• Korean journal of communication and information
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• v.38
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• pp.211-244
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• 2007

Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

• Korean Journal of Social Welfare Studies
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• v.47 no.4
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• pp.361-388
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• 2016

The purpose of the study was to conduct an empirical study on the scope and level of social exclusion experienced by persons with psychosocial disabilities. The Wave 6 data of the Panel Survey of Employment for the Disabled were used to investigate the current status of social exclusion in life areas including income, education, work, housing, health, social network, social participation, and discrimination (N=4,161). A series of logistic regressions were executed, with the psychosocial disability(PD) group being the reference; the reverse odds rations of different disability groups were compared against the PD reference group (OR=1). The results showed that compared with all others, the PD group was about 2 to 11 times more likely to have risks in income, work, and housing; and that compared to other groups except for the autism/developmental disability group, they were about 6 to 10 times more likely to have risks in social network, social participation and discrimination. In conclusion, the authors urged the need for legal mandates to have community based mental health services and welfare services for the disabled more available to the PD groups and the necessity to eliminate various discriminatory legislations that are violating human and social rights of the persons with PDs.

• 재활복지
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• v.20 no.1
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• pp.131-150
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• 2016

This study aims to compare global policies on ICT accessibility and to suggest possible solutions that help to enhance ICT accessibility for socially disadvantaged groups. The results indicated that related laws and standards in Korea are relatively well established than Asian countries' whereas they need improvements when compared to the US or the UK. Particularly, in spite of rapid development in information communication technology industry, incorporating the definition of newly developed technologies into existing laws related to ICT accessibility seemed slow that caused reluctancy of related parties to address accessibility issues the new technologies create. In addition, Korean government seems less effortful to develop policies and standards apart from web and mobile application accessibility. In order to resolve the problems, firstly, the period or process of enacting and amending laws can be shorten. Next, a government affiliated research institute can be established to do research and develop ICT accessibility related to user scenarios so that effective policies and standards could be readily provided. Even though other possible solutions can be suggested, what is more important than that is that any interested parties should sustainably make efforts to provide equal opportunities for the underserved populations.

• Korean Journal of Social Welfare
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• v.57 no.1
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• pp.245-269
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• 2005

This paper purports to evaluate the public assistance programme of Korea in comparison with those of member states of the European Union, using the concept of poverty regime as a heuristic device. For this purpose, chapter two discusses notions of welfare-state regime (Esping-Andersen, 1990) and poverty regime(Sainsbury and Morissen, 2002). Chapter three examines poverty and income distribution in Korea and the member states of the EU, and chapter four compares and analyses the public assistance programme of those countries, using hierarchical cluster analysis. It claims that the 'welfare paradox' of $L{\empty}delmel$ (1997) is not based on evidence, and duly concludes that the overall level of welfare effort such as welfare expenditure is a main determinant for the development of public assistance programmes.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.13 no.6
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• pp.17-32
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• 2003

The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

• 한국사회정책
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• v.25 no.2
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• pp.165-189
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• 2018

Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.43-82
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• 2019

In Korea surrogate medical decision makings happen without legal grounds. The purpose of this article is to research the issues in preparing policies for decision-making on behalf of unrepresented patients. As aspects of comparative law, there are two approaches. One of them is to regulate default surrogate list. If no agent or guardian has been appointed, some legislatures provide that members of patient's family who is reasonably available, in descending order of priority of not, may act as surrogate: (1) the spouse, unless legally separated; (2) an adult child; (3) a parent; or (4) an adult brother or sister. If none of them is eligible to act as surrogate, some legislatures allow close friends to make health-care decisions for adult individuals who lack capacity. On the other hand there are other legislatures which provide no surrogate decision maker list but oblige the responsible authority to determine with advice of family members or friends of the patient. In the end the first approach can not guarantee that the surrogate decision maker like family members or friends will determine in the best interest of the patient.

• Informatization Policy
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• v.28 no.3
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• pp.49-72
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• 2021

This study analyzes the major content, significances, and future outlook of Three Data Acts amendment enacted in August 2020 in South Korea, with the focus on their impact on the financial and data industries. It seems that the revision of the Credit Information Act will enable the specification of a business which had previously only been regulated as the business of credit inquiry, and also enable the domestic data industry to activate the MyData industry, data trading and platforms, and specify data pseudonymization and trading procedures. For the rational and efficient implementation of the amendments to the Three Data Acts, the Personal Information Protection Committee must be as transparent and lawful in its activities as possible, and fairness must be guaranteed. Even in the utilization of personal information, the development or complementation of the related data processing technologies is essential, and clear data processing methods and areas must be regulated. Furthermore, the amendments must be supported with guarantees and the systematization of a fair competitive system in the data market, stricter regulations on penalties for illegal acts related to data, establishment and strengthening of the related security systems, and reinforcement of the system of cooperation for data transfer.

• Korean Journal of Psychosomatic Medicine
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• v.25 no.2
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• pp.200-209
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• 2017

Objectives : The aim of this study was to analyze the relationship between depressive symptoms and sociodemographic factors associated with geriatric depression and insomnia and to examine the effects of these factors on depression. Methods : The severities of insomnia and depression in elderly aged 60 and older lived in Gwangmyeong city were evaluated and the related sociodemographic factors were investigated. From April 20, 2016 to December 1, 2016, Gwangmyeong city Mental Health Sevices consignment by department of psychiatry of a university-affiliated general hospital conducted surveys and interviews for total 837 elderly peoples lived in Gwangmyeong city by visiting welfare center and wards located in the city. Structured interviews were conducted using Insomnia Severity Index(ISI) and Short form-Geriatric Depression Scale(S-GDS) to examine the relationship between sociodemographic factors and the severities of insomnia and depression. Results : There were significant differences in S-GDS mean scores and age(below 70 years old, 70s, 80s, above 90 years old), type of health care(health insurance, medical aid), type of residency(own, not own) and marital status(single, married, divorced or widowed).There was a significant difference in education level, especially between not educated(and/or) elementary graduates and college graduate(F=3.227, p=0.012). Also, there were significant differences in age, type of health care, type of residency, number of household on divided S-GDS score above and below 10 scores(p<0.05). Insomnia measured by ISI was not significantly associated with sociodemographic factors(p>0.05), but was significantly associated with depressive symptoms(p<0.05). These findings suggest more severe insomnia symptom indicated the higher probability of depression and elderly with depressive symptoms had more severe insomnia. Conclusions : Geriatric depression has significant relationships with age, type of health care, type of residency, marital status, education and number of households. In addition, insomnia which is main symptom of depression in elderly, has important role in predicting the severity and diagnosis of depression.

• Journal of the Korean association of regional geographers
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• v.19 no.3
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• pp.514-540
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• 2013

Today human rights are the most complex and prominent issue in the system of international law, and the right to housing(housing right) is also recognized as a basic human right in the international human right instruments including the Universal Declaration of Human Rights. This study targets to comprehensive review of the housing rights provisions with 85 international human rights laws and instruments. And the contents and characteristics of housing rights are analyzed with categorization based on housing rights in general, housing rights of workers, socially vulnerable groups, international regional organizations. Housing right takes also the features of universality, indivisibility, interdependence, and right to adequate housing should be interpreted with holistic view including legal security of tenure, accessibility, affordability, location beyond ensuring just a physical housing space. Approaches to the housing right comprehensively reflect the view of the right to development, the perspective of gender equality, the principle of non-discrimination, the participation rights, and orient the housing right should be seen as the right to live somewhere in security(safety), peace and dignity.