• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.45-79
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• 2018

An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.59 no.2
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• pp.151-161
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• 2014

Sesame lignan, including sesamin and sesamolin has been reported to have various content according to accessions and environmental factors. The objective of this study were to analyze the lignan variation of 143 sesame accessions from core collection in Korea and to test the effects of growing years and locations on lignan and lipid content of Korea sesame elite lines. The results showed that the core sesame germplasm in Korea has broad variation of lignan content from 2.33 to 12.17 mg/g with an average 8.18 mg/g. Among tested sesame accessions, the IT184615 had the highest lignan content of as 12.17 mg/g. So this accession will be a good genetic resource for developing a high lignan sesame variety. The sesamin and sesamolin content for sesame accessions across origin had significant difference. The average lignan content of accessions collected from Russia (10.0 mg/g) and Nepal (9.08 mg/g) were relatively higher than other countries. The sesamin and sesamolin content for sesame accessions across seed coat color had significant difference. The average lignan content of sesame with white, brown and black seed coat color was 8.61, 7.51, and 5.49 mg/g, respectively. The variation of lignan and lipid content was significantly different across elite lines, locations and growing years. Therefore, it is important to find sesame accessions having high lignan content with environmental stability.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• Journal of the Korean Geographical Society
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• v.28 no.3
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• pp.213-226
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• 1993

In Korea, the urban studies of geography have mainly dealt with such a series of research as system of urban place and internal structure of urban area. The existing studies have been carried out with ecological approach. Ecologists, now a days, regard organiation and transfor-mation of the urban space as the process of invasion, succession, and segregation. However it is more proper that cities should be considered not as fragmantary objects, as some ecologists insist, but as synthetic ones in social structure. This research, with adopting a case of the renewasl of central area in Seoul, tried to make it clear that the formation and transition of the city is a product of social structure and examined polical and economic logic which exists in variation of urban space in detail. The results of this study are as follows; Urban renewal of central area is closely related with production and reproduction in capitalist society. In urban center, as business activities had increased since 1973 due to decen-tralization of production process, the necessity of reorganizing the land use in existing central area accordingly increased. The urban renewal program of central area in Seoul was inrroduced under such situation. The urban renewal of central area reflecting the capital logic has changed the central area with six hundred year's tradition. From the urban renewal of central area, not only was the central area, which traditionally had been mixed with various fun-ctions, simplified into the unitary area of busi-ness, but also physical landscape changed. As the land lot in renewal area expanded into regular shape, buildings became larger and taller. The program tremendously raised the price of related area. Aiming at these profits caused by the raised price, a great number of capitalists participated in the program. And as the benefit ratio of the manufacture sector continuously dropped with the economic recession, the pro-gram was carried out much more vigorously. That was because the idle capital accumulated during the recession was invested in property sector and was self-proliferated. The urban renewal raised the land value of central area and drove out the people living in this area. The people moved into the whole parts of the city resulting diffused squatter settlements. And the urban changes in central area were results of the policy of municipal authorities, who supported and systematized the changes lawfully and administratively, as well as reali-zation of capital logic. Due to the renewal policies of central area in Seoul, much more renewals by the only capitalists were carried out than those by the people themselves living in that area. The integration of land ownership in the law of urban renewal shows the reason of that. Moreover, the law allows the third deve-loper to participate in the tasks and admits the land expropriation rights. The municipal autho-rities guaranteed the profitability of the tasks through finacial aid, tax benifit, and relaxation of regulations for construction. As examined above, the changes in the land use of urban space have been led not by the ecological process of development of the city itself, but by the restructuring of capitalism and the intervention of the government authorities.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.30 no.2
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• pp.101-109
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• 2012

Traditional village forests in Jeju Island represent unique cultural landscape with a history of more than several hundred years as a national cultural asset in Korea. In this paper, the characteristics and meaning of traditional village forests in Jeju Island was compared with the Dangsan and Bibo forests at inland. There are 368 Oreums, parasitic volcano, and 391 shrines of Dang(Divine place) in Jeju. Life, culture and tradition of rural villages are all connected with the Dang and Oreum in Jeju. It has been found from this study that the village in Jeju were established as a cultural landscape on the surface of natural landscape. The features of traditional villages focused on the Dang and Oreum in Jeju Island were similar to the Dangsan and Bibo forestsat inland villages. The Oreum represents mountain and the Pojedan forest is newly found in Sangmyung-ri. The seashore areas are covered by vaocanic rocks in Jeju and large scale windbreaks are hardly found. The stone tower at Sinheung-ri built for blocking sand movement represents Bibo forest. The special attribute of the Dang in Jeju is that it is close to real life and believers are still remain. In 2009, the Jeju Chilmeoridang Yeongdeunggut ritual was nominated as an Intangible Cultural Heritage of Humanity by UNESCO. The shrine of Dang, however, has been degraded fast by construction of seashore road and Jeju Olle trail path. As for the world cultural heritage discussed at international conferences, it is important that there is sustainability on the right to enjoy cultural heritage. Integrated efforts from local residents, local governments and national government are needed to set up a management scheme for the Dang culture. Rural villages in Jeju with the Dang and Oreum are expected to get an international attention as to have traditional cultural landscapes of Korea.

• Korean Journal of Breeding Science
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• v.40 no.4
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• pp.474-478
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• 2008

A new covered barley variety, "Geungangbori" was developed from the cross between Milyang 55 which have lodging tolerance and easy brittleness and Suweon 260 with good quality by barley breeding team in the Yeongnam Agricultural Research Institute (YARI) in 2002. A promising line, YMB3855-3B-14-1-1-1, was selected in 1999. It was designated as the name of Milyang 110. It was prominent and had good result from regional adaptation yield trials (RAT) for three years from 2000 to 2002 and released as the name of "Geungangbori". Geungangbori is resistant to barley yellow mosaic virus and moderately resistant to powdery mildow. The average maturing date was same with Olbori on paddy field in regional adaptation yield trials for 2000-2002. Its culm length is 17 cm shorter than that of Olbori and the spike length is 4.4cm, it's longer than olbori. The 1,000 grain weight of Geungangbori was 34 g, same as Olbori, but the number of spikes per $m^2$ and test weight ware lower than those of Olbori. The yield potential of Geungangbori was 4.22 MT/ha on paddy in regional adaptation yield trials for 2000-2002. which was 7% higher than that of Olbori. The cooking quality of Geungangbori were similar to Olbori such as water absorption rate and expansion rate. But the crude protein content is lower than Olbori. This variety is suitable for double cropping system with rice in the southern part of the Korean Peninsula.

• Journal of Korean Philosophical Society
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• v.145
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• pp.351-380
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• 2018

In every society, citizens must decide how to punish criminals, uphold the virtue of justice, and preserve the security of the community. In doing so, the members of society must ask themselves how they will punish those who carry out the most abhorrent of crimes. Many common responses to such a question is that death is an acceptable punishment for the most severe crimes. But to draw some theoretical distinction between a crime that deserves incarceration and a crime that is so heinous that it deserves capital punishment is subject to three errors. First, what possible line could be drawn? To decide on a particular number of deaths or to employ any standard would be arbitrary. Second, the use of a line would trivialize and undermine the deaths of those whose murderers fell below the standard. Third, any and all executions still are unjust, as the State should not degrade the institution of justice and dehumanize an individual who, although he or she has no respect for other human life, is still a living person. Simply put, all murders are heinous, all are completely unacceptable, and deserve the greatest punishment of the land; however, death as punishment is inappropriate. Also, while this article arrives at the conclusion that the death penalty is an inappropriate form of punishment, I have not offered an acceptable alternative that would appease those who believe capital offenders deserve a punishment that differs in its quality and severity. This is a burden that, admittedly, I am unable to meet. I finally conclude that the death penalty is unjustified retribution. This is the only claim that can effectively shift the intellectual paradigms of the participants in the debate. The continued use of the death penalty in society can only be determined and influenced by the collective conscience of the members of that society. As stated at the outset of this article, it is this essentially moral conflict regarding what is just and degrading that forms the backdrop for the past changes in and the present operation of our system of imposing death as a punishment for crime.

• The Journal of Korean Philosophical History
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• no.54
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• pp.153-184
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• 2017

During the Pre-Qin(秦) Dynasty era, there were the records that there had been many calendar systems, such as $g{\check{u}}-li{\grave{u}}-l{\grave{i}}$(古六曆 : six ancient calendar systems). Then, the fact that particularly $zh{\bar{o}}u-l{\grave{i}}$(周曆) and $xi{\grave{a}}-l{\grave{i}}$(夏曆) were mainly discussed among them resulted from a lot of discussions from the differences in the calendar system in "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)" known to have been written by Confucius from the calendar system in "$X{\acute{i}}ng-xi{\grave{a}}-zh{\bar{i}}-sh{\acute{i}}$(行夏之時 : implement the calendar of Ha dynasty.)" that Confucius mentioned himself to his disciple. $zh{\bar{o}}u-l{\grave{i}}$(周曆) with $d{\bar{o}}ngzh{\grave{i}}-yu{\grave{e}}$(冬至月 : the 11th month of the lunar calendar) as the first month of a year had the system of the lunar calendar, and $xi{\grave{a}}-l{\grave{i}}$(夏曆) called as the calendar of Ha(夏) dynasty had the system of $ji{\acute{e}}-q{\grave{i}}-l{\grave{i}}$(節氣曆 : a kind of the solar calendar that divides one year of 365 days into 24 solar terms) with $y{\acute{i}}n-yu{\grave{e}}$(寅月 :one month from the present Feb 5) as the first month of a year. These two calendars had definite differences in the first months of a year, names of seasons, and the lunar calendar and the solar calendar. The fundamental reason why Confucius recommended the performance of $xi{\grave{a}}-l{\grave{i}}$(夏曆) as a way to run the nation was not that it started from the philosophical view of the universe that among the 'three $zh{\bar{e}}ng$'(三正)' of $ti{\bar{a}}n-zh{\bar{e}}ng$(天正 : the first month of a year with the heaven as the standard), $d{\grave{i}}-zh{\bar{e}}ng$(地正 : the first month of a year with the earth as the standard) and $r{\acute{e}}n-zh{\bar{e}}ng$(人正 : the first month of a year with humans as the standard), but that he wanted to emphasize the importance of practical national economic policies to enhance agricultural productivity. It becomes the criterion that even though Confucius emphasized that politicians should not have moral flaws ideally, with regard to public policies, he wanted to stress politicians' duties based on the reality a lot.

• Proceedings of The Korean Society of Health Promotion Conference
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• 2004.10a
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• pp.17-58
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• 2004

뉴저지주 보건교육/건강 증진정책을 논하기전에 건강증진과 보건 교육사의 뜻을 먼저 기술하기로 한다. 건강증진이란 일상 사회생활과 행동과학의 응용에서 시작하며 교육의 효율적 작전 및 기술, 질병 역학 조사, 개인 및 가족단위 건강 위해 행위 절감, 사회연관 구축망 조성, 그리고 적게는 이웃, 더 나아가 조직체계 및 지역 사회의 네트웍 실시등을 실시한다. 보건교육 및 건강증진 전문가란 ' 전국 보건교육 인증 위원회(NCHEC) ' 에서 채택된 다음 7개 활동 영역에서 개인적, 그룹, 각주단위, 그리고 범 국가적 조직에서 종사하는자로 한다. 개인 및 지역사회 보건 교육 필요성 분석- 계회, 실행, 효율성 평가, 사업 진행 조정, 자문, 컴뮤니케이션 등의 활동범위를 들 수 있다. 공인 보건 교육사(CHES)란 대학 및 대학원에서 보건 교육학 소정의 필수 과목을 이수하고 학.석사 소지자로서 ' 전국 보건 교육 인증 위원회 ' 에서 그 자격을 인정 받고 공인 자격 시험에 합격한자로 한다. 합격자는 자기 성명뒤에 CHES란 칭호를 부치며 매 5년마다 75단위이상 인정된 전문 직업 보수 교육을 받아야 한다. 보건 교육사 고용 분야는 연방, 주, 지방 정부의 보건 교육사(10-15%) 및 건강 증진 전문가로 종사하며; 이들은 지역 사회 조직화, 프로그람 기획, 공공사업 마켓팅, 메디아, 컴뮤니케이션 자질을 갓추어야 하며; 상해 예방, 학교 보건, 지역 사회 영양 실태 향상, 그 외 모든 건강 증진과 질병 예방에 일익을 담당 하여; 의사, 간호사, 약사, 영양사,환경 위생사드의 전문분야종사자들괴 한팀이 되어 지역 사회 보건 사업에 기여한다. 쥬저지 보건 교육사들은 주법령 8조 '||'&'||' 보건행정 표준 시행령 ' 에 따라 포괄적 보건교육/건강증진 프로그램을 개발하여 총체적으로 조절 관장한다. 특희 ' 미국 학술원 의료 연구원 ' 에서 제정한 ' 10대 필수 공중 보건 사업 ' 에 기준을 두고; 1) 개인 및 지역사회 필수 보건 여건 분석 평가, 2) 보건 교육 이론에 따른 사업 계획 설정, 3) 교육 전략과 보건문제 발굴에 따라 일반 대중 대상 보건 교육 실행 (프로그람 기획, 연수 교육, 미디어 캠페인, 공중보건 향상책 옹호), 4) 사업 진행 과정 정리, 그 결과에 대한 영향력과 결과 평가, 5) 프로그램진행, 인사 및 예산관리 참여, 6) 근무향상을 위한 보수교육 프로그램 개발, 7) 보건 의료 업무 종사자 상호 협조성 향상 훈련, 8) 지역 사회자원 밭굴, 9) 적절한 고객 의뢰 체제 시행, 10) 위기 관리 컴뮤니케이션 체제 개발실시, 11) 일반 대중에게 공중 보건 향상 고취, 12) 각종 협력 지원금 신청서 작성 제출, 13) 문화/인종적으로 적절한 시청각 교재 발굴, 15) 질적 및 양적 보건교육/건겅증진책 연구 실시, 16) 비 보험 가담자, 저 보험자, 빈곤자, 이민자 색출 선도, 17) 관활 구역내 상재하는 각 건강증진 프로그램 밝혀 내서 불필요한 중복 회피등이다. 그 외에도 보건 교육사들은 사회 복지 단체인 미국 암 협회, 미국 심장 협회,미국 폐장 협회 등 각종 사회 복지 비영리단체 와 자선 사업 단체들과 긴밀희 협조하거나 그 단체 임직원으로서 건강 증진 사업에 종사한다. 병원 및 의료기관에선 임직원 보수 교육, 환자의 질병 예방및 건강증진 교육, 그리고 의료 사업장내 건장 증진업무에 종사한다. 건강 유지 의료 기관(HMO)에선 예방주사, 정기검진 촉진등을 통한 입원일수 절감, 응급실 사용도 절감등으로 의료비 감축, 삶의질 향상상에 종사한다. 사업장 보건 교육사는 스트레스 관리, 금연 및 흡연 중단선도, 체중 절감, 종업원 건강증진 생활화참여 유치, 컴뮤니케이션 개발, 마켓팅, 질병 예방등에 그 전문 직업적 노하우를 사업체 건강 증진 프로그램 개발에 접목한다. 뉴저지 2010년대 건강 증진책은 5대 목표 설정하여 현재 시행하고 있다. 특이한점은 2001년 9.11사태 이후 연방정부와 주정부의 상당한 예산 지원을 그랜트 지원금 형식으로 받아 연방, 주정부, 지방 정부, 의료 기관등에서 일사 불란하게 생물/화학/방사성 테러에 대비하는데 보건 교육사들은 시민 인지도 향상과 위기관리 컴뮤니케이션 영역에서 활약한다. 총체적인 보건 교육/건강 증진책은 다음 천년간 뉴저지 건강증진 백서와 미연방 정부 건강증진 2010에 준하여 설립한 뉴저지 건강 증진 2010 에 의한다. 그 모델을 보면; 1) 생활 습관 향상으로 위해 행위 절제; 적절한 영양 섭취 와 과체중화 차단 불필요한 투약 절제와 그 관리 흡연 탐익 절감, 금연, 흡연관련 신체/정신적 피해 관리/치료 습관성 약물 중독 조기발견 예방 낙상 예방 폭력, 의도적/비의도적 상해 예방 2) 심장질환, 암, 뇌졸중, 당뇨, 폐염, 인프루엔자등 주사망원인 질병 조기 발견 예방 책 마련; 독감.폐렴 예방 주사 실시 3) 보건 교육 대상과 표적 설정 특히 보건사업 참여 동반자 발굴하여 그 동참과 책임분담 책려; 주. 지방 정부기관, 의료 종사자, 의료 보험 업자, 대학 등 교육 기관, 연구 기관, 교육자, 지방 보건소, 지역 사회 비 영리단체, 종교 단체 및 교역자 등의 참여 촉구., 지역 사회 비 영리단체, 종교 단체 및 교역자 등의 참여 촉구.

• Korean Journal of Social Welfare
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• v.58 no.1
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• pp.395-423
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• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.