National Public Law Review最新文献

{"title":"Legal Issues to Establish Energy Security in an Era of Energy Crisis","authors":"K. Park","doi":"10.46751/nplak.2023.19.1.1","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.1","url":null,"abstract":"Although energy security is a crucial issue for realizing national security, whenever an energy supply & demand crisis occurs, discussions on overcoming the crisis have been fragmentary. This is not irrelevant to the understanding and approach of energy security from a traditional viewpoint as saving energy sources. The energy crisis can come again anytime due to various factors, such as the climate crisis and changes in external situations. At this point, when uncertainties surrounding energy supply & demand are increasing, energy security can no longer be established with the same approach. Therefore, an in-depth discussion is needed on the change of approach to the concept of energy security and the arrangement of the legal basis to establish energy security through this change. In general, energy security is “guaranteeing sufficient energy supply at an appropriate price,” so, availability and affordability of the energy are critical. However, since energy security is also part of the national energy policy, it should not be understood differently in its direction. Given that Korea and the rest of the world have set common policy goals in the energy sector to respond to the climate crisis and achieve carbon neutrality, it is necessary to consider 'Environmental Sustainability' in establishing energy security. Countries that are not rich in energy resources, such as Germany and Japan, are already seeking measures to establish energy security, such as stockpiling fossil fuels, diversification of supply chains, and expansion of renewable energy. In this process, it is worth noting that the relevant countries are systematically approaching the short-term and mid- to long-term perspectives in connection with their energy policies and are arranging applicable laws and regulations necessary to establish energy security. Korea's energy security- related legislation, centered on individual laws, makes it difficult to respond effectively to the uncertain energy resource market due to its disconnected approach, such that it has fundamental limitations not being able to view the overall supplementation among energy sources. In addition, the current energy security legislation is focused on the means of post-counteraction rather than prevention of energy crises. In order to solve these problems, in addition to the arrangement of individual laws, a system for overall energy-related laws and integrated legislation to establish energy resource security, and distributed energy activation legislation should be enacted simultaneously considering the expansion of renewable energy.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"348 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":"125626330","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}

{"title":"Review on Legal Mechanism to Solve Environmental Problems Arising from Landfills in India: Focusing on the Application of Statutory Nuisance","authors":"Yonghwan Choung, Siddharth Shukla","doi":"10.46751/nplak.2023.19.1.75","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.75","url":null,"abstract":"This paper considers the environmental disputes caused by the landfills located in Delhi, India and reviews the Indian Waste-to-Energy policy to resolve the environmental conflicts. India has sound waste management rules and regulations but they are not implemented effectively. Even though the Indian government has applied current Indian environmental policies, such as municipal solid waste rule, it could not properly resolve these disputes based on a lack of administrative will-power. India being the world’s second most populous country generates an enormous amount of garbage. While the waste generated is not managed effectively, it might lead to deterioration of human health and the environment. The waste is usually dumped in Landfills. However, these landfills are poorly managed, and the waste keeps overflowing. Numerous Landfills have led to fire around the locality, and they are a source of nuisance to the neighbourhood. One of the possible solutions could be using waste to energy plants. Waste-to-energy plants use state of the art technology to incinerate the garbage to produce energy. Waste could be used to produce clean energy and could curb pollution. However, the application of thermal technology for waste-to-energy in India is not well controlled because the cost of using crude oil is much cheaper than the expense of applying waste-to-energy technology in India. One of the possible remedies could be under statutory nuisance which would compel the regulatory authorities to protect the human health and the environment.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"2014 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":"127439835","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}

{"title":"Public law review on resident participation under the 2021 revised “Local Autonomy Act”","authors":"J. Kang","doi":"10.46751/nplak.2023.19.1.235","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.235","url":null,"abstract":"The 2021 Local Autonomy Act has been revised and implemented by strengthening decentralized factors such as diversity in institutional composition. In addition, the key elements and concepts of local autonomy, the elements of resident autonomy, were also systematically strengthened. Of course, it is regrettable that the “Residents' Self-Governing Council”, which was expected to be regulated by the final amendment, was not reflected in legislation, but it is recognized that the elements of decentralization and resident autonomy have been strengthened overall compared to the old law. Specifically, matters related to residents' participation in autonomous administration were included in the purpose regulations (Article 1), residents' participation in the policy-making and execution process was stipulated as rights (17)), residents' right to enact, revise, and abolish municipal ordinances (Article 19), and residents' rulemaking (Article 20). However, since the expression of strengthening resident sovereignty has recently emerged in discussions on strengthening resident autonomy, it is questionable whether it is appropriate to uncritically accept it in legal and institutional discourse. There is no need to refute the degree to which it is used as an emphasized expression of resident autonomy at the slogan level, but the strengthening of resident sovereignty elements in legal and institutional discussions is considered a different level, so separate discussions are needed in the future. In addition, the participation of residents is considered necessary, and this is understood as a factor that strengthens democratic legitimacy in autonomous administration. However, whether the participation of residents only needs to be secured quantitatively and mechanically is understood as a separate issue.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"22 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":"124658333","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}

{"title":"Administrative Legal Consideration on Legal Risks and Responsibilities of Self-Driving Vehicles: Focusing on Public Law Review of German Guidelines and Recently Amended Enforcement Decree of the Road Traffic Act and Comparison and Derivation of Implications of Korea’s Road Traffic Legislation","authors":"K. Lee","doi":"10.46751/nplak.2023.19.1.149","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.149","url":null,"abstract":"The level of self-driving cars in Korea has reached the third stage of conditional automation. As for self-driving cars, the government promises deregulation in consideration of their public benefits, and the law is also a subject of great interest. At the same time, however, the responsibility of the state, manufacturers, and car owners for the risk of accidents and the risk of infringement of fundamental rights of autonomous vehicles is becoming clearer. However, in this situation, the Korean government has designated a pilot operation zone for self-driving cars, and the pilot operation is scheduled to take place. Accordingly, in the meantime, amendments such as the ｢Automobile Management Act｣, ｢Road Traffic Act｣, and ｢Autonomous Vehicle Act｣ were made, and became the laws for the regulation of the 3rd level autonomous vehicles. In particular, the ｢Autonomous Vehicle Act｣ has the characteristics of a regulation special case law. And recently, Germany announced ethical rules on autonomous vehicles, and revised the Road Traffic Act and its Enforcement Decree in consideration of the 4th and 5th stages of commercialization of autonomous vehicles. The Ethics Committee of the German Federal Ministry of Transport and Digital has developed 20 ethical rules for autonomous vehicles. The core content of the rule is 1) the principle of private autonomy, 2) protection of human beings, 3) authorization and control by administrative agencies, 4) individual right to self-determination, 5) accident prevention and resolution of dilemmas, 6) human network subjectivity, 7) Human priority in profit balancing and programming, 8) Life-to-life choice and dilemma, 9) Disregarding personal characteristics, 10) Responsibilities of system manufacturers or owners, 11) Product liability, 12) Right to information access, 13 ) Complete networking and possibility of central control, 14) Reliability from attacks such as hacking, 15) Right to self-determination of personal information, 16) Distribution of responsibilities according to control, 17) Human safety in case of emergency, 18) Self-determination Dangers of the learning system, 19) self-management of self-driving cars in emergency situations, 20) digital education are presented. This ethical code is a guideline and is not legally binding. However, it serves as a guideline for the development of public laws related to self-driving cars. In addition, the German Road Traffic Act (StVG) for self-driving cars in 2021 became a law accommodating level 4 and 5 self-driving cars with the 「Vienna Convention on Road Traffic」. And there was a revision of the Enforcement Decree in 2022 to materialize this. This revised statute introduced regulations on 1) permission to operate autonomous vehicles and its procedures, 2) technical requirements, 3) duties and responsibilities of manufacturers, owners, and technical supervisors, and 4) information processing. These German ethical rules and laws are thought to provide great benefits to Ko","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"48 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":"128714900","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}

{"title":"Review of the Disaster Management Laws after 「the Itaewon Disaster」","authors":"Jung-Hoon Kim","doi":"10.46751/nplak.2023.19.1.193","DOIUrl":"https://doi.org/10.46751/nplak.2023.19.1.193","url":null,"abstract":"Since the Itaewon disaster on October 29, 2022, Korea unfortunately has been an opportunity to look back on disaster management. Due to its nature, the Disaster Management Laws always provide a big issue from unexpected accidents. The current constitution is stipulated “The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.” in Article 34(6). This means that the state has the obligation to protect people from life-threatening hazards in natural disasters and industrial societies and there are various individual actual laws, including 「Framework Act on the Management of Disaster and Safety」. Disasters are stipulated in various areas of the legal system as they have the properties of occurring in various forms and times in various places. Therefore, Korea's disaster-related laws lack connection with each other, and there are various ministry-specific management organizations, so they do not have a unified systematic and unified organization to respond to disasters. There is criticism that the Framework Act on Disaster and Safety Management does not sufficiently perform its status and role as a basic law on disaster preparation. There is a need for the legislation on disaster management to clarify the concepts and contents related to disaster and safety, and to systematically organize safety-related legislation. As a way to improve the legislation on disaster management, the concept of legal terms that can overcome the abstraction of safety-related concepts should be unified and clear among disaster-related legislation. From this, systematization between laws and regulations should be achieved to eliminate confusion in the application of the law. Organizational law requires the establishment of a safety system and the completion of a legal system through cooperation between the central and local governments to respond to disasters for the safety of the people, and it is also important to establish a private cooperation system in responding to disasters. In practice, basic rules such as disaster response behavior rules of structural Organizations with efficiency and speed should be prepared in detail.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"55 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":"129446936","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}

{"title":"The Public Law Considerations on Freedom of Resident: Trends and Prospects of Judicial precedents","authors":"Byeong-rok Kim","doi":"10.46751/nplak.2022.18.4.117","DOIUrl":"https://doi.org/10.46751/nplak.2022.18.4.117","url":null,"abstract":"Intrusion upon Habitation sets a household’s de facto tranquility as the benefit and protection of the law. Intrusion in terms of home invasion is defined in multiple aspects as an act of entering into a residence while disturbing the occupant’s entitled peace, and whether or not the act qualifies as trespassing is based principally on the external or objective act at the moment of entrance. Entering a residence with an act of disturbing the de facto tranquility violates the occupant’s intentions excluding particular circumstances; however, the simple of act of entering a residence cannot be immediately accused as an intrusion based on the occupant’s subjective statement that the act of entering itself goes against the intentions of the occupant. This signifies that within the definition of intrusion, Theory of Intention Intrusion (hitherto the act of breaking and entering against the intentions of the occupant) has been modified to curtail the range of the meaning of intrusion to Theory of Tranquility Intrusion(the act of breaking and entering while disturbing de facto tranquility) and this is a crucial turning point. Theory of Intention Intrusion Act that mainly focuses on the intentions of the occupant violates the void for vagueness in that crime establishment is influenced by intentions which leads to an excessive range of punishment and therefore, the paradigm shift is fundamentally justifiable. However, it is difficult to conclude on how to shape cases in which invasion was legally defined and acknowledged under past Theory of Intention Intrusion, and what subsequent verdicts lay ahead will become much center of attention. For example, consent under fraud, criminal and illegal intent entrée, public access are some of the relevant cases. This paper starts with a premise argument(II) on Freedom of Residence and expands to the Benefit and Protection of the Law of Home Invasion and ‘Intrusion’(III), Excuse and the Meaning of Consent of Victim(IV), Trends and Shifts in Recent Main Legal Precedents(V), and lastly Prospects and Assignments(VI) to conclude an argument.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121794097","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}

{"title":"Law on “International Development Cooperation with North Korea” from the perspective of UN Sustainable Development Goals (SDGs)","authors":"Dae-in Kim","doi":"10.46751/nplak.2022.18.4.59","DOIUrl":"https://doi.org/10.46751/nplak.2022.18.4.59","url":null,"abstract":"This paper analyzes the legal tasks to facilitate development cooperation in North Korea through UN ‘Sustainable Development Goals’ (SDGs). UN SDGs, established in 2015, is composed of 17 Goals and 169 Targets, and it includes comprehensive agenda such as economy, social, and environment. North Korea government, with the cooperation with UN branch of North Korea, established ‘UN Strategic Plan (2016-2021)’ in 2016, and furthermore published the ‘Voluntary National Review (VNR)’ in 2021. In particular, it is noticeable that ‘UN Strategic Plan (2016-2021)’ adopted the ‘human rights-oriented approach’ to which North Korea was negative in the past. This paper deals with North Korean Law in relation to “health and wellbeing (SDG3)” and “partnership for SDGs (SDG17)”, which is prioritized by North Korea Government in ‘UN Strategic Plan (2016-2021).’ In relation to “health and wellbeing (SDG3)”, ｢Act on People’s Health｣ & ｢Emergency Quarantine Act｣ in North Korea is analyzed. In relation to “partnership for SDGs (SDG17)”, ｢Foreign Investment Act｣ & ｢Statistics Act｣ is dealt with. When we review the above SDGs related Acts in North Korea, we can find lack of legal ground which can facilitate non-economic international development cooperation in North Korea. To address this issue, it is necessary for North Korea to adopt law which covers the international development cooperation comprehensively. North Korean ｢Statistics Act｣ stipulates that confidentiality in statistics is the norm, hence this Act hampers the use of statistics which is indispensable in monitoring SDGs implementation. To facilitate SDGs, it is necessary to introduce legal ground for opening the SDGs’ related statistics. UN SDGs is a international norm which applies both developing & developed countries. Therefore, UN SDGs implementation is a task not only to North but also to South Korea. Therefore, it is necessary to strengthen the relationship between ｢Framework Act on Sustainable Development Act｣ & ｢Framework Act on International Development Cooperation｣, and ｢Framework Act on International Development Cooperation｣ & ｢Inter-Korean Exchange & Cooperation Act｣. In SDGs’ implementation, South & North Korea should make effort to improve each law and strengthen the cooperation in relation to this law. It will be meaningful to lay the foundation for peaceful unification of South & North Korea. In this process, we should see 1) South-North Korea cooperation law and 2) international development cooperation law comprehensively.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130038712","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}

{"title":"A legal and institutional review on the Jeju-type dualistic municipal Police System","authors":"Heon-Hwan ko","doi":"10.46751/nplak.2022.18.4.149","DOIUrl":"https://doi.org/10.46751/nplak.2022.18.4.149","url":null,"abstract":"Jeju Special Self-Governing Province’s self-governing police system was launched on July 1, 2006, and was operated on a trial basis for about 15 years. On July 1, 2021, the self-governing police system was implemented under the Jeju Special. As the self-governing police, which had been performing self-governing police affairs, performed self-governing police affairs in accordance with the provisions of the Jeju Special Act, and the national police performed self-governing police affairs in accordance with the police law, Jeju Special Self-Governing Province was the only dual structure. These changes in the Jeju Special Self-Governing Province autonomous police system are causing confusion in the operation of the autonomous police system, and various problems have been raised. In addition, it can be seen that the dualized autonomous police system, which is scheduled to be fully implemented nationwide in the future, is being operated on a trial basis, so various improvement measures are required. In this context, in order to establish the Jeju-type dual autonomous police system and to play a role as a model for the introduction of the nationwide dual autonomous police system, this article aims to derive problems and suggest ways to improve the legal system.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121364745","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}

{"title":"The Government’s Role in the COVID-19 Public Health Crisis","authors":"B. Moon","doi":"10.46751/nplak.2022.18.4.89","DOIUrl":"https://doi.org/10.46751/nplak.2022.18.4.89","url":null,"abstract":"The spread of infectious diseases may have several factors, but human endless greed combined with an uncontrolled capitalist production and distribution system aimed at maximizing profits of companies, exploitation of the natural environment and resources, environmental pollution caused by factory farming, It is closely related to the ecological crisis. Unless we control the current system, it is difficult to stop the train headed for catastrophe. In modern states, the state gains legitimacy in that it embodies the universal interests of the people. The attitude and role that the government should take in the public health crisis of the COVID-19 pandemic can be sufficiently derived not only from the justification of pursuing the universal interest of the people’s life and safety and from the legitimacy of the state, but also from constitutional and legal grounds. The government should not only make structural and systematic efforts to prevent disaster situations in advance, but also respond to disaster situations that have already occurred so that damage to the lives and bodies of citizens is minimized. In an emergency, various manuals and crisis response scenarios must be prepared and actively dealt with. However, as we can see from the various attitudes taken by governments in the face of the COVID-19 pandemic, we cannot rely solely on the role of the government. The role of individual people and civil society is very important. Citizens themselves must awaken to the subjectivity of human beings. Human beings, who live as slaves to structures for various reasons, must realize their own identity, solidarity, and enhance humanity to innovate structures and make ceaseless efforts to deepen democracy.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125701544","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}

{"title":"Three Public Law Issues for the Development of Inter-Korean Relations","authors":"Byung-hwa Kim","doi":"10.46751/nplak.2022.18.4.1","DOIUrl":"https://doi.org/10.46751/nplak.2022.18.4.1","url":null,"abstract":"Whether or not inter-Korean agreement= relations, which has been deepened by the blockade of North Korea’s external contacts due to COVID-19, and alleviating tensions caused by North Korea’s missile provocations and nuclear test attempts, an explicit basis is needed to promote continuous health and medical cooperation that is not shaken by political conditions as much as possible. The inter-Korean health and medical agreement includes the establishment of a cooperative system such as information exchange for joint response to infectious diseases, the establishment of a medical safety net, nutrition and health projects for infants and pregnant women, support for medicines and medical equipment, and education and training of health and medical personnel. Program development and implementation, cooperative projects to modernize medical facilities, and establishment of a regular communication system should be included.","PeriodicalId":423802,"journal":{"name":"National Public Law Review","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133804771","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}