다. 첫째, 현행 FBAR의 신고기준금액과 기준일을 개선할 필요가 있다. 현행 FBAR에서는 해외금융계좌 잔액의 합산금액이 해당연도의 매월 말일을 기준으로 10억 원을 초과하는 계좌에 대하여 신고 의무를 부과하고 있다. 이는 미국 FBAR 제도와 비교할 때 그 신고기준금액이 너무 크고, 또한 매월 말일만을 기준으로 판단할 경우 이를 피해갈 유인이 매우 크므로 개선할 필요가 있다. 둘째, FBAR 신고위반에 대한 벌칙 또는 과태료 부과시 정상참작을 통하여 과태료 감경을 가능하게 할 필요가 있다. 셋째, 특정 신고의무자들로 하여금 신고의무를 이행하도록 하기 위하여 납세자 친화적인 방향으로 제도가 개선되어야 한다. 넷째, FBAR의 실효성을 제고하고 자진신고를 유도하기 위하여 미국의 역외자진신고 프로그램(Offshore Voluntary Disclosure Program, 이하 ‘OVDP’)과 유사한 한시적인 사면제도를 도입할 필요가 있다. 다섯째, 미국의 국적포기세(exit tax)와 유사한 제도로서 거주지를 이전함으로써 조세를 회피하는 경우 적용될 수 있는 출국세를 도입할 필요가 있다.

As the world has become increasingly globalised, international tax avoidance has become a serious issue. On September 6, 2013, the G20 Leaders committed to the automatic exchange of information as the global standard and agreed to fully support the OECD work.. 44 jurisdictions including Korea had committed to swiftly implement the Common Reporting Standard(“CRS“). Further, the jurisdictions have agreed to follow a common timetable for the implementation of the Standard. The Foreign Account Tax Compliance Act(“FATCA”) took effect as of July 1, 2014 and Korea has completed the negotiation on the Inter-government Agreement(“IGA”) to implement the FATCA with the USA. Korean financial institutions have adopted the FATCA in accordance with the Implementation Regulation issued by the Financial Services Commission(“FSC”). A lot of legal and practical issues have been raised and still not been solved clearly. This paper sets forth and compares the Report of Foreign Bank and Financial Accounts(“FBAR”) in both Korea and USA and proposes the solutions for the issues identified with respect to the Korean FBAR. This paper also sets forth the FATCA rules overall based on the draft Korea-US IGA and the FSC Implementation Regulation and presents the proposed solutions for the legal and practical issues raised during the implementation of the Korean financial institutions. This paper would be helpful to improve the system of the automatic exchange of information when Korea adopt the CRS and enter into the IGAs with other countries and jurisdictions.

This paper discussed criminal responsibility and response related to false electronic medical record. The result of the study is as follows. medical records are documents that record the state of the patients and result of treatment and cannot be seen as a proof. Therefore, it does not constitute the act of false diagnosis, or forgery or modification of private document under criminal law, because forgery or modification under criminal law can be only committed by a person unauthorized to make such documents. It cannot be punished by the Medical Law Article 22 as well. In this provision, 'in detail' means filling out the medical record insufficiently. False statement is different from inadequate statement. Therefore, according to the principle of legality, it does not apply to the Medical Law Article 22. In conclusion, there is no legal basis by which false electronic medical record can be punished. For that reason, the Medical Law must be revised to create relevant penalties. To investigate false electronic medical records, digital forensic technology must be used. In this study, the following was suggested as a legal system to use digital forensic. Electronic medical record needs to be standardized and a new provision be created regarding the obligation to store and discard log records. Also, a national management system must be established for electronic medical records and digital forensic training be provided to nurture experts. By doing so, we can prevent false electronic medical records and use digital forensic in investigation.

This study is aimed at studying on the methods of legislating the laws and regulations related to the Promotion of Lifelong Education Legislation in the Constitution of Republic of South Korea. The ⌜article 31(5) of constitution of Republic of Korea⌟ prescribes “The State Shall Promote Lifelong Education” and The ⌜article 31(6) of constitution of Republic of Korea⌟ prescribes “Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance and the status of teachers shall be determined by Act. International Institutions like UNESCO·OECD etc. asked to built the lifelong eduction system in many nations for the education of global citizenship and the world peace. Therefore the government should continue to invest significantly in further education and college have to offer continuing education courses in foreign languages·counselling etc. Thus nation should strive to achieve lifelong education in success and also protect that all citizens shall have an equal right to an education corresponding to their abilities. For this goal, lifelong education system in the 「Lifelong Education Act」 should be need reform and support vastly in many ways for the improvement of current problem.