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Sexual Violence and Personality Rights in Virtual Spaces 虚拟空间中的性暴力与人格权
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.75
F. f
Recently, unwanted sexual contact between avatars in virtual spaces has emerged as a serious societal issue. The urgency to regulate such behavior is underscored by the fact that a significant portion of virtual space users are minors, and the emotional harm resulting from avatar-initiated sexual contact is deemed equally severe as tangible harm. However, existing laws lack the basis to penalize these actions. To address the issue of penalizing unwanted sexual contact between avatars, the question of whether sexual violence between avatars can be equated to violence against humans must be addressed. Previous discussions aimed to resolve this through concepts like cyber personality rights or sexual personality rights. However, these discussions tended to separate completely virtual spaces from the real world, attributing independent personality rights to avatars or, conversely, considering them unique to humans in the physical realm. Such attitudes present challenges in categorizing the type of infringement against avatars. This paper argues for recognizing personality rights in virtual spaces based on the spatiality of virtual environments and the fluidity of personality rights. Furthermore, it advocates recognizing the hybrid nature of personality rights within the virtual space through the actor-network theory. The objective is to establish a theoretical foundation that secures the punitive nature of unwanted sexual contact between avatars in virtual spaces and provides a basis for delineating the various types of such behavior.
最近,虚拟空间中虚拟人之间不受欢迎的性接触已成为一个严重的社会问题。由于相当一部分虚拟空间用户是未成年人,而由虚拟化身引发的性接触所造成的情感伤害被认为与有形伤害同样严重,这就凸显了规范此类行为的紧迫性。然而,现有的法律缺乏惩罚这些行为的依据。要解决对化身之间不受欢迎的性接触进行惩罚的问题,就必须解决化身之间的性暴力是否可以等同于对人类的暴力的问题。以前的讨论旨在通过网络人格权或性人格权等概念来解决这个问题。然而,这些讨论往往将完全虚拟的空间与现实世界割裂开来,将独立的人格权归于化身,或者反过来认为人格权是物理领域中人类所独有的。这种态度给化身侵权类型的分类带来了挑战。本文基于虚拟环境的空间性和人格权的流动性,主张承认虚拟空间中的人格权。此外,本文还主张通过行为者网络理论承认虚拟空间中人格权的混合性质。其目的是建立一个理论基础,确保虚拟空间中化身之间不受欢迎的性接触具有惩罚性质,并为划分此类行为的各种类型提供依据。
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引用次数: 0
A Study on the Constitutional Meaning of the Right to Pursue Happiness in Intelligence Information Society 智能信息社会中追求幸福权利的宪法意义研究
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.42
F. f
The meaning of happiness in human life depends on what each individual thinks of as happiness and what one pursues due to differences in personalities and values. An important value and ideology of modern constitution is the guarantee of human rights to ensure that all human beings can live the life they want. Therefore, the meaning of the right to pursue happiness can be seen as very important not only at the time of the modern human rights declaration, but also in modern society, where technological breakthroughs and artificial intelligence are emerging at ever-higher rates. The role of law is also very important in an intelligent information society, and it is also necessary to find out what fundamental rights the state should protect more actively through the interpretation and guidelines of the Constitution and include the necessary legislative direction or outline in the constitutional amendment. It is crucial to prepare for risks caused by the emergence of new technologies and the development of an intelligent information society, to protect the fundamental rights and safety of the people, and to review constitutional countermeasures. If successful, it may be possible to establish a normative framework for pursuing safe and sustainable development and human happiness.
由于个性和价值观的不同,人类生活中幸福的意义取决于每个人对幸福的理解和追求。现代宪法的一个重要价值和意识形态就是保障人权,确保所有人都能过上自己想要的生活。因此,追求幸福的权利的含义不仅在现代人权宣言的时代非常重要,而且在技术突破和人工智能日益兴起的现代社会也非常重要。在智能信息社会中,法律的作用也非常重要,还需要通过对宪法的解释和指导,找出国家应该更加积极地保护哪些基本权利,并在宪法修正案中纳入必要的立法方向或纲要。关键是要对新技术的出现和智能信息社会的发展所带来的风险做好准备,保护人民的基本权利和安全,审查宪法对策。如果成功,或许可以建立一个追求安全和可持续发展以及人类幸福的规范框架。
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引用次数: 0
Introduction: Multilayered Communities and the Application of Human Rights in the Era of High Mobility 导言:多层次社区与高度流动时代的人权应用
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.1
L. l
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引用次数: 0
To Busan and Beyond: Mobilities of Korean War Trauma 釜山及其他朝鲜战争创伤的流动性
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.160
L. l
The Korean War (1950-1953) leveled the peninsula, losing and displacing millions of its people. Hundreds of thousands of Koreans from North and South found themselves in refugee camps in Busan. This traumatizing event is carefully delineated in Yi Hochol’s “Far from Home” and Han Musook’s “The Fragment.” Through an analysis of these short stories using Kate Coddington’s theory of contagious trauma, the paper forwards that the trauma caused by the war spreads, compounds, and expands within the infrastructures—namely, freight cars and warehouse—that facilitate the movements of refugees. In “Far from Home,” during the outbreak of the Korean War, four North Koreans move southward and live in freight cars, but this movement to escape the horrors of war also exposes them to being further traumatized by their homelessness. The characters in “The Fragment,” on the other hand, are able to secure a space in a warehouse in Busan, but the atmosphere coupled with tension with residents over basic necessities is just as traumatizing. These indicate that the infrastructures and conditions within, which can be as ordinary as needing a shelter to sleep in and water to wash themselves, traumatize further the already traumatized. The war, as an extraordinary event, traumatized the refugees—but their movements to safety and refuge, in response to it, cut more traumas.
朝鲜战争(1950-1953 年)夷平了朝鲜半岛,数百万人丧生和流离失所。数十万南北朝鲜人被安置在釜山的难民营中。Yi Hochol 的 "远离家园 "和 Han Musook 的 "碎片 "仔细描绘了这一创伤性事件。通过运用凯特-科丁顿(Kate Coddington)的 "传染性创伤 "理论对这些短篇小说进行分析,本文指出,战争造成的创伤在便利难民流动的基础设施--即货运车辆和仓库--中蔓延、加重和扩大。在《远离家园》中,朝鲜战争爆发后,四名朝鲜人南迁,住进了货运车厢,但这种逃避战争恐怖的流动也使他们因无家可归而受到进一步的创伤。另一方面,《碎片》中的主人公在釜山的一个仓库里找到了住处,但这里的气氛以及与居民在基本生活必需品问题上的紧张关系同样给他们造成了创伤。这些都表明,基础设施和内部条件可能是普通的,就像需要一个睡觉的地方和洗漱的水一样,但却给已经受到创伤的人带来了更大的创伤。战争作为一个特殊事件,给难民造成了创伤,但他们为应对战争而逃往安全避难所的举动,又给他们带来了更多的创伤。
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引用次数: 0
A Study on Legislation for the Influx of Foreign Human Resources: Drawing Insights from Japanese Cases 外国人力资源流入立法研究:从日本案例中汲取启示
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.6
F. f
In December 2018, the Japanese government introduced “Initiatives to Accept Foreign Nationals and for the Realization of Society of Harmonious Coexistence.” This initiative aimed at a more robust and comprehensive approach toward accepting and integrating foreign talents. The Japanese government also developed the Roadmap for the Realization of a Society of Harmonious Coexistence with Foreign Nationals. This roadmap delineates policies to achieve a symbiotic society and outlines the vision for an environment where foreigners coexist harmoniously with Japanese nationals. With an anticipated rise in the foreign population in Japan, the Japanese government designated the Ministry of Justice as the central authority for overseeing the acceptance and integration of foreign talents across governmental levels. In Japan, this was acknowledged as pivotal for the nation’s future rather than solely addressing labor shortages and the plan involved a comprehensive, longterm policy review. South Korea also faces various societal challenges due to a declining birthrate, making the acceptance of foreign immigrants indispensable. Japan’s pursuit of a gradual transition to an immigration society while promoting acceptance and coexistence of foreign talent presents significant implications for Korea, which is seeking to introduce a new immigration policy.
2018年12月,日本政府出台了 "接纳外国人才和实现和谐共生社会的举措"。这一举措旨在以更有力、更全面的方式接纳和融合外国人才。日本政府还制定了《实现与外国人和谐共存社会的路线图》。该路线图规定了实现共生社会的政策,并勾画了外国人与日本国民和谐共处的环境愿景。随着日本外籍人口的预期增长,日本政府指定法务省为中央主管机构,负责监督各级政府接纳和融合外籍人才的工作。在日本,这被认为是国家未来的关键,而不仅仅是解决劳动力短缺问题,该计划涉及全面、长期的政策审查。由于出生率下降,韩国也面临着各种社会挑战,因此接纳外国移民是必不可少的。日本追求逐步过渡到移民社会,同时促进外国人才的接纳和共存,这对正在寻求引入新移民政策的韩国具有重要意义。
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引用次数: 0
A Cross-Section of Korean People’s Thoughts on the Immobility Situation Caused by the COVID-19 Pandemic 韩国人对 COVID-19 大流行造成的不流动状况的横向看法
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.138
F. f
The COVID-19 pandemic created an immobility situation that was not just a quarantine issue, but formed meta-discourses in all areas related to human life, including politics, economy, diplomacy, education, and culture. Even in the urgent situation of these meta-discourses in which nations had to decide on their future, discourses existed about daily life and the unusual lives of individuals caused by the COVID-19 outbreak. To record the testimonies of that era, the Mobility Humanities Education Center at Konkuk University has collected writings on life changed after the outbreak of the COVID-19 pandemic, which were written by middle and high school students, college students, and ordinary citizens. This paper attempts a narrative analysis of the 51 essays to explore how Koreans are influenced by meta-discourses, to examine that era, and make suggestions for the future.
COVID-19 大流行造成的不流动状况不仅仅是一个检疫问题,而是形成了与人类生活相关的所有领域的元话语,包括政治、经济、外交、教育和文化。即使在这些元话语的紧迫形势下,各国必须决定自己的未来,但也存在着关于日常生活和 COVID-19 疫情造成的个人不寻常生活的话语。为了记录那个时代的见证,建国大学移动人文教育中心收集了由初中生、高中生、大学生和普通市民撰写的关于 COVID-19 爆发后生活变化的文章。本文尝试对这 51 篇文章进行叙事分析,探讨韩国人如何受到元话语的影响,审视那个时代,并对未来提出建议。
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引用次数: 0
A Study on the Dong-A Ilbo’s “Romance in History” Series to Expand Minority Readership 关于《东亚日报》"历史中的浪漫 "系列扩大少数民族读者群的研究
Pub Date : 2024-02-28 DOI: 10.15519/dcc.2024.02.14.1.106
F. f
This paper is a study that reveals the literary historical significance of the planned serialization “Romance in History” of the Dong-A Ilbo and the subsequent serialization “Children’s Chosun.” In this regard, based on a series of surveys on newspaper serials, including “Romance in History,” Kang Mi-Jung tried to reveal the function of private painting during this period and link it with the development of historical literature theory. Taking the achievements and limitations of the preceding studies as a starting point for discussion, this paper attempted to reconsider the literary and historical status of the series “Romance in History.” In order to derive the practical basis, this paper analyzed the text from the background of the appearance of “Romance in History,” the actual status of the series, and the level of formal aesthetics. As a result, it was verified that “Romance in History,” which was greatly welcomed by the public, was a genealogical precedent that suggested a motif for the creation of historical novels in the newspaper series entering the prosperity of the 1930s. It was also confirmed that it was the background and test that inspired the creation of historical novels.
本文是揭示《东亚日报》计划连载的 "历史的罗曼史 "以及随后连载的 "儿童的朝鲜 "的文学史意义的研究。为此,姜美静在对《历史的浪漫》等一系列报纸连载进行调查的基础上,试图揭示这一时期私人绘画的功能,并将其与历史文学理论的发展联系起来。本文以前述研究的成果与局限为讨论起点,试图重新思考 "历史中的罗曼史 "系列的文学史地位。为了得出实践依据,本文从 "历史中的罗曼史 "出现的背景、该丛书的实际地位以及形式美学层面对文本进行了分析。结果证实,深受大众欢迎的《历史的浪漫》是一个谱系先例,为进入 20 世纪 30 年代繁荣期的报刊系列历史小说的创作提供了一个母题。同时,也证实了是背景和考证激发了历史小说的创作。
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引用次数: 0
Jeju Island, Shedding its Dark Past and Becoming a Space of Peace 摆脱黑暗的济州岛,成为和平的空间
Pub Date : 2023-02-28 DOI: 10.15519/dcc.2023.02.13.1.72
S. Lee, Yeon-Kyeong Kwak
This paper sheds new light on Jeju Island as a unique touristic site where the painful history of exploitation during the Japanese colonial era and the beautiful landscape co-exist. “Dark tourism” refers to visiting a place where a historical tragedy occurred to remember and memorialize past events. Most recently, Jeju Island was announced as an ‘Island of World Peace’ whence a message of peace is to be conveyed to its visitors through tourism. Focusing on Jeju Island offers an opportunity to re-interpret dark tourism. Central to this study have been the questions of reinterpretation of Jeju Island as a ‘space’ reflecting its own characteristics of place. In this article, we aim to explore the possibility of transitioning from a tragic historical place to one emblematic of peace through the retooled message conveyed to visitors, as well as through historical education tourism. We visited the military facilities, GamaOreum, Cave Fort, and the Jeju Peace Museum, as well as Altteureu Airfield, which was built during Japanese occupation, through seven separate field studies from April 2018 to July 2022. Remnants of the Japanese colonial era remain throughout the islands and the history is still relevant to local residents. This study highlights the importance of considering the local community and their residential area in developing a tourist destination. This study presents a new angle of promising applications for future tourism resources in Jeju Island.
济州岛是日本帝国主义强占时期痛苦的历史和美丽的风景并存的独特的旅游胜地。“黑暗旅游”指的是为了纪念和纪念过去的事件,前往历史悲剧发生地的旅游。最近,济州岛被宣布为“世界和平之岛”,将通过旅游向游客传达和平的信息。以济州岛为中心,是重新诠释“黑色旅游”的契机。这项研究的核心是重新诠释济州岛作为一个反映其自身特征的“空间”的问题。在这篇文章中,我们的目标是通过向游客传达新的信息,以及通过历史教育旅游,探索从一个悲惨的历史场所转变为一个象征和平的地方的可能性。我们从2018年4月到2022年7月共进行了7次实地考察,参观了军事设施、加茂林、洞穴堡、济州和平博物馆和日本占领时期建造的阿特留机场。日本殖民时代的遗迹遍布整个岛屿,历史仍然与当地居民有关。本研究强调了在开发旅游目的地时考虑当地社区及其居住区的重要性。本研究为未来济州岛旅游资源的应用提供了一个新的视角。
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引用次数: 0
Indonesian Nationalism in Three Acts: The Intertwined Narratives of National Identity and the Subaltern Woman in Three Iconic Indonesian Novels 三幕中的印尼民族主义:印尼三部标志性小说中民族认同与底层女性交织的叙事
Pub Date : 2023-02-28 DOI: 10.15519/dcc.2023.02.13.1.151
Elisabeth Arti Wulandari
This article examines the evolution of the intertwined narratives of nation and womanhood in three iconic Indonesian novels: Belenggu (1940), Sri Sumarah (1975), and Durga Umayi (1991), each of which, respectively, depicts female protagonists wrestling with life challenges during three different historical epochs of the Indonesian nation-state. I argue that these novels portray three distinct conceptions of an evolving Indonesian nationalism as reflected through the struggles of these characters. The first of these, Belenggu, highlights the hybrid nature of emerging Indonesian nationalism through the symbolic deployment of hybrid music–keroncong–as a central trope. The second novel, Sri Sumarah, depicts the culturally idealized qualities of a submissive woman–embodied in its titular character–and the gendered nature of nationalism. The third, Durga Umayi, kaleidoscopically maps the biography of its heroine onto the triumphs and defeats of the nation as experienced from the perspective of the subaltern subject, thus depicting the project of nation-building as seen, experienced, and lived from an inferior social position. Taken together these three novels dramatize three different stages of Indonesia as “imagined community”: from the promise and the peril of the early years as an emerging nation-state, to its division along ideological lines before and after the 1965 coup, and ultimately to the failed promises attending the spread of neoliberalism and globalization in subsequent decades.
本文考察了印尼三部标志性小说——《贝伦古》(Belenggu, 1940)、《斯里·苏玛拉》(Sri Sumarah, 1975)和《杜尔加·乌玛伊》(Durga Umayi, 1991)中交织在一起的民族和女性叙事的演变,这三部小说分别描绘了印尼民族国家三个不同历史时期的女性主人公与生活挑战的搏斗。我认为,这些小说通过这些人物的斗争,描绘了不断演变的印尼民族主义的三种不同概念。其中第一首,Belenggu,通过混合音乐的象征性运用——keroncong——作为中心比喻,突出了新兴的印尼民族主义的混合性质。第二部小说《斯里·苏玛拉》(Sri Sumarah)描绘了一个顺从女性的文化理想化品质——体现在其名义上的人物身上——以及民族主义的性别本质。第三部《杜尔加·乌玛伊》从底层主体的角度,将女主角的生平描绘成国家的胜利和失败,从而描绘了从一个低等社会地位所看到、经历和生活的国家建设项目。总之,这三部小说戏剧化地描述了印度尼西亚作为“想象中的共同体”的三个不同阶段:从作为一个新兴民族国家的早期的希望和危险,到1965年政变前后的意识形态分裂,最终到随后几十年新自由主义和全球化传播所带来的失败承诺。
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引用次数: 0
Hosting and Visiting Friends and Relatives of Vietnamese Marriage-migrant Women Living in Korea and Implications for Post-Tourism 旅居韩国越南婚姻移民妇女的亲友接待与拜访及其对后旅游的启示
Pub Date : 2023-02-28 DOI: 10.15519/dcc.2023.02.13.1.46
Jurak Kim, Suh-hee Choi
The current study identifies the characteristics of visiting friends and relatives (VFR) and hosting experiences of Vietnamese marriage-migrant women in their home country and Korea. A total of 20 in-depth interviews were the basis of the analysis. Findings show that the Vietnamese migrant women are the actors whose traditional boundary between the host (e.g., tourism service providers) and the guest (e.g., group package tourists) is blurred. Vietnamese marriage-migrant women are familiar with both the home and the receiving country as well as the VFR guests and hosts. They show confidence in hosting and visiting friends and relatives and traveling to both countries. This study further shows how structural regulations, family, and individual characteristics shape the VFR hosting and visiting experiences, implying dual or blurred identities as the host and the guest reflect post-tourism characteristics. Ultimately, this study further argues that the unique identity and hosting/visiting experiences of Vietnamese marriage-migrant women shape travel patterns and their perceptions while traveling with friends and relatives.
目前的研究确定了越南婚姻移民妇女在其祖国和韩国的探亲访友(VFR)和接待经历的特点。共有20个深度访谈是分析的基础。研究结果表明,越南移民妇女是传统上主人(如旅游服务提供者)和客人(如团体旅行团游客)之间界限模糊的演员。越南婚姻移民妇女对家庭和接收国以及VFR客人和主人都很熟悉。他们在接待和拜访朋友和亲戚以及到两个国家旅行时都表现出信心。本研究进一步揭示了结构规则、家庭和个人特征如何塑造VFR的接待和访问体验,暗示主客双重或模糊的身份反映了后旅游特征。最后,本研究进一步论证了越南婚姻移民女性独特的身份和接待/访问经历塑造了她们与朋友和亲戚一起旅行时的旅行模式和观念。
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引用次数: 0
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The Center for Asia and Diaspora
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