Earticle

초록

영어

The Constitution in every nation has Equal Right Clause and it is considered as one of the most important and fundamental rights. In Article 11 of our Constitutional Law, equality before the law is mentioned. And in Section 4 of Article 32, special protection of female labor and in Section 3
of Article 34, female Welfare and elevation of interests is indicated. But throughout history, the social and structural discrimination is endured to women. though the contemporary democratic constitution includes legal protection of equal rights, traditional value-neutral interpretation of equal
rights such as Gender-blindness was not sufficient to embody substantial equality. To solve the problem of the discrimination like this, the gap between legal or mechanical ideology of equality and substantial equality appears to be reduced by ‘gender affirmative action’ in present
discriminatory situations. The effectiveness of gender affirmative action in eliminating
discrimination and achieving substantial equality for women is obvious, but it is double-edged sword with the potential to violate the rights of men since it is a form of inequal treatment privileging the disadvantaged on the one hand, while causing reverse discrimination on the other hand. Affirmative action is an object of dispute in association with reverse discrimination and
merit system. To solve this problem in the interest of social unification, This study
discussed the constitutionality and constitutional limits of gender affirmative action programs in Korea. Finally to settle the problem of the reverse discrimination and unconstitutionality of affirmative action, the preparation of constitutional basis of affirmative action is required.

목차

Ⅰ. 서론
 Ⅱ. 평등권 개념의 변화
 Ⅲ. 적극적 평등실현조치의 이론적 배경
 Ⅳ. 헌법적 근거를 마련한 국가의 법제
 Ⅴ. 우리나라의 현황
 Ⅵ. 헌법적 한계 및 헌법적 근거의 마련
 Ⅶ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 이한태 [ Lee, Han-Tae | 충남대학교 법학연구원 전임연구원, 법학박사. ]

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