• Journal of the Korean Institute of Rural Architecture
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• v.10 no.1
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• pp.67-74
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• 2008

Recently, construction of bridges in rural areas has been increased to preserve the natural environment. However this brings forth the disputes over rights of light in farmland. In urban areas, the disputes over rights of light have been settled on the authority of the national architectural law and only sunshine hours for winter solstice are considered. Basically, the point at issue is different between each case. The main issues of the dispute in rural area were the reduction of the crop cultivation and the increase of the heating cost in winter. The purpose of this study is to review the mediation process in national environmental dispute resolution commission to resolve these issues, and to set up the analysis method of rights of light and modelling equation of solar position. Furthermore, we aimed at analyzing the damaged hours of daylights in rural housing and the infringement rate of daylight in farmland through the case study. In conclusion, we estimated the sunshine hours during the whole damaged periods according to the elements of bridges, and presented the solution process of dispute over rights of light due to the construction of bridge in rural area.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.67-74
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• 2022

This study is a theoretical account of HRs requirements in educational institutions in light of the growing influence of digital technology on human rights. It intends to reveal prominent human and civilizational values encapsulated in modern human rights regulations. It dwells on educational and societal requirements for educational inclusion in the school and university curricula in light of changes that have taken place in HRs in the digital age. Relying on the descriptive documentary research design, the study concluded that HRs are inherently moral duties and fixed values. They include the importance of tolerance, freedom, peace, justice, science, work, and equality. Because education is arguably based on human and civilized values, educational foundations require intake of awareness, systematic integration and responsibility from all academic and community institutions, including family and media institutions. The article closes on a note of how technology has impacted human rights in the digital age. It provides implications and recommendations to pedagogies accordingly.

• Journal of the Korean Society of Child Welfare
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• no.58
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• pp.171-203
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• 2017

There has been a growing number of research about children's development indicators and child well-being indicators. After the Convention on the Rights of the Child (CRC) and concluding observations on the second report of Korea, the effort to monitor and measure children's rights and the use of child rights indicators has increased within policy and academic research. However, few indicators provide a realization of children's rights. The purpose of this paper was to analyze children's own perceptions of their rights and to develop a children's rights index to measure children's rights. In this study, a children's rights index was developed from 38 indicators categorized into nine components and four domains (survival rights, development rights, protection rights, and participation rights) to measure children's rights. Data were gathered from 17,000 elementary and middle school children and their parents in 16 cities. The survey revealed significant differences in the children's rights index by region and age group. There was also a correlation between the economic circumstances of both households and communities and the children's rights index. In the light of the findings, it is suggested that there is a need to increase public investment on children and to raise awareness of children's rights in order to improve children's rights and to decrease disparity.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.52-57
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• 2013

Information and Communication Technologies(ICTs) have substantially enlarged both the opportunities to realize one's human rights but have also resulted in the emergence of new challenges. ICTs are so deeply embedded and cental to almost all aspects of human activity. And ICTs are assuming an increasingly central role in all aspects of human and societal development across the world. But this is especially true of the right to privacy, which faces challenges such as profiling and data mining for public(including national security) and private purposes. ICTs access is a fundamental right for all humans in the information age. So we have need for regulation based on human rights in the digital age. And governments have a responsibility to protect individuals against violations of human rights and data protection by public authorities, but also by private entities. In addition, internet governance and multi-stakeholder principle have to be stressed on all of the internet issues because internet governance is included in the principle of democracy which have bottom-up communication and equality. So it is very importance that Internet Governance Forum is the space for a meaningful discussion on public policy issues relating to the internet.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• The Korea Journal of Herbology
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• v.27 no.5
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• pp.45-53
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• 2012

Objectives : In recent years, the Chinese Government has been providing full support aimed at promoting the excellence of Chinese culture, including Traditional Chinese Medicine (TCM), to the world after recognizing Chinese culture and medicine as elements that can generate national wealth. Methods : In investigating China's awareness of the issues surrounding the intellectual property rights of TCM, as well as its implementation of protective measures, this study analyzed the law and platform policies of the Chinese Government, as well as the designation status of China's intangible cultural heritages and the recent research trend in the TCM field. Results : First, China is taking various protective measures based on laws and institutional devices, including the Patent Act. Second, China is protecting the intellectual property rights of traditional Chinese medicines by registering them as Chinese intangible cultural heritages or UNESCO world heritages. Third, China is seeking to promote TCM throughout the wider world through various research and academic conferences, and by strengthening ties between nations. Conclusions : With the adoption of the international regimes of the WIPO and CBD, and particularly the Nagoya Protocol in 2010, China is seeking to implement measures aimed at maximizing the national interest based on the intellectual property rights of TCM. China began to implement a system of protection of medicinal resources and the related traditional knowledge after recognizing the potential crisis that could occur if Chinese medicine-related patents were taken over by foreign countries. As such, the system now takes various forms.

• Journal of Korean Society of Rural Planning
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• v.4 no.2
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• pp.41-57
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• 1998

Now, the conservation policy of historic environments in Korea which started in early 1980's, is in a danger. In addition, because of economic crisis started last year, the concerns for historic environments are growing weaker. However, this situation can be a good opportunity to prepare for the coming conservation works, The purpose of this study is to find clues for conservation of historic environments by considering foreign precedents. For concrete results, this study selects historic rural settlements as a case and focuses on the relationship among related people in the light of the their rights. Based on the consideration of foreign precedents, three different characters in the conservation process could be identified compared with korean cases; 1) Except partial works of public sector, generally the conservation process is under the control of nonprofit groups and residents themselves, 2) Conservation methods include with the proper change process for the sustainable settlement, and avoid the unconditional past-oriented approach, 3) Conservation methods are composed of not only the preservation of external forms such as assets but also the continuous participation and management of the community. And the most important clue which has been extracted is that the diverse rights of related people in the historic rural settlements should be kept in balance thoroughly.

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.79-103
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• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• The Korean Society of Law and Medicine
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• v.4 no.1
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• pp.255-294
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• 2003

This paper is relating to the debates upon the physicians' duty to issue the prescription documents to their patients. The duty should be approached in light of the patients' right to know about the prescription and pharmacy. The Korean Constitution is construed to protect the citizens' right to know as a fundamental right. The Constitution article 10 reads as follows: "All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals." The rights confirmed and guarantee by this article include the patients' right to know about what happens to their body, that is the treatments taken for them and so on. One of the treatments is the prescription and pharmacy. The information is necessary for them to establish their action for the damages in case of their harm resulted in by the negligence in prescription and pharmacy. Now that the prescription is written about by a physician and then the pharmacists compound the prescribed medicines, the patients need to get the documents signed by the pharmacists about the pharmacy. It should be noted that the patients right to know is the right to know and remember. Therefore the patients, who are laymen about the pharmacy, need two prescription documents one of which should be kept by them even after they take the prescribed and compounded medicines for the potential trial.

• Korean Journal of General Education
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• v.8 no.4
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• pp.339-367
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• 2014

This study aims to provide an intellectual understanding of the problems of Liberal Arts, in the light of the philosophy of Derrida and Ricoeur. Especially, we consent to the 'Right to philosophy' in the thought of Derrida and to the 'Dialogism' in the philosphy of Ricoeur. According to Derrida, the Right to is linked to human rights. If human rights are important to students, the Right to philosophy is also essential for them. For we must apply the Right to philosophy in the Liberal arts. According to the philosophy of Ricoeur, the dialogism can be interpreted by the possibility of communication and the dialogical method. Dialogical method connects two often conflicting or different themes. We can say that it is somehow a discussion between different. This confrontation is to strike a balance between different perspectives. Anyway, thanks to the two themes, the Right to philosophy in Derrida and the dialogism in Ricoeur, Liberal Arts course will be enriching.