Earticle

초록

영어

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.

목차

I. 서론
 II. 논의사항
  1. 차별행위는 인권침해 행위인가?
  2. 혐오범죄의 기준은 무엇인가?
  3. 차별행위가 혐오범죄의 원인이 될 수 있는가?
  4. 혐오범죄의 계속적인 증가가 예견되는가?
 III. 차별행위와 혐오범죄와의 관계
  1. 인종 및 국적(Race, National Origin)
  2. 종교(Religion)
  3. 장애(Disability)
  4. 성적지향(Sexual Oreintation)
 IV. 인권의 가치
  1. 국제인권법의 적용
  2. 인권교육을 통한 예방
  3. 사법제도에 의한 구제
  4. 새로운 인권이론의 전개
 V. 맺음말
 참고문헌
 ABSTRACT

키워드

저자

• 김수원 [ Kim, Su-Won | 대통령소속 군의문사진상규명위원회 보고팀장, 전 우석대학교 경찰행정학과 교수, 정치학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340