• Convergence Security Journal
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• v.15 no.6_2
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• pp.65-78
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• 2015

This paper aims to draw practical measures for the Protection of the Rights of the private security guards. The results of the analysis, and presents the legal definition if need be introduced for the protection of private security guards right, are as follows. First, it must be established in Private Security Act the basic provisions that assure the economic status of the private security guards. Secondly, there is a need to clearly define the scope of authority of private security guards. Third, there is a need to clarify the scope of physical force or power in the regulations relating to the duty of the private security guards. This provision during the "displayed its power", there is a possibility that is too arbitrary interpretation, it must be deleted. Fourth, it must be established by weighting penalties for assault of a private security guards. Finally, Private Security Act and the Petition Police Act has a difference in personality and the purpose of the enactment. So it is not desirable to be directly applied to private security guards the provisions that apply to the petition police.

• The Journal of the Korea Contents Association
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• v.22 no.4
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• pp.677-688
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• 2022

Precarious employment is negatively associated with mental health including depression. The aim of the study is to suggest the multidimensional definition of precarious employment and examine its impacts on depression. Using the fifth save of the Korean Working Condition Survey, we first measured six different dimensions of employment precariousness: temporariness, disempowerment, vulnerability, difficulty exercising rights, unpredictability of working times, and low wage. All of six precariousness indicators consisted of a scale from 0 to 100. Then, we conducted logistic regression to examine the association between employment precariousness and depression. For men, the risk of depression increased by 3.1%, 1%, and 0.5%, respectively, for each one point increase in vulnerability, difficulty in exercising rights, and unpredictability of working times. For women, the risk increased by 0.5%, 2.3%, and 0.8%, respectively, for each one point increase in temporariness, vulnerability, and difficulty in exercising rights. Our findings suggest that not only a secure employment contract, but also their substantive labor rights should be guaranteed for health for workers.

• Korean Journal of Social Welfare
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• v.55
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• pp.5-25
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• 2003

This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.

• Journal of the Daesoon Academy of Sciences
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• v.43
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• pp.67-102
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• 2022

The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

• Journal of the Korean Institute of Landscape Architecture
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• v.51 no.6
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• pp.33-45
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• 2023

The importance of play from a Children's Rights perspective has been continuously emphasized, and the need for play facilities and spaces has been reiterated. Meanwhile, in South Korea, despite the continuous increase in the number of play facilities, efforts to improve children's play spaces are required. Therefore, this study reevaluated the current regulations and policies concerning play and play spaces from the perspective of securing the right to play. An analysis of the legal concept of domestic playgrounds, related laws, construction standards, and regulations was conducted. The systems and characteristics of the related regulations in the UK, Canada, and Germany were analyzed. Based on the results of the comparative analysis, our directions for improving the system of playgrounds to ensure the children's right to play were proposed. First, a legal definition of the concept and scope of playgrounds should be established. Second, beyond safety-focused facility regulations, there is a need for institutional enhancements to ensure the right to play. Third, comprehensive management of playgrounds is required as a spatial concept rather than as individual facilities. Fourth, qualitative management is needed through specific guidelines and guidelines related to the establishment of playgrounds. These results can serve as a basis for establishing systems and promoting policy projects to ensure children's right to play in various fields, including urban planning, child welfare, and education in the future.

• 프린팅코리아
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• v.7 no.9
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• pp.104-107
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• 2008

최근 장애인들의 사회참여가 점점 늘어나고 있는 상황에서 장애인들에 대한 관심과 권리보호에 대한 사회적인 관심이 높아지고 있다. 우리나라의 경우 국민들의 생활 및 의식수준이 높아지고, 사회복지 및 사회안전망에 대한 관심이 증가하면서 장애인들의 복지 문제가 중요한 이슈로 대두되고 있으며, 세계 최고 수준의 IT기술을 활용하여 장애인들의 복지를 향상하는 방안이 적극적으로 전개되고 있다. 이에 한나라당 김소남 의원은 시각장애인, 노인 등을 위해 문자를 음성으로 출력할 수 있도록 인쇄물 등에 도형 형태로 표시하는 '음성변환용 바코드' 정의를 규정하고, 이를 지원하는 것을 골자로 하는 장애인.노인.임산부 등의 편의증진보장에 관한 법률 개정안을 지난 7월 24일 대표 발의했다. 이와 관련 음성변환용 바코드의 대해 알아보았다.

• Journal of Korea Fair Competition Federation
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• no.100
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• pp.2-13
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• 2003

우리나라의 현실여건을 감안해본다면, 묵시적 가격협정 카르텔의 존재 입증에 있어서 경제적 증거의 역할은 상당히 제약적일 수밖에 없음을 알 수 있다. 특히 상고허가제를 실행함으로써 상고심의 대상이 되는 사건의 수를 사전에 제한하고 이에 따라 사건심리에 충분한 시간을 투자할 수 있는 미국 연방대법원과는 달리, 우리나라의 경우 국민의 재판받을 권리를 최대한 보장하기 위하여 대법원이 대부분의 상고사건을 받아들이고 이로 인해 과중한 업무량에 시달리고 있음을 고려한다면, 실무적으로 경제적 증거를 충분히 평가하기란 힘들 것으로 예상된다.

• Journal of the korean academy of Pediatric Dentistry
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• v.33 no.1
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• pp.149-159
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• 2006

과거 정신지체는 사회의 불가사의한 것이었으나 현재는 이들의 원인과 병리현상의 이해로 예방과 의학적 관리에 괄목할 만한 발전이 이루어져 왔다. 그러나 이들 정신지체인의 치과관리는 과거와 별다른 변화를 이루지 못한 것이 우리의 현실이다 이들에 관심을 갖고 치료하기 원하는 치과의사들도 아직 진단이나 치료방법에 이용이 제한되어있다 정신지체인 들에게도 정상화 개념을 도입해 보다 나은 건강관리 환경을 이루도록 시대가 바뀌어 가고 있다. 환자의 권리를 보장키 위해 수용시설 입소화. 물리적인 강제치료 등 기존의 일반적인 행위에서 탈피하여 이제는 행동조절의 차원에서 약물이용과 치과적용에 필요한 모든 지식의 습득이 필수적인 것으로 변화되고 있다.

• Korean Journal of Social Welfare
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• v.61 no.3
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• pp.5-28
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• 2009

The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.