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      • 大韓帝國から大韓民國へ ―「民主共和國」に至る背景―

        ( Kokubun Noriko ) 아세아여성법학연구소 2011 아세아여성법학 Vol.14 No.-

        朝鮮半島における近代國家形成の道は, 1910年の日韓倂合をもって日本の植民地支配に飮み入まれることで, 閉ざされることとなった。しかしその一方で, 19世紀末に始まる朝鮮の近代國家形成の思想は, 愛國啓蒙運動から獨立運動へと一定の連續性を持ちつつ, 發展していった。獨立運動時代の思想は戰後の韓國憲法の文脈においても, 1948年の建國以降の歷代憲法前文が3·1獨立運動に言及してきたことで現代に至るまで憲法思想の根幹におかれてきた。韓國憲法思想史を考える上で, 獨立運動, 特に臨時政府の憲法思想は, 植民地時代以前と戰後の建國との間を繫ぐ連結点であり, かつ一つのタ-ニングポイントを成すものとして重要である。連結点という点では, この時期の憲法思想が韓國における近代國家思想の導入とその展開の一連の過程のなかでどのように位置づけられるのかを分析することが必要となる。一方, タ-ニングポイントという点では, 臨時政府が「民主共和國」を名乘り, 君主制に決別したことに着目する必要がある。本稿では, 「民主共和國」の憲法が成立する背景にどのような思想的背景があったのかを考察する。朝鮮王朝は1897年に「大韓帝國」と國名を改稱し, 1899年には「大韓國國制」を發布する。「大韓國國制」は對外的には近代獨立國家をアピ-ルするものの, 國內的にはそれまでの立憲國家化への動きに逆行する專制君主制を謳うものであった。專制君主制の特徵は議會をもたないところにあった。しかし遡って考えれば, 議會開設は「大韓帝國」成立以前に立憲國家化を目指した親日派による改革でも導入されなかったものであった。この点に親日派の國家觀に基づく改革の限界があったように思われる。 Path to building a modern nation in Korean peninsula was closed when Korea came under the colonial rule of Japan by Japan`s annexation of Korea in 1910. But the philosophy of modern nation building in Korea which began at the end of 19th century developed maintaining certain continuity from patriotic enlightenment movement to independence movement. Political idea of independence movement period has stayed at the root of constitutional thought to today, as is seen in the fact that the preambles of successive constitutions since the independence of 1948 referred to 3.1 independence movement. In considering history of constitutional thought, constitutional thought during independence movement, especially of the provisional government, is the connection linking nation building before the colonial period and that of postwar period, and it is also important as a turning point. From the viewpoint of connection, it is important to analyze how the constitutional thought of this period is positioned in the series of process of introducing thoughts of modern state and its development, while it is necessary to pay attention that the provisional government called itself “Democratic Republic” and parted from monarchism from the viewpoint of turning point. This paper examines theoretical background behind establishing constitution of “democratic republic”. Chosun Dynasty changed its name to “Great Han Empire” in 1897, and promulgated 大韓國國制(Constitution of Great Han Empire) in 1899. 大韓國國制 appealed modern independent nation to the outside, while declaring absolute monarchism to the inside retrogressing the movement toward building constitutional state until that time. Absolute monarchism featured in not having parliament. In retrospect, establishing parliament was not introduced at the reform by pro-Japanese group who aimed for constitutional state before the establishment of “Great Han Empire”. This can be considered as the limit of reform based on the view of nation by the pro-Japanese group. After the establishment of Great Han Empire, reference to “republic” appeared in patriotic enlightenment movement born in the process of promoting protectorate forming and colonization by Japan. The concept of “republic” is developed with the slogan “realization of equality” in the resistance against colonial rule. That is to say, it was the political idea of resistance against the colonial rule rather than the resistance against monarchism that became the great factor for choosing “democratic republic”. At the same time, constitutional thought of the provisional government diverted widely from the thought of pro-Japanese reformists.

      • マイノリテイの權利槪念

        ( Kokubun Noriko ) 아세아여성법학연구소 2007 아세아여성법학 Vol.10 No.-

        Minority rights have been debated within intemational law predominantly as a matter conceming the preservation of ethnic minorities. When discussing minorities these days, the primary point of reference for the concept is what is stipulated in article 27 in the International Covenant on Civil and Political Rights, which states the following: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language." However, this understanding of minorities as proposed in the context of international law represents a narrow notion of minorities. Presently there is a wide array of minority groups, including women, children, the disabled, etc. This paper will consider these groups as part of a broad notion of minorities and it will examine the relationship of this broad notion with the narrow notion of minorities, analysing the problems that arise form these conceptualisations. According to the narow notion, a minority is a group that possesses some kind of unique quality that distinguishes it form the majority and has a desire to preserve its distinguishing quality. This understanding also assumes that affiliation with a minority is up to the individual and her subjective definition of her identity. A broad understanding of a minority, on the other hand, comprises groups beyond the ones that aim to preserve some distinct qualities. On the contrary, it covers groups who wish to get rid of their distinction form the majority, or would prefor to be assimilated with the majority. Consequently, when considering minorities in the broad notion, it is difficult to find any other definition for them than groups that face some form of discrimination. However, considering broad minorities as nothing more than groups that are discriminated against makes it difficult to establish the individual`s affiliation with the minority and her subjective sense of identity. These groups are united by virtue of discrimination and work together to secure their rights. Such grouping perhaps compose significant bodies in a practical sense, but recognising fixed characteristics or identities in such collectives is equivalent to acknowledging minorities that, in fact, have been singled out by the criteria of discriminatory majorities. Giving the definition of minorities increased flexibility carries the hazard of complicating the meaning of mionrity rights. Asseriting rights in the name of minrity rights may have some contemporary and practical signficance. However, further consideration should be given to whether it should constitute a new legal category in the order of human rights.

      • 「多様性」が憲法学にもたらす意味

        國分典子 ( Kokubun Noriko ) 아세아여성법학회 2023 아세아여성법학 Vol.26 No.-

        近代憲法は、 国民の同質性を基礎とする国民国家概念の下で発展してきた。 この枠組の下で、 平等の問題も、 同じであるはずの個人を「別扱い」するときに「合理的区別」といえるかどうかという観点から議論されてきた。 しかし、 国際社会がマイノリティの問題に目を向けるのと相まって、 憲法学においても社会構造の中のマイノリティの存在が意識されるようになった。 マイノリティに関しては当初、 国家と個人の関係を規律する憲法上の人権論においてマイノリティの集団的性格をどう位置付けるかが論点となった。 が、 今日ではこれを越えて、 「同質」ではなく「多様」な個人を前提とする人権論が生まれつつある。 本稿では、 アファーマティブ·アクションについての日本での議論、 および近年の日本における同性婚訴訟を例として、 「多様性」の視点が従来の平等論の分析枠組にどのような変化をもたらしうるのかを考察する。 Modern constitutions have developed under the concept of the nation-state, which is based on the homogeneity of the people. Under this framework, the issue of equality has also been discussed from the perspective of whether or not it is a “reasonable distinction” when individuals who are supposed to be the same are treated differently. However, coupled with the international community’s attention to the issue of minorities, there has been an increased awareness of the existence of minorities in constitutional law as well. Initially, the issue of minorities was how to position their group character in constitutional human rights theory, which regulates the relationship between the state and the individual. Today, however, a theory of human rights based on the premise of “diverse” rather than “homogeneous” individuals is emerging. This paper examines how the “diversity” perspective may change the traditional analytical framework of equality theory, using the debate on affirmative action and the recent same-sex marriage lawsuits in Japan as examples.

      • KCI등재

        연변조선어 젊은층 화자의 용언 악센트에 대한 연구

        고쿠분쓰바사 ( Tsubasa Kokubun ) 한국방언학회 2021 방언학 Vol.- No.33

        본고에서는 연변조선어의 용언 어간 및 활용형의 악센트가 젊은 층 화자에서는 어떻게 실현되는지를 고찰한다. 조사는 연길시 출신 20대 화자 3명을 대상으로 하였다. 본고에서 새롭게 확인된 것은 아래와 같다. ①L1 타입에서는 Ramsey(1991)의 [Class1]과 [Class7]가 유추적 평준화로 인하여 [Class1] 쪽으로 통합하였다. ②1음절 어간 용언의 L2 타입은 화자에 의한 변동형이 많으며, <-(으)니>가 결합하면 어간에 악센트 핵이 놓이는 경우가 많이 나타난다. ③LH 타입 2음절 /ㄹ/ 어간 용언에 <-(아/어)도>, <-(았/었)다>가 결합할 때 어미초 음절에 핵이 이동한 예가 나타났다. 이는 1음절 /ㄹ/ 어간의 대부분이 H2 타입인 것에 기인하는 유추적 확대라고 볼 수 있다. ④<-(ㄴ/는)매>가 용언 어간에 결합할 때, 음조형에서 한번 H 피치가 나타나면 악센트 핵이 삭제되며 활용형 말음절까지 H 피치가 연속한다. 이것은 문법화 이전의 음조형이 결합형으로 남아 있기 때문이라고 생각된다. ⑤2음절 이상 어간에서 변동형이 많으며, 尾高型으로 이끌려서 통합해 가고 있다. This study analizes the realization of Yanbian Korean accent of verb stems and verb complexes pronounced by yonng speakers. To gather data for this study, auther resarched to three students who are 20's and from Yanji, China. The findings as below ①In L1 type, we can find that Class7 of Ramsey (1991) is being merged with Class1 because of analogical leveling. ② Verbs of L2 type have accent fluctuation. Also, the accent kernel is put at the stem when <-니> is bound. ③Disyllabic /ㄹ/ stems in LH type, examples in which accent kernel is put at the first syllable of the particle are found when <-(아/어)도> or <-(았/었)다> is bound. It is because of analogical extension caused by the fact that most of monosyllabic /ㄹ/ stems are H2 type. ④ When <-(ㄴ/는)매> is bound to stems, H pitch continues to last syllable of the verb complex if once H pitch is appeared. It is because of remaining of pitch shape which is before gramaticalization has done as bounded forms. ⑤A lot of accent fluctuations are found in polysyllable stems, and they are being attracted to final-high accent.

      • KCI등재

        Diel diving behavior of breeding gentoo penguins on King George Island in Antarctica

        이원영,Nobuo Kokubun,정진우,정호성,김정훈 한국통합생물학회 2015 Animal cells and systems Vol.19 No.4

        Many marine birds dive to catch prey in water. The gentoo penguin (Pygoscelis papua), a specialized diving seabird that preys on krill and fish, is distributed from the sub-Antarctic islands to Antarctic regions. Here, we observed the diving behavior of breeding gentoo penguins on King George Island, South Shetland Islands, Antarctica. Using a time–depth recorder, we collected diving depths every second from seven gentoo breeders for 5–21 days during the chick-rearing period and analyzed their diving characteristics. Most dives occurred in shallow water, although the dive efficiency (=bottom duration time/[dive duration + post-dive surface time]) was highest at depths of 30–35 m and decreased as the penguins dove deeper. Gentoo penguins did not dive more frequently during the day than at night, but during nighttime, most dives occurred in shallow water (<20 m) and the dive efficiency was also higher at this time. As penguins repeated their foraging trips, the number of dives, depth of dives, and trip duration did not change significantly. Our results suggest that the diel dive patterns of gentoo penguins might be related to the vertical migration of krill (upward to the surface at night). In addition, we observed that gentoo penguins could perform active diving behavior even at night, possibly aided by civil twilight during the chick-rearing period in Antarctic regions.

      • A Prototype Real-Time System for Assessing Vigilance Levels and for Alerting the Subject with Sound Stimulation

        A,Ueno,S,Kokubun,Y,Uchikawa 한국과학기술원 인간친화 복지 로봇 시스템 연구센터 2007 International Journal of Assistive Robotics and Me Vol.8 No.1

        This paper presents a prototype real-time system that assesses the vigilance level of a subject and alerts the subject with sound stimulation when the assessed vigilance level is below a predetermined threshold. An acceleration property of saccadic eye movement, which is measured with a limbus eye tracker, is used as an index of the vigilance level. The algorithms for computing the index and for triggering sound stimulation according to the index value were implemented in a digital signal processor for realizing a real-time system. The developed system was evaluated through eye tracking tasks. The results indicated that the developed system stably assessed the vigilance level and stimulated the subject as designed when necessary. Although more precise and wide investigation is necessary to make a conclusion, we could confirm quantitatively that the system was able to arouse the subject by using sound stimulation. These results indicate a feasibility of the developed system not only for vigilance monitoring and subject stimulating, but also for exploring quantitatively effective conditions of stimulation to arouse the subject.

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