• 한국사회정책
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• v.25 no.2
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• pp.3-29
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• 2018

By examining care from a normative perspective projected in the Constitution of South Korea, this paper attempts to assess care from the standpoint of justice and establish the status of care as a concrete political value. The point that this paper focuses on in the Constitution is about the "human worth and dignity" and "right to pursue happiness" clauses of the Article 10 at the beginning of Chapter II which defines the rights and duties of citizens. The clauses of "human worth and dignity" and the "right to pursue happiness" are generally interpreted as the highest values of the constitutional order. While exploring the human dignity and the pursuit of happiness clauses in light of care, this paper intends to address the value of care as human dignity, which is the highest ideology and constitutional principle of the Constitution and, at the same time, the limitation of explaining the freedom to care with a liberal concept of freedom implied in the pursuit of happiness. Ultimately, this paper argues for the justification of putting 'care' in the Constitution. In the end, this paper aims to emphasize the significance of care as a guiding principle for the maintenance of our lives and society, a primary principle of social regulation and public governance, and a direction for a just state which can identify and rectify care injustices.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• 대학교육
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• s.186
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• pp.6-7
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• 2014

• Journal of the Korean Society for Library and Information Science
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• v.52 no.4
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• pp.111-135
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• 2018

A vision and a medium-to-long-term master plan are key factors for the Constitutional Court Library to improve users' access to legal information and provide better legal information services as the leading public law library in Korea in 2019. For this point, it is a priority task to set a vision and goals and to identify the core values of Constitutional Court Library. In this study, the four core values of the Constitutional Court Library identified through the analysis of the library's internal and external environment, the analysis of the core values of similar institutions. The four core values derived from the study are Expertise, Communication & Universality, Cooperation, and Innovation, and when these values are reflected in library operation, system and policy, the Constitutional Court Library is expected to further solidify its position as the nation's top law library.

• Informatization Policy
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• v.19 no.3
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• pp.3-18
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• 2012

Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.317-326
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• 2010

The respect for human dignity and worth is to purpose both the ideological premise and the guarantee of all the fundamental rights at the same time. Both freedom and rights which are necessary for obtaining those purposes should be guaranteed. "A human has dignity and worth as a human being" is that a nation exists for an individual between an individual and a nation. It declares democratic ideology. It becomes a ultimate standard to solve a problem of the interpretation of an article of a law and the effect of a law. The right to pursue one's happiness is necessary to persue one's happiness. The rights comprehensively covers even the freedom and the right without in an article of a law. It shows a positive rights like a social fundamental rights in a minimum level of a law. According to the precedent of the Constitutional Court, as the right to pursue one's happiness is in area of a common action, the free manifestation of the authoritative individuality, and self-determination in category, this study is to emphasize the importance of the right to pursue one's happiness throughout its meaning and the precedent of history legislation.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.69-105
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• 2020

In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.

• Journal of Digital Convergence
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• v.12 no.3
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• pp.79-87
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• 2014

Universalism and selectivism about welfare polices are a point at issue that is being discussed consistently. This issue is mainly discussed as the object of political selection because the selection of welfare polices are thought of discretionary powers. But welfare policies are issue of the constitutional value order. Therefore studies are need in this viewpoint. Accordingly this paper studied the aim of welfare policies to be based of social state ideology. Therefore this paper found the adequacy of selective universalism. Furthermore, This paper shows a distinguishing standard to select the welfare policies in selective universalism.

• The Journal of the Convergence on Culture Technology
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• v.5 no.1
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• pp.119-125
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• 2019

Traditionally, the definition of a republic in the constitutional sciences has remained passive, identifying whether or not a king exists. However, this is not an accurate understanding. Reinterpreting the meaning of the Republic at this point is expected to play a role in easing the side effects of neo-liberalism. It is more important than anything to establish a concrete picture of what a republic is in reinterpretating its meaning. Therefore, the main content of this paper is to clarify it by presenting requirements for the Republic.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.