• Journal of Legislation Research
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• no.41
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• pp.43-85
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• 2011

Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

• Human Ecology Research
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• v.58 no.3
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• pp.417-428
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• 2020

This study investigates the effect of in-law relationship on the marital adjustment of married couples by considering family-oriented Korean culture. Previous in-law studies did not consider the influence of another party who did not attend the survey due to sampling limitations. However, the marital adjustment of married couple and the satisfaction of the relationship with parents-in-law are two-way relationships that affect each other and are not one-sided relationships. By considering the non-independence of the couple's data, Actor-Partner Interdependence Model (APIM) was utilized to examine the structural relationship between marital adjustment (marital satisfaction and marital stability) and in-law relationship quality (relationship satisfaction between mother-in-law and daughter-in-law for wives, relationship satisfaction between mother-in-law and son-in-law for husbands) of 203 married couples. Results indicated that a high satisfaction of wives' in-law relationship increased personal marital adjustment as well as husbands' marital adjustment. The husbands' positive relationship with in-laws also increased personal marital adjustment and their wives' marital adjustment. The results of this study can be used as basic data for program development and counseling for healthy in-law relationship as well as educational data for couples intending to marry.

• Korean Parent-Child Health Journal
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• v.7 no.2
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• pp.182-200
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• 2004

Purpose: This study is to explore the essence of those lives who have been living with their mothers- in- law for more than 10years since their marriage by applying Van Manen's hermeneutic phenomenological methodology. It consists of four steps such as concentration on the nature of lived experience, existential research, hermeneutic phenomenological reflection and hermeneutic phenomenological writing. Method: Six middle aged participants who have been living with mothers- in- law in middle size of cities were interviewed and observed with their written consent for one month from 20, April. 2000 to 20 May 2000. To expand insight by analyzing sayings, folks stories, writings, etymology of sigipsalee relevant to it were collected and reviewed. Result: Five essential themes were derived by repeated reviewing the transcription of those interview such as difficulty living with endless heart distress, feeling oppressed, feeling deeply lonely, having a stronger backing as time passes, in turn harmonizing with each other. On the basis of the five essential theme hermeneutic phenomenological writing was done as follow. Participants lived lives filled with uneasy feeling from the newly formed relationship among in laws but especially with mothers- in- law. Participants did their best to be acknowledged found that at a significant moment during family event they would be treated as strangers so that they felt isolated and alone. Mothers in laws played a dominant role in most of family decision even buying their children's clothes. Mother in laws rarely complemented them so that they felt inferior as a person. As time passes. Mothers-in-law and daughters-in-law become adjusted to this lifestyle with each other and assumed a more mature relationship which includes a mutual respect thus better harmony. Participants become to have stronger backing so that they express their opinion to mothers-inlaw. With time both of them are getting old, participants show form of pity to their mothers-in- law. Sometimes participant surprise themselves by noticing a change in their behavior to the same pattern Mothers-in-law have showed them. Conclusion: Although generalizations have limitations, findings resulting from the study will enrich family nursing knowledge and understanding the problems when living with mothers-in- law in the same house. It will give a cleared view of problems faced by middle aged korean women in the Korean patriarchal culture. Researchers have recommended to study experiences of married young adult korean women's generation and the findings compared with this study to show trends and changes.

• Child Health Nursing Research
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• v.10 no.3
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• pp.361-366
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• 2004

Purpose: This descriptive study was conducted to illuminate, from the nursing point of view, the infant care act, which was revised recently and to suggest a desirable direction of its enforcement decree and regulations. Method: This study was carried out through literature review and a collection of child care experts' opinions. Result: The most remarkable changes in infant care act and the suggestions for a desirable direction of its enforcement decree and regulations are as follows: It can be said that the law on 'health', 'nutrition' and 'safety' for a child care center was improved to the level of act from the level of enforcement regulation. In the enforcement regulation on the distribution of nurses in child care centers, it is desirable that nurse's aids are excluded. It is recommended that every child care center should have a nurse or a health care manager and/or an emergency caretaker. In the curriculum for child care, the subjects on child health care should be an essential subject, not elective. Conclusion: Child care act should be reformed under the discipline of first priority to child health. Every nurse and nursing professor should have interest and earnestness in child care and conduct related studies.

• Child Health Nursing Research
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• v.22 no.2
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• pp.145-152
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• 2016

Purpose: This study was designed to explore nursing students' knowledge, attitudes and intention to report cases of child abuse. Methods: A descriptive research design was used with a convenience sample of 202 nursing students. After explaining the purpose of the study, participants who signed the consent form were asked to complete a self-descriptive questionnaire, which included the Child Abuse Intension Scale (CARIS). Results: The number of correct answers for knowledge of child abuse and the law was 7.0 /13. The mean scores were, for attitude toward childrearing belief and discipline, $17.1{\pm}5.2$, for punishment and culpability of offender or victim, $24.6{\pm}4.1$, for professional responsibility, $30.5{\pm}5.1$, and for perceived behavioral control, $25.3{\pm}5.0$. The intended reporting behavior differed significantly by severity of abuse. Factors influencing the intention to report child abuse were attitude towards punishment of parents, professional responsibility, and perceived behavioral control ($R^2$=.133). Conclusion: On the basis of our finding, developing education programs to help nursing students detect child abuse and improve reporting rates is important. Thus, we suggests that nursing students be provided with educational protocol for detection and reporting of child abuse.

• Journal of Families and Better Life
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• v.20 no.3
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• pp.101-111
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• 2002

The purpose of this study was to obtain data on the child care support and job satisfaction of married women employed outside home. The data for this study were collected from a survey of 350 married women employed outside home who were residing in North Cholla Province. Major fimding are summarized in the following. First, many married women were pressured by the burdens child rearing(54.5%) and houshold chores(39.6%). Second, the daycare arrangements for children under age seven were diverse. Just under half of the children were cared for by the employed mother'parents(25.1%), or by the mother's parents-in law(21.1%). The rest were sent to daycare center(40.6%), cared for by a hired helper(7.6%), or sent to an industrial on- site daycare center(1.0%). Third, about half of the married employed mothers(47.5%) wished for an on-site daycare service at their workplace. Fourth, the variables that affected employed mothers job satisfaction were age, job, husband's job type, the income of the mother, the reason of the mother's employment, the degree of husband's houshold labor participation, and the type of social and employer's support for chid care.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• Journal of Families and Better Life
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• v.30 no.3
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• pp.1-11
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• 2012

The purpose of this study is to analyze the effects of attitudes toward reasons for which abortion is permitted on needs for abortion prevention policies among 232 unmarried female students at the middle schools, high schools, and universities located in Seoul. The respondents were requested to complete the self-administered questionnaire, and the principal component analysis, t-tests, Pearson's correlations, and hierarchical multiple regression analyses were performed for analyzing data. The major findings of this study were as follows: First, the principal component analysis identified three reasons for which abortion is permitted. These are reasons under the maternal & child health law, socioeconomic reasons, and normatively unqualified reasons. Second, the female students showed permissive attitudes toward reasons for abortion under the maternal & child health law, disapproval attitudes toward socioeconomic reasons for abortion, and neutral attitudes toward abortion by normatively unqualified reasons. Students also showed high levels of needs for abortion prevention policies. Finally, hierarchical regression analyses revealed that female students' attitudes toward reasons for which abortion is permitted significantly predicted levels of needs for abortion prevention policies, after controlling their sciodemographic characteristics. The implications of the study results are discussed.

• The Journal of the Korea Contents Association
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• v.19 no.9
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• pp.629-636
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• 2019

In order to infer whether the Special Act on the Punishment of Child Abuse Crimes, etc. actually brought about a change in the social perception shared about child abuse in our society, we used big data to examine the change in the perception of child abuse by the public. This study selected 'child abuse' as the keyword and collected and analyzed. The results of this study are as follows. First, before the implementation of the Special Act in 2013, the words "china" are kindergarten, teacher, body, problem, reporting obligation and neglect compared to the following. After the implementation of the special law, daycare centers, incidents, eradication, campaigns, domestic violence and preventive education were newly introduced. Second, the interconnection of key words in the previous picture of 2013 shows that the left group focuses on measures to introduce to prevent child abuse while the right group consists of keyword intended to view child abuse in conjunction with domestic violence. They are still seen as a group of divorces, discipline, neglect and parental education, which they still perceive as a family problem. Since the implementation of the Special Act in 2013, it will be divided into four groups, and the top group will be highlighted by the keyword related to child abuse cases, part of suspected cases and awareness of child abuse. In addition, the Act on the Special Cases of Child Abuse and the Child Protection Agency clearly appear as a child protection system.

• Korean Journal of Human Ecology
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• v.12 no.5
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• pp.579-593
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• 2003

The purpose of this study was to investigate the social support, understanding of the children's problem in the female-headed single parents, and their child rearing methods. To obtain this purpose, in-depth interview was conducted to 8 female-headed single parents from March 3 to April 5, 2003. The contents of interviews were recorded and analyzed by qualitative method. The results were as follows: First, female-headed single parents were stuck for the social support and the relationships with parents-in-law were ruptured, especially. Secondly, female-headed single parents had well known about their children's daily life. Third, in the early stage of female-headed single parents, they had expressed the stresses in their hardship of life to their children, but it decreased whenever they were accustomed to their life.