• Title/Summary/Keyword: rights practice

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The Minority's struggle for recognition in the life history of Korean-Chinese female leaders (재한 중국동포 여성단체장의 생애사에 나타난 소수자의 인정투쟁)

  • Huang, Haiying;Kim, Youngsoon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.9
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    • pp.509-518
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    • 2017
  • The purpose of this study is to investigate the experience of recognition struggle, which is a positive interaction with Korean society, through the life history research of the researcher ' The study was conducted as a narrative - life history analysis method. Life history data were collected through in-depth interviews. As a result of the study, the lifetime of the life history research subject, as a result of the constant challenge, considered Korea as the opportunity land and voluntarily migrated to Korea. He can analyze Korea as a fierce life to gain recognition by utilizing positive adaptation strategies. In other words, through the positive interaction of recognition struggle, he negotiated with the mainstream society and established his identity through positive experiences. In addition, through group activities, we have endeavored to protect the rights of the individual as well as the whole society and to improve the image and to integrate with the mainstream society. Through this reconstruction of life history, we can understand the life situation of Chinese leaders and know about the qualities they want to receive in Korean society. Therefore, it is suggested that this reconstruction of life history implies social welfare practice.

Comparative Analysis of Trade-Labor Linkage in FTAs of the US and EU (미국과 EU의 FTA에 나타난 무역-노동기준 연계에 관한 비교 분석)

  • Kang, Yoo-Duk;Ko, Bo-Min
    • Korea Trade Review
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    • v.41 no.3
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    • pp.1-25
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    • 2016
  • This study reviews international discussions about the trade-labor linkage and examines the labor chapters of FTAs enforced by the US and the EU from a comparative perspective. Since early 1990s, starting from the NAFTA, the US has included forceable labor provisions in its FTAs and this trend continues to the TPP which was concluded in October 2015. On the other hand, the EU's labor provisions in its FTAs have been composed of promotional elements on labor rights based on cooperations and dialogues. These different features of labor provisions in the US and European FTAs are mainly due to the motives of the FTAs of the US and the EU respectively as well as their domestic situations with regards to domestic law and institutional set-ups. The coordination of labor provisions involves a long-term institutional as well as regulatory convergence which triggers not only economic but also social changes, compared to a relatively short-term effect of tariff elimination. For Korea which has been a FTA partner country both with the US and the EU, it is significant to keep the different characteristics in the labor provisions in mind, particularly in the process of its implementation. Concerning the implementation of Korea-US FTA, it might be problematic if Korean law and its regulatory practice on labor-management relations do not comply with that of the US. The Korea-EU FTA case can also have an indirect impact on Korea's labor laws since it stipulates in its provisions that both parties should have discussions not only within each government but also with the civil communities including NGOs. Thus, Korea should pay more attention to the true meaning in labor provisions of both FTAs in order to promote its firms to be equipped with the right labor-management system in their operations abroad.

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The Relationship between Transgressive Behaviors of Humanity and Moral Anger in Korean Culture ('사람됨' 준거 위반과 도덕적 정서로서의 화(火)의 관계 분석)

  • Kibum Kim ;Hyojin Im
    • Korean Journal of Culture and Social Issue
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    • v.11 no.3
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    • pp.1-21
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    • 2005
  • Many researches have argued the most important dimension of perception or evaluation of person is morality and competence in Korean culture. This study was to investigate the cultural characteristics of the criteria of personhood. Two studies were conducted to investigate the criteria used to evaluate person by qualitative approach and the differences of evaluation of wrongdoer who violates interpersonal norm or individual autonomy by experimental method. In addition, anger as emotional response to wrongdoer is conceptualized in terms of moral and self-conscious emotion. Expression of anger is less an outpouring of emotion and more a culturally regulated and normative mode of managing and putting into practice our society's system of rights and obligations - its moral code. According to results of qualitative data by interview and focus group interview, the most important criteria used to evaluate personhood was interpersonal concern, esp, expectation and norm. The results of experiment revealed that violation of interpersonal norm domain evoked angrier towards violator than autonomy domain. The subjects ascribed more blame and responsibility to interpersonal norm violator than autonomy keeper. Also function of behavior inhibition of anger was higher in interpersonal norm domain than autonomy domain.

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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Research on the Ethical Characteristics of 'Mutual Beneficence' Shown in the Principle of 'Guarding against Self-deception' in Daesoon Thought: in Comparison to Kantian and Utilitarian Ethical Views (대순사상의 무자기(無自欺)에 나타난 상생윤리 - 칸트와 밀의 윤리관과의 대비를 중심으로 -)

  • Kim, Tae-soo
    • Journal of the Daesoon Academy of Sciences
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    • v.27
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    • pp.283-317
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    • 2016
  • This research is an attempt to detail the multi-layered ethical characteristics of 'mutual beneficence', shown in the principle of 'guarding against self-deception' in Daesoon Thought while focusing on its major differences as well as the similarities with Kantian and Utilitarian ethical views. In these Western ethical perspectives, the concept of self-deception has received a considerable amount of attention, centering on the context of natural rights and contract theory. Meanwhile, in Daesoon Thought, 'guarding against self-deception' is presented as one of the principal objectives as well as the method or deontological ground for practice. It further encompasses the features of virtue ethics oriented toward the perfection of Dao. Here, the deontological aspect is interlinked with the concept of cultivation and the pursuit of ethics and morals. Hence this makes it a necessary condition for achieving the perfection of Dao, and likewise renders the practice of 'guarding against self-deception' more active through facilitating mutual relations based on the expansion model wherein human nature is characterized as possessing innate goodness. With regard to the tenet of 'resolution of grievances for mutual beneficence,' this concept is presented as a positive ground for practicing virtues toward others without forming grudges. Furthermore, as long as it reveals the great principle of humanity built on conscience, it will come to harmonize practitioners with others and spirits in an expression of beneficence. Moreover, originating in the Dao of Deities, guarding against self-deception is expressed as a form of life ethics and can be suggested as a new alternative for the model of virtue ethics proposed by Nussbaum. All in all, there is a natural causal relationship by which 'guarding against self-deception' in accord one's own conscience and the principle of humanity as a pursuit of perfect virtues in Dao result in the fulfillment of mutual beneficence. This readily akin to how gravity causes water to flow from high ground to low ground. Consequently, these relational features of mutual beneficence can serve an effective alternative to the Western ethical views which also address the need to overcome the egoistic mind which is liable to self-interest and alienation.

Analysis of dose reduction of surrounding patients in Portable X-ray (Portable X-ray 검사 시 주변 환자 피폭선량 감소 방안 연구)

  • Choe, Deayeon;Ko, Seongjin;Kang, Sesik;Kim, Changsoo;Kim, Junghoon;Kim, Donghyun;Choe, Seokyoon
    • Journal of the Korean Society of Radiology
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    • v.7 no.2
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    • pp.113-120
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    • 2013
  • Nowadays, the medical system towards patients changes into the medical services. As the human rights are improved and the capitalism is enlarged, the rights and needs of patients are gradually increasing. Also, based on this change, several systems in hospitals are revised according to the convenience and needs of patients. Thus, the cases of mobile portable among examinations are getting augmented. Because the number of mobile portable examinations in patient's room, intensive care unit, operating room and recovery room increases, neighboring patients are unnecessarily exposed to radiation so that the examination is legally regulated. Hospitals have to specify that "In case that the examination is taken out of the operating room, emergency room or intensive care units, the portable medical X-ray protective blocks should be set" in accordance with the standards of radiation protective facility in diagnostic radiological system. Some keep this regulation well, but mostly they do not keep. In this study, we shielded around the Collimator where the radiation is detected and then checked the change of dose regarding that of angles in portable tube and collimator before and after shielding. Moreover, we tried to figure out the effects of shielding on dose according to the distance change between patients' beds. As a result, the neighboring areas around the collimator are affected by the shielding. After shielding, the radiation is blocked 20% more than doing nothing. When doing the portable examination, the exposure doses are increased $0^{\circ}C$, $90^{\circ}C$ and $45^{\circ}C$ in order. At the time when the angle is set, the change of doses around the collimator decline after shielding. In addition, the exposure doses related to the distance of beds are less at 1m than 0.5m. In consideration of the shielding effects, putting the beds as far as possible is the best way to block the radiation, which is close to 100%. Next thing is shielding the collimator and its effect is about 20%, and it is more or less 10% by controlling the angles. When taking the portable examination, it is better to keep the patients and guardians far enough away to reduce the exposure doses. However, in case that the bed is fixed and the patient cannot move, it is suggested to shield around the collimator. Furthermore, $90^{\circ}C$ of collimator and tube is recommended. If it is not possible, the examination should be taken at $0^{\circ}C$ and $45^{\circ}C$ is better to be disallowed. The radiation-related workers should be aware of above results, and apply them to themselves in practice. Also, it is recommended to carry out researches and try hard to figure out the ways of reducing the exposure doses and shielding the radiation effectively.

A study on Operation Rules of Korean Air Defence Identification Zone (한국 방공식별구역 운영규칙에 관한 고찰)

  • Kwon, Jong-Pil;Lee, Yeong H.
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.189-217
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    • 2017
  • Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

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A Study on How to Cope with the Abusive Call on On-demand Bonds (독립적 보증과 그 부당한 청구에 대한 대응방안 연구)

  • KIM, Seung-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.261-301
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    • 2016
  • Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

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American Culture at the Crossroad : Debates over NEA(National Endowments for the Arts) (미국 문화, 그 기로에 서서 - NEA(국립예술진흥기금)를 둘러싼 논쟁 중심으로)

  • Kim, Jin-A
    • The Journal of Art Theory & Practice
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    • no.4
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    • pp.33-56
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    • 2006
  • The cultural debates between conservatives and liberals at the end of the 1980s and in the early 1990s were termed as "culture wars." The "culture wars" involved a diverse range of controversial issues, such as the introduction of multicultural curricula in educational institutions, prayers in schools, whether to allow gays to serve openly in the military, and whether abortion should be permitted. The most heated debates of the "culture wars" regarding art raged over the NEA and the question of whether Andres Serrano's works should have been publicly funded, in addition to the exhibition "Robert Mapplethorpe: The Perfect Moment" which were charged as projecting "obscene" or "blasphemous" images. This paper examines the development of culture wars in art and focuses on several issues invoked by the NEA debates. However, it is not a detailed chronological investigation. Rather it pays attention to the several phases of the debates, analyzing and criticizing the clashes of the political and esthetical points of views between conservatives and liberals. How could NEA funding, a mere fraction of the federal budget, have become so critical for both sides(conservative and liberal), for politicians and artists' groups, and for academics and the general public? The art community was astounded by this chain of events; artists personally reviled, exhibitions withdrawn and under attack, the NEA budget threatened, all because of a few images. For conservative politicians, the NEA debate was not only a battle over the public funding of art, but a war over a larger social agenda, a war for "American values and cultures"based on the family, Christianity, the English language, and patriarchy. Conservative politicians argued the question was not one of "censorship" but of "sponsorship," since the NEA charter committed it to "helping museums better serve the citizens of the United States."Liberals and art communities argued that the attempt to restrict NEA funding violated the First Amendment rights of artists, namely "free speeches." "No matter how divided individuals are on matters of taste," Arthur C. Danto wrote, "freedom is in the interest of every citizen." The interesting phase is that both sides are actually borrowing one another's point of view when they are accompanied by art criticism. Kramer, representative of conservative art critic, objected the invasion of political contents or values in art, and struggled to keep art's own realm by promoting pure aesthetic values such as quality and beauty. But, when he talked about Mapplethorpe's works, he advocated political and ethical values. By contrast, art experts who argued for Mapplethorpe's works in the Cincinnati trial defended his work, ironically by ignoring its manifest sexual metaphor or content although they believed that the issues of AIDS and homosexuality in his work were to be freely expressed in the art form. They adopted a formalistic approach, for example, by comparing a child nude with putti, a traditional child-angel icon. For a while, NEA debates made art institutions, whether consciously or unconsciously, exert self-censorship, yet at the same time they were also producing positive aspects. To the majority of people, art was still regarded as belonging to the pure aesthetic realm away from political, economical, and social ones. These debates, however, were expanding the very perspective on the notion of what is art and of how art is produced, raising questions on art appreciation, representation, and power. The interesting fact remains: had the works not been swiped in NEA debates, could the Serrano's or Mapplethorpe's images gain the extent of power and acceptance that it has today?

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The Study on The Cyber Communities of Migrant Workers in Korea (한국 이주 노동자의 '사이버 공동체'에 관한 연구)

  • Lee, Jeong Hyang;Kim, Yeong Kyeong
    • Journal of the Korean association of regional geographers
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    • v.19 no.2
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    • pp.324-339
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    • 2013
  • This study aims to investigate the characteristics of cyber communities composed of migrant workers from communities without propinquity in Korea. Its methods are both qualitative and quantitative. It further seeks to discover the relationship between the social capital formed and reproduced within these cyber communities and participants' cultural adaptation to Korean society. The study revealed that ethnic and non-ethnic communities differed in terms of strength of cohesion, space constraints, and links with the outside world. The former showed characteristics of a localized community type. The main motivations for migrant workers' participation in the ethnic cyber community were communication and friendship rather than cooperation and sharing among members. They usually used cyber communication media to communicate with one another. Conversely, the latter showed characteristics of an integrative type. Despite the difficulties in applying for membership and information provided in Korean, a high percentage of migrant workers participated in the community to obtain crucial information. The results did not show a significant correlation between social capital and migrant workers' traits within the cyber community, while a strong correlation emerged among four factors of social capital: faith, norms, networking, and political participation. The study showed that social capital in the cyber community was in direct proportion to an integrative type of cultural adaptation to Korean society. In particular, there was a strong connection between the cultural adaptation exhibited by members of the migrant subculture and their participation in discussions on political issues and human rights, with some migrants even functioning as agents of social change as participants in citizens' movements. The findings suggest that the cyber community facilitates the migrant subculture's communication with and integration into the indigenous Korean culture. Migrant workers' participation in the cyber community is therefore validated as an instrumental practice for members of this subculture to adapt to Korean society.

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