• The Journal of Korean Philosophical History
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• no.57
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• pp.91-125
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• 2018

This study aims at attempting to make a new interpretation of Mencius from the point of social welfare. The thoughts of social welfare, found from Mencius, are temporal and humanistic and near to those in nowadays. Social welfare began under the name of philanthropic work, relief work, charitable work or social work from the Industrial Revolution in the 18th century on. Welfare means the whole social activities such as satisfying the fundamental desires of the social members, ensuring the conditions of their lives, and ultimately achieving social integration and stability. It means the conditions of their lives and wellbeing. Wellbeing means the minimal physical desires and psychological stability. The realization of the economic system through concept of steady livelihood and steady mind, tax system and well-field system, proposed by Mencius, can be ensured by the whole social activities such as ensuring the stable lives of the social members, enriching and satisfying their happiness and ultimately achieving social integration and stability. The thoughts of Mencius include people-as-root idea, which regards people as most important and tries to solve the instability and inequality that are the structural vulnerabilities in modern capitalist society. His concept of Way of the king means promoting people's sense of happiness through education of morality, based upon the people-as-root idea and filial and fraternal responsibilities. The main ideas of social welfare include living like a human being, ensuring minimal physical and psychological stabilities through social welfare system and welfare policy, enriching human dignity and freedom and enhancing the quality of lives. The thoughts of Mencius include all the above ideas. In particular, he desired to establish ethically and morally stable society by economically implementing the well-field system in Zhou dynasty, based upon politically benevolent governance of the politicians. That society was the people-as-root society, the realization of which was the ideal society Mencius desired to establish, and the goal of his thoughts on social welfare. This study, among the thoughts of Mencius, investigated his ideas on social welfare and the practical ethics for applying them to real society. In addition, to understand his ideas on social welfare, not only the social and economic backgrounds and conditions but also the political ideas at that time were also investigated. This will provide the opportunity to make more in-depth research of the elements of social welfare intrinsically contained in his thoughts.

• Journal of Legislation Research
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• no.44
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• pp.757-799
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• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• Korean Security Journal
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• no.57
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• pp.177-203
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• 2018

Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

• Journal of The Korean Association For Science Education
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• v.41 no.6
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• pp.471-481
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• 2021

The importance of science education for cultivating the competencies required by an intelligent information society is gradually being strengthened. The government's roles and responsibilities for science education are stipulated by laws and policies in Korea. In order to systematically support science education, continuous monitoring of related policies is essential. This study aims to develop indicators that can be used to systematically and continuously monitor the national policies on science education in Korea. To achieve this goal, we first derive the framework for the indicators that has two dimensions (learner and science education context) and three categories (input, process, and outcome) from literature reviews. In order to derive the components and subcomponents of the indicators, the contents of science education-related indicators developed in Korea or abroad were reviewed. In order to verify the suitability and validity of the framework and components of the initial indicators, a two-round Delphi method was conducted with 25 expert participants with five different professions in science education. Finally, three components of the 'input' category (student characteristics, teacher characteristics, and educational infrastructure), three components of the 'process' category (science curriculum implementation, science educational contents and programs implementation, and teacher professional development program implementation), and five components of the 'outcome' category (science competency, participation and action, affective achievement, cognitive achievement, and satisfaction) were derived. An instrument to collect data from students, teachers, and institutions was developed based on the components and subcomponents, and content validity and internal consistency of the instrument were analyzed. Korea's Science Education Indicators developed in this study can comprehensively measure the current status of science education and is expected to contribute to a more efficient and effective science education policy planning and implementation.

• Journal of Family Resource Management and Policy Review
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• v.25 no.3
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• pp.103-120
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• 2021

Recently, the importance of the fathers role in the care of young children has been emphasized in Korea for the balance of childcare responsibilities between mothers and fathers. This study investigates the trends in paternal childcare in Korea over the last 15 years. Childcare is divided into primary and developmental care and fathers's Childcare time and participation rates are inverstigated for dual- and single-income households. Data are collected from the four waves of the five-yearly Statistics of Korea Life Time Surveys between 2004(t₁) and 2019(t₄) including the workday time diaries of fathers with preschool children(n₁=2,264, n₂=1,242, n₃=959, n₄=952). Three major results are identified. First, paternal childcare time and participation rates have increased with dual-income fathers spending 24 more minutes a day with their young child(ren) in 2019 than in 2004, which is nearly double. Second, in the analysis of fathers' childcare time use and participation rates comparing primary and developmental care, primary care is found to have increased more than developmental care, especially among dual income fathers: this further exhibits a reversed relation between primary and developmental care over time. Third, the determinants of paternal childcare time are fathers' age, market labor time, commuting time, gender equality consciousness, and education. In particular, market labor time was significant in all four waves, while gender equality consciousness is only significant for single-income fathers. Based on these results, a specific agenda is provided for family-friendly policies to improve the balance of childcare roles between fathers and mothers, especially encouraging increased(significant and sufficient) participation of fathers in primary care activities.

• 한국사회정책
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• v.25 no.2
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• pp.367-402
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• 2018

This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

• Food Engineering Progress
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• v.14 no.4
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• pp.307-315
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• 2010

The safety and security of food supply should be one of the primary responsibilities of any government. Estimation of nation's food commodity intakes is important to control the potential risks in food systems since food hazards are often associated with quality and safety of food commodities. The food intake databases provided by Korea National Health and Nutrition Examination Survey (KNHANES) are good resources to estimate the demographic data of intakes of various food commodities. A limitation of the KNHANES databases, however, is that the food intakes surveyed are not based on commodities but ingredients and their mixtures. In this study, reasonable calculation strategies were applied to convert the food intakes of the ingredients mixtures from the KNHANES into food commodity intakes. For example, Perilla leaf consumed with meat, raw fish, and etc. in Korean diets was used to estimate its Korean intakes and develop algorithms for demographic analysis. Koreans have consumed raw, blanched, steamed, and canned perilla leaf products. The average daily intakes of the perilla leaf were analyzed demographically, for examples, the intakes by gender, age, and etc. The average daily intakes of total perilla leaf were 2.03${\pm}$0.27 g in 1998, 2.11${\pm}$0.26 g in 2001, 2.29${\pm}$0.27 g in 2005, 2.75${\pm}$0.35 g in 2007, and 2.27${\pm}$0.20 g in 2008. Generally, people equal to or over 20 years of age have shown higher perilla leaf intakes than people below 20. This study would be contributed to the estimation of intakes of possible chemical contaminants such as residual pesticides and subsequent analysis for their potential risk.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.315-343
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• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.