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Racial discrimination in muticultural society
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다문화사회에서의 인종차별 - 일본의 [외국인] 차별사건을 중심으로 -

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Type
Academic journal
Author
Journal
한국민족연구원 민족연구 민족연구 제62호 KCI Accredited Journals
Published
2015.1
Pages
50 - 71 (22page)

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Racial discrimination in muticultural society
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Today, dubbed as the era of migration or moving world, the borders of nation-states have been blurred by the sharp increase of migration in the Asia-Pacific region and this is also the case in Korea, a racially homogeneous country. As noted by the United Nations Special Rapporteur on racism, Mutuma Ruteere, who visited Korea last year, our government has enacted a wide-ranging anti-discrimination law, thereby building on the progress made in addressing the issue of discrimination at the institutional level. However, awareness-raising of foreigners or migrants is not done in a short time, in the meantime, they are vulnerable to racial discrimination at the individual level. There was an incident of racism in Busan in September 2011. A naturalized marriage migrant woman from Uzbekistan was refused access to a sauna, but this case did not receive a complaint from a victim. Unlike the Korean case, in 1999, when foreigners living in Japan were refused access to a public bath, they filed a suit against the public bath and Otaru city for racial discrimination. This case was settled in January 2005 by the Supreme Court ruling. Japan has an experience of colonial rule, causing more diverse migration from foreigners compared to Korea. Although there are regional differences between foreigners staying in Japan and the regionally specific multicultural policy is enacted by the local government, anti-discrimination legislation at the national level has yet to be adopted. The issue of private acts of racism, that is, racial discrimination has never been addressed in a South Korean court, while discrimination cases were raised by foreigners or naturalized citizens in Japan, leading to compensation for damages. The compensation for damages or judicial precedents is based on the convention on the elimination of racial discrimination, signed by Japan as well as Korea. This study aims to examine the interpretation of the law applied to the settlement of disputes or legal relief against discrimination in a multicultural society by explaining the case of a refusal of access to a public bath in Otaru and discussing points of judicial precedents.
#인종차별 #다문화사회 #외국인 #손해배상 #인종차별철폐조약 #Racial Discrimination #Multicultural Society #Foreigner #Compensation for Damages #Convention on the Elimination of Racial Discrimination

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/ / 모든 형태의 인종차별철폐에 관한 국제협약 / International Convention on the Eliminatio n of All Forms of Racial Discrimination google schola / / 시민적 및 정치적 권리에 관한 국제규약 / International Convention on Civil and Political Rights google schola / 1963 / 日最高裁 大判 google schola / 1981 / 日最高裁 大判 google schola / 1981 / 東京地判 / 判例時報 (1043) : 76 ~ google schola

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