• Title/Summary/Keyword: civil rights

검색결과 166건 처리시간 0.027초

동남아시아의 민주화 이후 '개발'과 '인권'의 갈등적 공존: 시민사회의 시각 (The Confrontational Co-existence of Development and Human Rights after Democratic Transition in Southeast Asia: A Civil Society Perspective)

  • 박은홍
    • 동남아시아연구
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    • 제19권2호
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    • pp.173-218
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    • 2009
  • Bring this analysis down to people-centered development perspective and looking through democratization in the Philippines, Thailand and Indonesia, we find similarities and differences among them related with the intensity of conflicts between development and human rights in the process of democratization in line with global transformation. Civil society in the Philippines criticized the developmental path in the Philippines which failed to implement land reform and eradication of poverty under the transition from 'patrimonial oligarchy' to democracy. In Thailand the coalition of military and the royalists had consolidated its power since Sarit military regime, which later paved the way 'hybrid oligarchy' era. Most Thai civil society organizations has regarded their developmental experience rather as 'maldevelopment' which disregarded economic and social rights. It has been especially believed by Thai localists that the stimulation of local markets and the building of autonomic community society will form the alternative economy without going against the conservative banner of nation, religion and king. Thaksin as a populist successfully took advantage of Thai localist ethos in favour of taking the seat of power. He projected himself as a modernizer focused on economic growth and cleaner politics. However Thaksin's procedural legitimacy was overthrown by counterattacking from military-royalist alliance, pretexting that Thaksin caused internal conflicts and lacked morality. Soeharto's New Order regime which can be called 'administrative oligarchy' had an antipathy towards notions of economic and social rights as well as civil and political rights. In spite of the fact that the fall of Soeharto opened the political space for democratic civil society organizations which had long struggled with development aggression and human rights abuses, there have been continuously a strong political and military reaction against human rights activists, NGOs and ethnic minorities such as Aceh and Papua. Nevertheless, Indonesian democracy is more promising than Philippine's and Thai democracy in terms of comparatively less pre-modern legacies.

국제무역상 채권양도의 대항력에 관한 일고찰 (A Study on Opposing Rights against Assignment of Receivables in International Trade)

  • 류창원
    • 무역상무연구
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    • 제74권
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    • pp.25-54
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    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

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Interpretation as a Moral Act: Kennedy and the University of Alabama Crisis

  • 전범수
    • 영미문화
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    • 제18권1호
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    • pp.121-140
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    • 2018
  • Faced with a series of violent confrontations on civil rights in the State of Alabama in 1963, John F. Kennedy gave a formal speech that heralded the end of his unusually long-drawn-out aloofness from the issue. The speech marked a new phase in Kennedy's political leadership as the thirty-fifth president of the United States employed a rhetoric of moral failure, defining the University of Alabama crisis and the ensuing civil rights struggle as a threat to American federalism and national ideals. This paper employs the formal, neoclassical terms of rhetoric to analyze the distinct mode of persuasion Kennedy employs in which the former U.S. president (1) appeals to moral interpretation as a proper solution to the aggravating social situation and (2) puts an interpretation on civil disorder in Birmingham, Alabama as a major threat to national identity, rather than a regional, largely party-political question.

역량교육을 통해 바라본 초·중등학교 민주시민교육의 실천적 담론: 인권을 중심으로 (Practical discourse of civil democracy education in the elementary and the secondary school through the lense of competency education: based on human rights)

  • 신민혜
    • 디지털융복합연구
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    • 제20권5호
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    • pp.813-817
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    • 2022
  • 본 연구는 민주시민교육에 대한 시대적 요구와 함께 학교 교육과정에서 인권교육이 나아가야 할 방향성을 제시하는데 목적이 있다. 이를 위해 2022 개정 교육과정 총론(시안)에 나타난 민주시민교육 내용과 OECD Education 2030 프로젝트에 제시된 역량교육을 토대로 분석 및 제시하였다. 연구의 결과 첫째, 2022 개정 교육과정 내용 중 범교과 학습을 통한 인권교육 강조 및 인권 교과 교육과정을 보다 상세화, 체계화할 필요가 있음을 확인하였다. 둘째, 학생의 인권 의식 함양과 인권보장을 위한 다양한 범교과 학습, 창의적 체험활동의 지속적인 인권교육의 실시과정이 제공되어야 한다. 셋째, 교사의 인권 기반 관점과 역량 함양을 위한 지속적인 노력과 함께 인권 친화적 학교 문화를 조성할 필요가 있다. 끝으로 2022 개정 교육과정 개정을 앞둔 시점에서 학교 인권교육을 선도할 수 있는 토대의 마련과 가능성을 확인하였다.

Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

"Narrating Rights: Literary Texts and Human, Nonhuman, and Inhuman Demands"

  • Kim, Youngmin
    • 영어영문학
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    • 제64권3호
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    • pp.483-530
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    • 2018
  • Unpacking and dispersing rights of various kinds formerly enjoyed by a selected few has been the constant motivation behind the democratization and modernization of human society. Human rights and later civil rights have continuously been constituted and reconstituted in response to the demands of the laboring class, slaves, women, subalterns, animals, and things, expanding beyond the boundaries of class, race, nation, sexuality, gender, species and organism. Calling attention to the ways in which literary and cultural texts have narrated rights so as to inscribe these human, nonhuman, and inhuman demands. Narrating rights offer opportunities to interrogate the lasting contributions of English language and literature to questioning, reforming, and practicing rights. The interrogation is particularly pertinent in this age in which revised and dispersed rights are creating new conflicts, requiring them to be narrated differently and imaginatively so as to allow all the parties in conflict to participate in working out the conflicts. With the 2017 theme of "Literature and Human Rights," JELL editorial collective hope to explore the relationship between literature and human rights in its multiple simultaneous, and plural manifestations in an open platform. "Narrating Rights" is a double-edged task that, on one hand, reflects the singular life conditions or contexts of a human, inhuman or nonhuman being and, on the other hand, aspires to the perpetual process of rights' universal application. Eleven out of all the keynote speakers at the 2017 ELLAK Convention were invited to this roundtable on Literature and Human Rights. The following transcription includes the dialogues of the eleven discussants.

Transmission Lines Rights-of-Way Mapping Using a Low-cost Drone Photogrammetry

  • Oh, Jae Hong;Lee, Chang No
    • 한국측량학회지
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    • 제37권2호
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    • pp.63-70
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    • 2019
  • Electric transmission towers are facilities to transport electrical power from a plant to an electrical substation. The towers are connected using wires considering the wire tension and the clearance from the ground or nearby objects. The wires are installed on a rights-of-way that is a strip of land used by electrical utilities to maintain the transmission line facilities. Trees and plants around transmission lines must be managed to keep the operation of these lines safe and reliable. This study proposed the use of a low-cost drone photogrammetry for the transmission line rights-of-way mapping. Aerial photogrammetry is carried out to generate a dense point cloud around the transmission lines from which a DSM (Digital Surface Model) and DTM (Digital Terrain Model) are created. The lines and nearby objects are separated using nDSM (normalized Digital Surface Model) and the noises are suppressed in the multiple image space for the geospatial analysis. The experimental result with drone images over two spans of transmission lines on a mountain area showed that the proposed method successfully generate the rights-of-way map with hazard nearby objects.

ISDS 절차에서의 인권의 권리 주장 (Introduction of Human Rights Arguments in ISDS Proceeding)

  • 신승남
    • 한국중재학회지:중재연구
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    • 제32권2호
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    • pp.85-114
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    • 2022
  • When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

항공보안요원 인권관점 실천을 위한 특화된 인권교육에 관한 연구 (A Study on Specialized Human Rights Education for Practicing Aviation Security Personnel's Human Rights Perspective)

  • 김영천;박민우;박원태
    • 한국항공운항학회지
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    • 제30권4호
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    • pp.117-131
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    • 2022
  • Human rights education is to acquire understanding and knowledge about human rights, to develop values, attitudes and character that respect human rights, to develop the ability to overcome human rights violations and discriminatory acts, and to protect and promote the human rights of others. In order to prevent human rights violations of the transportation vulnerable, such as the disabled, it is necessary to develop specialized human rights education plans for aviation security personnel to practice human rights perspectives. Therefore, in accordance with the 「National Civil Aviation Security Education and Training Guidelines」, specialized human rights education should be included in the initial aviation security education and regular education courses. The point is that there is a need to reexamine the aviation security education program for aviation security personnel based on the essential knowledge and educational contents for aviation security personnel to perform security screening tasks in the aviation security education course. When this happens, various efforts must be made to improve the human rights of the transportation vulnerable, such as the disabled, during the security screening process, so that human rights violations will be significantly reduced. In particular, it is necessary to enhance the ability to detect dangerous terrorist items such as weapons or explosives that can be used for illegal sabotage through practical security screening training. For aviation security and aircraft safety, efforts to improve the quality of aviation security personnel training, such as human rights training, must be continuously made while thoroughly preparing for terrorism in advance.

복지권의 구성과 성격 (The Construction and Characters of the Welfare Rights)

  • 안치민
    • 한국사회복지학
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    • 제55권
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    • pp.5-25
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    • 2003
  • 본 연구는 권리의 개념과 유형을 살펴보고, 인권 및 시민권 논의를 통해 복지권의 구성내용과 성격을 분석하였다. 분석 결과, 복지권의 구성 내용으로는 (1) 사회적 권리로서 사회보장권, 사회복지서비스권, 건강권, 교육권, 주거권을 (2) 경제적 권리로서 노동권, 노동시장 개입권 및 직업안정권, 자본통제권을 (3) 문화적 환경적 권리로서 문화권, 환경권을 포함한다. 그리고 복지권은 현대 시민사회에서 시민, 그리고 더 나아가서는 인간에게 부여되는 당연한 권리로서 자유권, 정치권 등 다른 권리와 동등한 가치를 지니며, 객관적으로 존재한다기보다는 구축되는 것으로 보아야 한다. 또한 복지권에는 동시에 의무도 수반되지만 그 의무는 비조건적인 성격이 강하며, 복지권에 따른 복지의 수준은 사회성원으로서 완전한 참여와 통합을 지향하는 목표로서 불평등의 지속성을 방지할 수 있는 적정수준이어야 한다.

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