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The National Protection of Human dignity and its Task

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 54(), pp.479-500
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hwan Myoung Pyo 1

1제주대학교

Accredited

ABSTRACT

The Modern constitution is implicitly and explicitly based on human dignity and values as the highest one of several values of constitution. The Korean Constitution has also declared at the preface on volume of  Human Right , "All people, as human beings, have human dignity and values (Art. 10). Yet, there are still parts which have not been clearly established on them, because such problems may come not only from abstract, uncertain regulations on human dignity and value, but also from difficulty identifing the nature of human beings and determining contents of human dignity and values. So, there have been constant discussions to establish obvious constitutional meanings of human dignity and values, and the Korean Court has also been making an effort to find out and lesson the problems even from a basic point. This paper investigates the tasks of national protection concerning those problems, in the center of human dignity and values as the object of national protection. For this, this paper first prioritizes to define a constitutional meaning of human dignity and values, points out what the meaning of human beings in Constitution is, and then establishes concepts and contents of human dignity and values. This paper discusses as well the ensuing poblems or issues, insisting the Human Right based on the grounds of the Korean Constitution as well as norms of human dignity and values. In additon, based on a normative examination of human dignity and values, this study tries to set up protection catagories and standards as a national protection duty, and further to look for solutions about the current issues of debates, a embryo and a treatment for life extension.

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