인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
Since l8th century, 'child' has been classified as contrasting to the matured on the basis of its age, and conceptualized as a group of human being that needs protection and discipline. The discourse of child protection was set up with this conception, which had its basis on the orientation of 'blocking child from the adult world'. With development of domestic life, this policy stressed the role of family in protecting child, significant part of which was shared by public school based on modem national education system. Love and strict discipline made by the adults and on the criteria from their perspectives, was main tools for protecting child.
Present korean system of child protection is not significantly different from those 'modem' one, with an exception that it shares bits of contemporary world-wide trends of the collapse of family system as so-called bulwark of child protection, which has made it inevitable that the burden of that protection shall move from home to state. The Korean Constitution has responded to these trends with such words as "people under age"(§32⑤), "welfare of juveniles"(§34④), "maternity"(§36②), and "children under protection"(§3l②). But these all sets the conception of 'Child' only as 'prematured person', or 'person who needs protection of the matured'. Though, in 1991, Korean government has ratified the Convention on the Rights of the Child, there are hardly found any statutes which significantly set up and guarantee the child's 'due' standing to ordinary life community. Even the Constitutional Court regards child as object of adult's protection rather that subject to actively choose its own style of everyday life: the Court said only what the child shall not do, rather than what the adults shall do for child to express and satisfy its desires and personality.
Such approaches are found in most of child protection legislation. This paper makes special analysis on the age with which the legal concepts of child are defined. There are so many statutes on child protection and child welfare, and each of them has its own criteria on age ranging from thirteen to twenty four, which seem somewhat arbitrary without any reasonable justification. The fact that no governmental agency/organization has responsibility on systematic and concentrated planning of child protection and child welfare, poses another problem: each has its own policy, and no one has legal power and responsibility to reconcile and rearrange them into a comprehensive scheme. The Commission on Youth Protection in Prime Minister's Office may take those tasks with some conditional prerequisites.
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지Present korean system of child protection is not significantly different from those 'modem' one, with an exception that it shares bits of contemporary world-wide trends of the collapse of family system as so-called bulwark of child protection, which has made it inevitable that the burden of that protection shall move from home to state. The Korean Constitution has responded to these trends with such words as "people under age"(§32⑤), "welfare of juveniles"(§34④), "maternity"(§36②), and "children under protection"(§3l②). But these all sets the conception of 'Child' only as 'prematured person', or 'person who needs protection of the matured'. Though, in 1991, Korean government has ratified the Convention on the Rights of the Child, there are hardly found any statutes which significantly set up and guarantee the child's 'due' standing to ordinary life community. Even the Constitutional Court regards child as object of adult's protection rather that subject to actively choose its own style of everyday life: the Court said only what the child shall not do, rather than what the adults shall do for child to express and satisfy its desires and personality.
Such approaches are found in most of child protection legislation. This paper makes special analysis on the age with which the legal concepts of child are defined. There are so many statutes on child protection and child welfare, and each of them has its own criteria on age ranging from thirteen to twenty four, which seem somewhat arbitrary without any reasonable justification. The fact that no governmental agency/organization has responsibility on systematic and concentrated planning of child protection and child welfare, poses another problem: each has its own policy, and no one has legal power and responsibility to reconcile and rearrange them into a comprehensive scheme. The Commission on Youth Protection in Prime Minister's Office may take those tasks with some conditional prerequisites.
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목차
- Ⅰ. 문제의 제기
- Ⅱ. 보호 v. 배제: 청소년보호의 법담론 비판
- Ⅲ. 청소년보호와 국가의무
- Ⅳ. 대안-결론을 대신하여
참고문헌
참고문헌 신청최근 본 자료
