미국 1870년 민권법(Civil Rights Act of 1870)과 이민자들 - 19세기 중국인 쿨리(Coolie)를 중심으로 -

오영인(Oh, Young-In) 효원사학회 2019 역사와 세계 Vol.- No.56

본 논문은 미국의 1870년 민권법(Civil Rights Act of 1870)과 이민자들과의 관계를 통해 특히 중국인 쿨리들의 다층적이고 다양한 역사 경험을 재발굴 해보고자 한다. 19세기 중국인 쿨리에 대한 대부분의 기존 연구는 서부 백인노동자들이 경쟁적으로 여론화했던 소위 ‘황인종의 위협(Yellow Peril)’에서 미국적 가치를 지키기 위해 중국인 쿨리들을 일상 생활에서뿐 아니라 법과 제도적으로도 격리하고 차별한 인종적 타자로서의 쿨리 연구가 압도적이다. 물론 쿨리 노동력의 노동효율성으로 인해 경제적인 관점에서 미국의 영토 확장에 필요했던 값싼 노동력으로서의 쿨리노동 혹은 자본의 폭력성과 연계되어 작업장에서 착취당하는 이민노동자로서의 쿨리에 대한 연구들도 다수 발표되었다. 그렇다면 쿨리들은 미국 사회에서 자본의 논리로 착취당하고 인종적 타자로 차별 당했던 희생자이기만 한 것일까? 1870년 민권법의 재해석을 통해 이 질문에 답하는 것이 본고의 목적이다. 강제법 혹은 KKK법으로도 익히 알려져 있는 1870년 민권법은 남북전쟁 이후 해방된 흑인의 인권보장이라는 너무도 명백한 목적으로 제정되었다. 그런데 이런 대의에 묻혀 그동안 우리가 간과하거나 무관심했던 것은 1870년 민권법 제16조와 17조항(Sect. 16, 17)이다. 이것은 미국 법제사 중 최초로 미국 시민이 아닌 외국인(alienage)의 인권을 언급한 법 조항으로써 유일하게 인종뿐만 아니라 국적에 있어서도 중립적인 법적 보호망이었다. 이에 1870년 민권법은 연방외국인보호법(The Federal Alienage Protection Act of 1870)으로 불리기도 한다. 더욱 중요한 사실은 이 두 조항들이 민권법에 포함되는 데 결정적 역할을 한 주체가 바로 중국인 이민노동자들이었다는 사실이다. 노예해방 이후 재건기라는 시대 상황 속에서 평등의 개념을 (재)정의하고 인권보호의 정당성을 시민에 한정시켰던 것을 비시민의 법적·제도적 인권보장으로 확대하는 데 있어 이민노동자 쿨리들은 결코 수동적인 희생자가 아니었던 것이다. 오히려 그들은 미국 사회의 한 구성원으로서 법과 제도의 발전적 변화를 이끄는 능동적이고 주체적인 자극제였다. 이에 본고는 미국에 유입된 쿨리는 누구였는가라는 근본적인 질문에서 시작하여 미국 사회에서 이들의 실질적인 삶과 저항들이 미국의 법체계와 법의식의 발전에 어떤 역할을 했는지를 1870년 민권법을 통해 보여줄 것이다. 더불어 중국 이민자들이 1870년 민권법 중 외국인 인권조항을 실제로 어떻게 활용하고 어떤 성공적인 결과를 도출했는 지를 익 우(Yick Wo) 대법원 판례를 통해 증명해보고자 한다. This study tries to re-discover various and multilayered historical experiences of chinese coolies by examining the relations between Civil Rights Act of 1870 and Chinese labor immigrants in the 19th century. Previous studies on chinese coolies in the 19th century, overwhelmingly, focused on the discourse of racial discrimination because of the fact that white laborers in California, in the milieu of so called “yellow peril,” regarded chinese as a serious social threat. Therefore coolies were segregated in the social systems and discriminated in everyday life. With a different perspective, there are many studies on chinese coolies who were exploited in the workshop as immigrant workers. Then, were chinese coolies no more than victims who experienced unfair exploitation and discrimination? The purpose of this study is to answer this question by reconsidering the Civil Rights Act of 1870 in relationship with Chinese coolie immigrants. Known as the Enforcement Act or the First Ku Klux Klan Act, Congress enacted the Civil Rights Act of 1870 in order to enforce the terms of the Fifteenth Amendment, which prohibited the states from denying anyone the right to vote based on race. In the Act, however, section 16 and 17 of the Act were forgotten or largely overlooked because of the obvious purpose of the act for freedmen. However this section 16 and 17 of the 1870 Act for the first time prohibits discrimination on the basis of alienage including American citizens. Therefore the 1870 act was known as the Federal Alienage Protection Act of 1870, too. Chinese coolie immigrant workers played an pivotal role who eventually led Congress to enact section 16 and 17 of the 1870 Act. By expanding and redefining a fundamental notion of equality, chinese coolies made very important contributions to American political and legal history which have been ignored. This study answers the following questions: who were chinese coolies; how did chinese coolies resist the unreasonable and unfair American legal system; what kind of roles did chinese coolies do for the development of American legal system. In addition, through the case of Yick Wo in 1886, it tries to prove how chinese immigrants successfully use the legal system in order to survive by appealing to the Supreme court rather than to California state court.

일반논문 : 미국 자유주의와 백인 미국 만들기 -20세기 전반 시민권 정책을 중심으로-

오영인 ( Young In Oh ) 수선사학회 2014 史林 Vol.0 No.47

This study is to explore how American liberalism as a hegemonic discourse at the turn of the 20th century and the half of the century affected federal immigration laws which had been changed from traditional liberal immigration policies to anti-liberal restricted ones. In addition, I examine how individual states and the Supreme Court utilized liberalism for making white America through election laws and the way of defining American citizenship. Historically, the meaning of citizenship has been changed in America where diverse ethnicities with so many different backgrounds live together. Since the beginning of the States, American liberalism continues to provide the basic ideological framework in which most Americans think about politics and society, and liberalism, too, has been so flexible enough to have historically represented both progressive and retrogressive position. With large waves of so-called "new immigrants" from Eastern and Southern Europe at the turn of the 20th century, nativists and Darwinian liberals asserted the law of competition that only the most talented and able members of society would survive and prosper, and Anglo-Saxon race among whites was the superior member of true American. Darwinian liberalism was so closely connected to the laissez-faire doctrine and social darwinist ideologies. Under this rationale, traditional liberal immigration policies had been changed to unliberal restrictive immigration control through federal immigration acts like the Literacy Test Act of 1917 and the National Quota systems in 1924. After the passage of the stringent restrictive 1924 immigration policy, however, most of nativists and liberals no longer focused on the question of openness. The efforts of them turned instead to the issue of filtering naturalized aliens already in the nation and restricting their potential to become full member of American citizens who would participate politics. Under the doctrine of traditional federalism, individual states still had a strong grip to establish qualifications for suffrage, and more than 20 states passed the election law that required voters to demonstrate comprehensive reading and writing ability in English. Legally sanctioned discrimination, the English literacy election law was designed to disenfranchise undesirable yet naturalized linguistic minorities. Based on the prevailed sentiment of white supremacy and Darwinian liberalism, in addition, the Supreme Court developed the category of Caucasian in naturalization decisions. Using the racialized scientific doctrine or common understanding of color, the Supreme Court maintained that the meaning of white expanded to accommodate immigrants from the previously undesirable Europeans from Eastern and Southern Europe. This loss of distinction gave a legal basis for all white Europeans only to be American citizens, making white America slowly but surely. On the contrary, nonwhite`s struggles and resistances for the full membership as an American citizen were buried under the gigantic power of both federal and individual governments and the Supreme Court which paved the ground works for making white America.

미국 문맹테스트 이민법을 통해서 본의회와 이민국의 관계

오영인 ( Young In Oh ) 한국서양사학회 2009 西洋史論 Vol.0 No.103

This study is to reveal why and how the Bureau of Immigration extended its discretionary power in relationship to Congress` attitude toward the law and its administration. It will also explain why the immigration service ended up being both inefficient and dehumanizing and how the conflict between Congress and the Bureau of Immigration, by extension, created an expanded illegal immigration problem. In many studies, scholars of immigration history have pointed out that the federal immigration agency functioned with considerable freedom compared to other government agencies. Since the very beginning of the twentieth century, indeed, the Bureau of Immigration and each immigration station acted largely unchecked in applying its discretion to immigration laws. This discretion led to abuses. Its scope of responsibilities and a heavy work prompted scholars to accuse the immigration agency of inefficient and dehumanizing administration. The history of self-governing immigration policy by the Bureau of Immigration was largely carried on in relation to Congressional attitudes toward immigration issues and immigration laws because Congress and the immigration administration or administrators shared responsibility for running immigration policy. In order to explore the relationship between Congress and the Bureau of Immigration, this study uses the Literacy Test Act of 1917 since it was the first congressional attempt to legislate a systematic restrictive immigration law. In addition, the Literacy Test Act of 1917 played the role of prototype for the relationship between Congress and the Bureau of Immigration. No other immigration laws took such a long time of debates in Congress than the Literacy Test Act. After 4 presidential vetoes, it took almost a quarter century to become the law since its first appearance in an 1893 bill. But after a long and exhausting debate to meet political pressures from various interest groups, Congress did not want to interfere with way to complex and difficult immigration issues, resulting in discretionary administrations. And this development became a standard practice. In the context of the Literacy Test Act and its administration, congressional pressure on the Bureau had mainly two facets: the unwillingness to interfere with immigration issues right after the enactment of legislation, and the matter of money. There was also an enormously wide diversity of individual cases and exceptions that immigration law had to cover. For these reasons, Congress, after passing legislation, tended to delegate further responsibility of preparing regulations to administrative officials. Given Congress` unwillingness to interfere with immigration issues, immigration officers gradually could and did operate with wide latitude, often reflecting the growing racist ideas of the period. However, Congress in the early 1920s was not willing to enlarge the station`s facilities or even repair the existing structures. Rather, by facing a difficult dilemma between the demand from growers for cheap labor and anti-immigrant nativism, Congress negotiated these concerns by focusing on “temporary solutions” such as exempting Mexicans from the literacy test. Congress in 1923 allowed the temporary admission of illiterate laborers on the pretext of relieving the administrative hardship caused by dealing with illiterates habitually crossing at the borders. Facing increasing illegal traffics on the border lines, the immigration service confronted even more complex pressures than just a matter of inadequate budget and lack of capacity. As the restrictive measures of the immigration law began to be felt, this large increase of illegal immigration were not surprising. And, by adding the provision allowing the temporary admission of illiterate laborers, Congress had constructed classifications of entry that supported local and regional labor markets. But this congressional “solution,” with its lack of capacity to provide a comprehensive answer to immigration policy, actually and eventually encouraged illegal immigration.

역사상(歷史上)에서의 인구조사(人口調査)와 통치구조(統治構造) ; 인구,환경학에 가려진 미국의 인종주의 -20세기 후반 신(新)이민제한주의(Neo-Restrictionism) 담론을 중심으로-

오영인 ( Young In Oh ) 수선사학회 2011 史林 Vol.0 No.40

The American immigration policy has changed over times; the time of open immigration, the restrictive era, the time of liberalization of immigration, and then the time of new restrictions. The compositions of immigrants changed over times as well. Thanks to the Civil Rights Movements in the 1960s, American door to immigrants was wildly opened since the liberalization of immigration in 1965, and the States experienced unexpected mass immigrations from undesirable regions such as Asia and Latin America. Due to the chain migration based on ``Brothers and Sisters Act,`` about 50% of the legal immigration population was Asian and 40% was Hispanics (especially Mexican) compared with 5% for Europeans. Facing these dramatic and overwhelming changes, the restricionism was resurged since the 1970-80s, called neo-restrictionism. According to the neo-nativist, in other words, the population of the States has reached its maximum due mainly to immigrants, hence American identity has been endangered especially by the growing number of Hispanics and Asians. Americans clearly revealed fear to become the majority minority nation. For them, it`s about time to control the number of immigrants. As the global power of economics and the world leader in multiculturalism, however, it never been easy for restrictionists to reveal their racist intend on any part of immigration policy. They did need some other way to appeal for anti-immigration sentiment to Americans, sealing their racism. Demographic-Environmentology was given new validity for restrictionists who excessively focused on negative effects of overpopulation on the environmental pollution. Namely, they argued that America has been overpopulated due mainly to immigrants, and those ecocidal immigrants should be restricted for sure. Therefore, this study focuses on: what the demographic, environmentological, and ecological arguments that neo-restrictionists strongly supported;why and how those arguments came from;and what restrictionists tried to hide behind the mask of demographic-environmentology. In addition, it examines why and how different reactions between the federal government and state governments to the demographic-environmentological discourse on immigration. By doing so, it reveals both what neo-restrictionism really want and what unfortunately they miss.

21세기 전환기 미국 여성사와 뉴페미니즘(New Feminism)

오영인 ( Young In Oh ) 역사교육학회 2014 역사교육논집 Vol.52 No.-

This study is for introducing and understanding American Women`s history, particularly new feminism which has been emerging since the mid-1980s. Affected by Civil Rights movement in the 1960s, the New Left criticized the liberal consensus view of American history. Within the historical discipline, in addition, a social and cultural history revolution took place in the 1970s that pushed scholars to emphasize the history from the bottom up such as class formation, regional history, race relations, religions, and gender relations. Emerging from women`s inquiries in the 1960s and the 1970s, women`s history has become one of the most prolific and creative fields in American history. Even so, however, before the mid-1980s, women`s history scholars treated it as a branch of social history which normally emphasized the experiences of ordinary women as a passive agent and the sources of their oppression as women. Women`s history still could not overcome the limits that focused on the rise and fall of Victorian domesticity, with its attention to women`s "separate sphere." By looking at the world as dichotomy between man/woman or public/private sphere, therefore, women`s history before the mid-1980s was criticized as biased analyses. However, since the path-breaking article by Joan Scott in 1986 who introduced the socially and culturally constructed concept of "gender" instead of biological unchangeable concept of sex. Now, the separate public and private spheres became not fixed but socially constructed and possible to change. American women`s history is entering the era of "new feminism" which request historians to change their historical recognition paying more attention to the multiplicity of women`s historical experiences. Both the rise of gender history and the new emphasis on differences among women have reshaped historian`s understanding of women as historical subject. Women`s history is no longer a branch of social history. Historians of law, labor, politics, public policy, race, etc are now recognizing gender as a important category of analysis. This study, in particular, explore three areas that new feminism have reshaped the women`s history at the turn of the 21st century: gender and race; gender and culture(including consumer culture); gender and public policies especially social welfare policies and the policy of citizenship. By doing so, this study provides one possible way in what American women`s history should go.

튜브형 매트리스를 활용한 방조제 필터공 축조사례연구

오영인(Oh Young-In),유전용(Yoo Jeon-Yong),김현태(Kim Hyun-Tae) 한국토목섬유학회 2007 한국지반신소재학회 논문집 Vol.6 No.1

토목공사의 시공기술과 밀접한 관계를 가지는 토목용 섬유제품인 지오텍스타일은 모래, 흙, 자갈 등의 환경에 노출되는 고분자 재료이다. 이것은 수분차단을 제외한 분리, 보강, 여과, 배수 등의 기능을 가지며 현재 제방공사, 해안·하천의 호안공사, 간척공사 또는 도로, 철도 노상 안정 등의 분야에 광범위하게 이용되고 있다. 방조제의 최종 끝막이 단면은 대규모 사석과 돌망태 등을 이용하여 일차적으로 바다를 막아 해수를 차단하기 때문에 해수의 유입을 차단하여 유속이 저감되기는 하나, 구성 재료가 불규칙하고 간극이 크기 때문에 일반적인 지반내의 침투흐름보다 상당히 빠른 침투가 발생된다. 따라서 끝막이 후속공정인 필터시공 시, 매트 부상현상이 발생되어 필터매트의 원활한 시공에 많은 어려움이 있으며, 토목섬유 필터매트 손상 시 성토재료유실이 발생될 수 있어 단순하게 필터매트의 부상방지 공법 제시의 차원이 아닌 향후 방조제의 국부적변형 및 안정성을 확보하는 보강개념으로 접근이 요구된다. 방조제 필터공의 원활한 수행을 위하여 다양한 실험연구 및 현장시험결과, 양방향 조위조건에서의 필터공은 “이중필터매트+모래 트랜지션” 설치방안이 가장 효과적인 것으로 연구되었으며, 필터매트의 부상문제와 조위영향구간의 필터층 보강효과를 동시에 만족시킬 수 있는 방법으로 지오텍스타일 튜브 매트리스공법(이하 튜브매트리스공법)이 제안되었다. 본 연구에서는 상기 기술한 튜브매트리스 공법에 대한 현장적용성 및 시공성 분석을 위하여 현장시험시공을 수행하였으며, 시험시공결과 및 현장적용 사례에 대하여 기술한다. Geotextile is one of the most useful and effective polymer material in civil construction works and the main function of geotextile is separation, reinforcement, filtering and drainage. Recently, because of the shortage of natural rock, traditional forms of river and coastal structures have become very expensive to build and maintain. Therefore, the materials used in hydraulic and coastal structures are changing from the traditional rubble and concrete systems to the cheaper materials and systems. One of these alternatives employs geotextile tube technology in the construction of coastal and shore protection structures, such as embankment, see dyke, groins, jetties, detached breakwaters and so on. Geotextile tube technology has changed from being an alternative construction technique and, in fact, has advanced to become the most effective solution of choice. This paper presents case history of sea dyke filter construction using geotextile tube mattress and also, various issues related to the tube mattress design and construction technology.

비평논문 : 미국 이민연구와 적극적 사회주체로서의 이주자들

오영인 ( Young In Oh ) 수선사학회 2010 史林 Vol.0 No.36

As well known, America is `a nation of immigration.` America, indeed, has had a long history of different mass migrations and has struggled to develop a flexible social framework and policy to accommodate diverse immigrants. Since America has accepted new immigrants from not only European countries that already dominate population came from but also the underdeveloped countries, particularly Asia, Latin America after the liberalization of Immigration in 1965, the study of immigration has provided alternative theories to explain a new tale of immigrant history. Moving beyond the traditional debates on restrictions toward immigrants based on nativism, recent studies have clearly paid more attention to the process of immigrant adaptation to a new society. And contemporary researches on immigrants` incorporation to life in America have emphasized the role of ethnic communities to support a collective strategy of self-defense rather than relied on individual assimilation. Ethnic communities does not mean ethnic enclave only, which is generally an economic concept, but also co-ethnic networks, in which each ethnicity could coexist in the socio-cultural and political arena as well. Immigrants, however, have been regarded as just recipients of government policies and economic needs, and the people who have little done to change American social control. Attaching a “minority” label to immigrants, previous studies of immigration have mainly revealed immigrants` discriminatory situations in the host society. Yet, historically immigrants never simply been a passive agent in American society since the beginning of the nation. In order to minimize the prejudice towards immigrants, which has been a critical barrier on their incorporations into a new society, immigration studies should try to discover immigrants as active participants in the host society. Therefore, this study focuses on analysing active roles of ethnic communities to the American society. By doing so, it will show how American society have affected immigrants themselves and how immigrants have responded actively.

초대형종합병원의 쏠림 현상 원인 규명을 위한 연구 -소비가치 이론을 이용한 의원과 초대형종합병원 중심으로-

오영인 ( Young In Oh ),김양균 ( Yang Kyun Kim ) 경희대학교 경영연구원 2009 의료경영학연구 Vol.3 No.2

The purpose of this study id finding the factors related to the process of hospital choice. In this study, the theory of consumption values established by Sheth in 1991 is adopted in order to examine particular value affecting consumer selection of healthcare institutions. For the purpose of this study, healthcare consumers were surveyed using questionnaires developed based on the five values of Sheth supplemented by value of effort to acquire hospital information and value in health. The main results of this study id as following: In the result if factor analysis 19 consumption value factors which affect the hospital preference were extracted. As a result of regression analysis on factors affecting consumer selection of healthcare institution, ``comfortableness`` among emotional value of respondents are determined important predictors for consumer selection of clinics over the largest-sized hospitals. Further, effort to acquire hospital information and priority on using hospital among demographic characteristics and service, reputation scale of healthcare institution among functional values are identified as significant predictors for consumer selection of the largest-sized general hospitals over clinics. This study suggests not only vital implications for marketing strategy of healthcare institutions, but also methods to promote positive image for healthcare providers.

[미국] 미국사 연구 동향: 역사가의 소명과 팬데믹이 남긴 과제

오영인(Oh, Young-In) 역사학회 2021 역사학보 Vol.- No.251

This review essay is to understand recent research trends of American history in Korea over the past two years(2019-2020). From 2019 to 2020, eighty-two articles, five history books, and four book reviews were published in Korea. In general, every research has multi-layered meanings by crossing diverse subjects making difficult to annalize them by one certain subject. As a convenient device, however, this essay discusses recent researches by each subject such as political, gender, immigration, and so forth. One of prominent trend is a profound achievement in the field of medical history. After COVID19, hatred for particular race called xenophobia is reemerged everywhere in the name of national security or public health. Yet this is nothing new in American history. Since 2000, historians both in the field of medical and immigration/race studies have attempted to reveal diverse historical experiences from diverse immigrant groups across racial or ethnic lines. Another distinctive trend is that the fields of political/diplomatic history is recovering their previous mainstream position by publishing seventeen articles and a book. According to Oscar Wilde, “The only Obligation we have to history is to rewrite it.” Facing pandemic COVID19, historians can no longer keep their role in the past. Rather, with new insights, we should be ready to answer diverse current issues since there is nothing permanent except change as Heracleitos said.

미국 정치사(Political History)의 성장과 의회사(Congressional History)

오영인 ( Young In Oh ) 고려대학교 역사연구소 2014 사총 Vol.81 No.-

This study is for understanding and introducing congressional history in the development of American political history since the 1980s. Under the milieu of Civil Rights movement in the 1960s, the New Left criticized the liberal consensus view of American history. Within the historical discipline, in addition, a social and cultural history revolution took place that pushed scholars to emphasize the history from the bottom up such as class formation, gender relations, and cultural consciousness. Therefore. political history, which focused on not ordinary people but political elites who represented peoples, was loosing it`s place in the realm of American history. However, during the 1980s, a group of political scientists, sociologists and historians brought historical institutionalism back into the study of politics since they shared the fact that politics was profoundly historical. Bringing together the new institutionalism and sociocultural history, since the 1980s, political history has been reemerging as sociocultural political history for revisiting the study of politics. And it was the time when congressional history emerged in American political history. When most social and cultural historians minimized the study of government institutions, policymakers, and policies, Congress was characterized an insulated haven for white male elites who subverted the democratic process in favor of vested interest groups or as an archaic institution that functioned as a roadblock from mass social movements. However, recently, historians and historical social scientists are interested in learning more about this important branch of government. A renewed interest among historians in the modern Congress has emerged form two ways. The first approach is the new historical institutional analysis emphasizing how and in what relations Congress itself had been reformed. The second approach which congressional history has emerged is the debate over how gender and race influenced policy development particularly the Social Security Policy. Unlike social scientists or political scientists, historians provide a more dynamic history of Congress by integrating a history of social conflict and nonelite groups into the analysis of politics and considering categories such as gender and race as well as factors such as symbols, ideology and rhetoric. Given the distrust of Congress in history, a stronger understanding of how the institution related to the people and its condition seems more important ever.