• Title/Summary/Keyword: human rights protection

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The Relationship between Human Rights Protection Trade Norms and WTO Agreement-focused on Conflict and Harmonization and Development of Domestic Trade Norms (인권보호 무역규범과 WTO협정의 관계-충돌과 조화 그리고 국내무역규범의 발전방안을 중심으로)

  • Hyun-Chul Kim;Hag-Min Kim
    • Korea Trade Review
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    • v.47 no.5
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    • pp.201-221
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    • 2022
  • This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

韓-歐FTA中与ILO相關條款紛爭及對中國的啓示

  • Go, Cheon-Cheon;Mun, Cheol-Ju
    • 중국학논총
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    • no.72
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    • pp.101-122
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    • 2021
  • Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.13 no.6
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    • pp.17-32
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

A Study on the Function of The Elder Protection Agency for the Protection of Elderly Human Rights (종사자들이 인식하는 노인보호전문기관의 기능에 대한 질적연구)

  • Park, Tae-jeong;Lee, Seo-young;Park, Hyung-won
    • 한국노년학
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    • v.40 no.4
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    • pp.761-779
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    • 2020
  • This study is a qualitative study applied with in-depth interviews and phenomenological analysis. The objective of this study was finding out the function of the elder protection agency by interpreting the meaning developed from the experience of the workers about the role of the elder protective service agency. As a result of the analysis, the essential themes were 'Struggling and working hard', 'Obstacles that cannot be lifted', and 'Reaching the time to be reborn as an organization for the elderly human rights.' The common essence of these themes is 'The road to human rights orientation: a destination that must be reached, though not easy to go.' In order for the meanings to be settled and to fit in to the community, it was suggested it is a situation in which both internal and external renewal of the institution for the protection of the elderly is most needed. In addition, much as it turned out that legal and institutional support must be provided so that the elder protection agency can be reborn as human rights organizations with more professionalism, it was proposed to follow the institutional improvement plan derived from this study.

A Study on the Recognition of Athletes toward Human Rights Violations in Korea

  • KWON, Yeon Taek;KWON, Ki Hyun;SEO, Won Jae
    • Journal of Sport and Applied Science
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    • v.5 no.2
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    • pp.31-38
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    • 2021
  • Purpose: A new form of sports human rights platform is needed for policy-related officials, athletes, leaders, and parents to easily share information on sports human rights and to promote communication between the sports community and the outside. Research design, data, and methodology: Participants were collected from athletes (n=3,007) who were registered in Korean Sport & Olympic Committee. Participants were asked to respond the survey items measuring their experiences of human right violations in sport. Descriptive analysis, t-test, and ANOVA were used to analyze data. Results: The platform should include information on prevention and safety of human rights violations during sports activities, procedures and methods for reporting damage, countermeasures, leader education programs, human rights protection guidelines, roles and supervision of sports organizations and institutions, and related statues. It can form a community as well as exchange information in the Internet space through the operation of bulletin boards by professional athletes, student athletes, parents, and leaders, and plays a role in crisis counseling or information provision. Given the reality that players can be blocked from the outside world, information communication channels on SNS can be a useful means of protecting and improving players' human rights. Conclusions: Therefore, it is necessary to provide a foundation for creating related platforms so that sports human rights sites or SNS can be operated voluntarily. Implications and future directions were discussed.

A Study on Improvement of Cadet's Human Rights Violation (실습선원의 인권침해 개선에 관한 연구)

  • Jeong Seon-Geun;Kim Jong-Kwan;Park Sung-Ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.5
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    • pp.470-478
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    • 2023
  • All people have human rights that should be protected, and today, the importance of protecting human rights is emphasized in all areas of society. The industry is also carrying out activities to protect the human rights of workers, such as implementing human rights education for human rights management and preparing a response system for human rights violations. However, due to the closed environment and special working conditions, seafarers on board are often placed in a blind spot in human rights protection. In particular, a number of cases of human rights violations concerning beginner seafarers, including cadets, have been identified, and relevant research is insufficient compared to other occupational groups. Jobs that restrict basic human rights cannot be envied by anyone. In this study, implications and problems were derived based on the results of a human rights survey of cadets, and cases of human rights violations, and improvement measures were proposed. The cadets had a very negative perception of human rights violations before boarding. However, it was found that their perception changed after boarding. It was confirmed that cadets have unnecessary fears and concerns before boarding. Improvement measures include the establishment of a legal system for the status of cadets, measures to alleviate non-physical human rights violations, improvement of human rights violations handling procedures and response systems, and enhancing the effectiveness of human rights education.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Development of a Web-based Education Program for Nurses working in Nursing Homes on Human Rights of Older Adults (노인요양시설 간호사 대상 웹기반 노인인권 교육프로그램 개발)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing
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    • v.40 no.4
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    • pp.463-472
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    • 2010
  • Purpose: This study was done to develop a web-based education program for nurses working in nursing homes. The focus was on the rights of older adults. Methods: The program was designed based on the Network-Based Instructional System Design (NBISD) model and was operated and evaluated between July 2007 and June 2008. Results: Out of nursing records of 40 residents from a nursing home, the final 7 cases were deducted through classification using the Resource Utilization Group (RUG)-III. The data on needs for education was collected from 28 nurses working in 15 nursing homes located in Seoul and Gyeonggi Province, who agreed to complete a self-report questionnaire. A comprehensive review of the literature and two focus groups interviews were used to search for risk factors and guidelines for protection of human rights. The education program was developed based on Kolb's experiential learning model and composed of 5 units, which included content on types of human rights and rights to death with dignity, elder abuse, physical liberty, and self-determination. The program was positively evaluated showing a score of 3.35 (SD=0.37) out of 4. Conclusion: The educational program developed in this study should promote nurses' sensitivity to the rights of elders and improve nurses' behaviors in protecting the rights of elders residing in nursing homes.

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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    • v.22 no.11
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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).

Internet Governance in the light of Human Rights (인권적 관점에서 본 인터넷 거버넌스)

  • Park, Seong Hoon
    • 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.

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