• Title/Summary/Keyword: 평등의 원칙

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Research on Prevention Principle for Permanent Migration of Migrant Workers (이주노동자 정주화방지원칙에 대한 연구)

  • Lee, Hyang-Soo;Lee, Seong-Hoon
    • Journal of Digital Convergence
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    • v.14 no.5
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    • pp.117-123
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    • 2016
  • As a multicultural society, is it right to adhere to the prevention principle of permanent migration of migrant workers? We need to try to do a little more calm consideration on the prevention principle for permanent migration rather than in terms of human right and emotional aspect. Even though there is a suggestion that we need to decrease the proportion of 3D Jobs by improving industrial demand, migrant workers can be an alternative in that we need a solution unless we can be freed from 3D Jobs. The prevention principle for permanent migration not only is against the trend of multicultural society but also blocks the opportunity for migrant workers to share their skills and knowledge taught in our country. In addition, with the society aging, that the permanent migration of migrant workers can be proper channels to supply young labor force should be kept in mind. In addition to this practical aspect, considering that all human beings are equal and with dignity and unequal conditions that migrant workers undergo require empathetic viewpoint, the prevention principle should be amended.

Legal review of public officials' leave of absence for law school enrollment training

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.5
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    • pp.189-197
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    • 2022
  • It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

Study on Integrating Women's Policies in Unified Korea : Social Welfare Policy (통일한국의 여성정책 통합방안에 관한 연구 : 사회복지정책 부문)

  • Kim, Young-Lan
    • Korean Journal of Social Welfare
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    • v.36
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    • pp.39-69
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    • 1998
  • The study is to grope for the unified device of the women's welfare policy in the United Korea by considering and comparing with the women's welfare in South Korea and North Korea centering on the women's welfare law and system among the social security laws and systems in the present both countries. The both Koreas have enforced the different women's welfare policies according to the different ideologies and constitutions. But in the welfare policy women are in the secondary stage by means of the ideology of sexual devision. It, therefore, is clear that the position of the North Korean woman goes in advance of the South Korean woman in the law and system. However, they are similar to the North Korean women in the aspects of the application of law and system. That is, both of them are discriminated not only in home and labor participation, but also in social welfare. There are the patriarchal family system and sexual devision of labor under the discrimination against woman. As though the both sexes are equal in law, the welfare law and system are applicated unequally to woman because of the ideology of sexual devision and familism which family should take the primary responsibility of welfare. From this perspective the women's welfare policy of the United Korea is not just to unify both laws and systems related women's welfare, but to search for the convergence on the higher level of quality and to make the real gender-equal society. The study suggests as the women's welfare the spread of the application of social welfare system, and social security network constructed through the mother protection policy, women's poverty and social security on basis of the primary principles such as the gender equal right as civil right, benefits of social welfare as social right, escape from the patriarchal familism, strengthening of resposibility of state and the principle of women participation in process of social welfare management. The device of women's welfare means building the social welfare system based on the real gender equality, so the unification will be the important turning point for the gender-equal society to the South-North Korean women.

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The Search for New Model of Delivery System for Family Welfare Service (가족복지서비스 전달체계 수립을 위한 방향과 원칙에 관한 탐색적 연구)

  • Song, Da-Young
    • Korean Journal of Social Welfare
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    • v.57 no.4
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    • pp.225-251
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    • 2005
  • This study examines the changing paradigm of family welfare policy and tries to find an appropriate model for the delivery system of family welfare service. First, the study reviews the contexts of family policy in new paradigm, and traces the changing process of family welfare-related administration from the ministry of human and health to the ministry of family and gender equality. Second, the study examines the principles of the delivery system for family welfare service to pursue the advancement of family policy. In conclusion, it proposes an alternative model for the successful settlement into community of family welfare delivery system, and a desirable position and role of family support center. The principles of the delivery system of family welfare service is fundamentally to make family policy come realistic, such as strengthening family stability through the harmonic reconciliation of work and family, preventing any forms of families from social safety net, and securing happy lives. Comprehensiveness, continuity, effectiveness, and accessibility of the system are also needed. In particular, family support center, recently very controversial, could be better as a representative council of networking various kinds of community organizations in the fields of family welfare enhancement, rather than organization of direct service provision, such as family counselling, education and therapy. Finally, an alternative model of delivery system for family welfare service is presented.

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An Analysis of Feminism Trend in Animation -Focused on American and Japanese animation- (애니메이션에 나타난 페미니즘적 경향분석 -미국과 일본의 애니메이션을 중심으로-)

  • Seo, Tae-Hee;Yoon, Kap-Yong
    • Cartoon and Animation Studies
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    • s.45
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    • pp.51-74
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    • 2016
  • Modern society which human rights and woman's right have been risen is asking for equality treatment of women and men in all sectors of society under sexual equality principle. People say that hidden beneath sexual equality's surface is feminism. Feminism had arisen in the directions that rights and opportunities of women and men are equal. But now, feminism has aimed at woman's right acquisition and realization because men have taken the lead in social activities and political participation historically. This study's purpose is to examine feminism through animation which is image media contents. As everyone knows, media is the glass reflecting the times by reflecting the ideology of the times. In that sense, studying the feministic analysis of research trend in animation which is the representative genre in image media is the meaningful research in understanding the trends of the times. As mentioned above, this study analyzed the and which clearly showed feministic trend. The two animations have the character changes which the objectified women as witch meets the subjective women and the women do a self-directed choice and behavior. Use this to find out the trend of subjective and self-actualizing of Postfeminism in our modern society. Also based on this, this study could predict the changing of feminism arising in the future. This study's limit is that this study is hard to find animation research result related feminism. Symposium related to the feminism animation was held in Korea and there are various interpretation on the internet. This is the next study want even deepening.

The Unconstitutionality of Banning Operation of Multiple Medical Institutions by Health Care Providers - Focusing on Article 87 Section 1 Clause 2 and Article 33 Section 8 - (의료인의 의료기관 다중운영 금지 조항의 위헌성 - 의료법 제87조 제1항 제2호, 제33조 제8항을 중심으로 -)

  • Kim, Sun Wook;Jeong, Hye Seung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.295-326
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    • 2015
  • Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

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The Vitalization of Older Adult Education and Rawl's Justice Theory (노년교육 활성화를 위한 정의론적 탐색: J. Rawls의 정의론을 중심으로)

  • Na, Hang Jin
    • 한국노년학
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    • v.30 no.4
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    • pp.1045-1058
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    • 2010
  • Based on Rawl's Justice Theory, the author examines the rationales for educating older adults and advocates for their needs for just distributions of educational resources and opportunities. The author also seeks policy implications for establishing just educational systems for older citizens. On the basis of Rawl's Justice Theory, the essential principles for realizing social justice are presented. The author points out the Veil of Ignorance and Rational Indifference. As the practical methods for achieving social justice, the author presents Exclusion of Coincidence, Difference Principle, Democratic Equality, and Common Asset. Implications for establishing just education systems for older adults include: 1) The least advantaged groups such as older adults, females, and the disabled should not be discriminated in the distribution of educational resources; 2) People with higher capacities are obliged to serve less capable people; and 3) Older adults should mobilize all resources to empower themselves and to develop their potentials. The author concludes that Rawl's Justice Theory can be tapped into as a useful ideological framework in order to expand educational resources and opportunities for older adults.

Analysis of Greenhouse Gas Emissions Allocation Schemes for OECD Countries (우리나라를 포함한 OECD 국가의 온실가스감축 의무부담에 대한 연구)

  • Cho, Yong-Sung;Kang, Yoon-Young
    • Journal of Environmental Policy
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    • v.5 no.1
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    • pp.1-23
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    • 2006
  • This study explores what potential future greenhouse gas allocation schemes might mean for OECD countries, and discusses a number of concepts of equity, examines three specific burden sharing rules and formulae. The results indicate that Korea reduces its emission from 8.1% and 19.8% which is 34.9-85.8 million tons of $CO_2$ emission on the assumption that the overall level of abatement remains 20% of total 2000 OECD emissions.

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Changes in Child Care Compensation Criteria by the German Constitutional Court (독일 연방헌법재판소에 의한 자녀 양육비 보상 기준의 변화)

  • Lee, Shinyong
    • 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.

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • 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.