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Legislative Study on the Management of National Finance
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.3-44
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8,800원
For economic revitalization and long-term financial soundness, the Government compiled budgets based on standards for financial soundness. The financial resources are allocated in the priority order of; health, welfare, labor, local administration, education and national defense. Expenditures on welfare have been continuously increasing and have increased the national debt for its funding. Financial restructuring and revenue expansion is urgent. To manage national financial crisises, a balance between financial income and expenditures must be maintained. Legislative Acts, such as fiscal rule legislation, introduction of financial regeneration of local governments, and introduction of strategic analysis in business valuation must be arranged to meet social needs.
Police Response to Foreign Residents’ Crime
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.45-84
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8,500원
In accordance with the trend of globalization, liberalization, and economic uncertainty, the scale of international migration has been growing as well. In reflection of such trend, the population of immigrants has sharply risen in recent years, and the number of foreigners staying for a long time in South Korea have also continued to grow. In particular, after the number of foreigners exceeded one million in 2007, it surpassed 1,890,000 as of December 2015. It is no exaggeration to say that South Korea is a society where multiple cultures coexist with those from multiple racial groups. Along with the increase of these foreigners staying in Korea, various issues have emerged too, including violent crimes such as murder, robbery, rape, molestation, assault, injury, etc., as well as fraud crime, traffic crime, illegal immigration and related enforcement and administration, foreigners’ obtaining and losing citizenship, etc. In particular, the crimes committed by foreign residents are becoming increasingly cruel, brutal, intelligent, and organized, and their techniques are growing sophisticated and tricky. As a result, the anxiety of the Korean people against crimes by foreigners has been intensifying, and they are demanding the government’s powerful sanctions and punishments targeting crimes by foreigners to relieve their anxiety. However, despite the demands of the people, a number of issues are left to be addressed, such as the difficulties of grasping the actual status of crimes committed by foreign residents and collecting information on them, lack of police manpower for international criminal investigations, language problems, human rights issues, conflicts caused by cultural and religious differences, and xenophobia. Hence, this paper attempted to propose various countermeasures for the issues discussed herein based on the recognition of the challenges. In particular, it aimed to present the alternatives focusing on the police response to crimes by foreign residents.
The Constitutional Basis of Taxation in Germany
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.85-106
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5,800원
Practically everybody must pay taxes. Taxation limits the availability of personal funds that otherwise could be spent in order to pursue individual goals. Taxation constitutes the most frequent encroachment by the state on individual rights. German constitutional law provides that any encroachment by the state in the private sphere constitutes an infringement of basic rights. Taxation must be treated as a violation of basic rights that requires constitutional justification. In past decades, decisions by the German Federal Constitutional Court concerning tax law became a major source for new jurisprudential approaches to the general doctrine of basic rights in Germany. There are many constitutional provisions in Germany relating to taxation, the constitutional justification of taxation, principles of taxation and limitations on taxation. This paper explores and understands the importance of taxation.
Child Protective Laws in the United States and South Korea
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.107-120
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4,600원
Child protection is one of the cornerstones of social welfare policy. In South Korea, the Child Welfare Act designates human service workers as mandated reporters for suspected child abuse and neglect. However, the law does not provide for any immunity for human service workers acting in good faith who report or assist in the investigation of reported child abuse or neglect. As a result, human service workers remain reluctant to report suspected child abuse and neglect for fear that they may be accused of unexpected consequences. This paper compares the child welfare laws in the United States and South Korea on immunity issues for human service workers involved in reporting or cooperating with a child abuse investigation.
The status of legislative lobbying and legislation on lobbyist system
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.121-148
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6,700원
The necessity for legislation on lobbyist activity has increased with the increased demand for legislative lobbying in the midst of dynamic structure of complex international relationships with the emergence of the competitive global free market. The opposition is strong because the legislation can be drafted so as to be favorable to the corporation with capital and competitiveness or power group. But illegal and secret lobbying using the privileges of former posts caused from judicial cronyism and political cronyism has actually contributed substantial economical loss and breach of trust so far. Rather, the introduction of a regulated and rational lobbyist system can be advantage to controlling lobbying activities as it can transparently disclose the activities of an interest group with capital and power. Combined with the enforcement of the Anti-Corruption and Bribery Prohibition Act (the so-called Kim Young Ran Act), the legislation governing the lobbyist system has recently been highlighted. It is necessary to consider the permanent establishment of a regulated and rational lobbyist system because sticking to merits and demerits of lobbyist system can result in harm to the national in the competitive global system. It is necessary that we contribute to the active realization of national interests by legislating on illegal and secret lobbying through the legislation on the rational lobbyist system, enhancing the transparency of and trust in legislative process and maximizing the competitiveness of legislation.
The Freedom to Link and the Right of Communication to the Public in EU and Korea
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.149-182
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7,600원
This paper compares decisions of the CJEU and the Korean Supreme Court relating to the right of communication to the public in Copyright Law. Hyperlinking is fundamental to modern communication. The freedom to link should be ensured for the purpose of the fundamental freedoms because it helps to safeguard in the digital environment, in particular freedom of expression and information. Whereas the CJEU resolves the infringement of the right to communication to the public caused by posting the link introducing criteria of “new public,” the Korean Supreme Court denies such an infringement. A fair balance should be struck between the right of communication to the public and the freedom to link. However the Korean Supreme Court’s decisions have tended to become a counter weight inclining much more toward the freedom to link. Therefore, this paper proposes changes to such decisions.
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 8 2016.05 pp.183-218
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7,900원
The UK accepts a comprehensive concept of security, and has a single National Emergency Management Act. The Civil Contingencies Act 2004 (UK) provides for all types of disaster and security. In this respect, the definition of emergency in the Civil Contingencies Act 2004 (UK) will provide great assistance in embracing a comprehensive concept of security in Korean legislation. This is necessary to establish an integrated definition of terms, integrated framework, and integrated emergency management systems in war and civil war or for several emergencies and disasters. . In these aspects, it is the writer’s opinion that the Civil Contingencies Act 2004 (UK) can provide great assistance in the Korean legal system related to disasters and security. It seems quite necessary to introduce an integrated response Protocol, such as the “Gold, Silver and Bronze” model of the UK. In addition, South Korea does not currently have an integrated educational institution that the police, fire brigade, and local governments can jointly use for practical training and practice related to emergencies. Therefore, it is very necessary to establish an institution, such as “the Emergency Planning College” of the UK that offers an integrated institution education program. The Framework Act on the Management of Disasters and Safety (South Korea) clearly stipulates the mission of each institution, such as the management system in the UK, and it must ensure that one of the institutions can adjust, rather than command, overall activities. A way to ensure the effectiveness of the emergency management policy decision is to develop an Emergency Management Standard Manual and an Emergency Response Working Manual. It is necessary to create awareness of new legislation, such as might be called the “Basic Act on Emergency Management.” We look forward to the future enactment of a basic law on integrated national emergency management.
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