Disabled People’s Fight for Rights in South Korea and Japan

2021 ◽  
Vol 120 (827) ◽  
pp. 233-239
Author(s):  
Celeste L. Arrington

Long considered objects of pity and welfare assistance, people with disabilities in South Korea and Japan are increasingly treated as rights-bearers. Through activism, litigation, and involvement in international treaty negotiations, Koreans and Japanese with disabilities spurred reforms that created new anti-discrimination protections and obligations to provide reasonable accommodations, access, employment, and social supports. These policy changes also signal a notably more legalistic approach to governance, particularly in South Korea, because they include more detailed rules and formal rights, more enforcement mechanisms like fines, and better recourse to judicial or other dispute resolution bodies.

2021 ◽  
pp. 152342232110545
Author(s):  
Chang-Kyu Kwon ◽  
Soonok An

Problem: Disability issues have long been a topic at the margins of HRD research and have rarely been examined outside the United States context or with a focus on a specific disability type. Additionally, largely due to a homogeneous national culture, people with disabilities in South Korea experience unique barriers in career development. Solution: The authors report the findings of a multiple case study on the career attainment experiences of lawyers with visual impairments in South Korea. Data analyzed from interviews with five participants showed that various individual (perseverance, identity as a person with a visual impairment, self-advocacy, and strategic mindset) and social (family and peer support, reasonable accommodation, precedent, and having a leader with a vision for inclusion) factors contributed to their career attainment. Stakeholders: The findings of this study can aid organizational leaders, hiring managers, HRD practitioners in charge of providing reasonable accommodations, and educators of people with disabilities.


2021 ◽  
pp. 205556362110168
Author(s):  
Petra Hietanen-Kunwald ◽  
Helena Haapio

Research shows that strategic dispute resolution and early intervention reduce direct and indirect costs of conflicts. Minimal costs are involved in preventing and de-escalating disputes, compared with the costs of arbitration and litigation, for example. In this context, the traditional view of contracts as legal documents or reactive enforcement mechanisms is too narrow. Contracts can be used proactively, ex ante, too, enhancing the parties’ chances of success and preventing unnecessary problems. In Europe, this is part of what is known as Proactive Law; in the US, Preventive Law. On both sides of the Atlantic, it can also be framed as practicing proactive contracting or proactive contract design. Well-designed contracting processes and documents can prevent misaligned expectations and disappointments so that unnecessary disputes can be avoided. Early intervention methods of dispute resolution, such as mediation, can be used to de-escalate the dispute and promote cooperation. Along with other crucial elements, contracts can provide pre-agreed procedures and resolution mechanisms if changes, delays, or disturbances occur or a conflict situation arises. Building on our previous work on civil and commercial mediation and a managerial-legal view on contracts and their design we illustrate, with examples, how proactive contract design, combined with early intervention procedures and monitoring systems as well as post-award management processes can be used to better deal with the commercial, legal and human elements of a dispute. With a focus on commercial business-to-business contracts and related conflicts we explore how design methods can be used to address the root causes of legal disputes and to operationalize an effective dispute prevention and resolution system.


Asian Survey ◽  
2021 ◽  
Vol 61 (2) ◽  
pp. 217-240
Author(s):  
Sung Deuk Hahm ◽  
Sooho Song

Ever since the concept of soft power was introduced, there has been debate about what it is and how it works. We join the debate by studying how the success of Korean cultural products in Taiwan has improved the relationship between South Korea and Taiwan. The two countries normalized their relationship in 1948 and maintained cooperation until the severance of formal ties in 1992 because of South Korea’s rapprochement with China. Beginning in early 2000, however, South Korea’s cultural products have enjoyed great success in Taiwan. Since that time, the relationship between the two countries has significantly improved, including trade and tourism expansion, increased Taiwanese direct investment in South Korea, and policy changes by Taiwan’s government. These changes provide empirical evidence of soft power.


2017 ◽  
Vol 7 (2) ◽  
pp. 163-165 ◽  
Author(s):  
Stella C Pak ◽  
Yaseen Alastal ◽  
Zubair Khan ◽  
Umar Darr

ABSTRACT In South Korea (S. Korea), viral hepatitis is a major public health burden. Advances in healthcare policy, evidence-based medicine, and therapeutic strategies in S. Korea have brought a rapid change in the sociodemographic and clinical characteristics of viral hepatitis. This review discusses the innovative approaches that S. Korea has taken to curb the epidemic of viral hepatitis. In addition, the efficacy of various preventive and therapeutic modalities is discussed. This review aims to provide a brief overview to guide future research direction and healthcare policy changes. How to cite this article Pak SC, Alastal Y, Khan Z, Darr U. Viral Hepatitis in South Korea. Euroasian J Hepato-Gastroenterol 2017;7(2):163-165.


2020 ◽  
Vol 110 (10) ◽  
pp. 1523-1527 ◽  
Author(s):  
Maya Sabatello ◽  
Teresa Blankmeyer Burke ◽  
Katherine E. McDonald ◽  
Paul S. Appelbaum

This article considers key ethical, legal, and medical dilemmas arising for people with disabilities in the COVID-19 pandemic. We highlight the limited application of existing frameworks of emergency planning with and for people with disabilities in the COVID-19 pandemic, explore key concerns and issues affecting the health care of people with disabilities (i.e., access to information and clinician–patient communication, nondiscrimination and reasonable accommodations, and rationing of medical goods), and indicate possible solutions. Finally, we suggest clinical and public health policy measures to ensure that people with disabilities are included in the planning of future pandemic-related efforts. The devastation evoked by the COVID-19 pandemic raises challenging dilemmas in bioethics. It also speaks to social justice issues that have plagued historically marginalized communities in the United States. Responses to the pandemic must be bound by legal standards, principles of distributive justice, and societal norms of protecting vulnerable populations—core commitments of public health—to ensure that inequities are not exacerbated, and should provide a pathway for improvements to ensure equitable access and treatment in the future.


2018 ◽  
Vol 16 (4) ◽  
pp. 805-820
Author(s):  
Tahir Mahmood ◽  
Sajjad Ali Khan ◽  
Shahab Sarwar

Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the  provision of justice.


elni Review ◽  
2008 ◽  
pp. 39-49
Author(s):  
Birgit Dette

The Alps are experiencing a dynamic development in different areas, such as economy, social development or cross-alpine traffic and at the same time are facing environmental changes that impair the living conditions of people as well as of its flora and fauna. It is therefore important that through the Alpine Convention an international treaty has been agreed upon for the protection of the Alps with an integrative approach, embracing ecological, economic and social aspects. This article provides an overview of the objectives and content of the Alpine Convention. It also takes a look at its genesis and implementation as well as the different stakeholders that are involved therein. The article further examines the specific characteristics of the Alpine Convention such as its mechanisms for dispute resolution and its aspects of public participation. In this context a parallel is drawn to the Aarhus Convention which is likewise an NGO-driven international Convention.


Author(s):  
Sun-ju Kim ◽  
Jin-sun Park

To maintain the oral health and ability to smoothly receive dental treatment of people with disabilities, their accessibility to dental institutions must be enforced. Hence, this study aimed to assess the status of installation of convenience facilities for people with disabilities in dental institutions in Chungbuk Province, South Korea. According to the checklist based on installation items for convenience facilities for people with disabilities, 245 dental institutions in Chungbuk Province were visited and investigated to examine whether they had installed internal, intermediary, sanitary, and information-related facilities for people with disabilities. Inputs were analyzed using SPSS 25.0 (IBM, Armonk, NY, USA). Frequency analysis by item was conducted to determine the rate of installation, and Fisher’s exact test was performed to analyze the actual state of installation according to the type of institution. The results revealed a relatively higher rate of appropriate installation and access routes to the main entrance and parking spaces for people with disabilities in terms of intermediary and internal facilities, but at times they were installed at inappropriate locations or lacked proper signboards. The state of installation of convenience facilities by institution type was 0–1.3% per item at the clinic level but 75–87.5% per item in general and dental hospitals (p < 0.001). Insufficient government management and supervision at clinic-level dental institutions lead to limited scope for regulating the installation of convenience facilities. Better laws, with continued support and supervision of central and local governments, are needed to resolve this issue.


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