• Korean Journal of Social Welfare
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• v.59 no.3
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• pp.33-58
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• 2007

Capital punishment is a system which is not finished simply as one of interim penalty but does away with one person's existence eternally. It is not only opposite to the existential humanism but also contrary to social welfare's goal like social integration. Therefore, this study tries to find out the issues related to capital punishment and further tries to draw out the rightness of capital punishment abolition by critically reviewing the capital punishment system on the basis of the value and philosophy of correctional welfare. In brief, capital punishment is possible only when we negate the inviolable fundamental right which is called life right, and deny the human life existence which surpasses space and time. As long as we can not deny the macroscopic viewpoint to search out the basis of human behavior in the social system which is called culture and society, capital punishment system is contrary to the philosophy of welfare that total society is responsible for guiding members of society to pursue self realization on the basis of value like social solidarity and human dignity. Also, it is against the objective of correctional welfare to head toward special prevention by positive correction and rehabilitation. Capital punishment system ought to be abolished properly.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• 한국사회복지학회:학술대회논문집
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• 2007.04a
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• pp.677-678
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• 2007

• Journal of the Korea Society of Computer and Information
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• v.19 no.7
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• pp.151-159
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• 2014

Sometimes, the misjudgement of imperfect human can not be avoided because capital punishment is decided by a judicial officer, human. Dreiinstanzen system has been adopted to prevent misjudgement. However the possibility of misjudgement can not be entirely excluded in the judgement by a judicial officer as the judgement of a lower court and a higher tribunal depends on the specific criminal cases. And in case of capital punishment executed by misjudgement, it leads to a cruelty result which has not ways to recover the damage. There is an opinion that dangerousness of misjudgement is lacking in persuasiveness because of insufficient demonstration for the abolition of capital punishment. However, also, there is an opinion that the abolition of capital punishment in case of misjudgement is persuasive with reality. In this case, even if other punishments are discussed separately, once capital punishment is executed, it can be irrevocable unjustice because a nation itself commits a crime. According to this, I would like to find out causes of misjudgement in the criminal justice system through the cases of advanced countries, such as United states, Japan, which are rich in studies and case analysis related to misjudgement, and introduce their efforts to prevent misjudgement in this paper.

• Journal of Korean Philosophical Society
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• v.145
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• pp.351-380
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• 2018

In every society, citizens must decide how to punish criminals, uphold the virtue of justice, and preserve the security of the community. In doing so, the members of society must ask themselves how they will punish those who carry out the most abhorrent of crimes. Many common responses to such a question is that death is an acceptable punishment for the most severe crimes. But to draw some theoretical distinction between a crime that deserves incarceration and a crime that is so heinous that it deserves capital punishment is subject to three errors. First, what possible line could be drawn? To decide on a particular number of deaths or to employ any standard would be arbitrary. Second, the use of a line would trivialize and undermine the deaths of those whose murderers fell below the standard. Third, any and all executions still are unjust, as the State should not degrade the institution of justice and dehumanize an individual who, although he or she has no respect for other human life, is still a living person. Simply put, all murders are heinous, all are completely unacceptable, and deserve the greatest punishment of the land; however, death as punishment is inappropriate. Also, while this article arrives at the conclusion that the death penalty is an inappropriate form of punishment, I have not offered an acceptable alternative that would appease those who believe capital offenders deserve a punishment that differs in its quality and severity. This is a burden that, admittedly, I am unable to meet. I finally conclude that the death penalty is unjustified retribution. This is the only claim that can effectively shift the intellectual paradigms of the participants in the debate. The continued use of the death penalty in society can only be determined and influenced by the collective conscience of the members of that society. As stated at the outset of this article, it is this essentially moral conflict regarding what is just and degrading that forms the backdrop for the past changes in and the present operation of our system of imposing death as a punishment for crime.

• Journal of Hospice and Palliative Care
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• v.17 no.3
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• pp.142-150
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• 2014

Purpose: This study was to identify the attitude of Korean HIV (Human Immunodeficiency Virus)-positive men toward death. Methods: A Q-methodology was performed with 20 HIV-positive male individuals. Participants were asked to select and answer questions among a set of 40 Q-statements using a 9-point scale. The collected data were analyzed using the PC QUANL program. Results: Participants' attitudes toward death were categorized into four types. Type I was characterized by respect for life, type II by reality orientation, type III by pain evasion and type IV religious beliefs. Conclusion: It is necessary to develop an assessment tool and an intervention program for HIV-positive individuals.

• Journal of Hospice and Palliative Care
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• v.2 no.2
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• pp.101-108
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• 1999

Purpose : The purpose of this study was to identify hospice volunteers' perception of the death. Methods : This study was conducted with 327 adults who registered for the hospice volunteer education program in Severance Hospice Center from 1996 through 1999. The 4-years data was collected through a self-reporting questionnaire constructed and revised by the authors. The questionnaire was classified into 5 categories. The data collected were analyzed using SPSS/W. Results : 1) Hospice volunteers were mostly female(93.9%) with an average age of 48 years. The majority(82.6%) of the participants were Protestant. 2) From the 4-years data over 90 percent of participants thought of death as a process of life and responded positively to these three items : 'Death is a temporary separation from family', 'I will die in peace', 'Faith in God results in a freedom from fear of death'. 3) Age were statistically relevant to the following items: 'I often read the obituaries in the newspaper', 'Dying is a tragedy', and 6 items were significantly related to religion: 'I rarely think of dying unexpectedly', 'Death is a temporary separation from family'. 'Dying is a tragedy', 'We have to do our best to prolong life by use of modem medical technology', 'I feel comfortable thinking of death and dying, 'Faith in God results in a freedom from fear of death'. The finding that religiosity was related to perception of death is consistent with other reports. And $40{\sim}50$ year old Protestant women had more positive perception of death than $20{\sim}30$ year old women. Conclusion : The findings indicated an importance of considering the age and religiosity when we educate the hospice volunteers. And that will be a important basic-data to develope program for hospice volunteers.

• Korean journal of communication and information
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• v.17
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• pp.85-111
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• 2001

In this article, Channel 4 in Britain is the main theme since its alternative broadcasting system can shed the light to the Korean case. Korea is getting into the era of multimedia and including webcastings there are over thousands channels are available. However the infra-structure fur the broadcasting contents never seems to be matured to match its need. Instead Korean production system is rather vertically integrated into the Networks(KBS, MBC and SBS) which oligopolise the broadcasting in terms of supply. Even though 'Program Quota Regulation' has been established under the new Broadcasting Art(1999), the old habits die hard and still the independent producers have the unfair relationships with the Networks. Under this circumstance, Channel 4 can be the good example to show how well the alternative system can serve to the diversity of broadcasting and the taste of the minority. Channel 4 took almost 20 years to establish since there were enormous amount of debates about its public missions, ideal broadcasting system, whom it should serve for, etc. between all the social sectors including the independent producers. The social agreement was reached on the point that the new broadcaster should not produce but publish and it is called the 'publishing broadcaster'. In this sense, it can be managed effectively with comparatively little fund and at the same time, it can always have all different sorts of contents as well as genres very freely through 'commissioning process' or buying programs from even the most innovative producers. The 'commissioning process' is one of the key points which makes the Channel 4 so unique. The commissioning process is literally open to anybody, in particular, to the small scale producers with much innovative ideas. Channel 4 will support financially as well as with facilities and human resource to produce the program once after their program idea is accepted by the commissioning editor. Even better side of Channel 4 is about their financial success. From the beginning, the 'funding formula' helped in great deal to make the Channel 4 doing all sorts of innovative experiments. The history of 'funding formula' and its contribution are explained in the article, too. With all this effort, the article is hoped to bring discussion about the alternative broadcasting system which might help to prepare the new era of broadcasting.

• 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.

• The Journal of the Korea Contents Association
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• v.19 no.12
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• pp.615-622
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• 2019

Recently, reports of cruel group sexual assault in India have been frequently reported. The most prominent group sexual assault incident in India was a medical student, Joti Singh case, that six men raped her and damaged her genitals and organs on a bus and caused her death in 2012. This incident led to the launch and passage of a strong punishment bill including death penalty for sexual assault. But since then, sexual assault is still on the rise. As a result of examining the relations with regional characteristics centering on the areas where sexual assaults occurred, it was found that most of the cases of group sexual assault reported in the media occurred in the mid-north of India, and this was consistent with the region of the Hindu stressed region. If so, it can only be concluded that Hindu fundamentalism, in which female neglect is severe, is the cause. Hindu fundamentalists try to revive the traditional values of women with a strong retroism tendency. In Indian society, women are still at risk of collateral damage. The pursuit of Hindu fundamentalism by the ruling party and political leaders will require much more time to improve the women's social status and human rights.