• Title/Summary/Keyword: 권리분석

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An Analytical Study on the 1st Enacted 'Child Edu-care Act(1991)' - From the Perspective of Children's Rights (아동권리관점에서 본 영유아보육법 제정법령 분석 및 평가)

  • Kang, Hyoun-Gu;Yi, SoonHyung
    • Korean Journal of Child Studies
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    • v.36 no.1
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    • pp.125-146
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    • 2015
  • The "Child Care and Education Policy(CCEP)" is important because it is responsible for providing 'care and education service' to young children in their 'most sensitive period' of human development. In reality, however, children's rights can only be sanctioned by adults and their rights are recognized at the level of abstraction. This study analyzes the 'Child Edu-care Act(CEA)' first enacted in 1991 from the 'perspective of children's rights', especially in terms of the rights of infants and preschoolers. In order to assess the CEA's "children's rights guarantee level", this study developed a number of standards based on the "UN Convention on the Rights of the Child(CRC)" and other documents. The results revealed that "children's rights guarantee level" was assessed against 4 categories ('Right to Survival and Development', 'Right to Welfare', 'Right to Education', and 'Right to Proper Care'), and the CEA(1991) was found to have a high guarantee level although it was enacted before Korea's ratification of the CRC. The results of this study can serve as a useful reference point for detailing children's rights and suggesting regulation standards for the CCEP.

A Story of Practice of Mutual Respect Rights between a Mother and two Sons (어머니와 두 아들의 상호존중 권리실천 이야기)

  • Suh, Young Sook;Kim, Ji Eun;Song, Eun Kyung
    • Korean Journal of Childcare and Education
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    • v.9 no.6
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    • pp.439-460
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    • 2013
  • The purpose of this study was to examine a mother's and her two son's 'practice of mutual respect rights' experiences, and to find a solution to inspire the practice of realizing rights of mutual respect within a family. From September 2012 to March 2013, qualitative research methods such as transcripts, observations, in-depth interviews, and analysis of records were applied to a mother and her two sons. As a result, the mother's experiences showed that she and her two sons had enough mutual respect, and the regression of the first child was a natural and positive part in that process. Also, conflicts between protection rights and participation rights were integrated into a practice of mutual respect, and the mother had an opportunity to think about positive discipline. With this practice, the mother and her two sons were able to reconcile their relationships and have deep respect for one another, and family members felt psychologically safe through this practice of rights. In addition, the practice of rights was transferred to other family members, and the mother came to have courage about being an adequate parent. The results of this study revealed that the following research could be used to propose concrete contents and to plan how to recognize and access the practice of rights among family members.

The Assurance and Restriction on Human Rights of the Mentally Ill (정신장애인의 인권보장과 제한에 관한 연구)

  • Seo, Mi-Kyung
    • Korean Journal of Social Welfare
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    • v.55
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    • pp.231-254
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    • 2003
  • The main premise of this study is that the assurance on human rights of the mentally ill is contradictory to 'the greatest happiness of the greatest number' or 'therapeutic benefits'. Accordingly this study aims to find out the conceptual framework of assurance and restriction on human rights of the mentally ill. Using qualitative method, this study conducted the in-depth interview with 10 general public, 9 professionals, 6 mentally ill regarding the several issues of human rights included long-term hospitalization, restriction on driver's licence, involuntary hospitalization, restriction on communication in psychiatric ward. Research results are as follows ; two sets of dimensions are inferred from the analysis of interview transcript. First dimension is the focus of justification, ranging from the emphasis on positive consequences influenced to 'the greatest numbers'(the utilitarian thought) to the emphasis on assurance of rights without any conditions(the deontological thought). Second dimension is the locus of decision, raging from the formal system included the professionals and the government agency to the informal system included the families and the mentally ill. And there are differences in attitudes toward assurance and restriction on rights of the mentally ill among general public, professionals, and the mentally ill. In detail, general public regarded that 'involuntary hospitalization' and 'restriction on driver's license' which are apt to be directly harmful to people must be justified by consequence-centered and decided by the formal system, while 'long-term hospitalization' which is less harmful to people could be justified by right-centered and decided by the formal-system. And they thought that 'restriction of communication' could be justified by right-centered and decided by the informal system. Based on the findings, this study would conclude that practical guidelines for the promotion of human rights of the mentally ill must be developed.

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A Study on the Provision of the Copyright Limitations for Libraries of the Korean Copyright Act (우리나라 저작권법의 도서관관련 권리제한 규정에 관한 연구)

  • Kim, Jong-Chul;Kim, Young-Seok
    • Journal of Korean Library and Information Science Society
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    • v.43 no.1
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    • pp.349-369
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    • 2012
  • This study aims to examine the problems of the Article 31 of the Korean Copyright Act and to suggest the improvement of the Article 31. The study analysed the establishment and revisions of the Act and the Article 31. The study suggests the followings for the improvement of the Article 31: firstly, to limit copyright limitations for libraries operated by profit organizations but to extend copyright limitations for libraries operated by non-profit organizations, secondly, to abolish the system of property rights compensation, thirdly, copyright organizations and library associations closely discuss to solve the problems on reproduction prevention measures, the amount of reproduction, the inter-library loan of library materials among libraries.

Influence of Empowerment and Job Satisfaction of Private Day Care Center Teachers on Infant's Right Respect Care (민간어린이집 교사의 임파워먼트와 직무만족도가 영유아 권리존중보육에 미치는 영향)

  • Cho, Sin Sook;Kim, Jung Hee
    • Korean Journal of Child Education & Care
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    • v.18 no.3
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    • pp.1-20
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    • 2018
  • Objective: The purpose of this study is to provide practical data to effectively implement day care that respects the rights of infants in day care centers by investigating the relationship between private day care center teachers' empowerment, job satisfaction, infant's right respect care, and examining the influence of empowerment and job satisfaction of private day care center teachers on Infant's right respect care. Methods: The 228 day care teachers who work in private daycare centers located in Seoul and Gyeonggi province were the investigated subjects. For the analysis of questionnaire, frequency, percentage, reliability, t-test, ANOVA, correlation, and regression were used as SPSSWIN 20.0 program. Results: First, the difference of empowerment according to the individual variables of teachers was different to career, monthly salary, marital status, and turnover intentions. The difference of job satisfaction according to personal variables showed difference to age, career, marital status, type of work organization, and number of teachers and classes. There was a difference in infant's right respect care to age and marital status. Second, in the relationship between empowerment and job satisfaction and between empowerment and infant's right respect care, there was a positive correlation. The relationship between job satisfaction and infant's right respect care showed there is a positive correlation between infant's right respect care and all other factors except for the pay and promotion factors of job satisfaction. Third, Expert extension, autonomy, fellow relationship and job self have a positive influence on infant's right respect care. Conclusion/Implications: This study suggests that specific efforts should be made at the daycare center to raise the level of expertise and autonomy of private daycare teachers and to give satisfaction to their fellow relationship and their job self factors to effectively implement infant's right respect care.

Legal meaning and limitations of 'right to use a dam' (댐사용권의 법적 의미 및 한계)

  • Lee, Young Kune;Lee, Gyoungmin
    • Proceedings of the Korea Water Resources Association Conference
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    • 2022.05a
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    • pp.77-77
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    • 2022
  • 댐건설관리법 제2조제3호에서 댐사용권을 '다목적댐에 의한 일정량의 저수를 일정한 지역에 확보하고 특정용도에 사용할 수 있는 권리'로 규정하고 있다. 즉 댐사용권을 설정할 수 있는 법적인 객체는 다목적댐에 한정된다고 할 수 있다. 이러한 댐건설관리법 상의 규정은 다목적댐만이 오롯이 댐사용권을 설정할 수 있는 특혜적 권리로 인정되고 있다. 댐용수와 하천수의 관계를 구분함에 있어서 댐건설관리법상 저류된 물은 댐건설로 추가로 확보된 하천수를 국가가 배타적인 물권적 권리인 댐사용권이라는 권리를 설정함으로서 하천수와 구별하고자 하는 주장이 하천행정 및 학계에 있어서 광범위한 지지를 얻고 있는 이유이다. 한편 하천수는 하천의 지표면에 흐르거나 하천 바닥에 스며들어 흐르는 물 또는 하천에 저장되어 있는 물을 의미(하천법 제2조제8호)하는데 댐용수와 하천수의 구분에 관해서도 이렇다 할 법적인 기준은 존재하지 않는다. 댐용수에 관한 법률 규정이 없기 때문이다. 그러나 대부분의 경우댐용수 역시 하천수의 일종으로 보는 것이 다수 의견인데 이러한 구분의 모호함 역시 댐사용권의 설정에 따른 구분의 모호함에서 비롯된 사항이라고 보인다. 본 연구에서는 다목적댐에 대해서만 설정할 수 있는 댐사용권이 가지는 의미에 대하여 새로운 법적 해석을 시도한다. 다목적댐 외에도 우리나라에서는 하천의 저수를 일정한 지역에 확보하고 있는 수많은 댐이 존재한다. 즉 댐건설관리법은 그 자체로 왜 다목적댐에 대해서만 댐사용권의 설정이라는 특혜적 권리를 부여하고 있는지에 대해 아무런 설명을 하고 있지 않다. 이 문제를 규명하기 위하여 댐건설관리법의 모체인 특별다목적댐법의 입법목적을 검토하고, 이의 모체가 된 일본의 특정다목적댐법과의 비교·분석을 수행한다. 이를 통해 댐사용권의 진정한 법적인 의미를 규명하고 댐관리 법제의 현실을 명확하게 파악하고자 한다.

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The Effects of Child Abuse Professional Responsibility, Perceived Behavior Control, and Child Rights Recognition Percevied by Nursing Students on the Intention to Report Child Abuse (간호대학생이 지각하는 아동학대 전문가적 책임, 지각된 행위 통제, 아동권리인식이 아동학대 신고 의도에 미치는 영향)

  • Hoseong Choi;Jaewoo Oh
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.3
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    • pp.329-339
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    • 2024
  • This study was conducted to identify nursing students' perceived professional responsibility for child abuse, perceived behavior control, children's rights awareness, and degree of intention to report child abuse, and to identify influencing factors on the intention to report child abuse. Data collection was collected through a questionnaire among 150 nursing students from University C and University D in Province C from April 28 to May 15, 2023. The collected data were analyzed using SPSS statistics 29.0 program. The factor influencing nursing students' perceived intention to report child abuse was the perception of children's rights. The explanatory power of intent to report child abuse was 13.6% overall. Nursing students' perceived intention to report child abuse was positively correlated with perceived behavioral control and perception of children's rights. Based on the results of this study, it is necessary to study educational programs and environments to increase awareness of children's rights in order to increase the willingness of nursing students to report child abuse.

The Impact of Employment Precariousness on Depression: Focusing on the Multidimensional Concept of Precarious Employment (고용 불안정성이 우울에 미치는 영향: 불안정 고용의 다차원적 개념을 중심으로)

  • Che, Xianhua;Moon, Daseul
    • The Journal of the Korea Contents Association
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    • v.22 no.4
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    • pp.677-688
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    • 2022
  • Precarious employment is negatively associated with mental health including depression. The aim of the study is to suggest the multidimensional definition of precarious employment and examine its impacts on depression. Using the fifth save of the Korean Working Condition Survey, we first measured six different dimensions of employment precariousness: temporariness, disempowerment, vulnerability, difficulty exercising rights, unpredictability of working times, and low wage. All of six precariousness indicators consisted of a scale from 0 to 100. Then, we conducted logistic regression to examine the association between employment precariousness and depression. For men, the risk of depression increased by 3.1%, 1%, and 0.5%, respectively, for each one point increase in vulnerability, difficulty in exercising rights, and unpredictability of working times. For women, the risk increased by 0.5%, 2.3%, and 0.8%, respectively, for each one point increase in temporariness, vulnerability, and difficulty in exercising rights. Our findings suggest that not only a secure employment contract, but also their substantive labor rights should be guaranteed for health for workers.

Exploring the Moderating Effect of Job Crafting in the Relationship between Child-care Teachers' Flourish and Care that Respects the Rights of Child (보육교사의 플로리시와 영유아권리존중보육 간 영향 관계에서 자기주도직무설계의 조절효과 탐색)

  • Lee, Jae-Moo;Cho, Kyung-Seu
    • The Journal of the Korea Contents Association
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    • v.22 no.5
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    • pp.542-552
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    • 2022
  • The importance of the child-care teacher's job has recently been greatly emphasized due to changes in the transitional social environment, but the performance conditions are poor, requiring management of various job factors. For the purpose of providing information for practical application and institutional support related to child-care teachers, this study selected Flourish, Care that Respects the Rights of Child, and Job Crafting to verify the functional impact relationship and effectiveness. Since there are no domestic studies on child-care teachers using these variables, hierarchical regression analysis was performed on 223 child-care teachers to obtain initial information. As a result of the analysis, only the average difference between groups was found in terms of Flourish according to age and Negative Job Demand Reduction according to working hours. And it was found that the Enhancement of Social Job Resources had a moderating effect. Therefore, it is necessary to prepare a new job management strategy based on the information provided by this study and to develop a highly effective reinforcement program for each factor.