한국 사회복지 프로그램 개발활동의 경향성에 대한 실증적인 연구: 참여주체, 정보수집, 개발과정을 중심으로

서인해 ( In Hae Seo ),공계순 ( Gye Soon Kong ) 한국사회복지연구회 2013 사회복지연구 Vol.44 No.4

우리나라에서 사회복지 프로그램 개발관련 학문이 도입된 지 20여년이 지난 현 시점에서 본 연구는 기존에 진행된 이론연구의 추가적인 현장 조사 연구로서, 사회복지기관들의 프로그램 개발활동의 경향성이 우리나라 실천 현장에서 어떻게 나타나는지를 조사하였다. 본 연구에 적용된 연구 분석틀은 3가지 분석영역인 개발활동참여주체(누가), 개발활동에 활용된 지식(무엇으로), 개발활동 과정 지속성(어떻게)이며, 이러한 3가지 영역 속에 들어있는 두 가지 대칭적 활동경향을 토대로 구성된 4가지 개발활동의 경향성, 즉 지식주도형, 현장중심형, 통합형, 무관심형이었다. 조사대상은 전국의 복지관에서 두 곳의 외부 프로그램 공모사업에 지원·선정되어 수행된 220개 사회복지 프로그램 사례이며, 프로그램의 개발 및 수행을 책임진 사회복지사를 대상으로 한 설문조사를 통해서 이루어졌다. 최종분석에는 196개의 사례가 포함되었으며, 통계분석으로서는 실태분석에 적용되는 기술 분석기법들이 적용되었다. 분석결과, 현장의 사회복지 기관들의 사회복지 프로그램 개발활동에서 다양한 특징과 경향성들이 발견되었다. 우리나라 사회복지 프로그램 개발활동에서는 대체로 정보수집활동은 보편적 정보보다는 지역적 정보를 더 많이 수집하는 경향이 있으며, 기관외부 관련자들 보다는 기관내부 종사자들이 더 높은 참여활동을 하고 있으며, 기획단계뿐만 아니라 집행과정에서도 지속적인 개발활동을 하는 것으로 나타났다. 개발활동의 3가지 영역의 결과를 토대로 우리나라 프로그램 개발활동의 경향성을 전체적으로 분석한 결과는 통합형이 가장 높았으며, 그 다음이 무관심형, 현장중심형, 지식주도형 순서로 나타나고 있었다. 연구자들은 연구결과를 토대로 우리나라 사회복지 프로그램 개발활동에 대한 실천 및 정책적인 함의와 과제를 논의하였다. As almost 20 years have passed since the foreign knowledges of the program development introduced to the field of social work in Korea, the study was undertaken to describe the approaches of the social work program development activities in Korea in terms of (1) who are involved, (2) what kinds of information are collected, and (3) how the design and implementation process are interrelated. On the basis of the three foci, the researchers attempted to identify the four types of the models, which were resulted from their theoretical study conducted in 2009. For this study, the questionnaires were sent to each social worker in charge of developing the 196 social work programs implemented with financial assistance of the two main Korean funding organizations. The following results were found in the analysis of the 196 cases; more local knowledge than universal knowledge, and more local participators than outside participators, continuity in the both processes of the design and the implementation. In addition, the most dominant approach in the cases is considered as the Convergent Model, which tends to develop a program in the combination of the knowledge and people oriented approaches. The second one is the Indifferent Model, which features less activities in utilizing knowledge, collaborating with local and outside participators, and interrelating activities in the processes of design and implementation. The third one is the People Oriented Model, which focuses more on local knowledge, local people`s participation, and the development activities of the implementation process. The least dominant model is the Knowledge Based Model on universal knowledge, outside experts, and design oriented planning.

명(明) 선덕(宣德)·정통연간(正統年間)의 세량(稅糧) 감면과 재정(財政) 상황

서인범 ( In-beom Seo ) 이화여자대학교 이화사학연구소 2021 梨花史學硏究 Vol.- No.62

Was one of the factors behind the implementation of the juanna system(捐納制) in the mid-Ming period was a financial shortage? I analyzed the measures for the tax reduction in the era of Xuande and Zhentong when disasters began to occur frequently to prove my hypothesis. I tried to show the proportion of tax reductions and exemptions in each region and how much it accounted for the total finance of Ming dynasty. Ultimately, I attempted to show the trend of the finance in Ming dynasty. The targets of tax reductions were lands of government and civilians and lands cultivated by soldiers. Taxes on government-owned land were reduced by three-tenths approximately. Taxes on civilian-owned land and land for soldiers were reduced by two-tenths to five-tenths approximately. However, tax reductions were differed depending on the time, region, and size of the disaster. In the total tax revenues from the north territories to the territories of Huanan(華南) and Xinan(西南), the reduction rate accounted for 20 to 30 percent in general. It is the reduction of the so-called “two-tenths to three-tenths” written in the Annals of the Ming Dynasty. Also, it is true that there have been cases of reduction of five-tenths or more. In particular, the territory of Jiang Huai(江淮) was known as one of the most heavy taxes supported the finances of Ming dynasty. Approximately it accounted for 38% of the total budget. The disaster in the area immediately dealt a heavy blow to the finances of the Ming dynasty. I analyzed how much the proportion of tax reductions accounted for Ming's finances. The tax reduction of seventh year of Xuande accounted for 8.8 percent of total tax revenue. The tax reduction of fifth year of Zhentong accounted for 11 percent of it. In particular, a huge amount of money was appropriated for military forces to strengthen the Beijing defense system or the peripheral defense system. It was due to the affair in which the emperor was taken prisoner in the 14th year of Zhentong. Since the second half of the reign of Zhentong, financial pressure has intensified.

청 강희제의 (개해정책)開海政策과 조선 (서해해역)西海海域의 (황당선)荒唐船

서인범 ( In Beom Seo ) 이화사학연구소 2015 梨花史學硏究 Vol.0 No.50

Kangxi, the fourth Emperor of the Qing dynasty, decided to lift the ban on maritime trade, after having succeeded in taking power from Zhengchenggong(鄭成功) who had commanded the seas. His new policy made chinese ships called Hwangdangseon(荒唐船), intrude frequently into the waters under jurisdiction of the Joseon dynasty. The year of the 1701 marked a watershed in the history of the penetration into Joseon`s waters of chinese ships. They made frequent appearance mostly in western coastal areas of Seoghae(西海) Province on a large scale to organize convoys. There were seventy to eighty crews on board for a ship and one hundred for a bigger ship. They came in April when the wind becomes gentle and withdrew in August when the wind blows hard. The departing points of Chinese fishing boats were Dengzhou(登州) Subprefecture and Laizhou(萊州) Subprefecture in Shandong(山東), Liadong(遼東) coast`s Haizhou(海州) area ruled by Shengjing-general(盛 京將軍) and Fengtian(奉天) police department, and Gakhwa island(覺華 島) that was the last destination of Joseon`s envoy. Main reasons for the rapid increase of the penetration into Joseon`s waters of chinese ships are as follows. The first reason is that the ban on maritime trade by Kangxi Emperor was lifted so that people could go fishing and trade. Secondly, natural disasters occurred in Shandong province around the year of 1701. In addition, the displacement of the fish and the sea cucumber fishing also played their role in that increase. Sea cucumber is edible and used as an invigorant. Furthermore, it was traded by many merchants. Since it has dyeing function, Chinese ships were eager to get it in the western sea, even disobeying the ban on maritime trade. The intrusion into the Joseon`s waters on a large scale by chinese ships turned into a diplomatic dispute between Joseon and Qing. Joseon tried to settle the problem by addressing a diplomatic letter called Ziwen(咨文) to the Ministry of Rites(禮部) of the Qing dynasty, saying that Chinese ships penetrated into Joseon`s waters under the pretext of fishing. However, Ziwen`s(咨文) effect was temporary and limited. Chinses ships did not stopped frequenting Joseon waters so that Joseon took a little stronger measure of sending Zouwen(奏文). Or Joseon informed the chinese emperor of the truth and asked him to solve that problem. The analysis of Kangxi emperor`s handling the penetration into Joeson`s waters by chinese ships reveals that Shengjing-general replaced the role of the governor of Liadong in Ming dynasty. Shengjing-general had responsibility for governing not only the territory of Shengjing area but also the seas.

외국인투자기업의 투자환경에 관한 연구 - 노동환경을 중심으로

서인옥(In-Ok Seo) 인하대학교 산업경제연구소 2006 경상논집 Vol.20 No.1

  Foreign investments in Korea had concentrated on the manufacturing sector utilizing cheap but high quality labor until 1980s. However, since then, the investments have begun to target more on services and financial markets following the national policy of opening the economy.<BR>  These investments are firms who have their mother companies in the countries of origin, establish their subsidiaries in other countries to produce and sell products according to international business strategies. In light of this, therefore, confrontational industrial relations, excessive regulations and high distribution costs create difficulties for them to do businesses. Particularly, in industrial relations, illegal activities beyond the boundaries of laws and principles are becoming obstacles that drag investments of both domestic and foreign invested companies.<BR>  Foreign companies that are considering to invest in Korea or those who have already invested in Korea recognize difficulties in the area of labor as the most important ones. This is, at the same time, also the area where there is much room for improvement.<BR>  The possible solutions would first be to study and analyze labor-management conflicts to identify their causes, design various measures to correct them, continue dialogues between labor and management and try to understand cultural and social differences. In addition, both labor and management must acknowledge their rights and responsibilities correctly and enforce them throughly so that a win-win labor-management culture can take root.<BR>  Second, wage increase must be based on the productivity standards. The principle of adjusting wages within the level of increase in productivity needs to be established to ensure firms" competitiveness and fair gain sharing between labor and management.<BR>  Third, industrial relations based on laws and principles must be settled. Since labor movements without due respect of laws and principles are major impediments to foreign investment, stern enforcement of laws is a matter of urgency to prevent illegal strikes in both domestic and foreign firms. Institutional arrangements will also need to be improved.

｢상가건물임대차보호법｣의 적용에 관한 몇 가지 쟁점

서인겸(Seo, In-Kyeom) 경희법학연구소 2011 경희법학 Vol.46 No.3

주택임대차에 관하여 민법의 특별법으로서 ｢주택임대차보호법｣이 제정되고 시행된 지 30년이 경과하였고, ｢상가건물임대차보호법｣이 제정된 것도 벌써 10년이 되었다. 위 두 법률은 경제적 약자인 임차인을 보호하기 위한 목적으로 제정되었 다는 공통점이 있어 법률의 체계 및 주요 법리가 대동소이하다. 주택임대차에 관하여는 많은 학설 개진 및 판례의 집적으로 법리가 확립되었을 뿐만 아니라 법개정에 직접적으로 반영되기까지 하였는바, 이러한 법리는 상가건물 임대차에도 대부분 그대로 적용된다. 다만, ｢상가건물임대차보호법｣의 경우에는 주택임대차와 다른 부분에서 아직까지 법리가 확립되지 않아 그 적용상 문제점이 발생하는 경우가 다소 존재하고 있는 것이 사실이다. 이와 같이 ｢상가건물임대차보호법｣의 적용에 있어서 아직까지 현실적으로 문제되고 있는 몇 가지 쟁점에 관하여 학설과 관련 판례를 정리한 후 사견을 제시하였다. 구체적으로 검토한 쟁점은 먼저, ｢상가건물임대차보호법｣은 상가건물에 관한 임대차에 적용되는데 상가건물의 구체적 개념 및 그 범위에 관한 것이다. ｢상가건물임대차보호법｣은 상가건물을 사업자등록의 대상이 되는 건물이라고 정의하 는바, 특히 비영리 법인 등이 영리를 목적으로 하지 않는 임대차계약을 체결한경우에 법의 보호대상이 될 수 있는지에 관하여 중점적으로 검토하였다. 다음으로, ｢상가건물임대차보호법｣은 보증금(월차임의 보증금 환산 금액 포함)이 일정 금액 이하일 경우에만 적용되는데, 월차임에 관한 부가가치세 부분을 차임으로 간주하여 보증금액에 환산할 것인지 여부에 관하여 검토하였다. 그리고 ｢상가건물임대차보호법｣은 임대차의 대항요건으로 주택임대차에 있어서의 주민등록에 해당하는 사업자등록을 규정하고 있는바, 비영리 법인 등이 세무처리를 위하여 사업자등록에 준하는 고유번호등록을 하였을 때 임차인으로 보 호될 수 있는지에 관하여 검토하였다. 마지막으로 여론으로서, 주택임대차에서 이미 활발한 논의가 있었고 확립된 판례도 있는 부분이지만 이와 다른 의견을 개진하기 위하여 대항력의 내용으로서 임대인지위의 승계에 관하여 검토하고 종래의 주류적 학설과 판례의 입장을 비 판적으로 검토하고 사견을 제시하였다. It has been 30 years since ｢HOUSING LEASE PROTECTION ACT｣ with respect to the lease of buildings for residence as Special Act of the Civil Law was enacted, it has been also 10 years in terms of ｢COMMERCIAL BUILDING LEASE PROTECTION ACT｣. Legal framework and main legal principles of both acts are very similar because these laws have the purpose, which is intended for the protection of Lessee as the financial weak, in common. In the field of Housing Lease, legal principles have been established through various theories and precedents. Those principles was reflected in the revision of ｢HOUSING LEASE PROTECTION ACT｣. They could also be applied to the field of Commercial Building Lease. However, in terms of ｢COMMERCIAL BUILDING LEASE PROTECTION ACT｣, some legal principles in different parts from Housing Lease have not yet established. Therefore, it is true that some problems are happening as the act applies. In this paper, I suggest my personal opinion after reviewing relevant theories and precedents on the issues which are still in debate with respect to the application of ｢COMMERCIAL BUILDING LEASE PROTECTION ACT｣. When it comes to concrete issues, I firstly reviewed the definite definition and the range of ‘Commercial Building’ because the Act is applied to Commercial Building Lease. The Act defines ‘Commercial Builing’ as the building which could be the target of ‘Registration of Enterpreneur’. In this point, I mainly reviewed whether non-profit corporations, renting the building not for profit, could be protected through the Act. Next, the Act is applied when security deposit(including deposit conversion sum of rent) is only under specific sum of money. In this situation, I reviewed whether VAT(value added tax) on rent should be included in security deposit. The Act prescribes ‘Registration of Enterpreneur’, which is just like the resident registration in Housing Lease, as opposing power of the lease. In this context, I also reviewed whether non-profit corporations, entering in identification number as Registration of Enterpreneur, could be protected as lessee. Lastly, as the rest argument, there have already been lively arguments and established precedents on succession to the status of the lessor. However, for stating my own opinion which is different from main theories and precedents, I suggest my personal viewpoint after reviewing the theories and precedents on ‘the succession to the status of the lessor’ critically.

명 중기의 賣牒制 연구

徐仁範(Seo In-Beom) 동양사학회 2003 東洋史學硏究 Vol.85 No.-

Zhuyuanzhang(朱元璋), Ming(明)'s founding father and first emperor, had a special religious and political ideology which was based on the Unification of Three Religions(三敎合一) such religions as Confucianism, Buddhism, Taoism. And so, his buddhist approach was based on in this unifying-oriented movement about religions. In order to control all the temples and buddhists in the dynasty, at the 14 years of his reign, he founded Senglusi(僧錄司: the Supervise Administration of Buddhism and Taoism) in Nanjing(南京), and did several agencies in the lower provincial sects such as Fu(府), Zhou(州) and Xian(縣). Furthermore, Only one great temple could be selected to dispense Authorized Buddhist Certification Seal's Sale within Fu, Zuou and Xian, and Only one master about the buddhist texts could be selected to the Authorized Buddhist Certification Seal. After him, emperor Yingledi(永樂帝) ordered to extend the issue period about Authorized Buddhist Certification Seal from three to five years in order to prevent the growing of buddhist numbers. In the reign of Yingzong(英宗), firstly juannazhi(捐納制: the substitution system of forced labor duty) began to collect relief funds of famine. But after Tumu Incident(土木堡 樂), that had caused national insecurity, juannazhi had been largely enforced to supply and use in the military expenditure. Also, within this system, the Authorized Buddhist Certification Seal's Sale had been enlarged. As the Authorized Buddhist Certification Seal's Sale was increased, early Ming ' s buddhist laws could not keep their original forms. Traditionally, There were many kinds of the Authorized Buddhist Certification Seal's Sale in the Ming's dynasty. In addition to these traditional customs, one unique buddhist seal sale happened. it was the eunuch whose power became more and more powerful during Ming dynasty. They also had sold the Authorized Buddhist Certification Seal. Most of them believed in buddhism. And so they eagerly slod the Seal to the monks. Moreover, They had many buddhists temples in the nearing areas of the capital, Beijing, to go the Paradise Heaven(極樂) after the death of their bodies and souls. On the while, in the middle period of Ming's dynasty, the badly-balanced distribution made many people poor, which eventually destroyed Ming's traditional Rural System. Also, this dynasty had to prevent northern invaders who, after Tumun Incident, penetrated the dynasty's inner parts. Therefore, Ming had reconstructed between the Northern and the Capital Defense Systems. So, a lot of money was needed. One plan was to sold the Authorized Buddhist Certification Seal's Sale to the buddhists monks. But, so many sales of the Seals led to diminish Ming's traditional standard Tax System such tax unites as general people tax unit(民戶), soldier unit(軍戶), craft unit(匠戶) and salter unit(?戶), etc. And so, Ming's first king, Hongwu(洪武) enforced through the Chinese Traditional Nation Laws(祖法)to diminish the buddhists' exemption of many kind of taxes. Finally, emperors' court protested that buddhist policy should be revised to prevent buddhists from intervening empire's various aspects. For example, buddhists used to rush into capital areas. and they in these sections would rise wheat price, sometimes they became a theft, moreover, they caused to incite people's disturbances. Specially, I agreed in this article to Mano Senryu(間野潛龍), a well-known historian, who said that this dynasty's renewal emperor, Xiaozong(孝宗)’s radical buddhist policy was based on not disusing all the temple in the dynasty but prohibiting new buddhists temples' construction. And so, I insisted that the Authorized Buddhist Certification Seal's Sale was continued through this middle period of the dynasty.

명대 북경의 사찰 造營과 宦官

徐仁範(Seo In-Beom) 동양사학회 2006 東洋史學硏究 Vol.96 No.-

Throughout the history of China, the periods of Han, Tang and Ming dynasties have been considered quite exceptional III terms of evil influences originated by the eunuchs. The Ming dynasty period was even more exceptional. Even though the Founder of the dynasty . Emperor Hongwu, had strictly banned the recruiting of eunuchs or appointing them to governmental positions, based upon the lessons from the past, Emperor Yongle, who ascended to the throne through a political takeover which IS usually referred to as the Incident of Jingnan, the act of eliminating a threat and stabilizing the country), defied the principles of his father and started to appoint eunuchs to national positions, which led to the first of several steps headed for the weakening and the eventual fall of the dynasty. He opened a special office for the eunuchs named Dongchang, and had the eunuchs oversee the status of the governmental officials. Also, during the reigning period of Emperor Zhengtong, the government dispatched eunuchs to local headquarters along the border(Bianzhen) and had them control the army. And during the reigning period of Emperor Chenghua, another special office for the eunuchs named Xichang was established as well. The eunuchs were granted with literally unlimited power, and they strongly asked the emperors to construct Buddhist temples or renovate the existing ones. They also ventured to build Buddhist temples themselves using their financial abilities or donating their own residences. The reason they were so active in this kind of activities was because they had to establish a place where memorial services for themselves would be held after their deaths. So in the effort of securing places where they will be buried, and where incenses would be burned in prayers to the Buddha(Xianghuo), temples were repaired and constructed. The eunuchs were at the side of the emperors, but they were also lonely creatures. They were at the center of power, and were witnessing not only the rise and fall of dynasties but also living and dying of governmental officials. In essence, they were living and dying by the principle of universally retributive justice. In many cases In which eunuchs were involved In constructing Buddhist temples or temples' renovation, the emperors bestowed a hanging board with calligraphy. Also, high ranking officials with necessary knowledge, such as the Libushangshu(禮部尙書) officials who were usually in charge of ceremonial events and protocols and also oversaw the operations of the Senglusi office(the office which directed the Buddhist priests and regulated the Buddhist society), or the Daxueshi figures of the time and other celebrated writers, were put in charge of drafting the contents of those calligraphy documenting the process of construction or renovation. The eunuchs were trying to ensure that their legacy would survive the passage of time, and for them the best way to ensure that was to secure the insertion of names of high ranking officials or great writers in their epitaphs or inscriptions meant for them or structures built by them. On the other hand, the governmental officials or the Shenshi figures(gentry), who had the experience and academic decree, had their own agenda in cooperating with the eunuchs by agreeing to draft such epitaphs and inscriptions. They wanted to expand the range of their political influence. During the Ming dynasty period, gifted people could have a living by offering their service in the form of writing. In other words, they usually engaged in the so-called 「Runbi (潤筆)」 practice. And when the client was a eunuch, the pay was much more decent. For example, when local officials tried to pay a tribute to the central government, the eunuchs usually asked for a bribe. Prisoners who were sentenced to death could buy themselves out by bribing the eunuchs. Eunuch Liujin, who was only in power for mere six or seven years asked people who wanted to pay a visit to the emperor to pay 4, 500

사회복지 프로그램 구성요소개발활동의 실태 및 구성요소의 동질적인 범주성에 대한 실증적 연구 : 3단계 디자인 활동 중심으로

서인해 ( In Hae Seo ),공계순 ( Gye Soon Kong ) 한국사회복지연구회 2013 사회복지연구 Vol.44 No.3

본 연구는 사회복지기관의 프로그램개발 활동에서 나타나는 프로그램 디자인작업의 구성요소의 특징을 이론적으로 분석하고, 이러한 개별 구성요소의 디자인 작업정도가 프로그램 실행지침개발단계 및 수행·평가단계에서 어떻게 나타나고 있으며, 동질적인 범주로 구성 및 변화되는지를 조사하였다. 연구의 분석틀은 프로그램 디자인 및 구성요소 개발과 관련된 이론과 선행연구를 토대로 사회복지 프로그램의 ‘3 단계 디자인 활동’ 모형 속에서 8개의 구성요소 디자인 범주에서 24개의 프로그램 구성요소를 설정하여 사용하였다. 조사대상은 전국의 복지관에서 외부 재정지원 단체의 공식적인 프로그램 공모사업에 지원·선정되어 성공적으로 수행된 실제 사회복지 프로그램 사례이며, 이에 대한 자료 수집은 해당 프로그램의 개발 및 수행을 책임진 사회복지사를 대상으로 한 설문조사를 이용하였다. 최종분석에는 195개의 사례가 포함되었으며, 통계분석방법으로는 기술 분석과 요인분석이 사용되었다. 분석결과, 2단계 실행지침개발단계에서의 프로그램 구성요소 디자인 작업은 생각보다 활발하였으나 3단계 프로그램 수행·평가과정단계에서의 구성요소 디자인 작업은 상대적으로 낮은 편이었다. 프로그램 구성요소별로 디자인 활동의 정도는 편차가 매우 높게 나타났으며, 특히 개입모델, 프로그램 직원교육, 개입윤리 및 가치, 개입절차 및 과정과 같은 항목은 실행지침 및 수행·평가과정 디자인활동 단계 모두에서 매우 낮은 수준의 디자인 활동을 보여주고 있었다. 프로그램 구성요소에 대한 동질적 범주성에 대한 요인분석 결과로서는 이론적 배경에서 나온 8개의 디자인영역이 실행지침개발단계에서는 6개, 프로그램 수행·평가단계에서는 4개의 동질적인 범주(blocking)로 묶이는 특성을 보여주고 있었으며, 각 구성요소 디자인 범주의 세부적인 구성요소의 성격에서도 변화가 있었다. 본 연구자들은 연구결과를 토대로 사회복지 프로그램 개발에 대한 학술적인 함의와 현장의 사회복지 구성요소 디자인 활동을 보다 체계화시키기 위한 실천적 함의를 구체적으로 제시하였다. The purposes of the study are to describe the feature of the program components, and to identify their changes in the process of designing the social work programs in the community service agencies in Korea. In order to achieve these purposes, the researchers constructed an analytical framework including 24 program components derived from the related literatures. Data was collected by questionnaires answered by the social workers who were in charge of the program development and implementation. Descriptive statistics analysis and factor analysis were applied to exam the features of the program components in 195 social service programs developed by the funds from the Community Chest of Korea and a private funding foundation. As the result of the analysis, the three noticeable features are found; (1) the agencies have very actively involved in the designing work in the process of developing practice guideline, however they have less involved in the designing work in the process of implementing program; (2) program components which are low level in design activities are intervention models, staff education, and practical ethics; (3) 8 categories of components derived from the theoretical perspective are reduced to 6 categories in the process for developing practice guidelines, finally to 4 categories in the process for implementing the programs. The implications of major findings were discussed in academic and practical perspectives in Korea, including future research works in the area.

자폐성장애(ASD) 대학생들의 수업참여에 대한 경험

서인순(In Soon Seo),서은아(Eun A Seo),석민숙(Min Sook Seok),오재분(Jae Bun Oh) 학습자중심교과교육학회 2022 학습자중심교과교육연구 Vol.22 No.21

목적 본 연구에서는 자폐성장애(ASD) 학생들의 대학생활 중 수업참여에 대한 경험과 구체적인 이야기를 듣고 이를 바탕으로 ASD 대학생들의 수업참여에 대한 의미를 알아보고자 하였다. 방법 이를 위하여 대구광역시 소재 4년제 대학에 재학중인 ASD 학생 5명을 대상으로 학생들의 학교생활 경험 중 수업참여에 대해 당사자의 관점에서 개별적인 심층면담을 실시하였다. 수집된 자료는 질적 면담 분석 절차에 따라, 면담 내용을 분석하고 범주화 하면서 그들 내면의 이야기를 도출하였다. 결과 본 연구를 통해 다음과 같이 핵심 주제를 도출하게 되었다. 1) 혼자서 스스로 해결하고자 함, 2) 더 잘 하고 싶은 마음, 3) 나에게 맞는 도움, 4) 힘든 성장의 발판, 5) 함께 때론 홀로인 조별 과제, 6) 동기 유발 상황과 상반되는 상황으로 나타났다. 결론 본 연구 결과가 시사하는 것은 ASD 대학생들의 수업참여에 대한 많은 개선이 요구 되고, 특히 ASD 대학생들은 시스템적인 지원과 함께 가까운 동료, 직계 선배, 교수님들의 지원을 필요로 한다는 것을 알 수 있었다. Objectives In this study, we listened to the experiences and specific stories of ASD students' participation in classes during college life, and based on this, we tried to find out the meaning of ASD college students' participation in classes. Methods For this purpose, five ASD students enrolled in a four-year university in Daegu Metropolitan City were individually interviewed from the perspective of the person concerned about their participation in class during their school life experiences. The collected data were analyzed and categorized according to the qualitative interview analysis procedure, and their inner story was derived. Results Through this study, the following key themes were derived. 1) To solve on my own, 2) A desire to do better, 3) Help that suits me, 4) A stepping stone for difficult growth, 5) A group task that is sometimes alone together, 6) A situation that is contrary to the motivational situation. Conclusions The results of this study suggest that many improvements are required for class participation by ASD college students, and it was found that ASD college students especially need support from close colleagues, direct seniors, and professors as well as systemic support.

채무를 상속한 의사무능력자 및 그의 상속인 보호에 관한 고찰

서인겸(In-kyeom SEO) 한국가족법학회 2011 가족법연구 Vol.25 No.1

The Korean Civil Law enacts the provisions of ‘capacity of enjoyment of rights’ and ‘legal capacity’ in express terms, but does not enact ‘mental capacity’. Therefore, there is no way of protecting mental incompetents who do legal acts but to rely on legal interpretation. We can see that both legal theory and precedent protect mental incompetents through recognizing the concept of mental capacity and interpreting juristic acts of mental incompetents as null and void. We also see the other way of protection which is legal guardians as legal representatives manage the property of mental incompetents and exercise the right of representation after they are declared incompetent. However, in reality, it is very low to use the incompetent system because it has to take annoyed process such as being declared by courts and the declaration fact is posted on the register of family relationship. Therefore, there is no concrete and individual way of protection in the case of that the incompetents without being declared should do certain legal acts positively. Especially, it would be possible that the incompetents could be protected legally and be released from inherited obligations by giving up the inheritance or making a qualified acceptance if they inherit liabilities on their own, but the concrete methods still matter. In this case, the first inheritor who inherited debts passed away without giving up the inheritance or making a qualified acceptance in lack of mental capacity state. On the other hand, the second heir who inherited the first inheritor refuses succession or makes a qualified acceptance. However, the problem is that the Korean Civil Law does not any provisions for regulating this situation. In this paper, I suggest the new legislative measures to solve the problem after I first review which provisions of the Korean Civil Law could be applied analogically.