Journal of Human Rights Studies 2021 KCI Impact Factor : 0.29

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pISSN : 2635-4632 / eISSN : 2765-6748
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2019, Vol.2, No.1

  • 1.

    Human Rights as Social Representations: Discourses on Human Rights in the Anti-Discrimination Act of Korea

    Kim Jongwoo | 2019, 2(1) | pp.1~33 | number of Cited : 2
    Abstract PDF
    This study is to analyze the discourses on human rights producedin the process of enacting the anti-discrimination act of Korea bysocial representation theory. This study aims to analyze the aspectof polarization of human rights discourse. In order to analyze thediscourse of human rights in Korea, the author collected about5,800 articles on the anti-discrimination act from 2000 to 2019from major Korean newspaper and other mass media to constructcorpus. The corpus analysis conducts through a text mininganalysis, which is an automated text analysis method forsummarizing a large number of the document. As a result of theanalysis, human rights have the character of polarized discoursewith the socio-political context. In particular, human rights in Koreareveal aspects of discourse that constitute a negative discourse onthe anti-discrimination act. This result shows that human rights arenot a universal concept but a controversial concept with layeredmeaning. Also, human rights have the character of social representation as interpreted and used according to the intrinsicnorm of organization. This result is meaningful as empiricalresearch that can be useful in the process of enacting human rightspolicy by revealing the discourse that ideas of layered human rightsin Korean society.
  • 2.

    Understanding Asylum Seeking Based on Sexual Orientation or Gender Identity

    Kim Jirim | 2019, 2(1) | pp.35~69 | number of Cited : 1
    Abstract PDF
    The consistent denial by the Korean Supreme Court and theSeoul Administrative Court to the claims of asylum seekers basedon sexual orientation or gender identity does not accord with theprotective purpose of the Refugee Convention. Since the possibility or sustainability of concealment of one’ssexual orientation is not purely controllable by one’s will and suchconcealment should not be forced, past experience of concealmentor future possibility of concealment shall not serve a standarddetermining risk of persecution. The Seoul Administrative Court, relying on plaintiff’s pastexperience of heterosexual experience, has decided to deny thesexual orientation of the plaintiff. Moreover, without a carefulconsideration about judicial realities regarding sexual minorities, orthe distribution and level of prejudice against sexual minorities, itsimply denies the risk of persecution of a plaintiff relying on thepossibility to receive judicial relief in the country of origin, InternalFlight or Relocation Alternative or abolition of anti-homosexualActs. These judgements by the Supreme Court and Seoul Administrative Court deviate from international standards regarding asylum claimsbased on sexual orientation or gender identity, and shall bemodified to pursue the protective purpose of the RefugeeConvention.
  • 3.

    The Movement for Human Rights as Social Labor: A Study on the Labor Health Problems of the Refugee aid Activists

    Park Kyungjoo | 2019, 2(1) | pp.71~108 | number of Cited : 0
    Abstract PDF
    Work is a dual project with amazing possibilities and dangers. Inother words, Work is a source of joy, pride, recognition and socialsolidarity that individuals need to establish their identity, and is alsoa threat to their lives and health through problems of labor safety,ranging from accidents to workaholics. This “duality” inherent inlabor can also apply to refugee aid activists, who are SocialActivist-Workers. In this article, I would like to look at thecorrelation between the characteristics of the labor process of sociallabor, considered relatively good labor, and the possibility of thelabor risk that activists, social workers, can face. Social workers arethose who reproduce society. That is why their crisis andunsustainability are likely to lead to the crisis and unsustainabilityof the lives of citizens and their society. And the crisis of thisclass is accompanied by the treatment problem of labor condition atthe center, but it has a personality that can never be returned to it. Therefore, by identifying, preventing and taking measures againstlabor health problems that Social Activist-Workers may face,building the sustainability of civil society movements based on their“good work” would be a very important task for a “good society”.
  • 4.

    The Military's Denialism to Clean Up the Past and Professionalism

    Lee Hyungsook | 2019, 2(1) | pp.109~143 | number of Cited : 0
    Abstract PDF
    The study is an analysis of the military's practice of denyingcrimes against humanity during the transition period from theperspective of military activism. Military Professionalism has beenstudied as a way to strengthen civil control over the military. Military Professionalism has a valid aspect with the military'sprocess of seizing political power and the theory of analyzingmilitary collective action after “returning to barracks.” In theprocess of defining the transition period, the military expresses theoccupational characteristics of “superiorism by perfect militaryofficers,” “battlesive proficiency” caused by a closed structure, and“expansion of responsibility” for past state violence acts. The studyanalyzes three military professional traits as examples: the death ofPrivate Heo Won-geun. South Korea is a security-oriented dividednation. The importance of security has resulted in increasing theimportance of the military among state organizations, and militaryvocationalism has led to the combined nature of the militarygradually becoming understood by the military in this political andsocial environment. As an alternative to the military's combinatorial activism in anti-human rights activities, active civilian involvement in militaryorganizations, formal apology from the Defense Ministry for pastmilitary-related state crimes and measures to prevent recurrence, andthe introduction of “internal command,” or “principles ofobedience,” presented by the German Federal Army.
  • 5.

    A Study on the Reform Plan of the Employment Permit System(EPS): Focusing on the Characteristics of Galtung's Concept of Structural Violence

    Choi Kyungsik | 2019, 2(1) | pp.145~182 | number of Cited : 1
    Abstract PDF
    It is already 28 years passed since the Korean government startedimporting the low skilled migrant workers. And also it has been 15years since the opening of the current EPS, but Korea governmentstill have the strong recommendation from UN for the correction ofthe mistreatment of migrant workers against human rights. The biggest issue with the EPS is that it comprises a largenumber of elements against human rights issues which is led bystructural problem of the system. Korean government just trying to change some legal rules andregulations within the basic structure and framework of the systemwhenever there was strong tackle of structural reform for EPS. Thisis the result of failing to see the EPS as the structure of the socialcontrol system for migrant workers. This study analyzed the human rights of migrant workers in viewof the characteristics of Galtung's concept of structural violence tosettle the structural problem. As a result of the analysis, the issue of the EPS is no longerjudged as a phenomenon of discrimination and exclusion from thepersonal dimension between employers and workers, but it is ratherto be considered a structural problem of EPS against the humanrights. Therefore, I suggest some solutions to solve the problem ofhuman rights violation caused by the structural violence constitutingthe EPS. First, the dual EPS consist of general(E-9) andspecial(H-2) EPS must be abolished. Second, Korean governmentmust consider the necessity of affirmative remedies for humanrights protection of undocumented migrant workers and femalemigrant workers who are absolutely weak in human rightsprotection. Lastly, I suggest inducing of the point-based laborpermit system gradually, and it finally must go to the SkilledWorkers Immigration system of an advanced countries such asCanada and Australia which can integrate current long term migrantworkers who have worked more than 5 years.
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