Research Report
I. Background and Purpose of Research
○ Today, the Republic of Korea is arguably in a state of extreme conflicts, which are seriously fierce between the ideologies, rich and poor, genders, and generations, yet the State has shown poor capability to resolve social conflicts.
- The social conflicts in Korea has led to the polarization of politics, economy, and society, deepening the sense of crisis and anxiety about sustainable development. Even worse, the existing conflicts between the ideologies and genders have escalated recently, evolving into a new phase with demographic change and development of information and communication technology.
- In particular, such extreme confrontation among the members of society in Korea is aggravating the ideological confrontation between South and North Korea. In these circumstances, it is urgently needed to overcome social polarization and conflicts, and pursue the realization of a mature democracy and happiness of the people.
○ For the purpose of national cohesion, the Korean government has established the Presidential Committee for National Cohesion under Presidential Decree on the Regulations on the Establishment and Operation of the Presidential Committee for National Cohesion. However, in order to complement the current laws and regulations that are fundamental to promote national cohesion, a more effective legal system should be introduced.
- This study aims to lay the foundation for a new legal system to enhance the effectiveness of national cohesion, focusing on the function of the Presidential Committee for National Cohesion, which is prescribed in the Regulations on the Establishment and Operation of the Presidential Committee for National Cohesion.
Ⅱ. Contents
○ In Korea, national cohesion has been treated as involving mitigation of social conflicts, and social cohesion and national cohesion are used synonymously without clear distinction; and national cohesion is broadly understood as social cohesion.
- In this study, national cohesion is considered a comprehensive concept centered on the function of the Presidential Committee for National Cohesion; it is defined as a series of activities to resolve social conflicts and promote social cohesion; more narrowly, it involves the activities of social cohesion carried out by each central administrative agency.
- In Korea, many legislative efforts have been made to resolve public policy disputes. Although the Presidential Decree still plays a pivotal role in preventing and resolving public disputes, there have been continuous legislative movement for the management of public disputes.
○ Social cohesion in Korea, like in the United States and Germany, differs depending on the circumstances of the country, yet its basic direction is to realize a more inclusive and diversified mature democracy and to pursue national happiness.
- Policies and laws related to social cohesion are formulated in various fields and sectors and have different legislative/regulatory matters depending on the circumstances of each country. Nonetheless, policies and laws have been developed in the direction of mitigating social conflicts experienced in social participation by the socially disadvantaged, including immigrants, foreigners, children, youth, people with disabilities, and women, and to strengthen human dignity and value.
○ In this study, a draft bill for the Framework Act on National Cohesion (tentatively named) is proposed as a way to prepare a (minimum) legal basis to manage social conflicts that Korea is facing and to promote social cohesion.
- The Framework Act on National Cohesion (tentatively named) is aimed at laying the foundation for a legal system to enhance the effectiveness of policy measures for the management of social conflicts that are prerequisite for social cohesion, focusing on the function of the Presidential Committee for National Cohesion. However, since there has been lack of consensus-building regarding the direction of promoting social cohesion and improvement of related legal systems, this study aims to prepare a legal basis focused on the function of the Presidential Committee for National Cohesion prescribed in the Regulations on the Establishment and Operation of the Presidential Committee for National Cohesion, and to mandate detailed matters related to the operation of the Presidential Committee for National Cohesion to be prescribed in the Presidential Decree.
- Article 1 of this bill prescribes the legislative purpose to promote national cohesion and to prevent and resolve social conflicts, thereby contributing to the realization of a mature democracy and promoting the happiness of the people.
- Article 2 of this bill defines terms related to social conflicts and national cohesion to help the national and local governments formulate policies and carry out a series of activities to manage social conflicts and heal the wounds inherent in our society.
- Article 3 of this bill provides for the responsibilities of the State and local governments, and Article 4 stipulates that the principle of national cohesion shall prevail when enacting or amending other statutes.
- Article 5 of this bill prescribes the principle of national cohesion, which shall be complied with when formulating related government policies or setting directions or preparing and implementing related procedures for preventing and mitigating social conflicts.
- Article 6 of this bill provides for the grounds for the establishment of the Presidential Committee for National Cohesion and functions thereof, and mandates related details to be prescribed in Presidential Decree, to enable a flexible response.
- Article 7 of this bill lays the groundwork for the establishment of the National Cohesion Support Center and stipulates its functions and roles as a specialized institution by specifying related support tasks.
- Article 8 of this bill provides for a basis for enhancing education and publicity for national cohesion according their importance, authorizing the State and local governments to conduct education and publicity for facilitating national cohesion.
- Article 9 of this bill lays the groundwork for practical national cohesion through consensus-building; Article 10 of this bill prescribes that financial support and others can be provided to the institutions and organizations conducting survey and research, providing education and training to prevent and resolve social conflicts, and carrying out voluntary activities for promoting national cohesion.
Ⅲ. Expected Effects
○ This study can be used as basic data when formulating and implementing government policies.
- It provides policy data necessary for formulating and implementing detailed policies on national cohesion.
○ This study can be utilized for plans for improving the legal system related to national cohesion.
- It proposes the direction and plans for improvement of laws related to national cohesion.