• Title/Summary/Keyword: human rights protection

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A Phenomenological Study on the Working Life of Older Wage Earners: Focusing on the Elderly in Seoul (고령 임금근로자들의 일하는 삶에 대한 현상학적 연구: 서울지역 거주 노인을 중심으로)

  • Park, Jisung;Yoon, Min-Suk
    • 한국노년학
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    • v.37 no.2
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    • pp.497-516
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    • 2017
  • This study explored the meaning and essential structure of the life of 12 older wage earners who are 65 years old or older residing in Seoul. For the in-depth analysis of the qualitative interviews, Giorgi(2012)'s phenomenological research method was used. Results presented a total of 349 meaning units, 35 core meanings, 16 emerging themes, and 6 essential themes. These essential themes consisted of a life tolerating contempt and prejudice, the hungry belly in the later years, a yoke of the subordinate, an unclimbable vertical wall, reviving the hours of youth through working, and labor pride. These six essential themes led to the essential structure of'small happiness that is felt at times out of the weary working life in later years. The research participants felt worn out by the social discrimination and unfair working conditions against older wage earners, but they felt relieved that they were able to work in old age and had a sense of self-esteem through their work. Working was the important tools for older wage earners to experience happiness in later years because it not only relieved their financial burden but also brought a sense of self-esteem and labor pride. Based on the results, we suggested as following: 1) with respect to social discrimination and unfair working conditions against older workers, the whole society should discuss it as the protection of human rights and take legal actions; 2) various service jobs need to be created so that older workers can contribute to the society by utilizing their experiences; and 3) educational programs of computer or internet use must be expanded through which older wage earners can improve their job skills.

The review of the 2016 amended Korean Mental Health promotion Act from the Perspective of Human Rights and Inclusion of Persons with Mental Disabilities (정신장애인의 인권과 지역사회통합의 관점에서 본 2016년 정신건강증진법의 평가와 과제)

  • Park, Inhwan
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.209-279
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    • 2016
  • The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

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Cultural Identity that appear in Latin American Fashion: With a focus on the Mexican brands, Taller Flora and F$\acute{a}$brica Social

  • Kim, So-Ra
    • International Journal of Costume and Fashion
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    • v.13 no.1
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    • pp.61-79
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    • 2013
  • This study takes a look at the distinct and exclusive culture of Latin America, with a specific focus on Mexico, and attempts to understand its unique cultural identity by comparing, analyzing, and evaluating the characteristics of the Mexican fashion brands, Taller Flora and F$\acute{a}$brica Social, which are brands that have actively used the Latin American cultural identity in its designs. The research method was as follows: 1) performing literature research with specialty publications and thesis that dealt with the two brands 2) analyzing the contents of various articles from the Internet and interviews related to the brands. Thus, this research attempts to understand the characteristics of the fashion brands that use the cultural traits of Latin America in order to dissect its methods and find a way to apply it so that it can be used in different cultures, and in effect, lead to the advancement of the fashion industries, in general. Taller Flora and F$\acute{a}$brica Social are two brands that are able to stand out with a distinct identity by applying traditional native Latin American qualities in its products, as well as its products reflecting a respectful and balanced relationship between people and nature. The characteristics of the two brands are as follows: 1) showing the concept of "the coexistence of diversity" by expressing "the old and the new", "simplicity and flash", and "melding of the Western culture via colonialism and traditional cultures of the aboriginals and other diverse native cultures" 2) achieving "the recovery of the human dignity" by protecting the human rights of the native female artisans and building a network for equality 3) pursuing "free naturalism" by balancing the natural provision of nature and man in addition to promoting environmental protection and conservation of goods 4) becoming "the bridge between communication and exchange" by connecting the artisan, the designer and the consumers together, or the producer and the market, as well as the different cultures of markets from diverse countries.

ESG Variables Selection for Container Port Using WNA (워드네트워크 분석을 활용한 컨테이너부두 ESG 변수 선정)

  • Shin, Jong-Bum;Kim, Kyung-Tae;Kim, Hyun-Deok
    • Journal of Korea Port Economic Association
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    • v.39 no.2
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    • pp.15-23
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    • 2023
  • In a situation where the necessity and importance of ESG management is increasing recently, it is judged that selecting important ESG-related variables for container terminals, which are the bases of export and import logistics, among various variables of ESG evaluation agencies will help to establish ESG management strategies for container terminals which led us to proceed with this study. The results of word network analysis are summarized as follows. The weighed degree, that is, the AWD of Environmental management(E) variables, is obtained in the order of Environmental Protection Investment(54), Environmental Awareness Education(45), Work Team Structure(31), Environmental certification(32). Page Ranks, the order of centrality and connectivity index is Environmental Awareness Education(0.0765), Employee Engagement(0.0765), Environmental Protection Investment(0.0761), Work Team Composition(0.0761), and Environmental certification(0.0761). The AWD(Average Weighed Degree) of the Social Responsibility Management(S) variables, followed by Protecting workers' human rights and contributing to local communities(68), Safety Education(63), Safety certification(59), and Responding to infectious diseases(40). Orders by Page Ranks, centrality and connectivity Index, are Protecting workers' human rights and contributing to local communities(0.165), Safety Education(0.153), Safety Certification(0.144) and Responding to infectious diseases(0.102). The AWD of Governance and Ethical management(G) variables, followed by Anti-corruption(27), Transparent management(24), Mutual cooperation between stakeholders(19), and Sustainability reporting(9). Page Ranks, the order of centrality and connectivity index is the Anti Corruption(0.241), Transparent management(0.216), Mutual cooperation between stakeholders(0.174), Directors' roles and responsibilities(0.105), Shareholder protection(0.097) and Sustainability Report(0.096).

Changes in Child Care Compensation Criteria by the German Constitutional Court (독일 연방헌법재판소에 의한 자녀 양육비 보상 기준의 변화)

  • Lee, Shinyong
    • 한국사회정책
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    • v.25 no.2
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    • pp.165-189
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    • 2018
  • Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

International Legislative Trends on Responsible Business Conduct (RBC) and its Implications on Policy (기업책임경영(RBC)의 국제입법동향과 정책적 시사점)

  • AHN, Keon-Hyung;JOE, In-Ho;KWON, Hee-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.199-224
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    • 2017
  • As Multi-National Enterprises expanded their investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation's charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small and medium sized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It's necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.

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Right-relief System of the Disputes to the Reviewing Medical Expenses in Health Insurance (건강보험 진료비 청구 및 심사지급에서의 권리분쟁과 구제)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.119-164
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    • 2007
  • Improving the formal objection system regarding reviewing medical expenses requires authority and confidence in the aspect of well-functioning the health insurance review and assessment system, legally and appropriately. The purposes of improvement of the formal objection system should aim for protecting the people's right of health. On handling the formal objections, the disputes of the rights should be settled economically and promptly by fairness, specialty, and objectivity in the health insurance review and assessment administration. Therefore, in order to promote the administrative specialty of health insurance, the formal objection committee needs to be organized independently and guaranteed expertly. Under the current formal objection system, however, the organization of committee lacks right-relief function, recognition and public relation as a health insurance appeal system, and related professional man powers. It is also analyzed that there are several controversial points, such as mass deliberation to the formal objection committee and its conference procedure. As a measure of improvement, it is analyzed that the committee needs to be organized independently with a proper number of professional man powers. The strict deliberation procedures and the prohibition of the decision-making by non-conference are also required to be empowered. The formal objection procedure provides the beneficiaries and the claims legitimately, so that it secures the legal relations on the health insurance system. Therefore, on the conference process of formal objection, the expert and guaranteed protection should be provided promptly, and its procedures to the appellants should also be assisted kindly.

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Identifying business ethics components according to business area for small and medium-sized fashion companies (중소 패션기업의 업무영역별 비즈니스 윤리 요소 도출)

  • Kim, Soo-Kyung;Yoh, Eunah
    • The Research Journal of the Costume Culture
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    • v.27 no.5
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    • pp.415-432
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    • 2019
  • The purpose of the present study was to generate a list of business ethics components according to business area for small and medium-sized fashion companies. Based on the literature review, 21 components of business ethics components were identified within five business areas. Ten CEOs(Chief Executive Officers) each participated in an in-depth interview, sharing ethical and unethical cases from their own businesses. Constant comparative analysis was used to generate important business ethics components from those cases. In results, important business ethics components for each business area are: 1) using human-friendly materials, strengthening sustainable technologies, using vegan materials, concerning safe process, and reducing waste in the material production and sourcing area, 2) enhancing an efficiency in design, developing recycle/reuse designs, avoiding to copy designs, and using messages for public interest in the product design area, 3) concerning fair-trade, reducing harmful substance, saving energy, and using ethical supply channels in the distribution and logistics area, 4) acquiring certifications, promoting consumer protection, avoiding exaggerative/false advertisements, and promoting social contributions in the management and marketing area, and 5) promoting workers' rights, complying with the law, and investing on employee educations in the labor management area. All of the ethical and unethical cases of the ten companies have involved aspects of the 21 components, thereby enhancing understandings on how each issue is being seriously considered and/or handled in the small and medium-sized fashion companies. Study findings may provide a basis for development of a research model for quantitative studies and/or educational programs related to business ethics in the fashion industry.

An Exploratory Investigation of Archival Reference Services in the National Archives of Korea (국가기록원의 기록제공서비스에 관한 탐색적 연구)

  • Seol, Moon-Won
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.3
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    • pp.103-124
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    • 2022
  • This study aims to suggest the use-based policies for archival reference service by investigating the actual archival uses and services of the National Archives of Korea (NAK). Considering that there is little information on the overall archival reference service by NAK, an exploratory research method is adopted to understand the current status and issues of the service. In this study, the use of archival records in NAK is investigated from statistical data, and service cases by record type are collected through interviews with archival service professionals of NAK. Then, the success and risk factors of the archival reference service are analyzed in three categories of human resources (reference archivists' competency), tools (finding aids), and records (appropriateness and sufficiency). Based on these analyses, archival reference service policy directions are proposed to strengthen the two different archival roles as "arsenal of rights protection" and "academic information provider."

A Study on the conceptualization of disability of the Mental Health Act and Related Laws (정신장애인 관련 법령의 정신장애개념과 정신보건법의 정신장애개념 개정방향에 관한 연구)

  • Kim, Moon Guen
    • Korean Journal of Social Welfare Studies
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    • v.44 no.2
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    • pp.297-326
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    • 2013
  • The purpose of this study was firstly to analyse the conceptualization of disability of the Mental Health Act and related laws and to suggest revision of the definition of psychiatric disability of Mental Health Act to improve the protection of human rights and welfare of the people with psychiatric disability. For these purposes this paper reflected on the disability models of WHO(1980, 2001) and multiple paradigm of disability of Priestley(1998) and suggested a new conceptualization of disability consists of impairment, functional disability, and social interactional disability. Based on the analyses of conceptualizations of psychiatric disability of related laws, this study suggested revision of Mental Health Act to distinguish between mental disorder and psychiatric disability, to introduce the definition of mental capacity, and to expand the conceptualization of social interactional disability.