• Title/Summary/Keyword: 권리 보장

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A Study on the Experiential Cognition of Child Care Teachers' Rights (보육교사의 권리에 대한 경험적 인식 연구)

  • Yi, Seoyoung;Yang, Sungeun
    • Korean Journal of Child Education & Care
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    • v.18 no.4
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    • pp.39-50
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    • 2018
  • Objective: Social attention is paid to the issues concerning child care teachers' work multisibility and ambiguous legal status. Child care teachers are employees based on the "Labor Standards Act" and the "Child Care Act". They also play the role of kindergarten teachers based on the "Childhood Education Act" because of the Nuri curriculum. Based on the main tasks of the child care teachers who protect and nurture infants and toddlers, the Nuri curriculum education for infants is conducted. However, the duties and rights of child care teachers are disproportionate because there are many areas where teachers' professional roles do not suit their legal rights. Methods: The purpose of this study is to investigate how teachers perceive their own rights through field experience using qualitative method based on interpretative epistemology. Participants were 61 child care teachers working in the metropolitan area and used protocol description and focus group interview (FGI) for data collection. The collected data were derived as a central theme according to the data analysis method proposed by Creswell (2013). Results: Participants in the study described the 'Right and autonomy of education as a professional occupation', 'Right to request for improvement on working conditions, guarantee of living and to request for welfare system' and 'Right to guarantee of a teacher's status and adjustment of grievance.' They pointed out poor working conditions and welfare benefits at daycare centers, and emphasized that education and autonomy are necessary conditions to be strengthened for quality child care activities. On the other hand, they did not realize that 'Right to guarantee of a teacher's status and adjustment of grievance' was their right. And they have endured the infringement of this right. Conclusion/Implications: This study reveals the gap between teachers' responsibilities and rights, indicating the urgency of institutional arrangements. It is discussed that the social expectation for strengthening personality and professionalism as an infant and child specialist is increased and a practical alternative for the improvement of the right of teachers working in the child care field is needed considering the change of values about work.

The Right To Be Forgotten and the Right To Delete News Articles A Critical Examination on the Proposed Revision of The Press Arbitration Act (기사 삭제 청구권 신설의 타당성 검토 잊힐 권리를 중심으로)

  • Mun, So Young;Kim, Minjeong
    • Korean journal of communication and information
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    • v.76
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    • pp.151-182
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    • 2016
  • The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

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A Comparison of Assessment of Child Friendly Cities by Parents and Child Service Providers in Selected Local Government (아동친화적인 지역사회에 대한 부모와 아동관계자의 인식 비교 - A기초자치단체를 중심으로-)

  • Kim, Jin-Sook
    • Journal of Digital Convergence
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    • v.15 no.11
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    • pp.49-60
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    • 2017
  • The purpose of this study was to examine the recognition of the Children's Rights Guarantees among parents and child service providers in a local community, and to explore ways to organize Child Friendly Cities. To this end, I analyzed survey data collected from a municipality based in Seoul, Korea, and discovered certain differences in recognitions of play and leisure, citizen and participation, safety and protection, health and social service, education, and housing. Among the six categories, the parents and child service providers recognized that education and housing were relatively well guaranteed whereas citizen and participation was less secure. Child service providers were more negative in the physical environment for building child-friendly community, while parents were more negative about the institutional / cultural environment, such as participation rights. Based on these findings, I suggested the following: First, the physical environment should refer to the standards of child welfare officers, and the institutional and cultural environment should refer to the parents' standards. Second, the participation of parents and child service providers as well as children should be expanded in the community decision-making process.

"Anti-Discrimination against and Remedies for Persons with Disabilities Act" and the Human Rights of Persons with Disabilities (장애인차별금지법과 장애인의 인권)

  • Lee, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.8 no.8
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    • pp.158-175
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    • 2008
  • In recent years it seems to be accepted as absolutely right by almost all the people in the world that person without disabilities and person with disabilities are equal and should be treated so regardless of their race, national origin, sex, religion, disability, etc. This article deals with (1) "Anti-Discrimination against and Remedies for Persons With Disabilities Act" and (2) Human Rights of Persons With Disabilities. The purpose of "Anti-Discrimination against and Remedies for Persons With Disabilities Act" is to realize the human dignity and worth of persons with disabilities by prohibiting disability-based discrimination in all areas of society, and effectively safeguarding the rights of individuals discriminated based on disability, thus enabling them to fully participate in society and to secure equal rights.

「Adoption of a special law」 and adoption of human rights issues (「입양특례법」과 입양의 인권 문제)

  • Lee, cheol-ho
    • Proceedings of the Korea Contents Association Conference
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    • 2013.05a
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    • pp.185-186
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    • 2013
  • 2012년 8월 입양아의 인권을 보호하자는 취지에서 "입양특례법"이 개정돼 시행되고 있다. 개정된 "입양특례법"의 주된 핵심은 입양 아동의 인권 보호를 강화하기 위해 아동의 입양 여부를 가정법원이 최종 허가하도록 했다. 또 입양을 원하는 생모에게 숙려 기간을 7일간 갖도록 하고, 입양 기관은 양부모에게 아동 양육 교육을 하고, 아동 학대나 성폭력 등 범죄 경력도 조회하도록 규정하고 있다. 개정된 내용은 출산 전부터 생모의 입양 동의서와 친권포기 각서를 받아 입양을 진행시키는 과거신고제 입양의 단점을 보완하고 입양아의 출생에 관한 알 권리를 보장한다는 측면에서 의의가 크다 할 것이다. 그러나 개정 입양특례법 시행 후 우리 사회에서는 입양아의 권리 보호와 무질서한 해외입양 등을 예방하고자 하는 본래 취지와 다르게 영아 유기를 증가시키고 있고, 입양을 간절히 원하는 양부모들에게도 문제를 초래하고 있다는 문제점이 제기되고 있다. 본고에서는 개정 "입양특례법"의 내용과 문제점을 검토하여, 그 개선방안을 모색해보고자 한다.

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한국형 전개의무시설 개발 방안 연구

  • Yun, Sang-Rok
    • Defense and Technology
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    • no.7 s.293
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    • pp.74-83
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    • 2003
  • 현대 의학기술의 발달에 따라 양질의 의료서비스를 원하는 것은 민간뿐만 아니라 군내에서도 활발히 이루어져 의료서비스를 제공 및 제공받는 것이 기존 의료수혜의 수준을 벗어난 당연한 권리이며 우리 의무병과는 이러한 권리를 보장해 줄 의무를 갖고 있다고 볼 수 있다. 따라서 이 글에서는 미군이 1984년도 시험평가 후 광범위하게 사용하고 있는 DEPMEDS(전개형의무시설)을 미군야전교범을 토대로 하여 개발배경, 추진경과, 설치운용시 고려사항 및 각 구성품(Component)별 기능과 배치도에 대해 고찰해 보았따. 또한 독일군이 1998년 이후 전력화하여 유럽 각국 및 NATO에서 실전배치하고 있는 EADS Dornier사의 TransHospital 장비 관련자료 등 서방국가 전개형의무시설에 대한 고찰을 통하여 한국적 전개형의무시설 개발의 필요성과 차후 정책추진 방안을 제시하고자 한다.

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A Study on Children's Rights and Happiness for Building Child Friendly Cities - Comparative study between elementary and middle school students (아동친화도시 구축을 위한 아동권리와 행복감에 관한 연구 -초등학생과 중학생의 비교연구)

  • Kim, Woong-Soo
    • Journal of Digital Convergence
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    • v.15 no.2
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    • pp.485-491
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    • 2017
  • Child friendly cities are to be prepared to create a community environment that allows children to live happily when children's rights are created when the environment in which children's rights are guaranteed is created. Therefore, this study examined the relationship between children's rights and happiness and explored what needed to be done to build child friendly cities for children. For this purpose, 1,000 elementary and middle school students in W district with the certification of child friendly cities were surveyed and analyzed. From the results of this study, first, elementary students were more aware of children's rights than middle school students. Second, children's rights affecting happiness appeared as health, social services, and educational environment. Third, children's rights affecting happiness were found to vary according to the level of school. Housing, safety and protection, and educational resources were important for elementary school students, and health and social services, and safety and protection were important for middle school students. Based on the results of this study, this study suggested that multifaceted intervention and approach should be considered for various aspects of health, welfare, education, safety, etc. to build child friendly cities.

A Study on 'Romalpa' Clause under SGA (SGA상 'Romalpa' 조항에 관한 연구)

  • Min, Joo-Hee
    • Korea Trade Review
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    • v.42 no.2
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    • pp.391-410
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    • 2017
  • This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.

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The Recognition of Special Teachers for Early Childhood about the Guarantee of Rights of Infants and Toddlers with Disabilities (유아특수교사의 장애영유아 권리보장에 대한 인식)

  • Kim, Sam-Sup
    • Journal of Digital Convergence
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    • v.17 no.2
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    • pp.475-487
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    • 2019
  • The purpose of this study was to investigate whether there are any differences in the recognition of the level of the guarantee of the rights of infants and toddlers according to the teachers' variables(gender, age, working experience) and institutional variables (institution type, establishment type, scale, area). We surveyed 365 special education teachers and found out differences. The results are as follows. First, there was no difference in the recognition according to gender. Second, there was no difference in the recognition according to age. Third, there was no difference in the recognition by working experience. Fourth, the recognition by type of educational institution showed that there were differences in the ambit of rights to life, protection, development, and participation. Fifth, the recognition according to the establishment type showed there were differences in the rights to life and development. On the other hand, there was no difference in the rights to protection and participation. Sixth, there were differences in the recognition about the rights to life, protection, development, and participation according to the scale of the education institutions. Seventh, there were no differences in the region. The results of this study can be used as basic data for establishing policy for the promotion of educational rights for infants with disabilities.