• Title/Summary/Keyword: Fundamental Right

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Survey on Educational Needs for Workers in Social Welfare Facilities in Jeju Special Self-Governing Province (제주특별자치도 사회복지시설종사자의 교육요구 조사)

  • Hwang, Seong-Joon
    • The Journal of the Korea Contents Association
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    • v.20 no.1
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    • pp.271-284
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    • 2020
  • The purpose of this study is to identify the educational needs among social workers in social welfare facilities in Jeju province concerning lack of knowledge, skill and attitude, and establish the systematic education for prosecuting diverse training and suggest fundamental data for designing future curriculum. The results of analyzing top 10 educational needs for the workers are as follows: firstly technics for managing crises, understanding and practice for clients (characteristics, human right, safety and health), case management (basic), counseling technique (basic), case management (advanced), counseling technique (advanced), planning and operating social welfare program, managing client response and emotional labor, improving competence for communication (between staffs and clients, etc.), and finally assessing project outcome (project plan, execution, management and assessment, etc.). Social workers in social welfare facilities in the area have highly recognized the necessity of profession centred education. However, they had low satisfaction with the diversity of profession education in the Jeju island and the systematic training courses. This survey suggests the various results concerning qualitative growth of profession education, expansion of job-centred curriculum and security of professional instructors to fulfil systematic education training for social workers.

Selective Arbitration Agreement in the multitiered Dispute Resolution Clause (선택적 중재합의와 단계적 분쟁해결조항)

  • 장문철
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.263-302
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    • 2003
  • Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

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The Change Process of River Management Policy and the Factors of Dam and River-mouth Weir's Problems in Japan (일본 하천관리정책의 변화과정과 댐.하구언 문제의 요인)

  • Ito, Tatsuya;Lee, Chul Woo
    • Journal of the Korean association of regional geographers
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    • v.20 no.2
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    • pp.176-188
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    • 2014
  • Since the late 1990s, a nationwide movement against dam and river-mouth weir plans in Japan has been promoted with a movement against a river-mouth weir for the Nagara river(長良川). This movement has been a catalyst for institutional frameworks on the central government's dam and river-mouth weir plans. Subsequently, water resource and river management policies have entered a new phase, with provinces governors's participation in "Statements on withdrawal from dam and river-mouth weir" as well as the seizing of power by the Democratic Party. However, problems with dams and river-mouth weirs have been confused due to poor countermeasures from the Democratic Party and to the Liberal Democratic Party(LDP)'s return to power. The fundamental causes on this situation are the non-establishment of fiscal norms for public projects and the rigidity of the water-right allocation system in Jananese policy-making processes. To successfully settle future policy on water resources and rivers, the first priority is to prepare specific institutional frameworks on finance of public projects and to organize a practical policy coordination system among government organizations. These policy tasks provide implications for river and water management policy in Korea.

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3-D Kinematic Analysis According to Open Stance Patterns During Forehand Stroke in Tennis (테니스 포핸드 스트로크 동안 오픈스탠스 조건에 따른 3차원 운동학적 분석)

  • Choi, Ji-Young;Kim, Ro-Bin
    • Korean Journal of Applied Biomechanics
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    • v.15 no.3
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    • pp.161-173
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    • 2005
  • Recently among several tennis techniques forehand stroke has been greatly changed in the aspect of spin, grip and stance. The most fundamental factor among the three factors is the stance which consists of open, square and closed stance. The purpose of this study was to investigate the relations between the segments of the body, the three dimensional anatomical angle according to open stance patterns during forehand stroke in tennis. For the movement analysis three dimensional cinematographical method(APAS) was used and for the calculation of the kinematic variables a self developed program was used with the LabVlEW 6.1 graphical programming(Johnson, 1999) program. By using Eular's equations the three dimensional anatomical Cardan angles of the joint and racket head angle were defined 1. In three dimensional maximum linear velocity of racket head the X axis showed $11.41{\pm}5.27m/s$ at impact, not the Y axis(horizontal direction) and the z axis(vertical direction) maximum linear velocity of racket head did not show at impact but after impact this will resulted influence upon hitting ball It could be suggest that Y axis velocity of racket head influence on ball direction and z axis velocity influence on ball spin after impact. the stance distance between right foot and left foot was mean $74.2{\pm}11.2m$. 2. The three dimensional anatomical angular displacement of shoulder joint showed most important role in forehand stroke. and is followed by wrist joints, in addition the movement of elbow joints showed least to the stroke. The three dimensional anatomical angular displacement of racket increased flexion/abduction angle until the impact. after impact, The angular displacement of racket changed motion direction as extension/adduction. 3. The three dimensional anatomical angular displacement of trunk in flexion-extension showed extension all around the forehand stroke. The angular displacement of trunk in adduction-abduction showed abduction at the backswing top and adduction around impact. while there is no significant internal-external rotation 4. The three dimensional anatomical angular displacement of hip joint and knee joint increased extension angle after minimum of knee joint angle in the forehand stroke, The three dimensional anatomical angular displacement of ankle joint showed plantar flexion, internal rotation and eversion in forehand stroke. it could be suggest that the plantar pressure of open stance during forehand stroke would be distributed more largely to the fore foot. and lateral side.

Experiment and Assessment of Ascending Capability for Management of Exotic Fish Species (외래어종 관리를 위한 소상 실험 및 평가)

  • Kang, Joon-Gu;Kim, Jong-Tae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.9
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    • pp.265-278
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    • 2016
  • In this study, an ascending capability experiment was performed with largemouth bass and bluegill, which are exotic fish species inhabiting (the freshwaters) in Korea. The experiment was performed by dividing the subject fish into four groups according to their size and at four flow rates for each group. The number of fish passing through a reference line was analyzed by recording videos, and their swimming and ascending capabilities were observed by the naked eye. The number of fish passing through the reference line did not include those returning downstream within five minutes due to the high flow rate. The flow rate used for the analysis was the mean of the flow rate values measured at the left bank, the right bank, and in the middle of the stream. The results showed that the number of exotic fish migrating upstream decreased as the flow rate increased, regardless of the species and size of the fish. The comparison between the fish species showed that the ascending capability of bass was higher than that of bluegill, but the difference was not significant when considering the difference in the size of the fish. In addition, the upper limit flow velocity allowing the ascending of the exotic fish species was 1.11 m/s, when considering the fish returning to the downstream after the upstream migration and experimental error. The results of the experiment may be used as fundamental data for the blocking of fish and the management of exotic fish species by means of a high flow rate current. Further experiments, verification, and monitoring may need to be conducted continuously to determine whether the fish are able to pass through the reference line at a high flow rate, when they attain a high or cruising velocity. Additionally, the reaction of the fish species should be investigated by considering the response to external forces as well as pressure differences due to the flow rate.

The Work of Mourning of 9/11 in U. S. A (미국의 9/11 애도 작업에 관한 고찰 : 9/11추모관 건립과 테러와의 전쟁을 중심으로)

  • OH, bonghee
    • Cross-Cultural Studies
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    • v.38
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    • pp.89-113
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    • 2015
  • This paper explores the work of mourning of 9/11 in the United States, focusing on the project of building the National September 11 Memorial managed by the Lower Manhattan Development Corporation(LMDC) and the War on Terror declared by the George W. Bush administration in the wake of 9/11. This paper first looks at the project of building the Natioanl September 11 Memorial and considers what was at stake in achieving this project. It also examines the limitations of the project. This paper argues that, in spite of the efforts to mourn the victims in significant and meaningful ways, the work of mourning in the memorial project fails at least in two respects. First, the memorial project "began so soon" right after 9/11 that the victims' families were not given enough time to mourn their loved ones. Second, the project were permeated with American nationalism and patriotism, which made the 316 non-American victims of 9/11 invisible and forgotten. Then, it goes on to examine the War on Terror because the War on Terror epitomized the failure of mourning due to these causes. In his address to the nation delivered on the very day of 9/11, President George W. Bush stated that "America was targeted for the attack because we're the brightest beacon for freedom and opportunity in the world" and that the terrorists failed to threaten America into chaos. He also stated that America is in "the war against terrorism." These statements were a futile reassertion of the illusion of American invulnerability and a prohibition of mourning in favor of violent military responses to 9/11. American nationalism also underlies Bush's official naming of September 11 as "Patriot Day." The victims were sacrificed because they were at the site when terrorists attacked, which implies that their death had nothing to do with American patriotism. Naming September 11 as Patriot Day was an act of imbuing the absurdity of the victims' death with a false meaning and an act of forgetting the non-American victims. The failure of the work of mourning of 9/11 consisted in the inability to recognize human vulnerability and interdependence and the inability to mourn not only American victims but also non-American victims killed in 9/11 and the War on Terror. A meaningful and significant mourning could be possible when we realizes that all human beings are exposed to one another and their lives are interdependent on one another. September Eleventh Families for Peaceful Tomorrows well demonstrated this kind of mourning. When most Americans supported violent retaliations, Peaceful Tomorrows made pleas for nonviolent responses to 9/11. Turning their grief into action for peace, its members work "to create a safer and more peaceful world for everyone," not only for Americans. Their effort to mourn in meaningful and nonviolent ways delivers the message that a disaster like 9/11 should not happen anywhere.

Zhuzi Learning, Yangming Learning, and Formation of "Gukhak": Genealogy of Subjectivity and Silsim (주자학과 양명학, 그리고 '국학'의 형성 - 주체성과 실심(實心)의 계보학 -)

  • Kim, Woo-hyung
    • The Journal of Korean Philosophical History
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    • no.58
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    • pp.307-336
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    • 2018
  • This paper traces the historical genealogy of the subjectivity and the silsim (實心, true mind) that appear in Jeong In-Bo's "gukhak" (國學, the national learning) thought and illuminates its characteristics. In the modern East Asian history of thought, the beginning of the emergence of subjectivity and the silsim as the main philosophical topic comes from the Neo-Confucianism of Song Dynasty in China. Cheng Yi is the first thinker to emphasize subjectivity and consciousness. Zhu Xi and Wang Yang-ming inherit the Neo-Confucian thought based on Cheng Yi's principle of subjectivity, but only show difference in methodology. In the Chosun Dynasty, Jeong Je-Doo and his School were one example of the Neo-Confucian spirit of subjectivity and the silsim. Although Jeong In-Bo (鄭寅普) belongs to Jeong Je-Doo's school of Ganghwa in the school curriculum, he has only used it methodologically since he believed that Yangming's learning is more effective in the awareness and practice of the silsim. Especially noteworthy is that the principle of subjectivity led Jeong In-Bo to follow the frame of Zhu Xi's moral theory. Jeong's claim that selfish desire (jasasim 自私心) should be controlled by a conscious mind (silsim) being aware of the right and 'ought to do' corresponds to Zhu Xi's view that the moral mind (dosim 道心) should be selected in the conflict situation between sensual desire (insim 人心) and moral consciousness so that the insim should be supervised by the dosim. Such ethics is a position to emphasize the inner motive and the sense of duty of conduct, and there is no fundamental difference in Zhu Xi and Wang Yang-ming. At least on this point, it is necessary to look at modern and contemporary Korean studies from the perspective of continuity, not discontinuity from Confucian tradition.

Teaching Democracy in Indonesian Civic Education Textbook (인도네시아 시민윤리교육 교과서에서의 민주주의 교육)

  • KIM, Hyun Kyoung
    • The Southeast Asian review
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    • v.27 no.3
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    • pp.1-47
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    • 2017
  • This paper examines how democracy is being taught in secondary school level of Indonesian civic education. For this purpose, this study analyses the textbook contents concerning democracy. First, this study sets the freedom, the right, the unity and the stability as key words and analyzes the characteristic of describing democracy by looking at how each keyword is explained in the textbook. The result of analysis shows that democracy of Indonesia can be described as "Pancasila democracy" and textbooks have tendency to relatively emphasize 'the unity', and 'the stability' by differentiating themselves from "liberal democracy" and "liberalism." The freedom in textbook can be interpreted in the context of organic-statism that state and interests of state have the ascendancy over individuals. This viewpoint is based on the historical contexts of Indonesia. However, when textbook describes about Indonesian democracy and its values, they deal with contents of democratic principles, "the freedom of opposition", "the negative freedom", and natural rights. And the study interprets the existence of the two contrasting concepts - relative emphasis on the unity of state and the statement about the importance of individual rights and the freedom - in the textbook as a logical tension in transitional process of traditional organic-statism. Second, the study examines educational contents in accordance with the method of description in textbook. It has been found that there are logical tension and fallacy in describing the principle of fundamental concepts and applicate that concepts into Indonesia case. Also, when describing Marsinah and Munir case, there are some parts distorted and overlooked the facts. On the other hand, the gaps between the explanation in textbook and reality can be pointed out. This study which examined textbook and contents of the rights of the individual is an introductory study on textbook, education and democracy for development of Indonesia and their education.

The Three Theses in Yang-Ming Studies (양명심학의 3대 강령)

  • Sun, Byeongsam
    • (The)Study of the Eastern Classic
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    • no.62
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    • pp.177-207
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    • 2016
  • This essay is dealing with Yang-Ming Studies' fundamental ideas, which are the goal of learning, the cultivation theory, and the ultimate goal in Yang-Ming-Xin-Xue. The first, what is the goal of learning in Yang-Ming-Xin-Xue: It is generally accepted idea that the goal of learning in Yang-Ming-Xin-Xue is to be a sage. But there are different suggestions about the ideas above. The reason is like this: Zhu-Zi-Studies was eager to be a sage through its cultivation theory. Yang-Ming-Xin-Xue criticized the cultivation theory in Zhu-Zi-Studies. Therefore, some people don't agree with the idea that the goal of learning in Yang-Ming-Xin-Xue is to be a sage. In this essay, I try to demonstrate that the goal of learning in Yang-Ming-Xin-Xue is to be a sage. The second, What is the major cultivation theory in Yang-Ming-Xin-Xue: The core cultivation theory is the Zhi-Ling-Zhi(Fulfillment Innate Knowledge of Goodness). For this, there is no question, but it is difficult how to learn and practice Zhi-Ling-Zhi in the daily life. I try to explain the right meaning and practice over Zhi-Ling-Zhi. The third, what is the ultimate goal in Yang-Ming-Xin-Xue: It is general method in examine Yang-Ming-Xin-Xue that is comparing with Zhu-Zi-Studies. So there is a natural tendency focusing on the differences and similarity between Yang-Ming-Xin-Xue and Zhu-Zi-Studies. But If I say, what is the ultimate goal in Yang-Ming-Xin-Xue? That is the realization of Ren, Which is the harmony with all things in heaven and earth.

A Background Study of 'Haenyeo Uprising Song' in the Jeju Haenyeo Anti-Japanese Movement (제주해녀항일운동에 나타난 '해녀항쟁가' 배경 연구)

  • Moon, Hyojin
    • The Journal of the Korea Contents Association
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    • v.22 no.4
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    • pp.754-764
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    • 2022
  • This study began with a reflection and review of looking back on the anti-Japanese movement of Jeju Haenyeo. The Jeju Haenyeo Anti-Japanese Movement is the largest women's solidarity movement in Korea, with the struggle for the right to survive expanding to the anti-Japanese movement. Kang Kwan-Soon of young intellectuals in Jeju carried out an enlightenment campaign and made the unfair lives of Haenyeo into song lyrics to promote the anti-Japanese consciousness. 'Song of Haenyeo' has been excluded from the record for reasons of using Japanese melodies of 'Tokyo March', not traditional folk songs, and the socialist forces behind it. The study of Jeju Haenyeo is an important basic reference for the study of the anti-Japanese movement that successfully led the Jeju Haenyeo's human rights struggle. Oral tradition songs are the most fundamental art form. Through this research to revive the spirit of the anti-Japanese movement and remember the value of their sacrifices and contributions through comparative of the two songs.