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Cambridge University Press 978-1-108-84133-7 — Rights Claiming in South Korea Celeste L. Arrington, Patricia Goedde Index More Information Index abortion, 2, 141–43 Anti-Communist Association for the Civilian Act for Promoting Special Education, 226 Victims’ Families of the Jeju Island 4.3 Act for Promoting the Employment of Disabled Events, 91 Persons, 223–24 Anti-Corruption and Civil Rights Act on Disclosures of Information by Public Commission, 324 Agencies, 163 anti-discrimination legislation movement Act on Support for Multicultural Families, age discrimination and, 257 263, 294 Alliance for Anti-Discrimination Legislation Act on Supporting Discharged Soldiers, 138 and, 267–68 Act on the Promotion of Transportation Anti-Discrimination Collective Action for the Convenience of Mobility Disadvantaged Enactment of Proper Anti-Discrimination Persons, 218, 228, 232 Laws and, 267 Act on Welfare of Persons with Disabilities, 229 Disability Rights Movement and, 258 Administrative Procedure Law, 157 diversity valued in, 255, 265–68, 269–70 adultery, 2, 139–41, 320 educational discrimination and, 258, 259 Advocates for Public Interest Law (APIL) failed attempts to pass anti-discrimination Christian lawyers’ networks and, 187 legislation and, 258–60 Dongcheon Foundation and, 180 gender discrimination and, 258 funding of, 180 human rights treaties and, 254 operational profile of, 178–79, 185 LGBTI people and, 255, 257, Ahn Hee-jung, 63 259–63 Ahn Kyung-hwan, 115, 118 minority group identities and, 261–65 Alliance for Anti-Discrimination Legislation, Moon Jae-in and, 261, 269 267–68 multiculturalism and, 263 Alliance for the Welfare of Disabled Persons, 225 National Human Rights Commission of Korea Alternative Textbook for Modern and and, 255, 256–59 Contemporary History of Korea, 98 opponents of, 259–60, 266 Americans with Disabilities Act (ADA), 228, 230 racial discrimination and, 257 Amnesty International, 109–10 religious discrimination and, 257 Anderson, Marnie, 55 Roh Moo-hyun and, 258 anti-communism sexual harassment as a target of, 257 Anti-Communist Law and, 91 temporary workers and, 258 household system and, 73 anti-Muslim sentiment in South Korea, 172, 264, Jeju 4.3 events (1948) and, 10, 85–86, 89–91, 93, 265–66 96, 97, 99–100 April 19 Student Revolution (1960), 88–89 Korean War and, 90 Asia Pacific Refugee Rights Network National Security Law and, 90 (APRRN), 178 Rhee administration and, 90 Asian Financial Crisis, 161, 203 331 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-108-84133-7 — Rights Claiming in South Korea Celeste L. Arrington, Patricia Goedde Index More Information 332 Index Asia–Pacific Forum of National Human Rights Citizens’ Coalition for Economic Justice (CCEJ), Institutions (APF), 116, 119 181, 284 Assembly and Demonstrations Act, 174 citizenship Attorney-at-Law Act, 181–82, 226 civil citizenship and, 279 communitarian conceptions of, 14, 303, 304 Bae Dal-ho, 211 continuum of rights attached to, 279 Bae Jae-hyeong, 211 ethnicity and, 304 Bae, Kim & Lee LLC (BKL), 173, 182–83, 226 International Covenant on Civil and Political Baek Seung-mok, 238 Rights and, 303 Bak Byeong-ho, 49 Nationality Act and, 303 Bak Chun-ok, 57–58 North Koreans’ claims in South Korea of, 14, Bak Hong-in, 57–58 299–300, 303–11 Bak Jang-hyeok, 57–58 rights claiming and, 300–3, 311 Bak Yong-ok, 49 undocumented citizenship and, 307–8 Ban Ki-moon, 253 Civil Code (1958) Basic Act on the Treatment of Foreigners in divorce and, 76 Korea, 294 family law and, 65, 67, 73, 75–77 Beautiful Foundation, 175–76 gender inequality and, 10, 65, 67, 70, 74–77, 321 Benford, Robert, 87 household system and, 72, 75–77 Berlant, Lauren, 250 inheritance rights and, 76–77 Bernhardt, Kathryn, 54–55 Korean customs and, 73, 77 Black Lives Matter movement, 321, 327 Law Code Compilation Committee and, 69–70 Boda Law Office, 180 marriage and, 76 Bourdieu, Pierre, 28 National Assembly and, 70 Brothers’ Home (Busan), 224 natural person as rights bearer in, 67 Burdekin, Brian, 110 patrilineality and, 74 Butler, Judith, 26 wives’ legal incompetence abolished by, 69–70, 76 Candlelight Protests, 103, 247, 250 Civil Ordinances on Civil Matters in Korea, 45, 47 Chang, Paul, 7 Coalition for Moral Sexuality, 260 Charter of Human Rights for Seoul Citizens, 262 Cold War, 48, 77, 93 Chatterjee, Partha, 71 Come Together organization, 238 Cheolbi (petitioner in Joseon dynasty), 29 Commission on Youth Protection, 243 China, 49, 54, 292 Confucian Association, 71 Chingusai, 239, 240, 241 conscientious objection cases, 145–46 Cho Haejoang, 54, 78 Constitution (1948) Cho Yong-hwan, 112–112, 184, 186 amendments to, 127 Choi Cheon, 90 Article 1 and, 66 Choi Hyaeweol, 49 Article 8 (equal rights provision) and, 66–67 Choi Kang-seo, 211 Article 10 of, 128 Choi Soon-sil scandal, 158 gender inequality and, 9, 66–67, 71–72 Choi Won-sik, 260 patrilineality and, 71 Choi Young-ae, 120, 269 rule of law and, 126 Choo Hae Yeon, 302 Weimar Constitution as model for, 128 Choo Mi-ae, 269 women’s voting rights and, 66 Christian Council of Korea (CCK), 245–46, Constitution (1987) 259, 262 boundaries of Republic of Korea outlined Christian Liberal Party, 266 in, 303 Chua, Lynette, 241 Disability Rights Movement and, 222, 228 Chun Doo-hwan, 85, 160, 173, 200, 202, 222 diversity not recognized as value in, 265 Chun, Jennifer, 206 equality and nondiscrimination provisions in, Chung Bong-joo, 63 253, 261, 265, 288 Citizen’s Solidarity for Promoting Reasonable LGBTI rights and, 245 Accommodations, 226 national security provisions in, 303 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-108-84133-7 — Rights Claiming in South Korea Celeste L. Arrington, Patricia Goedde Index More Information Index 333 Constitutional Court Disability Discrimination Acts of Solidarity in abortion cases and, 2, 141–43 Korea (DDASK), 178 adultery law and, 139–41, 320 Disability Rights Movement caseload at, 127, 131–33, 135, 146, 155 Act for Promoting Special Education and, 225 conscientious objection cases and, 145–46 Act for Promoting the Employment of Disabled constitutional complaints reviewed by, 129, 133 Persons and, 223–24 direct individual complaints to, 133–35 Alliance for the Welfare of Disabled Persons disability rights cases and, 227, 228 and, 225 diversity recognized as a value by, 265 anti-discrimination legislation movement establishment (1988) of, 11, 127, 155 and, 258 gender equality cases and, 11, 138–39 Citizen’s Solidarity for Promoting Reasonable German Federal Constitutional Court as model Accommodations and, 226 for, 128 Constitution (1987) and, 222 household system cases and, 138 Constitutional Court cases and, 227, 228 impeachment cases and, 129, 133 Convention on the Rights of Persons with individuals’ fundamental rights and, 126, 128, 133 Disabilities and, 219, 226, 229–30 judicial review of statutes and, 129–30, 133–35 Declaration on the Rights of Disabled Persons Korean Chinese claims cases at, 287 and, 222 LGBTI cases and, 11, 143–45 Disabled Peoples’ International and, 222, 228 military cases at, 138, 144–46 Dogani case and, 224 patrilineality cases and, 138 education access and, 220–21, 225–26 political party dissolution cases and, 129, 133 Korea Differently Abled Federation and, 223 prosecutorial decisions reviewed by, 135–37 Korea Differently Abled Women United referrals by ordinary courts to, 130, 134 and, 226 reform proposals regarding, 127 Korea Disability Law Association and, 227 scope of constitutional review and, 127–30 Korean Association of Parents of Disabled state agency disputes and, 129, 133 Persons and, 222 Consumer Dispute Settlement Commission, 161 Korean Bar Association and, 226–27 Convention on the Rights of Persons with Korean War veterans and, 220 Disabilities (CRPD), 3, 219, 226, 229–30, mobility rights and, 1, 2, 13, 217, 228–29, 232 322 National Human Rights Commission of Korea Cordial Reception and Support Act for Patriots and, 13, 219 and Veterans, 138 paternalism toward disabled population as target Cotton Campaign, 179 of, 218–19, 232 COVID-19 pandemic (2020), 327 Research Institute for Disability Rights in Korea Criminal Procedure Code, 137 and, 223 Seoul Paralympics (1988) and, 223 Daedongin, 239, 240–41, See also Dongilyeon Solidarity Against Disability Discrimination Darangsi Cave excavation (1992), 89 and, 228, 233 Daum internet portal, 325 Welfare Act for Mentally and Physically Declaration on the Rights of Disabled Persons, 222 Disabled Persons and, 220 Defector Protection Center, 306 Welfare Act for Persons with Disabilities Democratic Labor Party, 202, 218 and, 223 Democratic Party, 269 World Program of Action Concerning Disabled Dillon, Stephen, 250 Persons and, 222 Disability Discrimination Act (DDA) Dispatched Workers Protection Act (1998), 205 enforcement of, 230–32 divorce, 27, 47, 48, 76 National Human Rights Commission of Korea Dogani case, 162, 224 and, 231 Dongcheon Foundation passage (2007) of, 13, 219, 229, 322 Advocates for Public Interest Law and, 180 proactive relief measures and, 232 Bae, Kim & Lee and, 173, 185 punitive damages and, 164 Duroo and, 184 Seoul Central District Court ruling law student organizations and, 189 regarding, 231 Minbyeon and, 187 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-108-84133-7 — Rights Claiming in South Korea Celeste L. Arrington, Patricia Goedde Index More Information 334 Index Dongcheon Foundation (cont.) Global Network for Public Interest Law pro bono services
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    Zhu Xi’s Theory of Heterodoxy and King Sejong’s Thinking of Zhongyong: Focusing on the Arguments over the Sarigak at Heungcheonsa Temple PARK Hong-kyu Abstract King Sejong practiced faithfully the Confucian policies that had been estab- lished with the foundation of the new Joseon dynasty. He was a typical Confu- cian king who repressed Buddhism, which had been the state religion in the preceding Goryeo dynasty. When he expressed support for a Buddhist event of repairing the sarigak at Heungcheonsa temple in the capital in the 17th year of his reign (1435), however, King Sejong came into conflict with his Confu- cian subjects. The opposition assumed various aspects in the process until the conflict came to an end, and the will of King Sejong was accomplished in the 24th year of his reign (1442). Previous studies have interpreted the Buddhism- friendly events of the Confucian King Sejong from the viewpoints of social, national, and religious necessity as well as of functionalism, usefulness, and practicability. This paper, however, pays attention to the reasoning structure of King Sejong. It aims to show that while Confucian subjects argued on the basis of Zhu Xi’s theory of heterodoxy, King Sejong employed zhongyong (doc- trine of the mean) in the conflicts with his subjects on Buddhist events. In addition, this paper examines the relationship between Zhu Xi’s theory of het- erodoxy and the theory of zhongyong, and gives ideological meaning to the arguments between King Sejong and his subjects. Keywords: King Sejong, Zhu Xi, Confucianism, Buddhism, theory of zhong- yong, theory of heterodoxy PARK Hong-kyu is Professor of Political Science at Korea University.