평등권 이론에 관한 현대적 전개로서 적극적 평등실현조치 = Contemporary Development about a theory of Equal Rights and Affirmative Action

다국어 초록 (Multilingual Abstract)

When equality is defined as essence of justice, realization of equality means realization of justice and realization of justice in turn signifies the realization of the society in substantial equality. 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.
But throughout history, the social and structural discrimination is endured to man. though the contemporary democratic constitution includes legal protection of equal rights, traditional value-neutral interpretation of equal rights was not sufficient to em body 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 'affirmative action' in present discriminatory situations. The term 'affirmative action' generally can be used to describe any plan or program designed to redress the effects of past and current unlawful or wrongful discrimination to man in allocation public or private economic and other resources or opportunities in society.
The effectiveness of affirmative action in eliminating discrimination and achieving substantial equality between man and man is obvious, but it is double-edged sword with the potential to violate the rights of majority since it is a form of inequal treatment privileging the disadvantaged on minority, while causing reverse discrimination on majority. therefore, Affirmative Actions must be deliberately designed to observe the range of legislative discretion and the lim it of the Constitutional law at the purpose of attainment of substantial equal right and social integration and of promotion of surroundings to realize substantial equality of opportunity.
The affirmative action is necessary for the social unity and development of democracy. The courts of advanced nations have supported the use of affirmative action as a remedy for societal discrimination. Implementation of an affirmative action program can be an effective way to quickly eradicate intentional, statistical, or institutionalized discrimination. And to solve the problem of the reverse discrimination and unconstitutionality of affirmative action, the discussion about preparation of constitutional basis of affirmative action is required.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 평등 개념의 변화와 우리헌법상의 평등권
• Ⅲ. 평등권의 효력에 관한 현대적 이론
• Ⅳ. 적극적 평등실현조치
• Ⅴ. 결론
• 참고문헌
• 〈Abstract〉