여성의 임신종결권리의 필요성과 그 함의

양현아(Yang Hyun-Ah) 한국생명윤리학회 2006 생명윤리 Vol.7 No.1

증언과 역사쓰기 -한국인 "군 위안부"의 주체성 재현

양현아 ( Hyun Ah Yang ) 한국사회사학회 2001 사회와 역사 Vol.60 No.-

This is an article to reinvestigate the meaning of Korean comfort women``s testimonies from the lights of the women``s subjectivities and subaltern historiography. In particular, it questions the chastity norms for the women``s sexuality and the essential naming of ``halmony(grandma)`` in representing the survivor women in Korea. Recent studies on sexual violence in the wartime have illustrated how the womanhood or femininity in a society has been reconstructed through such sexual atrocities. The representation of Korean ``military comfort women,`` as the victim of the violence enacted in the colonial and patriarchal social contexts, has become a field of debate which itself represents the collective understanding of this issue in Korean society. It has been a hegemonic field of history-writing. This study is based upon the survivors`` testimonies, which were recorded and transcribed and edited during the period of May 1999- October 2000 by the principle of "survivors centeredness." The nine survivors`` testimonies are presented and through this presentation, it is intended to represent the survivors`` subjectivities. Particularly, experiences regarding marriage relations and offsprings are the ones on which this study focus in order to ``read`` their subjecthood. In this respect, the ``experience`` signals a symptom of her subjectivity as well as an event in her life. Through reading the testimonies, it is discovered that the survivors are the ones who have ``already always`` come one step out of the ideology that one society has imposed on them. Most of them have lived with a man or men, have missed their youth and beauty, supported themselves and the others. Although the survivors have not been free from norms such as chastity, their stories exhibited many other aspects in the experiences and subjectivities much beyond such norms. The study attempts to represent the survivors which have multiple moving, and sometimes contradictory subjectivities in irony. Thus, the survivors`` victim-hood as the ``transparent`` identity becomes questionable and the nature of their subjectivities renders open. Here, the survivor ceases to be an ``silent other`` and their speakings become meaningful. Most of all, they have the language which represents themselves and illuminates who ``we`` are, including the activists/interviewers.

겨울철 논·밭 중량식 라이시미터에서 깊이별 토양수분함량 변동 비교

양현서(Hyun-seo Yang),옥정훈(Jung-hun Ok),허승오(Seoung-oh Hur),황선아(Seon-ah Hwang),오부영(Bu-yeong Oh),김동현(Dong-hyun Kim),박민경(Min-kyeong Park) 한국토양비료학회 2023 한국토양비료학회 학술발표회 초록집 Vol.2023 No.10

여성인권론의 쟁점들과 그 함의

양현아 ( Hyun Ah Yang ) 아세아여성법학회 2006 아세아여성법학 Vol.9 No.-

This is an article to review the international human rights laws and discusses their implications. For the latter, it first discusses the feminist criticism on division of the public and private sphere that international human rights law accommodate. Since most of women have spent most of their lives in the area of ‘private’ such as family and home, sexual and intimate relations, and housework, the human right`s usual ornmission of the ‘private sphere’ can result in omission of the issues of abuse and discrimination what most women could suffer. The Convention of Elimination of All Forms of Discrimination against Women has been a main legal remendies to address the discrimination in the private space the issue of human rights. Secondly, the article then discusses the importance of the remedies that international women`s human rights provision offered for the ‘violence against women.’ Wife battery, domestic volence, rape and forced pornography and prostitution, and violence against women in the warfare are the issues captured by the frame of women`s human rights as the grave violation of the human rights. This women`s human rights area has developed especially during the 1990s and ‘declaration against All Form of Violence against Women’ has been a cornerstone. Thirdly, the essat also raises the issue of ‘tradition’ in the context of gender equality. Athough the legal decisions such as polygamy and veil on Islam women has been easily regarded as the discrimination against women, the issue presents more complex tasks. How could the feminist human rights lawyers and researchers in non-Western societies that often suffered from colonial occupation, could advances the condition of women`s human rights without ‘bury’ its entire culture as the useless? How could the principle of gender equality be substantiated within the context of its social reality? The discourse that goes beyond the blind belief in the universalism as well as the narrow provincialism about women`s women rights is further anticipated.

사회과학자가 본 법학연구 사회학적 사고와 법해석의 교감(交感)을 위해

양현아 ( Hyun Ah Yang ) 서울대학교 법학연구소 2006 서울대학교 法學 Vol.47 No.3

This article intends to foster an fruitful interaction of social theory and interpretation of the law. How could it be useful to review the legal practice from the perspective of social science? I believe it would be very useful and even necessary. Thus, the article problematizes the notions such as fact-finding, and human behavior employed in the judicial decision from the light of relevant concepts in social theories. Particularly, the essay deals with three issues : issues involve in fact-finding in judicial procedure and empirical research in social science; the issues of lawyers` linguistic representation and belief in the factual truth; and the issues of context within which the legal actions were taken place. From discussion of the legal realism, fact-finding in the judicial process was a critical and yet questionable process. With underdevelopment in the method of collection, interpretation of the facts in the legal science to compare to social science, the data of empirical research in social science can be employed in many legal cases. Whereas applicability of empirical data to the filed of law must be immense, this does not mean every issues of fact can be solved through the empiricism. Empirical data in social science has not been immune from the question of viewpoint and positionality. The emphasis in language in social science precisely offers the tools for engaging with the question of `fact` in the legal vocabulary. From the linguistic paradigm in 20th century social science, there will be no `reality` known without representation of the symbols. The law as the linguistic system is tantamount to the grammar to organize the social reality. Through the channels of legal notions and rules, lawyers see, define, and construct the facts pertinent to the cases. The essay prescribes the lawyers` linguistic situation as double bondage that designates the bondage of language and that of lawyers` closed legal community. The ordinary linguistic world, however, is also filled with dominant world view, or ideology. Thus, the lawyers need to have critical distancing from it, and critical reflection about lawyer herself or himself. The next issue was about the context of legal behavior. From the case of `Nonghyup,` the attitude of ignoring the context of legal action was discussed. The direct context or even the reason that led to the legal actions such as signing the legal document was only named as a `situation.` Thus it was treated neither as a very important factor nor as a cause of an action. Although some could evaluate this attitude as legal positivism, it results in a very narrow interpretation of `the action`. Yet others could interpret the case as a policy-oriented decision in the context of IMF crisis in Korea. The basic data about pertinent company and employees, however, does not confirm that this decision is based upon a correct understanding of the social reality. In this sense, policy- or politics-oriented decision is very different from the decision based upon social science. From above discussions, we can expect that the exchange between viewpoints and language of legal and social sciences will bear many fruitful results. The legal education ought to train the lawyers prepared for that exchange, and social scientists also need to recognize the legal specificity and procedural importance.

의료법상 태아의 성감별 행위 등 금지 조항의 위헌 여부 판단을 위한 사회과학적 의견

양현아 ( Hyun Ah Yang ) 서울대학교 법학연구소 2009 서울대학교 法學 Vol.50 No.4

This study deals with the constitutionality of the Article 19-2 Paragraph 2 in the past Medical Law. The article under review has prohibited the obstetricians from notifying the sex of the fetus to its mother and her family. Two citizen-one lawyer and the other, an obstetrician filed this constitutional suit. Based upon my `amicus curiae brief`, submitted for the case, this study tries to construct a `social-scientific` reasoning within the principle of `proportionality` as stipulated in the Article 37 Paragraph 2 of the Korean Constitution. For instance, the yearly statistics about sex ratio, birth rate, and data about the social attitude toward the gender of the offsprings were interpreted in terms of the question if the stipulation has been a proper means for the purpose. Furthermore, this article critically examines the purpose of the stipulation. Although the phenomena of `son-preference` and accordingly illegal abortion of the female fetus have been often found in Korea in the past, this could not be merely a matter of individual`s choice. Yet, the policy standpoint embedded in this stipulation has attributed the son-preference to the sex-discriminatory parents. In this respect, the sociolegal nature of this study is not confined to the utilization of the empirical data, but more importantly extended to the interpretation of such data and social phenomena. Based upon this reasoning, this study concludes that the article cannot be compatible with the Constitution of Korea. On July 31, 2008, the Constitutional Court in Korea delineated a decision, the Article being `incompatible with the Constitution`-the basic right to pursue happiness and freedom of vocation with eight out of nine judges joining the majority opinion.

토론문

양현아 ( Hyun Ah Yang ) 법과사회이론학회(구 법과사회이론연구회) 2006 법과 사회 Vol.0 No.30

기념기고 논문 : 최근 여성차별철폐협약(CEDAW)의 한국정부에 대한 권고사항 -유보조항 가족성(家族姓) 규정을 중심으로-

양현아 ( Hyun Ah Yang ) 서울대학교 법학연구소 2013 서울대학교 法學 Vol.54 No.3

This article examines the Concluding Observations of CEDAW Committee at 49 th Session held in July 2011 that included the Recommendations for the Government of Republic of Korea. This study focuses on the issue of Reservation of the CEDAW Convention, since Korean government still reserves one article, Article 16 paragraph 1 (g), which is about the gender equality in choosing the family name and the vocation. For the basic understanding, the article introduces the main principles, and procedure of the CEDAW. It then reviews the critical Recommendations provided in the Session. Particularly, the Committee expresses the concerns about the capacity of Ministry of Gender Equality and Family in Korea; the lack of necessary measure to prevent and punish human trafficking, exploitation of prostitution and the domestic and sexual violence. The Committee also made a strong urge to strengthen the government`s efforts to increase participation of women in the political and public life. A central article in the domestic law for implementing the family name provision in the Convention would be the Article 781 in the Civil Code in Korea. The current article is the one amended in 2005 and the Constitutional Court of Korea examined the constitutionality of the previous Article 781. According to the majority opinion of this case in the Constitutional Court, the surname provision in which ‘the child shall follow the father`s surname and place of origin’ would not be unconstitutional.

실증주의 방법론과 여성주의 법학

양현아 ( Hyun Ah Yang ) 서울대학교 법학연구소 2005 서울대학교 法學 Vol.46 No.2

'전통'과 '여성'의 만남

양현아(Yang, Hyun-ah) 한국법사학회 2002 法史學硏究 Vol.25 No.-