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Legal Challenges for Metaverse Metaverse面临的法律挑战
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.83
N. Kim
{"title":"Legal Challenges for Metaverse","authors":"N. Kim","doi":"10.46751/nplak.2023.19.2.83","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.83","url":null,"abstract":"ICT convergence technology related to the Fourth Industrial Revolution and the social disaster of coronavirus are accelerating the metaverse society in the intelligent information society. Metaverse is also actively used in the field of public administration services, including the game and education industry. Since economic transactions and administrative services are actually carried out in the metaverse, the virtual world space of the metaverse is emerging as a legal challenge to how real world laws should be applied in the metaverse. The issue of taxation on acts or income in the virtual space of the metaverse and taxation when taxpayers use it as a tax haven are also emerging. In addition, XR is an invasive data collection and monitoring by facial recognition technology by VR headsets and AR glasses combined with other wearables, making privacy and privacy issues a legal challenge. In addition, the transition to an immersive virtual world using virtual reality headsets can be used for excessive advertising by collecting detailed information such as users' facial expressions, voices and accents, and vital signs than companies can collect through existing screens. In addition, if the Metaverse Act is enacted, whether the metaverse industry will be uniformly self-regulated or regulated self-regulation, the metaverse will be classified as 'illegal profit and harmful contents/services', 'freedom of expression, freedom of press and publication, freedom of business' (freedom of advertising), content/service related to privacy protection', and 'legal but harmful content/service', and it is a question of whether to regulate authoritatively, regulated self-regulation, or self-regulation according to the principle of proportionality. Therefore, in this paper, after examining the concept and characteristics of the metaverse and the current state of metaverse utilization in the public domain, the legal status of avatars in the metaverse, cybersecurity reinforcement issues in the metaverse, regulation of excessive advertising, and metaverse Review the legal tasks related to self-regulation issues and tax imposition issues that were regulated at the time of enactment of the law, and suggest tasks for improvement.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131099949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Establishment of modern constitutionalism and Characteristics of Contemporary Social State Constitution 现代宪政的确立与当代社会国家宪法的特征
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.31
G. Gim
{"title":"Establishment of modern constitutionalism and Characteristics of Contemporary Social State Constitution","authors":"G. Gim","doi":"10.46751/nplak.2023.19.2.31","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.31","url":null,"abstract":"Where to find the origin of constitution called Contemporary Social State Constitution today, its origin is the constitutionalism. When looking back the history of mankind, the modern constitutionalism has still the significant meaning in Contemporary Social State Constitution on which its development is based today in that the freedom and the rights of people started to be guaranteed as the modern constitutionalism was established in the era when monarch used to exercise tyrannical sovereignty for a long time. Today, the constitution holding the status of highest law in the country regulates to restrict the arbitrary exercise of sovereignty through separation of power as a mechanism for guaranteeing the rights of the people and realizing them, and it still has the regulatory meaning in these days in that the starting point is the modern constituionalism constitution. Because the country in which the basic rights are guaranteed by constitution is often called the constitutional state, the constitutionalism and the constitutional state are inseparable. Modern constitutionalism presupposes modernity in terms of time, but it did not end in modern times, and its normative contents are still alive in today's Contemporary Social State Constitution. This study reviews the establishment of modern constitutionalism constitution from this view, and also examines how the normative contents are transformed and applied in Today’s Contemporary Social State Constitution. The results to compare Contemporary Social State Constitution with constitutionalism show, first, change from a night view state to a social state, second, substantialization of National Sovereignty, third, strengthening social rights guaranteeing from guaranteeing freedom, fourth, transition from formal rule of law to practical rule of law, fifth, securing the highest norm of the constitution through the constitution trial system. In comparison with modern constitutionalism, the normative contents of modern constitutionalism still have the effective meaning in Contemporary Social State Constitution, but it is shown as a characteristic of the Contemporary Social State Constitution. Like this, because the normative contents of constitutionalism still function as a key content in Contemporary Social State Constitution as well, it is said that the comparison of modern constitutionalism and Contemporary Social State Constitution is significant.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126293007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Issues of Legislation Related to Agricultural and Industrial Complexes 农业和工业综合体相关立法的法律问题
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.175
Sungkyu Cho
{"title":"Legal Issues of Legislation Related to Agricultural and Industrial Complexes","authors":"Sungkyu Cho","doi":"10.46751/nplak.2023.19.2.175","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.175","url":null,"abstract":"The agricultural and industrial complex was introduced in 1983 with the aim of laying the industrial foundation for rural areas to solve problems such as population decline and job shortages in rural areas, which have been caused by the harmful effects of large-scale economic growth strategies. Agricultural and industrial complexes are a type of industrial complexes under the current legal system and are basically regulated by 「Industrial Sites And Development Act」 and 「Industrial Cluster Development And Factory Establishment Act」, but they are highly related to other laws such as 「Agricultural And Fishing Villages Improvement Act」 in that they are designated in rural areas. Because of this, unlike other industrial complexes, the authority system for the development and management of agricultural complexes is redundant and inefficient, as a result of such unsystematicity, integrated and systematic regulations on agricultural and industrial complexes are not implemented, resulting in the neglect of agricultural and industrial complexes outside the law. This situation also brings problems in relation to the form of regulations, and most of the specific regulations on the development and management of agricultural and industrial complexes are regulated not by laws, by the Unified Guidelines, which is an administrative rule jointly enacted by a number of ministries. However, in that many of the rules on agricultural and industrial complexes as industrial complexes are related to the rights and obligations of tenant companies and local governments, the rules of agricultural and industrial complexes under administrative rules are problematic in the principle of the rule of law. On the other hand, the legal system related to agricultural and industrial complexes is also not systematic because they are classified as a type of industrial complexes, but unlike conventional industrial complexes for national industrial development, they are also combined with the legal values of balanced national development or local autonomy. Therefore, the legal values and directions of balanced national development and local autonomy must be considered in the legislation of agricultural and industrial complexes, and this normative request is linked to the need to separate the legal system for agricultural and industrial complexes from those for ordinary industrial complexes. In order to improve these legal systems and legal forms, it is necessary to differentiate agricultural and industrial complexes from general industrial complexes to accept modern changes in the paradigm of realizing the legal value of balanced national development in addition to industrial functions. In such legislation, first of all, the legal value and direction of agricultural and industrial complexes should be clearly presented, as well as the significance of local autonomy laws of agricultural and industrial complexes. In addition, it is necessary to establish a management organization that can s","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127277727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Challenges of China's Disaster Management Legislation 中国灾害管理立法面临的挑战
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.285
H. Oh, Chan-Ho Shin
{"title":"Challenges of China's Disaster Management Legislation","authors":"H. Oh, Chan-Ho Shin","doi":"10.46751/nplak.2023.19.2.285","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.285","url":null,"abstract":"This study tried to examine the disaster management failures that appeared in the process of the lockdown of China's large cities, Wuhan and Shanghai due to COVID-19, based on China's disaster management law, Emergency Response Act. COVID-19 is a respiratory infectious disease that directly threatens the lives of all mankind, and is acting as a major obstacle to the development of the global society through exchanges and cooperation that have been carried out since the beginning of time. The largest global recession since World War II, disrupting production and supply chains, restricting movement for exchange and cooperation, and resulting in shrinking consumption and employment shrinkage in closely intertwined political and economic problems. brought Humanity has reached the era of the 4th industrial revolution based on science and technology, and in the global pandemic of COVID-19, it has proven that no country can be free from it. Paradoxically, if a new respiratory epidemic like COVID-19 emerges again, it paradoxically disproves that individuals or countries cannot survive alone. Since the early 2000s, China has also experienced an increasing frequency of epidemic disasters that spread across China in an instant, and in the future, there will be another unknown and huge epidemic. It was a lesson learned at the cost of enormous human and material damage that China's initial response to COVID-19 was the most reliable means of response. After the lockdown in Wuhan on January 23, 2020 and Shanghai on March 28, 2022, a pandemic continued, and mutations continued after the lockdown was lifted on June 1, The reality is that sporadic infections continue and have not been declared an endemic. The initial failure to respond to public health incidents is a sudden event, and it can be said that it is a task of the Emergency Response Act, a legal system that manages not only COVID-19 but also new respiratory infectious diseases in the future. China's public health and medical system played an important role in the process of coping with COVID-19, but it also exposed its shortcomings. This paper tried to suggest an improvement plan by deriving the problems that appeared according to the stages of COVID-19 management for disaster management stipulated in the Emergency Response Act, China's basic disaster law.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130721190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Study on the Energy Legislation for the Establishment of Energy Security 构建能源安全体系的能源立法研究
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.1
K. Kwon
{"title":"A Study on the Energy Legislation for the Establishment of Energy Security","authors":"K. Kwon","doi":"10.46751/nplak.2023.19.2.1","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.1","url":null,"abstract":"Due to Russia's invasion of Ukraine, the global economy is experiencing inflation that has not been experienced since the 1970s. Prior to the Russo-Russian War, Europe imported coal, oil, and natural gas from Russia, including about 30% of oil, 43% of natural gas, and 54% of coal. Since the Kyoto Protocol and the Copenhagen Agreement, the EU has focused on realizing “carbon neutrality” to cope with climate change as the main direction of energy policy. Germany has implemented a coal policy in the power generation sector by 2030 to realize nuclear power plants by shutting down all existing nuclear facilities by 2022 and reducing contaminated fossil fuels, and increased the proportion of natural gas with less carbon dioxide than other fossil fuels. Meanwhile, the electricity production rate through renewable energy sources has been increased to about 40%. Until the Russia-Ukraine crisis, Europe, including Germany, implemented these energy policies, but did not recognize relying on Russian energy as a major risk to Europe's energy security. However, in the wake of the Russo-Russian War, the direction of energy policy that has been pursued is rapidly changing, along with raising fundamental and serious questions about the direction of energy policy in Europe. Next, we will look at what “energy security” should not be overlooked in energy legislation, and the recent changes in Europe's energy policy direction based on energy security, and then look at the direction our energy legislation should take from the perspective of energy security. In order to ensure energy supply stability, it is necessary to have a balanced energy mix, secure various suppliers, and utilize stockpiles well. In addition, since it is difficult to recognize the importance of energy supply stability during peacetime, it is important to establish a management system for supply stability and prevent risks. Therefore, in this paper, we tried to think about how our energy legislation should be improved to ensure energy security. First, it is necessary to give the status of the basic law to the Energy Act, which defines the concept of “energy security,” and to regulate energy security in a balanced manner. Currently, the Framework Act on Carbon Neutrality has the status of a basic law among energy-related laws, because it regulates only sustainability and stability among the concepts of “energy security” and does not regulate energy supply stability at all. Second, it is necessary to establish the relationship between the 「Special Act on National Resources Security」 and the 「Energy Act」. It is necessary to establish a relationship because the functions and roles of the Resource Security Committee of the Ministry of Trade, Industry and Energy and the Energy Committee of the Ministry of Trade, and Energy stipulated in Article 6 of the Special Act on National Resource Security. It may also be possible to consider the direction of integrating roles by establishing a (tentative) Resource a","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129829236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Study on the amnesty system in the United States 美国特赦制度研究
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.51
K. Oh
{"title":"A Study on the amnesty system in the United States","authors":"K. Oh","doi":"10.46751/nplak.2023.19.2.51","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.51","url":null,"abstract":"In case of a special pardon which successive Presidents in the Republic of Korea have acted, they have been insisting ‘the national harmony’ or ‘to revive of the economy’ ‘as an their moral duty. But They are being criticized that it is politically abused and misused. It has socially been a pending issue as well. It is the reason that a constitutional device or a legal basis is weak to restrict or restrain the authority against a president’s legal pardon. The pardon power is a deep rooted institution in American history, and clemency grants were a regular characteristic of the U.S. criminal justice system by the first half of the 20th century. The United States having more than two million people in jail has no peer in the world in the number of inmates. And most of the states spend a colossal amount of dollars each year to keep their corrections systems. In short, national resources are misspent to support prisoners serving long sentences. Recently, a lot of reformation plans have been proposed to reduce the number of prisoners, including reform of system of punishment, efforts of the prevention of crime emphasis upon correction or resocialization of offenders. Especially, the robust clemency system of state level is one of the reform measures to decrease the number of inmates. On the contrary, it is our practice to grant a pardon selectively to the heads of conglomerates who committed the wrong under the cloak of pro-business policies or the people close to the president. That is why Korea should limit the prerequisites of the pardon power by law. In conclusion, it is faced to clean distrust which comes from the excercise of the pardon and to improve a system to meet the original pardon system which the sprit of the Constitution pursuits. As a substitute, the regulations of specific procedures on the pardon must be improved for solving this task.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125008593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Review of Issues on Codifying the General Principles of Administrative Law by the GENERAL ACT ON PUBLIC ADMINISTRATION 试论《公共行政总法》对行政法一般原则的法典化问题
National Public Law Review Pub Date : 2023-05-31 DOI: 10.46751/nplak.2023.19.2.207
YounJoon Joung
{"title":"Review of Issues on Codifying the General Principles of Administrative Law by the GENERAL ACT ON PUBLIC ADMINISTRATION","authors":"YounJoon Joung","doi":"10.46751/nplak.2023.19.2.207","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.2.207","url":null,"abstract":"Before the enactment of the GENERAL ACT ON PUBLIC ADMINISTRATION, administrative law had a circular system. The general principles as an unwritten source of administrative law have played a wide role as a central source of law in that system. The general principles have recently been codified with the GENERAL ACT ON PUBLIC ADMINISTRATION enacted. There were already some examples that the general principles as an unwritten source of administrative law were codified. However, the meaning of this codification is different from the past in that the general principles of administrative law, which were a large part of the existing administrative law, have been changed into a written source of law by the GENERAL ACT ON PUBLIC ADMINISTRATION which takes the form of general law. In this regard, it is necessary to examine the significance of codifying the general principles of administrative law by enacting the GENERAL ACT ON PUBLIC ADMINISTRATION. This study investigates the significance from various aspects. First, it analyzes the significance of codifying an unwritten source of administrative law by the GENERAL ACT ON PUBLIC ADMINISTRATION. Subsequently, the significance of codifying the general principles of administrative law is analyzed. The significance derived from this study could contribute to the complementary operation of the general principles as an unwritten source of administrative law and the general principles under the GENERAL ACT ON PUBLIC ADMINISTRATION. In addition, despite the fact that some general principles of the administrative law have been codified by the GENERAL ACT ON PUBLIC ADMINISTRATION, the general principles as an unwritten source of the administrative law are still expected to be actively operated as laws.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129745048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Tasks of local autonomy legislation in preparation for unified Korea: Focusing on Reorganization and Integration of Local Administrative Systems 为统一韩国做准备的地方自治立法任务:以地方行政体制的重组和整合为中心
National Public Law Review Pub Date : 2023-02-28 DOI: 10.46751/nplak.2023.19.1.103
Heejin Kim
{"title":"Tasks of local autonomy legislation in preparation for unified Korea: Focusing on Reorganization and Integration of Local Administrative Systems","authors":"Heejin Kim","doi":"10.46751/nplak.2023.19.1.103","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.103","url":null,"abstract":"Unification is a future that will surely come someday. In a situation where no one knows what the subject and form of unification will be, discussions on the state form, government organization, and administrative system will proceed first. Therefore, it is essential to study in advance how to set up the state form, government organization, and administrative system in preparation for a unified Korea. The state form, government organization and administrative system cannot be reformed while ignoring the balanced national development and local autonomy system. After unification, young North Koreans will also try to move to Seoul and other places to find jobs, just as we currently move to Seoul and other metropolitan areas in search of jobs. Therefore, it is necessary to consider in detail how to reorganize the state form and administrative system after unification from the perspective of balanced national development and local autonomy. After reunification, the administrative systems of the two Koreas must be reorganized to achieve balanced regional development and local autonomy. In other words, it should be reformed into a system that can reduce the development gap between the two Koreas and increase the balanced development of each region and local autonomy. The answer is the form of a federal state to make each region a well-off country by distributing authority evenly to each region. In the federal state of Korea, the administrative system should be reorganized into a federal-province-regional office-local government. It will be important to ensure that their authorities and responsibilities are aligned through a clear distribution of powers between the federal government, provinces, regional offices, and local governments, and that the administration can be operated organically between each level and at each location.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121959359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Proportionality Principle as a Reviewing Standard of Constitutionality 比例原则作为合宪性的审查标准
National Public Law Review Pub Date : 2023-02-28 DOI: 10.46751/nplak.2023.19.1.125
Hyun Chul Kim
{"title":"The Proportionality Principle as a Reviewing Standard of Constitutionality","authors":"Hyun Chul Kim","doi":"10.46751/nplak.2023.19.1.125","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.125","url":null,"abstract":"The Prohibition of Excessive Restriction or the Proportionality Principle (hereafter as “the Proportionality”) in a broad sense refers to the basic principle or the limitation of legislative activities that the state should abide by in carrying out when it makes laws that restrict the citizens’ basic rights. In other words, laws that restrict the citizens’ basic rights must meet the qualifications of the Legitimate Law Object, the Adequate Mean, the Minimal Impairment, and the Balancing between personal interest and public interest (hereafter as “the Balancing”). The Korean Constitutional Court (hereafter as “the Court”) has so far tended to focus its arguments on the Minimal Impairment in applying the four sub-principles of the Proportionality: the Legitimate Law Object, the Adequate Mean, the Minimal Impairment, and the Balancing. However, the Proportionality is a sequential and step-by-step review structure, and ‘step-by-step review’ presupposes that each sub-principle has its own meaning. If so, the Court’s Balancing review that has been criticized as “an overdose of the Proportionality”, should now be changed. That is, the Minimal Impairment should be limited to the evaluation of “legislative alternatives”, and the degree of restriction on basic rights or the judgment of Endurance Possibility should be moved to the Balancing to make use of the merits of the step-by-step review. These changes also bring the Court on par with the trends of advanced foreign constitutional courts such as Germany (The German Constitutional Court) and Canda (the Canadian Federal Supreme Court). Moreover, by doing so, the Court can correctly establish the criteria of the Proportionality as a reviewing standard of constitutionality.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122268299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Study on Energy Development and Policies in Jeollanam-do 全罗南道能源开发与政策研究
National Public Law Review Pub Date : 2023-02-28 DOI: 10.46751/nplak.2023.19.1.37
Soon-Kyu Lee
{"title":"A Study on Energy Development and Policies in Jeollanam-do","authors":"Soon-Kyu Lee","doi":"10.46751/nplak.2023.19.1.37","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.37","url":null,"abstract":"The world adopted the Paris Agreement, in which all countries agreed to share the responsibility for responding to and adapting to climate change. However, according to the Paris Agreement, the responsibility is differentially burdened by each country in consideration of its capabilities. In this regard, Korea should also share appropriate responsibilities. Therefore, I reviewed the energy-related plans and policies of the previous and current governments in Korea. Then, it was examined whether Jeollanam-do, which has sufficient conditions for renewable energy production, systematically responded to the climate crisis, while revising laws and regulations that matched regional characteristics. Jeollanam-do is the best place for the renewable energy industry because it has superior renewable energy resources compared to other local governments, such as solar power generation with abundant sunshine, offshore wind power generation with excellent wind resources off the coast of Shinan, and tidal power generation due to strong currents in Jindo. However, due to the acceptability of local residents, renewable energy generation projects are not being carried out smoothly. Therefore, by reviewing renewable energy-related ordinances in other regions, various directions for improving renewable energy-related ordinances in Jeollanam-do were presented. In particular, in relation to the direction of amendment of the ordinance, emphasis was placed on profit sharing and ensuring procedural participation of local residents to increase the acceptance of local residents. In addition, a revision of the law was proposed to guarantee the right to participate in the actual procedural process.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130445909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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