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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
원광대학교 법학연구소 원광법학 원광법학 제25권 제3호
발행연도
2009.1
수록면
261 - 296 (36page)

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This research includes the analysis of 'discrimination' and 'hate crime' being taken place in our society, and relates the value of human rights through engaging them on the assumption that 'hate crime' is not unrelated with social 'discrimination'. 'Social discrimination' is relevant to 'hate crime'. An object of the 'social discrimination' is usually the people classified as the disadvantaged. And people who fancy them to be social victims sometimes commit 'hate crimes' targeting at children, the old, females and minority. Also that kind of people express their acts in the type of 'indiscrimination' or 'indiscrimination crimes', who have a common feature of anger-out for many and unspecified persons. Hence, a countermeasure is required for preventing to happen any innocent treatment and sacrifice as well as for stopping the vicious cycle that hate of the kind of people accompanying various violence reproduces another hate, and this article is based on a variety range of attributes of human rights accordingly. 'Hate crime' is also called 'abhorrence crime', which means a non-motive crime to attribute one's self deprivation to society and to assail many and unspecified persons. And 'discrimination' act may be basically described as a type of control or act to isolate specified group from society by inequally treating an equal group on the basis of arbitrary standard. First of all, this articles also emphasize a need of being aware about the aforementioned acts so as to keep peace and order of society and to prevent people's indifference. Also this relates the reason that a need of this kind of study is required. In addition, this articles includes theories of 'discrimination' and 'hate crime' and is analyzing the connection of them (persuading that 'discrimination' itself is just 'crime' in it.). The content based on human race, nationality, religion, disadvantage and sexual orientation is mainly focused, and it is said that the items have connection and feedback between themselves as a result of cause and effect. Also through the content, as the value of human rights, it states that aggravating the causes of the acts of social 'discrimination' and 'hate crime' is possible, and it concretely proposes some kinds of the topic related solution such as on deployment of new human rights theories, prevention by education of human rights, inducement of attention through applying 'International Human Rights Law' and method from judicial system.

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