Development of Teacher Education in the Union of Myanmar

이경희(Kyung Hui Lee) 경희대학교 교육발전연구원(구.교육문제연구소) 1994 慶熙大學校 敎育問題硏究所 論文集 Vol.10 No.-

오키나와 「토오토메」承繼에 관한 一考察

李庚熙(Lee, Kyung-Hui) 한국법사학회 2000 法史學硏究 Vol.21 No.-

死後胞胎의 자기결정권에 관한 일고찰

이경희(Lee Kyung-Hui) 한국가족법학회 2007 가족법연구 Vol.21 No.3

There is no legislation about posthumous reproduction in Korea. And the long-term effect of inevitable changes in the stucture of families and quality of relationship created by assisted reproduction are not widely discussed and have not yet become the subject of research in the social science. But this paper only concentrates on what is an adequate decision-making framework for posthumous reproduction. A traditional property model does not reflect the value of gametes and embryos to the individual concerned. Because property does not speak to the significance of genetic links, genetic continuity and potential personhood inherent in our relationship with our gametes and embryos. Therefore I propose in this paper that the interest of all parties concerned - the deceased, the widow, the child - as well as the broad social interest, must be weighed if we are to decide on the ethics of posthumous reproduction.

동일본대진재 관련특별대책입법에 관한 연구

이경희 ( Kyung Hui Lee ) 한남대학교 과학기술법연구원 2014 과학기술법연구 Vol.20 No.1

With the Great East Japan Earthquake as momentum, this paper aims to provide basic materials for legal measures in order to response to numerous disasters, such as earthquake, tsunami, nuclear accident that may happen in Korean peninsula, and draw nationwide legal attentions to all sorts of disasters, through observing Japanese laws and regulations in response to the Great East Japan Earthquake For this, the main focuses of this paper are concentrated on taking a general view of the laws and regulations in response to the Great East Japan Earthquake which are divided into several times on the basis of design criteria with compilation of first revised budget and establishment of the Basic Act on Great East Japan Earthquake Reconstruction after the first stage correspondence(II), and studying the legal features of some important laws in three field of earthquake, tsunami, nuclear crisis(III), and finally examining the Basic Act on Great East Japan Earthquake Reconstruction which contains basic philosophies and reconstruction programs in reponse to the Great East Japan Earthquake(IV).

성적소수자의 가족구성권 -미국 second-parent adoption을 중심으로-

이경희 ( Kyung Hui Lee ) 아세아여성법학연구소 2005 아세아여성법학 Vol.8 No.-

Second parent adoption (also called co-parent adoption) refers to the ability of unmarried couples to petition jointly for the adoption of their children. This means a legal procedure that allows a same-sex parent to adopt her or his partner`s biological or adoptive child without terminating the first parents legal status as a parent. Second parent adoption protects children in same-sex parent families by giving the child the legal security of having two legal parents. Second parent adoption also protects the rights of the second parent, by ensuring that he or she will continue to have a legally recognized parental relationdhip to the child if the couple separates or if the biological (or original adoptive parent) dies or becomes incapacitated. Second parent adoption usually take place in the context of a female couple in which one partner is the biological mother through donor insemination, or in the context of a male couple in which one partner has already adopted as a dingle parent or has become the legal father of a child through a surrogate mother. Second parent adoption is not possible where a lesbian, gay, or bisexual parent has custody of a child from a previous heterosexual marriage or relationship, unless the former spouse or former partner is willing to give up his or her parental rights. Second parent adoption is also not possible where a lesbian or bisexual woman in a same-sex co-parenting relationship has had a child through donor insemination and where the sperm donor is a legal father, unless the donor is willing to give up his parental rights. Second parent adoption has been granted in a steadily growing number of state and county jurisdictions in USA.

자(子)에 대한 부모의 부양의무의 법적 근거

이경희 ( Kyung Hui Lee ) 연세대학교 법학연구원 2014 法學硏究 Vol.24 No.1

현행 민법전에는 미성년의 子에 대한 부모의 부양의무에 관한 독자적 규정은 없다. 민법에서 그 법적 근거를 찾겠다는 노력은 대체로 두 가지 학설로 나누어진다. 하나는 친권으로부터 부모의 부양의무가 도출된다는 것으로 제913조를 실정법적 근거로 보는 견해이고, 다른 하나는 법적 친자관계로부터 부모의 미성년의 子에 대한 부양의무가 도출된다고 보아 제974조를 실정법적 근거로 삼는 견해이다. 이 글에서는 부모의 미성년의 子에 대한 부양의무의 실정법상 근거를 직계혈족간의 부양의무를 규정하고 있는 민법 제974조와 친권에 의한 양육의무를 규정하고 있는 제913조 이하에서 동시에 도출함으로써 子의 복리에 초점을 둔 해석론이 될 수 있음을 살펴보고, 그러한 관점에서 부양의무와 양육의무와 관계를 명확히 하려고 노력하였다. 어느 한가지만을 법적 근거로 삼아야 할 이유도 없거니와, 입법론적으로 적절한 근거규정이 마련되지 않은 현상황에서의 최선이라고 생각하기 때문이다. 또 이렇게 해석함으로써 제1차적 부양과 제2차적 부양의 준별을 바탕으로 형성된 종래의 이론을 극복할 수 있을 것이다. 이러한 관점에서 종래 친권관계설과 법적 친자관계설의 문제점 극복을 위한 새로운 이론의 가능성을 제시하고(II), 미성년의 子에게 고유재산이 있는 경우에 부모의 부양의무와의 관계를 검토하고(III), 또 친권자의 양육의무의 이행과 부모로서의 부양의무의 이행의 관계를 정리해 보고(IV), 마지막으로 성년에 이른 子에게 통상의 교육비나 장애로 인한 지원이 필요한 경우에 부모의 부양의무의 법적 근거에 대하여 간략히 언급하였다(V). Parent`s duty to support a child is not expressly provided in Korean Family Law. There are two opinions to find out the legal ground of parent`s duty to support a child in statute. One of the opinions is that parent`s child support duty is grounded on parental responsibility (Korean Civil law §913), the other on legal parent-child relationship(Korean Civil law §974). Nonetheless, few studies are contributed to this subject. This article aims to provide basic aspects required to build up a new legal system for child support focusing on welfare of children, considering practically uprising needs, increasing support expenses conflicts between parents, and futhermore the relations with public assistance. For that to happen, it will be needed to cast off trite dichotomically dividing theory of support concept, to arrange of support related legal terms, and to look into the legal ground of parent`s child support duty. In this respect, this article tried to present new possible explanations to overcome the problems of two opinions concerning the legal ground of parent`s child support duty(II), to clarify the relation between child`s own property and parent`s child support duty(III) and the relation between custody and child support duty(IV), and to find out legal ground of parent`s child support for adult children(V).

朝鮮明宗代의 佛敎中興과 虛應堂普雨

이경희(Lee Kyung hui) 보조사상연구원 2015 보조사상 Vol.44 No.-

명종대 보우의 활동과 불교 중흥의 이면에는 문정대비의 개인적인 숭불성향 이외에 유불간의 대립, 왕실불교의 동향, 척신정치, 승려호패제, 사원경제의 변화 등 사상적인 문제를 비롯해 불교와 관련한 정치·경제·사회 전반의 문제들이 복합적으로 얽혀 있다. 당시의 척신집권층은 피역승의 증가와 그에 따른 사회문제를 불교세력과 연계하여 해결하고자 하였는데, 섭정내내 숭불성향으로 일관하던 문정대비는 정책적인 해결책으로서 불교의 선교양종의 복립을 명하였다. 이는 성리학적 질서가 조선사회 전반에 자리잡아가던 흐름에 반하는 조치로서 조야 유신들의 격렬한 반대를 불러일으켰다. 그럼에도 불구하고 문정대비는 보우를 등용하여 양종복립을 구체화하였으며, 보우는 문정대비의 강력한 지지를 바탕으로 불교계를 대변하여 불교세력의 확대와 교단의 정립을 적극적으로 도모하였다. 보우는 공식적으로 등용된 후에는 도승제와 승과실시 등을 주도하였는데, 이를 통해 상당수의 피역승이 도첩을 발급받아 합법승이 됨으로써 사회 불안 요소이던 피역승이 제도권으로 유입되었다. 이는 또한 당시 승려의 수준과 사회적 지위가 향상되었음을 의미하는 것이었다. 승려의 수준과 사회적 지위가 향상되고 이들을 통령할 불교계 자체의 체계가 갖추어졌다는 것은 문정대비의 개인적 숭불성향을 만족시키는 차원을 넘어 피역승의 문제해결을 통한 입지강화라는 척신세력의 의도와 승단의 정비를 통해 보우가 숙원하던 불교부흥이라는 양쪽 모두의 요구를 충족시키는 것이었다. In the background of activities of Bou and Buddhist restoration, ideological, political, economic and social problems in general were intertwined in a complex manner on Buddhism in Myŏngjong(r.1545-1567) era. It was such as Confucianism and the conflict between Buddhism, Royal Buddhist trends, politics of the mother of relatives, certificate issuance policy for monks, changes in the temple economy. The problem was more than a personal faith dimension of Queen Munjeong. The main forces that came to power of the Myŏngjong era(戚臣) were trying to solve in cooperation with the Buddhist, about the social problems associated with the increase of people who became monks to avoid the corvee(避役僧). Queen Munjeong was consistent as friendly trend in regency period Buddhism. And as a political solution, she ordered the restoration of Seon(禪)and Kyo(敎) schools. This was the action that was opposed the flow of the Confucian order that was spread throughout society of the Chosŏn(朝鮮). It aroused strong opposition from officials who adored the Confucianism. Nevertheless Queen Munjeong appointed the Bou chief executive and embodied the restoration of Seon and Kyo schools. Bou who was representative of Buddhist based on the strong support of the Queen Munjeong, tried to actively the establishment and expansion of the Buddhism forces. Bou, after he was formally appointed, led enforcement of examination of selecting the elite monk and certificate issuance policy for monks. As a result, many people who became monks in order to avoid the corvee(避役僧) had been guaranteed by identification. They became a legitimate monks. Therefore, piyŏkseung(避役僧) was anxiety element of society had flowed into the system area. It would also mean that the qualities and social status of the monks improved at the time. And The system of the Buddhist community itself came equip. It was more than a level to satisfy the individual Buddhist faith of the Queen Munjeong. Cheoksin(戚臣) behind the Queen of the Myŏngjong era, wanted to position strengthened through the resolution of social problems. Bou was eager to restoration of Buddhism. The establishment of Buddhist Policies were intended to satisfy both needs in Myŏngjong era.

사후포태(死後胞胎)를 위한 사후 생식물질의 추출

이경희 ( Kyung Hui Lee ) 한남대학교 과학기술법연구소 2009 과학기술법연구 Vol.15 No.2

The view that postmortem sperm retrieval and insemination should not be performed without explicit prior consent is generally accepted in most countries. It seems that explicit consent theory is a concern to respect previously alive persons and to be respectful to their dead bodies. Because respect for the previously alive person includes respect for that person`s autonomy, the extension of the right to privacy to posthumous procreation until after death would be necessary. So it is clear that explicit prior consent would be recognized as legally valid. In this article, I also argued that if the purpose of explicit prior consent is to protect person`s autonomy, reasonably inferred consent also could make postmortem sperm retrieval ethically justifiable. The universal principle of human dignity and freedom demands that competent individuals have freedom of choice over their action even after death, as long as their choices harm no one else. We can give a child a chance to be born who otherwise would not be. And the dead man`s spouse or parents will be given the pleasure of a child in some compensation for their great loss. But against all these stands the interest of the child to be born. We must consider whether we are using the child as a means to satisfy other people`s needs and desires and ignoring or devaluing the child`s own interest or not. If the child is born to a good family who cares for the child and is willing to educate and emotionally support it, it should not matter how the procreation took place. The issue is not how the procreation took place, but how the child will be raised. And all relevant ethical and legal authorities should be consulted. I suggested that it may be useful to set up a multi-agency committee participating legal, ethical and educational experts.

기조발표 : 과학기술법연구의 회고와 전망

이경희 ( Kyung Hui Lee ) 한남대학교 과학기술법연구원 2006 과학기술법연구 Vol.11 No.2

might be neglect of responsibility for lawyers to have an attitude that studying science and technology belongs to the realm of scientists not lawyers, under the circumstance that new problems are continuously arising and new regulations are continuously enacting, revising and repealing according to scientific innovations. Equally, it might be neglect of responsibility to think that studying science and technology law is none of scientists` business at all. And it is not appropriate idea that science and technology law could be handled by scientists and policy planners of science and technology, because science and technology law is deeply concerned with science and technology policy science. Science and technology law could be sufficiently developed through the joint research of law, natural science, economics, business administration, public administration, sociology, philosophy, ethics, psychology etc. To cope with the difficulties concerning Korean science and technology law, it is necessary to take systematic and academic approaches studying science and technology law totally, instead of traditional method of studying individual law case by case. From this viewpoint, this article concentrates on the necessity and feasibility of jurisprudence in science and technology law and problems to overcome.

교육실습의 내용과 환경 분석 -경희대학교 교육대학원을 중심으로-

이경희 ( Kyung Hui Lee ) 경희대학교 교육발전연구원(구.교육문제연구소) 2004 慶熙大學校 敎育問題硏究所 論文集 Vol.20 No.1