다문화주의; 법적 갈등; 보편적 인권; 사회통합; 문화다양성; 문화소수자; 문화운동; Multiculturalism; Legal Conflict; Universal Human rights; Social Integration; Cultural Diversity; Cultural Minority; Multicultural Movement
한양법학, v. 29, no. 1, page. 59-77
This paper aims to identify what the role of public law should play in the legal inequality or human rights conflict in a multicultural society and what the responsibility of the state is. The application of law in modern countries is advancing from monism to relativism and this is progressing again and into pluralism. What kind of conflict does the law and human rights face now that society has changed into a society that recognizes diversity and difference in society based on homogeneity? This paper does not address specific examples of multicultural issues. It is rather an attempt to gain a certain point of view to understand the problems that arise in multicultural society and to suggest solutions. This paper criticizes the exclusion and intolerance of ethnic minorities in multicultural societies and suggests solutions to the problems of human rights conflict due to cultural diversity in Korean society. In modern society, there are many cultural minorities that are not protected by human rights. This paper deals with the basic concepts of multicultural society and discusses the concept of universal human rights and multicultural human rights in order to solve fundamental social problems with the premise that 'the state is responsible for cultural diversity' rather than simply analyzing the current legal system. All. Then, we addressed solutions to human rights violations and social integration, especially in terms of social rights and the rights to freedom. The most important means of social integration is the law. The various legal systems of multicultural society contribute to stabilizing the legal status of cultural minorities. On the other hand, the inclusion of cultural minorities incorporated in our society as members of the legal community requires another consideration beyond the legal system. Even in the history of our short multicultural society, we can see that human rights is a matter of consciousness beyond legal and institutional issues. In order for the multicultural policy of the national level to take effect, it is important to recognize the cultural differences between the majority of the cultures and the cultural minorities, and multiculturalism policy through the legal system is also important. However, multiculturalism, multicultural movement is more important.