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학술논문서강법학연구2008.06 발행KCI 피인용 18

여성을 위한 적극적 우대조치에 관한 연구

The Study of Affirmative Action for Women

박경순(건국대학교)

10권 1호, 117~150쪽

초록

Although Korea does not have serious racial discrimination's problems like U.S.A, there are various kind of discriminations which can be obvious or unconscious such as sex distinction, scholastic ability, place of one's birth and economic power. Especially, women has become the main target of the discrimination in many fields because discrimination against women has been done under the custom of the patriarchal system. As the result of women's rights movement after 20th century, affirmative actions came into effect to solve the discrimination against women. With the enactment of Constitution in 1948, all laws established the principle of the guarantee of human right which is "All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status." Moreover, based on the UN's Convention on the Elimination of All of Forms of Discrimination against Women Article 4 Clause 1, “Temporary actions to promote equality is not belonged to the discrimination which is mentioned on the Convention.”, several countries made a legal basis about the action. Also, affirmative action came into effect in society, economy and politic area to solve the discrimination against women. Nevertheless, discrimination against women is still prevailed in our society because of the stereotypes about the sex. Therefore, we need to activate affirmative action about women to solve the problem of discrimination. To achieve this, we need to make a legal basis and activate the development of women resource. Then, we need to guarantee the gender equal participation when the policy of affirmative action is estabilished. If so, there will be possible to establish a policy which is equal to men and women.

Abstract

Although Korea does not have serious racial discrimination's problems like U.S.A, there are various kind of discriminations which can be obvious or unconscious such as sex distinction, scholastic ability, place of one's birth and economic power. Especially, women has become the main target of the discrimination in many fields because discrimination against women has been done under the custom of the patriarchal system. As the result of women's rights movement after 20th century, affirmative actions came into effect to solve the discrimination against women. With the enactment of Constitution in 1948, all laws established the principle of the guarantee of human right which is "All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status." Moreover, based on the UN's Convention on the Elimination of All of Forms of Discrimination against Women Article 4 Clause 1, “Temporary actions to promote equality is not belonged to the discrimination which is mentioned on the Convention.”, several countries made a legal basis about the action. Also, affirmative action came into effect in society, economy and politic area to solve the discrimination against women. Nevertheless, discrimination against women is still prevailed in our society because of the stereotypes about the sex. Therefore, we need to activate affirmative action about women to solve the problem of discrimination. To achieve this, we need to make a legal basis and activate the development of women resource. Then, we need to guarantee the gender equal participation when the policy of affirmative action is estabilished. If so, there will be possible to establish a policy which is equal to men and women.

발행기관:
법학연구소

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