National Initiative Open Policy

(The Lawtimes on November 5, 2023)

                                                                                                            Myung Shin Kim

                                                                                                            Adviser, The Korean Patent Attorneys Association

During the U.S.-China conflict and Russia's war provocations, the subtle international environment is plunging the world into significant turmoil, generating social issues of all magnitudes. Topics like climate change, food shortages, nuclear waste, and Fukushima's contaminated water in Japan have ascended to global concerns. In our country, various national tasks such as energy supply, national pensions, population, education, labor, and more are accumulating.

According to the Judicial Yearbook in Korea, the annual number of civil, criminal, and family cases in 2022 amounted to 6,167,313, averaging one lawsuit filed for every eight citizens. Compared to Japan, which had 3,375,121 cases annually, with one lawsuit filed for every 37 citizens, our lawsuit count is five times higher. If this trend continues, there is a concern about resembling the litigious nature of the United States,

The Korea National Human Rights Commission also reported that people filed petitions over 12.38 million cases last year. It is comprehended to one in every five citizens filing a petition with a government agency. With this volume of petitions, it is reasonable to conclude that all public servants nationwide could not perform their regular duties.

Some years ago, as a Vice Chairman of the Korean Commission for UNICEF, I attended a groundbreaking ceremony in Bhutan in the Himalayas, a secluded country with a population of 750,000, where I contributed funds to build a small school. Despite its lower income, Bhutan displayed minimal social conflict and marked the highest happiness index globally. As income rises and capitalism advances, the advocacy for human rights and claims of rights will inevitably intensify.

To mitigate the escalating conflicts among citizens, I have long considered a proposal: introducing a policy, 'National Initiative Open Policy', to alleviate the burgeoning conflicts among the public. Currently, 'the Act on Handling Petitions' exists, but the examination and execution are monopolized by the government, with minimal benefits, hence not groundbreaking results.

Therefore, it is crucial to revolutionize the current system of national policy implementation, where policies are proposed and enforced by the President, Ministers, or Members of the National Assembly without sufficient objective discussions. Instead, I propose a system where excellent policies offered by citizens undergo fair evaluation through a rational assessment body. Once adopted, those policies would bear the citizen proposer's name, similar to the recognition granted when winning an Olympic gold medal, with a stipulated reward provided to the policy proposer.

At present, with the elderly population over 65 accounting for 18% of the nation, incentivizing outstanding policy proposals by offering substantial rewards, such as monthly payments of 5 million KRW (about USD 4,000) for ten years to various segments of society, including retired professionals, highly educated homemakers, unemployed youth, employees, and students, soldiers, could potentially lead to the development of exceptional policies.

Moreover, this 'National Initiative Open Policy' not only aims to surpass the environment of resolving all social conflicts through petitions or lawsuits but also encourages every citizen to contribute and receive fair compensation from the government for the excellent policies proposed. This could significantly benefit individuals and resolve major national issues while steering citizen interests away from preparing various petitions or lawsuits toward healthier directions.

In light of our country's scarcity of natural resources, gathering the wisdom of all citizens is crucial for survival in international competition. Even though I did my best to enact the Intellectual Property Framework Act enforced in 2011, there is a pressing need to amend this Act further.

It is essential to establish a new Intellectual Property Department functioning as a control tower to manage all kinds of the nation's intellectual property efficiently. In any case, I fervently hope that by consolidating the wise wisdom of our citizens, we can achieve the second 'Miracle on the Han River in Korea', creating a small but robust nation.