• Journal of Fisheries and Marine Sciences Education
• /
• v.18 no.3
• /
• pp.244-260
• /
• 2006

The main objective of this study aims at analyzing the national roles of fisheries in the global economy from the constitutional view point. Globalization provides general firms and businessmen with great opportunities that allow them to be able to plan and operate their business strategies beyond the national boundaries. WTO and FTA negotiations must be important facilitators of such globalization. However, Korean primary industries like fisheries under comparative disadvantage have a high probability that there may have to be the trade-offs between the primary and the industrial sector to maximize national benefits in the process of bilateral and/or multilateral international trade deals. Since, moreover, fishermen face strong binding constraints under which they hardly carry out fishing operations standing aloof from national boarders, they have to manage fishing businesses within their own national territory, to maintain and develop fisheries culture, and to explore their own destiny for themselves. Because of such reasons, the constitution imposes upon the State the duty to support and develop fisheries and fishing villages. Considering its article and spirit associated with fisheries(i.e. article 123), it seems unnecessary at this point in time that Korean society makes debates over national consensus for supporting fisheries. The reason is because the explicit provisions of the constitution do not allow their arbitrary interpretation depending upon interests or policy situations. However, where national support to the particular sector could not meet the expected social value system, there would be a great deal of chance to invite serious societal debates over such national commitment to the fisheries. Therefore, whether using it efficiently and realizing the socially expected policy goals must be a responsibility of both fisheries administration and fishing industries.

• Convergence Security Journal
• /
• v.16 no.7
• /
• pp.129-137
• /
• 2016

The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

• 한국사회정책
• /
• v.25 no.2
• /
• pp.165-189
• /
• 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.

• The Korean Journal of Archival Studies
• /
• no.79
• /
• pp.121-168
• /
• 2024

Record & archives management is at the heart of archival science. We must be faithful to record & archives management. However, isn't there a paradox that arises the more faithful we are to record & archives management? The paradox is that 'being a responsible manager and efficiently managing records' is rather reduces the interest in the social existence of humans who create and use such records. Why do humans produce and use records? It may be because human beings have been living with the concept of records. The concept is 'the same as the design of thoughts'. There is no need to doubt this direction because as record & archives management develops, more valuable records are preserved more systematically, and they are been served with wider scope and appropriateness. However, if we observe this situation from a human point of view rather than record & archives management, we find that humans appearing in record & archives management are limited to the object of using records. If humans are perceived differently based on the hypothesis of reviewing from the ground up, we can encounter a unique context about the relationship between humans and records or between records and humans. If it reaches the norm that human beings have dignity that cannot be transferred to anyone, have the right to pursue happiness, and must live by enjoying freedom, equality, and social basic rights, in short, if human beings are recognized from a constitutional point of view, we can newly recognize the social role and direction of records. The constitution and international human rights norms document basic human rights as the final norm and clarify that it is the duty of the state to guarantee and practice them. The social role of records from a constitutional point of view is the practice of records that proliferate basic human rights. The practice of archiving, which multiplies basic human rights, may also be a civic consciousness required of experts, but on the other hand, it can be a professional way for archival studies. If record management is a two-lane round trip, it can be said that the interaction between record management and record practice, which multiplies basic human rights, is a pioneering four-lane round trip. This article examines the practice of archiving, which has been developed in and out of record & archives management, by clearly grasping the constitutional perspective from the perspective of archival studies, and examines the social role of archival studies in this context. The social role of archival studies is to provide new linguistic rules for archiving.

• Korean Security Journal
• /
• no.14
• /
• pp.465-484
• /
• 2007

Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

• Korea journal of population studies
• /
• v.34 no.1
• /
• pp.1-25
• /
• 2011

There are two main purposes in this study. First, we compare the effects of wives' characteristics with the effects of the husbands' characteristics on the induced abortion. Second, we analyze whether the determinants of the induced abortion have changed according to parity and conception period. The main findings are follows. First, both wives' and husbands' socioeconomic characters have insignificant effects on the induced abortion at parity 0, in the 1997 and 2000 Korean Fertility Survey data. Second, during the periods of the lowest-low fertility, after 2000 in Korea, wives' employments have positive effects at parity 0 and 1, while husbands' educational levels have negative effects at parity 1 on the induced abortion. The implications are as follows. First, having children had been the universal social phenomenon before 2000 in Korea. however, after 2000, reproductions have become the women's choice, lather than the duty of married women. Women must weight the balance between the benefits and the costs of children so that women's fertility behaviors become a rational choice. Women's employment is the most important factor in these rational calculations. Second, both Western individualism and the traditional Korean familism have significant effects on the fertility behavior and the induced abortions in Korea. This rejects the diffusion theory, which tells that the traditional familism must be replaced by the Western individualism in order to decline the fertility rates in developing countries.

• The Journal of Korean Institute of Communications and Information Sciences
• /
• v.3 no.1
• /
• pp.28-30
• /
• 1978

Communication actions as a social band or Human community stick (fast) to human being ceaselessly w without stopping everywhere. All of comm. actions can be kept up and developed by the education of its own. Comm. actions have to include a character of social process, and so for it the social science should t to be some essential part of it. Therefore, Comm. education have to be schemed for achieving with a point of view of synthetical s science including technical and social factor. However, recentry Comm. education be suffered to lose of itowns essential attribute and individual i independence becausing to reduce social weight recklessly in their education It is a prindiple that Comm. science is an integrate science being composed of human, social and t technical subdepartments and so comm. education have to obey for Comm. constuctional theory, i international and social claim. Originally in Korea a educational idea and genealogy forming by the comm. scientific theory has I inherited on orthodoxy. But in 1961, communication college that is only the orthodox model of Comm. education, was f forced to close by some reckless policy and then the national administration for the Comm. education h have been weakened, and so recently it’s education became to degenerate as out of genealogy or n nonsystem alike some scattering Family. On the other side, today comm. science make to it’s modern scientific factor and to keep its l integrate level, therefore, all of educational provisions and administration for the telecomm. should t to be supplement to be fit for their plural chatacters. Comm. education have to occupy an individual educational system through the comm. theory, and t then it can be coexisted with neighbour scientific field equally and can include, connect coordinate o or effect its inference in each subfactor organically. Finally, educational system for telecommunication should to be requested as preeedence that i independent field including pluralism must be formed and sufficient autonomy be guarenteed, and s so Comm. education must be to restored its orthodox genealogy and be recovered individual system a and seIfrestraint field, and then it can be accomplished its own duty for nation and society.

• (The)Study of the Eastern Classic
• /
• no.57
• /
• pp.9-40
• /
• 2014

This article focuses on Yeheon's consideration and solution for the hostile of social circumstances during the time of the Japanese invasions. Yeheon thought that the Chosun dynasty must have faced such disorder before the war happened. People including the king and his subjects did not live their life according to the righteous principle, and the state was not under control in a way that it should accomplish the Dao. Yeheon thought that the Japanese invasion, which is more like a flood or certain disasters, was not primarily responsible for the harshest of environments. Yeheon paid his attention to the fact that even after the Japanese invasions ended, people were still in disorder losing their mind-and-heart. People's mind-and-heart became that of animals because of starvation and disease. This is because the government made people trapped in a difficult situation by forcing them to prepare for military operations, rather than taking care of them. As a result, in Yeheon's view, the main cause of the social disorder was people's lack of mind-and-heart, which brought about their actions of brutality like those of animals. Although Yeheon himself did not form righteous armies, he instead suggested a right path to overcome and solve the social disorder by describing and analyzing in detail the reality of the war as well as the problems of policies. In particular, Yeheon studied the Zhou yi at the time because understanding the principle of fortune and misfortune, as well as the rise and fall of a state, could give a proper solution to the social turmoil of his times. In Yeheon's eyes, the most important thing to do in the time of people's losing mind-and-heart was to follow li and accomplish the Dao in their daily life. And this was what he, as a gentleman, should do. Yeheon thought that in spite of the harshest of environments, one can still preserve one's grace and dignity, which would overcome one's adversity. This gives us the following questions: should one put aside one's grace and dignity to overcome wartime perils? Or in so doing, one should face more severe time after a short period of peace and stability? These questions concern the relationship between one's morality and the state's responsibility, and what is the right way of doing one's duty to the state is the main philosophical subject in this article.

• The Korean Journal of Archival Studies
• /
• no.26
• /
• pp.33-62
• /
• 2010

Buddhism was introduced in the Korea Peninsula 1600 years ago, and now there are over 10 million believers in Korea. The systematic Management of Temple Records has a spiritual and cultural value in a rapidly changing modern society. This study proposes a better management system of Buddhist temple records for the Jogye Order of Korean Buddhism. this system Not only supports transparency of religious affairs, but presents a way for a more effective management. in this study, I conducted a study on the national legislation for the preservation of buddhist temples and the local rules of religious affairs from the Jogye Order. Through this, I analyzed the problems of Buddhist records management. in the long term, to improve these problems, I purpose the establishment of temple archives be maintained by parish head offices. This study presents a retention schedule for this systematic establishment system. I present charts for the standard Buddhist records management that manage the total process systematically from the production of records to its discard. Also I present a general plan to prevent random defamation of Buddhist temple documents and impose a duty for preservation. I intend for this plan to be subject to discussion and tailored to the particular needs of temple reads. In creating these charts standard of Buddhist temple records management, I analyzed operating examples of foreign religious institutions and examined their retention periods. I also examined the retention periods and classification system from the Jogye Order. Then I presented ways for this management system to operate through computer programs. There is a need to establish a large scale management system to arrange the records of buddhist documents. We must enforce the duty of conserving records through the proposed management system. We need the system to manage even the local parish temple records through the proposed management system and the operation of the proposed archive system. This study presents research to from the basic of the preservation and the passing of traditional records to future generations. I also discovered the historical cultural and social value that these records contain. Systematically confirmed Buddhist temple records management will pave the way that these tangible and intangible cultural records handed down from history can be the cultural heritages. establishing a temple records management system will pave the way for these cultural records to be handed down to future generations as cultural heritages.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.159-193
• /
• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.