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      • 여성 성폭력과 기독교 자원의 순기능을 위한 연구

        김규식(Kyusik Kim) 영남신학대학교 2013 신학과 목회 Vol.40 No.-

        This study was started with the agony of how to utilize Christian resources to resolve sexual violence on women that is prevalent in this society. The researcher assumed that most of existing Christian resources would be positively used for the prevention and eradication of violence on women. As a matter of fact, however, Christian resources provided structural base for the violence of offenders and the helplessness of victims rather than protecting women from various kinds of violence on women. First, theology and the bible tend to ignore human rights and wounds of women who were victimized by sexual violence by identifying the experiences and viewpoints of men to be universal to human beings. Second, females were forced to forgive offenders in Christianity because of narrow minded religion education thinking that fighting against the violence on them is non biblical and non Christian and that anger for the pains that they had to endure becomes guilt. Finally, it was difficult for victims of sexual violence to be cured in existing Christian resources. Accordingly, feminism scholars raised objections against traditional interpretation on the bible, as they consider traditional biblical interpretation as the fixation of male dominated society. They tried new way of bible reading by emphasizing priority on female experiences in biblical interpretation and tried services with theme of sexual violence. The results of these efforts bring the shift of perception on the violence on females, academic achievements and opening of shelters or consultation places for the victimized females. However, there was limitation in their trials and activities because there was no universality as they deal with the theme of sexual violence focusing on the perspective of the victims. Although most of victims of sexual violence are women, it is urged to identify he structural issue why women are victimized and to find out alternative solutions to change the structure in order to resolve the sexual violence issue for good. It should be analyzed that sexual violence it not a simple incident between offender and victim but because of broken justice in historical, social and cultural context of individual, family, and society. The present structure has characteristics to make another victim by making a victim an offender. This viewpoint can provide a good theoretical ground to see sexual violence as a holistic problem rather than as an individual problem and to make church community cooperating resources. As an offender can be a victim who needs cure according to structural viewpoints, churches, the religious belief community, should participate in the recovery and healing of victims, should fight against the force of evil, and should build a community of eschatological hope.

      • KCI등재후보
      • KCI등재

        ‘부부의 성(性)’ 교육을 위한 핵심가치로서 루터의 결혼 사상 연구

        김규식(Kyusik Kim) 한국기독교교육정보학회 2011 기독교교육정보 Vol.29 No.-

        This study was conducted in order to lay the base of value education on marital intercourse for married couples in the churches. Reformation churches, which have their theological foundation in Luther’s reformation thought, should be able to teach the value of sexuality and marital intercourse between husband and wife clearly within the churches. It is not only because couples’ marital intercourse performs a very important function for marital satisfaction and stability but also because it has a crucial meaning theologically. Until now, however, reformation churches have neglected education on the value of sexuality in married people. This is not much different from the Medieval Church that, considering sexuality itself a sin under the influence of the thoughts of fathers such as St. Augustine, limited the purpose of couples’ sexual acts to the production of offspring and viewed marital intercourse negatively even until condemning pleasures from having a sexual intercourse. Out of his negative view to sexuality, the Medieval Church forced celibacy on clergymen and this resulted in many side effects. Luther understood human sexual desire rather as energy and gift from God. Therefore, sexual desire should be used actively through marriage and marital intercourse. Luther believed that human sexual desire itself cannot be a sin but it may be a sin when the energy is used in something other than marital intercourse. The researcher examined Luther’s thought of marriage and found three major purposes of married couples’ sexual intercourse. First, through sexual intercourse, married couples produce offspring and experience the unity of the bodies so that they may carry out their office as a pastor and teacher to their children. Second, marriage involves vocation and the service of cross. In other words, a husband/wife marries as a vocation to serve his/her spouse, so his/her sexual intercourse should aim at the spouse’s happiness and pleasure. Third, married couples’ sexual intercourse aims at perfect fidelity. This may be connected to the prevention of adultery. Adultery is not limited to physical illicit intercourse but includes the violation of fidelity to each other through sins committed by heart and mouth. Thus, when one’s spouse commits adultery, the sin is attributed not only to the spouse but also to the person who has failed to take care of the spouse. In the conclusion of this study, the researcher presented eight core values of married couples’ sexuality and sexual intercourse that can be adopted as guidelines by the reformation churches.

      • 외국인 유학생 학교적응 지원 상담 프로그램 개발을 위한 논의 - 시안 프로그램의 실시 결과를 중심으로 -

        김규식(Kyusik Kim) 영남신학대학교 2020 신학과 목회 Vol.53 No.-

        Despite the fact that the school adjustment support counseling service focusing on stress coping and emotional support for foreign students can help a lot in school adjustment after entry of foreign students in the early stages of entry, given the reality of domestic universities lacking adequate counseling programs to help them, the development and dissemination of adjustment counseling programs for foreign students’ adjustment is urgent. Thus, based on the results of a pilot program conducted for foreign students at our university, the researcher attempted to make suggestions for the development of a follow‐up program for foreign students" university adjustment support counseling. The contents that foreign students appeal about school adjustment include loneliness (absence of close friends, nostalgia for hometown, lack of emotional support), adjustment to Korean culture (difficulty in food, communication, weathering, lack of information), economic difficulties (lack of living expenses, school fees, etc.), and limitations of language skills (Korean proficiency and use, English proficiency), and because these factors can be a major cause of the stress experienced by foreign students in their university adjustment process in Korea, the target of the school adjustment support counseling program is foreign students in the early stages of entry into Korea who are most likely to experience heavy stress. For the effectiveness of the adjustment support counseling program, this study emphasized the need to provide multicultural education focusing on ‘recognition and integration of cultural diversity’ to Korean students/faculty/staff with a theoretical rationale. It was because the attitude and behavior of Koreans toward foreign students is very important to the healthy adjustment of foreign students. The goal of this school adjustment support program is to manage foreign students’ stress and provide emotional support, and the format of the program was four types such as individual counseling, group counseling, cultural experience, and special lectures. For education of moderators (or counselors) who run the program, this study covered the area of sensitivity to multiculturalism and that of counselor’s professionality. In the course of counselor’s counseling, the sensitivity area, specifically consists of things related to the competence to see through and exclude elements of inequality, such as oppression, discrimination, and the coercion or disregard of specific cultures that clients may experience. The sub‐areas of professionality are qualifications related to counseling, experience of counseling in foreign students, and supervision of specialists on relevant counseling cases.

      • KCI등재

        대규모유통업법의 적용 범위에 관한 고찰 - 대규모유통업법의 입법 취지를 중심으로 -

        김정헌 ( Kim Junghun ),박종하 ( Park Jongha ),김규식 ( Kim Kyusik ),김영석 ( Kim Youngseok ),김윤수 ( Kim Yunsoo ) 한국유통법학회 2020 유통법연구 Vol.7 No.2

        대규모유통업법은 공정거래법상 거래상 지위 남용행위에 대한 특별법임을 감안하여 대규모유통업자가 거래상 우월적 지위를 가지지 않는 거래에 대하여는 대규모유통업법을 적용하지 않도록 규정하였다. 그런데, 최근 공정거래위원회 및 법원은 대규모유통업법상 대규모유통업자에 해당하기만 하면 실질적으로 납품업자에 대하여 거래상 우월적 지위를 가지고 있는지에 대한 심도 있는 검토 없이 그대로 대규모유통업법을 적용하는 경향을 보이고 있다. 그러나, 대규모유통업법이 대규모유통업자와 납품업자 간의 사법상의 권리관계에 제한을 가하는 것으로서 본질적으로 사적 자치의 한계 내지 예외에 해당한다는 점, 공정거래법상 거래상 지위 남용행위의 특별법으로서 강력한 규제가 부과된다는 점 등에 비추어보면, 그 적용 범위를 엄격하게 해석 및 운용할 필요가 있다. 현실적으로 규제당국이 각 납품업자와 대규모유통업자간의 거래상 지위를 일일이 판단하는 것이 어렵다면, 일정한 매출액 규모 요건 등 보다 객관적인 기준을 통해 누가 보더라도 대규모유통업법 적용 대상인지 여부를 쉽게 판단할 수 있도록 개선할 필요가 있다. 한편, 대규모유통업법은 일정 규모 이상의 가맹본부에 대해서도 대규모유통업자로 간주하고 있다. 그러나, (ⅰ) 대규모유통업법은 기본적으로 백화점, 대형마트 등 거래상 지위를 가진 소매업자의 중소 납품업자나 임차인에 대한 불공정거래행위를 규제하는 것을 그 목적으로 하는 법률이어서 도매업자에 가까운 가맹본부에 대해서까지 적용하는 것이 타당한지에 대한 의문이 있다는 점, (ⅱ) 가맹본부에 대규모 유통업법을 적용함으로써 가맹본부로 집결된 협상력을 제한한 결과, 공동구매에 따른 협상력 제고라는 가맹사업의 본질을 해하고 결과적으로 가맹점사업자 보호에 역행한다는 점, (ⅲ) 특히 편의점 가맹본부의 경우 전체 구매 상품 중 67~90%에 이르는 상품을 대기업으로부터 구매하는바, 대규모유통업법으로 인하여 영세한 가맹점사업자보다 오히려 대기업인 납품업자를 보호하게 되는 불합리한 결과가 초래 된다는 점 등에 비추어보면, 관련 규정을 개정할 필요성이 인정된다. 즉, 가맹본부를 대규모유통업법 적용 대상인 대규모유통업자의 범위에서 제외하는 방안을 적극 검토할 필요가 있다. 아울러, 최근 대규모유통업법 개정으로 인해 유통업자가 아닌 부동산 임대사업자에 대하여도 대규모유통업법이 적용되게 되었는바, 이는 대규모유통업자를 규제하는 대규모유통업법의 취지에 부합하지 않고, 상가임대차법과 중복된 이중적 규제라는 등의 문제점이 있으므로 이러한 규제를 유지할 것인지에 대하여도 신중한 검토가 필요하다고 생각된다. The Act on Fair Transactions in Large Retail Business (hereinafter the Large Retail Act) shall not apply to a transaction which is not deemed to give a large retailer a superior bargaining position over a supplier (Article. 3.1.). Nonetheless, recently, the Korea Fair Trade Commission and courts tend to apply the Large Retail Act directly to a certain retail business entity without an in-depth analysis of whether it has actually superior bargaining position over a supplier as long as it is a large retailer under the Large Retail Act However, considering that the Large Retail Act is essentially an exception to principle of private autonomy and it substantially regulates the business activities of large retailer, it is necessary to narrowly interpret the scope of a large retailer. In particular, the Large Retail Act stipulates that the franchisers of a certain size or larger also fall within the scope of a large retailer. However, considering the following, it is highly recom- mended to revise the relevant regulations;(ⅰ) the purpose of the Large Retail Act is basically to regulate the abuse of market dominance or unfair trade practices by large retailers, such as department stores and supermarket. (ⅱ) If the bargaining power aggregated into the franchiser is limited by applying the Large Retail Act to the franchiser, the nature of the franchise business, which is enhancing franchisee's bargaining power by purchasing jointly will be undermined and consequently the protection of franchisees will be impaired;(ⅲ) especially, since convenience store franchisers purchase 67 to 90 percent of the total purchased goods from large companies, the application of the Large Retail Act to franchiser results in unfairly protecting the large suppliers more than the franchisees, which are much smaller than the large suppliers. In order to solve these problems, it is desirable to establish sales volume requirements to determine whether to apply the Large Retail Act, and furthermore, exclude the franchiser from the scope of a large retailer which is subject to the Large Retail Act. Meanwhile, due to the recent revision, the Large Retail Act also applies to real estate rental businesses, which is not distributor. This is not consistent with the objective of the Large Retail Act, which regulates a large retailer, and causes overlapping regulations between the Commercial Building Lease Protection Act and the Large Retail Act. Therefore, a careful consideration is also required on whether to maintain this regulatory framework.

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