National Assembly Research Articles

지방의회 공무국외연수제도의 개선방안 연구

In This study, we sought to examine the current status of local council public service overseas training with a focus on laws and regulations and suggest improvement measures to ensure integrity and reliability.
 First, in the preliminary stage, effectiveness must be secured by strengthening the pre-deliberation process in the preliminary stage. The ratio of civilian members must be at least 60% to ensure fairness and integrity in the review. In addition, prior study is necessary for practical overseas training in public affairs. Second, at the implementation stage, the basic principles and behavior matters to be observed by local council members during overseas training for public service should be stipulated in ordinances so that they can fully understand the purpose during the overseas training for public service. Third, in the follow-up stage, the review committee conducts an evaluation of the result report, and in the case of an unfair or seriously poor business trip result report (including lack of schedule compliance and accounting fraud), it must be stipulated that the chairman can request disciplinary action from the ethics special committee. In addition, lawmakers who have been on overseas official business trips must ensure fairness and integrity by informing local residents and the National Assembly of the results report within a certain period of time through official events Fourth, as another measure, it is necessary for local councils to enact and operate regulations on overseas training for civil servants stipulated by rules or ordinances in order to ensure responsibility and integrity for overseas training for civil servants.

OTT구독료 소득공제 도입 논의와 타당성 검토

Since the income deduction system for the expense amount of credit cards and cash receipts was first introduced at 「Restriction of Special Taxation Act」 in Korea, the benefits have also been expanded for traditional market use, public transportation use, and cultural expenditure. In particular, the cultural expense income deduction included the purchase of books and newspapers, ticket payment for performance halls and museums, and the purchase of movie tickets from July this year. In addition, the Ministry of Culture, Sports and Tourism ordered research services to incorporate OTT monthly subscriptions into credit card deductions as cultural expenses, and the National Assembly proposed a partial revision to the 「Restriction of Special Taxation Act」 in July this year. This is because tax cuts on OTT subscription fees can help not only promote people's cultural life but also secure the competitiveness of the OTT industry.
 Tax reductions should be able to take effective measures to achieve the policy objectives pursued by the government, along with a close review of the effects of each income class from the perspective of tax egalitarianism. However, the current credit card income deduction system aims to reveal the tax base of businesses rather than reduce the tax burden on the people, and there is a limit to continuously and stably operating the system due to the limitation of the sunset period under the 「Restriction of Special Taxation Act」.
 Therefore, tax cuts for OTT subscriptions should be legislated in consideration of the improvement of the system to maintain the current cultural expense deduction in preparation for the reduction or abolition of credit card income deductions in the future. In the long run, it is necessary to consider revising the 「Income Tax Act」 etc, not the 「Restriction of Special Taxation Act」, to introduce tax benefits for cultural expenditures as special tax credits or to designate them as VAT exemptions. On the other hand, tax cuts for companies should also be designed to benefit from the revitalization of the cultural content industry. However, in order to prevent tax avoidance of overseas companies, it is necessary to incorporate it into a system that can manage the sales of OTT subscriptions of the operator, such as the current cultural expense income deduction system used by the Ministry of Culture, Sports and Tourism.

사회적경제기본법(안)의 사회적경제 및 사회적경제조직의 정의에 관한 연구

The Social Economy Basic Law (draft) has been proposed five times in the 21st National Assembly. The social economy is considered to have the attributes of economic activities that have organizational democracy and autonomy internally and pursue various values and purposes externally. However, according to the legislative bills proposed in the 21st National Assembly, the definition of social economy includes contents such as reciprocal cooperation, reciprocity and solidarity internally, but the main focus is on external activities such as the realization of social values rather than internal activities or organizations. As for the definition of a social economy organization, although it should be an organization with internal autonomous operation and democratic decision-making structure, the lawmakers' bill defines a social economy organization as a business organization that engages in business activities such as purchasing, producing, selling, and consuming goods and services while pursuing social values, and in fact does not mention the requirements for internal autonomy and democratic decision-making structure. As a result, the Social Economy Basic Act proposed by lawmakers has not been able to differentiate itself from the existing Social Enterprise Development Act and has not been enacted. Therefore, it is necessary to insert the contents of internal autonomy and democratic decision-making structure into the definition regulations so that the Basic Social Economy Act (Draft) is in line with the original meaning of social economy and social economy organizations, and to specify the contents of internal autonomy and democratic decision-making structure separately as requirements for social economy organizations in the legislation. It is expected that the original meaning of social economy will be reflected in the bill and the legislation will be smoothly implemented through the supplementation of the definition and the addition of requirements.

공기업의 법적 개념에 관한 연구

In the 2021 research service report “Estimation of the GDP share of public institutions” issued by the National Assembly Budget Office, there are many differences in the definition of public institutions and the availability of basic statistical data, so the “definition of public institutions” hinders the creation of statistical data. indicating that it is happening. If the creation of statistics, which is extremely important in modern society, is hindered by legal definition, it can be said that the responsibility of legal scholars has played a significant role. Although the legal concept of public enterprise has improved a lot in recent years, the influence of the anachronistic Otto Mayer’s concept is still ubiquitous. In the European Union, where most of the civil law countries are located, the Commission noted in 1980, precisely this criterion, qualifying as public any undertaking over which the public authorities may exercise directly or indirectly a dominant influence on the property, the financial participation or the rules they impose. Otto Mayer used the word “établissement public” interchangeably with the word public enterprise(“entreprise publique”), referring to a public enterprise as “the sum total of material or human means for the purpose of continuously serving a specified public interest in the hands of a public administration.”
 In France, it was the Blanco decision in 1873 that public service was declared as criterion to the “Droit Administratif” in the administrative litigation, and public service was divided into administrative public service and commercial and industrial public service. Since it was the 1921, West African Commercial Society decision, the commercial and industrial public service activities was excluded from the subject of administrative action and became the subject of civil suit. Otto Mayer understood public service as public service, which is the public administration activity that is subject to administrative suit in its entirety, that is, the public enterprise he expressed.(“entreprise publique”). Until World War I, public corporations as corporations that we understand today had been laissez-faire based on the concept of “the night watch state (Etat gendarme),” and due to the general mobilization nature of World War I, the state did not intervene extensively in the economy. At the beginning, due to the nationalization of private companies to wage war, public corporations began to become popular, and after the end of World War I, the West African commercial society judgment in 1921 made the activities of public corporations the subject of civil law suits. So, today’s organic concept of a public enterprise and Otto Mayer's concept of an operative nature must be disconnected. The word “public enterprise patent” used by Otto Meyer also refers to today's public service patents of an administrative nature, such as patents on eminent domain, which is a completely different concept from today's public corporations consisting of commercial and industrial corporations and joint stock companies under commercial law. Therefore, it should no longer be used.
 The Act on the Operation of Public Institutions is not an Basic Law. It is a plan to classify public corporations and quasi-governmental organizations based on the proportion of their own revenues out of total revenues, rather than classifying public corporations and quasi-governmental organizations based on their respective legal characteristics. As a convenient idea only for financial control by the Ministry of Finance, it is necessary to seek a control method corresponding to the classification according to the legal nature. The Local Public Enterprise Act confuses public corporations in the functional and organizational senses from their definition. Administrative law evolves in line with political and socioeconomic changes.

위헌심사를 통한 사회적 기본권의 실현 방안

This article examines ways to strengthen and to extend the realization of social rights through judicial review.
 First, it can be considered to strengthen the realization of social rights by heightening the standard of review according to types and degrees of the legal interests at issue in individual cases. It is the same way that the Constitutional Court recently showed in the application of the principle of prohibition of under-protectiveness, which is a review standard for violation of the duty for state to protect constitutional rights.
 Secondly, the realization of social rights can be expanded through judicial review with the right to equality(the principle of equality). Although the Constitutional Court cannot force the implementation of a specific policy for social welfare of people, it may require the State to expand the scope of beneficiaries of the social welfare on the ground of the right to equality(the principle of equality) once the State adopted the specific policy.
 Thirdly, the decision of non-conformity serves as an appropriate and useful form of decision in the judicial review with social rights. With declaring that the current State’s action does not meet the level required by the Constitution and leaving specific methods for improving the situation to the National Assembly, the Constitutional Court can avoid questions about the legitimacy of judicial review raised from the principles of democracy or separation of powers, and the criticisms of the Court’s lack of ability to make proper judgments about the State's financial capacity or policy priorities.
 In addition, the principle of legal stability serves to guarantee at least the current level of benefits by preventing from reduction or abolition without justifiable reasons, and the principle of Parliamentary Reservation strengthens the realization of social rights indirectly through heightening the standards of review regarding formal and procedural requirements of legislation.

Revisiting Zoning in Nigerian Politics

From 1999 to 2022, ethnic affiliation, religiousity and geo-political zones has been the unofficial pre-election criteria for selecting candidates for the presidential and governorship positions in Nigeria. The selection process created unnecessary tension in the polity. To stem the tide of political volatility, there has been intensification in calls for zoning principal offices between the north and the south, and between the various senatorial zones at the state level. In revisiting the politics surrounding zoning, and the questions about its constitutionality, the paper examines its historical antecedent, as well as Article 72(C), 2009 of People's Democratic Party's Constitution. Adopting Elites theoretical framework, and for methodology, qualitative descriptive data and content analysis was utilized. The paper found that intra-elite rivalries and the 'do or die' politics during the process of selection and election of candidates, has marred the development of democratic ethos in the country. It concluded that due to the above anomalies, democracy has faced some dysfunctionality, giving rise to the quest to zone principal offices. Considering Nigeria's multi-ethnic diversity, the study recommends that before its adoption, the National Assembly should constitutionally spell out the modalities for its operation, as it stands out to be a more peaceful means for achieving equity and inclusiveness in governance.

PUBLIC DEBT AND ECONOMIC DEVELOPMENT IN NIGERIA, 2015-2022

The study interrogated the interface between public debt and economic development in Nigeria between 2015 and 2022. The objective was to find out if public debt negatively affects overall economic development in Nigeria. Public debt involves loans incurred by the government to finance its activities, while economic development implies improvement in the standard of living of the entire population of a given country. the paper relied on documentary and survey methods for data collection. The documentary was anchored on textbooks, well research journal articles National Bureau of Statistics (NBS), official documents, DMO official documents, Newspaper, Central Bank of Nigeria (CBN) documents, other documents from the Budget Office of the Federation (BOF) and internet materials. For the survey method, we used in-depth interviews where in-depth interviews were conducted for 6 respondents randomly selected from BOF, DMO, and NBS in Abuja, 6 members of the academia from the North Central geopolitical zone-Abuja and Nasarawa, a total of 12 persons were interviewed. The interviewees were randomly selected. Our theoretical framework was anchored on the dependency theory. The findings showed that a substantial proportion of loans borrowed by this administration were not judiciously utilized and that in most cases the borrowed money benefitted the creditor nations. The paper also found out that the legislature is not resisting this administration's attempt to borrow for unproductive ventures recklessly and senselessly. The paper further disclosed that this government is not only politically rascal but does not respect the law. It recommends the need for lenders to ensure that loans given to countries are judiciously used for the intended purpose, the National Assembly must not just be a toothless bulldog but must always scrutinize loan requests by the president before approval and finally, the legislature must look at previous piled- up loans before approving new ones.

Capacity Building and Women Leadership in Kenya Political Elective Positions

Purpose: The purpose of this study was to determine the role of capacity building on women leadership in Kenya political elective positions.
 Methodology: A mixed method research design was adopted with a positivism philosophy approach. A simple random sampling method was applied to select a representative sample of the study. The target population comprised of 172 women elected in National Assembly and Senate. Primary data was collected through open ended questionnaires and secondary data was collected through published records. Statistical Package for Social Sciences (SPSS) version 25.0 was used to facilitate data analysis process. The collected data was analysed using both descriptive and inferential statistics to draw conclusions.
 Results: The inferential statistics results revealed a positive and significant relationship between capacity building and inclusion of women in the elective positions in Kenya at p<0.05. Capacity building and women leadership in Kenya political elective positions had a Pearson’s correlation of r=0.323 (p=0.001) which was weak but positive. The correlation results implied that capacity building is had a weak, strong and positive association with women leadership in Kenya political elective positions. According to these findings increase in capacity building increased women leadership in Kenya political elective positions. The R2 for the model was 0.105 indicating that 10.5% variations in women leadership in elective in Kenya could be explained for by capacity building other factors held constant. This was a sign that the model was appropriate for establishing the link between relationship between capacity building and inclusion of women in the elective positions in Kenya and, as a result, for drawing the conclusions and suggestions from the study.
 Unique Contribution to Theory, Practice and Policy: While the existing Trait Theory of Leadership used in this study was validated, the study recommends that that political parties should organize for training on women who are willing to vie for political offices. These trainings should aim to equip women leaders with knowledge and skills which will increase their chances of being elected in elective in positions. According to the study, policymakers and political parties should take the lead in providing mentorship programs for women seeking elective positions to have same experience just like their men counterpart.

Guerrillas and Combative Mothers: Women and the Armed Struggle in South Africa

Siphokazi Magadla's Guerrillas and Combative Mothers rests on 40 life histories of women who joined armed struggles of many kinds to fight apartheid. The book is a result of her doctorate which in turn rests on work she did while being a research consultant at the Institute for Security Studies. In 2010, on the tenth anniversary of the United Nations' (UN's) adoption of Resolution 1325, Magadla and Chery Hendricks produced the documentary Women and Security Sector Transformation in South Africa (2010). Magadla interviewed Major General Ntsiki Memela-Motumi, then chief director of transformation management in the South African National Defence Force (SANDF); Thandi Modise, a previous chair of the Portfolio Committee on Defence in the National Assembly and; Mala Singh, former deputy national commissioner of the South African Police Service (SAPS). Memela-Motumi and Modise are both former combatants in Umkhonto weSizwe (MK). They provided rich accounts of how their experiences as women in MK informed their later roles in transforming the SANDF. However, the study also has a prior genesis in Magadla's own experience of being the daughter of a soldier in the Transkei Defence Force. He ended his military career at 40 after that force was integrated into the SANDF. Her mother, a psychiatric nurse, also made her aware of the unstable mental conditions of many soldiers who were demobilised from the various armed forces in the period around 1994. This personal knowledge plus the experience of working with the Institute for Security Studies (ISS) gives the impetus for an important study. It is a study arising out of the complicated and turbulent moment in time when seven armies were integrated. These seven armies include the South African Defence Force (SADF), MK, the Azanian People's Liberation Army (APLA) and the four 'homeland' armies. This was a period in which those who had chosen to fight apartheid were faced with the question of whether they were career soldiers or not; and whether a return to civilian life was possible now that there was no longer a war.

노동조합법 제2조 및 제3조 개정법률안에 대한 거부권 행사의 부당성

This article aims to look into the constitutional legitimacy of the possible exercise of the President's veto power to prevent the proposed amendments to Articles 2 and 3 of the Trade Union Act, which were referred to the plenary session of the National Assembly at the end of June 2023 with the collaborative initiation of the opposition parties despite the resistance of the ruling party, from becoming law.
 The presidential veto is a power that allows the president to object to a bill passed by the National Assembly and return it to the National Assembly for reconsideration. There are some competing views on the legal nature of this power, which is understood as a suspension or release condition, but it is reasonable to understand it as a unique constitutional mechanism that restrains the finalization and promulgation of laws for a certain period of time, since the request for reconsideration itself does not actively create a legal effect on whether the bill is confirmed or not.
 The constitutional function of the presidential veto has been recognized to be the procedural control of rushed, frivolous, or flawed legislation but it is noteworthy to growing focus is given to the presidential check on the National Assembly to promote the balance of power. As the function of the veto has been expanded, there has been a strengthening tendency to argue that there are no legal limitations on the requirements for its exercise so that it can be used out of policy disagreement or political motivation alone. Against this tendency, counter arguments have been consistently put forward that there should be inherent limitation on the exercise of the veto power so that it can be justified only if the target legislation is (1) unconstitutional, (2) unenforceable, (3) contrary to the national interest, and (4) politically motivated to exert political pressure by unreasonably restricting executive power in violation of the separation of powers. I conclude that the inherent limitation theory is preferred when considering the compatibility of the basic values, principles, and institutions of a democratic republic, the constitutional implications of the constitutional power structure, and the relative persuasiveness and logical consistency of the arguments. Above all, considering that the legislative power is an inherent function of the National Assembly in accordance with the principle of separation of powers, which is a universal principle that cannot be denied regardless any form of government, and that the veto power is a procedural controlling power, not a substantive formative power, even according to the systematic interpretation of democracy and the rule of law, and that its legitimacy is to control the evils such as legislative dictatorship, not to replace the legislative power, the constitutional principles of a democratic republic cannot justify that the legislative power is neutralized by the abuse of the presidential veto leading to the presidential administrative dictatorship.
 Even if there is an inherent limit in the exercise of presidential veto power, there is a problem that this limit is a ‘political morality of the constitution’ rather than a ‘law of the constitution’ where normative power can be enforced through judicial procedures, and there is no possibility of external control such as judicial review or constitutional adjudication.

Consideration on the Direction of Enactment of the Local Council Act

Purpose: Local autonomy was revived in 1991, and 30 years later, local councils have made a lot of progress. However, local residents' trust in local councils is not at a satisfactory level. In particular, on January 13, 2022, the entire「Local Autonomy Act」was amended to strengthen the autonomy of residents and local governments, and to secure transparency and accountability. It can be said that it is necessary to enact a local council law that can increase.
 Method: Comparison and analysis of the 'Local Council Act' proposed by Jeon Hyun-hee, former member of the 20th National Assembly in February 2018 and Lee Hae-sik, a member of the National Assembly in November 2020, which is the most representative proposal among local council laws, and refer to the Local Autonomy Act and the National Assembly Act to determine the direction of local assembly law wanted to make a suggestion.
 Results: The role of local councils is becoming more important to respond to the changing social structure and solve local problems. Therefore, it is necessary to activate local legislative activities to fulfill practical authority and roles. In other words, the direction of enactment of the Local Council Act should ensure the autonomy of the local council while at the same time strengthening its responsibility(professionalism). Therefore, it is required to secure transparency and reliability in the legislative activities of local councils and local councilors in parallel with the expansion of the authority of local councils.
 Conclusion: As matters to be considered in enacting the Local Assembly Act, first, the practical benefits of enacting the Local Assembly Act should be fully considered. If the authority and independence of the local council can be strengthened and established by supplementing the current Local Autonomy Act, the need for enactment of the Local Council Act is low. Second, the direction of strengthening the responsibility and autonomy of local councils so that the enactment of the Local Council Act can solve problems in the local community with the strengthened authority and status of the local council, improve the quality of life of local residents, and activate grassroots democracy. should be enacted as.

도심융합특구제도 추진동향과 토지공법적 과제

Inner city areas have been served as central places for business, commercial and cultural activities for a long time in the major cities. Recently, inner city areas receive great public attention as an innovative space for attracting young people throughout new jobs and restructuring urban functions. Based on these circumstances, Korean government announced the establishment plan for Urban Innovation District System in the inner cities last September of 2020 in order to secure local base for the regional innovation system. The main purpose of the establishment of Urban Innovation District System in the inner cities is providing base space for innovative activities using the network system between entrepreneurial activity, research activities, cultural activities and daily activities in terms of time and physical connection. To cope with this purpose government and lawmakers are pushing for the legislation of Special Act for Urban Innovation District Systems in the inner cities. Previous researches about the successful innovation districts in abroad indicates that excellent accessibility is the key factor of the districts. That is, excellent accessibility enables liberal contact and meeting between the companies and research centers including administrative agents. And these activities establish the confidential relationship between the innovative partners and this relationship can cause the proliferation of knowledge exchanges and strengthen the role of the districts to lead regional development. But Daeduk Special Research and Development Zone considered as a precedence case of the Urban Innovation District Systems in the inner cities is reviewed as a case of failure despite of the enough research outcomes. One of the reasons why the Daeduk Special Research and Development Zone considered as a case of failure is that the Special Research and Development Zone has no certain connection with the surrounding areas in terms of geographical, spatial, social context. Based on these findings this study suggests that in order to accomplish the purpose of the establishment of Urban Innovation District System in the inner cities both of the institutional arrangements and changeover efforts to minimize shortcomings and maximize strength the system are essential. For this reason, the Inner City Special District Act pending at the National Assembly needs to modify to secure enough leadership and financial resources align with the local characteristics and industrial conditions of the region.

부동산 전세사기 피해자 구제방안

The title of this thesis is ‘A Study on the Relief Plan for Real Estate Lease Fraud Victims’. It would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since Real Estate Lease system is something that is being newly developed, a thorough examination of past problems can lead to a future's system that is more rational and accords with substantial justice. I reviewed the amendments to the Housing Lease Protection Act, the Certified Arbitration Judicial Act, and the Appraisal Evaluation Act, which were recently passed by the National Assembly.

지방의회 후원회제도에 관한 실증분석

This study compares and analyzes the process of change of the supporters association system and the results of the survey on the work of members of the regional councils and members of the National Assembly, and proposes improvement plans for the supporters association system and related laws and regulations suitable for the status of members of the regional councils.
 As a result of the study, it was deduced that it is necessary to adjust the ratio of contributions between members of the National Assembly and local council members to 70:30 by improving the ceiling on donations for local council members in a more forward-looking direction than the current limit of 50/100 of election expenses. Therefore, it is proposed to designate the maximum amount of donations from local council members at 250 million won, which is 30% of the total amount of donations raised by members of the National Assembly, which is 750 million won.
 The reason I thought this was because of the following reasons. First, in the workload analysis of local council members, 70.7% of respondents answered that ‘the workload of local council members is greater than that of national assembly members’. Second, 49.1% of respondents answered that ‘the workload of local council members and National Assembly members is similar’ or ‘the workload of local council members is more than 50% higher’. Therefore, it is based on the fact that it is reasonable to set the size of donations to local council members at 30% of the amount of donations to members of the National Assembly.

프랑스 이원정부제(혼합정부제)의 시사점

The reason why the Constitution exists is ultimately to guarantee the basic rights of the people. State power is only a means to guarantee that. Therefore, the issue of the form of government on how to organize and exercise the power of the state should be the primary goal of guaranteeing the basic rights and improving the welfare of the people.
 In the meantime, various proposals have been presented regarding the constitutional amendment of the form of government, such as the dual executive system, the US-type pure presidential system, and the parliamentary cabinet system, etc. Among them, amending the Constitution of the dual executive system has risen rapidly since 2008, and in 2009, the National Assembly Constitutional Research Advisory Committee proposed the dual executive system as its first proposal, and in 2014, the National Assembly Constitutional Amendment Advisory Committee proposed it adding to the provisions of the Constitution as a constitutional amendment.
 The reasons for Korea's interest in the dual executive system can be summarized as follows: ➀ the need to divide power in the current presidential system, ➁ promoting the realization of responsible politics, ➂ satisfying the desire of the people for a direct presidential system, and ➃ the similarity between the current Constitution and the dual executive system, including the prime ministerial system, etc.
 France is a representative country adopting the dual executive system, and in the case of France, regime change is frequent. In the principle way that whether or not a regime change is well carried out is a criterion for diagnosing the soundness of a country's democracy, while democratic management of the state by the current government is also important for a regime change, it must be accompanied by institutional support to ensure that regime change occurs in a timely manner and following the will of the people.
 In this respect, the French dual executive system is considered that it is institutionally more suitable than other forms of government to realize the political will of the people as sovereigns in that both the presidential election and the National Assembly election can practically realize regime change.
 Each form of government has advantages and disadvantages. In principle, it was said that no matter how good the clothes are, they must fit my body to be my ones. Depending on the history, unique culture, and political situation of each country, the advantages in any country can also act as disadvantages in other countries. Therefore, even when discussing the form of government, not only the institution itself should be analyzed, but the history, unique culture, and political situation of each country should be analyzed equally along with institutional theories.

재건축 안전진단 제도 개선 방안 연구

Reconstruction contributes to improving the quality of life of residents by creating an aging, unstable and poor residential environment into a safe and pleasant residential environment, and is also an important means of realizing basic constitutional rights such as people's right to pursue happiness, property rights, and housing freedom. However, the reconstruction project is causing a lot of confusion to the housing market and the people as related laws and systems repeatedly regulate and ease due to the ups and downs of the housing market and regime change.
 Accordingly, this study attempted to investigate and analyze legislative system improvement efforts raised by the National Assembly on the “Safety Diagnosis Standards for Housing Reconstruction” announced by the government and derive reasonable system improvement measures through Delphi, experts related to safety diagnosis. Based on this process, I would like to propose a plan to improve the current housing reconstruction safety diagnosis system.
 First, the authority to determine safety diagnosis, including the composition and ratio of each item of the safety diagnosis evaluation criteria, should be delegated to the head of the metropolitan government. Critics say that the Ministry of Land, Infrastructure and Transport does not reflect the characteristics of the region and hinders the smooth promotion of reconstruction projects by setting safety diagnosis standards uniformly and uniformly in different situations. Therefore, it is necessary to delegate the authority to decide on safety diagnosis standards to the heads of metropolitan local governments.
 Second, Article 2, Subparagraph 3 (b) of the current Urban Improvement Act defines “significant functional defects among buildings that have not secured seismic performance” as old-age defective buildings. However, whether or not seismic design is reflected in the structural safety evaluation item is omitted. Structural safety assessment items should include whether seismic design is reflected.
 Third, although geological conditions and ground conditions have a very significant impact on the structural safety of buildings, geological conditions and ground conditions are omitted from the structural stability evaluation items. The omission of these important evaluation factors is a factor that degrades the validity and reliability of the safety diagnosis evaluation results.
 Fourth, the use of asbestos building materials should be reflected in the safety diagnosis evaluation items. When inhaled into the human body, asbestos, a first-class carcinogen designated by the World Health Organization, causes fatal diseases such as asbestos lung disease, lung cancer, and malignant mesothelioma. Therefore, in Korea, the Asbestos Safety Management Act has been enacted to thoroughly manage asbestos exposure contained in buildings so that it does not damage public health.
 Fifth, it is necessary for local governments to support certain costs incurred by conducting safety diagnosis for housing reconstruction. However, some say that local governments should not invest in projects to rebuild private property, but the reconstruction project improves the residential environment of owners, such as local land, while creating public benefits such as roads, parks, community facilities, and public rental housing. It is currently supported by some local governments.

대통령 집무실 및 전직대통령 사저 인근에서의 절대적 집회금지를 규정한 집시법 제11조 개정안의 위헌성

Recently, some members of National Assembly proposed an amendment to Article 11 of the ‘Assembly And Demonstration Act’ in order to ban on assemblies in the vicinity of the Executive Office of the President and former President's residence This paper will examine the constitutionality of this proposal.
 Absolute no-assembly zones have historically been used by military regimes as a means to curb citizens' freedom of assembly. These zones are generally thought to be unduly restrictive of freedom of assembly and do not pass the proportionality test. In fact, the Constitutional Court of Korea has ruled several parts of Article 11 of the Assembly And Demonstration Act unconstitutional.
 Before examining the constitutionality of this amendment proposal, we must first define the concept of “Presidential residence” in Article 11(3) of the Assembly And Demonstration Act. Taking into account the dictionary meaning of the term, the structure of Article 11 of the Assembly And Demonstration Act, and the guarantee of freedom of assembly, the term “presidential residence” refers to the living quarters of the President and his family.
 The absolute prohibition of all assemblies in the vicinity of the President's residence is aimed at protecting the constitutional functions of the President, and the absolute prohibition of all assemblies in the vicinity of the residence of former presidents is aimed at ensuring the personal safety of former presidents and the tranquility of their residences. These legislative objectives are legitimate. However, the above provisions uniformly prohibit all assemblies despite the fact that there is no need to regulate small and peaceful assemblies. Also, the legislative objectives can be achieved through the Assembly and Demonstration Act, the Criminal Code, and the Presidential Security Act. Therefore, these provisions violate the right to freedom of assembly. The amendments should not be passed.

태어난 즉시 ‘출생등록될 권리’와 생부의 출생신고권

On March 23, 2023, the Constitutional Court pronounced that ‘the right to be registered immediately after birth of a child’ is a constitutional a fundamental right under the constitution, and ruled that the provisions of the Act on the Registration, Etc. of Family Relationships, which do not include any clause allowing the birth of a child who is born to a married woman and a man other than her husband to be reported by the child’s biological father are nonconforming to the Constitution. This decision has opened the way for children whose births were not registered for the above reasons to be registered according to the improved legislation.
 Meanwhile, on June 22, 2023, shortly after this decision, the Board of Audit and Inspection announced the facts about children who were killed or abandoned without having their births registered. With this as an opportunity, the National Assembly expedited discussions on supplementary legislation. Consequently, a revised ‘Act on the Registration, Etc. of Family Relationships’, which introduces a birth registration system with the addition of a birth notification system in medical institutions, is scheduled to be implemented on July 19, 2024, after being amended on July 18, 2023.
 However, the amended law will not be applied retroactively. Furthermore, even with the implementation of the birth notification system, it will only apply within a limited scope, restricted to Korean nationals. Therefore, the Constitutional Court's decision, still has meaning.
 In this paper, I examined how the right to be registered immediately after birth of a child rooted in international legal norms, can be found as a fundamental right. I also explained its legal nature, specific content, and limitations. Additionally, I also argued about family relationships under the Constitution and examined that the right to report child’s birth of the biological father out of wedlock should be included within the broad scope of constitutional child custody right.

제주교육 관련 박사학위 논문의 연구 동향 분석

This study identified the trend of Jeju education-related research targeting doctoral
 dissertation. Doctoral dissertation were collected from ‘RISS’, ‘National Library of Korea’
 and ‘The National Assembly Library’, 70 papers were selected by reviewing whether or
 not they were related to Jeju education. And For keyword analysis, 466 keywords were
 derived and analyzed. The research results are as follows. 1) The first doctoral
 dissertation related to Jeju education was published in 1990. And since 2012, the
 frequency of dissertations publication has increased. From 1990 to 2007, 10
 dissertations were published outside of Jeju. Since 2008, dissertations has been
 published at Jeju National University. Of the total 60 dissertations published since 2008,
 48(80%) dissertations are published by Jeju National University. Doctoral dissertations
 are mostly related to science education and computer education. 2) The network
 attribute has low density between keywords. And the cluster coefficient is high. The
 structure of the network consists of ① keywords related to education programs, ②
 keywords related to humanities, arts, society, and nature in Jeju, which is expressed as
 'Jeju type' ③ keywords related to students & teacher ④ keywords related to curriculum
 and subject content, ⑤ keywords related to educational institutions and policies. Finally,
 based on the research results, the implications and directions of research related to Jeju
 education were suggested.

Anti-war or alliance? roll-call votes of the National Assembly of the Republic of Korea on war issues (2003–2007)

Anti-war or alliance? roll-call votes of the National Assembly of the Republic of Korea on war issues (2003–2007)