• Title/Summary/Keyword: Children's rights

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A Study on the Development and Validation of the Assessment Tool for Child Friendly Cities (아동·청소년친화도시 평가지표 개발 및 타당화 연구)

  • Hong, Seung Ae;Lee, Jae Yeon
    • Korean Journal of Child Studies
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    • v.34 no.4
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    • pp.83-104
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    • 2013
  • The purpose of this study is to develop assessment tools to diagnose the child friendly level in a given community. To develop such assessment tools, the literature related to this issue was reviewed, and in order to reflect Korea specific social and cultural characteristics, 198 children and adolescents and 104 parents were interviewed in depth. The questionnaires were classified as objective tools and subjective tools by means of a content validity test by experts and a verification by preliminary survey. Objective tools are defined as those which are used by professionals to check facts based on laws and institutions. 20 objective questionnaires were created and completed. In contrast, subjective tools were used to check the subjective perceptions of children, adolescents and parents on their community environments. Subjective tools were collected as the basis for the data for construct validity and was calculated to verify the validity. For this purpose, 432 children and adolescents between 11 and 18 and 201 parents living in Seoul, Daejeon and Hwaseong (n=633) were surveyed. Subjective tools, 33 questions in 6 areas were created and completed for parents and for children and adolescents, 30 questions in 5 areas were created and completed.

A Study on the Entrepreneurship Experience of Unmarried Mothers Living in Community : Focusing on Maternity Rights and Labor Rights (지역사회거주 비혼모의 기업가정신 (Entrepreneurship) 경험에 관한 연구 : 모성권과 노동권을 중심으로)

  • Kang, Ra Hyeon
    • Journal of Family Resource Management and Policy Review
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    • v.27 no.4
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    • pp.1-17
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    • 2023
  • This study examines the entrepreneurial experiences of unmarried mothers living in a community who have succeeded in starting a business. Attention was given to the maternal and labor rights of five single mothers in a community who gave birth, raised children, and engaged in vocational activities. Data were collected through one-on-one in-depth discussions with the participants and analyzed using Colaizzi's descriptive-phenomenological method. The data analysis revealed 53 themes and 10 clusters of themes. Based on these results, items such as overcoming pregnancy conflict, reasons for starting a business, and successful entrepreneurial experience were identified and described. The key themes of this study include "Pressure to live", "Hold oneself responsible for an unblessed life", "Stigma and deprivation of opportunity", "Maintaining basic life amid anxiety", "Starting from ground zero", "Work and parenting tug-of-war", "Let's rely on my ability rather than external support", "Securing credit capital", "Philosophy for shared growth" and "Infinite possibilities at the edge of a cliff". In the attempt to start a business using positive psychological capital for the well-being of themselves and their children's, the mothers uncovered social capital, which led to mutual growth. Based on the research results, the ethics and resilience of shared growth were discussed.

Medicolegal Study on Human Biological Material as Property (인체 유래 물질의 재산권성에 대한 의료법학적 고찰)

  • Lee, Ung-Hee
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.455-492
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    • 2009
  • (Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

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Arbitration Clause Prohibiting Class Action in Consumer Contracts

  • Yi, Sun
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.3-35
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    • 2017
  • For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

LGBTQ's Human Rights and Library Services (LGBTQ의 인권과 도서관서비스)

  • Kim, Seon-Ho
    • Journal of Korean Library and Information Science Society
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    • v.46 no.4
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    • pp.21-44
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    • 2015
  • This study is to propose the directions of LGBTQ Friendly Library policies based on LGBTQ's human rights. To accomplish this purpose, this study comparatively analyzed key concepts from UN UDHR, ALA LBR, and IFLA statements up to scholarly library-articles related to LGBTQ with the inductive approach for qualitative data analysis. The result suggests the 7 directions of the library services policy-making for LGBTQ in practice : 1) Recommendations on the enhancement of the LGBTQ's human rights and library obligations, 2) Enforcement of librarians' education and training on LGBTQ subject matters, 3) Convergency on the various LGBTQ's information needs and the enlargement of library collections, 4) Development of search instruments on LGBTQ, 5) Secure library moods and no-distinctive use of its accommodations, 6) Cooperation system with NGO on LGBTQ, 7) Care and support on children and young adults experienced with LGBTQ.

Priority Analysis of Sub-goals Related to Infants and Young Children in Korean Sustainable Development Goals (K-SDGs) Using the Delphi Technique (델파이 기법을 활용한 국가지속가능발전목표(K-SDGs)의 영유아 관련 세부목표의 우선순위 분석)

  • Jeon, Hyo Jeong;Goh, Eun Kyoung
    • Korean Journal of Childcare and Education
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    • v.16 no.3
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    • pp.1-17
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    • 2020
  • Objective: The purpose of this study is to identify and prioritize sub-goals for infants and young children among the Korean Sustainable Development Goals (K-SDGs). Methods: The expert panel of this study consisted of 15 faculty members from the department of early childhood education or children's studies at 12 universities and was put together in order to conduct a Delphi survey. Results: As a result of the study, first, a total of 16 sub-goals were developed in order to target infants and young children. Second, the 16 sub-goals were then ranked according to their importance and urgency, and the most important goal were 'the improvement of mental health and prevention of drug abuse (K-SDG 3-2)'. And 'the elimination of violence and discrimination against girls (K-SDG 5-1, 5-2)', 'the safe and inclusive learning environment (K-SDG 4-8)' and 'end of abuse, trafficking, exploitation and all forms of violence against children (K-SDG 16-2)' were the next important and urgent goals. These priority objectives reflect the inviolable rights that infants and young children in Korea should be guaranteed by default. Conclusion/Implications: This study provided a basis for its effective implementation by identifying goals and priorities for infants and young children in comprehensive and interdependent K-SDGs.

A Qualitative Study on Lived Experiences of Children Who Live in a Poor Neighborhood -"Hard Life in Our Village"- (빈곤지역아동의 거주체험에 대한 질적 연구 - 우리 동네살이 -)

  • Kim, Kyung-Hee;Kim, Sun-Min;Park, Keon-Hye
    • Korean Journal of Social Welfare
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    • v.63 no.3
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    • pp.109-131
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    • 2011
  • This qualitative study aimed to explore and understand the impacts of the poor neighborhood on children from their own perspectives. To this end, the meaning and the structure of children's lived experiences were explored. The participants were recruited from elementary school high grade students living in poor neighborhood. Focused group interviews were conducted in each of the 24 World Visions social work agencies. The collected data were analysed qualitatively. According to the results, the following main themes could be extracted from the children's lived experiences: "Conflict between connection and differentiation", "Resigning to the fate of being neglected in danger" "Learning to live in the dark cave", "Anticipating a bowl of trust from the neighborhood". The children living in poor neighborhood were threatened by the physical and emotional danger highly probable in weak social infrastructure. Also, they have internalized negative self-identity by chaotic environment and, even the negative role models from alcoholic and sometimes violent adults. However, they were experiencing positive caring from and solidarity with surrounding neighborhood, and were participating in volunteered activities for asserting their citizen rights. These may be the keys to empowerment and, ultimately, to change for themselves and the community. The implications of the study results for the policy making and the actual practice were discussed focusing on the children's rights and well-being.

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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.

The Meaning of Kindergarten Experiences of First Graders (초등학교 1학년 아동을 통해 본 유치원 생활의 의미)

  • Hwang, Hae-Soo;Son, Won-Kyoung
    • Korean Journal of Child Studies
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    • v.30 no.5
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    • pp.167-178
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    • 2009
  • The purpose of this study was to look into the meaning of kindergarten experiences of first graders with the use of phenomenological research. The participants of this study were 10 elementary school students. Through eleven interviews per person and journal writings, the voice of participants was condensed into three categories : (1) Kindergarten life was new and delightful; (2) they were limited in assertion of their rights; and (3) they experienced separation and longing. We should understand children's experience by their explanations and give consideration to children not as objects but as subjects. By doing so, we can provide more meaningful experiences to children in kindergarten.

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Work-family Balance for Working Parents with Elementary School Children in Korea (취업 학부모를 위한 초등학교의 "일-가정 균형" 제도 현황)

  • Song, Hye-Rim;Seo, Ji-Won
    • Journal of Family Resource Management and Policy Review
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    • v.12 no.2
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    • pp.191-207
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    • 2008
  • The purpose of this study was to analyze the education policies for work-family balance in Korea. Data were collected from homepages of elementary schools(n=196). The major analysis was performed through the following 4 subjects, parent-teacher association, after-school programs, holidays on every alternate Saturday, arbitrary no school days. Based on the results, the policy implications on social investment policies were discussed : To promote work-family balance, family-friendly culture in workplaces as well as schools should be established that develop childcare system for working parents. The linkages between educational system and work system will contribute to parents' rights in Korea.

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