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The Proper Range of Freedom of Speech in a Multicultural Society (2017.12)
- Author : Nam-Kook Kim
- Journal : Journal of International and Area Studies
- Publisher : Institute of International Affairs, Seoul National University
- Volume : 26(4)
- Publication Date : December, 2017
- Abstract : This article discusses the relationship between freedom of speech, hate speech, and freedom of religion through the Danish cartoon affair and Charlie Hebdo terrorist attack. The author tries to find the proper range of freedom of speech beyond a simple dichotomy between freedom of speech and blasphemy in a multicultural society. The aforementioned events and their aftermaths show that freedom of speech can be limited by the regulation of hate speech, and that the guideline of such regulations would be a given identity like race, ethnicity, gender and region, which one could not choose by oneself. Religion in modern western tradition, on the other hand, belongs to a non essential factor of identity that one can choose and convert anytime. While it can be the target of criticism for this reason, in this case one should make a distinction between criticism against religion itself and criticism against people who follow that religion. While the former can be protected under the freedom of speech, the latter can not be protected and becomes an object of hate speech regulation. Although legal regulation can bring about some effects through its symbolic message, the law itself functions to prohibit certain values or action as well as to produce prohibited value or action at the same time. Therefore we should focus more on deliberation and subversion reasoning than on regulation through law. The conditions to participate in deliberation such as mutual respect, rational dialogue, and political rights between social minority and majority, natives and newcomers will both enhance the political legitimacy of decision making procedure in various democratic political communities. In addition, through such deliberation, we can reach a consensus of how freedom of speech as an abstract principle would be interpreted and implemented given the local context in a more concrete way.
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The Abe Administration’s Diplomacy and Security Policy: National Security Council, the Right of Collective Self-defense, and the Revision of the Constitution (2017.12)
- Author : Jingoo Cho
- Journal : Dongbuga Yeoksa Nonchong
- Publisher : Northeast Asian History Foundation
- Volume : 58
- Publication Date : December, 2017
- Abstract : Since the second Abe administration was formed in December 2012, the foreign security policy of Japan has demonstrated a grand transformation in terms of its contents and structure.
Structurally, Japan established its National Security Council on December 4, 2013, by taking the National Security Council of the United States as the model, and newly launched in January 2014 the National Security Secretariat, which is the working-level supporting organization for the NSC. In terms of content, Japan adopted the National Security Strategy, the comprehensive guideline for the diplomatic affairs and defense policy, on December 17, 2013, for the first time in its history.
Moreover, on July 1, 2014, the Japanese government made the Cabinet-level decision to approve the right of collective self-defense by revising the conventional interpretation of its constitution which prohibits any extraterritorial exercise of the right of defense of the Self-Defense Forces. At the 2+2 Meeting between Japan and the United States on April 27, 2015, both states agreed to revise the Guidelines for the U.S.-Japan Defense Cooperation, which was established in November 1978 and revised in September 1997.
These changes will be the core transition point of the post-war Japanese security policy. It is important for Korea to pay attention that they have the possibility to bring about a structural transformation of international relations in East Asia including the Korean Peninsula.
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North Korean Refugee’s Attitude to Welfare in South Korea (2017.12)
- Author : Sung-woo Lee
- Journal : Journal of Peace and Unification Studies
- Publisher : Institute for Peace and Unification Studies, Seoul National Univeristy
- Volume : 9(2)
- Publication Date : December, 2017
- Abstract : This paper is a introductory study what any factors have a crucial effect on welfare attitude of North Korean refugees in South Korea. This paper uses two indicators – government responsibility on income gap, preferences on nine welfare policies – as dependent variables. Independent variables use several variables of objective economic status and subjective economic judgement. Objective variables are income, employment status, some experience of some welfare services. Subjective things are perception on social income gap, attitude on market economy, prospects on national economy, prospects on household economy, social status in North Korea, social status in South Korea. This paper finds that employment status, experiences of welfare services among objective variables have some significant effects on welfare attitude of North Korean refugees and that significant variables among subjective things are perception on social income gap, social status in South Korea. Depending on this results, this paper argues that changes of welfare attitude of North Korean refugees in South Korea depends on perceptions of economic stability and understanding on South Korean society.
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Debates over the Relationship between Fundamental Rights and State Power Regulations in the Weimar Constitution (2017.12)
- Author : Hyang Mi Oh
- Journal : Journal of Parliamentary Research
- Publisher : Korea Parliamentary Research Institute
- Volume : 12(2)
- Publication Date : December, 2017
- Abstract : This article reviews debates over the internal coherence of constitutional law that accepts fundamental rights alongside the regulation of a political power system. Its object is a modern written constitution, the German Weimar Constitution, which encompasses comprehensive fundamental rights, including active rights with moral and philosophical contents, as well as traditional passive rights. The modern written constitution regulates abstract and philosophical human rights along with political power, which cannot be wholly ruled. As a result, constitutional theoretical problems appear, namely problems of infringement or limitation of fundamental rights through legislation, constitutional amendments, and emergency powers. The collision between the regulation of powers and fundamental rights in the development of modern written constitutions is manifested in different way in the modern state, but the debates over the collision in the Weimar Republic remind us that the extension of fundamental rights is inalienable from the alteration of a power system, an issue which is key to constitutional amendments in Korea today. The regulation of political rights influences power formation, and the extension of active rights allows a state to intervene widely in individual life, possibly bringing about an expansion of judicial power not authorized under political rights.
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Background and Implications of the Development of the Hyunmoo Missile (2017.11)
- Author : Jiil Kim
- Journal : Strategic Studies
- Publisher : Korea Research Institute for Strategy
- Volume : 73
- Publication Date : November, 2017
- Abstract : In its early days, Chun Du-Hwan’s administration downsized the Agency for Defense Development (ADD), which played a pivotal role in the independent local development of weapons, particularly missiles. Just a few years after that, the government rushed to expand the ADD again and develop the Hyunmoo Missile. The present research analyses the reasons for this turn. Specifically, the article has the following two objectives. First, to apply to the development of the Hyunmoo Missile the practical principles that formed between Korea and the U.S. with the signing of the Korea-U.S. Missile Memorandum of Understanding during Park Chung-hee’s administration and analyse the implications. Second, to clarify the facts leading to the development of the Hyunmoo Missile during Chun Du-Hwan’s administration and correct existing inaccuracies in historical records. To perform these tasks, the study employs thorough literature analysis in search for answers, making maximum use of declassified documents and filling the missing parts with primary materials.
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A Comparative Study on Max Weber’s and Fukuzawa’s Interpretation of Confucianism (2017.11)
- Author : Chi-won Choi
- Journal : The Korean Review of Political Thought
- Publisher : Korean Society for Political Thought
- Volume : 23(2)
- Publication Date : November, 2017
- Abstract : Weber and Fukuzawa explore Chinese Confucianism from the perspective of ‘Idee’ and ‘spirit’. Weber’s method is characterized by ‘value discussion’, ‘discussion of value judgment’ or ‘value interpretation’, whereas Fukuzawa’s by ‘value judgment’. Weber is skeptical about modernity and enlightenment, whereas is optimistic. Despite their different positions, they have a common view that traditional values lose their meaning in modern times. This is reflected in their understanding of Confucianism, which can be conceptualized as ‘fundamentalism’, ‘traditionalism’, ‘self-contradictory idea of rule’ and ‘the quality of philosophy’ or rationalism of patrimonial bureaucratic politics. Especially, Fukuzawa tries to ‘overthrow the traditional theory from the root’ and to ‘open a new civilization.’ In this attitude, there is reflected the position of the young warrior who despises the pedantry in Confucianism. Despite the controversy over Weber’s and Fukuzawa’s understanding of Confucianism (among other things, the so-called Western-centrism), it can be emphasized that one thing in common that they accept the ‘absolute polytheism’ of values, acknowledging the diversity of the world and showing an open attitude toward the world.
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The Partisanship of Media and Muckraking Journalism (2017.08)
- Author : Gyu Jeong Yee
- Journal : Dispute Resolution Studies Review
- Publisher : Dankook Center for Dispute Resolution
- Volume : 15(2)
- Publication Date : August, 2017
- Abstract : This study comprehends the partisanship of media through the relation to the political party, purposes to analyze the effect of muckraking journalism by means of partisanship in presidential election. This article analyses party-media parallelism and political influence of media coverages about `the scandal of military service evasion of Lee Hoi-chang` in 16th presidential election, `the scandal of real owner of BBK` in 17th presidential election, and `the comment of NLL abandonment` in 18th presidential election. When the presidential election is imminent, it shows strong party-media parallelism with the political orientation and interests between the liberal media and liberal political party, conservative media and conservative political party. In the 16th presidential election, muckraking journalism appeared for liberal media to attack conservative party candidates, which affected the candidate`s decline in approval ratings. In the 17th presidential election, the muckraking journalism appeared in the process of the preliminary election of conservative party, the muckraking journalism of liberal media influenced the fall of conservative party candidate`s approval ratings. In the 18th presidential election, muckraking journalism appeared for conservative political parties and conservative media to attack the candidates of the liberal party, and the candidate`s approval rating were declined.
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The Possibility and Regulation of Hate Crimes in Korea (2017.08)
- Author : Gye-Won Jo
- Journal : Korean Journal of Law & Society
- Publisher : Korean Law & Society Association
- Volume : 55
- Publication Date : August, 2017
- Abstract : This paper aims to examine the possibility of hate crimes in Korean society and suggest a legal measure to regulate them. Hate crimes are criminal acts that occur when a perpetrator`s prejudice is motivated, and also referred to as bias crimes. The offences can be committed in whole or in part by prejudice, based on race, religion, disability, sexual orientation, nationality, ethnicity, gender, gender identity, or other characteristics. Although typical forms of hate crimes in Korean society are still very rare, there is a possibility that hate crimes will become social problems for following reasons. First, random crimes can turn into hate crimes. In fact, among the crimes classified as random crimes, it is possible to find cases in which hatred of a particular group such as a woman is presumed to be motive of crime. Second, as the number of foreigners and immigrants living in Korea increases, the phenomenon of xenophobia, which is unreasonable fear or hatred of foreigners, is emerging. In the United States and Europe, the xenophobia is associated with racism and right-wing extremism, resulting in political and social conflicts. In the case of Korea, discourses of anti-multiculturalism are increasing, and even claims which encourage violence are found. Third, hate speech and incitement to discrimination are spreading around the Internet. Considering this situation, Korea also needs to prevent hate crimes by enacting a hate crime law. The hate crime law can reduce the expressive effects of hate crimes and provide a wide range of deterrence effects by conveying a social message that our society does not tolerate these crimes. The hate crime law also helps to restore victim`s confidence trust in society by forming a perception that such crimes must be punished, and reduces the anxiety about being a potential victim that group members who share a particular characteristic with victim may have.
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