• Journal of the Korea Society of Computer and Information
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• v.24 no.8
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• pp.143-150
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• 2019

LGBT movements have been actively taking place since the late 20th century, 24 countries around the world have fully embraced same-sex marriage as a form of marriage, and implemented it into law. Therefore in this paper, arguments and discussion on prohibition of discrimination due to homosexuality are examined and reviewed under the Constitution of Korea, by looking at the discussion on homosexuality (sexual orientation), which is currently in progress in Korea. However, First, national consensus is deemed absolutely necessary to add a new prohibition ground. Second, specifying the grounds for prohibiting discrimination should take into account historical background and demands of the "oughtness." Third, it should be noted that the grounds for prohibiting discrimination specified in the Constitution are not subject to moral judgment. Fourth, in the case where homosexuality and/or sexual orientation are specified as grounds for prohibiting discrimination, the problems that may occur must be considered. the "National Human Rights Commission Act of Korea" Article 2, Subparagraph 1 defines the concept of "human right(s)," and also in Subparagraph 3, "sexual orientation" is enumerated as an example of "discriminatory act." Therefore, "National Human Rights Commission Act of Korea" Article 2, Paragraph 3 must be deleted.

• Journal of Labour Economics
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• v.34 no.3
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• pp.81-117
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• 2011

This study examined how firms responded to the articles regarding the prohibition or correction of discrimination against fixed-term workers in the 'fixed-term worker protection law', which has been effective since July of 2007 in Korea. Data used cone from the Korean Workplace Survey, and a difference-in-differences method was employed for the identification of the causal effect, noting that the 'discrimination prohibition law' has been applied to firms over stages based on their sizes. The empirical results show no strong evidence that the law played a positive role in reducing differentials between permanent workers and fixed-term workers in the areas of wage and various employee benefits, including the provision of severance pay, annual leave, and 4 major social insurances for fixed-term workers. A more thorough future analysis on the causes of the insignificant impact of the law in some employee welfare benefits, along with supplemental policies, is needed to have the law achieve the desired goal of removing discrimination at the workplace.

• Journal of Digital Convergence
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• v.19 no.12
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• pp.469-475
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• 2021

The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

• Korean Journal of Social Welfare Studies
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• v.48 no.1
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• pp.5-21
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• 2017

The purpose of this study was to examine the effects of the employment policy for persons with disabilities on their employment rates. The subjects were 10 OECD counties of which policies are based on quotas or the prohibition of discrimination. The time-series data for the analysis were collected for 12 years from 2000 to 2011. A Panel-Corrected Standard Error(PCSE) analysis was conducted for the time-series cross-sectional data of this study. As a result, unemployment rates, proportions of persons with disabilities, and public expenditures on disability and sickness benefits(in % GDP) were statistically significant among control variables, while the coverages of discrimination prohibition and the types of delivery systems of vocational rehabilitation for persons with disabilities among the employment policy variables. The wider the coverages of discrimination prohibition are, the higher the employment rates of the disabled are. In addition, the employment rates of the disabled are higher in countries with specialized delivery systems for vocational rehabilitation than in countries with general delivery systems for vocational rehabilitation.

• Archives of design research
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• v.2 no.1
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• pp.43-62
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• 1989

The luxury is the expression of human being's ornament instinct. In this study, in order to grasp the moulding system of the Korean's personal ornaments, the process of luxury prohibition was reviewed to search for to which direction the ornaments developed in the frame of the prohibited style connected closely to the character of the personal ornaments. The proiod was fixed from the old society to the late Chosun dynasty era. The beginning of the luxury in Korea seems to be the start of the luxury burial at the time of funeral in the age of Koguryo., In the era of Koguryo, 10th year of King Dongmyung (B. C. 28), in the era of Baekje, 27th year of King Koi(260), the prohibition of dress regulation and the style of dress were conducted. The prohibition of personal ornaments in Silla was started from King Bup:Heung, and in the 9th year of King Heung-Duk, the prohibition was conducted in order to correct the luxury of the nobles and set up the social discipline. In the 11 th of King Il-Sung-Ni-Sa-Kum, the use of gold, silver and jade was prohibited in the civilian circles. The prohibition of Silla was succeeded to Koryo era, and in the 7th year of King Kwangjong(956), the system of Baekgwan Gongbok(uniform for government officials) was set up, and the system of Sasek Gongbok(four color official uniform) was set up in the 11 th year of the same King, and the prohibition of the personal ornaments such as crown and band is considred to have been conducted. The prohibition of gold and silver was conducted in the first year of King Sungjong(982), and in the 4th year of King Chungryul(l260), the order of wearing the dress and hat in accordance with the Yusan dynasty and the Mongolian customs were widely circulated in the royal court and vivilian circles. The strong influence of Mongolia made the taste of the traditional personal ornaments laste. The personal ornaments were used for the nobles until the age of the Unified Sillar but even the common people could use them in case they were rich, and such a circumstances made the use of foreign goods inflated. The prohibition of Koryo era was aimed at the prohibition of the foreign goods of luxury, and the classification of the social status.In the age of Chosun Dynasty, the production of gold and silver was feeble indeed but the oute reason of the prohibition was to eradicate the luxurious tendency, elevate the custom of eradicate the luxurious tendency, elevate the custom of thrift, and moreover, the gold, silver and jade were no the products of Korea and the prohibition was conducted but the true reason was afor the tribute tt China and the classification of status. The prohibition of Chosun dynasty was conducted first in the June of the 3rd year of King Taejo The major contents of prohibition was no use of gold, silver and jade, coral, agate, amber, etc. of th, wives of the Dang-Sang-Kwan (Court Nobleman) or their sons and daughters, and the same pheno menon was common even at the time of marriage. The people engaged in the secret trade there of wert beheaded. The personal ornaments in the prohibition were the pendent trinket, Binyo (crossbar) ceremonial ornamental hat, ring, earring, ornamental knife, hat string, hat ornament, belt, etc. Thl luxurious marriage expenses out of the luxury was severe, and lose of the marriageable age because 0 non-preparing the marriage goods was the national evil. The prohibition oC luxury was hard to bt kept to the nobles or rich people, the same as old days and present days. The prohibition of th{ luxury and personal ornaments of Korea had nothing to do with the commons, and it was limited tc the nobles and rich people. The prohibition was aimed to cultivating the custom of frugality by eradicating the luxurious atmosphere, but it was chiefly due to the tribute to the China and tht discrimination of the. status. We can say that the recent personal ornament was the flower of handi craft industry bloomed in the prohibition and regulation.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.237-264
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• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

• Journal of Internet Computing and Services
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• v.13 no.1
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• pp.27-36
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• 2012

This study aims to find out the effectiveness of regulation of promotional gifts and exemption of charges by analyzing the judgement criterion of illegality and the corrective action taken by regulatory agencies and suggests effective way of regulation. The results show that recently the differences of price-cut is getting bigger. In addition, Fair Trade Commission has considered discounts as unfair predatory price only if price is below the cost. But in the telecommunication business law enacted by Korea Communications Commission, 'expected profits per subscriber' has been applied as a key criterion. KCC's criterion is based not on the expected profit of individual service provider but on the averaged profit of services providers. It doesn't consider differences of service quality and the cost structure between dominant firm and late comers. Prohibition act of user discrimination result in the increase of subscriber and operating profits of late comers but this is not direct purpose of regulation. It can be desirable in the aspect of fair competition but since it may reduce consumer welfare, the criterion needs to be reconsidered.

• Journal of the Korea Convergence Society
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• v.13 no.5
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• pp.195-200
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• 2022

It was in the 1990s that the human rights of persons with disabilities began to be discussed in our society. Based on the Declaration on the Rights of Persons with Disabilities adopted by the UN General Assembly in 1975, the Charter on the Rights of Persons with Disabilities was adopted on December 8, 1988. The human rights of persons with disabilities explains the important meaning of not being discriminated against just because they are persons with disabilities, the basics of human rights that all human beings have. The human rights of persons with disabilities are universal values, a basic right, and a declaration to protect the socially disadvantaged. Human rights are an important ideology that deals with the dignity and worth of human beings. In our society, people with disabilities should not be discriminated against for any reason. Persons with disabilities should be the center in matters related to the Anti-Discrimination Act and Human Rights. In addition, it can be said that it is necessary to develop and operate a system suitable for the local government for the disabled in the local community.

• Journal of Families and Better Life
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• v.19 no.2
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• pp.67-82
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• 2001

This paper serves to analyze discourses on concubine at the beginning of the modernization era or during the enlightenment period of Korea. For this analysis, the estimated time frame of the enlightenment period will be from 1860 through the time when Korea was annexed into Japan, which was in 1910. The discourses appeared in newspapers and Shinsoseol which are the text of this study have been analyzed with the qualitative research technique. The major conclusions that are derived from the study are as follows: First, intellectuals during enlightenment period of Korea, criticizing concubinage, tired to establish the monogamous relationship and they argued that it should be the prior condition for Korea to enter into the civilized society. Second, the concubinage was criticized in the point of the newly established view. The criticism was on double sex ethics, applying different ethical standards to men and women and the prohibition of wifes jealousy of concubine. Third, intellectuals during enlightenment period of Korea were tried to do away with concubinage by enforcing the discrimination between wife and concubine. But the efforts resulted in making concubinage personal problems. Also consciousness based confucian ethics including female virtues was forced to be followed in ordinary affairs while concubinage was criticized in the point of the view of western ethics based consciousness. The huge differences between two ethics consciousness resulted in serious conflicts in family.

• Korea Trade Review
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• v.47 no.5
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• pp.201-221
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• 2022

This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.