성별에 따른 대학생 음주습관과 간 건강에 대한 인식도

양현서(Hyun-Seo Yang),최가인(Ga-In Choi),백경원(Kyung-Won Baek),이지혜(Ji-Hye Lee),김혜진(Hye-Jin Kim),이정화(Jung-Wha Lee),윤현서(Hyun-Seo Yoon),이민경(Min-Kyung Lee) 한국구강보건과학회 2017 한국구강보건과학회지 Vol.5 No.1

This study evaluated the drinking habits of college students and their perception regarding the liver health by gender. The target students attended colleges located in Busan area. The most common social perception of drinking was “Drinking alcoholic beverage is essential for making a good interpersonal relationship (3.49 points)”. “It is good for the man to know how to drink alcoholic beverage (3.49 points)” was the second and the third was “Alcoholic drink makes life more elegant and tasteful (3.01 points)”. Among 15 questions related to the knowledge on the liver health, respondents showed more than 90% correct answer rate only for three questions, which were “Drinking can cause esophageal cancer, liver cancer, cardiovascular diseases, and hepatocirrhosis (94.3%)’, ‘Drinking alcohol well does not mean that the person is healthy (93.3%)’, and ‘The incidence of cirrhosis is high when drinking alcohol for 15-20 years or more. (93.0%)’. The results indicated that the level of knowledge was not much different between genders. Therefore, it will be necessary to prepare education material to improve the behavior of the male since the male had more generous drinking perception and more frequent drinking binge frequency, although the level of knowledge was little different between genders.

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

양현아 ( Hyun Ah Yang ) 서울대학교 법학연구소 2013 서울대학교 법학 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.

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

양현아 ( Hyun Ah Yang ) 서울대학교 법학연구소 2009 서울대학교 법학 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.

법과 주체의 조명 ; 가정폭력 “피/가해자”의 탄생: 가정폭력 피해자의 처절한 사적 구제

양현아 ( Hyun Ah Yang ),김현경 ( Hyun Kyung Kim ) 서울대학교 공익인권법센터 2012 공익과 인권 Vol.12 No.-

How could the law see the complex subjectivity such as the one who has been a long-time victim of domestic violence, being left without legal protection and eventually killing her abusive husband? This article names this complex subject a “victim/perpetrator” and attempts to deal with the question raised above. First of all, the current judicial system cannot possibly listen to the voices of a victim/perpetrator due to its limited standard of illegality and responsibility. The perspectives of the court can be found in the interpretation of self-defense and insanity. In interpreting the self-defense, the court in Korea does not recognize the imminent attack as it assumes that a victim/perpetrator has the same masculine power and thus ignores the complex situation of a victim/perpetrator. It also rejects the defense of the imminent attack under social and ethical grounds, as it abstractly defines a home as a place of love and care, ignoring a brutal reality of the home where the victim/perpetrator could not be escaped. In interpreting the insanity, the court only focuses on victimized aspects and thus fails to capture active aspects of a victim/perpetrator, even though it accepts battered woman`s syndrome(BWS) developed in the United States. In order to ensure that voices of a victim/perpetrator are to be heard, her own experiences of domestic violence should first of all taken into account. A victim/perpetrator appears to endure the cycle of violence because of learned helplessness as well as absence of legal protection. The existing the Special Act on Punishment of Domestic Violence aims to protect the family, that seems to confuse the protected interests of the law. In relation, public institutions charged with the execution of laws condone or trivialize domestic violence and fail to provide adequate remedies. The author interprets that the ineffectiveness of the laws and the inaction of the government reflect their biased understanding of the family. Under the public/private dichotomy and familism, the violence in the in the family has rather been trivialized and bypassed. As a result, a victim/perpetrator who has been left suffered and endured the domestic violence on her own without having any legal and social support and help, and is forced to kill her abusive husband as the last solution to stop the violence. in this regard, her killing is understood as ``a desperate private remedy`` under the circumstances with no legal remedy to rely on. in this regard, it is the state that should share the responsibility of this atrocity - the murder with the victim/perpetrator. Also, it is for this reason that the law and the state should develop the practical measures to stop the domestic violence. In order to fulfill its role as the reparative institution, the judiciary tries to listen and take the voices of a victim/perpetrator seriously.

실증주의 방법론과 여성주의 법학

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

여성의 임신종결권리의 필요성과 그 함의

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

'전통'과 '여성'의 만남

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

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.

6월 항쟁 이후 20년에 대한 법사회학적 평가 1987년 이후 가족법의 변화에 관한 법사회학적 고찰

양현아 ( Hyun Ah Yang ) 법과사회이론학회 2007 법과 사회 Vol.0 No.32

토론문

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