• The Korean Journal of Archival Studies
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• no.38
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• pp.75-124
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• 2013

This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• Journal of the Korean association of regional geographers
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• v.19 no.2
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• pp.324-339
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• 2013

This study aims to investigate the characteristics of cyber communities composed of migrant workers from communities without propinquity in Korea. Its methods are both qualitative and quantitative. It further seeks to discover the relationship between the social capital formed and reproduced within these cyber communities and participants' cultural adaptation to Korean society. The study revealed that ethnic and non-ethnic communities differed in terms of strength of cohesion, space constraints, and links with the outside world. The former showed characteristics of a localized community type. The main motivations for migrant workers' participation in the ethnic cyber community were communication and friendship rather than cooperation and sharing among members. They usually used cyber communication media to communicate with one another. Conversely, the latter showed characteristics of an integrative type. Despite the difficulties in applying for membership and information provided in Korean, a high percentage of migrant workers participated in the community to obtain crucial information. The results did not show a significant correlation between social capital and migrant workers' traits within the cyber community, while a strong correlation emerged among four factors of social capital: faith, norms, networking, and political participation. The study showed that social capital in the cyber community was in direct proportion to an integrative type of cultural adaptation to Korean society. In particular, there was a strong connection between the cultural adaptation exhibited by members of the migrant subculture and their participation in discussions on political issues and human rights, with some migrants even functioning as agents of social change as participants in citizens' movements. The findings suggest that the cyber community facilitates the migrant subculture's communication with and integration into the indigenous Korean culture. Migrant workers' participation in the cyber community is therefore validated as an instrumental practice for members of this subculture to adapt to Korean society.

• 재활복지
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• v.17 no.4
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• pp.221-244
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• 2013

This study made an exploratory verification targeting severely-disabled persons on how self-determination right and empowerment of the factors organizing independent living affect community relation and productivity of the disabled. For the foregoing, this study collected data for about 2months from May through July 2012 targeting the disabled using Center for Independent Living and the Center for Human Right of the Disabled. As a result of research, this study revealed First, the level of self-determination right of the disabled differed meaningfully depending on the variables such as age, academic ability, existence of spouse, receiving pension, monthly income, residential type, time of occurrence of disability and disability rating, and in the level of empowerment, it showed a meaningful difference according to the factors like academic ability and disability rating. Second, the level of formation of community relation differed meaningfully according to the variables such as age, academic ability, existence of spouse, residential type, time of occurrence of disability, disability rating etc., and the level of productivity showed a meaningful difference according to the variables such as academic ability, existence of spouse, receiving pension, monthly income, multiple disabilities, disability rating etc. Third, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their community relation, both self-determination right and empowerment turned out to have a meaningful and positive (+) effect on the community relation of the disabled. Fourth, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their productivity, this study found that only the variable of empowerment exercises a meaningful and positive (+) influence on the productivity of the disabled. Therefore, self-determination right and empowerment are considered an important variable for enabling them to enjoy independent living in the future by strengthening community relation and productivity of the disabled. For this, it is required to fulfill social welfare and recognize the significance of self-determination right and empowerment in the process of rehabilitation, and develop as well as revitalize a variety of programs related to the above.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.