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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국외국어대학교 동남아연구소 동남아연구 동남아연구 제17권 제1호
발행연도
2007.1
수록면
93 - 112 (20page)

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The protection of human rights is one of the main goals of modern society. A. Similarities 1. Two people have a good tradition, a peace-loving tradition, which provides firm foundation for promotion and protection of people’s human rights. The peace results from respecting each other’s existence and human rights. 2. Thai people and Korean people have recently experienced “ political reform” and “Democratization of the country”, which led to prepare a new Constitution. 3. During the political reforms, human rights NGOs had played a very important role and largely participated in the process. 4. Two counties established national human rights institutions for the purpose of promoting and protecting human rights: “ National Human Rights Commission” 5. the National Human Rights Commissions are institutionally independent and composed of 11 members. 6. Two institutions have very similar powers in compliance with “Paris Principle”. 7. Regarding the objects for investigation, not only the actions of public institutions but also those of individuals are included. B. Differences 1. Differences between two people's understanding about rights. Recently, the Korean people has begun to understand that, if they don’t insist on their rights, these will not be protected. According to the statistics of Korean NHRC, more than 80% of people’s complaints are normally rejected or dismissed. It means that Korean people are very positive about their rights. 2. The gap between the newly-acquired rights and the reality of power enforcement is different in two countries. As we know, either NHRC or human rights NGOs cannot work well without the force of public opinion. 3. Regarding Independence of NHRC, It is, in Thai, assured by the Constitution. The Thai Commission depends largely on the Senate, who elects 11 member of the Commission. But, it is practically the executive branch who has influence on the Commission by means of budget and manpower support. In Korea, the Independences of NHRC is assured by the NHRC Act. Three branches of the State participate quasi-equally in composition of the Commission. In reality, The Korean NHRC being supported by the Government in function, it is working without difficulties. On the contrary, the conflicts between former Thai Government and the Commission led the Commission in difficulties. 4. Regarding the conflicts with other institutions, it was, in Thai, the executive branch who was opposite to the Commission. But, in Korea, the conflicts resulted from some different interpretations on the people’s fundamental human rights. For example, the Commission considered the National Security Act as affecting human rights, which has been confirmed as consistent with the Constitution by the Constitutional Court. Even if the Commission could have a different opinion from the Constitutional Court’s, the Commission had to respect the Court’s ruling. According to the Constitution, the Constitutional Court is the last interpreter on the Constitution.

The protection of human rights is one of the main goals of modern society. A. Similarities 1. Two people have a good tradition, a peace-loving tradition, which provides firm foundation for promotion and protection of people’s human rights. The peace results from respecting each other’s existence and human rights. 2. Thai people and Korean people have recently experienced “ political reform” and “Democratization of the country”, which led to prepare a new Constitution. 3. During the political reforms, human rights NGOs had played a very important role and largely participated in the process. 4. Two counties established national human rights institutions for the purpose of promoting and protecting human rights: “ National Human Rights Commission” 5. the National Human Rights Commissions are institutionally independent and composed of 11 members. 6. Two institutions have very similar powers in compliance with “Paris Principle”. 7. Regarding the objects for investigation, not only the actions of public institutions but also those of individuals are included. B. Differences 1. Differences between two people's understanding about rights. Recently, the Korean people has begun to understand that, if they don’t insist on their rights, these will not be protected. According to the statistics of Korean NHRC, more than 80% of people’s complaints are normally rejected or dismissed. It means that Korean people are very positive about their rights. 2. The gap between the newly-acquired rights and the reality of power enforcement is different in two countries. As we know, either NHRC or human rights NGOs cannot work well without the force of public opinion. 3. Regarding Independence of NHRC, It is, in Thai, assured by the Constitution. The Thai Commission depends largely on the Senate, who elects 11 member of the Commission. But, it is practically the executive branch who has influence on the Commission by means of budget and manpower support. In Korea, the Independences of NHRC is assured by the NHRC Act. Three branches of the State participate quasi-equally in composition of the Commission. In reality, The Korean NHRC being supported by the Government in function, it is working without difficulties. On the contrary, the conflicts between former Thai Government and the Commission led the Commission in difficulties. 4. Regarding the conflicts with other institutions, it was, in Thai, the executive branch who was opposite to the Commission. But, in Korea, the conflicts resulted from some different interpretations on the people’s fundamental human rights. For example, the Commission considered the National Security Act as affecting human rights, which has been confirmed as consistent with the Constitution by the Constitutional Court. Even if the Commission could have a different opinion from the Constitutional Court’s, the Commission had to respect the Court’s ruling. According to the Constitution, the Constitutional Court is the last interpreter on the Constitution.

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