Cases on loss of nationality in the European Court of Human Rights

( Kim Houn-joung ),( Choi Yoon-cheol ) 건국대학교 이주사회통합연구소 2022 Journal of Migration and Social Integration (JMSI) Vol.7 No.2

The nationality system is basically determined through the laws of a country. However, the powers of these countries are not without restrictions, and special attention will be required from the viewpoint of guaranteeing fundamental rights, especially in the case of loss of nationality that has already been acquired. Due to the legislative trend, such cases occur more frequently in relation to migration. In this article, the precedents of the European Court of Human Rights, which have relatively much experience, were reviewed in order to draw reference materials for the rights, examination standards, and considerations applied to the case of losing a person’s nationality against the will of the person concerned. The European Court of Human Rights treats the issue of loss of nationality as a matter of Article 8 of the European Convention on Human Rights, which protects the right to family life and privacy. Recent examples seem to focus more on privacy and comprehensively review individual identity and daily life. In terms of evaluation criteria, unlike general cases, the arbitrariness of the action and the results of the action are reviewed. However, the lack of consistency is a subject of criticism as the standards are slightly different even in cases of loss of nationality. As such, the precedents of the European Court of Human Rights have their own problems, but reference materials are also provided for reviewing the Korean system. Rather than limiting the issue of nationality to the issue of staying in Korea, it is desirable to understand it so that it can comprehensively consider the impact on social relationships and personality formation in daily life. It is also necessary to design a system that can properly control the discretion of the authorities. Furthermore, it is necessary to ensure that factors such as the possibility of becoming stateless, the diligence and swiftness of measures, and the impact on the family, including children, can be fully taken into account. (kim.h.joung123@gmail.com·felixcyc@konkuk.ac.kr)

A Study on the Laws Regarding Social Integration of Migrants in Korea

( Kim Houn-joung ) 건국대학교 이주사회통합연구소 2023 Journal of Migration and Social Integration (JMSI) Vol.8 No.2

There is a growing interest in social integration of migrants living in Korea. This paper examines laws regarding social integration of migrants and explores measures to improve them. The concept of social integration of migrants can be understood based on two basic elements, “adaptation to the host society” and “reciprocity”. While a migrant is required to respect basic constitutional principles in the process of adaptation, forcing a migrant to give up his/her own culture and identity is contrary to reciprocity of social integration and is undesirable from the perspective of fundamental rights. Furthermore, legislation for social integration should be directed towards ensuring human dignity. This paper reviews laws related to social integration of migrants, i.e. Nationality Act, Immigration Act, Framework Act on Treatment of Foreigners Residing in the Republic Of Korea, Multicultural Families Support Act, and Act On the Employment Of Foreign Workers. Uncertainty of the definition and direction of the term social integration, overlapping and contradictory policies between government ministries, and discriminatory regulations based on migrants’ legal status and types of migration are important problems that these laws have. It is necessary to improve these laws focusing on basic elements of social integration, adaptation and reciprocity, rather than focusing on elements like nationality or status of stay.

대한제국의 정치적 결사 관련 법령 변천의 헌법사적 의미

김현정 ( Kim Houn-joung ) 경상대학교 법학연구소 2017 法學硏究 Vol.25 No.3

정당을 비롯한 정치적 결사는 정치적 목적, 다시 말해 여론을 모아 국가 의사 결정 과정에 영향을 미치고자 하는 목적을 갖는 결사를 말한다. 따라서 의회제, 선거제는 물론 사회 내에서 자유롭게 여론을 창출할 수 있는 결사 및 표현의 자유와 밀접한 연관을 갖는다. 서구에서 수입된 정치적 결사란 유교의 통치 질서를 근간으로 하였던 대한제국에서는 이질적인 존재였다. 대한제국은 1897년 성립하여 약 13년간 존속하였다. 대한제국의 가장 긴급한 과제는 독립국가로서의 존립이었다. 고종 황제는 이를 위해 전통적 통치 질서를 유지하려 하였던 반면, 상당수 지식인들은 헌법과 의회제를 포함하는 서구식 모델을 채택하기를 바랐다. 이들 중 많은 수가 자신들의 주장을 표현하기 위해 정치 결사를 조직하였다. 그들은 정치결사를 매개로 하여 여론을 창출하고 이를 정치 영역에 반영하려 하였다. 대한제국 초기에 정치적 결사들이 나타남에 따라 결사 관련 법령도 나타나기 시작하였다. 최초의 정치적 결사라 할 수 있는 독립협회 활동 시기에 고종 황제의 주된 입장은 결사란 민간의 영역에서 형성되므로 정치에 관여할 수 없다는 것이었다. 정치적 성격의 결사는 허용되지 않았다. 그러나 러일전쟁 후 대한제국이 일본의 반식민지 상태가 되면서, 고종 황제는 더 이상 정치 결사를 억제할 수 없게 되었고, 1907년에 `보안법`이 시행되었다. 이 법은 정부에게 안녕질서 유지를 위해 결사를 해산할 권한을 부여하였다. “안녕질서”는 대체로 일본의 이익에 좌우되었다. 이제 정치적 결사라 하여 모두 금지되는 상황은 아니었지만, 결사의 자유가 보장되지 않는 상황에서 언제라도 해산될 수 있는 상태에 머물렀다. Political associations, including political parties, aim to collect public opinion and to have an influence on national politics. For this reason, political associations are closely connected with parliamentary system, electoral system, freedom of speech and freedom of association. Political associations were western form of organization, new and heterogeneous in Daehan Empire whose political order was based on Confucianism. Daehan Empire was established in 1897 and existed for approximately 13 years. The most urgent challenge it faced was to survive as an independent state. Kojong the emperor`s scheme was to reinforce the traditional political order, while a significant number intellectuals wanted to adopt the Western model including the constitution and parliamentary system. Many of these intellectuals chose to organize political associations as means of expressing their argument. They desired to make public opinion and reflect it in the field of politics by the medium of political associations. As political associations appeared in the early Daehan Empire, statutes regarding associations began to be declared. At the time of Independence Club, the first political association in Korea, the main stance Kojong and his edict took was that associations were formed in the private sector therefore they could not have a part in politics. Associations of political character were not accepted. After the Russo-Japanese War, however, Daehan Empire became a semi-colony of Japan and Kojong could not suppress political associations anymore. In the year 1907, `Security Law` was enacted. It authorized the government to dissolve an associations of any kind to maintain public order. The "public order" was generally determined by the interest of Japan. Now political associations were not all banned, but they could be dissolved at any time without any constitutional guarantee of freedom of association.

만성 신장 질환인 2마리의 개에 있어서 외인성 크레아티닌 청소율 검사에 의한 사구체 여과율 측정 예

강지훈, 강건아, 김유정, 나기정, 양만표 충북대학교 동물의학연구소 2006 Journal of Biomedical and Translational Research Vol.7 No.1

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Zinc increases the phagocytic capacity of canine peripheral blood phagocytes in vitro

Kim, You-Joung,Kang, Ji-Houn,Yang, Mhan-Pyo Springer-Verlag 2009 Veterinary research communications Vol.33 No.3

OPF를 이용한 경쟁력 전력시장에서의 송전가격 수익보정에 관한 연구

정상헌(Sang Houn Joung),정구형(Koo Hyung Chung),김발호(Baiho Kim) 대한전기학회 2003 대한전기학회 학술대회 논문집 Vol.2003 No.7

소비자의 가격탄력성을 고려하 최적조류계산

정상헌(Sang Houn Joung),신영균(Young Gyun Shin),김발호(Balho H. Kim) 대한전기학회 2002 대한전기학회 학술대회 논문집 Vol.2002 No.11

Contingency Constrained Optimal Power Flow에 관한 연구

정상헌(Sang Houn Joung),신영균(Young Gyun Shin),정구형(Koo Hyung Chung),김발호(Balho Kim) 대한전기학회 2003 대한전기학회 학술대회 논문집 Vol.2003 No.11

Legislation for Immigrant Society under the COIVD-19 Situation

( Park Hyo-min ),( Kim Houn-joung ),( Choi Yoon-cheol ) 건국대학교 이주사회통합연구소 2023 Journal of Migration and Social Integration (JMSI) Vol.8 No.1

While the world is suffering from the unprecedented COVID-19 disaster, migrants, who are socially disadvantaged in many societies, face with more risks and difficulties. In particular, various empirical data show that migrants are very difficult in the aspects of medical care, occupation, and education, which have a significant impact on the quality of human life. From this perspective, this study pays attention to the impact of unequal disasters on migrants not only in Korean society but also internationally, and examines several indicators that show the phenomena. In many countries, migrants have been exposed to relatively high levels of COVID-19 infection, showing vulnerability in terms of international migration and employment. In addition, in many countries, it appears that children of migrants are experiencing unequal educational opportunities in the non-faceto- face education process as their Internet access is relatively low. On the other hand, Korea’s legislative system is centered only on the people who has nationality, so consideration for migrants in disaster situations is relatively insufficient. After COVID-19, there have been some policy responses in the face of trial and error and specific problems, but there are still blind spots in the policy. In this paper, we discussed legislation and policies related to foreigners for just recovery in light of the situation of foreigners in the current COVID-19 disaster situation.

PTCD 후에 발생한 Biloma 1 예

김성수(Soung Soo Kim),강동헌(Dong Houn Kang),한현복(Hyun Bok Han),서정민(Joung Min Sou),박동준(Dong Joon Park),심규식(Kyu Sik Shim),백남종(Nam Jong Baek),김부성(Boo Sung Kim) 대한내과학회 1991 대한내과학회지 Vol.41 No.5

The term biloma was introduced in 1979 by L. Gould and A. Patel to describe a loculated collection of bile located outside the biliary tree. The underlying causes are iatrogenic, traumatic, and spontaneous rupture of the bile duct system. The diagnostic methods are clinical history and physical examination, ultrasound, computered tomography, HIDA scintigram, and character of the material obtained by aspiration. Pecutaneous drainage is an effective form of therapy that often eliminates the need for surgical drainage. We experienced a case of biloma after percutaneous transhepatic biliary drainage in a patient with extrahepatic biliary obstruction due to advanced gallbladder carcinoma and present a report with a review of the literature.