Enactment Of Ordinance Research Articles

지역 문화예술교육 활성화를 위한 실태 연구

This study aims to explore future development directions for revitalizing local culture and arts education by confirming the details of the regional culture and arts education budget and ordinance enactment. The data of the study were examined by referring to the current status of regional culture and arts education support centers in 17 metropolitan and provincial governments by year provided by the Korea Culture and Arts Education Promotion Agency. In addition, as a public institution, its influence was confirmed by grasping the timing, status, and details of the ordinance, which is the legal basis for the operation of the business of culture and art education support center. Through this, this paper has significance as an objective and quantitative data for future research on culture and arts education.

사회복지사법 제정과 사회복지종사자 처우에 관한 연구 - 관련 조례 제정과 사회복지종사자 보수를 중심으로 -

The contents of this study are as follows. First, the Act on the Improvement of the Treatment and Status of Social Workers, etc. (hereinafter referred to as the "Act")As of March 6, 2023, 239 local governments out of a total of 243 local governments enacted ordinances, and only four local governments did not enact ordinances, reaching 98.3%.
 Second, the annual growth rate of social welfare workers was compared and analyzed to determine how the legislation affected the remuneration level of social welfare workers, and as a result, the annual increase rate was 3.73% for three years from 2012 to 2014, and for six years from 2015 to 2020, the average annual increase rate was 6.08%, an increase of 36.5%. This will require various analyses, including the overall perception of labor in society and the increase in earned income of the entire nation, but some can be judged to be effective in enacting laws. In addition, as a result of examining the remuneration level data for social welfare workers compared to the ordinance-making ratio by metropolitan and provincial governments, the highest remuneration level was assumed to be 100 in 2014 and the lowest remuneration level was 75.5%, in 2017, the ratio increased to 83.2%, and in 2020, it was found that the ratio increased to 85.5%. As such, it can be seen that local governments have improved their awareness of the enactment of ordinances, and as a result of these efforts, it was judged that the remuneration level of social welfare workers could gradually increase.
 As a result of regression analysis between the three-year ordinance-making ratio and the annual total salary of social workers in 2014, 2017, and 2020, the regression model was (the annual total salary) = 24,622,425(KRW) + 68,969(KRW)×(ordinance-making ratio)i where i = 1.2...45, and the annual total salary increased by 1% to an average of 68,969 Korean currency, won.
 And the explanatory power(R-square=.352) was analyzed as 35.2%.
 In conclusion, it can be seen that the law enacted in March 2011 influenced the enactment and revision of ordinances by local governments and contributed to the improvement of the remuneration level of social welfare workers.

지역주택조합 설립단계상의 실효적 개선방안에 관한 연구

As the Seoul's housing policy changed from a full-scale demolition method to a conservation, management, and regeneration method, the survey began as a new town and redevelopment exit strategy, and 391 maintenance(schedule) areas and maintenance areas were lifted in Seoul alone from 2011 to 2020. The (single) housing reconstruction project was abolished as of August 3, 2014, and the local housing association project began to be activated as an alternative project. Based on the period from 2000 to September 2022, There are in progress the local housing associations project 603 places nationwide, 114 places in Seoul. and There are the number of planned households 356,624 households nationwide, 61,489 households in Seoul. Based on the period from 2000 to September 2022, looking at the progress of the local housing association project in Seoul, the approval for the establishment of a association (19 places) was shown to be lower than the report for the recruitment of association members (82 places). This is that the local housing association project under the 「Housing Act」 was carried out by some local residents and business agencies without public support, unlike the maintenance project that falls under the「Urban and Residential Environment Improvement Act」, so because there are problems in the establishment stage before approval for the establishment of the association. (First, the issue of regional analysis and regional selection. Second, the issue of local housing association business planning. Third, the issue of the composition and operation of the promotion committee. Fourth, the issue of the promotion committee's selection of service providers. Fifth, the issue of securing land use rights. Sixth, the issue of the timing of the recruitment of association members.) The maintenance projects under the「Urban and Residential Environment Improvement Act」 have been promoted under the management and supervision of the government and the Seoul as the 「Urban and Residential Environment Improvement Act」 has been newly established and revised several times and related systems have been improved. On the other hand, the local housing association project under the 「Housing Act」 has been promoted in the indifference of the government and the Seoul to the extent that a related department was recently created in the Seoul. In the case of maintenance projects under the 「Urban and Residential Environment Improvement Act」support by the public in accordance with the 「Urban and Residential Environment Improvement Act」, the 「Seoul Metropolitan Government Ordinance on Urban and Residential Environment Improvement」, and the Public Support Plan (Quick Integration Plan). Therefore, in this study, prior to the revision and establishment of the 「Housing Act」, in the case of the Seoul, the autonomous districts that have the right to establish an association of local housing association projects are interested in local housing association projects, communicate with local residents, and so that we can improve problems together. By presenting ‘the autonomous district ordinance enactment’ as an improvement plan, the local housing association project is intended to establish itself as a ‘housing policy for the common people to prepare their own homes’, which is the fundamental purpose of the local housing association project.

인구감소시대 교육의 질 제고를 위한 지방의회의 역할 분석

This study analyzes the phe prospect of school age population decline and the direction of future education reform were analyzed. And the role of local councils to improve the quality of education was studied. The main results are as follows.
 First, local councils need to actively improve the quality of preschool, elementary, and secondary education by reducing the number of students per class.
 Second, local councils need to promote the enactment of ordinances to support bridging the gap in higher education under the jurisdiction of local governments, ordinances to support distance education, and ordinances to support artificial intelligence education between universities, local governments, and education offices.
 Third, local councils need to pay attention to the enactment of ordinances to support educational cooperation between metropolitan and provincial offices of education and local universities.

다인종·다문화시대 지방자치단체의 이주민 지원 조례 연구

This study analyzed the current status and contents of the ordinance enactment of local governments supporting migrants living in the region in a multiracial and multicultural society. The object of this study is the ordinance to support migrants in the local government of Gwangju Metropolitan City, and the method of analysis is divided into the normative system and the effective system of the ordinance, and the contents are analyzed. The main results of the study are as follows. First, in terms of the policy target of the ordinance, some local governments exclude migrants who do not have the legal status of residence, causing confusion in policy implementation. Second, the ordinance's support scope specifies very similar projects and has a standardized framework. Third, the ordinance has provisions on the establishment and operation of committees and support centers for the efficient promotion of migrant policies, but they are at a non-forced level. Fourth, most of the contents related to health and medical care support for migrants remain at the level of providing living convenience and emergency relief. Based on these findings, policy implications are presented as follows. First, it is necessary to amend the ordinance in the direction of expanding the policy targets of the migrants support ordinance. Second, it is necessary to amend the ordinance to reflect the characteristics and environment of the area where migrants live. Third, local governments in Gwangju Metropolitan City should establish support centers and promote practical projects for the efficient promotion of migrants support policies. Fourth, local governments should revise ordinances to improve the health and quality of life of migrants. Lastly, since this study looked at the migrant support ordinance targeting local governments in the Gwangju Metropolitan City area, the results of the study are bound to have certain limitations. In the future, it is expected that follow-up studies will be conducted to compare and analyze migrant support ordinances by expanding the research area.

서울시 학교 주변의 식품환경과 청소년 식생활 및 비만 관련성

Objectives: The obesity rate among adolescents in Korea is continuously increasing. This study aimed to examine the relationship between dietary habits and obesity in Korean adolescents by focusing on the food environment around schools in Seoul. Methods: We used data from the 2020 Korea Youth Risk Behavior Survey and 2021 administrative data. In total, 7,691 middle and high school students from four regions in Seoul were included. Multilevel logistic regression analysis was performed to examine the effects of individual level and food environment factors around schools affecting adolescent obesity. Results: Adolescents in the southeastern region of Seoul had higher fruit intake and lower obesity rate compared to others. As a result of multilevel logistic regression analysis, sex and school had a significant effect on adolescent obesity in individual level factors. In school level factors, the number of convenience stores and fast food restaurants around the schools had a significant effect on adolescent obesity. Conclusion: The food environment around schools influenced adolescent dietary habits and obesity in that they spend most of their time in schools. Based on the results, there is need for ordinance enactment and promotion of related policies on improving the food environment around schools to form proper adolescent dietary habits and reduce Korean adolescent obesity.

법치주의와 조화로운 자치재정권 확대

Since the revival of the local autonomy system in 1995, decentralization of local autonomy has emerged as a major national task in almost all governments, and many discussions have been made on it. As the Decentralization Act defines decentralization of local autonomy and emphasizes the importance of local finance in local autonomy, the autonomy and finance of local governments is essential to complete autonomy and decentralization. Just as it is difficult to conclude that the right to self-government is clearly recognized by the current constitutional provisions, the legal guarantee for self-government and finance is not very high compared to the number of articles in the law. In particular, it may be close to impossible to increase the sovereignty of taxation within the limits of the ideology of the rule of law. The local financial system in Korea was prepared and operated for convenience in administrative management, but since the era of democratization, it has developed in the direction of promoting fiscal soundness while reflecting many factors of autonomy. Since 2005, it has been organized to some extent in the form of ‘Revenue Authority - Appropriation Authority’. However, in the legal system, the link between the Local Autonomy Act and the Local Finance Act is loose, and there are many overlapping articles, so the hierarchy of laws is not established. The general legal nature of the Local Finance Act is also somewhat skeptical. Individual laws can be evaluated without encompassing them. This is especially true when it comes to grants and subsidies. The need to strengthen fiscal decentralization is becoming more and more urgent, but the first thing to do is to face the barrier of tax legalism. Even taking into account the recognition of the ordinance enactment and the flexible tax rate, it is difficult to see it as a practical autonomy. Coexistence can be promoted through active interpretation in the current constitutional system, but there are essential limitations. With reference to extra-legislative tax under the Japanese constitution, autonomous finance under the French constitution, and the distribution of legislative power under the German constitution, the Korean constitution also requires a bold decision to recognize tax autonomy and autonomous finance. In addition to taxation, the scope of ordinance enactment rights on non-tax income such as fines for negligence is also a task that needs to be continuously reviewed in relation to the expansion of autonomous legislative power. We need to focus our attention and efforts so that the noble values of the democratic constitution, the ideology of the rule of law, and the vocation of the times, the decentralization of autonomy, do not collide and harmonize.

전후 식민지 홍콩의 보건의료 — 1946~1964년 새로운 과제와 보건당국의 대응을 중심으로 —

Since the 1894 plague epidemic, Hong Kong’s colonial medicine had improved, which in part accompanied by the economic growth given Hong Kong being an import node of the British Empire’s Asian trade network. Yet, colonial medicine has emphasized the ‘prevention of infectious diseases’ and ‘quarantine’ strategy and ‘medical service’ was left to the medical market. Charitable organizations, especially that of Chinese elites, devoted themselves to meeting the shortage of public medical services; such an approach aligned with the British’s intention that minimizes intervention on Chinese society. Some people also relied on traditional Chinese medicine as an alternative.<BR> The Chinese civil war and the establishment of the People’s Republic of China during late 1940s led to a rapid increase in population in Hong Kong, leading to the extreme shortage of public medical services. The Chinese society in Hong Kong has continuously demanded authorities solve medical problems such as high medical costs and the lack of doctors. So far, the colonial authorities only introduced temporary measures, for example, letting unregistered “refugee doctors” who migrated from the mainland work for the government medical services and charity clinics.<BR> The government’s approach to public health care, however, had a major turn from the political and societal pressure. China’s renewed policy toward Hong Kong, the so-called ‘united front’ strategy, raised an awareness of the internal security of Hong Kong. The colonial authorities needed to curb the encroachment of the Chinese Communist Party (CCP) and consolidate colonial rule. Coupled with political considerations to solidify morale or the public sentiment, many public health issues which were previously overlooked were to be handled.<BR> From the late 1940s to the early 1960s, one of the key issues in public health was to keep ‘unregistered’ doctors and ‘charity clinics’ as well as Traditional Chinese Medicine(TCM) practitioners under government control. For this purpose, the government revised the Medical Registration Ordinance, and enacted Clinic Ordinance. In the process of the amendment and the enactment of ordinances, the health authority allowed unregistered doctors to sit in special medical license exams in 1957, 1958, and 1959 without exception, although it was planned for governmental employees initially. It was a gesture of the colonial authority to embrace ‘refugee doctors’ as a member of Hong Kong society to serve for Hong Kong people. Besides, these ordinances provided the colonial government chance to estimate the scale of unregistered doctors and clinics. Furthermore, since these two ordinances illegalized former medical practices of unregistered doctors who worked for charity clinics for the poorer section of the public, except for exempted clinics, it became the inescapable responsibility of the government to provide sufficient public health care services to meet the people’s demand for affordable medical services. A medical white paper of 1964, entitled The Development of Medical Services in Hong Kong which includes medical development plans for the next 10 years, describes how medical care policy was redefined to meet the basic medical needs of Hong Kong people who could not afford private medical care.<BR> In summary, Hong Kong developed these ordinances part as a tool for social/political control and but also a measure to serve the public by refining public health scheme. By taking lens that takes into account changing relations between Hong Kong and the Mainland China, this paper expands previous limited understanding of how the Hong Kong’s colonial medicine had developed during 1940s to 1960s.

The Present Status and Development Plan of Citizen Participation: Focused on the Autonomous Police System

Purpose: This study aims to examine the current status of citizen participation in the self-governing police system, which has been implemented since July 1, 2021, focusing on metropolitan municipalities in Korea, and to suggest improvement plans for revitalization. Method: The research method was based on the website of local government, government statistics data, and academic papers. Results: The current citizen participation in the self-governing police system is limited to formal participation because there is a lack of system and support to be a citizen participation. Conclusion: As an improvement plan, first, it is necessary to open a unique homepage and strengthen the publicity in order to actively encourage citizens participation. In other words, it is necessary to actively promote and provide institutional support so that local citizens can actively know and participate in the main policies of the autonomous police committee. Second, active interactive communication plans should be sought to promote citizen participation (regular meetings, holding briefing sessions, etc.). Third, it is necessary to seek cooperation in the level of co-production in the security services. Fourth, it is the enactment of ordinances by local governments that can activate citizen participation. Fifth, the activation of citizen participation through the network construction of police cooperation organizations and civic groups related to security services should be promoted. For the success-ful settlement of the self-governing police system, citizen participation should be activated so that it can be a police activity that meets the needs of residents and the residents who are the purpose of the self-governing police system.

Switzerland: The Government as Legislator in Direct Democracy – a New Boost for the Upgrade of Constitutional Jurisdiction at the Federal Level?

In Switzerland, it was mainly the Governments on the federal and the regional level that enacted the measures to fight the COVID-19 pandemic in the form of ordinances. Consequently, the formal legislation by the Parliaments and the People suffered a considerable loss of importance. Inspired by the far-reaching judicial review through the Federal Tribunal regarding to ordinances released by the Cantons, the question of extending constitutional jurisdiction at the federal level moved into the focus of legal policy. The analysis of the first leading decisions by the Federal Tribunal and some cantonal courts concerning the enactment of ordinances shows, on the one hand, that the constitutional limits continued to have their effect during the pandemic. On the other hand, however, functional weaknesses became apparent, as judicial protection could hardly be obtained in time for structural reasons.

A Study on the Paradox Analysis of Student Human Rights Enhancement Policy through the Enactment of Ordinance

A Study on the Paradox Analysis of Student Human Rights Enhancement Policy through the Enactment of Ordinance

A Study on Local Publishing Ordinance

지역의 중요성과 지역분권이 강조되면서 최근 지자체들은 적극적으로 지역출판 관련 제도구축에 관심을 쏟고 있다. 이에 본 연구는 지자체가 제정한 지역출판진흥조례의 특성을 살펴보고 이를 지역역출판산업 활성화와 어떻게 연관되어 있는지를 분석하였다. 본 연구의 분석결과는 다음과 같다. 첫째, 지역출판생태계와 관련하여 생산-유통-소비와 관련한 조례 제정은 불균형적으로 나타났다. 대체로 지역의 출판 관련 조례는 수용자의 소비와 관련되어 있는데 이는 특히 독서진흥에 집중되었다. 이러한 불균형적 조례제정은 지역출판 생산자의 지원 정책의 미흡함을 시사한다. 둘째, 지역출판 관련 조례는 지역별 특성과 차이를 보이지 않고 유사한 형태로 제정된 것으로 나타났다. 이런 획일화된 조례제정은 지역별 차별화된 출판진흥전략 방향을 제공하지 않음으로써 지역출판문화를 부흥시키는데 제한적일 수 있음을 시사한다. 셋째, 지역출판 관련 조례는 대체로 임의조항 표현으로 구성되었다. 이는 강제조항이 아니기 때문에 강제성이 없으며, 할 수도 있고 하지 않더라도 책임을 물을 수 없다는 한계점을 시사한다.With the emphasis on the importance of the region and decentralization, local governments are actively paying attention to the establishment of local publishing related systems. This study examines the characteristics of local publishing promotion ordinances established by local governments and analyzes how this is related to the revitalization of local publishing industry. The results of this study are as follows. First, the enactment of ordinances related to production, distribution and consumption in relation to local publishing ecosystems was disproportionate. This disproportionate ordinance formulation suggests that the support policy of local publishing producers is insufficient. Second, the local publishing related ordinances were enacted in a similar form without showing any difference from the regional characteristics. This uniform ordinance can be limited in reviving local publishing culture by not providing differentiated publishing promotion strategy direction by region. Third, the local publishing related ordinances were generally composed of arbitrary clauses. This suggests that there is no compulsion because it is not a compulsory clause, and that it can not be held accountable even if it is not done or not.

Analysis of the Status and Contents of Ordinance Enactment for Korean Language Culture Promotion

Analysis of the Status and Contents of Ordinance Enactment for Korean Language Culture Promotion

조례안 처리 소요기간에 대한 영향요인 분석: 제7·8·9대 경기도의회 보건‧복지 분야 조례안을 중심으로

본 연구는 경기도의회에 제출된 보건·복지 분야 조례안에 대한 입법현황을 살펴보고, 조례안 처리 소요기간에 미치는 영향요인을 확인하였다. 이를 위해 제7대 경기도의회부터 제9대까지 총 12개년 동안 발의·제출된 조례안 229건을 분석하였다. 조례안 처리 소요기간에 대한 영향요인을 분석한 결과, 전체 조례안을 대상으로 한 경우 전문위원 검토보고서가 긍정적일 때 처리소요기간이 짧았으며, 전부개정안의 경우 제정안 보다 처리 소요기간이 길고, 입법예고를 한 경우 처리소요기간이 길게 나타났다. 집행부 제출안의 경우 의회대수를 거듭할수록 소요기간이 길어지고, 의장-도지사 정당이 동일한 경우 소요기간이 길게 나타났으며, 일부개정안의 경우 제정안보다 처리 기간이 짧게 소요되었다. 의원발의안의 경우 전문위원 검토보고서가 긍정적인 경우 처리기간이 적게 소요됐으며, 전부개정안의 처리가 제정안보다 길게 소요되고, 입법예고를 한 경우 처리 소요기간이 길게 나타났다. 본 연구는 보건·복지 분야의 조례안 처리 실태와 특성을 파악하고, 전략적 입법 기술, 입법 활동 지원체계 강화를 위한 제도 개선 등 정책적·실천적 함의를 도출하며, 효율적인 입법 활동을 위한 기초자료를 마련했다는 점에서 의미가 있다.

무인항공기를 활용한 섬지역 의료복지정책의 제도적 기반 연구 : 지방자치단체 조례 제정의 타당성을 중심으로

무인항공기를 활용한 섬지역 의료복지정책의 제도적 기반 연구 : 지방자치단체 조례 제정의 타당성을 중심으로

Impact of Audit Committee Adoption and its Characteristics on Financial Performance: Evidence from 100 French Companies

The aim of this paper is to examine the impact of legal creation of audit committees on financial firm performance. Precisely, we examine the impact of the establishment of audit committee, following the enactment of Ordinance No. 2008-1278, on financial firm market performance. Moreover, we investigate whether the audit committee characteristics such as independence of the members of the audit committees, the size; the accounting and financial expertise of the committee members as well as the frequency of audit committee meetings determine financial performance.We choose two measures for performance namely ROE and ROA. We conduct a panel study for a sample of 100 French companies listed on the Paris Stock Exchange from 2007 to 2015.The results show that the appearance of a legal text pushes the establishment of the committee but has no significant effect on the company's performance. This can be explained by the strong voluntary adoption of the audit committee following the publication of the Viénot Reports (Saada, 1998).

Factors associated with enactment of ordinance for prevention of exposure to second-hand smoke: reviews of policy documents and interviews to stakeholders

Factors associated with enactment of ordinance for prevention of exposure to second-hand smoke: reviews of policy documents and interviews to stakeholders

지방자치단체 빛공해 방지 조례의 현황 및 분석

This study is intending to look into the status of the hitherto established local governments light pollution control ordinance, and to use the ordinance status as basic data of ordinance enactment related to light pollution in time of its establishment and revision in accordance with regional characteristics of each local government for the time to come. This study conducted this research in a total of 3-phase research methods. 1) This study inquired into the direction of the research plan through the theoretical consideration and analysis of the preceding researches after setting up research objectives according to research background and purpose. 2) Targeting 11 local governments which are enforcing the hitherto established ordinance, this study surveyed the status of the light pollution control ordinance. 3) This study carried out the contents analysis of the ordinance in the method of doing a comparative analysis of each provision of the ordinance according to local governments. It’s hoped that on the basis of this research, local governments across the nation, which have not yet established the same ordinance, could minimize the damage to natural eco-system due to artificial lighting by promoting the urgent ordinance establishment suited for each region, and create human-oriented light environment by modifying various disorderly lighting environment.

Research concerning the significance and state of affairs of ordinances in regional transportation

Of late, the handling demanded of public groups relating to regional transportation has changed and diversified, and it is against this backdrop that local authorities are increasingly tending to enact ordinances in relation to regional transportation in order to implement their regional policies. This paper first touches on the background to enactment of ordinances relating to regional transportation and their relationship to law, categorizes transportation-related ordinances enacted around Japan, and sets forth their characteristics. Then, by examining the state of ordinance implementation in Kanazawa City, which has systematically enacted pioneering ordinances in all categories, it reveals the significance of, and issues with, ordinances in regional transportation.近年、地域交通にかかわり公共団体に求められる対応は、変化し、多様化してきている。こうしたなか、地方自治体において、地域独自の政策を実現するために、地域交通に関して条例を制定する動きが活発化してきている。そこで本稿では、まず、地域交通にかかわる条例（交通関連条例）の制定背景について法律との関係を踏まえた上で、全国の市・特別区で制定されている交通関連条例を収集してその目的と規定内容によって類型化し、その特徴を整理している。そして、各類型における先駆的な条例を体系的に制定している地方自治体（石川県金沢市）を事例として、その運用実態を検討することで、地域交通における条例の意義と課題を明らかにしている。

Analysis of Status on Multicultural Family Support Ordinance Enactment of Primary Local Governments and its Contents: Focusing on Cities․Counties in Gyeonggi-do

Analysis of Status on Multicultural Family Support Ordinance Enactment of Primary Local Governments and its Contents: Focusing on Cities․Counties in Gyeonggi-do