• Title/Summary/Keyword: 청소년권리

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일본에서의 조례위헌소송과 합헌적 한정해석의 법리

  • HwangBo, Wan
    • Korean Journal of Legislative Studies
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    • v.17 no.3
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    • pp.171-195
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    • 2011
  • 2007년 일본최고 재판소는 히로시마시 폭주족 추방조례사건에 대하여 헌법판단 회피의 이론에 입각한 합헌적 한정해석론에 따라 합헌결정 판결을 내렸다. 이는 기존의 판결내용을 답습한 것에 불과 하였지만 합헌적 한정해석이라는 헌법해석의 방법론에 관한 의미를 한번 되새기는 계기가 된 사건이다. 이 법리에 의한 것으로는 1980년대의 청소년보호조례사건이 유명하다. 이 두 사건은 하나는 공안사건이고 다른 하나는 풍속에 관한 사건이라는 점에서 차이가 있다. 폭주족 추방조례사건은 합헌적 한정해석의 법리가 적용될 여지가 있다고 보이지만 청소년보호조례사건과 같은 풍속에 관한 사건에서는 이 법리를 적용하는 것은 무리라고 생각된다. 왜냐하면 청소년보호조례사건에서는 음행, 난잡한 성행위라는 너무나 막연하고 애매한 개념을 사용하고 있어 형사절차에서의 대 원칙인 죄형법정주의에 위배될 소지가 있으며 성적 자기결정의 자유를 규제할 때에는 이에 따른 필연적인 이유가 존재해야 함에도 그렇지 못하다는 문제점과 일반국민에게 지나친 심리적 위축을 초래할 수 있다는 점에서 위헌논란이 제기되었다. 그럼에도 일본 최고재판소는 이를 합헌적 한정해석의 법리를 원용하여 위헌선언하기를 꺼려온 바 이는 헌법판단회피를 의도적으로 하는 것으로 지나친 사법소극주의적 태도라고 하지 않을 수 없다. 법원은 사건의 중대성이나 위헌상태의 정도 그 파급효과의 범위, 구체적 사건에서 문제가 되고 있는 권리의 성질등을 종합적으로 고려해서 충분히 이유가 있다고 판단되는 경우에는 헌법판단회피의 준칙에 따르지 않아야 하며 헌법판단을 적극적으로 할 수 있다고 해석하는 것이 타당하다고 생각된다.

Factors Influencing to the Quality of Life of the Juvenile Delinquents in the Juvenile Justice Process (사법처리과정 청소년의 삶의 질에 영향을 미치는 요인)

  • Nam, Mi-Ahe
    • Korean Journal of Social Welfare
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    • v.58 no.1
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    • pp.265-290
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    • 2006
  • The purposes of this study are: First, to investigate how the juvenile delinquents in the juvenile justice process evaluate their quality of life. Second, to examining which factors influence their quality of life. To accomplish these purposes, this study used sample of 570 juvenile delinquents in Seoul, Busan, Daejeon who are in the process of the juvenile justice and used the Korean Version of WHOQOL-BREF (brief version of WHO quality of life measure). To examine this purpose, Mean, standard deviation, t-test, One way ANOVA, multiple regression were conducted. The results are as follows: 1) juvenile delinquent in the process of the juvenile justice have complex problems and needs, and their quality of life are lower than the civil in the psychological, social relations, environment domain. 2) The factors influencing their quality of life in the general domain are stigma by parent, violent, undemocratic treatment in the process of the juvenile justice, family income level. But the factors of each domain of quality of life differ to some extent. Statistically significant factors of physical health domain are violent, undemocratic treatment in the process of the juvenile justice, first arrest time, stigma by others, sex, juvenile justice process. Significant factors of psychological health domain are delinquency frequency, stigma by parent, stigma by others, first arrest time, family income level, sex. Significant factors of social relations domain are first arrest time, stigma by parent, delinquency frequency, family income level, stigma by friend. Environment is significantly influenced by family income level, stigma by parent, sex, delinquency frequency, juvenile justice process.

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도시해안림의 변용메카니즘에 대한 연구

  • 박구원;정상보;산내유미자
    • Proceedings of the Korean Environmental Sciences Society Conference
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    • 2003.11b
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    • pp.77-81
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    • 2003
  • 1)일본에서 해안림은 강풍, 비사로부터 경작지를 보호하기 위해 조성되었고. 그의 기능은 해안방풍림.입회림 $\rightarrow$레크레이션임 $\rightarrow$생활환경림으로 변화하고 있다. 그리고 관리문제는 초기 입회의 권리문제로부터 이용의 제어문제로, 그리고 최근에는 쓰레기, 방화, 청소년범죄 등의 사회문제로, 그의 중심이 이동하고 있다. 2)이러한 입회적 이용과 해안흑송림의 식생변화(광엽수화)와는 그의 관련성이 높다는 의문이 제기되어온 것에 있으나, 본 연구를 통해 입회적 이용이 소멸(부영양화)되는 것에 따라 해안흑송림의 천이가 발생되고 있는 것이 입증된다. 3)그리고, 현재 문제시되고 있는 쓰레기, 화제, 범죄 등의 관리문제는 이러한 식생변화와 매우 큰 관련성(밀폐된 산림구조에서 관리문제가 큼)을 갖고 있는 것으로 나타난다. 4)이상에서 보면, 전체적으로는 해안흑송림의 변용에는, 이용의 변화가 산림의 식생변화를 부르고, 다시 이러한 밀폐된 산림구조가 새로운 관리문제(쓰레기. 범죄, 방화 등)를 발생시키는 메커니즘이 자리 잡고 있는 것을 알 수 있다.

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The Analysis of Contents on Education for Sustainable Development(ESD) in Middle School Home Economics Textbooks : Focused on the Units of 'Adolescence Consumption Life' (지속가능발전교육(ESD)을 위한 중학교 기술·가정 교과서 가정생활 영역 분석 연구 - 청소년의 소비 생활 단원을 중심으로 -)

  • Ju, Sueun
    • Journal of Korean Home Economics Education Association
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    • v.28 no.2
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    • pp.79-93
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    • 2016
  • This study analyzes the middle school Home Economics textbook's 'Adolescence consumption life' unit using framework of Education for Sustainable Development(ESD) to examine correlation with the current Home Economics ESD, and aims to provide the base data for the composition of the educational curriculum that can help the students cultivate the capability for leading sustainable life from the future oriented perspective and for the selection of educational contents. This study analyzes the 'Adolescence consumption life' unit in the Home Economics textbook of the 12 type revised curriculum of 2009. As for the analysis method, Romey's content analysis method is used to carry out in-depth analysis of the ESD content elements. The analysis demonstrates the following. First, content elements extracted commonly from the 'Adolescence consumption life' unit are analyzed with the ESD's criteria of analysis (environment, economic and social domain), which led to the composition with the sub content elements following 23 related topics. Secondly, content elements of 12 types of Home Economics textbook's 'Adolescence consumption life' unit used in middle school are analyzed in three domains, which led to social domain (68%), economic domain (58%) and environmental domain (40%) in the order mentioned. This focused on the role of the Adolescent-consumer on the active consumer that is presented in the 2009 revised educational curriculum, and it is possible to see that this is very closely related to the right to organize and to be active in terms of the human safety, consumption culture, social interest and group.

The Effects of Right Practice and Self-Concept on Social Skills of Adolescents (청소년의 권리실제와 자아개념이 사회적 기술에 미치는 영향)

  • Ji, Eun-Ju;Yang, Sung-Eun
    • Korean Journal of Human Ecology
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    • v.20 no.5
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    • pp.955-966
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    • 2011
  • This study is intended to identify the difference in social skills among adolescent students, by grade gender, rights practice, and self-awareness. It will raise awareness of the importance of the rights of adolescents and provide basic data of guaranteed rights for adolescents and social skills. Using questionnaires, a 569 adolescents, in four middle and high schools in Seoul and the Capital Area, were analyzed. The study results were as follows: first, females showed higher empathy skills than males did in social skills. In the case of male adolescents, self-control skills among social skills, was higher than those of females. Second, practice for rights and self-concept had positive influences on social skills. The higher the practice for rights, the higher cooperation, assertiveness, empathy, and self-control the adolescents had. The more positive self-concept of physical appearance, gymnastic ability, friends, and honesty, trust and value, indicated a higher assertiveness. The result implied that the adolescents' practice for their rights, self-concept, and social skills were highly correlated with one another, and adequate practice for their rights and positive self-concept had influences on their social skills. Based on the results, in order for adolescents with a low level of social skills to have a satisfactory social life, they should be encouraged to practice their own rights in the right direction and to acquire positive self-concept in the future.

The effects of housing poverty on adolescents' subjective well-being (주거빈곤기간이 청소년의 주관적 행복감에 미치는 영향)

  • Lim, Se Hee;Kim, SunSuk
    • Journal of the Korean Society of Child Welfare
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    • no.56
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    • pp.133-164
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    • 2016
  • This study investigated the effect of housing poverty in childhood on adolescents' subjective well-being. Specifically, this study examined whether the major factors that have been known to affect adolescents' well-being (i.e., family relationships, peer relationships, school adjustment etc.) mediated the relationship between housing poverty and adolescents' well-being. And then this study aimed to present an empirical evidence for establishing policies against housing poverty in order to enhance adolescent's subjective happiness. Data were derived from the $1^{st}$, $4^{th}$, and $7^{th}$ surveys of the Korea Welfare Panel Study(KOWEPS), and the sample included. 512 high school children in the $7^{th}$ survey. This study utilized structural equation modeling. Housing poverty was measured by the sub-minimum standard housing condition and the household's burden of housing expenditure. Family relationship, as a mediator, was measured by parental involvement in education, parental monitoring, and family conflicts. Another mediator, school adjustment was measured by school environment and school bonding, and the last mediator, peer relationship was measured by friend attachment and peer attachment. The results showed that housing poverty had significant negative effects on the adolescents' subjective well-being. The sub-minimum standard housing condition with inadequate size and facilities negatively affected adolescents' relationships with family directly and subjective well-being indirectly. In addition, the negative family relationships due to the sub-minimum standard housing condition negatively affected adolescents' subjective well-being through school adjustment and peer relationships. The greater the proportion of income a household spends on housing expenditure, the less likely for adolescents to report positive well-being. The sub-minimum standard housing condition had indirect effects through family relationships, whereas the household's housing expenditure directly affected adolescents' subjective well-being. This study suggested the necessity of interventions to alleviate housing poverty for adolescents' families and lays the groundwork for housing poverty policies in Korea.

A Study on the Relationship between Emotional Problems and Game Commitment in Adolescents (청소년의 정서문제와 게임 몰입의 관련성에 대한 연구)

  • Cho, Ok Hue;Huh, Myo Yeon
    • Journal of the Korean Society for Computer Game
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    • v.31 no.4
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    • pp.101-110
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    • 2018
  • This thesis analyzed the correlation between the psychological characteristics of adolescents and the use of games in the first year students of the national high school in 2016. The game is one of the representative entertainment industries in Korea and is an industry that has a great influence on becoming a powerhouse as cultural contents. However, games and immersion are expressed as a negative vocabulary of game addiction and are referred to as social problems and youth problems, and they give negative perception to the content of games. All users have the right to enjoy the content, but only negative words are used in poisonous games and they are packed as if they are social problems. In the present study, many emotional problems that were derived from previous studies were not related to game use in general adolescents. Through the questions related to 'depression', students who are not motivated or energy. The results of this study are as follows. First, the positive effects of game and youth emotional problems were derived through the conclusion that students who are active and emotionally bright are more likely to use game contents. This study was conducted to help change the social perception of the game positively by breaking the social fixed point of view that the emotionally troubled adolescents engage with the game and cause social problems.

The Influence of School Consumer Education on Cellular Phone Consumption Behaviors of Middle School Students (학교 소비자교육이 중학생의 휴대전화 소비행동에 미치는 영향)

  • Lee, Jin-Hwa;Oh, Kyung-Wha;Chae, Jin-Mie
    • Journal of Korean Home Economics Education Association
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    • v.24 no.2
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    • pp.87-99
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    • 2012
  • The purpose of this study is to investigate the relation among adolescents' school consumer education, cell phone consumption behavior and satisfaction with cell phone consumption life. Finally, this study aims to find right ways for leading to adolescents' reasonable consumption life and improving the school consumer education. A survey was conducted to the second grade students 430 of middle school residing in Seoul and the Capital area. As the result of examining the relation among school consumer education, consumption behavior, and consumption life satisfaction, the learning of 'information analysis and decision making process' has a positive effect on 'reasonable purchase and active problem-solving' behavior, and the learning of 'consumption culture' on 'active problem-solving and ethic use' behavior, the learning of 'problem-solving and rights and responsibilities' on 'ethic use' behavior. In addition, it shows that 'ethic usage behavior' in consumption behavior has a positive influence on 'relation satisfaction', and 'reasonable purchase' behavior and 'active problem-solving' behavior on 'practical usage satisfaction'.

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A Study on the Structural Relationship among Self-Esteem and Human Rights Awareness of High School Students (고등학생의 자아존중감과 인권의식의 구조관계연구)

  • Kim, Jung Eun;Kim, Ji Sook
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.4
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    • pp.51-57
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    • 2021
  • The purpose of this study is to analyze the structural relationship and direct and indirect effects among high school students' self-esteem, democratic parenting attitude, school adaptation, and human rights awareness. The subject of this study is panel data of a total of 3,456 high school students who responded to a study on the implementation of the Convention on the Rights of Children and Youth of the Korea Youth Policy Institute. Data analysis was statistically processed using SPSS 21 and AMOS 21.0 programs. The results of this study showed that high school students' self-esteem had a direct effect on democratic parenting attitudes, school adaptation, and human rights awareness. It was confirmed that the self-esteem of high school students had an indirect effect on human rights awareness through democratic parenting attitudes and school adaptation as a medium. In conclusion, in order to improve high school students' human rights awareness, school of social work is needed considering the causal relationship of all variables.

Analysis of Child-Friendly Environment in a Neighborhood Park in Child-Friendly City - Focused on the Moraetmal Neighborhood Park of Seongbuk-gu - (아동친화도시 근린공원의 아동친화환경 분석 - 성북구 모랫말 근린공원을 중심으로 -)

  • Choi, Jin-Ho;Kim, Ah-Yeon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.6
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    • pp.87-102
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    • 2019
  • Since the Child Friendly Cities Initiative(CFCI), a UNICEF-led initiative, was first introduced to Seongbuk-gu in 2013, more than half of the districts of Seoul are making efforts to achieve the accreditation of the Child Friendly City(CFC). At this point, when an initiative is transformed from a special policy of a few districts into a general policy of many local governments, we need to examine and check on how friendly urban parks are to children. This study focused on neighborhood parks that tend to be less friendly to children as compared to children's parks and looked into the current status, because neighborhood parks are also well used by users of all ages including children. The evaluation criteria was developed based on the review of domestic and international guidelines of child friendly parks and neighborhood parks. Futhermore, field studies, user questionnaire, and a participatory design workshop were introduced to analyze the status of child-friendly environment of neighborhood parks. Findings are as follows. First, vague definitions of child cause the inconsistency of child-related policies. Second, Neighborhood parks are not conceived as a public space for children. Third, the consideration of youth is relatively low. Fourth, adjacent area of a park turns out not to be child friendly as well.