• Korean Journal of Social Welfare
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• v.58 no.4
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• pp.371-392
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• 2006

The studies and concerns of social rights and the security of social rights continue steadily, and extend there range and realms. But not only ideological and political threats on them but also critical views still are widespread. Therefore we need adequate researches on the characteristics of social rights and the meanings of the security of social rights, which are more fundamental. So this study was intended for more precise understanding on social rights and the meanings of the security of social rights through researches on the characteristics of social rights. The characteristics of social rights which this study researched are rights and duties, citizenship rights and social justice, and methodology and ideology. Through this research, I discussed justness of social rights and clarified the security of social rights not to be defined categorically but to be procedural concept. I argued that security of social rights is necessary to realize other citizenship rights such as civil rights, political rights, and I discussed this has to be considered dimension of social justice. And I discussed the necessity and the levels of distribution, which are accomplished not to dimension of simple social security and social welfare benefits but to dimension of human liberties, rights, and equalities.

• Korean Journal of Social Welfare
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• v.62 no.1
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• pp.211-235
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• 2010

This study attempts to examine standards on the effectiveness of the rights to social security of people with disability. The current research makes the standards on effectiveness of social security rights to the disabled. This standards draw four right areas and five general principles from debates about effectiveness of general social security rights and extend for applying three social area to the disabled. Four right areas are benefit coverage, benefit structure, benefit restriction and rights relief. Five general principles are enforceable rule principle, national finance principle, unconditional principle, adequacy principle and penalties principle. These four right areas and five general principles apply to three social security areas of income support, employment security and medical security. Measurement values are 'high' and 'low'. These measurement values divided into two that are used to ensure same intervals. This study on standards to the effectiveness of the rights to social security of people with disability has political and theoretical implications. First, in political aspects, these standards provide objective understanding of the present level of social security policies for the disabled. Second, theoretically the current study expands debates about the effectiveness of general social security through multi-disciplined research. At once this study is significant to establish empirical research foundation.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2023.11a
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• pp.230-233
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• 2023

우리 헌법은 인간의 존엄과 가치 그리고 행복을 추구할 권리를 보장하고 있으며, 편의증진법과 교통약자법을 통해 장애인등이 교통수단, 여객시설 및 도로 등을 비장애인들과 차별 없이 이용하여 이동하고, 도로와 대중교통수단, 공공 건축물과 주거 등 생활 필수시설에 자유롭게 접근하기 위한 접근권을 보장하고 있다. 우리나라는 이동권의 보장을 편의시설 제도라는 독자적인 체계를 통해 이루어지고 있으며, 이를 실질적으로 보장하기 위하여 장애물 없는 환경 인증 제도(BF 인증제도)를 도입하였다. 시행 15년을 맞은 BF 인증제도는 양적으로는 많은 발전을 가져왔지만, 질적으로 특정 건축물 등 일부에 대한 인증 편중 현상이 있으며 안전취약계층에 대한 재해 안전확보에 대한 고려가 포함되지 않아 부진정한 이동성과 접근성의 보장이라는 한계를 가지고 있다. 이동권 보장이 얼마나 잘 이루어지느냐는 그 나라의 사회 안전망이 얼마나 잘 갖추어져 있는지 판단하는 척도라 할 것이며, 따라서 이러한 이동권 보장은 위험상태에서의 안전한 피난을 함축하고 있으며 중첩적으로 국가의 기본권 보호 의무의 이행과 관련된다. 이에 따라 이동권과 접근권의 증진을 위한 BF 인증 규정을 안전 규범으로 보완하여 장애인과 비장애인이 사회의 일원으로서 평등한 인격적 주체로 공동체에 기여하는 안전한 사회적 환경의 조성이 긴절히 요청된다고 할 수 있다.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• Korean Journal of Social Welfare
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• v.61 no.3
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• pp.5-28
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• 2009

The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

• Journal of the Society of Disaster Information
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• v.7 no.3
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• pp.181-189
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• 2011

Private Security company concentrated on the commerciality as a for-profit businesses. Even so, his role is concerned with public welfare and public security over personal gain. Establishing a company and the business activities are free and protected by the constitutional law and the commercial law such as natural rights. However, it would be restricted in case of need for the national security affairs, public security violation and public weal problems. On the other hand, even though private security law is a for-profit businesses, the natural rights of the text of the Constitution is ignored and distinct from the different apply the rules for the establishment standard and for the business activities. Also, over a certain size of place and capital are required to establish a private security company. Therefore, this paper will study the public interests and the profits of commerciality for the private security by constitutional law and commercial law which assure and conserve the natural rights and the business activities.

• Korean Journal of Social Welfare
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• v.60 no.4
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• pp.157-173
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• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.

• Electronics and Telecommunications Trends
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• v.30 no.3
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• pp.21-30
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• 2015

복지에 대한 사회적인 관심, 초고령화 사회로의 진입이 가속화됨에 따라 잠재적 시각 청각 장애인과 고령 노인에 대한 보편적 방송접근권 보장 요구가 증대되고 있다. 이에 정부는 장애인방송 제작 지원 사업과 방송수신기 보급사업 등을 통해 장애인방송물의 제작을 촉진 보급하는 한편 2011년 '장애인방송 편성 및 제공 등 장애인 방송접근권 보장'에 관한 고시를 제정하여 방송사업자의 장애인방송 제공을 의무화하고 매년 방송프로그램 편성실적을 공개하고 있는 상황이다. 본고에서는 장애인방송 현황과 함께 시각 청각장애인의 방송접근권 향상을 위해 새롭게 시도되고 있는 장애인방송 서비스와 기술동향 및 관련 이슈들에 관하여 살펴보고자 한다.

• The Journal of the Convergence on Culture Technology
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• v.7 no.1
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• pp.533-538
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• 2021

The purpose of this study is to consider the perception, which education-related workers and parents have, associated with guaranteeing the right to learn for youth migrants in Korea. The study was especially intended to analyze the opportunities and adaptions of youth migrants and make policy suggestions accordingly. To this purpose, this study implemented one-on-one in-depth interviews with research participants to collect and analyze data. This research yielded four categories: initial settlement, social security support as a fundamental right, learning rights guarantees, and psychological support. Also, seven subcategories were elicited. The suggestions based on results are followings: first, the legal basis for learning support for middle-aged adolescents; second, curriculum composition for school maladjusted middle-aged adolescents; third, individualized support system; fourth, the active promotion of support systems such as information provision; fifth, the diversification of policy for psychological stability.

• The Journal of the Convergence on Culture Technology
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• v.8 no.6
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• pp.429-433
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• 2022

We analyzed both current local policies and in-depth survey data to find out a way to provide job opportunity and income source to local young people in so-called job guarantee system. The young generation in current Korean society has been experiencing both growth without employment and severe economic inequality at the same time, though they should have taken part actively in social development. Their rights for work and survival have also been threatened and losing hope for the future is an widespread symptom in this generation. Kwangju metropolitan city(KMC) has been supporting certain amount of case income and job experience to young people in Kwangju through a local government policy called Kwangju Young Generation Job Experience Dream Service. In spite of high level of satisfaction from the participants, limitations such as below average job performance level of participants and a barrier in the transition to regular position still remain. This study hopes that a case of Kwangju gives pragmatic insights for a realizable path to expanding universal welfare through assuring job opportunity to the young generation in local area.