• Title/Summary/Keyword: fundamental rights

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Film and the Politics of Post-memory in Chile's No and Korea's The Attorney (칠레의 와 한국의 <변호인>, 영화와 포스트메모리의 정치)

  • Park, Jungwon
    • Cross-Cultural Studies
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    • v.44
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    • pp.29-58
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    • 2016
  • 'Post-memory' is the act of remembering traumatic events in history by subsequent generations who have not had direct experiences or relations with them. For this reason, the narratives of 'post-memory' are considered as re-interpretations of the past deeply influenced by current perspectives and concerns. The Chilean film NO goes back to the Referendum of 1988 in order to examine the "NO campaign" which was opposed to another eight years of continuation of the Pinochet regime. Although this campaign contributed significantly to the Chilean democratization, the filmmaker does not just celebrate it: rather he attempts to cast a critical reflection on its strategies that eventually turned democracy into a "commodity" by deploying commercial language and marketing tools for characterizing and describing it. On the other hand, the Korean movie The Attorney sheds light on the story of an attorney who, during the military regime in the 1980's, became a human rights lawyer when he tried to advocate for university students accused of violating national security law. This film reconstitutes the meaning of democracy built upon the logic of "common-sense" that privileges freedom and fundamental human rights over Statism. Despite the different historical contexts between Chile and South Korea, these two movies retell the history of a dictatorship that ended a couple of decades ago. In doing so, they raise questions about history, memory and democracy in order to deepen the understanding of current social and political circumstances while placing an emphasis on the roles and responsibilities of intellectuals during the transition to democracy and democratic consolidation.

Limitations and Challenges of Game Regulatory Law and Policy in Korea (현행 게임규제정책의 한계와 과제 : 합리적인 규제를 위한 고려사항)

  • Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.149-164
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    • 2014
  • The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

양심의 자유와 대체복무제도에 관한 연구

  • Song, Ha-Yeong
    • Journal of the Korea society of information convergence
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    • v.7 no.1
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    • pp.1-16
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    • 2014
  • In this study, in light of the reality that the need for systematic development of military service resource management and alternative service discipline / switching service discipline has been discussed for illegal liquidation of military service obligations (Tekketsu) in connection with the military service system, and pluralistic it is assumed judgment if centralized military manpower administration (MMA) the recruitment structure that is, military service resource management that to effectively manage. Military service resources decision to systematic management of resources military service, military service of centralized resource management that MMA is the center, the efficiency of the plan. It is determined that it can improve the precision, thereby increasing and the resource-specific Service Discipline instruction, fairness to ensure consistency in the resource management of Alternate Service Discipline / Switching Service Discipline among, high quality and accessibility of such people petition I thought there may be a service provider is realized, that centralization of MMA is also realized, trying to allo improved fairness associated with the performance of military service obligation. Therefore, in this study, we are exploring a scheme that is able to achieve the unification of the human resource management of military service entity to perform the duty of national defense.

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A Brief Sketch of Architectural Works Copyright with the United States Cases: Analysis based on Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case

  • Moon, Hwakyung
    • Architectural research
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    • v.9 no.1
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    • pp.1-8
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    • 2007
  • These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

A Survey on Working Present Status of Physical Therapiests in Korea (한국 물리치료사들의 근무 현황조사)

  • Rha Ki-Yong;Oh Young-Taek;Moon Hyang-Mi;Bae Sung-Soo;Jeon Jae-kyun
    • The Journal of Korean Physical Therapy
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    • v.10 no.1
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    • pp.229-239
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    • 1998
  • The purpose of this article is to identify real problems and to have a view of the future in Korean physical therapy of it through the survey. Moreover we make a statement for the justification acquiring the rights of practing Physical therapiests with this fundamental data. The survey was conduced on 368 employed physical therapiests males 164. tamale 190 in korea from April t to 30 in 1998 with self-administered questionnaire. The following results were obtained : 1. Of the 323 cases, $121(37.46\%)$ work in local clinics, $55(17.02\%)$ in hospitals, $103(31.89\%)$ in general hospital and $21(9.60\%)$ in rehabilitation centers or public welfare facilities. 2. In investigation of annual salary, the most common annual salary was more than 20million won in male$(22.61\%)$ and $12\~14$million won in female$(35.36\%)$ 3. The age group of $27\~29$ years accounted for $32.32\%$ in male and $24\~20$ years accounted for $46.77\%$ in female of the total physical therapiests are the highest. 4. In job satisfaction, $44.5\%$ of physical therapiests who work in general hospital are generally satisfied and $25\%$ are 5. The periods of clinical practice for which physical therapiests expect to devote are 164$(44,81\%)$ consider less than 10years, and $67(18.31\%)$ expect 20years. 6. The problems of physical therapy system in korea are deviated administration of a cantral executive committee$(39.94\%)$ and excessive production of resistered physical therapiests.

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Constitutional Principle on Economic Regulation and Progressive Prospect: Focused on Restriction of the Participation of Large-scale Software Business Operators in the Public Informatization Market with respect to the revised Software Industry Promotion Act (경제규제의 헌법적 원리와 발전적 재조명 - 소프트웨어진흥법상 대기업참여제한제도의 헌법적 소고 -)

  • Lee, Hak Soo
    • Informatization Policy
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    • v.19 no.3
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    • pp.3-18
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    • 2012
  • Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.

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Freedom of Broadcasting and on the Structure Restricting of Broadcasting in the Constitution (헌법상의 방송의 자유와 방송규제의 법리)

  • Cha, Su-Bong
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.164-172
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    • 2008
  • For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

Analysis of Patent Technology Trend of Domestic Brassiere (국내 브래지어 특허기술동향 분석)

  • Jeong, Eunyeong;Kwak, Seongyeong;Park, Soonjee
    • Journal of the Korean Society of Clothing and Textiles
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    • v.44 no.2
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    • pp.321-341
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    • 2020
  • This study analyzed the domestic patent trends of brassiere to provide fundamental data for promising technology. Relevant patents were searched by inputting the key words of "brassiere" and IPC code "A41C" on patent information search service of KIPRIS. A search for bras patents from 1985 to 2019 revealed 533 registered applications out of the total 744 listed. The IPC code with the highest portion (40%) was A41C3/00 (brassiere), followed by A41C3/14 (forming inserts, 21.6%), and A41C3/12 (component parts, 13.3%). To arrange the guidelines of the content of brassiere patents, we carried out a qualitative technology analysis on 744 patents, to extract 850 technology cases applied in patents. From the technological features of each case, main categories were classified into two parts (function and structure) and function was divided into 7 sub-categories that included physiological comfort, physical comfort, utility, healthcare, appearance, and economic value. As for the structure, cup showed the highest portion (37.9%), followed by pad (16.5%), and wings (13.2%). From the aspect of function, appearance showed the highest portion (30.8%), followed by usability (22.2%), physiological comfort (14.6%), physical comfort (14.6%), economic value (10.7%), and health care (7.4%).

Analysis on the Actual Environmental Conditions of Domestic and Oversea Police Detention Facilities (국내외 경찰서 유치시설의 환경 실태 분석)

  • Cho, Hyeonmi
    • Korean Institute of Interior Design Journal
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    • v.22 no.1
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    • pp.339-349
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    • 2013
  • The primary purpose of this research was to set up the standard guidelines for the planning of interior architectural environments of the detention facilities at the Korean Police Stations. By visit-studying the actual interior environmental conditions of 5 different kinds' domestic Correcting Facilities and 5 domestic police detention facilities and 2 foreign police detention facilities, comparing them to the existing Korean correctional institutions' cell facilities, that the strengths and weaknesses had been analyzed to extract the main concepts and the planning scheme for the Standard Korean Police Detention Facilities. By reserching the National human Right Commitee's Anual Reports, three different indexes were picked out for those analysis : the Environmental control index, the Detention Service support index, the Environmental support index. These three indexes will be used as Key factors for the planning of interior architectural environments of the detention facilities at the Korean Police Stations.: (1)the Environmental control index to establish the Space Program, the Spatial Hierarchy and the horizontal & vertical Security Blocks, (2)the Detention Service support index for the central Environmental Control & Security System, the Secured Privacy for both detainees & police offices, (3)the Environmental support index for the gender-respected segregation of cell zones, the psychological & physical safety design factors, the construction standards of all rooms in a detention facility. The result of this study should be used as the guidelines for "The Standard Plans and Regulations for the Korean Police Detention Facilities" to respect fundamental human rights.

The Study on Takaful in Islamic Countries (이슬람국가의 타카풀보험(Takaful) 연구)

  • Kim, Jongwon
    • Journal of the Society of Disaster Information
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    • v.11 no.1
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    • pp.121-133
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    • 2015
  • A classical commercial insurance, which is used widely as the risk management methods for risk transferring and risk financing, includes the factors of interests, gambling and uncertainty, In 1985 Islamic Fiqc Academy declared that the classical commercial insurance violates the Islamic fundamental principles and beliefs, alteratively recommending a mutual insurance and takaful. A basic principle of takaful is the mutual aid in the Islamic community. On the basis of mutual aid, takaful participants (insurance policyholder) establishes the takaful fund, which is cooperation fund by participant contribution. Takaful fund is separated from shareholders' fund, and the profit and loss of takaful fund are responsible for takaful policyholder. Ownership and operation right of takaful belong to the takaful participants. In takaful, takaful company takes a role of agent or management operator. Comparing to the classical insurance, takaful has the rights of profit dividend, voting of executives, access to accounting books etc. which are additional favors for business company or individuals as takaful participants. Business companies and individuals should consider to use takaful to transfer risk and to enjoy takaful's additional advantages.