• Journal of Radiation Protection and Research
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• v.41 no.1
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• pp.15-29
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• 2016

Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• Journal of Yeungnam Medical Science
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• v.16 no.1
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• pp.10-14
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• 1999

The World Association for Sexology (WAS) will adopt a Declaration of Sexual Rights as basic and fundamental human rights August this year in Hong Kong. Two years ago WAS has been developing a Declaration of Sexual Rights in order to further promote sexual health and protect the sexual rights of everyone. Undoubtedly sexuality is one of the most intriguing subjects in the area of human behavior and psychology, and has been so since antiquity. The influence of sexual factors of human on all aspects of the society has been immense. The varieties of marriage, from traditional to the open marriage model are presented in front of our sight. The influences of women's movement in Korea, which has produced sexual, psychological, economic, political, familial and social changes look so small and the changes are not that much in America. But the profound effects of the women's movement affect on Korean society being realized as man's view of woman and woman's view of herself undergo constant change and reevaluation. With increased sexual awareness on the part of the public owing to mass media, for example AH-U-SEONG aired in TV and with increased emphasis on sexual matters in daily life, more and more physicians are being asked to deal with and manage sex-related problems in their daily practice. Yet, despite the obvious need for informed sexual counseling, doctors are often uncomfortable about sexual matters and many physicians have no special expertise in this area. So physicians concerned in sexology especially such as gynecologists, urologists, psychiatrists and endocrinologists must realize well about sex-related knowledge which is needed for counseling the patient as medical consumer and gap between reality and ideality in sexual diagnosis and treatment. Establishment of management system for the people who have sexual problems is strongly needed to promote sexual health and protect the sexual rights of everyone and for the Sexual Rights as basic and fundamental human rights.

• Korean Journal of Childcare and Education
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• v.12 no.2
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• pp.1-17
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• 2016

The purpose of this study was to investigate the difference in elementary school children's human rights sensitivity and the perception of human rights depending on child variables, family variables, school variables, and predictive influences among these variables. The participants were 1,364 elementary school children in the 'Current Status of Korean Children's and Youth's Rights(2013)'. The results of this study were as follows: First, the variables influencing children's human rights sensitivity were school life experience, grade, the degree to which adolescents think they are respected in deciding family issues, gender, experiences of teacher's swear words, experiences of being neglected, and experiences of being bullied at school. Second, the variables influencing children's perception of human rights were gender, experiences of parents' swear words, school life experience, the degree to which adolescents think they are respected in deciding family issues, and father's educational achievements. The results of this study offered fundamental data about the important issues in researching children's rights and the policy implications for enhancing them.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.12 no.2
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• pp.31-47
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• 2001

From the viewpoint of Information Ethics. I tried to examine the moral justification of Intellectual Property Rights in the age of the digital information society. Lockian traditional argument of property rights which is based on the value of labor and Hegelian theory of personalization, both are not enough to justify the new Intellectual Property Rights. The notions of Intellectual Property Rights are to be changed. One change is from the absolute dominion over material property to the limited dominion over intellectual property. The change from property rights to process control rights is the other. To protect these intellectual property rights, there are three possible protection devices that we might take - legal protection, technical protection and moral protection. I argued that both legal and technical protection have some limitations, so the final way to protect the IP rights is to attempt to establish the moral protection as a fundamental solution.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.5
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• pp.560-571
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• 2019

In line with the United Nations' Action Plan for the First and Second World Programme for Human Rights, countries around the world are making efforts to strengthen and develop human rights education through voluntary participation and improvement of the legal system. South Korea is also trying to spread human rights education under the leadership of the National Human Rights Commission of the Republic of Korea, but there has been no significant progress so far. Moreover, it has failed to pay close attention to the human rights issues of seafarers on board. This study identified the phenomenological problems based on an analysis of domestic and international literature, and of cases of violation of seafarers' human rights. It utilized the interactivity research method to create an educational environment for improving the human rights situation of seafarers on board mixed-nationality crew vessels. In doing so, the research suggests the introduction of human rights education for seafarers and the implementation of a human rights education program in designated educational institutions as fundamental solutions to the human rights issues of seafarers, as these have been pointed out as the main cause of conflicts in mixed-nationality crew vessels.

• 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.

• Korean Journal of Social Welfare
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• v.58 no.4
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• pp.371-392
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• 2006

The studies and concerns of social rights and the security of social rights continue steadily, and extend there range and realms. But not only ideological and political threats on them but also critical views still are widespread. Therefore we need adequate researches on the characteristics of social rights and the meanings of the security of social rights, which are more fundamental. So this study was intended for more precise understanding on social rights and the meanings of the security of social rights through researches on the characteristics of social rights. The characteristics of social rights which this study researched are rights and duties, citizenship rights and social justice, and methodology and ideology. Through this research, I discussed justness of social rights and clarified the security of social rights not to be defined categorically but to be procedural concept. I argued that security of social rights is necessary to realize other citizenship rights such as civil rights, political rights, and I discussed this has to be considered dimension of social justice. And I discussed the necessity and the levels of distribution, which are accomplished not to dimension of simple social security and social welfare benefits but to dimension of human liberties, rights, and equalities.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.52-57
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• 2013

Information and Communication Technologies(ICTs) have substantially enlarged both the opportunities to realize one's human rights but have also resulted in the emergence of new challenges. ICTs are so deeply embedded and cental to almost all aspects of human activity. And ICTs are assuming an increasingly central role in all aspects of human and societal development across the world. But this is especially true of the right to privacy, which faces challenges such as profiling and data mining for public(including national security) and private purposes. ICTs access is a fundamental right for all humans in the information age. So we have need for regulation based on human rights in the digital age. And governments have a responsibility to protect individuals against violations of human rights and data protection by public authorities, but also by private entities. In addition, internet governance and multi-stakeholder principle have to be stressed on all of the internet issues because internet governance is included in the principle of democracy which have bottom-up communication and equality. So it is very importance that Internet Governance Forum is the space for a meaningful discussion on public policy issues relating to the internet.