• 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.

• Informatization Policy
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• v.19 no.1
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• pp.74-90
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• 2012

This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• Journal of Digital Convergence
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• v.14 no.6
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• pp.51-60
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• 2016

The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

• Journal of Korean Society of Archives and Records Management
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• v.17 no.1
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• pp.193-216
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• 2017

The purpose of this study is to understand issues related to the Personal Information Act recently emerging in the field of oral history, and to prepare countermeasures for oral history academics and archives. The Personal Information Act is intended to protect the confidentiality and freedom of the constitutional privacy, and to assure the right to self-determination of information, thereby realizing the dignity and value of the individual. Oral history is intended for living persons; therefore, strict ethical standards are needed to protect the morality of the person behind the sound recordings and appears as the subject of oral history. However, if the uniform application of the Personal Information Act is made, it is a requirement to make the process of consenting and notifying excessively complex and almost impossible to realize, making collection and service of oral history resource improbable. The mechanical and strict application of the Personal Information Act does not come into being because it has the aspect of undermining the inherent intrinsic value of oral history resources and making it difficult to maintain the authenticity of the records. To solve these problems, it is necessary to revise Article 58 (4) of the Personal Information Act of Korea. In addition, it is necessary to establish a guideline for the establishment of independent ethical standards of oral history itself, especially for the protection of the moral rights of third parties.

• The Korean Journal of Archival Studies
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• no.79
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• pp.271-303
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• 2024

In our country, which has a strong presidential system, the power and responsibilities of the president are truly enormous. He is the head of state and diplomatic representative, and at the same time exercises authority over all areas of the country, including the legislature, judiciary, and constitutional institutions, along with his responsibilities as head of the executive branch. Considering these aspects, it can be said that presidential records created during the president's rule have a high level of national and historical significance and value compared to other public records. Considering these importance of presidential records, the Presidential Records Management Act was enacted in 2007 to establish an institutional mechanism to systematically manage presidential records. However, the current institutional basis for appraisal of presidential records is very weak. In this regard, there is a need to begin discussions on the appraisal of presidential records in earnest. Considering the national importance and symbolism of presidential records, it is necessary to establish a new direction for appraisal of presidential records that is different from general public records. Accordingly, in this paper, as part of reestablishing Korea's presidential records appraisal system, this article analyzed the status and problems of the current presidential records appraisal system and presented directions needed to find future improvement measures. To this end, as a premise for discussing the importance and value of presidential records, it examined the powers and responsibilities of the presidency as defined in our country's Constitution.Next, we looked at the appraisal system and method for presidential records that are currently in operation, and then analyzed the problems that emerged here in connection with the characteristics of presidential records. Based on this, it presented five perspectives on issues that need to be discussed publicly in the records management community in order to reestablish Korea's presidential records appraisal system in the future.

• Journal of Christian Education in Korea
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• v.74
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• pp.227-253
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• 2023

Purpose of the Study: This paper focuses on a significant historical event, namely the Bremen teachers' movement of 1905, which aimed to abolish religious classes in public schools. By examining an incident in the German history of religious education that remains unfamiliar to the Korean Christian Association, I aim to explore the interconnected diachronic and synchronic influences involved in this particular event. Contents and Method: The religious controversy sparked by the Bremen Teacher's movement of 1905 marked the first official call for reform towards neutral religious education in schools. Several factors contributed to this debate, including the rise of civil society in the 19th century, advancements in science and scholarship, the emergence of social democracy, and the conflict between the Lutheran and Reformed Churches. This paper delves into the historical context of the controversy and analyzes its impact on the develop of religious education in Germany. As reflected in the Bremen Document, the official outcome of the Bremen Teacher's Movement, educators argued for the separation of religion and education, emphasizing that religion is a deeply personal matter. The document called for the adoption of value-neutral moral education in public schools, achieved through objective Bible-History classes. This paper explores the impact of the Bremen School Dispute of 1905 on the development of religious education in Germany. Specifically, the provisions of the Bremen State Constitution of 1948 and the German Basic Law of 1949 were influenced by the controversy, with Article 141 of the Basic Law - known as the 'Bremen Clause' - providing a legal basis for the exclusion of churches from religion-classes at Schools in Bremen. The Bible-History Classes advocated in the Bremen Documents served as the basis for the present-day Bremen religious education curriculum well known for neutral objective religion-classes. Conlusion: This study analyzes the background, content, and influence of the Bremen School Controversy, which remains relatively unknown in Korea. The findings of this study can contribute to the ongoing discussion of Christian school education in Korea, with an emphasis on maintaining a Christian identity while promoting religious publicity in the classroom.

• Korean Journal of Legislative Studies
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• v.24 no.1
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• pp.241-276
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• 2018

This article measures equal weighted voting to evaluate the fairness of a redistricting system operated in the $4^{th}$ to the $6^{th}$ metropolitan council elections using a new index. The cosine square index using in the article would be useful on what we see the ratio of the equality of population among metropolitan regions and the fairness of the whole electoral system, along with its simple calculation. The results of the fairness of the $4^{th}$ to the $6^{th}$ metropolitan council elections calculated by the cosine square index are as follow: Because the $4^{th}$ metropolitan council election uniformly elects two members for each electoral district regardless of the size of the population, it has a low equality of population between districts. But as a result of the decision of the Constitutional Court in 2007, standard of population variation in electoral district has been strengthened to 4 : 1 from the $5^{th}$ metropolitan council election. It increases significantly equality of population between districts from the $5^{th}$ metropolitan council election. But in the elections from the $4^{th}$ to the $6^{th}$ metropolitan council elections, Rural electoral districts continuously show the lowest equality of population between districts. It also shows the growing disparity between urban and rural areas as well as between capital and non-capital. This paper emphasizes that electoral apportionment in local council elections should reflect regional diversity and community identity.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Journal of Christian Education in Korea
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• v.67
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• pp.157-194
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• 2021

The issue of AI's ethical consciousness has been constantly on the rise. AI learns and imitates everything behavior human beings do, just like a child. Therefore, the ethical consciousness we currently demand from AI is first the ethical consciousness required of humans, and at the center of it is the dignity of humans. Thus, this study analyzed human identity and its problems according to the development of AI technology, apologized the theological premises and characteristics of human dignity, and sought the direction of human dignity education as follows. First, this study discussed the development of AI and its relation to human beings. The development of AI's technology has led to the sharing of "reason or intelligence" with machines called AI which have been restricted to the exclusive property of mankind. This raised the question of the superior humanity which humans would be remained to be distinguished from AI machines. Second, this study discussed transhumanism and human identity. Transhumanism has been argued for the combination of AI machines and humans in order to improve inefficient human intelligence and human capabilities. However, the combination of AI machines with humans raised the issue of human identity. In the AI era, human identity is to believe thoughts that God had when he built us. Third, this study apologized theological premise and characteristic about human dignity. Human dignity has become a key concept of the constitution and international human rights treaties around the world. Nonetheless, declarative conviction that human is dignified is difficult to be understanded without Christian theological premise. Theological premise of human dignity lies on the fact that human is dignified feature being granted life by Heavenly Father. This feature lies on longing for "Goodness" and "eternality", pursuit of beauty, a happy being in relationship with others. Fourth, this study presented the direction of human dignity education. The direction of human dignity education has to awaken what is identity of human and how human beings were created and how much they are precious. Furthermore, it lead human to ponder consciously and accept the highest value of what human beings are, how they were created, and how precious they are. That is about educating human identity, and its core is that regardless of the circumstances - the wealth gap, knowledge level, skin color, gender, age, disability, etc. - all people are in God's image and for the glory of God, thereby being very important to God.