Electronic copy available at: http://ssrn.com/abstract=2592876 

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Ethics, Law and Social Justice 

    Kiyoung Kim 

    Professor of Law and Governance 

       The Research Institute  

Chosun University 

  



 Electronic copy available at: http://ssrn.com/abstract=2592876 

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                       I. Ethics and Responsibility 

Introduction 

Ethics and responsibility would be a vexing or awesome topic that the contemporary 

citizen more likely wishes to avoid to giving his or her views or opinions. That is perhaps 

because the society transforms rapidly and turns to become more diverse from the past 

decades. These concepts, on the other, comes not in the ancient or middle era classics, but 

from the near modern context in 18
th

 England and French (Cooper, T., 2012). In dealing 

with the nature and relationship between the two concepts, another notion of morality also 

comes into a comparative context. Morality, if often interchangeably used with the ethics, 

could be seen in some differences that ethics is a dimension one step removed from action. 

So we used to preach our dependents or subjects to conform their conduct to the kind of 

moral demand, “Exert your best to the interest of nations or society,” “Practice a love and 

humiliation with brothers, sisters and neighbors,” “Never be drunken while driving,” “Do 

not commit an adultery or do not steal other’s property,” and the likes. Law, then, would 

be a minimal of morality which prescribes a prohibited conduct and corresponding 

criminal sanctions proportionally with the gravity of culpability or social harms (2012). 

Those concepts might share a common element in a great extent, but could be made 

distinguished in some of subtleties.  

                                        US Government on Review 

One organization comes readily into my mind since it is now engaged in serious 

problems involving the international human rights, morality, war and politics. The US 

government facing an issue of Syria tragedy and use of fatal chemical weapons is 

illustrative. The middle east nations have long been a region of world attention with a 

political instability, terrorism, antipathy and confrontation and occasional carnage of wars. 

Most recently Saddam Hussein was held a war criminal to be executed from his unlawful 

invasion of Kuwait, and Bin Laden also perished from the American justice about his 

terrorism. Kaddafi also was driven to disappear for his dictatorship and undemocratic 

cruelty, and many others including an Egyptian consequence of turmoil and radical 

transformation in 2013. Syria has been charted notorious to perpetrate a years of genocide 

and persecution which, in years through, awakened the global minds of peace and 

humanity. The organization, US government, is largely considered a quasi-police regime 

for the international peace and human rights, which constitute two sublime ideals that the 

current international community upholds. It operates basically within the US constitution 

and international laws, but the nature of business possesses a high extent of international 

politics and diplomacy. Notably, they have to legitimate their sanction or war of alleged 

justice from UN or other ground of international laws. As the US acts in some ultimate 

supremacy of UN Security Council in this area of controversy, the right to veto 

entertained by five major permanent member states in the Council is generally 

determinative although some grey occasions of legitimacy could be raised and disputed 

by scholars. Domestically, the issue has ambiguities also involving a constitutional 

authority waging a war between the Congress and President. It most always tends to 

avoid a judicial review in its substance and merits since the judiciary often abstains on the 

ground of political question doctrine. Most practically, the organization has to focus on 

the attitudes or collaboration of key allies, seriousness of problem, and international 

atmosphere, risks involved, and the post-war consequences. 



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               Ethics and Responsibility with the Neighboring Concepts      

      Across the four concepts mentioned above, i.e., ethics, responsibility, morality and 

law, we can verify instantly that those share a common ingredient, to say, public value or 

humanity, religious and traditional beliefs, social custom, exposure and common 

experience, shared passion, standard of reason in the prevailing context of society and 

some of learned interplay or receipt among the gross base of people or organizational 

members. If we consider a morality were to be prime to penetrate the whole of four, we 

may have a basic dichotomy between the deontological and teleological paradigms of 

moral assertion (2012). The deontological version of morality would possess a more 

quality of absolutism on a desired human conduct and behavior. That likely defines a 

context of each individual in the face of God or prevailing custom, and meditates through 

the flesh and spiritual ideals. The deontological approach, thus, often induces one 

unavoidable solution and prefers a consummation of ideals without alternatives or options. 

This less likely allows the circumstances or relativistic nature of moral issues to operate 

in guiding the conduct of individual or organization. It would, in general sense,  only be 

possible in a limited scope of inalienable values, more likely be pertinent with an 

individual than organization, more religious than social in apprehension, less likely to 

compromise and so on. The teleological frame of morality often presupposes a utilitarian 

concept, hence, more likely relativistic, circumstantial, interactive or communicative, 

reciprocal, evolutionary, and etc. It pursues a greatest good in the greatest number, and 

has quality to compromise and improve (2012). Then, this dichotomy, in some sense, 

could be seen to correspond with two perceptions of J.S. Mill on liberty, to say, hedonic 

nature of pleasure and higher pleasure. In the context of organization and public 

administration, the teleological concept of morality contributed profoundly to the ethics 

of bureaucracy and responsibility of public employees.   

An exploration of ethics would be in two ways, which are descriptive of the process 

how the individual or organization applies their ethical concept to their conduct and 

organizational decision making (2012). The other would be normative so that the leaders 

or decision makers are compelled or practically demanded to abide by and uphold a 

certain set of values, job requirement, organizational culture and workplace democracy.  

Some Thoughts on Their Relationships  

From the above, we can derive several points of relationship between the ethics and 

responsibility.  

First, the ethics are presumed on some of societal or organizational context while the 

responsibility is affiliated with a role, discipline, or sanction and particularized form of 

realized ethics (Laureate Education Inc., 2013). Without the concept of role or 

responsibility, the ethics would be practically small thing to be only instructive and 

inculcating. The ethics are generated and continue or evolve in interplay with the system, 

process, culture, intelligence and rationale or reason, which, if in a specific context, 

would be prevailing and governing if some lesser extent of coercion and compulsion than 

law. Hence they are more objective and persistent on the given society and organizations, 

but can conflict among each other if deviated from a specific sphere. For example, the 

ethics between the interested nations about a Syrian incident would not be same or even 

conflict about the phenomenon and governing ethics. On other case, we may see a 



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conflict of ethics between the justice department and Mafia organization. Given that a 

Huntington’s forecast on the clash of culture denotes as a most factor in the contemporary 

world politics, the conflict of ethics would be more bureaucratic or organizational in 

connotation and mid-colored between the law and culture. This implies that the ethics 

could be more specific, more organized and tangible in recognition and apprehension of 

the concerned, more operationalized in action, convincing, and substantial or 

comprehensive, which is other than culture, but might be lesser than law. This implies 

that the ethics would be more readily applied to the concept of responsibility, and offers 

the basis to pursue a responsibility other than culture (The Internet Encyclopedia of 

Philosophy: Ethics, 2013). Given this attribute, the US government would be more 

properly conceived in view of ethics and as one of organization rather than the nation or 

state, which lacks the kind of absolute legitimacy unlike the domestic politics (2013). If 

we say culture, that would mean a kind of retreat or high of conceptual drawback because 

of its rigidities and irreconcilable nature at basics. On the other hand, more formalistic 

approach from the normative nature or international law, that would lack an agility or 

strategic aspect to secure a peace or human rights. This conception would be practically 

less wrong if we guess on a more likelihood that President Obama and his national 

security council would consume much of his time on, inter alia, strategic slides or 

projections, action or time plan, involved stakeholders than the books describing the 

cultural differences or historical antipathy as well as than the UN chapter, constitution or 

statutes.  

                                  Conclusion: Application of the Concepts 

Then, the ethics US government has to identify and respect would not be new in a 

vast context of established sensibilities or understanding. As a quasi-police role state in 

the world, we could be conventional and less skeptical of what decision US government 

has to make and act. Perhaps I would not be incorrect to label the US a quasi-police role 

state if bipolarity or multi-polarity would be respectfully suggested by the scholarly circle 

of international politics. That would be dissimilar with the late 1990’s and early 

millennium years, that the ethics or responsibility from a war and the military operation, 

in its process, could also not be the same. Obviously, the President and his council 

members would assume a divergent and complicated context of cooperation and 

collaboration if Russia vetoed a military operation. UK, traditionally a key ally in the 

international peace keeping operation, denied a ready collaboration unless any sufficient 

evidence are to be gathered to support the legitimacy of action by further steps of UN. 

Then the ethical nature of this issue might turn to be more likely a morality dispute which 

would be less organized and requires a solitude of basic beliefs (Laureate Education, Inc., 

2008). This aspect shows a dynamism or more circumstantial nature of ethics than law or 

morality, which would be organizational or bureaucratic than the state or religion. The 

responsibility may be viewed in two spheres, i.e., objective and subjective (Cooper, T., 

2012). The ethical administrators have a deep awareness of values, beliefs, traditions, 

norms and standards, and specific context of organizational goals and democratic virtues. 

They are conforming to the ethics of organization and do not breach it, which flavors in 

any given or objective context of system and interaction on ethics. When we consider the 

subjective responsibility on ethics, we often require them to exercise his best wisdom and 

inner process to reach some specific decision in the belief to uphold the ethics. Hence, 

responsibility seeks to unravel the specific application of ethics and can be viewed as 

enhanced and particularized form of ethics to ensure a process reengineering and vitality 



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or morality of organizational performance. Given its political nature of issue, the 

responsibility of President and his cabinet or council members also largely are political. 

Hence, unethical decision, which would perhaps be to undermine the set of values or 

democratic virtues, realistic lesson from the past, general conviction of American people, 

and amicability of international community, might bring a loss of next election, domestic 

reaction in an acid criticism and international disrepute of American prestige.   

                                                   References 

 Laureate Education Inc. (2013). Course Preview and Course Introduction :Ethics and 

Social Justice.  

 Cooper, T. (2012). The Responsible Administrator. San Francisco, CA: John Wiley & Sons. 

 Laureate Education, Inc. (2008). Ethics and social justice. Baltimore: Author. 

"Philosophical Roots" with Amanda Baker (approximately 11 minutes). 

 The Internet Encyclopedia of Philosophy: Ethics. Retrieved Sep. 2, 2013 from 

http://www.iep.utm.edu/ethics/. 

 The Internet Encyclopedia of Philosophy: Responsibility. Retrieved Sep. 2, 2013 from 

http://www.iep.utm.edu/responsi/. 

  

  

http://www.iep.utm.edu/ethics/
http://www.iep.utm.edu/responsi/


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II. Some Thoughts on the Morality and Ethics   

    The Concepts, their Quality and Connection 

 Morality is generally defined as a code of conduct as the guide for an action or 

conduct, which would be formed, upheld, and testified by any particular society or social 

groups (Stanford Encyclopedia of Philosophy: Morality, 2013). In comparison, ethics is often 

discussed about the ways of desired state for an agent or being where he or it could thrive or 

rest in pleasure, philia, good character and good will (Stanford Encyclopedia of Philosophy: 

Ethics, 2013). Ethics, therefore, may be approached in our usual contact, say, friendship. 

Ethical conduct or behavior often leads to a friendship in which an individual would consider 

the factors, say, usefulness, good moral character or pleasure in making a friend. For 

Aristotle’s, a friend could not be many, but small in number since the true friendship could 

only be possible by protraction of lived experiences and sharing. Hence, the ethics often can 

be more friendly engrafted with the discourse of leadership and organization. Morality often 

is said of a minimal of law, and this description also could be true between the ethics and 

morality. Hence, morality offers a basic ingredient of ethics that the immoral leaders would 

never be received as an ethical leader. Ethics, however, generally requires something more in 

addition to the moral requirements (2013). Morality would repudiate an organicism generally 

that the reason, religion, tradition and social custom are a principal source to found the 

elements of morality. Ethics, therefore, concerns a relationship, interactive dimension, and 

constructive pleasure in sharing and existence. Morality would pursue a human aspect 

leading to some of inviolable code of conduct, and often be conceived to cover a general base 

of people within the society.  

 That leads to the difference that morality would be more friendly with the politics 

and citizenry while the ethics would be more linked with the bureaucracy and various forms 

of organization. This would bring that the scope of influence would differ. Morality would be 

seen as more plenary and influence in a larger scope as in the case of Kantian universalism or 

J.S. Mill’s essence of civilized liberty. However, the conflict, at least a differing perception 

about the morality, is some of usual phenomenon as we see in the Oriental and Occidental 

virtues. For example, Good Samaritan law dictates the moral obligation, later developed into 

the principle of case law, that nobody betrays the nature of order, hence morality in our 

concern, even if we does not offer a rescue effort for the person in predicament. Once he is 

involved in the rescue activities, the duty is created to tender any best reasonable way to save 

him or her from the danger and perils. Oriental morality, as propounded by the Saint as 

named Mencius, goes otherwise that one is intuitively driven and morally demanded to rescue 

a drowning child. Other illustrations about a different concept of morality would span widely 

with the Muslim, Christian, Quakers, homosexuals, Buddhist adherents, and even between 

the socialists and liberalists (Stanford Encyclopedia of Philosophy: Morality, 2013). In this 

purview of subtlety about the unversalization and sectarianization, morality could not be said 

definitely to enjoy a larger scope of respect than the ethics. A morality often phases in the 

dimension, which is fundamental and basic, and that possesses the quality to expand and even 

coerce. The typical contrast as perceived by Roman rulers between the citizens of Rome and 

barbarians of periphery may presuppose a superiority of their morality, civilization, system 

and tradition. One historian also comments on the nature of western imperialism as a moral 

conquest and westerners’ lesson against the Orient or uncultivated barbarianism. Kantian 

universalism, and his protégé, Hegel’s thesis d’état raison perhaps would work as a prelude 



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for a Hitler’s excessive or abusive expansionism of Germanian sanctity or superiority against 

the exterior morality. So the morality possesses a character of ultimacy and inviolability, 

hence, fairly religious, but on reason, custom and tradition which would be a relative factor to 

intercourse with other group or society of different morality. This relativism would require a 

tolerance more than the ethics since the moral conviction is fundamental and easily 

embedded in any irreconcilable beliefs. It also can be made keenly affiliated with the politics 

on campaign and organization that a dissidence or sectarianism is a matter of course to shape 

the federal constitutionalism in the American continent in 18
th

 century. Ethics, on the other, is 

formed relatively and interactively to reach some of pleasant state. Hence, it entails the 

quality of human condition and eclectic nature depending on the circumstances. Hence, the 

word can be dealt with the concept of social justice as seen in the title of this course (Laureate 

Education Inc., 2013).  

 The concern of social justice or welfare, in the earlier of 20th century, plainly 

reveals an evolution of circumstances from the orthodoxy in belief between the liberalism 

and quest for a political dominance in the mid of 19
th

 century. If the latter assimilates an 

operation of morality through the basics of capitalist society, the turn of 20
th 

century to see 

the social justice would come possible as the kind of ethics from a general base of improved 

wealth, a market failure and polarization of society, increased representation and extended 

role of the elected officials, and so on. As Aristotle postulated, the ethics can be facilitated by 

the paradigm of virtuous agent, which would be mutatis mutandis a proactive nature of 

character in the contemporary equation. Hence, it is positive and proactive while the morality 

would largely be defensive and conservative on the tradition or basic disposition of each 

person or agent. His three companion idols, say, contient, incontinent, and evils, is simple but 

facile to show the contrast involving the four types of character (Stanford Encyclopedia of 

Philosophy: Ethics, 2013). Contient is a knoweldged person, but stern to keep staying with 

the counter-pressure. Incontientis ignorant, and did not appreciate the nature, condition, 

necessary things and events. This, of course, leads to any vulnerability and weaknesses in 

responding to the counter-pressure. Evils are out of merits to obfuscate and confuse the 

nature of challenges or undermine the existing conditions to harm an agent or organization. 

The virtuous agents, in comparison, would be a most idealistic quality as a leader or governor, 

but this does not necessarily means these persons are best lived nor always bring an 

affirmative consequence to improve and cultivate. For the Aristotle’s case, the good character 

and good will come into play to construct an understanding of ethics (2013). One other 

important focus was drawn from the intelligent or knowledge dimension of human condition, 

what he called philia (2013). So the concept likely represents a modern dualism about an 

inner human dimension which cover a consciousness or cognizance and intent. As Duke 

William conquered the Great Britain in 1076, an agent acts on his intent and will, who would 

perhaps operate their firms or enterprises on good will.As Sir. Coke and Blackstone spelt on 

the principles of common law, the leaders of organization are some knowledgeable person to 

guide the followers in any kind of blackletter rules, often implicitly, however, in his 

dimension of philia. Aristotle viewed a priori existence of political community or polity 

before an agent or person. This implies that the ethics and virtue of leadership are one of 

central qualities although he saw a happiest life in philosophers or their ways of living. These 

ingredients to compound into the whole of ethics simply show a major difference from the 

morality. To say, the morality is orienteered dominantly toward an inner dimension of 

humanity, but the ethics often is expressed in the apparent way, and is interchanged 

interactively and relationally. Morality often pursues a self- perfection, consistency with the 



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code of conduct in fulfilling a satisfaction of self, as well as avoidance of self collapse. That 

nature would be dominant even if we occasionally encounter an agent or entrepreneurs 

morally condemned in the newspaper stories or others. We can see that the knowledge or 

intent comes to serve relationally and enables a beginning point to interact and lead. A theory 

of appreciative inquiry would show this in a fashion. The leaders or strategy finders begin his 

job by inquiring, hence knowledge, in the intent, hence will, to encourage their target 

organizations. Ethics would require a course of journey to create a pleasant condition of 

humans and organizations while the morality often is given by an exterior authority as a code 

of conduct. Hence, a friendship illustration in the discourse of ethics is fairly apposite to 

reveal the context of differences for two thesis (2013). Let me say some more about recent 

chores. 

                            Reflections from My Recent Experience 

 I have experienced some of displeasure in conducting my lecture series. I have 

borrowed a specially equipped lecture room for videotaping in this fall term. The videotaping 

failed once in time last week to display without an audio effect. It also failed again to overlap 

the two lectures into one piece or might be hacked or stolen, which removed, in no way, a 

half of class from two hours content. The failure involves an incomprehensible technical 

difficulties about the computer device and attendant facilities that lay professors could not 

handle. The paid staffs, who often are graduates of college, were available, but they hardly 

penetrated the core of technical issues. Their advice is meeker, and most profoundly, other 

principals in charge are very negative about the use of special room. They are fairly defensive 

and like to be loyal to the original purpose of that room as a matter of school policy. Actually, 

however, the policy seems flexible and the hard nature of my course has a good justification 

for videotaping at the aim of post-school studies for the students. This negative stance of 

college administrators and less will of theirs seem to create an atmosphere to influence the 

technical staffs. Their skills and knowledge also seem imperfect to perform their role and 

service. I got infuriated with the two times failure in sequence. I do not even like to speak of 

any rule consequetialiam or act consequentialism in this case. However, the ethics are only 

way to explain this displeasure. The school administrators and technical staffs never are 

immoral and I could not tell any specific point in violation of any code of conduct. They stay 

peacefully to be satisfied and look likely to keep with a good moral character. The only way 

to explain my anger would be from their inaction, as likely contientor incontient. They are 

never immoral, but merely neither virtuous nor proactive against the counter-pressure. They 

hang around half of hours for one hour class by reserving any definite advice about the use of 

special mike. They are never immoral, but we can hardly find any friendship, a useful 

equivalent with ethics in analogy. Ethics, then, would be an enhanced concept for the desired 

human or organizational condition (2013).   

                                                                   Reference 

 Laureate Education Inc. (2013). Ethics and Social Justice 

"Fundamental Concepts" with Amanda Baker (approximately 16 minutes). 



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 Stanford Encyclopedia of Philosophy: The Definition of Morality. Retrieved Sep. 7, 2013 

from 

http://plato.stanford.edu/entries/morality-definition/. 

 Stanford Encyclopedia of Philosophy: Aristotle's Ethics (parts 1-4). Retrieved Sep. 7, 2013 

from http://plato.stanford.edu/entries/aristotle-ethics/. 

               

  

http://plato.stanford.edu/entries/morality-definition/
http://plato.stanford.edu/entries/aristotle-ethics/


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III. A Comparative Understanding of Liberalism and Libertarianism 

    The Main Profile of Two Thoughts 

Liberalism and Libertarianism are close concepts, but distinguished in the basis and 

its present effect on the community.  

A libertarianism begins with the self full- ownership and penetrate the kind of 

property or physics origin of metaphor through the discourse (Stanford Encyclopedia of 

Philosophy: Libertarianism, 2013). It provides the ways to understand a personal autonomy, 

and its relations with the community and governance. Its contemporary evolution would be 

less extensive and took the nature of countervailing theme against the paradigm of welfare 

state or egalitarian liberalism. It tends to seek some of strengthened or defensive logic 

concerning a lesser intervention, more enhanced conception of personal autonomy from the 

social justice, as well as an emphasis on distinction between the society and polity or 

government. Hence, the ideas of libertarian adherents may go into an anarchy or requires a 

stern justification about the intervention, any scheme of administration on justice or new 

community ideals. Its tradition, in due course, can be traced back to Lockean ideas and its 

contemporary leading theorist would be Nozick (2013; R. Nozick, 1977). 

A liberalism would begin to perceive one as an agent more than the libertarianism 

that it spans widely thorough the human nature and interaction within the polity or political 

community (Stanford Encyclopedia of Philosophy: Liberalism, 2013). This ideal generally is 

considered to play a foundational role in the evolution of western democracy through 18 and 

19
th

 centuries in UK and US. Its origin should get more extended, but its significance as an 

ideal was framed in the moment as a new social idea in the 16-19
th

 century western 

community. It is the kind of rebellious understanding from the prevailing purview of those 

times from the feudal subjectivity and later a divinity of monarch. One or agent is not 

autonomous or self-willed to be liberal, and current form of freedom or liberty would only be 

attributed to the limited scope of people. This perception had broken at first with the struggle 

between the King, a representation of new nationalism in Europe and Pope, and resolved in 

the Westphalia peace regime. A next phase would be the contention between the wealthier 

class and ancien regime as represented by the feudal system and monarchy. In this phase, the 

contractarian theory offered the ground to liberalize the class of commercial merchants, 

industrialists, and local agrarians, and other class of bourgeois. It reshaped a dominant 

version of nobility, divinity and feudal ethics into a new paradigm and ways of understanding. 

Hobbes, Locke and Rousseau are considered as leading three originators of this ideal, who 

had, nonetheless, subtle differences in proposing their social contract in theory and basics 

(2013). From this social contract frame, a limited government could be enabled and the abuse 

of power may be checked or kept in balance in its structure and function. That means that the 

people turned to become qualified to enjoy their inalienable rights, such as rights to life and 

liberty as well as property right. The divinity of monarch was said of illusion to be replaced 

by a new hypothesis of social contract while Hobbes did not advance to this extent. The ideal 

of liberalism made a profound impact on the basic structure of democratic rule in the late of 

18
th 

, notably on the constitutionalism in US and universalism of human rights in France. This 

ideal, philosophically enriched by the work of J.S. Mills, served as a dominant perspective to 

rule the conquered lands and countries by the British power in the Victorian age.  



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From the idea of J.S. Mills on liberty, we can learn much of human condition, the 

duty and responsibility of agent, ethics, and ways of interplay to implant or inculcate himself 

and neighbors (J.S. Mill, 2002). In his conception, therefore, the liberty is not restrictive to 

the negative concept from coercion or compulsion. Beyond this basic liberty, he evangelized 

many intrinsic in his philosophical deliberation to substantiate the views of liberty or 

liberalism to bridge toward the positive concept of liberty. For example, he saw that the 

context of individual to grow and learn is essential to ensure the liberalism. He also 

distinguished the doctrine of free trade from the principle of individual liberty, and taught 

that the justification of personal and economic liberty was distinct (2002). He diversified the 

true nature of one or agent, and enabled to explicate the unraveled dimension of humanity if 

just philosophically or as unsupported by the contemporary science on humanity or 

psychology. Mill's perfectionism and his conception about the two ways of pleasure, hedonic 

and higher ones has likely echoed in consonance with the modern views on the Maslow’s 

hierarchy of human needs. He is also available in contrast with the Marxism provided that 

Marx is purely mercantile and economic in viewing the society on its basics. Millian concept 

might be received as a false consciousness from the communist adherents in one way, and 

may bring a structural distaste for the scholars of colonial experience. In his words, we can 

read, “Despotism is a legitimate form of government in dealing with barbarians, provided the 

end be their improvement…” (Stanford Encyclopedia of Philosophy: Liberalism, 2013). This 

view yet would likely be disfavored by Koreans in the context of Japanese imperial rule or 

US in the context of British rule. I consider, however, his idea is pioneering to flourish a 

reasonable pluralism and also interesting as if he whispered the Victorian glory of larger 

opportunities and ample space to fill the civilization errand in the ruled lands. That comes, for 

example, by mentioning about developing individuality and cultivating capacities. He 

therefore saw the barbarians not be qualified to entertain a genuine nature of liberty, but 

could be improved by ways of contact and interaction, which would likely be a Darwinian 

understanding of our nature (J.S. Mill, 2002). Then the views from the group of distaste 

likely said that they become as equal to be civilized but in the limits of British hierarchy and 

convenience of imperialistic rule. I am not sure if Marx, who might be a close peer as a 

matter of time with Mill, had that point, but Marxist view may overstate the role and capacity 

of working class to reject the idea of evolutionism. This hypothetical bridge would not be 

incorrect if we institutionalized a tripartite convention among the labor, capital and 

government in Korea and Northern European states.  

One other attribute in these times would likely be the experimental journey of new 

democratic rule unlike the Victorian system of world governance. The governments in the 

new continent around the mid of 19
th

 century had been aching to settle their system of rule 

and contested points about the democratic virtue and desires. Notably, the civil war and 

women’s right to suffrage were lodged to contend and evolved. This means any 

vulnerabilities and weaknesses in terms of the public policy and administration around the 

times. As J.A. Hobson phrased, the elected officials now are true representatives of the 

community in competence, capacity and ethics than a mere defender of their wealth as 

formerly stigmatized (2013). The concept of social justice and ethics of bureaucrats began to 

maturate if we are in the D.G Richie’s, “genuinely the government of the people and by the 

people themselves” (2013). This growth of government against the market or wealthier class 

rule would perhaps notably break into the New Deals around 1930’s and the social welfare or 

justice concept tend to come into some of primacy for the public administrators. A subtlety 

can be raised between the views of John Rawls and the paradigm of welfare state, and that the 



12 

 

term, “egalitarian liberalism” may more properly investigate the current context of humanity, 

social justice and ethics of administrators. While the welfare thesis highly tilted on any 

economic discourse, the egalitarian liberalism is prone to see the people and their social 

justice in some depth of philosophical justification as in Mill’s case against the pure market 

theorists (Laureate Education Inc., 2013).   

Interestingly, a point developed into the classical idea of Plato and his disciples about the 

function and role of individual in the community and the kind enabling concept between the 

deprived nations and affluent ones. A substantive justice or positive liberty would surge in 

the threshold to practice the liberalism as a matter of polity. For example, Ely asserted a 

social justice and positive liberty for the working class which replicated the ideas of post-

modern constitutionalism about an enabling concept of rights on the labor and social welfare 

benefits.  

                                                      A Summary on Two Thoughts  

Then the liberalism may be classified on several of its basics as (i) thoroughgoing 

methodological individualism (ii) individualistic postulate’ against all forms of ‘organicism’, 

(iii) expansion of an abstract conception of individual selves as pure choosers and 

ingratification of ideas on the cultural membership and other non-chosen attachments and 

commitments (iv) aims at development on a decent hierarchical society (v) horizon to explore 

the social cooperative structure and justice (2013). Interestingly, Mill adverted on the virtue 

of non-intervention on the non-liberal states which raises an ambiguities how this proposition 

could apply to non-British subjects or other powers at his time and contemporaries. For 

example, a previous illustration about Syria comes to be tested in his thesis. Also we can 

illustrate other ramifications of liberalism such as public reason liberalism and radical 

pacifism, which would adaptively propose to respond to the circumstances and demand of 

environment. For example, Republican liberalism could be epitomized in its new ways about 

the failure of free market structure globally, and economic in its vast aspect of proposition 

and arguments. 

Libertarianism, as above introduced, could be viewed in a protesting thesis against the 

imprudence of social justice or dominant ethics they consider thematically unproved or over-

generalized. Hence, they question the prevailing ideas of contemporary society from a rule 

consequentialism and teleology or rule cotractarianism. The impression would likely be the 

context of Scooridge who churns on the legitimacy and justification of social justice or 

established course of governmental ethics. They may constantly raise a suspicion and demand 

any plausible ground to legitimate the actions and programs by the justice-promoting 

organizations. Nonetheless, they have a cause and rationale that the public administrators 

should not disregard.  

                                                              Two Thoughts and Ethics 

Ethics, in Aristotelian preaching, was viewed for phasing out of virtuous agent in 

impression and a paragon to reach the idealistic dimension of mean state (Stanford 

Encyclopedia of Philosophy: Aristotle's Ethics, 2013). Aristotle showed a contrast within 

three other characteristics, say, contient, incontinent, and evil. A good person chooses to act 

virtuously, and transcends the knowledgeable, yet inactive person without a public outreach 



13 

 

for justice. Kalon, a Greek word in English meaning “beautiful,” “noble,” or “fine”, would be 

an ideal that the kind of person pursues (2013). This character of agents or person perhaps 

would be a best lived life on knowledge and understanding as coupled with the second mode, 

a devotion to politics.  

For the public administrators or students on the course of journey, I suppose that the 

ideals of liberalism would be a central point to tackle with to contest the virtue of 

administration every constantly. In this nexus, the ethics can come into an interplay, and 

libertarianism also would be an approach of neighbors which advises to communicate for and 

construct the system into a meaning (Laureate Education Inc., 2013) 

Reference 

J.S. Mill (2002). The Basic Writings of John Stuart Mill: On Liberty, the Subjection of 

Women and Utilitarianism. New York, NY: Modern Library.  

Laureate Education Inc. (2013). Ethics and Social Justice "Fundamental Concepts" with 

Amanda Baker (approximately 16 minutes). 

R. Nozick (1977). Anarchy, State, and Utopia.Basic Books.   

Stanford Encyclopedia of Philosophy: Aristotle's Ethics (parts 1-4). Retrieved Sep. 7, 2013 

from http://plato.stanford.edu/entries/aristotle-ethics/. 

Stanford Encyclopedia of Philosophy: Liberalism. Retrieved Sep. 7, 2013 from 

http://plato.stanford.edu/entries/morality-definition/. 

Stanford Encyclopedia of Philosophy: Libertarianism. Retrieved Sep. 7, 2013 from 

http://plato.stanford.edu/entries/aristotle-ethics/. 

  

http://plato.stanford.edu/entries/aristotle-ethics/
http://plato.stanford.edu/entries/morality-definition/
http://plato.stanford.edu/entries/aristotle-ethics/


14 

 

                                                 IV. Ethics and Design Approach 

Conflict and Ethics 

The public administrators are responsible to address the issues and agenda, and may, 

in some cases, need to make a difficult decision ethically viewed as divergent in ways of 

dealings. Most notably, they may be required to decide or act in the tension concerning the 

conflict of authority, interest and role. How the two concepts are connected and interact 

among each other often matters in the circumstances where the issue, task, course of dealings, 

agenda, and their role performance come to impose a difficult avenue of ethical consideration 

beyond the routine course of making a decision.  

            There can we identify the class of conflict which corresponds with the three elements, 

say, authority, personal interest, and work role (Cooper, T., 2012). A conflict of authority 

occurs when the ethical dilemma relates with the law, line hierarchy of organization or work 

structure, and other formal or informal work requirements in terms of control, cooperation or 

collaboration (2012). A conflict of interest often arises that the organizational course of 

performance, its goals or missions overlap the sphere of personal interest directly or 

indirectly, obviously or impliedly, as well as in the spectrum on purity and fidelity from the 

collective frame of organization. It does not necessarily require a loss or harm to the 

organization, and merely an improper or disloyal connection between the organization and 

interested administrator can suffice the conflict of interest test. The personal interest may not 

be the administrator’s himself, but encompasses that of his spouse or close siblings in general. 

A drafting of ethical code depends on the nature of organization and public policy as seen in 

the case of New York code on the professional ethics of bar members. In that enactment, the 

conflict of interest was narrowly tailored to have a limited ambit about the financial aspect 

when it defines an impermissible scope of violating the conflict of interest requirement. A 

conflict of role would be found more flexibly, and pertains to some of professional dimension 

on the desirabilities, efficiency of administrative performance, as well as the organizational or 

social utility of agents or administrators (2012). The concept is less rigid in comparison with 

the conflict of authority, but dynamic and creative in pursuit for a better performance, which, 

however, interplays to comport with the laws and line hierarchy. The concept of role, 

therefore, substantiates the formal or perfunctory nature of authority, and intrinsically relates 

with the administrative responsibility. While both of authority and role incur an issue of 

administrative responsibility, the former more directly brings the problem of objective 

responsibility. The latter would extend to the dimension of subjective responsibility while the 

basics of role also interplay with an objective responsibility.  

                                Ethical Reflections and Responsibility on the Design Approach 

            The topic, in nature, entails a difficult dimension in the course of professional service 

as a public administrator, and often reshores into the ethical dilemma or the conundrum of 

how to find a fit to resolve it (Hicks, D., 2013). According to Cooper, the design approach 

would serve a convenience and his or her ways to address the job duties about an ethical issue 

faced during the course of performance (Cooper, T., 2012). The paradigm, then, needs to be 

incorporated into his or her daily practice to chart and monitor his performance and standard. 

The use of this ethical model brings a benefit. This would serve finding a legitimacy of his or 

her authority and role, and particularly useful when he was questioned about his exercise of 



15 

 

authority and role. This means that the design approach could be a useful tool to address any 

predicament from the claim on subject responsibility. He or she also would be smooth with 

an autonomous performance of learned behavior sequence, and remove an ad hoc trouble on 

each respective case (2012).  

            In his view, there are two types of ethical decision model, say, descriptive and 

prescriptive (2012). The descriptive model shows the ethical decision as the world is while 

the prescriptive one introduces the ethical decision as the world we would like it to be. His 

ethical decision model is prescriptive and framed into stages and factors. The first would 

require our perception about the ethical problem posed as a challenge. Then the 

administrators begin to describe the problems and define the ethical issues in forms to be 

explored and finally anticipated to resolve. He or she explores a scope of alternatives to be 

chosen, and will be required to explore a projection of probable consequences and its analysis. 

In the next, he stepped into the phase of selecting an alternative, a best fit as confirmed 

through the process. Finally, he or she imagines the picture that would be realized by 

implementation of his or her decision, say, state of resolution (2012). 

            The model would be an amalgam of device to enable a leverage of ethical analysis 

into the express design which would be a dynamic process, rational and principled, but also 

on human feelings and character (Laureate Education, Inc., 2008). The design approach could 

increase the attitudes of administrators, i.e., reexamination, respect for the principles, 

distinction between values and principles, and so on. It would also cultivate the public 

administrators to think in a principled fashion. The ethical dilemma in its most extent brings 

an agony leading that the ethical autonomy is reduced to zero, that character is eroded, and 

that integrity is undermined (Cooper, T., 2012). From this hardship, the design approach can 

shape some of stable process within the inner minds of administrator which facilitates the 

nature of ethical analysis, i.e., primordal, spontaneous, complex, logical, principled, and 

relatively comprehensive justification (2012).  

                      Ethical Dilemma and Conflict of Authority, Role and Interest 

            Across three concepts, we may find a Korean illustration about the course of military 

coup in Dec., 12
th

, 1979. The incident may be known to US citizens if Korea is one of key 

allies and its rising prestige as a world class of nation. General Chun, a Korean of mid fifties, 

had served as a chief of investigatory authority to probe an assassination and cruel killings of 

presidential aids in the attempt to terminate the Cheng-hee Park’s lengthy reign on a 

militaristic ground. Jae-kyu Kim, a chief of National Intelligence Service and conspiracy 

leader of the plot to assassinate, alleged his legitimacy of killings given the democratic ethos 

and popular quest to restore the democratic rule, as shown in the Bu-ma marches and 

confrontation charted around 1979. Mr. Kim was actually executed, and was rejected of his 

claim in the judicial process. General Chun, a chief of Military Intelligence Service, was 

appointed as a charge of investigation by Seung-wha Chung, General in Chief of Korean 

Army. General Chun is required to directly report to the command and order from General 

Chung as a matter of law and line authority. General Chun had been a key actor of informal 

fraternity group, what was called Hanahoei, which is powerful and potent under the shield of 

Park’s support. General Chung’s background was different, who is not a graduate of Korean 

Military Academy, but was educated in a general base of military training. Hanahoei is a firm 

club in the promise to share a same destiny, personal welfare, promotion opportunities and 



16 

 

career success, and of course, a loyalty to the Park’s administration. The two months from 

Oct. 1979 through December of that year apparently looked of peace and progressive 

transition toward the aspired democratic form of government. Three Kims, promising 

candidates for the next presidency enjoyed a public attention, and the nation gradually had 

maturated into a campaign mood and political flourishing. That appears certain in due course 

that Koreans would sooner witness a democratic government long aspired and in the moment 

of demise of militaristic regime. Chun’s role is obvious in the eyes of public to investigate 

Kim and his conspirators or accomplice, while General Chung would govern temporarily in 

responding to the national emergency (Laureate Education Inc., 20o8). A transition to the 

regular regime seemed ensured in 1980. Abruptly, however, an unauthorized fire battle 

awakened Koreans in Dec. 12
th

, 1979, which broke out in the course of arresting activities of 

General Chung by General Chun. He later obtained an approval of that arrest by the acting 

head of state, Kyu-ha Choi, but in the demonstration of his informal power with his fraternity 

members. Some of implicit coercion can be noted in the evolution of one night revolutionary 

course of action. Chun’s cause and rationale, later seriously questioned and debated in the 

courtroom and by many political analysts, were alleged to lie in the investigatory needs about 

a suspicious behavior of General Chung, at the night of assassination. General Chung was 

called to report by Kim, and attended a dinner in the near guest room of Blue House close to 

the place of assassination. Chun’s version is that his presence had been necessary to support 

the coup of Kim and might imply a conspiracy connection with Kim. He, therefore, had no 

way to attempt an arrest of his direct supervisor without the approval of president, which had 

been required as a matter of law (20o8). A prior approval might fail the plan to arrest, but 

may bring a counteraction from the General in Chief. This scenario would be worse and 

Chun’s claim was that a possible culprit to harm the national head might continue by 

sacrificing him. In the period, there was an alleged plan to transfer General Chun and his 

informal fraternity group to some of marginalized position. As said, they had been strongly 

associated to serve their spirit and prosperity in their military career. This atmosphere to 

counter the Hanahoeiprobably threatened their personal expectations that they would turn to 

react in defending their private interest and in the chance to forge their suspicion about a 

General Chung’s quandary on the said night (20o8). What motives actually would be more 

imposing is still dubious, but might well be combined to make the decision to arrest. That 

night a number of innocent lives were sacrificed, and the divisions or special combat unit 

were mobilized at the military command order appropriated to serve their unauthorized 

course of military operation in arresting General Chung. At the time of arrest on Dec, 12, 

1979, he spent his time off duty in his public house located at Hannam-dong guarded by the 

armed military police. This guard line was broken by the attack of his appropriated unit, and 

other forces were drawn to occupy the command center of Korean Army.  

            This story reveals the context of critical dilemma in terms of ethics and code of 

conduct on the public administrators. General Chun was responsible to investigate, gather the 

evidence, and transfer his findings to the prosecution authority of Korean Army. His 

competence and authority was prescribed expressly by the law and work flows in system and 

practice. He would also need to report to his supervisor, General Chung and eventually to the 

acting president. He certainly faced an ethical dilemma how to decide and what course of 

action he should have to undertake. His deliberation perhaps would go into any deeper 

analysis the administrators normally would not process. The design approach and ethical 

decision model might seriously work around the perception of ethical problems, defining an 

ethical issue, exploring the scope of alternatives, and finally a selection of alternative and 



17 

 

state of resolution (Cooper., T., 2012). His ambition as a loyal and faithful cardinal of Korean 

Army, and human feelings from a Park’s benevolence might move him ethically as a factor. 

A retreat from any radical action would undermine his and his peer’s military career and 

personal welfare. His personal conviction to restore the justice and unearth the truths of that 

night might come highly to risk a military confrontation between the same armies, and 

eventually his and his peers’ lives (Hicks, D., 2013). His status, however, stood in the conflict 

of authority which transgressed the law and expected course of action (Cooper, T., 2012). A 

formality of line authority was clearly violated, but the role analysis may, in some degree, 

come to favor his courage and blatant initiative to arrest. A conscience, loyalty, passion, and 

affinity may support his decision. One source confirmed that he called President Park as a 

father in the informal gathering, and both had been ethically tied. In any case, a US 

Ambassador as well as the commander of the Eighth Division for Korean Ambit at that time, 

got infuriated about his usurpation of authority. The Korean government also finally 

condemned his decision and course of actions as a military coup in the criminal jurisprudence. 

The context of subjective responsibility was, in heat and passion, contended and debated 

seriously in the courtroom around 1994. An argument to legitimatize their personal ground to 

defend their ways of making a decision and course of action was eventually rejected by the 

court. General Chun and his peer General Noh served as a president in 1980’s and through 

early of 1990’s, but their glory just stopped there. As we learn, the final destination within 

this nature of public commission may go more proper if to respect the constitution and laws 

since any ultimate findings of a fit might sway. The conflict of interest also comes into a play 

if he or his peers embraced some of personal pursuit for the career success and welfare. 

                                                                      Reference 

Cooper, T. (2012). The Responsible Administrator. San Francisco, CA: John Wiley & Sons. 

   Hicks, D. (2013). Dignity: Its Essential Role in Resolving Conflict, New Haven, CT: 

Yale                University Press.  

Laureate Education, Inc. (2008). Ethics and social justice, “Ethical Decision-Making” with 

Amanda Baker (approximately 12 minutes). 

  



18 

 

V. The Ethical Dilemma and Ethical Decision Making Model 

    Introduction 
 

 One of present controversy in Korea reveals that a chief of national prosecution 

offices (KPO) had resigned in response to his alleged wedlock child. He has been one of 

respected senior prosecutor trusted by a group of young manpower in KPO. Mr. Chae, now a 

popularity from the flak of majority party, Saenuri, and on some of split views from the 

public opinion, should wait for a completion of internal process on investigation and audit. 

His resignation was remitted and the Blue House endorsed a supervisory command delivered 

by the head of Ministry of Justice (KMOJ), Mr. Hwang. Dong-wook Chae, a week ago, 

announced his resignation in the press and public media right after the minister Hwang, 

formally a higher authority in ranks and files, decided to process an internal investigation  

about the alleged Chae’s ethical failure. The story actually has stirred over the month 

involving one madam, called Lim, who runs a prestigious salon for the socialization and 

fraternity among the high technocrats and wealthier class of Korea. KPO had been reputed as 

one of prime justice-promoting organizations since the dismantlement of militaristic nature of 

government around the early of 1990. They had once been rated by the media as a top public 

institution attracting the public credibility and trusteeship. They had deeply been engaged to 

eliminate the evils and harms within the power groups and wealthier class in Korea. One 

young prosecutor mumbled, “I have been proud of my organization because the injustice and 

public ailment therefrom was remedied on my own hand…This incident actually frustrated 

the organizational members.” Other man corroborated with his comment, “KPO may not be 

perfect if the political power intervenes. It, however, has been on public faith that it, at no 

exaggeration, worked effectively to correct the ‘past’ political power.”  

 

  Situation, Factors, and Administrative Responsibility 
 

 The context actually is complicated to encompass a scope of elements expressly and 

impliedly working (Laureate Education, Inc., 2008). The plain aspect of incident is an ethical 

misdemeanor allegedly perpetrated by the Chief of Prosecution Office (CPO), perhaps 

decades of improper relationship with the said madam and wedlock boy child. The practice of 

embroiled persons, in my personal experience, are not unusual to hold the kind of pattern 

behaviors that the prosecution officers have a tie and social coupling with a local pub or salon 

as the base for their informal contact and off time pleasure. If in worse, some of corruptive 

shade may exist ranging from the unpaid events of extravagant feast or gatherings and 

through a sexual brokerage prearranged by the interested private attorney, local potent or 

businessmen. Their interest may be unlawfully or unethically promoted against the proper 

administration of justice and professional rule of conduct required of public prosecutors. In 

the worst, some of prosecution officers may have a connection with the local gangsters to 

gather information, to subsidize a financial support, or to be engaged in more intimacy to a 

specific locale or potentials of crime network. Other factors in this kind of ethical issue are in 

need of consideration which is important to understand Mr. Chae’s objective and subjective 

responsibilities as well as the context of Cooper’s paradigm (Cooper, T., 2012).  

 First, Chae was not the only officer to resign during his statutory term of two years, 

but twelfth in roll from a total of 18 since 1988. The statutory term was introduced to ensure 

an independence of KPO, a quasi-judicial institution, against the abuse or dereliction from the 

political power (Maccallum, G.C., 1993). Hence, the president or ministry of justice should 



19 

 

be restricted in dismissing a CPO at their will, but only statutory causes could justify it, 

which would be typical, of course and for example, a competence and health required to carry 

their duty, a level of crimes as provided by the law, and other basics. The bureaucratic line of 

authority was enshrined as a matter of public administration, but their intervention into any 

sensitive criminal cases of political nature was intended to be statutorily safeguarded by that 

very entitlement of mandatory terms. That was welcomed as one of wise institution by public 

in 1988, which was also grounded on the public trust about the separation of powers principle. 

Hence, Chae, like other predecessors, thought himself as a bulwark to defend an 

organizational identity or integrity and would like to maintain his good impression as a leader 

of KPO and as a courageous or impartial public prosecutor. 

 Second, the presidential election, last year, was tainted in the first half year of Lady 

President Park from the onslaughter of unlawful meddling into the election process. She was 

a candidate from Saenuri, a ruling party, and the major opposition party, Democrats, 

seriously contended that the National Intelligence Service (NIS) intervened unlawfully and 

manipulated impermissibly the public opinion through their grapevines. Of course, it is not 

only an ethical requirement, but also a legal issue that the NIS and their officers should 

remain neutral and independent from the public election (Laureate Education, Inc., 2008). 

The Democrats, still rallying in the public street by installing a camp for the months stay of 

Han-gil Kim, a head of that party, had initiated conducting a congressional hearing about 

some of NIS’ issues. This initiative was actively pursued in the agreement of both parties, but 

had effected practically nothing with some of face-hidden witnesses, and insipidity of 

inaction and non-cooperation. Their filibuster or cause to passivism might be good on some 

legal justification, say, the national security or other public reason as specified in the statute, 

but the opposition party would be discontented with their defensive or non-engagement 

attitude. In this chain of power struggle, the prosecution offices decided to indict Se-hoon 

Won, a head of NIS, invoking its legal ground from a sensitive criminal statute, i.e., violation 

of the public election laws. This implies, as a matter of tone and attitude, that the prosecution 

office will go their way as insulated from a political discretion, and that they would be 

faithful to their job responsibility.  

 Chae, thus, undoubtedly suffered from an ethical dilemma across many competing 

values and moralities (Cooper, T., 2012). As the issue is highly cardinal for the national 

integration as a matter of politics, he may waive a strict enforcement of law and apply some 

of acumen to avoid a couterpressure from its direct application of law. As the issue involves a 

petit offense as a matter of law, this option would surge very strongly in the course of ethical 

deliberation on his subject responsibility. The challenge to the legitimacy of president would 

bring a serious consequence while the application of laws matter at lesser extent about some 

amount of fines or its equivalent. He may hover around other alternatives, which include an 

invocation of other available criminal provisions, or some of inter-branch measure on the 

collaboration and cooperation. For example, the education and learning session about non-

engagement principle in political matters and bureaucratic ethics could be used to 

circumscribe an usurpation of NIS and Blue House political elites (Hicks, D., 2013). He or 

other concerned group to cherish the rule of law concept within KPO may initiate a 

legislative workforce to restructure the inter- branch control and more effective system to 

operate ethically and lawfully as well as for a sheer preserve of bureaucracy independent 

from any swaying political influence. A scope of alternatives come to play, and could offer 

the ground of justification as a CPO in terms of subjective responsibility. This inner process 

is necessary and might later be called upon to respond to the congressional hearing or 

investigative context of process (Cooper, T., 2012). On the other hand, there are also a range 



20 

 

of factors involved in terms of objective responsibility and ethics as a CPO. Is the law applied 

correctly and could be sustained by the court? This is purely a technical issue of law, and 

centers at the heart of this organization’s cause to exist. What is the legislator’s intent to 

secure his term of two years in a statutory way? Are we entirely barred from any political 

discretion to keep neutral between the politically contending parties. Then the line of 

authority from the president, justice minister and through a CPO in ranks requires what extent 

of concession or compromise? How do the public laws on governmental employees, 

organizing and enabling statute of administration, the Act on KPO, and others interplay to 

guide his decision and course of conduct to handle this difficult ethical issue, i.e., more 

discretion v. strict enforcement of law. 

 Third, the factors would become intertwined that may produce an amalgam of 

professional administrators which a lay person may not be easy, but leveled to be likely a 

neutral mechanic through the course of his decision and leadership action (2012). He rose to 

the top of KPO, but was reserved from the last administration led by President, Lee, M.B. He 

was not chosen by the Lady President, but his nomination was endorsed with the support and 

acclaim about his trustworthy career profile. He had been publicly introduced as a respected 

figure within the organization that the young generation of prosecutors admires as a paragon 

of their professionalism. The event has developed in a pattern for one sense, and 

unexpectedly in other sense. While a backdrop is not certain, but on the basis of public 

conjecture, a political group at the center and NIS may leak his private matters on the public 

media. Now he has turned to be a kind of scapegoat about his wedlock child and the quality 

of controversy involves an ethically faltering dimension from the normal compassion and 

traditional morality of Koreans (Laureate Education, Inc., 2008). He is a promising public 

employee who has been responsible to administer the national justice. The profession is 

viewed as a sanctity and generally of high level of ethics and moral standard despite being 

not compatible with that of clergy or priest. He is also considered mightier in power with 

other citizens that his impious and nasty behavior could well undermine his public impression 

and imagery of organization, say, KPO. He was unethical and the point exacerbated about 

some of influence and corruption from his mightier status. As a matter of course in the 

business of public media, reporters and editors are exalted to divulge this allegation based on 

the rumor in some cases and independent research on other cases. It suffices definitely to 

provoke the curiosity of public and the course seems certain to condemn the Chae’s case. He 

was pushed back to the corner and may be on groggy to become naught with nothing left 

(Hicks, D., 2013). He may highly wish to keep his good image on career and work profile, 

and likely detests the possibility to remain a gutless brass for his organization. The specters of 

Korea may approach to subject him to the kind of ordeal how you confront this dilemma. 

Inside his mind and on the standard of ethical code, his promenade in agony and exploration 

through the jumble of complicacies span extensively on the point of alternatives and 

consequences or prospects from his decision and course of conduct as in Cooper’s 

generalization (Cooper, T., 2012).  

 The problem is serious in nature if to question and deprave fundamentally the basis 

of his morality and ethics as a public administrator. His alternatives, henceforth, may shrink 

to the simple option of whether or not he would resign and pomp his courage or a neutral and 

impartial carriage of job responsibility in his personal honor. On this front, he would not be 

best, however, if he simply decides to resign. That is principally because he has already 

responded by discrediting an accusation of wedlock child. Other important reason is that he 

would do better to maintain his current status and defend the statutory term. His instant 

reaction to resign would grow a more suspicion and distrust of public about the KPO. His 



21 

 

many predecessors, had to quit during his term, and this may lead him to sustain his position 

as the modality of organizational heads. He actually dropped this option, and began to defend 

his case through a media coverage. He later vowed to file the civil action on the claims of 

invasion of privacy or defamation. The press media counteracted to pressure by mentioning a 

gene test and other medical ways to prove his purity. In this progress, a moment of critical 

measure was rendered by his direct higher authority, justice minister Hwang that the 

department of justice will respond by processing the internal audit and investigation on the 

integrity and ethics of employees. His measure is grounded on the pertinent public laws about 

a supervision and command, but historically undocumented to initiate since the quasi-judicial 

role, i.e., criminal investigation and prosecution, has to be institutionally separated from the 

policy reason of KPO independence. KPO is generally responsible for the KMOJ, but a final 

say on the outcome of specific criminal case is institutionally a prerogative of KPO not to be 

meddled by the minister. His measure, in any way, was legitimate as a supervisory action, but 

might be acknowledged in other perception, which would be from young prosecutors about 

its impact as a pressure. They counteracted to investigate the minister Hwang, but the 

president and minister repeatedly confirmed that the matter is just the class of public 

employee’s ethics and sanctity required by the law (2012). Their intention is never to tame or 

control the independent authority of KPO, which should be on the conscience and law. This 

phase to any final process eventually led Chae to announce his resignation, but the president 

refused to accept it until the internal process of audit and investigation completed.  

 

     The Ethical Decision Making Model and Chae’s Case 
 

 This case shows a typical pattern of ethical dilemma involving a proper function 

among the intergovernmental organizations, independence of justice administration, and 

political influence. The Cooper’s ethical decision- making model stages in steps and feedback, 

which enables an extended scope of review and assessment for the respective ethical issue 

(Cooper, T., 2012). The idea involves a design approach, and the administrators, as C. 

Whitbeck proposed, can figure out what to do to deal with the ethical dilemma, as distinct 

from a normal attitude of merely making a judgment (2012). In application of the Cooper’s 

framework, we may have some of summaries on his respective element. 

 

Figure. Ethical Decision Making Model (Coopers) 

 



22 

 

 

 
 

 

      

 

  

 

 

 

Table. Application to the Chae’s Dilemma 

  

1.  
2.                            Perception of an Ethical Problem 

Perception of an 

Ethical Problem 

Defining the 

Ethical Issue 

Describing the 

Situation 



23 

 

3.  
4. (a) rich odor of ethical corruption and infidelity on the basic social morality (improper 

relationship with a madam and wedlock child (b) political instability from the former 

administration, Noh and congressional hearing on the NIS, legitimacy controversy about the 

last presidential election and the NIS’s unethical support and alleged plot to intervene (c) 

criminal case and KPO’s unbent decision (d) suspicious leakage of private information and 

public controversy (e) announcement to respond with the civil action, KMOJ’s reaction to 

process the internal audit and investigation, resignation and pending context to continue by 

not accepting it (f) typical public issue of Korean judiciary and quasi-judiciary for its 

independence and proper administration of justice, De Ja Vue of many Chae’s predecessors 

to quit intermittently.  

5.   
6.                          Defining the Ethical Issue 
7.  
8. (a) Is it ethical and the ways of responsible administrator that Chae decided to apply the 

election laws in the indictment of NIS head, Won? How would it be working if he applied 

other available provision for the perhaps bigger cause of political stability? (b) Did he act 

properly and ethically that he stayed to maintain his office once the allegation stirred the 

public and raised a public distrust? (c) Is it proper and ethical to instantly respond with the 

public announcement of KMOJ to process the internal audit and investigation?  

 

            Identifying Alternatives & Projecting Probable Consequences 

 

On the first issue, we may consider several alternatives-indicting as the law dictates, applying 

an acumen and political sense by avoiding an application of election laws. On the second 

issue, (a) it may be better to resign instantly if the suspicion has a strong ground and for its 

severity in the breach of ethical code; (b) he did well to stay since it is a kind of plot and must 

be subjugated by the public consensus about the traditional ways of leakage and public 

menace; (c) he did well to stay since his predecessors often happened to resign consecutively, 

which undermined the legislative purpose of statutory term and seriously tainted a public 

impression of KPO (Maccallum, G.C., 1993); (d) he did well to stay since his career and 

profile are high and merit to preserve from his followers. On the third issue, (a) he did well to 

announce his resignation instantly because KPO has to be insulated from the authority of 

KMOJ; (b) he did well to announce his resignation instantly because weeks of media 

coverage are enough to forge an awareness of the nature of controversy and KMOJ’s 

involvement made it firm about the public sensibility of political influence; (c) he did well to 

resign instantly since the public damage and debase had grossly aggravated from weeks of 

media coverage on this depraved unethical incident; (d) he should have continued on his job 

responsibility since he should respect the measure of higher authority and until his measure 

was completed; (e) he should have continued on his job responsibility since he initially 

avowed he did not have an improper relationship and the child is not his wedlock baby. 

 

                Selecting an Alternative & A State of Resolution 
 

      I consider his decision and course of action about the controversy and ethical 

dilemma would get better off provided if he instructed the public prosecutor in charge to act 

on the principles and law, but to defer a criminal prosecution on the statutory basis and also 

on the exculpatory clause because Won had been one of top bureaucrats, and contributed 



24 

 

much to the national interest, and because the offense was committed not by direct 

engagement in the alleged crime, but merely in the context of improper or lagged supervision 

(1993). In this line of thought, he also may consider a political instability if continued on the 

election laws.  

 

 The conduct to counter a grapevine nature of disclosure and stay on his office seem 

proper given the context had been chronicled in the Korean society. This option could also be 

supported if it is fairly probable for the NIS or political core to intervene. If he plainly gets 

off his sacred job duty by resignation, it means that Koreans have no final resort to ensure 

their national justice and KPO’s cause to exist was highly damaged.  

 

 He should have stayed even if KMOJ announced the process about an internal 

control. His instant reaction to announce a resignation evoked the public feel about his 

credibility and trust on his previous statement of innocence. He may see it cardinal or as a 

first priority to bar any exterior pressure or influence of KMOJ against KPO, but it is 

considered not to contradict the statutory mandate provided that KMOJ took a process to 

respond with the public turmoil arising from this surprising issue (1993). An organizational 

supervision about the integrity and ethics of public employees may be seen in a different light 

from the preservation of independent authority concerning the quasi-judicial function. Then 

the final outcome could be resolved by a gene test or findings of judiciary. The problem 

would arise from any continued media coverage, which cost a misleading and unnecessary 

consumption of public energy and time as a gossip or extended damage to the KPO’s 

reputation and honor of public prosecutors. Ways to eliminate this problem might be strived, 

for example, a faithful inducement to limit its coverage on public reason or others, and it 

could effect although not completely settled. That would be a proper expense to yield the best 

outcome in this serious circumstance. Then we have some improvements from the 

traditionally undesirable practices, a quandary of intermittent discontinuance of the KPO’s 

head, an unfounded allegation against the public figure, cult or myth on the KPO’s role, and 

public distrust or disinterest from any of manipulative or defrauded event. The alternative 

may restore an institutional interplay on the basis of law and statutes, public trust, and could 

enhance the right to know and serve in ways more than others.         

 

         Reference 

Cooper, T. (2012). The Responsible Administrator. San Francisco, CA: John Wiley & Sons. 

  Hicks, D. (2013). Dignity: Its Essential Role in Resolving Conflict,  

       New Haven, CT: Yale University Press. 

Laureate Education, Inc. (2008). Ethics and social justice, “Ethical Decision-Making” with 

Amanda Baker (approximately 12 minutes). 

Maccallum, G.C. (1993). Legislative Intent/Essays Madison. WI: University of Wisconsin 

Press. 

                 

  



25 

 

V. Differences and Similarities among the Human Rights 

                             Civil or Political Rights in the Comparative Viewpoint 

  In a major classification, we have two groups of human rights which include civil or 

political rights and social rights. The civil or political rights are classic and an antedated 

group of rights which often are considered foundational through the democratic governance 

and modern constitutionalism. The attributes of these rights, among others, are (i) their 

competing virtue against a monarchy or dictatorship, (ii) principally driven to limit the 

governmental power (iii) negative rights from the abuse of governmental power (iv) to serve 

the new wealthier class of society (v) to champion the human dignity, autonomy and 

democratic virtues. Hence, the typology of this first generation of human rights actually has 

led the world political history to transform the feudal mode of rule to the modern form of 

Republicanism and democracy. The scope of rights are typical as we often encounter through 

the modern constitutions and international norms, which span over a writ system against the 

personhood, freedom of expression, and free exercise of religion, freedom to travel, economic 

freedom including the sanctity of property right and freedom of contract, equal protection of 

laws, right to privacy, and others (Stanford Encyclopedia of Philosophy: Human Rights, 

2013). These rights are typically placed in the bill of rights, notably in the State of Virginia 

and US constitution. A principled spirit enshrined in this set of rights are eminently 

pronounced in the preamble of US constitution or other classic declaration with such 

beautiful words, like inalienable, inviolable, god-bestowed, and etc. They projected the 

concept of classic liberty interest and often are considered to include the strands of natural 

rights.   

The rights in this group actually worked as a revolutionary thesis that should be 

achieved, and had been incorporated into the liberal constitutionalism. They are constitutional 

rights which deserve a special status as a matter of law. Plainly, they could not be repealed or 

negated by a mere majority of Congress or state legislature. A weightier process of 

constitutional amendment only could modify or abolish the ideas and requirements. In an in-

depth theory, some of modern constitutional scholars argue that the fundamental liberty 

interest and human dignity could not be derogated even by the constitutional amendment 

(Hicks, D., 2013). They are the ground in most probabilities to conduct the constitutional 

review against a suspicious act or statute. Therefore, it has a root nexus with the idea of 

higher law or hierarchy tenet across a type of norms in order, constitution, statute or treaty, 

and executive orders. The federal system complicated this structure from the federal laws 

down through the state laws and in ranks across a type of norms. Practically, the judiciary had 

performed much role to protect the civil or political rights, nonetheless, it is a prevailing view 

across the jurisdictions that the rights in this kind are a guideline for all three branches of 

government to act and comply with. They could only entertain their power and authority 

under the sanctity of these human rights (2013). The concept, in this stand point of view, 

would relate with the separation of powers principle and tenet of limited government.  

 The rights are enforceable as a technical matter of law concretely in the courtroom 

while the social rights are merely declarative or the kind of policy package the nation has to 

endeavor on programs or as a vision (Stanford Encyclopedia of Philosophy: Human Rights, 

2013). The rights are not goal-like one nor any moral standard, but can well be framed as a 

cause of action in a specific litigation. We often experience news stories which arise from the 



26 

 

human rights controversy. For example, the accused in the criminal proceedings may argue 

on a validity of death penalty statute on the ground of Eighth Amendment. White male 

students may argue on a violation of admission policy practiced in the public university 

provided if the policy infringes with his constitutional right of equal protection of laws by an 

unreasonable and affirmative treatment for minority groups.  

 They share similarities that they are rights of public law. This means that the holders 

of these rights could claim against the state or federal government, and in theory or principle, 

could not intervene into the interpersonal affairs. This attribute may be revised in a social 

perception as we see in the state action theory. For the civil or political rights, we now 

consider that potential violators should not be confined to the government or public entity, 

but can, in a limited ambit and under the legal coherence in scheme, expand to some of 

powerful private enterprises or other organizations. For example, a discriminatory policy in 

the large shopping malls may impact on the society in the similar extent of influence. Then 

the shopping malls may properly be viewed, in the purpose of constitutional application, as 

something like the state in their function or activities. This constructive logic, then, enables 

that the human rights can be applied to the private entities. Of course, the social rights would 

be less friendly with the concept of application extension as a matter of nature.  

                                          Social Rights in the Comparative Viewpoint 

 Other group of human rights would be called social rights, which possess the nature and 

quality as distinct from the first generation of civil or political rights. The paradigm would 

have a different basis where each concept respectively corresponds with the liberal staticism 

and social welfarism. The social rights would differ in notion and attributes, which are (i) 

positive rights to claim an intervention and social programming of government (ii) cherishing 

a more focus on the social justice than a liberty interest, (iii) of collective and social nature 

for the common prosperity (iv) principally driven to expand the governmental roles (v) to 

serve a socially vulnerable class such as the working class, consumers, and post-modern 

context of individual realities. The class of rights would spread from the right to labor, 

humanly labor standard, right to the collective action, right to the basic education, right to the 

pleasant environment or decent housing, etc.  

In view of its practical operation, one illustration would serve as charted from the news paper 

stories. An issue of the child or prison labor would rise to the global attention. It is concerned 

of the labor standard, and hence entails a social right controversy. It also comes into play as 

one of international constitutionalism while the underdeveloped countries often perpetrate the 

kind of inhumane violation. As T. Talbott stated, however, we may see the issue likely as 

some of structuralist perspective and turn it within a possibly distinct context of compassion, 

culture, economic capacity of nation, and etc (2013). Therefore, an argument would be 

unwise if to compel a universal standard of labor as enforced by the developed countries. The 

problem also relates with the international trade issue which involves the WTO and ILO. The 

social rights have emerged to restore from a fundamental injustice and gross disparity which 

a laisez faire system of capitalist economy had brought in the 20
th

 century. Therefore, we 

often call them as a second generation of human rights which is in contrast with an 18-19
th

 

prevalence on the civil or political rights. The idea of social rights was officially recognized 

in the adoption of 1949 Bonn constitution, and many new born states after two world wars 

have imported that way of dealings in shaping their national framework. It later developed in 



27 

 

the context of international constitutionalism in the leadership and initiative of United 

Nations. So we have two significant achievements to encompass both sphere of human rights, 

what are known the Universal Declaration of Human Rights (United Nations, 1948b) and 

International Convention on Economic, Cultural and Social Rights (United Nations, 1966). A 

constitutional status of social rights would differ in US, so that they had not been entitled to 

the place of written constitution and pursued in the leverage of US Congress and Executive 

(Maccallum, G.C., 1993). Notably, new deal programs ambitiously elaborated to rescue the 

national economy and promote social rights were framed within the series of federal statute. 

Some critiques would also raise a suspicion about its status as a right since they could not be 

claimed in the courtroom. Other reason to question its status lies in the tremendous expense 

and financial burden that make them at least be programmatic or package of idealistic state 

vision. A counter argument would point the similarities of both groups on this point as we see 

a positive aspect of state engagement in instituting a criminal justice system, costly public 

measure to ensure a liberty interest, and so.  

                                        A Summary of Comparison 

             From a foregoing brief on two groups of rights, we can illuminate a summary in 

view of the similarities and differences. 

             First, it is similar that they concern human rights the standard of which centralizes on 

the concept of human dignity. Therefore, they are dynamic and evolutionary to respond with 

various factors, to say few, a political concept of society, circumstances and intellectual 

leverage of society (Donnelly, J., 2013). Therefore, the human rights student needs to see its 

attribute of dynamism and static aspect across the global jurisdictions. As a representative 

example in this concern, it is noteworthy that the constitution explicitly provides a concept of 

“unenumerated” rights. The rights set forth in the constitution are just illustrative that the 

policy makers can exercise their wisdom to define each specific human right. The right to 

privacy has had no language in the constitutional text, but a product of judicial wisdom. The 

right to die, right to know, and many others had been shaped and endorsed on this ground by 

the pertinent authority.  

             Second, both enjoy a constitutional status except for few cases that could not be 

tarnished from the normal political power. In reverse, the governmental power is required to 

respect the spirit and command arising from the human rights purpose. A universal and 

regional covenant also confirms its status as fundamental and essential although the 

enforcement context would come meeker unlike the national dealings.  

             Third, the idea of human rights presupposes a political community, and generally 

corresponds with then prevailing political virtue. Our dualism of human rights classification 

corroborates with this assumption. A liberal capitalism and social welfarism had driven to 

realize the two groups of human rights. 

             Fourth, as a matter of definition and practical operation of those rights, there could 

we note a plethora of differences as described above. 

    Reference 

http://www.un.org/rights/50/decla.htm
http://www.amazon.com/Jack-Donnelly/e/B001HD40K0/ref=ntt_athr_dp_pel_1


28 

 

Donnelly, J. (2013). Universal Human Rights in Theory and Practice.  Ithaca, NY: Cornell 

University Press. 

Hicks, D. (2013).Dignity: Its Essential Role in Resolving Conflict. New Haven, CT: Yale 

University Press.  

Hunt, L. (2008). Inventing Human Rights: A History. New York/London: W.W. Norton & 

Company.   

Maccallum, G.C. (1993). Legislative Intent/Essays. Madison, WI: University of Wisconsin 

Press. 

 Stanford Encyclopedia of Philosophy: Human Rights. Retrieved Sep. 20, 2013 from 

http://plato.stanford.edu/entries/rights-human/. 

  

http://www.amazon.com/Jack-Donnelly/e/B001HD40K0/ref=ntt_athr_dp_pel_1
http://plato.stanford.edu/entries/rights-human/


29 

 

VI. The Attributes and Quality of Human Right 

      Human Rights in the Preview  

 What are human rights? How do we conceive them? We often hear of human rights 

and their social consequence in various aspect and levels, but we may become less definite 

what the words precisely denote. Someone may say the human rights are the kind of list in 

the bill of rights pronounced in the Constitution. Others may illustrate a political control or 

suppression against the free speech or press in China or North Korea. They, however, often 

have lacked an awareness if the African states’ children are starved and deprived of some of 

minimal standard to human livings. They also would become less attended that the middle 

Asian states have a unique culture to abridge the equal right of different sexes for the very 

reason that they have a religious justification for a different treatment. In the yardstick of 

western human rights group, their standard or practices would be inconceivable. In this 

impasse, a legal pluralism would probably be only way to understand their social dynamism. 

Therefore, the concept of human rights would have no clear cut to define in the aim of 

universal comprehension, but would be circumstantial and depends on the purpose of users. 

This leads to six or more families which are considered to describe the concept in most of 

influence through the history or political diversities (Hunt, L., 2008; Stanford Encyclopedia 

of Philosophy: Human Rights, 2013). Asked to give a summary form of definition, the human 

right is the scope of desired status of humans or some groups to be protected legally or by 

ways of the high extent of social force which often is deemed fundamental and essential to get 

along in any of human dignity. As they are fundamental and essential, they are high-priority 

norms as M. Cranston stated (2013). In this definition, we can derive attributes to entitle the 

concept as something of human rights. 

   A Right: Human Rights as Static 

 First, it is the right, not any of moral command or religious adherence to worship, 

which is viewed fundamental and essential (2013). Hence, the concept is presumed that the 

entitlement of human rights enable to claim the holders to pursue a legal protection, and 

through the vehicle of special institution. The ways to ensure them as a right may vary to 

cover a legislative enactment, judicial decision, or custom, but eventually leading to being 

part of the actual human moralities (Maccallum, G.C. , 1993). The statutory rights, in this 

ambit, are not human rights since they are neither fundamental nor essential. The right to tort 

damages, claims in many types of civil action, or administrative relief of industries against 

the foreign dumping practices would not be covered on this ground in view of the human 

rights concept. The human rights, therefore, often involve the kind of sensibilities found in 

the words, like sublime, idealistic, inviolable, or inalienable as we recourse the vintage of 

classic notion. The preamble of US constitution, the article 10
th

 of Korean constitution, 

Declaration of Universal Rights in 18
th

 France, and many new born constitutions in the 20
th

 

century confirmed this approach utilizing the dealings as the heart of national administration. 

Since it is the right as a conceptual dealing, we need to investigate how they are realized in 

any of specific ways to enforce. Now most of nations have instituted the constitutional 

proceedings to review a violation of human rights by way of statutory provision like in Korea 

and Germany and by the case law as in US. In the United States, Marbury v. Madison 

pioneered to legitimate a constitutional review of the federal or state laws under the “case or 

controversy” requirement.  



30 

 

 It is the right to protect an individual, but the group may be triggered as in the human 

rights consideration. For example, females would come into play concerning the domestic 

violence, reproductive choice, and trafficking of women and girls for sex work, assistance 

and care during pregnancy and childbearing, custody issues in the case of children, and the 

loss of historic territories by indigenous peoples (Stanford Encyclopedia of Philosophy: 

Human Rights, 2013). 

   Emergence as a Protesting Concept 

 The constitutions as a matter of concern often rise in the context of national politics. 

The classic idea enshrined in the human rights is quite protesting in nature against the power 

of monarchy or from the fear of mob dictatorship. The constitutional drafters of US notably 

went that way that they saw the institution of human rights herald their first priority. It is 

rebellious idea and virtue to question the dominant governmental power. Therefore, the 

human rights concept is crucially intertwined with the assumption of higher law, national 

constitutionalism, political democracy and presupposes some of political community. Then it 

may be connoted in the purview of justified political morality and to identify a preexisting 

moral consensus. The concept of international constitutionalism had surfaced at the moment 

of UN inauguration and bitter reflection of the past two world wars. In our characteristics as a 

right, the international constitutionalism would not be tight unlike the domestic context of 

constitutional review, but we can witness notable achievements about civil or political rights 

and economic, cultural and social rights (2013). The regional organizations, Africa, Europe, 

and South America, also have been proactive in this area of concern (2013).Their extent of 

engagement would not be ensured by the judicial enforcement or concrete decree, but they 

are empowered to monitor, propose, and recommend. One cause for the action of UN security 

council, which would be a unique organ to enforce the mission of UN by a compulsory 

measure, arises from the violation of human rights. In this point of view, the international 

constitutionalism is not merely a paper tiger but could be supported by sanction or other 

forcible means. 

 Human rights, as said, emerged as the ethos of protest against the abuse of 

governmental power. They had been, in the history and tradition, achieved in a revolutionary 

way and conceded in complicity with the higher law concept as advocated by the ancient 

common law lawyers, Sir. Coke and Blackstone (Hunt, L., 2008). Two notable incidents are 

the French and American revolution against then monarchy and exploitation. A British 

progress undertook a modest nature of evolution centering at the parliamentary system. A 

comparative view also shows this distinction that the Great Britain still has no written 

constitution besides the human right statutes while France respected the universal declaration 

of human rights as their essence of constitution. Other critical event as a protestant ethos of 

human rights perhaps would be the foundation of new world regime by inaugurating UN. An 

intolerable abuse of human rights in the two world wars and depraving cruelty, inhumane 

debase of human dignity drove to envisage some of international constitutionalism (Hicks, D., 

2013). UN made several steps to realize that errand as mentioned above in terms of two 

classes of human rights respectively in 1948 and 1966. Therefore, the emergence of human 

rights often involves a shame status of politics and basic human dignity. They could be 

viewed in aspects not to be transhistorical, but minimal, or at least modest standards as Henry 

Shue pointed out (Stanford Encyclopedia of Philosophy: Human Rights, 2013). They usually 

do not include a splendor of policy package, but could well tilt on the metaphor, for example, 

“how this can be tolerated as in the case of recent Syria?” 



31 

 

  Static, but Dynamic into an Extension of Application and Scope 

 Since it conceptually differs from the moral or religious command, the nature of right 

deserves more points of review about its legal status. The human rights are a public law 

concept which deals with the state and an individual. How to circumscribe the scope of 

individuals in terms of the entitlements or privileges also comes as a matter of constitutional 

interpretation. Is it to denote “people” as in the case of 18
th

 French declaration or “US citizen” 

encoded in many provisions of US Constitution? Are foreigners a beneficiary of 

constitutional shield in the issue of equal protection of laws? Korean constitutional court 

takes a view in general purview that the right to public office or election is limited to the 

Korean citizens. That is not the case when they face with an infringement of foreigners’ 

privacy right. The concept, then, is deemed a pillar to support the rule of law ideals against 

the abuse of state power. If the US Constitution has the nature of dual sovereignty between 

the federal and state governments, who is the addressee of constitutional dictate to protect the 

human rights also arises as a constitutional issue. The first ten illustration of bill of rights 

triggered the federal government, however, it could not reach the ambit of state sphere. This 

lacking, as we know, contributes to the contentious split of nation in the mid of 19
th

 century, 

and caused the civil war. The thirteenth and fourteenth amendments, and others were 

designed to cure this flaw that the mandate prescribed in these amendments was made 

imposed on the state power. By way of incorporation, the due process requirements, say, the 

privileges and immunities clause, could not be interfered by the state government. The 

contemporary problems about the constitution and human rights extend our deliberation on its 

nature. It contains, as we plainly encounter, many of sublime ideals to merit the extension 

possibilities as a guide or in a principled way (Reichert, E., 2011). In prolegomenon through 

its current status, it must be public and limited to react against the abuse of governmental 

power. Hence, they are not ordinary moral norms applying mainly to interpersonal conduct. 

 On the other hand, the social evolution and increase of economic capacity allowed a 

new assessment or perspective how the constitutional affords could be received. It actually 

provides the moral standards which possess a universal appeal (2011; Donnelly, J., 2013). 

Furthermore, the classic liberalist view to check and balance as well as to limit the 

governmental power does not exactly fit within the contemporary passion. We often no 

longer need to be thrilled at any of tyranny or dictatorship unlike the circumstances of 

mightier Kings or revolutionary contingency. The practical problems had shown its extension 

of application that the private nature of contract might be invalidated from the human rights 

consideration. For example, is the private contract void if it includes a discriminatory clause 

against the minority? If answered no, how the response would change provided that the 

contract was enforced in the lower court, and appealed to the superior court? In the latter, the 

context may transform into a public matter since the lower court enforced such 

discriminatory contract for the black people. The court now can find an avenue to apply the 

constitution. Of course the ways or extent of discrimination should be weighed in given that it 

is private nature of relationship and submissive to the party autonomy. The case actually 

debated in the courtroom included a shocking arrangement to disable an access to some of 

residential zoning entirely by the rental agreement. In multiple factors of consideration, the 

courts now find a violation of human rights within the private sphere by applying the state 

action theory. This implies that the contemporary constitutions may be the kind of moral 

document in a limited context, allowing to meddle into some of private dealings beyond the 

rule of law concept. Therefore, it exists as moral and/or legal rights conceptually. On this 



32 

 

strand, it is interesting to see T. Pogge’s view that we can generate individual duties from 

human rights (Stanford Encyclopedia of Philosophy: Human Rights, 2013). 

   Dynamism in a Conceptual Understanding  

The initial phase of human rights henceforth evolved in progress to address the 

circumstantial needs and shape a new understanding of this concept. This means that it is 

dynamic to interact with the wake of history (Donnelly, J., 2013). Its quest to place it as the 

supreme status of national attention came from the bottom line, but had been conceded with 

the democratic rule in interplay and development. The government now accepted it as a first 

priority to respond that the negative cognizance of human rights turned to underlie the state 

duty to protect. Now the tone, “the government should not interfere with the freedom of 

individual,” changed that “the government has a constitutional duty to design and implement 

an adequate institution or policy to prevent the crimes.” The constitutional document would 

less be for a check and balance scheme, but could be a positive ground that the public 

administrators may recourse to base their policy choice or implementation. In this context, 

the human rights are not static that can be invoked only in the case of infringement or in the 

purpose to remedy the evils or harms. Given the passive quality of judiciary, however, this 

aspect of dynamism would range in a limited ambit that only can be addressed by the political 

branches, the US Congress or Executive (Maccallum, G.C., 1993). The separation of powers 

principle then factors circumscribing the span of constitutional dynamism. The court has no 

authority and resources to command positively to realize the constitutional virtues. The 

aspect of dynamism, as said and not perfect though, would differ if the court strives to 

connect a nexus in the purpose to apply the constitutional mandates to the powerful private 

entities. In the state action theory, the court tends on the modest stance in progressivism 

while it comes restrictively if the issue goes to the structure and function of government.

 The concept should be dynamic in its very aspect of human dignity (Hicks, D., 2013). 

The notion generally depends on the circumstances and status of society. A desired status of 

human condition would not be the same as centuries ago although the extent is not on a 

speedier turns like decades or years. A rapid transformation of society from the technological 

advancement, notably on the aspect of informative society, may shorten its turns. In any case, 

the desired human status may be conceptualized in responding to the evolution of society. 

This context can be evidenced from the generations of human right, i.e., first generation, 

second generation, and third generation. The waves of this new formulation may correspond 

with the political history, say, feudal, liberal paradigm of industrialization, and post-modern 

context of our livings. The feudal governance and social structure incur a serious injustice for 

the rising class. Their quest to restructure the system was collected into the bill of rights 

which reflected the fair share of new wealthier class. They then quested to freely express their 

idea, freely assemble to organize their political voice, and to be ensured of the property right 

and freedom of contract as well as personal liberty against the unlawful search and seizure, 

and so on. The second generation of human rights purported to react against the wrongs or 

social dilemma from the liberal capitalism. Now the human dignity became only to be 

restored by ways of social right concept (Hicks, D., 2013; Reichert, E., 2011). The right to 

labor, mandatory labor standard, right to the social benefit, and the kind of collective 

response were deemed ways to ensure the desired status of human condition. A predominant 

scope of them would cover the economic justice. The third generation of human rights 

advanced to ensure a decent living or human condition in this complex and challenging 

society. Then the class of rights requires a recognition and awareness as well as constitutional 

protection, which encompasses the right to decent housing, right to education, and right to the 



33 

 

pleasant environment, and others. On this point of dynamism involving the human rights 

concept, we also can note the attitude of concept and current practices, which span over the 

concern of human rights inflation, God-given natural rights, specific and problem-oriented 

ways of approach, feasibility to administer, too little or too much of international documents 

on human rights (Stanford Encyclopedia of Philosophy: Human Rights, 2013).  

         A Concluding Remark : State Administration and Social Progress  

  I may, in addition, deliver two points which concern a dynamic nature of human 

rights or constitutionalism. As T. Talbott expounded, the human rights issue would be fairly 

nationalistic, and reflects a specific culture or compassion that entails the kind of structural 

issues as less susceptible of any universalistic generalization (2013). This idea has a root 

ground from the ancient thoughts and primordial intuition of communal primacy. This view is 

less done on the ages of enlightenment or human attributes that can be shared, which may go 

extreme to betray. The logic and argument, however, have strengths in the practical aspect. 

For example, the developing status of national economy may lead to a different level of 

human decency or the non-intervention policy as a matter of international politics may find 

their theoretical ground from his proposition. It also can be more adaptive to the concept of 

state sovereignty rather than the international commitments of human rights. This view also 

offers an easy way to account for the public emergency which threatens the life of the nation. 

The second point is why a plethora of contemporary constitutions have a written commitment 

about the second or third generation of human rights. The critiques argue that the scope of 

those human rights would not be enforced as a matter of legal right. This constitutional policy 

of direct incorporation would vitiate our understanding as a right. It is merely prescriptive to 

expose a vision or ideals that the state pursues, hence, is not a right in the strict sense. This 

goal-like dealings would blur the notion of human rights. This perspective, however, relates 

with the concept that human rights are negative rights, but it would be wiser to consider that 

the first generation also requires a positive engagement, i.e., creating an effective system of 

criminal law and property rights (2013). The US constitution would not be subject to this 

criticism, but it vastly matter with other progenies of contemporary global jurisdictions. 

 The critiques also argue that they incur too much expensive cost to realize and their 

constitutional status is dubious, particularly for the non-enforceability. We may agree on this 

criticism as a public policy student, and probably find that the financial burden of poor 

government come at first. One idea could elicit the cause of this constitutional policy that the 

classic human rights also face with any same dilemma since the rights, as said, also can be 

afforded a constitutional protection by incurring costly institutions. Then there would be no 

explicit reason not to declare those rights as fundamental or essential. 

      Reference 

Donnelly, J. (2013). Universal Human Rights In Theory and Practice, Ithaca, NY: Cornell  

University Press.  

Hicks, D. (2013). Dignity: Its Essential Role in Resolving Conflict, New Haven, CT: Yale    

     University Press. 

                                                     

  



34 

 

VII. A Human Rights Violation and Workplace 

  Introduction 

 The public employees, as we learn, have a duty to respect the human rights in the 

course of execution of their position power. The kind of dealings to respond with the human 

rights violation may involve a court proceeding where the context would be posed and 

resolved in some more stricture of legal terms. The officers of government other than the 

judiciary, nonetheless, would shape their conscience and position ethics in the adherence of 

constitutional mandate. The congressmen would be specifically phased out in Article One, 

and their ambit as well as course of work demand, organization and other key features would 

be delegated by the Constitution. The president is prescribed, in a direct way of constitutional 

provision, “he or she is obliged to faithfully execute the laws and…” This mandate, as a 

matter of logic and line hierarchy of Executive, would be pertinent to a scope of Executive 

officers. Public organizations other than the government may not be immediated to the 

constitutional mandate, however, we can see high chances to be regulated by the Constitution, 

as we see in the cases of affirmative action embroiling the public universities and public 

bidding. Other private organizations also may not be complacent with their status out of the 

force of constitutional vision. The reason would be that the state action theory may apply to 

defame their business reputation and can incur a loss from the damages or others. This 

awareness, in other aspect, conforms with the ethics of business, entrepreneurship, and social 

justice. It would be desired from the concept of state action theory that scholar practitioners 

would bring the social change (Laureate Education, Inc, 2013).   

                                   Three of the Prison Mistreatment                        

 I like to brief on three cases of human rights abuse in the workplace, and present 

some thought in the assumption that I was charged with the job responsibility at matter. 

 The cases involve a prison setting in which the prisoners are treated unduly in 

violation of human rights. Korea, in the ethos and passion from a Paris initiative, instituted 

the National Human Rights Council (NHRC), whose role and power of institution would be 

similar, in its nature and extent, to HRC of UN (Universal Declaration of Human Rights, 

2013). It collects the events of human rights violation, reviews their profile, advises on a 

correction and alternatives, publish the case books as well as comment and opinion. The 

human rights violation about the prisoners are serious that reported 35 percents of the whole 

complaints filed within NHRC (Mun-Wha Daily, 2013). This accounts for one case among 

the whole of three in math, which deserves a nickname of prison, a “worst devil” about the 

human-rights public moral. One prisoner, aged around his twenties, was appalled at the 

sudden demand of body examination when he was escorted to the prison upon a completion 

of criminal interrogatory in the prosecution offices. The prison officers told that it is an 

internal regulation to conduct a physical examination when the prisoners came back 

from  outside. He ordered to take off a prison uniform in the public place where other 

persons are present. Mr. Kim pleaded that the process could be enforced in other confidential 

place, but was rejected (2013). So he was compelled to expose his body as undressed entirely 

in the public vision, which includes female prisoners. The context of process imposes an 

extent of personal shame and debase of human dignity, which caused to file a complaint. 

Other prisoner, who was aged around forties and now released from the prison, experienced a 



35 

 

cruel measure from his altercation with the inmates. The prison authority ordered a 

handcuffed status of two hands, his upper body being tightened in ropes, and eventually was 

delivered into a solitary room (2013).  This violent measure incurred an aftermath of 

hospitalization from the callous wrists and fingers. Another prisoner, who was in his forties, 

was served an inhumane and cruel decision that his petition to an adequate medical care for 

his chronic illness of bone disk was denied. He suffered from a serious pain and was disabled 

to walk nor move. The medical assessment that he should be afforded a systemic treatment 

for one year failed to effect.  

 According to the statistics published by NHRC, the prison context of human 

violation is a most popular cause to bring a petition. Among 56,415 reported in the section of 

public institutions, the prison explains 35.3%, 19,932 in number which is most notorious. The 

police and its supplementary facilities came second in rank that 12,038 cases were reported 

(2013). The third in row is a public mass camp for the homeless and social protection 

services (9,071) and the fourth in other unclassed categories of government (5,630). In the 

last year of 2012, 1,737 cases were reported to claim an intra-prison human violation while 

the number never reduced this year. One officer of NHRC commented, “The reason for an 

abundance of human rights violation in this facility would lie in the nature of institution as 

well as constant monitor as well as on-site activities by the NHRC” (2013).  

                                    Assessment and My Viewpoint 

 The human rights abuse within the prison exhibits a good point of consideration 

about the role of public officers and concept of public value. This is because that the nature of 

public administration requires pursuing a public utility in the sacrifice of private or personal 

interest. This focus would well be churned in Bentham’s philosophical works extensively 

(Postema, G. J., 2006). His episode about the dilemma arising from a highwayman and 

housebreaker shows a hard-reconciled tension as well as pleasure and pain, which are a 

primal point his thesis begin with. His wry wit can well be understood if the public service is 

deserving of the kind of sinister persons. It is an irony, however, that the public 

administrators are required to execute their role and responsibility for these vile people and in 

conformity with the liaison or network concept as arranged to administer the maximization of 

happiness (2006). It leads to a free riding injustice, the concept of which can also apply to the 

contemporary cases. For example, we consider a more due framework about the extent and 

scope of intellectual property in the international plane. The developed countries argue on a 

more extent of legal protection while the underdeveloped ones countered. The sense and 

concept of justice differ that the developed countries impute a free riding accusation for their 

opposites. 

 In the precept of Cicero, the rulers and public administrators seek a justice, which 

could only lead to a human solidarity (2006). The state of human solidarity also can only be 

procured in the event that the private and personal interests coincide with the universal 

interest according to the Bentham’s calculation. This interplay would be only an avenue that 

the humans can find a pleasant public life provided if they are any political or social animal. 

It controls and determines the pleasure and pain, and may influence a final state of happiness 

as we pursue in the context of definite human goals.  



36 

 

 That said, we consider a prisoner’s predicament and our personal state based on the 

fact brief as disposed above. Some may get instantly conflagrated to elevate the standard of 

prison regulation. The others may see the treatments deserving since he or she is a sinister 

actor in contradiction to the overwhelming public cause. The four elements, as envisioned by 

Bentham and composing the universal interest, would not contravene this view, which are a 

“maximization of subsistence, abundance, security, and equality” (2006). Their status as a 

prisoner would well be responded with his “fallback principle,” such that the standard would 

be lowered to suffice four elements (2006). It satisfies the condition that an equality and 

security would be ensured among the prisoners themselves. Their claim to seek the same 

status as his law abiding neighbors on those four would come never merited. The points of 

focus in these cases could be posited in the light of “centre of gravity” argument. The 

interests to be weighed in involve a sensitive area of personal privacy or right to the basic 

health and humanly living within the controlled context of prison administration. They might 

be intervened with less a persuasive reason or deprived implementation not carefully 

designed about the abuse on human rights interest. The physical examination could be 

delivered in a confidential area or in decency without costing much. The handcuffed status, 

particularly on both hands, and upper body in ropes, would make a prisoner appear like the 

beast immediately captured and delivered into a public shelter. The confinement into a 

solitary room might be sufficient to prevent any post violence problems. It also can be put to 

improvement if the prison authority respected the health petition more generously.   

                                               Reference 

 Laureate Education, Inc (2013). Ethics and Social Justice 

"Human Rights: Applications" with Amanda Baker (approximately 8 minutes). 

  

Mun-Wha Daily, Sep. 24 2103, p. 10. Seoul, Korea. 

 

Postema, G. J. (2006). Interests, universal and particular: Bentham's utilitarian theory of 

value. Utilitas, 18(2), 109-133. 

 

Universal Declaration of Human Rights.Retrieved Oct.1, 2013 from 

http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf. 

 

   

  

http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf


37 

 

VIII. The Utilitarian Theory and Human Rights Violation 

       Introduction    

 The primal strand in the public utility or utilitarianism recourses the human elements, 

in which many theories, tenet, and polity would undertake as a niche of intellectual 

persuasion and account. For Bentham, the pleasure and pain are a destination and point of 

shipment to project his extended concern and philosophical dialectics (Postema, G. J., 2006). 

His discourse and systemic contention to explain and forefront an inchoate liberalistic society, 

later highly influenced the work of Mills in terms of political moralities and political 

sociology. Both are generally considered most profound authorities to marshal intellectually 

the ethics and public virtue of English speaking concept which had been developed and 

adapted by the elaboration of Rawls in the twenty century. A revolutionary ethos and 

turbulence actually dismantled an injustice from Ancien Regime, but the practical 

consequence had to suffer from the emergence of Napoleonic contingencies in Europe and 

interstate contention or incongruence leading to the civil war in US. New philosophical wave 

has been received as inviolable or inalienable, however, how it could be practically achieved 

posed a challenge to the scholars and public authority. In view of Cicero’s precept, a human 

solidarity, an equivalent of justice for the rulers, could only be settled on “societas et 

communicatio utilitatum,” the community or public utility in modern words (2006). This 

concept would be compatible that the humans are a living creature within the community and 

only could possibly exist in that context. That said, the human elements now turn to have a 

meaning in the context of interplay with the community and public. Humans can only be 

solid in the eyes of such strong Rome and its state theorist within this concept of justice, and 

their true interests can be negotiated or delivered. In the Napoleonic errand, the public 

administration has been made rather solid when a modern major genre of national codes was 

erected and applied in France and the conquered lands, i.e., civil, criminal, two procedurals to 

serve the substantive rights and duties, as well as administrative law. It is a notable 

achievement to substantiate the new wave of bourgeois public or democratic virtue. 

Nonetheless, his background and ways of militaristic imagery had confused his mission to be 

politically interrupted. His contribution to advance the democratic concepts is assessed 

positively from the historians. Particularly, his vision and realization of new public virtue into 

five major national codes are now followed by both of major legal traditions notwithstanding 

the common and civil law distinction. While the constitution was not declared in an 

independent scheme, the universal declaration of human rights serves that purpose and more 

classic or deemed fundamental given no nomenclature to dress it up as a constitution. The 

new continent began their public administration on the basis of federal constitution, but the 

federal power was contested in the initial phase. The scope of federal administration would 

expand and be adjusted to serve the public value and humanly government or public 

administration. As we note, the commerce clause and contract clause as well as the necessary 

and proper clause offer the ground to deliberate both standing concerns.  

  A Survey of Basic Tenets on the Utilitarian Theory 

 As a pioneering engineer for modern public administration, Bentham’s concern 

should rise involving the concept of universal interest (2006). What is universalism? It, as a 

matter of nature, takes the ways to keep on the logic, tone and metaphor from the kind of 

fundamentalism, rationalism, and idealism. In order to be universal, it has to be reasonable 

and also should be idealistic to possess the quality as a universal appeal. It also could serve if 



38 

 

to ground on some of fundamental dealings that the mankind could commonly share.  Then, 

he would be a good student who borrowed the concept and theory from David Hume or 

German idealists. His moralities argument had suffered from multifaceted challenges on the 

civilian quest for the personal or private interest, which should well be expected from the 

aftermath of civil revolution. This context can be evidenced from his words, “the world now 

is fleeting and rare,… insanity” (2006). He also explored the context of international politics 

in his book titled “Constitutional code,” and exposed a sentiment in his critique of Spanish 

colonialism, “Typically one’s recognition of this commonality produces a sense of solidarity : 

by this very community of interest is produced a community of sympathy” (2006).  

 Hume’s influence, as from “Enquiry concerning the Principles of Morals,” would be 

a necessary condition to develop his humanistic public philosophy, but not a sufficient 

condition leading to his tremendous contribution for the modern substance of post-

revolutionary administration. As we consider, his view also influenced the Weberian concept 

of practical capitalism and bureaucratic practice while the work of M. Weber, as we see in the 

ethics of bureaucracy, explored an extended scope of factors, which cover the social custom, 

religion, compassion and tradition beyond a raison or principles (Murphy, A., 1998). In any 

case, the perception of Bentham would be more urgent and immediate to bridge the rising 

quest of civilians and dilemma of how to shape a political sociology or political moralities. 

Therefore, his nexus comes forward with the communal consequentialism and may develop 

into the compositionalism as the kind of end state that the public administrators envisage. The 

social welfarism and individual welfarism may correspond practically with his basic 

exposition between the universal and private or personal interest. He has some aspect of 

distinction between the private and personal interest, and his narrative massively relied on the 

scale of interest given his errand on the public good or utility (Postema, G. J., 2006). So the 

personal interest may come more trifling than the private interest while both are merged or 

adjusted to the grand scale of universal interest. He saw that an individual happiness can only 

turn legitimate or possible to coincide with the universal interest. This ideal comes rather 

authoritatively and as structured between the public and private dualism (Audard, C., 1999). 

First, he waived much of contemporary understanding about the role of education. Rousseau 

and other European thinkers focused on the importance of education and could be 

corroborated from the work of John Dewey, one of eminent public thinkers from the United 

States. Second, he also overlooked the potential civil power particularly within the traditional 

operation of civil laws. His book dealing with the civil code discourse connoted implicit 

difficulties along with the civil justice on economy and personal status. While we consider an 

importance of these strands in this contemporary public administration, this may bring his 

work on a formalistic philosophy, but it is undeniable to proffer a vertebrate organism of it 

(Murphy, A., 1998). 

 Then his dilemma may revolve about the fundamental confrontation between the 

equality and utility (Postema, G. J., 2006). Everybody would claim an equality to be static in 

view of the post-revolutionary imperative. It poses challenges in leading a social or economic 

reproduction. Nobody would do more, which means just a sacrifice to labor or submit to the 

public service. It merely would be a heroic sacrifice that Bentham saw a kind of worst or 

trifling scenario. The equal liberty or equal happiness in the Bentham’s word, other than 

equality, would engineer their motive to labor given the new capitalistic economy. For 

example, the equality, which might be graced from the Christianity under the God, now 

turned on the new political and economic arrangement. They now can claim the property 

rights and freedom of contract. This emancipated a bourgeois class, however, should be 



39 

 

reconciled from the constant tension between the public and private interests. His alternative 

to deliver this tension comes from the concept of utility or public utility. His analysis draws 

on the basics of us so as to realize a happiness, which he also perceived as a sovereign master 

of human motivation and behavior. Therefore, his dealings may culminate in Chrestomathia, 

which churned on the ideal of public welfare (2006). His junction also could not be 

compromised in any plain version with the kind of ideas, monarchy or oligarchy since it, in 

normal conditions, contradicts his ideal of greatest number of happiness. His adherence with 

the happiness conception never is an abstract nature, but could be substantiated with his 

words, “greatest equal happiness” (2006). In order to find a proper principle to achieve this 

end, he has not neglected to deal with the problem, such as identification of interests, genus et 

differentam, the centre of gravity, and etc. His philosophical disposition on these points are 

fairly echoing for the modern public administrators. We often consider that a superior public 

official is competent to identify the conflict of interest involved in the specific public agenda 

or sensitive issue. They also need to possess a talent and concern about the genesis and 

differences involved in the object, challenges, issues, projects, and public programs. 

 Then his frame of argument turns again on the tenet between the universal and 

particular interest in the Book of Fallacies, which he perceived as challenges against his 

concept of public value, what he called a sinister sacrifice or interest. He saw a constant 

tension and implacable hostility, and an individual only could maximize his sum of happiness 

to conform his private or personal interest to the universal one. He, however, degraded the 

heroic sacrifice since it results in yielding all the instrumentality of felicity and even the life 

itself (2006). He saw it mere altruism which is neither welcomed nor in comport with his 

tenet on the sacrifice to the universal interest. His adherence to sacrifice for the universal 

interest is called upon the premise that the individual has a share in cause of sacrifice and has 

a genuine basis on the individual ground or human attributes, such as felicity or pleasure, and 

others. Therefore, he cherished an individual aspect while he stressed on the public cause or 

reason. This way of approach reflects then dominant assumption on the life, who was 

endowed of the right to pursue a happiness in the preamble of US constitution. The idea also 

endorses the role and extent of dominance of civil society between the “subject many” and 

“ruling few” as well as their protestant ethics or conviction on the revolutionary spirit. An 

individual, now in a new framework of politics, is the person to be motivated in their interests, 

which would be prurient or commercial. He was shrewd to look at this aspect, so that he 

never overlooked the genesis of human or individual. His idea is fairly liberal and democratic, 

as we see in Kamikaze in the Second World war. The incident, of course, was militaristic and 

serves the totalitarian cause of imperial Japan. Therefore, the concept of “compensation” 

arose to bridge the civil interests and public authority. Kamikaze had no basis of individual 

interest who was pushed forward to sacrifice their lives. Bentham also staggered critically 

about the aristocracies which he would be reluctant to endorse on his theme of public value. 

The politicians, landed aristocracy, clergymen, and legal elites were no longer the main of 

social or economic reproduction, who were idle and predatory (2006). The oligarchy or well 

structured classic society was seen largely failed to correctly reflect the social justice which 

came contrary to maximize the greatest number of happiness. In perversion, his illustration 

involving a highwayman and housebreaker shows the context of social injustice and well 

provoked a free ride’s calculation. He hardly found any point of public utility for this group, 

which would be yielded for normal citizens from the public service, such as national defense 

or policing. In this case, the fallback principle, a close concept of specified justice, could be 

applied to ensure a maximum happiness. 

   Three Cases of the Human Rights Violation 



40 

 

In the application work of Bentham’s tenet, I like to illustrate three examples of 

human rights violation in the purpose of ranking them on the basis of maximum public utility. 

That might not be less accurate in a strict terminology of human rights violation, but was 

drawn in the close context (Universal Declaration of Human Rights, 2013). In the militaristic 

nature of Korean government during the early of 1980’s, Jong-cheol Park, who was a college 

student at that time, was tortured to death, and stirred the public sensibilities and antipathetic 

reaction. The government, at that time, was of hard nature to control and overwhelm the civil 

society. Korea was then one of underdeveloped countries, and the environment of 

dictatorship could be fertile. There had been a scope of public cause for the central control 

and tightened context of rule, for example, development of the national economy and 

assurance of the social welfare and justice, national security from the aggression of North 

Korea, and so (Laureate Education Inc., 2003). The incident involved an outrageous conduct 

of government, specifically the police branch of anti-communist team. Mr. Park was just a 

suspect, who was allegedly engaged in the public demonstration to restore the democracy of 

nation and legitimacy of government. The atmosphere of society was well tamed and 

structured, though questioned seriously on the ground of its legitimacy, under the ideals of 

national stride both in economy and national prestige in the international community. A 

limited scope of students in vigil and civil monitors occasionally mobilized a public 

campaign and street demonstration to react against the undemocratic practice of government. 

The opposing politicians might have a link with the progressive group of society including 

the college students. The incident led to the national controversy, and its consequence was 

serious with the series of protest and picketing in the public streets, and public rally of mass 

people. The initial response of government was ironic and bought a public outrage that the 

fact was fabricated. They alleged no torture, such as water boarding, electronic stick, nor 

application of irresistible physical force from several of torture technicians. This allegation 

actually proved false from the testimony of one conscientious clergyman, and all the truths 

were revealed with the aid of public media and civil activists (2003). This incident, which 

occurred in 1987, conflagrated a public cause of June march of Korean citizen, and led to the 

consequence adopting a direct election of president. The constitutional reform was realized to 

restore the separation of powers principle, five years term of presidency, endorsement of 

privacy right, and others. Most importantly, a superficial method to elect the president in the 

stadium by an highly dependent electoral body, which, however, represented the national 

cause monopolized by the ruling party and practically governed by it, was replaced so as to 

ask a direct will of nationals. The concept might be formalistically similar to the electoral 

college system of US, but the practical operation would come closer to the communist mode 

of secret election. 

One other example would rise from the present context of Korean politics. Lady 

President Park once promised to design a national welfare system for the aged people. His 

promise contains the policy that the people over 60 in age would be entitled to 200 US dollars 

on an annual basis unconditionally. It would be idealistic, and serves a universal interest in 

the Bentham’s calculation (Universal Declaration of Human Rights, 2013). It now became 

floated away in the face of tough national treasury. Her administration may well buy a public 

antipathy since the promise was made during the presidential election and should be kept. 

The reaction could also be organized in the opportunity of opposing party, and still contended 

in the National Assembly. This year’s budget will likely face a stiff response in the end of 

this fiscal year, and may have high chances as usually charted with such physical 

confrontation in the floor. A physical confrontation and violence is practically an equivalent 

of phillie buster in Korea. The nature of issue comes ironical as similar to the US case, named 



41 

 

“Obama healthcare.” The direction would be perverted, however, that Korean government, in 

this case, initiated to reduce the welfare benefit. Lady President presented a public apology 

for her breach of promise, but her action would be supported by concerned intellectuals and 

professional policy makers. That is because the government frankly would mislead the public 

if to keep her promise. The debt of government became tremendous and her promise requires 

an excessive budget without any economic impact to breed the national economy. A 

disappointment of social minds and ill consequence on the deprived class, however, would be 

obvious. 

The last example would be a Mr’ Chae’s ethical violation and its consequence, which 

has covered months of media coverage, his retirement, and intervention of supervisory body, 

say, the Minister of Justice and President. As a chief prosecution officer, he was accused of 

his wedlock baby while he may consider himself as one of scapegoat cases. He may have 

been disgruntled with the attitude of public media, or personally apprehended with any of 

political plot against the carriage of his official responsibility. He may esteem himself as to 

lead the KPO impartially and had a belief of sanctity on the institution’s quasi-judicial quality 

of public power. He would like to execute a statutory term as the kind of modality unlike his 

predecessors. He also may deplore an invasion of privacy as a lawyer, and may now have an 

awareness about the serious consequence from the leakage of private information. He also 

would consider his status as a public figure and may weigh in factors to be in pertinence. He 

actually resigned yesterday, and held a public memorial to honor his retirement. His plan is to 

withdraw a civil action, yet to keep on his promise about the gene test. However, it is dubious 

whether it could be realized since the consent of biological mother should be acquired.  

  A Possible Rank of Three Cases in View of the Utilitarian Theory 

Three examples described above would involve the human rights violation. In the 

first case, we can note a serious nature of human right violation patterned through history 

(2013). The torture is just the point of focus that the modern civil movement triggered to 

abolish. It relates with the fundamental civic virtue to ensure against, and has duplicated as a 

constitutional mandate across the scope of global jurisdictions. The third example also elicits 

the kind of confrontation between the liberty interest and public cause. The privacy right is 

classic, but comes into a legal province rather belatedly in the new frame of modern virtue. 

The second example involves the human right to any entitlement of social benefit or 

privileges. In the purview of Bentham’s, we hardly rank them in any order concerning 

“pleasure and pain,” the greatest number of happiness, equal happiness, and maximization of 

public utility (Postema, G. J., 2006). That is particularly because his idea was never intended 

on any math or quantification. This is not to say that the quantitative analysis should drop or 

comes meaningless. It could base well in force to persuade on the policy strengths or urgency 

to implement. However, I mean that it possesses a quality element as we see in his thesis, the 

“center of gravity” (2006). That aspect is important particularly because the policy makers 

often face with the issues and dilemma of multifaceted and complicated status. A social 

passion, tradition, administrative custom, prevailing concept of politics, morality, and many 

others beyond the economic factors of cost and benefit would come into play. Therefore, the 

intuition and instance also has some prongs to perceive the challenges and shape the policy 

response to address the harms or evils. That is particularly because the “pleasure and pain” as 

well as the concept of happiness as a measure of public utility are ultimate as we can share, 

yet not to be definite as a matter of quality. I am not sure how we can finely rank the above 

three. But I suppose that we may agree if it could be first, second, and third in order if we 



42 

 

exercise our intuition. His point about the centre of gravity would tell much to leave the last 

two behind. Bentham’s concept of universal interest also plays to make the first case more 

serious and safeguarded (2006). We may well conceive a fear and would fail if to let such 

practice to go in that way. Bentham’s four prongs of public value also corroborate that a 

security or maximization of subsistence would be fundamentally depraved in the first case as 

compared with the last two cases. An equality and abundance come to matter in all three 

cases, but come poised in the balanced consideration. For example, the equal liberty claimed 

by Mr. Chae would be legitimately traded off in the public interest. He is a public figure 

which is an enabling factor for some extent of public disclosure. The equal liberty claimed by 

the aged people of Korea would have a stronger profile than Mr. Chae’s case. However, that 

is also amenable to the discretion of government and other competing virtue of Korean 

Republic. The maximization of subsistence interest may rise in the second case, but it is 

dubious how much the policy can lead to the after-years lives in peace and affordable 

subsistence. Abundance also is a very difficult concept to weigh in any definite direction on 

our examples. Then we now apply his tenet of universal and private or personal interest 

where the individuals should comply with the former in the maximization of his happiness. If 

the human rights violation were to be resolved in other way, the private interest and universal 

interest would comport among another. On this test, the outcome would be similar that the 

first case only can ensure definitely to share both concepts of interest. In the second case, we 

see the universal virtue of social welfare, but could be well rivaled from other kind of public 

interest. The third case would go into a jumble of different values across the culture, social 

attitudes, legal theory, custom and intellectual divergences. Given the universal interest 

comes not in any clear context, the third case would be ranked in the last. 

                  A Concluding Remark 

 His idea is foundational in theory and tenet, and can persuade many challenges and 

issues to be resolved. His contribution would convert a youthful idealism into a practical 

ground with the weighty responsibilities of public organizations. Our lesson also lies in his 

view about the nature and function of public administration, for example, “liaison” uniting 

them and “public felicity.” He also recognized the hard nature of public cause or engagement 

in contrast between a “chain of iron” and “rope of sand” (2006). Although the private interest 

is only to be endorsed if to coincide with and share the universal interest, there often would 

be so a strong of private interest like the iron, and the public role would likely search a rope 

of sand. As we acquiesce in his dealings, “community of interest” and “community of 

sympathy” in the Spanish America or the concept of “alliance and partnership,” it might be a 

product of influence from the colonial experience, hence, international in quality, but also 

coincides with the national dilemma, for example, civil actions in the courtroom between 

“procedural and substantive.” How to design the civil procedure in the end of speedy, fair and 

impartial administration of justice would be a concern of public felicity, however, secondary 

and merely supportive to the serious contention about the property right or private interests. 

One example could be a former form of GATT, 1947 GATT, in the contemporary 

international politics, in which the GATT council was relegated as mere a “liaison office” 

without any decisional power. In any case, his idea is actually ambitious and persuasive to 

cultivate the public officers, as we agree on his four elements of public utility, i.e., 

maximization of subsistence, abundance, security, and equality (2006). This quality can 

immediately subordinate the right, a most enhanced form of private interest, serve the proper 

ends of government, and comport with the foundations of civil law, and are considered as 

constituents of universal interest. 



43 

 

    Reference 

Audard, C. (1999). Anthologie historique et critique de l'utilitarisme, tome 1 : Bentham et ses 

précurseurs (1711-1832). Paris: Presses Universitaires de France – PUF. 

Murphy, A. (1998). Reason, Reality, and Speculative Philosophy. Madison WI: University of 

Wisconsin Press (1996). 

Laureate Education Inc. (2003). Ethics and Social Justice  "Human Rights: Applications" 

with Amanda Baker (approximately 8 minutes). 

 

Postema, G. J. (2006). Interests, universal and particular: Bentham's utilitarian theory of 

value. Utilitas, 18(2), 109-133. 

 

Universal Declaration of Human Rights, Retrieved Oct. 3, 2013 from 

http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf. 

                              

  

http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf


44 

 

  IX. Equality and Distributive Justice 

Some Thoughts on the Concept of Equality 

The concept of equality is dressed in a different ethos and understanding in history 

and tenets. It certainly does not connote the kind of identity or nor cohere the objects in any 

identical finding. It is, therefore, a relational and social concept, which is directed to the 

human beings. A morality-based equality does not compel to treat the objects same, in 

general tense, but similar, and complete or absolute equality might be envisaged, but either 

practically hardly achievable or deemed undue to address the equality challenge. Hence we 

consider the general and specific context of justice which presumes the idea of distributive 

justice and can respond to an argument on equality. As a modern critique, R. Dworkin lodged 

his viewpoint of disagreements about the proposition of absolute equality (SEP: Equality, 

2013). He rather cast a competitive strand drawn from the value concept where the equality 

quest should be contested in a respective province of society. It is interesting given his 

scholarly pursuit as a legal philosopher. He is generally considered to bridge the common law 

tenet and ethos with explaining some of coherent uniformity and possibility of governance. 

As we are aware, an ultimate purpose of law underlies the liberty and equality within the 

subject. These concepts would be sublime and enjoy a sanctity that undertake, however, a 

scope of realistic challenges. Particularly, the pragmatic measure and perception from the 

common law lawyers like to substantiate them to expand the rule of law ideal in the hybrid or 

multifaceted layer of international structure of governance (West, C., 1989). In his framework, 

the concept of value rose to center in penetrating a new wave of demand in the international 

politics. The legal pluralism can also be projected in his ambit and law elements to enable the 

picture of ideals as we note in his treatise, titled the Empire of Law. So the value, in his thesis, 

plays leading us to a legal plutocracy and legal pluralism, which opens the eyesight to the 

realistic posture of our legal system. Then, his perception of equality would not be one of 

formalistic generalization, but enriched a scope of distributive justice to the emerging 

diversities via emancipation and post-colonial new republics on earth. In a most 

comprehensive context of equality moral could be encapsulated in the nomenclature of 

egalitarianism under which a tack of principles or specifics would be proposed, contended, 

argued, and debated.  

             In approaching the concept of equality, there are two ways in deals as a matter of 

intellectual strand, which would cover a descriptive equality and prescriptive one. This view 

was proposed in most extent by Oppenheim, and accounts for the realities of equality 

narrative (2013). The descriptive equality concerns the kind of story telling practically shed 

in our realities, which also could be afforded in an enhanced application in the tradition of 

common law jurisprudence and post-modern context of intellectual exposure. The ways of 

approach can lead to an inductive reasoning practiced on the attitudes of common law judge. 

They never mind to become a story teller to expose a lengthy fact about inequality or harms 

on injustice. Of course, their final destination would not be merely descriptive so that they 

analyze the facts to find a most proximate precedent to be applied. In rare cases, they 

undertake a solitary role to shape his or her own rule given that he fails to find a binding 

precedent. The context of judge-made law begins with the concern of descriptive equality to 

finally produce a forest of prescriptive equality. It may be compiled in order, as in the 

Restatement, to respond with the civil code and prescriptive justice or equality. The ways of 

approach would be quite opposite in essence concerning the civil law tradition, which, 



45 

 

nonetheless, sees an extent of convergence in the practical viewpoints. The prescriptive 

equality would come, in the first, as to the statutory requirements or provision. A deductive 

reasoning would be undertaken to apply the law to the facts presented. A phase in the 

intellectual deliberation, in any case, may often be resolved in tertium comparationis to allow 

a distinct preserve of jurisprudence as in other area of disciplines. This view can also expand 

to other disciplines that we often class them in the inductive and deductive formalities 

(Jeffreys-Jones, R., 2013). The sense and attitude about this point may pose a grand 

disagreement between the creationists and evolutionists in the past years. We may reflect on 

our intelligent strand as a public policy student, which would also be advisable given an 

increasing number of public laws, hence, in a form of statute, as well as needs to refer to the 

case law in dealing with the public agenda. 

              In consideration of the equality concept to be realized in public administration, we 

may deliberate on morality and justice in general and distributive justice in particular (SEP, 

2013). Actually the policy environments would be constituted from actions, persons, social 

institutions, and circumstances, which drives us on how to pillory certain inequalities. We 

may defer to an ethical individualism, but keep on his or her voluntary action and can allot 

the responsibilities, who would be a policy subject. In the course of weighing, we can learn 

the general and specific concept of equality as Rawls and Roe expounded. We may revert, in 

some cases, to the basic about the formal equality and presumption of equality. Within this 

province, we are required to treat like cases as like (2013; Aristotle, Nicomachean Ethics, V.3. 

1131a10-b15; Politics, III.9.1280 a8-15, III. 12. 1282b18-23). In view of moral equality, the 

humans or policy subject in the public administration should deserve a same dignity and 

respect as founded in the stoicism, new testamentary of Christianity and a scope of religious 

branches (also for example, Déclaration des droits de l h́omme et du citoyen of 1789). 

            The presumption of equality would be sustained in various rationale and scholarly 

propositions, i.e., relevant reasons approach by Williams, a conception of symmetry by 

Tugendhat, default option by Hinsch, and even for criticism of the presumption of equality 

(2013). Also one useful tenet involving the equality concern can serve the foundation of our 

governance structure from the ancient times through the present context. The idea is about a 

proportional equality as meditated by Aristotle. The concept then comes applied beyond the 

moral aspect of equality by dealing with a numerical and proportional dimension (2013: 

Aristotle, Nicomachean Ethics, 1130b-1132b; cf. Plato, Laws, VI.757b-c). Therefore, it turns 

to possess the quality of being incorporated as the political ground, a virtue of head count in 

the equal election and governance measure, involving the proportionality concept, so that it 

enables a hierarchy and inegalitarian treatment. The findings of justice come to be pluralistic, 

realistic, and circumstantial, but on proportionality principle about the leeway of policy 

measures on different treatment. Aristocrats, perfectionists, and meritocrats would rely 

dominantly on this concept of equality and may be seen adapted in the kind of value 

argument from Dworkin (2013).  

                                       A Case Review on the Equality Concern 

          Let me brief on the case of equality controversy arising from the context of WTO 

measure. A preferential treatment for the underdeveloped countries in terms of tariff was 

deemed a kind of substantial justice or positive liberty in the initiative of UNCTAD around 

1970’s. The rules and principles of WTO embedded a non-discrimination and liberalization 



46 

 

of trade, which governs the international trade regime. Hence the member states are owed to 

respect the fundamental principle which crystallized into the MFNT and National Treatment 

as provided within the scope of multilateral trade agreements. These principles ensure, for 

example, that the member states are required to levy a same rate of tariffs if the goods are of 

“identical product.” Hence, the concept of Aristotle, “treat the like case as like” was 

employed in the end of acquiring an equal justice. The concept of proportional equality also 

is assured that WTO, through its policy vehicle, monitors and controls the nation’s trade 

policy in advance, and provides a legal stability and predictability in some of hierarchy and 

governance structure. A numerical concept of equality also was incorporated by instituting a 

political consensus system generally on equal vote concerning the issues and agenda of WTO.  

           The threat to equality, then, would be obvious that the preferential treatment on tariffs 

violates the equality because of its nondiscriminatory imposition. Country A would be 

prejudiced about a different rate of tariff while Country B may benefit from such preferential 

treatment. Country C has to keep on her promise, say, a tariff concession, often effected in 

advance and as general to the whole of member states, toward or with Country A. However, a 

preferred status from the lower rate of tariff for Country B operates yielding an unfair 

outcome to decrease the expected share which should be entertained by A. A relational 

concept of equality would be obstructed, and obviates the requirement of MFNT.   

          The factors in this contradiction is notorious involving a popular contention between 

the underdeveloped group and developed countries. This dilemma also relates with the 

concept of positive liberty and substantial justice. We perhaps may share a same concern and 

ways of approach in the ontological argument about the first principle of justice and 

distributive one as found in Rawls. His conclusion to legitimate a justification of international 

aids or grants would hint on an attribute of contention underlying this dilemma. If we apply 

the value approach from Dworkin, the value could be endorsed in some cases, but may be 

rejected in other context. For example, the controversy about any due extent of legal 

protection covering the intellectual property among the two groups are notable that the value 

to guide a shape of legal dealings about the extent of protection can still be arguable on its 

merits. Then the general concept of equality now turns on a specific nature that a morality 

aspect of equality, often endeavored on the laissez faire concept of equal opportunity, would 

be recast involving factors, as said above, actions, persons, social institutions, and 

circumstances and so. The positive liberty, in some stronger ethos, rose as we see in the 

enabling provisions, that justifies an exemption of WTO obligations based on the statutory 

causes. The provision of General Exception would also indemnify the duties and obligations 

prescribed in the trade treaty. Here also was involved a political commission of UNCTAD, 

whose role is expected to support the underdeveloped economies. However, the attempt to 

institute a preferential system of tariffs on behalf of the underdeveloped countries initially 

failed to find a space in chapters of GATT. The way to recourse so as to pillory these 

inequalities could only be practicable through resolving the issue politically. A political 

nature of provision to deal with the exemption of duties and obligations is the Waiver clause, 

which can be granted by the weightier majority vote. This course actually was followed in the 

course of instituting the system, what we call GSP.  

                                            Some Cases on the Distributive Justice 



47 

 

Please let me outline several issues entailing some of dilemma in our intuition of 

justice or equality, which I have considered to reflect our realities in the contemporary 

society (West, C., 1989). 

First, the UN framework is interesting to operate, in major, within two dimensions 

between the General Assembly and Security Council. The former organ accommodates all 

member states as their constituent in dealing with the organizational responsibility. They, 

however, have no realistic power to decide on a coercive action or remedy unlike the 

National Congress. The UN Security Council would be a unique organ to impose a 

compulsory measure or sanction where we also have two types of member states between 

“permanent and non-permanent.” The permanent members of UN Security council are 

comprised of five major powers, and non-permanent ones would range at ten. The latter 

serves a two years term, and the permanent members have the power to veto where one 

dissent may null any possibilities of coercive measure for the international justice and against 

intolerable challenges. Given the equal right of state to her sovereignty in the international 

community, the non-member state may complain about their status, particularly if the state is 

economically powerful or maintains on international bearing as the kind of lead or influence.  

Second, the global economy, in this contemporary framework, requires the states to 

be interdependent among another, and virtually could not survive if in shutdown from the 

international trade regime. This leads to such a high number of WTO memberships, about 

over 150, and recently allows us to witness the entrance of Russia and China. The advent of 

this behemoth was achieved in 1995 through the valiant efforts of international policy makers 

and on extensive negotiation of so long a seven years, from what we call Uruguay Round. 

The scope of jurisdiction expanded and many intricacies to catalyze their public role and 

function were instituted. For its foundational vision, almost all of significant global states 

were incorporated that the component and attribute of member states would be highly 

incongruent. Some states may be unable to the dire needs of people, and the national system 

of economy may take a different path as we find in the Communist case. In this background, 

the contention in basic ways of approach is notable, what we often call the North and South 

issue. The southern states, located in the southern part of hemisphere, are populated by low 

income earners, hence, massively underdeveloped countries. That is posed as opposite for the 

northern states. They are nevertheless as tuned, in tons of proposition, with the liberalization 

ethos and framework, which WTO envisages as its ideals and coincides with the 

developmentalist claim on the “level playing field.”In the counter thesis, the less capable 

states may raise their position in favor of the more concretized concept of substantive 

equality. 

Third, the admission policy of public universities are expected to administer fairly 

based on the quality and his academic achievement. That is required given its nature of 

organization which would not be compared to the private universities. In some cases, we 

bubble on a gossip about lots of donation, esoteric or other exterior element involving the 

children of famous politicians or superrich, which allegedly factors an admission decision of 

the prestigious private universities. However, that is just the case for pass time. In the context 

of public universities, it could be disputed as a matter of law, what we are familiar with in the 

label of affirmative action. The context gives us a useful point when we think about the 

nature and essence of equality and social justice. It exposes a scope of elements in contention 

which are often raised as a focal point to deliberate. To say, the simple or complex equality, 



48 

 

equality for welfare, choice and responsibility, equality of result, equality of resources and 

functioning, and so on, which many scholars visited to consider.  

                    Principles of Equality, Resolution and Points of Thought 

Let us consider the first case through the thoughts. The libertarianism has a 

repercussion to claim its primate value from the right to original freedom, being largely 

critical about the social right and redistribution policy (SEP, 2013). The state entity is often 

considered to enjoy the kind of similar aspect on an individual, hence, inviolable nature of 

selfdom and right to equal treatment in the international norms. We hardly find whatsoever 

reason to any privileged status, in principle, for the class of nations. A realistic lesson and 

history may influence the shape and work role within the UN enabling the concept that even a 

political issue is not to be complacent with the simple equality (Jeffreys-Jones, R., 2013;West, 

C., 1989). The concept of complex equality may be of use to explain this exposure if the 

permanent members are viewed to possess the power of policing the international community. 

A historical contingency upon the bitter World War II also factored to create this power 

structure, so that the utilitarian concept of equality would less be pertinent to arrive at 

persuasive reasoning. That is because the theory presupposes an equal share in tenet to 

maximize the happiness of constituents. Japan and Germany, for example, however, would 

no longer be saturated given the elapse of long decades and their rise or emerging impression 

nowadays. The choice and responsibility argument may enlighten a ground for this 

contemporary structure. Since two nations voluntarily assumed to wage the war and incurred 

a breach of peace, they should be responsible to be excluded from the sensitive foundation of 

world politics. From the camp on equality of resources, the “veil of ignorance” works 

importantly to explain the distributive justice as in Rawls, so that the difference principle may 

find its dimension on justice (SEP, 2013). They are, therefore, innocent from an unjust 

consequence from the circumstances beyond his or her control. They are responsible, 

however, to the consequence grounded on his decision or action. The tenet came rather 

applied in the case of Dworkin or Sen where the former shed a more emphasis on “ambition-

sensitive” as a prelude to the Sen’s “equality of functioning” (2013). Both stressed on a 

human element and the life conditions more emphatically than the resources or economic 

elements. In this sense, we can note an “endowment-insensitive” plane that Dworkin has 

played to enable an equal intelligence, choice, decision, and value. He, then, would be more 

callous about the materialistic anonymity or capitalistic logic embedded on the autonomous 

or inhumane dynamism. His illustration, “hypothetical auction,” also implies his undertaking 

about the importance of human strands, which perhaps would be tuned most vividly with the 

choice of each individual. This way of thinking is less helpful in the first case given the 

realistic road of international politics would see the materialistic elements, such as the extent 

of nuclear capabilities and the national strengths dominantly from a materialistic quality on 

the basis (West, C., 1989).  

However, the creative economy and web-based business or industry, now in public 

attention, could be discussed intimately on his version of justice. Apple may have no 

manufacturing base or large facilities of factory. It earned a tremendous amount of dollars 

simply with some of high tech web network, which could well surprises the global public 

about its aggregate of corporation value in the stock market. We also occasioned, in the 

newspaper, a success story of information business, the function of which is distinctive from 

the traditional ways of business. Even the scholarly sector of business, say, contribution of 



49 

 

article to the journals, e-books and articles, and the mode of education and so, turns on the 

internet-based interplay. The equality of functioning, as Sen focused, needs to be adjusted by 

incorporating a technological advancement. For example, unincorporated limited liability 

entities (ULLC) are now to be a dominant form of internet-based business, which provokes 

our thought about the ethics, fiduciary duties of officers and directors, and possible misuse of 

business form as well as due regulation. What is an endowment in this case, in the sense of 

Dworkin, would perhaps be gotten in a different strand like the Apple’s case.  

The equality of resources concept can yield a very instant conclusion to support the 

current standard of WTO practices, and that would also be complemented with Rawls and 

Sen (SEP, 2103). How to boost the underdeveloped economies is a serious concern that we 

need to ponder through the delivery of trade justice in the international community. They 

may well be viewed to manage on the veil of ignorance and within the circumstances beyond 

their control. For example, they plainly would be frustrated with the level of high protection 

given the current standing of national science and the needs to draw any requisite knowledge 

or technology for their developmental paradigm. We perhaps would find no ways to accuse 

them of any control or choice on their behalf. The context also corroborates with the 

“equality of welfare,” though in some variations toward any “maximization of welfare” in the 

WTO commitment. A theme of WTO would likely be on the tons of welfare advocacies often 

available from the politicians. This attribute contributes to a special treatment of 

underdeveloped countries by exempting them from an instant institution and implementation 

of the western standard of legal protection for the intellectual property rights. They may be 

privileged by obtaining a legal counsel under the aid of WTO administration bureau and 

institutionally from the special proceeding requirements. This is because they are less 

competent to legally claim their interests and rights by formal proceedings. This status is also 

pertinent to the ambition-sensitive or functioning version from Dworkin and Sen (2013). In 

this aspect, the privileged group of states would be ambitious to play within the WTO system 

despite a less endowment and vulnerable capacities in disparity with their developed peers. 

That may be remedied from many provisions and practices instituted to procure the 

substantive justice and equality. 

I suppose that the third case has a distinctive element as notable against other two, 

say, the past wrong. The affirmative action designed and practiced in the US involves the 

concern and policy strand to cure the past wrong. Other justice theories most always trigger a 

progressive and future looking moral argument as in the equality of resources and functioning, 

ambition-sensitive equality as well as the equality of welfare. It poses, therefore, challenges 

about the equality and responsibility, perhaps pluralism and democracy or merits based 

approach. The affirmative action may serve a pluralism or democracy leading to the social 

congruence, but may damage some of merit based approaches often considered pivotal in the 

public education. That may relate with the equality of welfare in a distant picture, directly in 

some extent involving the affirmative action of public bidding, and rather constructively in 

the school admission policy cases. However, the countervailing argument based on the merit 

or quality of students is also strong. For example, they argue that a female would be assessed 

inferior to the male students in view of the learning and intellectual capabilities. Their 

message cast a suspicion of why only the black students are preferred in the admission 

decision. Part of countering argument may rely on the theme of curing the past wrong. It 

perhaps requires, however, undertaking a long journey to persuade from the different 

principle and veil of ignorance. We may be reluctant to endorse the factors beyond an 



50 

 

applicant control, and our usual criticism on the “brute-luck egalitarianism” can find a ground 

(2013). This generally pushed the court back from the generous stance by wavering on the 

case-by-case basis concerning its constitutionality.  

Reference 

  

Jeffreys-Jones, R. (2013). In Spies We Trust: The Story of Western Intelligence, New York, 

NY: Oxford University Press. 

 Stanford Encyclopedia of Philosophy: Equality (2013). Retrieved from 

http://plato.stanford.edu/entries/equality/. 

  West, C. (1989). The American Evasion of Philosophy: A Genealogy of Pragmatism 

(Wisconsin Project on American Writers). Madison, WI: University of Wisconsin Press. 

  

http://plato.stanford.edu/entries/equality/


51 

 

     X. On the Equity 

                            An Outskirt Highway and the Equity of Traffic Fare 

 Seoul is the capital city in Korea, and furnished an outskirt highway to round travel 

the city. The city officer recently announced that toll booths for the fare to use would be 

installed. In other words, use of highway now turns to be managed of the paid basis from free 

of charge system. The public now critically assess the nature of policy shift in square points 

of contention. One expert, Yong-hoon Park, who serves the Traffic Culture and National 

Campaign (TCNC), commented, it would be inextricable to change the system. In earlier 

years, the free of charge system would be effective and mutually beneficial. That is because a 

number of toll booths require an extended budgetary burden to install at all the lamp entrance 

places.  

 In this case, the equity interest would not be well served, but the feasibility and 

overall value on the public benefit would be traded off (Laureaute Education Inc., 2013; 

Cooper, T.L, 2012). It is, as we know, highly related with the regional transportation 

demands, and the situation changed rapidly to aggravate toward an intolerable inequity 

among the region. That is caused by the increase of use exploiting a free of charge system. 

Other challenge also thrills the policy makers that some specific cuts of entire highway is 

conspicuously congested with many cars, trucks and buses. This incurs the traffic flows in the 

problematic cut of area would be baffled at lower speed by two times. Then the Seoul citizens, 

who would be a major clientele in this issue, can ask, “Why was the change not implemented 

initially, but after ten years on the free of charge system?” The answer is that the fare 

collection management has been upgraded recently at the aid of technological provision. This 

enabled to lower an installation expense, and could be afforded an equal distribution of public 

service. One problem is still unresolved that the identification system of auto license number 

has not been 100 percent–proven quality. Therefore, the follow-up measure and efforts are 

necessary to verify the capacity of current identification instruments. Other chores to trouble 

a perfect implementation of new system would be the post-travel collection attached on the 

HIGHPASS exception. In this case, the collection rate is less, so that the course of collection 

management needs to be tightened and strictly enforced.  

               In terms of equity, the north and south division seems to incur a graver disparity. 

The above scenario only would pertain to the south division which the Korean Road and 

Highway Management (KRHM) is responsible for. As in cases, the equity in this Division 

may be improved. However, the north division, unlike the south, was launched in the 

responsibility of private enterprises, and the fare to travel has already doubled to the southern 

case. How do we evaluate this context of inequality between the north and south. The south 

division, as antedated to the North, was not privatized. However, due to the fiscal cliff, the 

north division took a different approach to increase the fare at 2.6 times higher. This disparity 

in the use of public service yields disgruntled clients and highly wavers the residents as 

depending on the financial problem. If the government is financially affordable, it could 

purchase the privatized section of highway, the north division. Then the problem may be 

lessened, but still pounding is it that it could not settle on the challenge of beneficiary’s rule. 

For the non-users, the inequity would be obvious about why the government appropriated the 

tax only for the class of highway users. Under the current status of issue, a most plausible 

alternative is that KRHM purchases the privatized north, but with some countervailing option 



52 

 

to complement a fiscal deficit. The precedent could say some that Korail once has the same 

fiscal dilemma, but that they could be aided by taking over the management of Inchon 

Airport Rails. The policy wisdom can solve to lower the fare of north (2013).  

        One other issue in terms of equity and social justice is that some highways had been 

replete of their basis of collection since the construction and maintenance expense was 

already recovered. They, nonetheless, continue to collect the fare. This problem also leads to 

think about the inequity among a various nature of clients. Some may reside in the area where 

the highways have a long history. Others may live to be adjacent with the newly built 

highway cut or section. This inequity, in nature, could hardly be addressed that the citizens of 

Inchon have no way to share tolerating. Some policy discretion could diversify the operation 

by building an underground road on the free of charge system. It can diminish an excessive 

use on the on-land highway which is a culprit of squeezing traffic congestion. A mere 

delivery of policy for the free of charge reform could not cure effectively the overall 

dissatisfaction of Inchon clients. Any imposing factor to the traffic users would be from the 

congestion more than a little higher fare to travel. In any case, this section in the coverage 

from Seoul through Incheon would bear the same way of solution that the management 

responsibility should be clarified and transferred to Inchon city (2012). 

                                            Between the Two types of Medical Service 

      One other public issue to be related with the equity concern in Korea has been discussed 

in the National Assembly. Eon-ju Lee, a congress woman from The Public Health Committee 

in NA, raised an issue about the inequity of the National Health Insurance between the 

Western mode hospitals and Eastern Methodist clinics. Korea has two types of health service 

which is official. That differs from the US and other western states. Probably, this dual 

system, which is sustained from the public education, tax and public insurance program, and 

others, would often be practiced within the Oriental states on earth. Mrs. Lee cast her critical 

viewpoint, “the public health insurance needs to be designed on the basis of medicare 

demand, scientific basis of health service, as coupled with the patient’s financial burden. Any 

most important standard to weigh the various factors of policy issue would be an equity. The 

Eastern Methodist health service now achieved an international standard of health science, 

and the national demand has increased steadily. The public education to breed its 

professionals often had been included in many universities along with the western mode 

medical college. Nonetheless, it is unreasonable to discriminate the types of health service in 

terms of the national health insurance program. Mrs. Lee illustrated the statistical data by 

pointing to some grossly limited ambit of national insurance policy. In Dec. 2009, the Eastern 

Methodist physical treatment was incorporated as the policy item of NHIP. Afterwards in the 

next four years, it turned to be a stalemate without any addition of policy item. This stalemate 

would be get worse if the initial scope was found to be limited about three sub-strands of 

policy item, not all of scope we often denote with the meaning of “physical therapy” The 

total amount of subsidies from the government is as less as 24.4 million dollars in 2011, and 

21.7 million dollars in 2010. 

            This passive nature of number shows the government has been unresponsive to the 

emerging demand of nationals for this type of health care. According to the statistic bureau of 

government, the satisfaction rate of nationals from this type ranges at 55.9%, which indicates 

some higher than the western type. Given this, she saw no reason if the scope of physical 



53 

 

therapy was limited in the insurance purpose, which would be contrary with a comprehensive 

recognition for its counterpart.  

            This flaw of system and an unequal treatment without the proper ground about 

classification would bring a discriminatory effect on the share of patrons within the health 

service. It also exhibits the harms to make a chilling effect against its universalization. The 

expansion of insurance scheme is now greatly demanded, according to her view, to increase 

the public incorporation of Eastern Methodist as well as equity among the different taste of 

nationals.     

                              Some Reflections on the Equity 

A promise of equity often is desired to restore the fundamental justice, hence, 

possesses a quality in subtle difference from the equality (2013). Most plainly, the common 

law system has two types of court division between the Court of Chancellor and ordinary 

court. The ordinary courts are responsible to administer a technical issue of law and often 

involve dealing with the issue as a matter of law. The whole concept of justice often can be 

graced from the Court of Chancellor as a matter of equity. The tradition of legal institution 

rooted in the equity court also could be found in the contemporary US laws, such as the 

specific performance, injunctive relief and so. The equity concept often requires a grand scale 

of wisdom, whose nature can be more salient in the public administration than in the 

administration of justice. For example, it appeals to the nature of humanity and social justice 

so that the jumble of difficult legal theories may be avoided. While the public administrators 

need to understand the law, the policy measure and its shaping would be creative to respond 

with the political and social challenges. This attribute can be seen as distinctive from the 

nature of judicial role. 

          Across the two cases imposed now in Korea, the clients of public service and other 

parties involved would be impacted to incur a possible loss from the inequity. The nature of 

issues was posited in the economic justice and equal access to the provision of public service. 

As we see in the doctrine of commercial speech concerning the first amendment issue, the 

issue would be dealt less serious when we approach in the shoes of judicial business. Unlike 

the library case of disabled, it does not entail any intrinsic of humans. Then the library case 

would be more amenable to the logic and metaphor in equality as we often encounter in the 

case laws (Kranich, N., 2007). The highway fare and different treatment of two types of 

health services, on the other hand, may be looked into from the road of equity quest. There 

would be a lesser of accurate rules and any common law justice, rather the public 

administrators can tackle the issue vastly from his professional inner mind process, which 

would be evaluative, analytical, politically and economically sensible, and socially agreeable, 

and also comprehensive beyond a specific rule of law (Cooper, T.L, 2012). Through the 

Chevron, the court developed this aspect notably in the label of “judicial deference” about the 

administrative actions.     

      An Equity Issue in Inchon Nam-Gu and Its Impact 

 Inchon Nam-Gu is the prescient that functions on the independent statute ground and 

as a local government. Mr. Park served as a major of city, who is responsible as an ultimate 

decision maker about the permit and license to construct. He recently revoked a 



54 

 

construction permit around the time when the Muslim temple was virtually completed and 

foresaw to lay a cornerstone. As the completion embarked and it had been progressed under 

the construction permit, this sudden and unforeseeable drastic measure surprised the public. 

The people suspect if the measure is arbitrary and abusive as well as in violation of the 

universal rights, such as free exercise of and equality among different religions (Laureate 

Education Inc., 2013). The Inchon Nam-Gu Branch of Civil Association claimed a full 

disclosure of administrative dealings including a background, motives and reason to reach 

the revocation conclusion. According to the source of branch, “the decision was rendered 

that one section of parking lot was not furnished as legally required to meet the permit 

change from the educational to the religious facilities.” However, the decision was 

impermissibly drastic and in contradiction of equity or common concept of justice, which 

forecloses any cure and correction. Nam-Gu, in the progress of construction, has affirmed 

the change of design and purpose of construction, which incurs a problem of public distrust 

concerning the city administration. This concept has been affirmed by the court and in 

theory of administration law in Korea that the government is precluded from the action, 

decision, or disposition as contrary to the established trust from those of past dealings. A 

public excuse announced by Nam-Gu elicited that the terminal measure of this kind often is 

purported to sanction or invoked in the exercise of disciplinary authority. This case has gone 

in the same context. The Branch raised its tone of criticism that the public administration 

has to keep a neutral and balanced concept of diverse interest groups and public. It is 

required as a matter of administrative ethics and to ensure a responsible administration 

(Cooper, T.L., 2012). Absent this prudence in the score of public issues and resolution, it is, 

as a matter of course, deemed illegitimate, usurped of power, unethical and irresponsible, as 

well as arbitrary against the equity and justice (Laureate Education Inc., 2013; Kranich, N. , 

2007; SEP Economics and Economic Justice, 2013). The Branch also elucidated that the 

Christian society petitioned with 50,000 signatures containing their resentment and 

opposition against the construction. This may work as a pressure and may present an 

implied and hostile circumstance leading ineluctably to reach this decision. Of course, the 

suspicion could well be based if this inequitable decision was to avoid a possible backlash 

from the Christian society. A political compromise in the coming election with a major 

religious group and as discriminatory of the minor one would factor this prejudice as well as 

the odd administrative decision. The Branch also heralded that the present decision would 

hardly be sustained. This is evidenced that the suit already was brought to the courtroom 

and the boycott of Asian Games is being considered seriously in reaction. It expressed 

gravely that the present decision would undermine a national honor in the international 

community in the face of Asian Games. Against the sprit and expectations from the Games, 

it may provoke a distrust or antipathy among the Asian countries. Finally, the Branch urged 

a reconsideration of this issue to restore the equity and free exercise of religion. An Equal 

treatment between the different religious group is expressly ordained in Korean constitution, 

and history lets us to make sacred and sensitive to correct.  

 In any case, a narrow focus on one sphere only often may invite a contention, turfs, 

or public criticism. This means that the neglect on any one essence would pay a due price as 

we notice in many of public controversies. The case above introduced can be seen well in 

this context. Other point to merit our concern would be autonomous and self-serving 

tendencies of the large and bureaucratic structures. As Appleby suggests, when functioning 

properly the hierarchy is, the structure of responsibility would tell its axiomatic process of 

justice and equity (2012). That could, however, encounter a high chance of variance from 



55 

 

the challenges, the nature of complicacies in the agenda and issues, political wind, personal 

interests, and particularly moral mazes or callous routines. Other useful dualism in 

approaching an equity or ethical decision making would cover the deontological (duty-

oriented) and teleological (consequentialist) dimension in philosophy, and could facilitate 

the difficult technical strands or requirements in more principled resolution. This way of 

thinking also serves much to address the challenge of equity issue in the workplace (2013; 

2007). 

 An ethics issue involved in this case is serious to impact on the Korean people and 

Nam-Gu officials as briefed above. As the officer of local government is paid in wage as 

less than the private employees, their sense of honor and personal conviction as a fiduciary 

trustee are any principal factor to pull their vigor of service. His or her self-esteem would be 

affected to discourage their followership. They suspect if the decision could comport with 

societal expectations of the nation (2012). The Asian Games will be some Korean favorite 

in the process of years on its preparation, public sharing of progress, occurrence of events, 

and through the aftermath in economic benefit to the locale and international prestige 

conducive to the success. They could even be frustrated from the neighbor’s criticism and ill 

ways of dealing to invite an international controversy. The leadership of mayor also can be 

derogated by the suspicious and disloyal attitude of officers. The local autonomy and its 

constitutional subscription in chapter had long been debated since the nation is small in the 

scale and function and on a congruent basis in view of ethnicity and national history. The 

opposing views perceived that the restructuring of national administration in a dual 

dimension would unnecessarily burden the national budget and may operate as contrary to a 

fiscal soundness. These views had been held throughout the decades of militaristic 

government in 1970’s and 1980’s, but the democratic passion of nation has, in a tough 

assumption, endorsed it as one of constitutional mandate in the late 1980’s. This foundation 

may well be vitiated at this incident in the mind of officers and Korean people in general 

that the mayor lost a strategically paramount side of his policy decision. The Muslim people, 

who resided in Korea also has a worse impression from this unanticipated overhauling of 

initial undertaking. As the right to free exercise of religion is universal in tenet and human 

rights framework, their disappointment would never be surprising. They consider gravely 

the contradiction of decision to the requirement of ethics that the responsible administration 

has to respect. In the substantive aspect of issue, it would be dubious if such minor point of 

violation could result in such serious consequence, say, a revocation of license continued in 

effect over the years. Hence the proportionality principle could be weighed in the negative 

force against the decision of mayor.  

  Recommendations, Decision Making Model and Factors 

 In applying the decision making model to the equity issue, I found it finer to rely on the 

four planes of deliberation model as reflected below (2012). 

(A) The conscious delimitation of commitment to an employing organization and the 
cultivation of identities that transcend its boundaries. 

 A propensity and perception of mayor could be questioned to have a bias and 

narrowly focused to being misled by himself. He is an elected official who would calculate 

and plot on the public response and impact on the election. In this aspect, the decision can be 

compromised or even bribed with the majority religious group. He seems quite to be 



56 

 

dismantled to apprehend the nature and quality of issue. It seriously transgresses the normal 

standard of equity and justice element to prejudice the Muslim minority (2007). The 

conscious delimitation of commitment to en employing organization would be failed in 

coming into any reality and practical force to determine the issue. He seems to be 

overwhelmed by his personal interest of re-election. As a professional, he also seems to craft 

his own ways to cultivate the ethical identities, and neither on any continued practice with the 

design approach in shaping an ethical decision. Given a respect of this advice, the chances to 

render this type of ill decision would be inconceivable.   

 (B) Legal and institutional protection for individual rights and conscience 

 The local government operates under the constitutional structure and its mandate is a 

guide in hierarchy to be faithfully honored. It is also an ultimate factor often recommended to 

respect in face with the difficult and multifaceted ethical dilemma. The mayor’s decision 

seems to contravene this requirement so that it harms the equity and justice well assumed to 

be due for the Muslim minority. His personality can also be questioned if to cling to the 

reelection possibilities by attracting the majority voters, in this case, the Christian group in 

Nam-Gu. It obstructs a conscience often seen essential to be required of responsible 

administrators as a public fiduciary. Overcoming the conflict of interest might be pressing 

leading to the impermissible emphasis on a minor requirement of laws and regulation as well 

as the breach of principles 

 (C) An ethic of awareness and cultivation of principled thinking. 

 The mayor, as a responsible administrator, has to practice an ethic of awareness 

which cover a scope of elements, i.e., adequate knowledge, exposure to the general ways of 

approach and specifics in issues, organizational structure and culture, as well as societal 

expectations. Being more aware of the nature of issue and standing points of controversy, 

more ethical and practically efficient policy decision can be shaped and implemented. The 

issue, in this case, includes a sensitive policy area about the religion of minority in Korea, 

and also entails an aspect of diplomacy as well as the universal notion of human rights. The 

mayor should have to comprehend an enhanced level of the Korean culture in this light. 

Korea is a nation of international esteem due to its public virtue and culture. The selection 

as a host country of Asian Games plainly vindicates our international status in this respect. 

He failed to apprehend this aspect to disappoint the heat and passion of Asian countries 

from the commitment and trust by selling his responsibility to his political transaction or 

personal interest. As mentioned above, if he accepted the lesson and practiced a cultivation 

of principled thinking over the course of his professional career, the ways of dealings and 

outcome would develop in other ways.  

   Recommendations and Factors in Implementation 

 A solution to facilitate the correction of perceived evils in his final rendering of 

decision seems straightforward, say, revoking the decision of revocation of license and 

endorsing a completion of construction on the pertinent statutory basis, but upon a condition 

to fix the flaws of parking lot requirement. As the Christian people are a mass of their 

constituents, their support seems pivotal to administer a city politics and governance. Hence, 

the public forum could be planned to explain the course of development concerning the 

issue and obtain their recognition of legitimacy and propriety about the cure.  



57 

 

 The factors operating in a contrary or facilitating influence may be explored if to 

pertain to the individual attributes, organizational structure and culture, as well as social 

expectations. The individual attributes of city mayor can factor in facilitating the cure and 

proper remedy to the public condemnation. The city mayor may be stubborn on his decision, 

and can think if he may bent to the public pressure (2012). However, the civil monitor 

group worked effectively to enable a full disclosure of the administrative process. The high 

chances would be that it also can facilitate the administrative cure to restore an equity value. 

Over the decades, particularly in the recent trend, the head of local government often has 

been arrogant and stresses the local autonomy in neglect of the national needs in uniformity. 

The governor of Kyung Nam Province showed a determined attitude against the call of 

National Assembly to make an appearance in the investigatory session. He actually went his 

own way to shut down a public project for the aged people in the claims about the fiscal 

deficit of local government. His testimony was deemed precious, but his logic and 

understanding was fairly entrenched that the any subpoena of NA would be repugnant to the 

separation of powers principle. He eventually sustained himself his views and NA took no 

action to escort him in the purpose to realize his presence in the session. This implies that 

the heads and directors of local government entertain a greater conviction as an elected 

official leading to a tension between the central and local governments. The social 

expectations in this case, however, come higher than other cases so that more chances 

would lie to favor the possibility of cure. In terms of organizational structure, the mayor is 

placed at the center of power to remedy his vulnerable action. He would be directly 

responsible to cure the revocation decision, but the practices often do not submit to that way 

of dealings. The local government often cherishes the stability of decision that most cases to 

be remedied would process in the judicial proceedings. As the nature of issue is highly 

sensitizing and touches on the core of Korean concerns, say, the international games and 

human rights, the organizational structure and culture may possess the quality of dual side 

of coins in view of limiting or facilitating my recommendation.           

           Reflections     

 As we learnt, we expect the public administrators would be ethicists to make a 

legally valid, effective and efficient decision to maximize its utility and happiness of 

organizational members and constituents. Their decision, hence, could be examined in the 

organizational strategy and planning to have an essential bearing with the imagery of 

organizational development specialists (2012). The case briefed above entails a 

miscalculation of policy sequence and actually created the gash that now, amid the public 

reaction as acid, hardly avoids the alternative to squelch on its basis. While the public 

administrator would be a juggler managing a multitude of competing obligations and 

interests, the case actually revealed a vicious aspect of unethical contemplation involving 

the political interest of mayor himself. Often we believe, as Michener commented, that he or 

she, as a responsible administrator, needs to pay a due respect to the real moral problems in 

the abstract where character is formed, hence, they may not be fragile to be a miscreant of 

policies and specific decisions of challenging nature (2012). This would require, over the 

course of professional development, of ethical identity beyond their title and status, and can 

appropriate the mechanism to reach the ethical decision as suggested by Cooper (2012). 

Four levels would foreground the process to deliberate on behalf of responsible 

administrators, what we staged in the inner mind process on evaluation or assessment. They 

would cover the expressive level, level of moral rules, ethical level and post ethical level. 

The level corresponds in dimension with the process espoused in the Cooper’s design 



58 

 

approach including the identification of issue, available options of ethical decision, and 

probable consequences, and so. The public administration often involves some share of 

leeway in the spectrum of public values and ethics as leading, lesser in extent, to any 

ineluctable conclusion. We often rather are susceptible of ample choices to deal, and often 

reach more like an aesthetic logic or gestalt in the end purpose to attract the citizenry (2012). 

The public administrators are postulated well in its practical role to respect the obligations 

to the citizenry and the organization established to serve the citizenry. The public 

employees would favor to develop a professional career and buy in, in many probabilities, 

the compensation in the monetary form or promotion, which their conduct or activities may 

lead to. They nonetheless can see a vignette well-rounded life outside the work. This well 

vindicates the thesis about the spectrum from the individual attributes through societal 

expectations.  

 That often, as a tenet in the basics, coheres, and should do, but the issues or agenda 

may be complicated in a contradictory demand or in conflict of interests. As the policy 

issues, in this diverse society, are staged amok over the factors and interest groups, the 

admonition from Ralph Kilmann's to avoid “quick fixes” would help and they could base 

their dealings on the more practical and comprehensive context (2012). That said, it would 

project over the internal and external controls as general approaches and specific techniques. 

The responsible administrators would also be attached with a deep awareness and 

professional attitude to interplay with the individual attributes, organizational structure, 

organizational culture, and societal expectations. For example, we would know ourselves 

that an inherent tension exists between the individuals and the organizations where they are 

employed. On this point, we need to take an in-depth reflection about the possibility of 

individual ethical autonomy in the organizations. Then we may explore the useful 

suggestion about four elements so as to be responsible and in the ambit to produce a 

working ethics and interactive leadership; “(1) the conscious delimitation of commitment to 

an employing organization and the cultivation of identities that transcend its boundaries, (2) 

legal and institutional protection for individual rights and conscience, (3) an ethic of 

awareness, and (4) the cultivation of principled thinking” (2012).  

         Reference 

Cooper, T.L. (2012). The Responsible Administrator, San Francisco. CA: Josey-Bass. 

Kranich, N. (2007). Equality and equity of access: What's the difference? Retrieved July 

     10, 2008 from the American Library Association Web site:  

http://www.ala.org/offices/oif/iftoolkits/toolkitrelatedlinks/equalityequity. doi: 388396 

Laureate Education Inc., (2013). Ethics and Social Justice "Equality and Equity: 

Applications" with Amanda Baker (approximately 6 minutes) 

Stanford Encyclopedia of Philosophy: Economics and Economic Justice 

http://plato.stanford.edu/archives/sum2008/entries/economic-justice/ 

  

http://www.ala.org/offices/oif/iftoolkits/toolkitrelatedlinks/equalityequity
http://plato.stanford.edu/archives/sum2008/entries/economic-justice/


59 

 

    XI. On the Liberty 

                                              The Disabled in South Korea 

The disabled in Korea perhaps like to ride on the public bus to go somewhere they 

wish to reach. The subway was not well exploited to suffice the details of specific destination. 

The public bus was most catalyzed to serve the travel needs of public in Korea, however, we 

often cannot find the disabled on the bus. The distance from a road to the bottom of bus 

normally is 98 centimeters (Kee-ryong, K, 2002; Graff, J., 1985). Even for the normal people 

on the inconvenient knees, riding onto the bus could be challenging. This would certainly 

exacerbate on the case of disabled. For the manufacturers in Korea, the disabled has long 

since not been assumed as the scope of passenger. They are treated in discrimination as same 

like the aged, pregnant woman, children, and the patient to suffer on his legs and knees. The 

developed countries, i.e., Japan, US and France, have earlier lowered the gap in 30 

centimeters, and also provided an equipment to support the users of wheel chair (2002; 1985). 

Striking is it that Daewoo, a Korean auto manufacturing corporation, already produced this 

special bus in system, but its purchase has been made on the special order only to meet an 

occasion. For the improvement of environment, the public bus was mandated to use LNG. 

The road and traffic sign was neatly reformed to enhance the international events. However, 

the concerned people regret to find no policy or public support to provide for the disabled. A 

higher gap about 98 centimeters now frustrate the types of disabled which even include a 

brain damaged and deaf faced with the insufficient public signs. Particularly, the scene of 

hurried bus departure to leave the blind drastically often disappoints us. They would have no 

way but to ride the wheel chair lift which is highly vulnerable to risk his life. Their only way 

to reach his destination, however, is to use the subway loosely scattered and to undertake a 

long way to walk. 

 The disabled has been described as a cursed creature in Greek myths. They are 

treated incompetent to labor and forced to be subject to a public charity or benevolence. They 

have to hang on his tough life through a deceased in time (1985). The Universal Declaration 

of Human Rights incorporated their status as a national, who became safeguarded from an 

infringement on his or her bodily autonomy or freedom. The Weimar constitution enacted in 

Germany in 1919 could pioneer a state commitment about the social welfare and provision of 

public program for the disabled. The MB administration of Korea in the past five years had 

been reluctant to expand the social welfare program and the ethos or passion of society often 

perceived the disabled as poor and as merely the class of social benevolence (Kee-ryong, K., 

2002). Their status may not be elevated to a certain of right or personal interest so as to be 

protected by law. A previous point of financial burden or declaratory status of constitutional 

prescription also is not an exception for Korea. Nonetheless, it would be problematic if the 

Korean constitution lacks an express language to cover them in the ambit of constitutional 

policy (2002). This leads us to any contrast with the ways of Bonn constitution, which 

incorporated the class of disabled as one factor if to centralize on the pursuit of social justice. 

As the constitution is a ground law and often to be referred as a basic morality guideline of 

nation, this lacking pushed back the critically deprived class of people, namely disabled.  

A Free Mobility of Disabled and its Infringement 



60 

 

 A free mobility of disabled in Korean society would be concerned of positive liberty 

since it does not require the absence of coercion from external factors. An approach to this 

societal issue rather mandates a public commitment to increase the freedom of person to 

move and travel. It presumes a certain provision of public aids and would underlie the 

concept of social justice. Rawls intuition, a “veil of ignorance,” may echo that we are 

responsible to address that entrenched inequality and their challenge to freely move. How 

much extent of inconvenience and frustration in the personhood of disabled perhaps would be 

immeasurable for well persons to sense and apprehend. It would entail both issues on equality 

and liberty. In the traditional concept of negative liberty or lassies faire liberalism, the 

problem could well be blinded to let it as is (SEP: 2013). The concept of positive liberty or 

functional focus on the societal virtue may have some strength to ground any of public 

measure. Rawlsian concept of social justice would consider a scope of factors, personal 

talents or competence, resources or wealth as distributed in comport with the first principle, 

the kind of liberty capitalized to found the basis of modern society, and others. The policy 

makers are assumed, in the power and competence to find an avenue to realize the social 

justice, and shape the proper and most effective policy instrument to bridge the first principle 

and social justice. The group would generally be considered to have surfaced in a more extent 

of legitimacy and democratic representation from the beginning of 20
th

 century. They may be 

posed a challenge by the libertarian circle of orthodoxy on the property right and absolute 

freedom to resources. As we see, what basis would entitle the owner and user of resources, 

then, provokes a serious contention around the abusive social welfare program. However, I 

suppose that an aid to the disabled would often fit within their ambit since they lodge a 

highest emphasis on the liberty interest.  

 An issue of disabled presented above entails the nature of positive liberty since it 

triggers the target group to be “liberalized to certain thing,” as not in meaning “the liberty 

from something.” However, the shape of issue may differ in a subtle context although the 

argument of positive liberty in ways of approach would look into the internal factors on a true 

self (2013). This often implies that the agent would exercise a moral process in deciding to 

act or omit to act. Nonetheless, the issue of disabled on free mobility touches on the basic 

operation of bodily liberty, and concerns an intrinsic mishap in the distribution of resources. 

He or she is innately paralyzed to be disabled from movement. Some of them may acquire his 

unfortunate state from the industrial accident or war sacrifice.  

                                      Factors to be Considered 

 The profile of issue then develops into a complex equality by not being submissive 

to any simple notion of equality. In view of liberty, they share a common ground, however, as 

to be physically depraved to something. Their function to make him or herself as a social ego 

would be infringed to get incongruent and his personal liberty was critically abridged. The 

enhanced concept of liberty now requires that the principle cannot serve the whole of 

requirement if to merely let them to free in the absence of any external coercion. An 

enjoyment of certain condition to the decent human standard is often envisaged by the policy 

makers and explains for some of prevailing understanding of liberty discourse in the 

contemporary society. A liberty discussion also can be made to require the whole of picture if 

the agent actually does certain things in certain ways? The triadic way of approach involving 

the agent, purpose and constraints proposed by Christman may direct to be sucked into the 

topology of liberty assessment (2013). A constraint would constitute the key factors in 



61 

 

concern, and the absence of any kind of constraint whatsoever on the realization of one's true 

self could be a critical test to the desired state. It would also be corroborated by the simple 

standard as Green and Bousanquet encapsulated, say, “the absence of all factors that could 

prevent the action x” (2013). The modern views also put an emphasis on the comparative 

assessment to arrive at the sound stream of societal justice on liberty. Hence, as commented 

below, the US ways to deal with the issue would illustrate a desired state in protection of the 

disabled to assist with their physical handicap.  

A comparative view with the US institution could help to comprehend how the 

liberty or personal freedom of disabled in Korea was discriminated. It is obvious that they 

actually cannot do certain things in certain ways. The context of Korea involving the liberty 

of disabled would clearly fail on this criterion. The US has also experienced a challenge and 

public debate split in contention concerning the extent of pubic provision and ways to boost 

them. A first statute to deal with the issue of disabled perhaps would be the Urban Mass 

Transportation Act (UMTA). This Act includes a policy goal that the aged and disabled have 

the right to equal access to the public transportation. It also prescribed the mandate of federal 

government to exert a special care in designing and planning the facilities and program of 

transportation service. In 1975, the Federal Aid Highway Act was enacted, which purported 

to mobilize a federal grant or subsidies to facilitate the public transportation for the disabled. 

A most ambitious and powerful scheme was arranged in the statute, what is called the 

Rehabilitation Act Section 504 in 1973. This act enabled a scope of public measure by 

incorporating the duties and obligations of private business.  

We may consider the standard of liberty for the disabled may be evaluated in 

variances, which led to the different extent of welfare provision for them. However, it is 

deplorable that a very basic liberty for the disabled was not succinctly addressed in Korea.   

   The Concepts of Liberty and Politics 

 

 The liberty would be an epistemologically cumbersome in any hard way of definition, 

but a ground to be explored and contended seriously in view of human intrinsic, social 

desirables, morality argument as well as the political terms of society. The liberty, therefore, 

would be on a due course of dynamism which exposes some incompatible interpretations of a 

single political ideal. For example, the relationship between the liberty and political ideals or 

desired frame of political process would not see an agreement between Constant, Humboldt, 

Spencer, Mill and Rousseau, Hegel, Marx or T.H Green (SEP, 2013). They would probably 

conceive a same extent of importance or value attached to the liberty, but their vision on the 

political dealings to address a modern sovereign state would diverge. Often the liberty would 

constitute one of ultimate goals that any respective political community envisages, pursues, 

or in the least not to taint the essences enshrined in the value of liberty. That would not be 

negated by both liberal and communist framework of politics. And even the regime of 

monarchy could share the idea of liberal subjects in the comprehension of value and in 

shaping a moral structure of society. Hobbes may be perceived in this purview about his 

proposition of social contract. He played under the assumption of authoritative monarch as a 

justification of politics, but ideated the ground of individual liberty to a safe condition, 

interests of life and limb as well as his or her property. It is an irony that the absolute power 

and sovereign can shake hands with the liberty concept. Rousseau’s collective will would 

dispose another errand to respond with the emerging thoughts on enlightenment and political 



62 

 

freedom. His idea made the rising class exuberant to entertain the liberty, and enabled to lay 

the positive concept of liberty by participation and activism to constitute the public will. It 

could be echoed in a similar fashion as coupled with a labor idealism that the communist 

society would be paramount in championing a human morality and liberation of self. An 

emancipation of the rising class in reliance with the social contract principle could be 

developed in any refined manner by Locke in his treatise on civil government. Based on his 

bureaucratic career, he derived many strands of public governance, and has been considered 

as to proffer a lee way of new understating from inference and interpretation (Murphy, A., 

1998). His theory would be realistic in practical dialectics about the value of civil society and 

loyal government to process their responsibility. He recourses the public power from the 

social contact and an eclectic bridge between the civil power and sovereign. His idea, 

however, will culminate to favor the former so that a Regicide would be legitimate if to be 

exercised in the end of preventing an intolerable tyranny. His ways of governmental process 

could be seen in the separation of powers principle, which was to merit two or four 

independent attributes and to include the power to legislate and execute or power to 

consolidate on the different states. Perhaps in order over Hobbes, Rousseau and Locke, the 

primal concept of modern politics could be classed in view of the extent of authoritarianism, 

but three version would converge to the ideal of individual liberty (1998).  

      

 The Positive and Negative Liberty 

 

 When we deal with the concept of liberty, a most popular way of approach may be 

found in Berlin’s classification between the negative and positive liberty (SEP, 2013). The 

negative liberty, in essence, requires the absence of obstacle, barriers, or constraints, hence 

neither coercion nor intervention from the external strands, such as institution, society, 

notably government and other forces or influences. Its implication would bring a serious 

consequence in terms of political rightness and foregrounds in vast extent the basics to 

constitute the political community. It, in the application, led to the virtue of minimal state and 

has been most contributive to an economic dimension in developing the modern prosperity of 

liberal capitalism. The tenet would also still be maintained in virtually no diminution about 

the practical dominance of metaphor and logic in the contemporary global market. As the 

concept is presaged, the nature would be on prongs to be related with a biological freedom, 

natural law ideas, the kind of Darwinian ways of apprehension, and economy. For example, 

the pursuit of commercial interest would, in some light, be perceived as insurmountable and 

hardly curbed toward the impractical accumulation of wealth or capital. It can grow 

indefinitely to stage at some terminal self contradiction according to the communist moral 

perspective. It is plainly self-evident that the negative liberty would be most favorable that 

the enterprises would embrace. Recently, the public controversy aggravated at the news paper 

report of tax heaven. A plethora of Korean superrich allegedly exploited an opportunity of 

lower tax with the unauthorized export of their wealth and in a hidden way to evade the 

higher tax duties in Korea. As a host country, Haiti or Virgin Island under the British rule, 

manages on a benevolent national tax schedule and the banks or intermediaries in trust or 

estate could conspire to serve their unlawful purpose. A tax issue also created a public 

resentment in the Boston tea party, hence offered a revolutionary moment to liberalize the 

colonial merchants or land class. The nature of plutocracy in use to denote an early colonial 

state is generally undisputed and, in some respect, a more embedded interest and spirit to 

guide the structure of 1789 federal constitution. The wealth and negative liberty would be a 

close peer to fit as being championed inviolable (Murphy, A., 1998). Other area in an 



63 

 

important interplay with the negative liberty would concern the freedom of personhood. An 

unlawful seizure and arrest would be in a primary focus when we deal with the concept. A 

prevention of torture and privacy right to bear a personal appearance can also be exemplary at 

matter of negative liberty. The militaristic government in 1970’s of Korea enacted the statute 

to regulate the length of hair whose type would be often patronized by the entertainers and 

popular artists. The authority of government had ample ways to freeze the pedestrians on the 

street and imposed a fine or several days of detention in the police station merely on the basis 

of his hair look. A comrade court of former Soviet Union and the criminal justice system in 

Great Britain would serve the public goal by imposing a public requirement by the light 

penalty, but if the negative liberty may not be ensured in a perfect extent. This kind of 

institution can convivially disclose the operation of negative liberty which would be simple, 

basic, universal, and through the ultimate of personhood. Interesting is that the criminal 

justice system in Great Britain would rely on the lay judges, whom we often call a knight and 

which disposes a petit crime involving the breach of public peace. It is a greater way to 

exercise the state cause in interacting with the traditional virtue, but may possess the quality 

to impose the kind of positive liberty in an authoritarian understanding of public or personal 

moral as in the case of 1970’s Korea.  

 The positive liberty, as hinted, rather deals with the whole of person beyond the 

nature or personal autonomy. It would be more friendly with the belief of Creationist version 

where the origin of human being is from the God. The nature and quality of human being 

would be cast to entertain a self-mastery and self-realization or self-determination, and they 

would intervene to define the concept of positive liberty (SEP, 2013). In this purview, the 

internal factors to hinder a liberty could come into play that a psychology or individual 

morality compounds the argument to shape any true nature of liberty or freedom. While the 

negative liberty would be framed “the liberty from something”, the positive one foregrounds 

a dynamism as “the liberty to something.” Hence, it is an applied level of understanding to 

interplay with the system and political process. As in the Rousseau’s introduction, the agent is 

required to participate in the political process to ensure their liberty interests. As Marx 

delineated, the human ought to understand a false consciousness and materialistic injustice or 

fallacy to betray the nature of humanity. They often call their army as a “liberation might,” as 

in the case of Korean war, and the liberation theology may develop a similar way of thought 

on the contemporary society. However, their failure to see the pluralistic nature of humanity, 

as entirely hallucinated with the materialistic dynamics, would be questioned. A tenet and 

ethos of positive liberty now offers the conceptual ground to the paternalist or moralist state 

intervention, and intermediates the third way of European politics, for example, as Giddens 

suggested (Crocker, L.H., 1980). A most opposing promise of western politics against the 

paternalistic intervention would be the neo-liberalism espoused by Reagan and Thatcher, 

which was founded to restructure the flaws and inefficiencies of 20
th

 welfare paradigm. The 

examples of positive liberty would be omnipresent in the contemporary affluent society. A 

Special District of public education may enable their students to function positively by 

providing a free IPad to support their study and leisure time. The temporary unemployed 

people in Korea would be afforded a small amount of pension money to reproduce their 

quality and standard on any job vacancies (Laureate Education Inc., 2003). National pensions 

for the teachers and government officers can be settled for the decent standard of living upon 

the retirement age. We can see “the liberty to something,” say, a decent living after some 

statutory age in this case. Around these cases, we can note that the simple absence of external 

coercion would not suffice to bring the positive liberty (Crocker, L.H., 1980). Hence, the 

concept of positive liberty envisages an assumption about the divided self, which 



64 

 

hypothesizes a higher self and lower one. On this concept, we note that our empirical desires 

would be complicated to enhance the dimension of liberty, but the positive liberty may be 

criticized to neglect on the external factors or political ultimatum which often is 

determinative about the mode of our existence and interplay. In other review, the critiques 

pointed to the similarities by illustrating the moral nature of proposition as we encounter in 

the ascetics, stoics and Buddist sages (SEP, 2103). An unilateral emphasis of the positive 

liberty can also be misleading because it involves a ‘retreat into an inner citadel’ — a soul or 

a purely noumenal self (2013). It is noteworthy, however, that some modern thinkers 

capitalize on the personal growth as the essence of liberty, which could compromise the 

above dualism and in the illustration of plants. 

         

The Political Liberalism and Contemporary Debate on the Liberty  

 

 A sphere between the liberty concept and political liberalism actually would pose 

some practical challenges, but unfortunately hardly be reconciled in any expressive 

framework. This context can be adduced in the perception of Christman that the society is 

composed of supposedly heteronomous individuals (2013). Absent any definite answer, it 

would serve to “remain as is,” which would comport with one tactics of oriental wisdom from 

Paduk (Oriental chess). However, merely non-interference would say little that the virtue of 

liberty presumes an enjoyment of certain conditions. We consider a most influential promise 

over the wake of western democracy as neo-Roman (Quentin Skinner) or Republican 

liberalism (Philip Pettit). It can bridge the concept of liberty and democratic governance on 

the tradition and inviolable virtue long upheld in the statecraft. The concept of human rights, 

separation of powers principle, deliberative feature of democratic dynamism, and 

philanthropic assumption on a fiduciary duty, trust, frugality and others, would ground its 

ways of recognition and thinking (Laureate Education Inc., 2003). It also substantiates the 

institutions to practice democracy, and hence interplays with the liberty interest on an 

individual. A political liberalism in the contemporary context can also be contended as we 

note in the shutdown of federal government and national crisis of default. The kind of 

skepticism, “is it any subservient to the increase of positive liberty of Americans,” may be 

captured in the face of tremendous debt. However, we also question if it would be acceptable 

to paralyze the federal government which is responsible to ensure the basic liberty of 

American citizen. A defense and police service may be affected or the national park may fail 

to ensure the liberty toward a decent living and pleasant environment. The Republican 

liberalism or neo-Roman would proffer the institutions to regulate the permissible ways to 

interact with an individual. In this point of concern, the ways that the desire is formed would 

be emphatic and the government would be expected as neutral about the content of freedom 

as in the illustration of Muslim women by Christman (SEP, 2013). The same idea could be 

found in the time, place and manner regulation concerning the First Amendment right. This 

implies that the content- based regulation on expression, in comparison with the content 

neutral, would be deemed more culpable and constitutionally suspicious subject to more 

chances of condemnation. Under the philanthropic ambit of liberty discourse, however, the 

educational exposure or cultural environment may affect even empirical desires, hence, the 

content of freedom, and a higher level or course of moral judgment. In other words, the 

internal factors would be created from his or her personal learning and experiences according 

to the view of Christman.  

 Other strand entrenched in the Republican liberalism lies in non-domination and the 

kind of ultimate belief embedded on the positive correlative between the domination, 



65 

 

arbitrary power and threat to the liberty (2013). Hence it would be a virtue on their conviction 

to implore on the partisan switch of political power on a regular basis and to filibuster against 

the prevailing power in the Congress. In their wellness and conviction, the constraints on the 

political branch are always greater to secure the liberty interest. In their vision and tradition, 

the kind of Berlin’s fear about an infringement on the negative or positive liberty, mutas 

mutandis, the Chrysippus' understanding of self-determination, may be structurally eradicated 

since his fear would be cultivated by the fact that the political power may be liberal only on a 

whim.   

 We generally consider that there is no distinctive use of two terms in the lay world 

and even in the academic or historical context, which are between the liberty and freedom. 

There could be a contingency to favor one word, but the definition to a different note can 

hardly be ordained nor occasioned. Hence the concept can share a same attribute and 

meaning to denote a certain state or human condition that the personal autonomy would be 

protected by the absence of coercion and their desire can be in comport with their moral 

standard to act for or forebear from something. The concept of freedom would be attractive to 

gear up toward a new discourse of liberty or freedom beyond the dualism and other classic 

controversy entrenched in the wake of history. Nowadays, the comprehension of liberty 

proposers or critique rather focuses on the overall aspect of human condition so that they 

detest to be exorbitant in the dealings of analytical philosophy. Hence, the comparative stance 

between the societies may be one of useful attitudes for them. They also suspect if the three 

variables or triadic views of “agent, constraints, and purposes” could still be powerful in 

taking account of the contemporary issues or dilemma involved in the liberty. Their concern 

may be driven in any more intense level to see whether the agent is “actually doing certain 

things in certain ways” (2013). For example, the people of China or North Korea may trouble 

with the liberty or freedom, and cannot be comprehended in any clarified way to assess their 

problem. Are they free on the popular use of internet or can they actually be free to express 

an opposing view or to critique the legitimacy of their regime? Are they actually residing 

within a decent housing from the minimum standard of human condition? This kind of 

overall and consequential ways to assess would be phenomenological and useful on the 

realistic ground. A merely different focus on variables or extension of them across the 

respective theory would be inefficient or mislead to the fallacy of concept. The concept of 

overall freedom would presume the absence of any kind of constraints whatsoever on the 

realization of one’s true self. In other words, the absence of all factors that could prevent the 

action x would be triggered, in the view of Green and Bousanquet, leading to the elimination 

of elementary confusion and convergence toward the whole of free or liberal person (2013). 

   

   The Liberty and Freedom or Other Concept 

 Despite this feeble use in distinction, the liberty and freedom may well be in contrast 

with the concept of license as Locke ascribed. He elicited that a license ill deserves the name 

of confinement which hedges us in only from bogs and precipices” (2013; Second Treatise, 

parags. 6 and 57). A liberty would often tackles the universal context of human condition and 

the state of personhood, which generally squelch the sectarian concern to any discriminatory 

effect. It would go otherwise if a license means the kind of authorization to qualify the 

sectarian liberty or freedom to do something. For example, any business license, driver’s, or 

professional license to practice their expertise would pertain to this scope of freedom. It may 

assume some of special factors to contravene the universal context of liberty or freedom on 

the general basis. The concept of license or charter and incorporation for the business 

http://en.wikipedia.org/wiki/Chrysippus
http://en.wikipedia.org/wiki/Self-determination


66 

 

corporate, later subsidized the capitalist economy and amenable to the national control in any 

uniform fashion and about the factors. It represents a part of human state, but can chill the 

scope of agent’s liberty. Therefore, it entails an attribute of positive liberty if to examine the 

internal factors in the purpose of analysis. It often is directed to the dimension to do  

something freely and intervene to coerce the unlicenced agent to forebear. Furthermore, the 

bar ethics and standard of practice, for example, often require to maintain a level of integrity 

and professional morality.   

 Over the history, a dualism on the positive and negative liberty perhaps would 

impose a highest tension between the liberal and communist scheme of governance or polity. 

One point of contention underlies the exploitative nature of capitalist economy. In the 

occasion of bar license, I like to mention the context of working and compensation method on 

a hourly basis in the law firms. They are paid on the hours for which they are working. The 

law firms often operate on the basis of partnership agreement, and they liquidated on the fare 

share for each partner. As coupled with the hourly charge, the law firms, perhaps if they be a 

small firm, may offer the kind of model and prototype of work mode, to marginalize any 

extent of exploitation possibility. In the political approach of liberty, some may perceive that 

the work mode of such law firms, as in Mondrean or cooperatives, may mediate the extent of 

universal generalization concerning the liberty. Of course, the waged lawyers in the big scale 

law firm may not develop in this way. Nowadays nobody would suspect if the license to 

practice law would narrow the scope of liberty or the licensee deserves the name of 

confinement as a skilled machine on law. Therefore, the concept of liberty in this advanced 

civil society has pose an intertwined and compounded panorama to stream over the pluralistic 

dimension or sectors and society.       

  



67 

 

         Reference 

Crocker, L.H. (1980). Positive Liberty: An Essay in Normative Political Philosophy 

(Melbourne International Philosophy Series), New York, NY: Springer. 

Graff, J. (1985). Adapting interiors and furnishings for the disabled, Madison, WI: 

University of Wisconsin—Extension. 

 Kee-ryong, K. (2002). A Free Mobility of Disabled in Korea, The Citizenry and 

Lawyers.  Seoul, ROK: Seoul Bar Association. 

Laureate Education Inc. (2003). Ethics and Social Justice  "Human Rights: Applications" 

with Amanda Baker (approximately 8 minutes). 

Murphy, A. (1998). Reason, Reality, and Speculative Philosophy. Madison WI: University of 

Wisconsin Press (1996). 

Stanford Encyclopedia of Philosophy : Positive and Negative liberty, Retrieved as of Oct. 25 

2013 from http://plato.stanford.edu/entries/rights-human/. 

  

http://plato.stanford.edu/entries/rights-human/


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         XII. Liberty and Public Organizations 

                                          The Assessment System of Court and KBO’s Policy 

The Korean Bar Association (KBA) and court as well as the prosecution offices are 

triadic branches to sustain the Korean legal system. The court is particularly placed to serve 

the administration of justice and assumes the role to protect the human rights. It functions and 

execute the judicial power as a constitutional organ. It is responsible to adjudicate on the 

cases and controversies, and redresses the grievances arising from a legal dispute. Korea has 

a dual supremacy in judicial terms between the Constitutional Court and ordinary courts. One 

of organizational policy to interact with the liberty interest of judge would be the assessment 

system for the tenure review. In order to attain an institutional goal for the fitness and 

character review of judges, the assessment system often is regarded indispensable. However, 

it could deviate, in practical effect, from the policy objective, but to obstruct the 

independence of judiciary and eclipse a full-fledge exercise of conscience, individual or 

professional conviction (Laureate Education Inc., 2013). Given the nature of meritocracy 

deeply rooted in the personnel affairs, it assists by advising on and informing a requisite 

assessment. Since it could be misused to exclude certain judges who are conscientious, but 

politically dissidents, it often would be raised as a public concern about the commitment of 

judicial independence. This would be same when we consider a budgetary subjectivity of 

Judiciary to the Executive. While the liberty of judges would arguably be lawfully restricted 

on his official duty, the term, liberty, could be apprehended in any organizational, not in a 

strict legal sense, or informal leeway to administer his personality.  

For example, some excessive pressure to use a decent word in the bar or to enforce a 

courteous conduct to serve the sovereigns in loyalty and public trust may bring a tiresome or 

inefficient outcome in the administration of justice (KBA, 2011). Most problematic is that the 

assessment system may undermine the professional integrity by forcing them to comply with 

in his promotion or retention wish. So his or her secular interest on the promotion and 

retention of office can distort his inner side of moral conviction or due way to be personally 

held. This personal preserve of mental and intellectual disposition or conviction would be a 

very strand on which the judicial organs are presumed on. Hence the infringement with a 

conscience or belief of judges would lead directly to unsettle the judicial independence. The 

liberty issue then approaches in the same structure about the conscientious objector or anti-

war vigils.                                               

The court has managed long years the assessment system and graded judges who are 

to be referred to the tenure review. However, a dominantly conservative ethos and public 

monitor about the judicial independence or suspect on the system, its practical impact would 

often be minimal and an automatic renewal for another ten tenure years sees no difficulties 

for grant. The public attitude has improved to identify the pros and cons of system, and the 

concept of democratic servant-ship recently has been emphasized to secure a loyal and 

faithful quality of judges. Also the peer pressure to ensure a fair and democratic quality 

between the counsels and judges at bar would grow, and could be correlated with such 

popular attitude. These situational variables affected the culture and ethical paradigm of court 

judges, and KBA, since 2010, instituted a regular process, on the annual basis, to complement 

with the assessment system of Court. KBA launched a peer survey to collect the opinion 

about the judges on the list of tenure review during 8 days, from Jan. 6 through 17. KBA 



69 

 

announced its background to meet the end to cross-confirm the personnel powers of the Chief 

Justice (2011). It pointed to the potential flaws that CJ exercises a plenary power to grant the 

long years of tenure. This kind of institutional vulnerability actually factored to yield no case 

of renewal denial which makes the process autonomous and meaningless. Some unethical 

judges who are verbally abusive in bar communication or indecent to provoke a shame for the 

clients could not be filtered according to the public report of KBA. This undermined a public 

trust for the judiciary, and KBO claimed that it was the most objective, relevant, and 

competent agency to assess the judges. The peer survey was conducted to cover 153 judges 

on the list of 2011 tenure review (2011). Over 1017 attorneys at law participated which was 

starkly gross than a previous occasion. 79 judges were found to be defaulted for an 

entitlement of new tenure. 74 judges were rated superior and qualified for the renewal. The 

grounds to make up such an impeachment would be, in rank order, the authoritarian or 

charismatic attitude (45 votes), bias, prejudice, predisposition, and abusive verb or behavior 

(25 votes). 

            The Liberty of Public Officers and Organizational Integrity 

 In furtherance about the liberty and transgression of assessment policy, I may brief 

on the public fear or excessive attention on the ideological propensity of judges. Korea is a 

divided country on this very reason between the leftists and right wing. Often we see it 

desirable that the court would be composed of diverse judges to represent a social philosophy. 

This context was seriously suppressed not by the governmental intervention but by such 

enthusiastic Right Civil Association in Korea (Chosun.Com, 2011). They often would be 

veterans, middle class of conservative ethos, and those who have a family background to 

detest North Korea. This created the social circumstances, which may be received as the kind 

of societal expectations for judges as in the Cooper’s components on responsible conduct 

(Cooper, C.T., 2011). Hence, they could be affected, and his personal interest on the 

promotion or retention of public office, in combination with the assessment system, may 

facilitate the inner process to convert his conscience to a prevailing ethos. This not only 

abridges the liberty of judges, but also could adversely touch on the core theme of judicial 

independence and social diversity. The internet portal of Chosun, often viewed as a most 

strong Korean conservative, hints on this point, “It is a constitutional mandate that judges are 

amenable to the tenure review for every ten years, who will not be dismissed from the office, 

but only on the causes exclusively of impeachment from the Congress and criminal 

conviction leveled above a confinement penalty. The Court Administration of Korea has not 

been practical to play a minimal role with the perfunctory apparatus of assessment system 

and tenure review. The tenure system was introduced in 1988, but only five judges during 25 

years were denied a tenure” (2011). This quote was complemented by other conservatives so 

that they perceived this phenomenon serious about the rise of leftism adhering judges. Their 

tone and criticism has been acid that this lack of proper institution or flawed policy 

implementation would lead the Republic to collapse. They also expressed a concern of fear if 

the leftist judges could influence to shape the policy of Supreme or Constitutional Court. 

Now the public criticism surges to deprave the last election about the political intervention 

and unfair context of election campaign. It poses serious challenges for the president, ruling 

party and conservative group that the allegedly leftist circle now are legalized to plan a 

massive candle vigil in the public place. In their view, the Constitutional Court, in a last case 

dealing with the US imported mad cows, deplorably has dispatched a generous policy about 



70 

 

the right to assembly and demonstration in the public street. In their version, this outcome, of 

course, would show a weird network with the leftist powers in the judiciary (2011).  

The threat or evil from the assessment system and KBA’s policy could be illustrated 

convivially in the case of Kee-ho Seo, who was a middle age judge and alleged to uphold the 

virtue of leftist ideals. He also has been notorious to lead an e-critique on the court leadership 

and prevailing judicial policies. He was a recent judge to be dismissed on the ethical 

ground.  His accusation was examined based on the assessment system, but the grades were 

found to be assigned as misled by the subjective stance of his higher authority. Objectively, 

the amount of caseload and the rate to dispose or complete would range above the middle of 

whole judges. He later exploited another career as a congressman, and now is incumbent to 

impanel within the Government Audit and Hearing Session in 2013. 

                The Benefit of System/Policy and Their Prospect 

 In any way, the assessment system and KBA’s policy likely would sustain ahead in 

view of its fundamental role about the personnel affairs, quality and character of judges and 

democratic practice in the consort with KBA. Seung-tae Yang was appointed as a Chief 

Justice of Korea on Jan. 18, 2011. The nominee was roiled into an interview of public media, 

and made a brief comment, “most capable judges would be the ones who deserve the public 

trust.” In broach to this comment, he adverted, “the public trust should be more hardly 

achieved other than legal research or knowledge.” In his view, the judgment has to be 

tempered and consonant with the common sense of justice and shared apprehension (Laureate 

Education Inc., 2013). This would be any authentic role of judiciary so that the clients could 

be persuaded. In Korea and perhaps universally, a miscarriage of finding the facts or 

implausible criminal sentence often would be the point of contention and dissuasion. The 

parties and his counsel would be a most knowledgeable person about the case. The counsels 

are qualified as a matter of law to represent the party and could share a common step on the 

progress of litigation. He would be virtually same to the party in the disposition and 

sensibility about the case. Hence, to obtain his respect and sharing would be really imploring. 

In this light, KBA’s policy to factor the assessment system could complement its flaws, 

which is a statutory mandate and overly indispensable (KBA, 2011). Some of court critique 

perceives it improper since it is odd for the players to evaluate an umpire. The Supreme Court 

still is reluctant to use the survey result as any definite variables in managing the official 

assessment system. As said, however, it seems  most plausible and convincing to recourse 

the counsels, a direct peer of court judges, in assessing their quality, integrity, and personality 

or propensity. It directly is connected to build in the public trust. This policy may be 

expanded to cover the prosecution offices in Korea. As for its organizational nature of quasi-

judiciary, the public trust is urged as a pivotal value than any other governmental branch. 

This actually underlies in an organizational concept that the key leaders of organization often 

reiterated to implant its ultimatum. Unfortunately, its genuine implications and moral 

requirement have been neglected. Now the people are suspicious if KPO were to be 

committed seriously to improve its poor image on public trust. A meaningful change has been 

noted recently so that now a large number of criminal cases on a statutory complaint basis are 

litigated with the counsels being appointed. This phenomenon would be in the sharp contrast 

than in past ten years. Counsels could be an agent to be fully aware of the client’s satisfaction. 

They could be more usable to ground the genuine basis of assessment than the previous 

system, mere a KPO survey of clients.     



71 

 

                                             Reference 

Chosun.Com (2011).Judges and Korean Society. Seoul, South Korea. 

Cooper, C.T. (2011). The Responsible Administrator, San Francisco, CA: Josey Bass. 

 

KBA (2011).Internet Newspaper of Lawyer. Seoul, South Korea. 

 

Laureate Education Inc. (2013). Ethics and Social Justice"Liberty: Applications" with  

Amanda Baker (approximately 7 minutes). 

 

    

  



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XIII. The Organizational Culture, Policy and Ethics 

       

The Society and General Aspect of Organizational Culture 

  

An ethics and responsible administration now draw any more popular attention in 

history. There is a scope of variables to bring this context of societal phenomenon. First, the 

public monitor and pressure activities have become increasingly active and flourishing to 

advocate the democratic process of politics. As the theme of democratic government deepens 

and becomes well settled, the bureaucrats turn to be assumed and required to be loyal with 

the servant-ship to the sovereign people. It can be traced back to early years of new Republic 

so that Andrew Jackson defines their peer or political group as common men (Cooper, C.T. , 

2012). The prevailing view in earlier politics, as we can note, may well be a spoils of victory 

to staff and administer their governance. This tradition may still wedge in the presidential 

system, but the cleavage, in another dimension, can be ascertained. An ethics as a fiduciary 

servant and the imagery of loyal public administrators would be highlighted in the more 

systemic way in the proposition of Max Weber.   

     Around the industrialization turbulence, he perceived the importance of social factors 

to sustain a right direction of capitalistic growth in the western society. The continental 

morality and new frontier of material advancement were engrafted to inculcate the due course 

of social evolution rooted in the western tradition. Hence, his requirements in ethics and 

morality about the honorable bureaucrats are practically plausible to account for a realistic 

exposure and value guides to vitalize on the capitalistic system of statecraft. The press and 

public media also may interplay to ensure the Weberian virtue by imposing a criticism and 

monitoring activities. The advancement of e-technology and revolutionary impact of social 

media or other communication culture also contributes to the increased public attention on 

the ethics of public employees. A civilian recourse has developed into the “hands and 

palpable breaths” of the political or social elites in pursuit of social justice and procuring their 

loyalty. The ruling elites now are circumscribed in any distinct environment of disclosure and 

strains. Once seen as mere a gossip, the social culture may no longer tolerate an ethical or 

insensible public decision making with the readily organized force of civil group. A 

democratic apparatus on the liberal concept of constitution also increases its profile and scope, 

for example, recognition of the right to know as one of fundamental rights. It is to be noted, 

however, that there are differences, according to Cooper, in a practical effect among the 

public tools, such as the code of ethics or law and public media (2012).    

 Second, the public administration itself has been on the trajectory to fortify its 

discipline as a science with the assistance of modern psychology and sociology. A theme 

concerning the act of ethical management began to feature in an increasing profile since 

Bowman published the article titled “the ethical issue for the public manager.”  Don Menzel 

developed this concern by imploring on the systemized and consistent effort to promote 

ethical organizations (2012). The ethics and responsible administration often would be 

impacted by several institutions in the combined force including law, history and 

organizational mission. This would generate a certain of organizational culture in which we 

derive the essential factors in coverage of normative structures, referent others, obedience to 

authority, and responsibility for consequences. As I refrain from first person in academic 

writing.  adverted, the society witnesses the changing circumstances in fashion to recourse 

their public avenue of sovereign role. This larger environment may lead to a new shape of 

factors. For example, obedience to authority, in some cases, may shift that the civil monitor 

group could be more pressing and be viewed as the kind of authority to compromise. A 



73 

 

responsibility for consequences, in some cases, may be upstaged as deviated from the 

responsibility chain of line authority.  

     For example, a Congressman in Korea may fear from the public opinion more than the 

Congressional Ethics Committee and its guidelines. Turning to the discipline, it is highly 

advisable to ensure the integrity and continued ethical practice that the ethical decision 

makers plan on and design a scientific model, as the Cooper’s model illustrates, and prevents 

a self- serving attitude of bureaucrats and public administrators (2012). Other useful 

framework would be the Person-situation Interactionist Model developed by Trevino (2012). 

According to that model, public employees may process on the stages beginning with the 

ethical dilemma, cognitive stage and through the ethical or unethical behavior. The model 

identified four scores of influence to reach an ethical decision, which incorporates the 

individual attributes, immediate job context, organizational culture and characteristics of 

work. It also elicited subelements with respect to each dimension. For example, the individual 

attributes are determined by assessing the field dependence, ego strength, and locus of control.  

  

   The Organizational Culture and Organizational Policy Making 
  

As sketched, the organizational culture would presume a general ambit through the 

specifics of organization. It is a societal creature to be rooted in the history, tradition, moral 

and ethical virtues to be implanted in the bureaucracy and organizations. The changing 

circumstances on an increasing intensity or compression of society as brought by the 

technological development as well as  popular control along with the increasing power of 

public media, all accounts for the new shape of organizational culture. The issue of 

whistleblower, its moral basis and argument, as well as its protection as a public policy 

plainly proves the upstaged or societal context of organizational culture. In light of the 

specifics of organization, we need to note the importance of scientific contribution leading to 

the understanding of ethical or unethical behaviors as well as policies. For example, the 

Lucifer effect can elucidate the individual character traits and organizational culture as well 

as other situational variables (2012). The Trevino’s model also employs the organizational 

culture in four elements as an important variable which brings an ethical behavior or policy 

making. In this way of thinking, we may infer two dimensions of focus and in the primacy of 

attention which are elaborated by Finer and Friedrich (2012). Finer emphasized the role of 

external controls so that the law and code of ethics must be ensured in proper terms and in the 

nature to control the organizational members to adhere with their ethical requirement. 

Friedrich rather stressed on the practical importance of internal factors enshrined in 

individuals. Hence the ethical policy making or behavior would hardly be achievable without 

any genuine submissiveness to the ethically required way of behavior or conduct. His view, 

therefore, shed an intense weight on the learning and developmental program for the policy 

makers or administrators.  

Remember paragraphing is important to separate points.  Otherwise, the reader does not 

know when a point begins and one ends.   

     If the elements cherished by both camps are not mutually exclusive, they often become 

concrete in one concept of organizational culture by way of law, history, mission as well as a 

basic tone of the civilized understanding of public organizations. Of course, the 

organizational culture may be taken distinctively due to its nature and quality. For example, 

the Finer’s qualm may have a nuance between the legislative assembly and normal 

bureaucratic structure (2012). The latter may be more meddling on discretion to favor doubt 

while an ethical pattern of the latter case often likes to clarify the course of ethical 



74 

 

deliberation in the face of public monitor. Hence, the former case would be more amenable to 

the Weberian concept about limiting a discretion in ways to prevent the civil servant’s 

remonstrances and to place them in order. In the standing point of view, if the organizational 

culture needs to be examined from ethical policies, the critical inquiry would be if the 

organization now operates in the symptom of nonfeasance, malfeasance, and overfeasnace 

(2012).  

     The Korean Judiciary, Organizational Culture and KBA’s Policy 
  

For the purpose of illustration, I consider a recent public focus on the courtesy and 

ethical behavior of judges, public prosecutors and counsels in the court proceeding. The area 

of ethics often stems from the professional code of conduct, but, in some cases, related with 

the criminal response on the contempt of court. They share an enhanced level of covenant as 

if they fall within the notion of New Adminsitration Movement, so that the smacks of 

professional eliticism and the concept of “client other than citizens” may apply to explain 

their status (Cooper, C.T., 2012). The virtues prevailed in the Movement, such as courage, 

commitment to human values and integrity espoused by E. Dvorin and R. Simmons, could 

also be the point of sanctity to be respected in the Korean case while some technical standard 

and specifics will combine to effect in producing an acceptable course of ethical behavior 

(2012). While the civil power has traveled over the sectors of society in enhancing a 

compliance with the democratic ethics, the Korean Bar Association erected an assessment 

policy of judges about their attitude and manner in the courtroom (Camp, J.C.V., 2005; 

Phillips, F., 2004). The assessment report was regularly disclosed to the public attention that 

poorly graded judges may suffer a disadvantage in the promotion and decision-making of 

personnel matter. In the last years, one judge committed a verbal abuse to the party by stating 

an indecent word. He allegedly affronted an aged party in the civil dispute, who was 

incompetent to delay the court schedule and had a less sense to present his case, by saying, 

“If a man turns to be aged, it might be better to die.” One other case involves a similar 

misconduct so that a presiding judge in the divorce proceeding libeled, “you would get 

awakened to see your spouse in the same bed with other males.” There are many other 

examples revealing an abusive or indecent communication with the parties. 

 It seriously disparages the human esteem of client who, in this case, would be the 

party on the ride of civil service about any justice administration. The organizational culture 

of Korean judiciary, as in many other foreign examples, has long been distinctive on the 

dominant flavor of conservative ethos (2005; 2004). The judges would often be respected as 

honorable, and the ethics are often required of the citizen, or clients to maintain his honor 

over the court proceeding. The Japanese imperial rule, in early of 19th century, impacted 

profoundly on the organizational culture of court. That exposes a court scene that the judges 

look a kind of authority or charisma with the robe dressed up. His statement would be 

authoritative to direct, command and reprimand the parties and audience. The spirit of public 

service massively retreats as focused on the requirement of authority and respect of law. A 

liberty interest often safeguarded to ensure a human dignity, an ultimate destination for all 

purposes of national constitution and enacted in the Art. 10 of Korean constitution, was 

directly or indirectly affected (Laureate Education Inc., 2013). For example, an indicted 

suspect may be suppressed by a possibly overwhelming conduct or words which divert them 

from fully exploiting a due chance to defend his case. The judges in Korea, in some cases, 

may carry a wrong form of short court opinion that fails to fully disclose the points of 

contention and court opinion on the respective issue. This ethical failure, as reported in the 



75 

 

last news paper story, may jeopardize the context of party’s right to appeal and the client’s 

satisfaction (Camp, J.C.V., 2005; Phillips, F., 2004).  

 While there is a separate view about the liberty or human rights viewpoint, the public 

employees often are conceived as a special group and fall outside the scope of protection. For 

example, it would be answered in a limited scope of recognition if the government employees 

enjoy the freedom of expression. The judges and prosecution officers would also be deemed 

as a natural person entitled to the scope of constitutional protection. The new policy from 

KBA may infringe upon the liberty interests of judges, but the prevailing view would likely 

be reluctant to shed on that strand in this case.  

   

   Some Solutions for the Ethics of Judges 
  

Assuming that the Cooper’s decision model is to be exploited in phases and specifics 

of this illustration, I now could comment on some of the ethical standard as a solution for the 

concerned parties (Cooper, C.T., 2012). 

 First, the courtesy of “bowing and saying hello” needs to be revisited. The counsels 

to travel a corridor or courtroom had been usual to nod their head in ways to pay a 

recognition and respect. This courtesy seems still practiced in the local district, but the 

buzzing environment of Seoul may have changed on the practice. Now only a small number 

of attorneys in Seoul follow this routine way to elevate the professional integrity and sharing. 

This change of personal ethics may be due to the increasing number of new entrants to the 

profession. The number tripled in the past decade. The lesson from the American scene may 

be practical where a predicate “Your Honor” is held uniform to refer to the judge. This ethics 

can increase the public respect and trust in the end of strengthening the rule of law concept.  

 Second, the examination or cross-examination procedure requires the counsels to 

comply with an impartial, speedy and decent process purported by the law and professional 

ethics. It needs to be discouraged or banned to disparage the integrity of prosecution 

authorities which is impertinent to the facts or profile of cases. Often counsels may complain 

in informal ways to tarnish the prosecution decision as irrational or attack an ill aspect of 

criminal practices. It entails a serious deviation if the accusation involves an imprecise or 

wrong fact. For another, it needs to be avoided to intervene in the process of examination or 

cross-examination. It would be ethical to wait for its completion of prior interrogatory and 

proceed to his case. An attitude to examine the witnesses also needs to be put to improvement 

and correction. It is unethical and contradicts to the covenant of democratic rule if the 

counsels behave in the authoritative or indecent manner. Often an oral statement not taken 

care of can affront and insult the witnesses. Other ill aspect may be perceptive on the 

technical standard so that opinion-seeking inquiry or questions about the immoral character 

of witness would be improper and in violation of the ethical codes. 

 Third, the court judges need to be modest and common so that they never behave 

pretending to be potent or mightier to teach the counsels. This point would be emphatic about 

the removal of counsel’s grievance. They are common peers to administer the justice in 

collaboration and cooperation. Now the judges are no longer the class of public nobility. He 

or she, as a public administrator, needs to find his standard of conduct and workplace ethics 

from the virtues of American public administration, say, equality, freedom, beneficence, 

respect for individuals, popular sovereignty, and justice. This does not mean that the principal 

role of judges to shape an issue and marshal the points in contention could be derogated or 

disobeyed by the counsels. A bias or arrogance of judges as if in the step of prosecutor’s case 

and to squeeze the counsels in his ways or understanding would be problematic, especially in 



76 

 

the criminal proceedings. In some cases, it brings the consequence to break the fundamental 

assumption of party system by exceeding from the scope of indictment statement or 

prosecution’s claims.   

     Reference 

 

Camp, J.C.V. (2005). Ethical Issues in the Courts: A Companion to Philosophical Ethics.  

 New Tech Park, Singapore: Cengage Learning 

 

Cooper, C.T. (2011). The Responsible Administrator. San Fransico, CA: Josey Bass. 

 

Laureate Education Inc. (2013). Ethics and Social Justice "Liberty: Applications" with  

 Amanda Baker (approximately 7 minutes). 

 

Phillips, F. (2004). Ethics of the Legal Profession Portland OR : Routledge-Cavendish. 

                                              

  



77 

 

XIV. On the Nature of Social Justice Issue 

Poverty and Homelessness in 1998’s South Korea 

Around the end of 1990’s, Korea had undergone a serious financial crisis, and the 

IMF role only could settle the unsavory condition of national economy. In these years, the 

poverty class in a ghetto, often unemployed and homeless, had posed the challenges to justice 

and deserved a social attention. As learned on Frederickson, a poverty also emerged to shift 

the traditional paradigm of public policy which concerns the race, gender and ethnicity in US 

(Frederickson, G., 2005). Its extent has gotten worse that the assumption for these elements to 

imply a poverty would be made inadequate in the face of a rising threat to the social justice in 

US. A social stratification now rolls back to call a more engaged attention beyond the 

narrative of diversity or multiculturalism. If the nature of social issue has a profile on the 

universal element of humanity, it would be a matter of our attitude or disposition rather than 

any evolution or progress in the time sequence. I mean if the kind of Maya or Inca 

civilization or others beyond the level of contemporary one, could flourish or perish in 

mystery, but could be plausible. As in a science film, we may have unknown a superior alien 

civilization in any other time, but may hardly be recovered into a reality for other reasons. 

The poverty issue may have been quite that of improved form in 1950’s than the current 

status. This area of public policy may bear such kind of irony that the attention or 

maintenance to mend in continuance as well as on constant watch to respond with would be 

necessary. The kind of apprehension, “the poverty in the past on this level, economic status 

and social welfare on progress over time, and the present status of poverty issue would be 

easy,” should not entertain as any convincing ways of thinking. As the concept of justice 

expounded in the Republic by Plato, the poverty may pose a serious challenge to the ruler and 

ethical administrator (SEP: Justice As a Virtue, 2013).  

It is related with the basic standard of humans, and very sensitive as sufficient to 

question the social justice, ethics, as well as legitimacy of polity. It has a root over the history 

as we can find a plethora of authority, i.e., the pleasure of moral person or ruler in Plato and 

Cicero, pleasure and the greatest happiness for the greatest number of people in Bentham’s 

case, a refined persuasion in German rationalism and Weberian ways of bureaucratic ethics, 

Rawl’s concept of justice, and even the functional equality or positive liberty circle for the 

social justice in most modern thinkers (SEP: Distributive Justice, 2013). In this line of 

thought, I may derive some of implications. First, the issue of social justice would be 

omnipresent across the polities both in time and geographic distribution. That is because the 

issue would be interwoven with the universal or human intrinsic and attribute. It could be 

conceptually shared in any common concern, and may not be submissive to any time 

rationale. The elapse of time and economic progress never absolutely mean an improvement 

of poverty in view of the social justice. Second, this aspect alerts the public administers, who 

are required to be courageous and vigilant to realize the social equity and justice. Now the 

system is not static which is unlike the aristocracy. As said, roundreasoning has been 

embedded to ground the human cause for social equity (Frederickson, G., 2005). W. Wilson’ 

stated, “it is harder to run a constitution than to invent it” (2005). As an implementation is 

urgent than policy making, it needs an extent of positive engagement. For example, the 

employers are to improve the hiring practices, which means even to touch on the human 

resource than mere implementation of social equity program, project and policy 

(2005).                



78 

 

              The Status, Threat to Justice, and Factors to Address 

Poverty may well be conceived as a worst factor leading to the social injustice. It 

poses a fundamental threat to the justice of society. The poverty class would be often 

deprived of adequate public education, and the status could persist over the generations. They 

may economically suffer below the minimum standard of human subsistence. Their social 

and economic reproduction may be threatened that they often lack a due provision to function 

as a laborer. They may suffer in the street since they have no shelter, which contravenes a 

basic right to a decent housing in the commitment of UDHR. We may have a due kind of 

reference that UDHR would prescribe a standard on the current status of social justice. It is 

obvious that virtually no human can have a pleasure to face with the reality of homeless. How 

do we have a pleasant sleep if we have been disposed palpably on their case? The rulers and 

public administration would be responsible as we learn on the ethics, public value and other 

sources of moral administration (2005).  

 In Korea, the unemployment rate has sharply increased in the first and third quarter 

of 1998, 5.7 percents, 6.8 percents, and 7.3 percents respectively (KBA, 1998). The so-called 

IMF crisis began in 1997, and the firms or enterprises executed massive layoffs in the 

initiative of rationalization of their business. According to the statistics of Labor Department, 

the Poor Household Loans for the unemployed sharply increased from 65.5 million dollars 

per month through 113.2 and 117.3 million at the end of year. This data implies that the 

unemployed began to exploit the governmental loans to subsidize their living. In other words, 

the subsidies and pension alimony could no longer support completely to meet their basic 

needs. The Labor Welfare Foundation also managed a public program about the 

unemployment loans, but the terms and conditions were tougher to frustrate many 

unemployed workers (1998). It was ambitious to rehabilitate all scope of unemployed 

workers, but the loans actually was provided only for eight cases during eight days in the year. 

This program has envisaged drawing the funds by marketing the unemployment settlement 

securities, but the goal proved impractical by selling only 12.8 percents of securities in the 

stock market. It affected an initial plan so that it was reduced seriously and viewed as one of 

critical policy failure.  

The government initially shaped the plan to create 270,000 jobs by inputting 544.4 

million dollars, but the unexpected growth of unemployed required an additional allocation of 

funds in the same (1998). A public project committed to the increase of employment 

purported to ensure a basic right to subsist as well as create the jobs. The factors to be 

considered would be a marginalized pay, which would be a principal driver for the 3D (to 

avoid the dirty, dangerous and difficult jobs) vogue in the society. One other point in 

consideration is to frame an adequate policy vision and its operation in an interplay with the 

public aids and social welfare program, which were intended for an ineligible person from the 

unemployment insurance ambit. It is critical to systemize an institution to clarify whether or 

not the public project on labor, in its quality, is social welfare or labor based. The factors to 

be taken care of would be that the issue is familial as well as personal. Hence, the policy 

makers need to shed a light on the starved students in the school. Therefore, it could be 

timely to provide a free lunch from the next year, 1999 and could be afforded in the vacations. 

One difficulties lie in the status of schools about the availability of space and other practical 

strands, which troubled the uniform fashion of administration. The context of 1998’s Korea 

exhibited a serious injustice between the cause-arouser and victims of society. Many critiques 



79 

 

were conceived that the management and capitalist class could be culpable to bring the 

anomaly of national economy. However, the economic and social benefit for the Chaeboland 

haves inclined to expand while the lower income class was stigmatized to suffer. They were 

often deprived of a due status in the employment relations and could be dismissed without 

any due respect and at the will of employers. The distributive justice may well be seen 

seriously depraved by the dip between the haves and have-nots. The social injustice 

henceforth would come into any serious context. It then fell within the responsibility of 

public administration beyond the private sphere. Unless they were responded with adequately, 

they would get worse to a homeless status and the crime rate for economic reasons would 

likely double (Frederickson, G., 2005). A disorganization of family could frequent and harms 

on its value would be challenging. The foundation of society would be put into a jeopardy. 

Concerning the homeless issue in Korea, we consider two classes of homeless people 

between the long-settled vagabonds and dismissed employees in the close years of economic 

decline. As the latter class often are similar so as to falter from the social alienation, members 

of disorganized family, marginalized economic status, the classification would less 

powerfully serve the policy response. With respect to the national attributes of homeless issue, 

the temporal response to provide a labor opportunity or free meals are not seasonal to attain a 

more effective outcome. A major portion of homeless in Korea are the fifties in an age range, 

and the success of British case could give us a lesson. The practice to afford the social safety 

network in the United Kingdom would yield a best result than any other alternatives, which 

led to a drastic contrast of 1-2 percents in the age range of fifties. Hence, a systemic provision 

leading them to rehabilitate as well as the housing welfare program would be seriously 

explored in the forefront of decades (Frederickson, G., 2008).    

The Concept of Justice and Social Equity 

Justice and social equity often arose to be public ideals that the respective branches 

of government pursue and undertake to struggle through their professional lives. Two 

dimensions in structure or in the least some of hypothesis other than this preserve would be a 

politics and civil capitalism. The politics or political science would concentrate on the power, 

structure of government, political process as well as the virtues or criticism that the specific 

or universal context of political community need to be addressed or contended. In view of the 

rule of law or public administration, they would rather be akin to the creation of laws than 

implementation of them. The views of W. Wilson elicited appealingly, “it must be harder to 

run a constitution than to create it” (Frederickson, G., 2005).  The ideals could be shared by 

both minds. However, the political scientists often would travel in any philosophical 

relativism so as to be submissive to the interest of their core theme, say, the political power. It 

often proves in a convincing force and tack of experiences that the public administrators, 

including the judges or lawmakers, particularly incumbents or those of majority parties, 

would be armed with the concepts and practice through their course of responsibility. Given a 

justice is received in the sort of social quality, the two concepts would be related in any same 

tone, logic or metaphor leading the ethics of public administrator (Frederickson, G., 2008).      

Both concepts have projected into the western intelligence as a persistent and 

enduring guide to practice the ethics of rulers which would hardly be traced nor supervened 

by other ideals. Monarchs, oriental or western notwithstanding, often recourse their daily 

business of politics in this way, and stressed the sublime status of justice or social equity 

although they might be more eagerly disposed to expand their terrain or threat to his might or 



80 

 

political power. The socialist states had been notable to cherish this logic, which would go 

farthest to entirely revolutionize the traditional virtue of Christianity or prevailing thought of 

Republicanism. The concepts have been embedded on the very notion of human disposition 

as we have been illustrated in the Cicero’s subscription to justice in fundament of his ruling 

philosophy. In the ancient times, justice may converge to the same destination between the 

ruler, who often would be one person and as discarding a check from the Senate, and political 

community. The ruler’s justice also would be a social one. The context would transform if the 

public governance began to practice on the free election, equal vote, and representative 

democracy. The deliberative nature of democratic tradition may negotiate to bridge the kind 

of conscience, justice, equity, often being ascribed to the absolute figure only, with the 

science, due process, as well as the traditional virtue of western society. Therefore, the two 

concepts would not differ, but come congruent to serve the realities of public governance, the 

ruling and ruled, ethics and community, and in compliance with the pleasure of ruler or that 

of citizenry as its equivalent in modern terms (Meyer, M., 2008). It could be antithetic to the 

general thesis of liberalism if to speak for the absolutism of pure market, and could be 

mediated in a lesser force if some stress the institution of free market as in Hayek and ground 

laws to support the system. As the laws become complicated in the public pressure and 

political voice, the social legislation would be coupled to impose an implementation of social 

equity. Hence, the public administrators in the contemporary society need to meet a dual 

challenge to address, which could be granted in any inviolable context and in ultimatum.  

       Threats to Justice and Social Equity: Less Courageous 

In this structure, we derive two strands that they are shaped. First, as Frederickson 

mentioned, the public administration put any more strains and emphasis on the 

implementation of policy rather than the creation of them (Frederickson, G., 2005). Of course, 

they may develop their career later as a law maker or could serve more effectively. However, 

the policy implementation or the concept of law in action would be unique to be exclusively 

reserved for the group. His argument on the poverty and increasing inequality between the 

haves and have-nots are imminent for the public administrators to respond with (2005). His 

message is straightforward and reflexive since the antigovernmentalism is largely impractical 

at this point of time. His attribution about the basic propensity of American citizen, as 

philosophical conservatives and pragmatic liberals, seems to be generally universal in my 

surmise of global public (2005). Of course, still in contention can it be argued in the first 

prong, hence, we may go to ask what we like to conserve or make it inviolable. In any 

notable interplay or in general complacency about the demise of ideology, that question 

would often be dealt in a secondary profile or impossible to be resolved in any mutual 

agreements. Then the second prong would be operable to impose a duty or moral leadership 

to be subservient about. In this backdrop, the justice and social ethics would be defined to 

level their playing field on professionalism. It would be honorable objectives and the group 

has to be persistent and continued to mend it, not to end it. It perhaps would be the idealistic 

smacks of bureaucracy who should not tolerate sinful inequalities. The phenomenon, in 

Frederickson’s assessment, is serious so that it is important to ask for whom the policy or 

social program was addressed in any identifiable policy consequence (Frederickson, G., 

2008). It is insufficient to point to the shape, codal language in mandate, structure of policy, 

often expressed in the form of statute and acts whether the social injustice was properly 

prescribed. Hence, the public administrators need to think about the three faculties as classed 

of knowledge, courage, and a quick wit. Often incompleteness or shortcomings are caused by 



81 

 

the lack of courage which is a major challenge in improving the current state of social ethics 

in the American society.     

  Some Examples of Justice and Social Equity  

In consideration of the gaps on this point, and as illustrated in the street level 

bureaucrats, both concepts may be made distinct in epistemology, epithet, and in intellectual 

ways to develop the logic and metaphor (2008). As seen generally, both concepts could be 

used interchangeably, and trigger the same destination practically. The concept of justice, at 

the beginning point, bears two dimensions, which incorporate the individual and social 

strands. For the individual justice, the notion would often be posited in the respective 

condition and behavior of agent, which is processed in his inner mind about the moral issues 

having to do with goods or property. It may be questioned to probe its verity or ethics, 

however, as often deferred to be vested in that particular agent. Consider a father to kidnap 

his early child and abandons her in the deep mountain. Does he act on the terms and 

requirements of justice? We would not attack his act on its face that his act would contravene 

the moral or just requirement. He may suffer a worse poverty which drove him to have no 

way but to discard the early life. Other individual context of background may force him to 

choose or act. The concept of distributive justice may get closer to that of social justice, but 

the proposition employs an extent of historical, economic, philosophical, judicial, and 

political as well as experiential scholarship in flavor (SEP : Distributive Justice, 2013). The 

concept of social justice is a matter of societal concern and based on the science and statistics, 

which could be more tangible and beyond the idealistic posture or status. Hence, it anticipates 

an implementation as its companioned concept, social equity. The individual justice and 

social one may be independently set, but the marginal example can be convivial in the ancient 

sage of China, Mencius. Consider, in perversion from the first case, the adult pedestrian who 

found an early child who are about to be drowned in the river. Is it ethical or does it conform 

to the justice as Plato traveled in his book Republic? Mencius answered negatively unlike the 

former case and the courage is required as a moral agent. Mencius was a pro-goodness moral 

adherent while Xun zi would churn on the evil strand of humanity at its very bottom. 

Transpose, in hypothesis, the agent to be a father of drowning child. The moral requirement 

may shift across the society, and offers the source to be discussed intensely in the 

jurisprudence. We, therefore, can borrow the ideas in understanding the diverse viewpoints in 

bridging the justice, ethics and morality (Meyer, M., 2008). The Good Samaritan law also 

would be one example. As the justice entails this individual domain, it can operate as a useful 

concept to view the phenomenon and social mechanism. For example, the individual justice 

cannot be assumed if the agent is incompetent or minor. They, in a cogency and assumption, 

could not be deemed to make an ethical or moral decision. The criminal and civil laws 

recognize this understanding to institute a law in the case and statutory form. Social equity, as 

hinted, can possess an applied and phenomenological focus to make us possible on the grand 

picture of society. This light of dualism may be ascertained in the long practice of Court of 

Chancellery, what we often call an equity court. The common law court is often ascribed to 

defend the justice, which would be technical, detailed, party-specific, and inquisitive or 

probing. The Court of Chancellery would serve the will of sovereign to redress the injustice 

in a grand and fundamental stage. It may entertain the finality privilege from its character, but 

the modern court is structured and operates in the idea of division of labor. The social equity 

could be reinforced to correspond with the advent of democratic society, which would be 

owed to the development of modern science. For example, Comte’s positivism affected the 



82 

 

intellectual minds of society in any revolutionary influence, and enlightened new waves of 

thinking based on the objective science. 

     A Relationship of Both Concepts 

The concept of justice would be useful to penetrate the politics, public administration, 

and law. It encompasses squarely the ambit of individual, social and administrative domain 

(SEP: Justice as a Virtue, 2013). In the public administration, both concepts would be 

combined to reflect. In reverting to the Frederickson’s point, the gap actually is problematic 

that the levels of administrators need to heed on precaution. As a policy implementer, the 

executives are one organ in assumption to penetrate the line authority in the destination to 

share the uniform concept of justice. The same context was posed in the theory of criminal 

justice system in Korea. Each prosecution officer is deemed in terms of its capacity and legal 

qualification as same in the uniform fashion about respective cases. They are responsible to 

the higher ranks in the sphere of public administration, but not in the level of quasi-judicial 

role. Their quasi-judicial role also manifests to deliver a specific justice so that I consider it to 

be received in any extent to awaken the less courageous bureaucrats or street level ones who 

could be biased or manipulative. In dealing with the cases, a junior prosecutor is same as the 

head of prosecution office. In remedying the social inequity and carrying their official power, 

they would do as same as the president or higher ranks. The concept of justice intrinsically is 

related with the basic attributes of humanity, and hence individual (SEP : Justice as a Virtue, 

2013). As Cicero stated, it enshrines in the quality of ruler, whom the levels of policy 

administrators can be integrated into one ethics and moral direction despite a different mask. 

That said, we can understand the theory of vicarious liability where the court centralizes if the 

officer’s tort is perpetrated in the color of governmental function.  

Therefore, a scientific inquiry and policy implementation to secure the social equity 

can be tightened toward a justice. Both concepts swerve through the myriad of bureaucrats 

and moral administration, which may be leveled from the bottom, mid-ranks and top officers. 

In some cases, the kind of different institutions, as in the example of Court of Chancellery, 

may serve the cause of justice and based on the equity concept. As the science develops, their 

wisdom may respond with the shift in the public value and good. I may state that justice is 

more specific, individual, on the human-element science, universal, but dominantly national, 

and through all the ranks of administration while the social equity is grand, collective, often 

on the quantitative science, grouped, but both national and international, and often urged on 

the mid-ranks work force.    

          Reference 

Frederickson, G. (2008). Social equity in the twenty-first century: An essay in memory of 

Philip J. Rutledge. Journal of Public Affairs Education, 14(1), 1-8. 

 

Frederickson, G. (2005). The state of social equity in American public administration. 

National Civic Review, 94(4), 3138. 

 

Korean Bar Association (1998), The Human Rights Report No. 14, Seoul, South Korea. 

 

Meyer, M. (2008). Revue Internationale de Philisophie - Volume 62 Number 246 - No 4 - 

2008 (Aesthetics). Presse Universitaires de France. Paris. 

 



83 

 

Stanford Encyclopedia of Philosophy: Justice as a Virtue. Retrieved Nov. 8, 2013 from 

http://plato.stanford.edu/entries/justice-virtue 

 

Stanford Encyclopedia of Philosophy: Distributive Justice. Retrieved Nov. 8, 2013 from 

http://plato.stanford.edu/entries/justice-distributive/. 

       

XV. Globalization and Workplace 

Dimensions and Lives of Public employees 

In dealing with the ethics and justice within the workplace, I consider two 

assumptions as important to be reified. The professionals would penetrate the ethics of 

workplace into its projected scale of policy outcome for the addressees and society. Then 

they share to be consistent to create a public good and value which the public administration 

ultimately pursues to realize. In the course of weighing and deliberation, the subtleties in 

distinction could be touched on. For example, the public administration can be made into an 

independent slot that a neutrality should be in primacy other than public policy making, a 

peer concept in this field. As Frederickson articulated, the segmented equality may variegate 

the terms and conditions of equity to be specific, cultural and pluralistic as well as even 

esoteric that would hardly be generalized (Frederickson, G., 1990). Therefore, equity to 

equities and equality to equalities are expected and even desirable to increase a fit of 

distributive justice in response with the sectors and societal progress or diversity. One thing 

may evolve into many things as challenges and opportunities for the public administrators. 

We may ascribe three elements for the administrators to tackle with, i.e., value preferences, 

organizational design preferences, management style preferences (1990). For example, the 

social equity would be intense as involved in the last one. However, we need to ask in 

fundament, “Do we steal popular sovereignty?”  

I revert to say that this does not necessarily require that the two dimensions, 

workplace and policy object in span, have to be severed for breeding them into dual minds 

and attitudes. Still are the elements to converge, and they integrate the workplace and exterior 

object as a policy addressee from the projected ethics. Basics, rules and principles can well 

stay universal and inviolable that they have to ultimately respect (Sandel, M. J., 2010). The 

smacks of bureaucratic professionalism, henceforth, often are habituated with the same tone, 

manner, errand and mission to be a cult in both planes. Often the public would be outrageous 

if the public enterprises, particularly high ranks of justice institution, commit to speak of 

verbal abuse against the females or a racially minority group. That would differ in sensibility 

and expectations of conscientious citizen if any other entities of private nature have been 

engaged. Once President Obama expressed a concern and regret about the unlawful killing of 

minor black boy, who was sacrificed from the prejudice and recklessness by the police on 

public duty. Consider if the American society stands on the public value, such as equality and 

liberty as signified in the Statue of Hudson River. I believe that this concept needs to be 

consistently upheld through the public commitment even in view of a personal imagery or 

impression as well as knowledge, skills, conscience and courage. The White House speech 

may be misimpressed how the black president can make an affirmative statement for the 

same race. I consider it pivotal to make the public emphatic on the American commitment to 

http://plato.stanford.edu/entries/justice-virtue
http://plato.stanford.edu/entries/justice-distributive/


84 

 

the liberty and equality. This kind of consistent multifacetism, what may be seen a respectful 

catch-all professionalism through the personal lives, workplace justice, and a policy making 

or administration for the community, could make it improved and appealing, and diminish a 

public distrust or potential criticism of showcase administration.  

It would be idealistic if the public employees could be a living legacy to be 

constantly diligent for the commitment of public service. It then can make himself, 

organization and his followers identical and armed with the public values they pursue. 

             Globalization as the Workplace Environment, and Public Governance  

In rethinking the workplace justice, the neo-liberalization in some combined 

influence with the globalization may directly or indirectly affect the shape of organizational 

ethics and justice paradigm or practice. As seen in the message of Mittelman, public 

governance could have any more potential and possesses a diverse spectrum to give an 

answer to the global restructuring and counteractive response (Mittelman, J. H., 2002). The 

states had been contested in the absolute logic of economy, so that it brought about two 

points of ill consequence. In the first, economically deprived or uncompetitive entities could 

no longer survive. In other, the national politics are to be enslaved into the global logic of 

capitalism, which increased a prestige of capitalists or conceptually leading states, being done 

in tradeoffs of the wane side of Asian or Latin American leadership (2002). As the driving 

force to an economic interest would be any more powerful than other social factors and on 

grassroots from an universal motive, it can gainsay any other competing alternatives. His 

prediction about the important role of public governance could be received in parallel with 

his suggestion, say, organic intellectuals. A tension and context would be inextricable given 

the stalemate and some of inefficiencies within the free market system or market failure. I 

agree on his point about the stellar mediating roles from the organic intellectuals and 

enhanced concept of public governance (2002).  

In this understanding, we would not become a fool attempting to rewrite a 

globalization script. The new paradigm of public governance would not tolerate a courtesan 

role within which the sleeping states would have passively reacted. It would be based on the 

constructive friendship to discuss, share and implement on consensus. One ambitious scheme 

may be found in the Labyrinthine Tobin’s tax, which may face with tough challenges from 

the local reaction. It may be idealistic as in the neo-liberal experimentalism, but rather 

abstract or principled with lacking a quality of public governance and enforceability. His 

proposition would be received as same as the concept of glocalization, but his thesis has 

persuasively maturated a picture of that experiment. He enabled us to have a histography 

about the application of neo-liberal tenet, particularly based on the experiences and exposure 

to such vulnerable region. The nations, for example, South Korea, Malaysia, Russia, Mexico, 

Brazil, and others, were studied in view of its wake of financial crisis (2002). He considered 

it some way to discipline those in the scheme to adjust for a new structure of neo-liberal 

market economy. IMF conditionalities and currency speculation would be two examples to be 

remarked in impression. A power deflation, in his view, is coupled with the overwhelming 

economic cause about its hardship, which even dismantles some of area on the embedded 

commitment by the national policy makers or public administrators. Erstwhile public 

functions could be discouraged or offset to remedy the dystopia of free market institution 

(2002). Therefore, the tension between the haves and have-nots has stood out within the 



85 

 

course of evolution over the decades. The contemporary dealings enable to witness the 

possibility of global public governance, as we see in Davos forum and many rounds of 

summitry, i.e., G8 or G15. His suggestion, while I also consider as workable and practical, 

for new understanding of public governance in the present context employs three strands, to 

say, organic intellectuals, self-determination or autonomy, and cooperation or pluralism of 

financial affairs.  

                 Japanese Students and Workers in South Korea 

For the example of workplace justice, I may think about Japanese students in Chosun 

University. Japan is an adjacent country, and both countries developed mutually a rich history 

in commerce, war, and imperialistic rule during early half of the past century, as well as new 

constructive partnership in some of mixed national sensibilities on antipathy and cooperation. 

This example would be helpful in reflection with the above promenade in the ethics of 

administration and globalization. The diasporadic cluster of Japanese community in Korea 

recently flourished in many localities of Korea. This would be owed to the globalization and 

enhanced mobility of labor force. Hence, how we perceive and govern this group of people 

would raise a serious aspect of public governance, which may be keenly related with the kind 

of segmented equality in the Frederickson frame. It could bring a diversity in the workforce, 

and the basic commitment on social equity and equality of liberty also are entangled with 

(Cropanzano, R., 2000). As they are workers of Japanese origin and may work in a different 

nature of organization, the equity into equities or segmented concept of justice can be 

embraced for the managers. The generic source of contention also deserves our review across 

the multiculturalism and effective or more efficient management or leadership. A justice 

could be prescribed which depends on the Korean authority, and organic intellectualism or 

autonomy within the globalized arrangement may intervene for the proper shape of 

workplace justice. In this light, the sociological, psychological or cultural studies about the 

Japanese community in Korea could offer a useful reference to make a specific justice for this 

group.  

Societal Expectations from the Cooper’s and Some Solutions 

As we learn, Cooper framed a useful paradigm which could lead to a responsible 

conduct for ethical governance. It covers four elements to interact for shaping a responsible 

conduct, which are multiple to affect and dimensional as classed into the individual attributes, 

organizational culture, organizational structure and societal expectations. By waiving other 

elements, I intend to parcel out the last slot to address the ethical challenges and work place 

justice. The last slot, societal expectations, would possess the quality as universal and for all 

scope of organizations although the Japanese workers involve an esoteric nature of bilateral 

interplay within the national passion or emotion, political and historical resentment, and 

cultural differences. Other three elements could make it distinct the process of forming an 

ethical decision and responsible conduct in varying with the purpose of their stay in Korea 

and organizational culture or structure. In the updated statistics, the Japanese community 

within Korea has grown, and most of Japanese residents are reported to engage in any quality 

job, such as research, teaching, technical assistance, professional work, and so (Lim, Y.E. & 

Huh, S.T., 2012). The purpose of stay would fall in comparison between the male and female 

workers as shown in the chart below. 



86 

 

(Figure) 

Natio

n 

Sex Trade and 

Managemen

t 

Universit

y 

professor 

Japanese 

instructo

r 

Researc

h 

Technical 

counselin

g 

Professiona

l work 

Entertainmen

t and arts 

Japan 

  

Male 59 147 104 335 5 5 24 

Femal

e 

0 77 258 11 0 0 8 

How to address the workplace justice and create any specific ethical decision, as we 

confirm, highly depends on the types of organization and its mission or work frames, as well 

as its culture and structure. It requires, however, of proper response to the societal 

expectations. As the workplace is educational and pursues a philanthropic errand to teach, 

breed, and research, the equal treatment, social equity and non-discrimination would be 

cherished and should be shaped in response with the societal expectations. The public 

administrators, in this aspect, need to heed on the segmented strands which could possibly 

counteract that important public value, i.e., the workplace equality on aliens.  

First, the antipathy among two nationals may distort their due status which could 

threaten a fair treatment. From the qualitative research on an in-depth interview, the Japanese 

residents, of course including the students in Korea, would suffer a fear and apprehension 

from some less friendly attitude of Koreans. As Cohen and Safran elicited, the history is a 

primary source to offer the personal trauma of diaspora, particularly originated from the 

kindred-ship, national identity and trauma to disperse. In the interview, one aged Japanese 

male lamented, “some Koreans are friendly and benevolent, but a large number of them are 

not sympathetic or alienating perhaps because of sad imperial history” (2012). 

Second, the worse factors to affect an equitable treatment also are related with the 

false understanding of history and a chronic contention of real issues, such as high school 

history textbooks, comfort women, and territorial claims of Dokdo, as also noted Takeshima 

in Japanese. This aspect must be a focal point in education and in the purpose of increasing a 

mutual awareness (2012). It also would be the strategic subject to create a harmonious ethos 

among workers and students, as well as a peace in the work place. It could be a precursor to 

induce the discriminatory consequence against the Japanese students or workers, which has to 

be tactically responded with. An education and informal fraternity could work for the 

congruent workplace in justice and effective multiculturalism. 

                                                Reference 

Cropanzano, R. (2000). Justice in the Workplace: From theory To Practice, Volume 2 

(Applied Psychology Series), Mahwha NJ: Psychology Press. 

Frederickson, G. (1990). Public administration and social equity.Public Administration 

Review, 50(2), p228 (10p). 



87 

 

Lim, Y.E. & Huh, S.T. (2012), The Diasporadic Cluster of Japanese in South Korea, and its 

Cultural Identities, The Journal of Northeast Asia Research, Vol. 27. No. 2, Gwang-ju, ROK : 

Chosun University Press. 

Mittelman, J. H. (2002). Making globalization work for the have nots. International Journal 

on World Peace, 19(2), 1-23. 

Sandel, M. J. (2010). Justice: What's the Right Thing to Do? New York, NY: Farrar, Straus 

and Giroux.  

  

 

XVI. The Responsible Administration, Ethics and Justice: Two Illustrations  

  from South Korea and Some Reflections about the Public   

   Administration Studies 

The National Assembly of Korea and Nature of Organization 

 I chose the National Assembly of South Korea (NASK) for the purpose of final 

assignment, and shall apply the hypothesis as well as typology of ethical analysis on 

philosophies and corners of ethical virtues. This work would include the ethical challenges 

seriously debated in the near past and present days of NASK. As a public policy student, I 

intend to frame recommendations to produce a better picture to resolve the conflict of ethics, 

and explore factors to affect an implementation (Hicks, D., 2013). I finally draw upon the 

outcome of suggestions. While linking the two cases with the philosophies and theories to 

ground an intelligent basis of public administrators, I will discuss two implications about the 

ethics and responsible administration within the collegiate body as well as new orientation of 

academic response to the changing world politics, economics and society      

 NASK has long been an indispensable organ incorporated within the Korean 

constitution since 1948, and the practice or institutional tradition can be shared as same with 

the universal context. Even if the parliamentary system of government may be discarded by 

the constitutional drafters as in Korean cases, the assembly body, mutas mutandis, the 

Congress or Parliament would sustain for a public governance. This tradition would perhaps 

be more strong as in the Socialist states in Duma or National People’s Congress of People’s 

Republic of China. In a suggestion later drawn to bridge the Orient and West or Socialist to 

Liberal by focusing on the ethics of ruler and ruling class or social justice, it bears a 

perceptive implication that NASK operates as a collegiate body (Laureate Education Inc. a, 

2013). This implies that the collegiate body, as structured within the constitutions, is 

indispensable and centralized in public administration. NASK can well be viewed to mostly 

share the universal qualities and attributes when we surf onto other global bodies in any 

comparative politics or constitutional study. It is chaptered in the first of government 

structure in the Korean constitution, comprised of the elected congressman, exclusive 

legislative power and supervisory role to monitor other governmental branches, privileges 

and immunities ascribed to the members, the fixed constitutional term on their service, 

restrictions in double-posting and so.  



88 

 

 According to the Constitution, the election will be held in four years to reshuffle a 

previous body and for the new term. The last election was held in 2012, and was denoted as 

the 19
th

 congress in the constitutional history of Korea. The election requires the members 

directly chosen by the people, but some quota basis approach was introduced to assign the 

members based on the total number of votes for a respective political party. Sanenouri, the 

ruling party of Korea, had been successful to achieve a majority status in the last election. 

Minjoo (democratic party in English), a major opposing party, also acquired a fair number of 

seats able which became able to influence their political ethos and goal. Some groups may 

like to explore a constitutional reform, who advocate the parliamentary system of government, 

but merely hover around the academics or distinct group of politicians. NASK currently 

operates under the 1987 Constitution based on the presidential system, and the chance to 

transform would largely be seen improbable in any recent years. Hence, NASK is generally 

considered to execute their constitutional mandate on the separation of powers principle, 

which only takes a part to integrate the national policy, neither a center of government unlike 

the parliamentary system. However, the party system often dominant in the contemporary 

politics would mediate the president and NASK, which also would be a case in Korea.

 As the social justice and virtue of Republican democracy still largely are the factors 

of political contention despite the commonalities and divergences over history, the type of 

collegiate body would certainly be the forum where the nature and state of social justice 

issues in a specific national polity are to be debated (SEP : Economics and Economic Justice, 

2013). This would not be an exception in Korea. While Korea has practiced the constitutional 

democracy since 1948, NASK often had been less powerful or usurped, in some sense, below 

its expected role in the Republican democracy or liberal politics. This means that it has, most 

of times, generally be seen a feeble institution under the kind of charismatic presidents. From 

his personal background, Syng-man Rhee had been strong as a national leader of 

independence from the Japanese imperial rule. He had a hereditary affinity with the Chosen 

dynasty and one of most enlightened intellectuals educated in the US. Chung-hee Park also 

ruled in any absolute hierarchy beyond the congressional check and balance, which had been 

a root basis in his militaristic might and growing quest to national industrialization and 

economic development. Chun Doo-hwan, who had reigned during 1981-1988 and one of his 

protégé, would largely be disposed in some similar fashion, who ruled the country in his 

personified way. The constitutional institution and system were be neglected or disregarded, 

and the personal network prevailed. It is, however, interesting that the theme of social justice, 

in his period of rule, made a debut in the Korean politics, at least in the parlance of 

government owing to the enhanced status of national economy (2013). The role and 

performance of NASK, therefore, largely depends on the constitutional system and political 

culture in a specific country. In this respect, NASK, who could be considered as leveled with 

the western counterpart in its culture and performance, has truly begun since the 1987 

constitutional reform and Roh Tae-woo’s administration.  

    Two Ethical or Societal Issues  

 The First Case 

 For the purpose of illustration, let me pick up two issues which possess a different 

characteristics in terms of the classic liberty and nearer concept of social rights (Universal 

Declaration of Human Rights, 2013; Crocker, L.H., 1980; SEP: Positive and Negative 

Liberty, 2013). The first example, contended in view of the ethics or social justice, aroused a 



89 

 

public attention about the conflict of interest (Hicks, D., 2013). It poses the challenges, in an 

analogous context, concerning many issues and agendas of ethics and administration, such as 

Russian Mafia or Chinese trauma of corruption, although its substance involves a small ambit 

of national pension for the retired congressmen. Therefore, an ethical dilemma of the issue 

exhibits a good aspect of discussion about the liberty, equality and social justice, particularly 

from a perception about the ways of operation within the collegiate bodies (Cooper, T., 2012). 

The second example developed in the context of municipal program concerning the child 

subsidies. Seoul city, in the initiative to promote a political philosophy and social justice, has 

endeavored on the program, which now faces a difficulty from the worse national budget. 

The issue progressed contentiously and in any intensity of public controversy, which had both 

strands amenable to public criticism as well as progressive activism. It shows a fine context 

of political interplay, the concern of which spans over the roles and responsibilities between 

the national and local governments, as well as the political ideals both major parties engineer 

in continuance. A contention and disagreement on this issue had fueled a major debating 

point in the mayor election, and no candidate would be convinced of his unwavering 

probabilities about winning the election. This would go as same in the 2014 local election 

since the program also was not supported this year by the national budget.    

 The Pension Program for the National Assemblyman in Korea (PPNAM) was 

pursued around 2009, and the statute has passed in Mar. 2010. Since 2013, an implantation 

was secured through the 2013 national budget approved by the national assembly. The 

official title of statute to ground the PPNAM is the Supportive Act of Democratic 

Constitutional Rule in the Republic of Korea (SADCRRK, 2013). The Act provides in its 

pertinent article, “the National and Local Government would grant the subsidies in the 

purpose to meet the cost and fund which are deemed necessary to support the operation of 

Democratic Constitutional Association and its senior members above the age of 65 (2013). 

To put it simply, the goals of statute has been intended to support the former and standing 

congressmen, who only could enter the Association and obtain its membership. So it has the 

nature of seniority pension program on the condition of its membership, which at least one 

chance of successful candidacy and qualification as a congressman is required.  

 The Second Case 

 Other ethical issue for the National Assembly involves the Free Fostering Plan of 

Child (FFCP), which has led to a serious public debate about the social justice and feasibility 

of that plan (AECFP, 2013). There had been factors to affect an implementation, for example,  

excessive budget or incidental irrationalities from the unrefined system (Cooper, T., 2012). 

Often it was put in contrast between the opposing party, Minjoo, and conservative ruling one, 

Saenuori. As the local election for a Seoul mayor profiles so high in view of Korean politics, 

the parties most always do their best to attract the voters and persuade on their strengths of 

public policy. Seoul citizens often are an educated intellectual who can assess the policy 

issues and their consequence, who are large to account for one fourth of national populace. 

Seoul is also the province of contention with a half to half cut leading to any decisive margin 

for key national elections, such as Presidential and National Assembly. The Plan particularly 

gets to be problematic since Seoul also is required to be responsible for many social programs 

including the Free Food Program for the Middle and High Schools and because of its 

pressing political gravity between the two parties (Korea JoongAng Daily, 2013). I now brief 



90 

 

on the feature of that programs, the issues and challenges, points of assessment as well as 

factors to affect an implementation of both Plans.  

    Key Social Justice Themes  

 The First Case 

 The ethical dilemma of this program contributes to the worse public sentiment as it is 

problematic in view of the public conscience and reason (Chosun Daily, 2013). The kind of 

program was not unique in Korea, but a scope of developed countries enacted and 

implemented such policy. They generally are, however, considered as designed reasonably 

and in the permissible fashion. US, UK, Germany and France could come within this class, 

and Japan has recently abolished the system. PPNAMs in these countries mandate a stern 

classification about an eligibility to the pension money, and the sum was not fixed unlike 

Korea. It maintains, however, a sliding system on the calculation method which pertains to 

each specificity. Let me tender an extent of its flaws and weaknesses. First, the scope of 

eligibility is rather comprehensive and too generous to disable a prudent assessment about the 

merits. The Act provides ten disqualifying causes in this end, yet to be insufficient because of 

its ambiguities and catch-all dealings inoperable to exclude an impertinent beneficiary. The  

practical consequence of this flaw would be that the assemblymen can claim a monthly 

alimony if to serve a short of one year only. This contradicts a prevailing concept and social 

justice for which the national pension system is directed. Second, the system would be vile 

since it did not filter the context of other pension beneficiaries. This means that they may 

exploit a dual receipt of pension, which doubles their retirement income and causes a social 

injustice in terms of public welfare. Even for the unworkable scope, e.g., a retired wage 

assemblyman, the pension would purport to ensure a basic level of human subsistence 

without the labor. The ideals would be disserved or perverted by allowing the same or more 

compensation for whose labor cease. This multiplicity problem is now debated around many 

drafts of pension programs, for example, the National Pension Plan (NPP) and Basic 

Subsidies Program of Aged People (BSPAP). In the case at matter, the alimony is ten times 

bigger than BSPAP, and NPP requires a contribution from the beneficiaries. Hence, the dual 

or multiple eligibility obviously comes more serious in PPNAM. 

 The alimony monies are rather gross in amount. According to the 2009 statistics  

from the National Pension Foundation, the spouses residing within Seoul are entitled to 1,100 

and 1,008 dollars on a monthly basis since 2006, who contributed an installment during 219 

months and 218 months respectively (Chosun Daily, 2013). This means that 18 years of 

contribution of statutory sum in each month could only qualify them to as less than 1,200 

dollars. In comparison, an alimony for the retired congressmen, which is set at 1,200 dollars, 

outpaces it. One day service in the national assembly may bring a more economic benefit 

than the earnest and honest middle class of Korea. The NPP now undergoes a downward 

adjustment from the public pressure, but the alimony for them would be adjusted upward as 

corresponds with the price index. This leads to the challenges about the public sensibility of 

justice, equity and equality (SEP: Economics and Economic Justice, 2013; Cooper, T., 2012). 

 The Second Case 



91 

 

 In the second case, the Plan, around Mar. 2012, was designed to promote a social 

reproduction if the nation was in the face of radical decline within the birth rate. It was 

pursued by the national government without an exception and on no discriminatory basis. The 

government applied a scale to increase the subsidies amount, but it has made no significant 

effect on the parents since it was less effected (AECFP, 2013). The parents may commit their 

children in some time frame to the public facilities. Besides the subsidies, however, an 

additional expense falls within the responsibility of parents, such as that for the education or 

activities. More problematic would be a serious confusion and unpredictability in the floor of 

public facilities, which stems from the lack of standard, rules nor ethical guideline on the 

subsidies system (Korea JoongAng Daily, 2013). The system is entirely on the basis of 

financial contribution by the direct transfer of currency amount. This serves a distortion of 

system in an intense competition for cash, and undermined the public value of fostering 

service, the kind of utilitarianism, an expansion of public infrastructure, as well as a liaison or 

network concept in bridging the private and public for the maximization of happiness. A 

particular note on the increase of the Household Fostering Service would show a floating 

away of public commission and trust, but it merely expedited the private enterprises to 

exploit as their income source. A tremendous amount of budget actually made a lesser effect 

since the quality of service provision and cost management were neither officially nor 

institutionally controlled (Reichert, E., 2011). This factor baffles a more efficient outcome. 

The Plan also has a critical flaw which was failing to exercise a policy survey and assessment 

concerning the addressee’s class. This failure is a principal culprit for the abusive and 

imprudent vagary of clients, “file first and wait to see.” On this basis, the true addresses in 

need of public fostering service could get in a secondary priority or excluded eventually from 

the benefit of service. 

   Major Challenges and Factors to Implement 

 The First Case 

 A problem of the first case lies in the fact that it contravenes a basic promise and 

frame of public pension system in that no installment was exchanged for the bargains of 

eligibility (Chosun Daily, 2013). This way of dealings is prevailing and basic on the kind of 

system, as we see in NPP, BSPAP, and National Pension System for Teachers, as well as one 

for governmental employees. This point comes central that most of the conscientious people 

expose their sentiment and get to be disgruntled. It aroused them that the social justice and 

equity was either in imbalance or undermined. Other problem lies in the vulnerable system of 

monitoring and feedback. As said, the exculpatory clause enters the scope on exemption or 

disqualification (SADCRRK, 2013). The causes are vast to pertain to the initial determination 

of eligibility. Nonetheless, the regular device to check a qualification needs to be 

strengthened. The chief of Association is able to ask a submission of evidence to support their 

continued status as a beneficiary. However, it would be needed of mandatory as a matter of 

law. Other more enhanced system to ensure a continued check-up for eligibility would be 

desired.  

 The controversy about this system has not been just on the public, but surfaces as a 

one of hyperboles within the political parties themselves (Chosun Daily, 2013). The Budget 

and Audit Committee of National Assembly (BACNA) prepared the white paper, which 

includes a reaction and resilience of the people in concern and dissatisfaction. The critical 



92 

 

points in this paper would be same as briefed that the basis to pension benefit is stripped 

solely with the age requirement. The elements often factored as a standard in the public 

pension system, such as income, assets, an employment years, had been waived. That would 

transgress the ideals of frame instituted in other occupational pensions or National Pension. 

The controversy became especially serious since they are norm creators and receivers of 

norm. The ethical dilemma within the conflict of interest as well as prejudice on their position 

power and privileges enhanced a public contention and criticism (Hicks, D., 2013; Cooper, T., 

2012). This aspect was geared up by the media and public press, which heralded an informed 

disclosure about the issue. A short service assemblyman and the criminals upon the 

termination of prison terms would not be excluded which could be sufficient to question its 

ethics and social justice (Laureate Education Inc. a, 2013). A dual or multiple receipt and too 

much alimony were also pointed out in the paper. One other critical flaw was illustrated that 

the system avoids an eye from the economic condition of national assembly man or his 

household.  

 The Second Case 

 We now turn to see the challenges and factors to affect an implementation of the 

second policy, which, amongst of all, could be encapsulated into three points of consideration.

 First, the budgetary constraints distort the Plan and lead to a complex ethical or 

social justice dilemma. On the last day, 2011, NASK approved an increased sum of budget 

from the governmental proposal covering the subsidies amount for the 0-2 years children 

(AECFP, 2013). This social benefit was fixed in a scheme over the years whose income 

ranges as lower than 70 percents. A scope of social welfare programs often have been 

pursued in a match with the local governments, which, as a corollary, require an incidental 

local budget in the process (Korea JoongAng Daily, 2013). As the Plan was released on 

public notice, new demand increased dramatically and the required budget amount doubled. 

The national conference of city majors and province governors forecast an increase from the 

50 percent households to the point around 70-80 percents, who commit their baby for the care 

of Plan facilities (2013). The local governments, largely troubled on an unsound budget and 

often vulnerable in the state of financial independence, have to undertake the Plan by creating 

a heavy debt and owing to the absence of sufficient intergovernmental coordination in 

advance. Jong-bum Lee, who is a chief administrator of local governments, lamented, “The 

subsidies for the Plan would be drawn in the form of matching funds, and usually in the half 

to half ways between two governments en toto, which depends on a specific condition of 

respective local government. NASK miscalculated the number, 30 percents households 

disserved in the past, and expected 3.7 million dollars to meet the demand. The new demand 

unexpectedly exploded that the financial burden of local governments amounted to as high as 

7 million dollars” (2013; Reichert, E. 2011). 

 The National Planning and Financing Department and other agencies shared an 

expectation that the budget basis will be drained within about 10 to 17 local governments in 

June and July, 2012. One Seocho-gu officer said,  

 “Seocho-gu would be most serious. Other adjacent prescient would be supported with 

6o percents share from the central government, but ours would be as less as 30 percents. This 

means that we will have to discontinue in this June because of the financial unfeasibility” 

(2013)  



93 

 

 One rank officer of local government also deplored,  

 “The residue from the last year was officially transmitted to the local government in 

May. However, this monies already was planned to complement the shortage of NPPAP and 

other public projects. Then the monies would not serve any fiscal deficit from the FFCP. Any 

more drastic measure only could save the current dilemma of fiscal impasse” (2013).  

 FFCP was designed and attempted absent any consonance and prior consultation 

with the local governments, and processed in the NASK. This anomaly from such unilateral 

initiative should be put on the shoulder of that responsible dimension, i.e., a central 

government.  

 As the FFCP began to be implemented, over new five hundred public facilities had 

been recorded through only two months period, Dec, 2011 and Jan. 2012. Only 35 were 

national and public facilities, but other 438 private ones increased in number by twelve times  

to the former Plan (2013). This course of multiplication also went same in 2005 and 2006 

provided that a subsides amount on the basis of facilities diminished as well as that on the 

children basis increased. We can chart a same mode of progress that the private or a free 

home fostering form multiplied, that a competition to induce the children intensified, while 

the pursuit of commercial interest swaying as unethical. The national or public facilities got 

marginalized in number as less in 5.3 percents, and the private facilities predominated a 

provision of service. The policy goals from the Plan had a central focus on the expansion of 

subsidies amount, and the increase of infrastructure or facilities was on the list in policy items, 

but set aside because of an insufficient budget. This critical flaw virtually paralyzed the Plan, 

and well calls upon its halt or suspension. A focal attention from the consumers of Plan 

would rather sees a trust and credibility related with the quality of facilities and adequate 

management or supervision. Given the burden from an additional expense, the Plan’s primary 

goal would less effectively work (Cooper, T., 2012). 

 A use rate of fostering facilities for the 0-2 years children amounted to 50.5% in 

2009, which allows a third spot in the OECD statistics. This rate is too high in factors from 

the OECD recommendation that 30% would be adequate and the home breeding would be a 

better option below the age two. Korea surpassed the recommended rate four years ago. Only 

Holland and Sweden outranked Korea by 83 and 66 percents respectively. Their case would 

be distinct that 72 and 76.5 percents of parents are working while Korea shows only 29.9 

percents of parents on the employment status (Korea JoongAng Daily,2013). This statistics 

shows that no strong reason afforded a ground for such high rate of subscription to the public 

fostering service in Korea. This trend principally seems to be caused from the unsavory rush 

of parents, which perhaps would be from the intuition of free riding and any hallucination of 

loss. No genuine concern seems to be posited on the committing parents. This trend is 

certainly inimical to the most seriously interested households, say, working mother homes. 

The system legally misled a consumer’s classification by exclusively relying on the number 

of children for each facility, as well as the “first come first served” dealings. The housewife 

mother homes can petition earlier to frustrate a working mother. From the launch of Plan, 

their propensity got worse to consume the whole hours as maximum as possible and legally 

entitled to them (AECFP, 2013). 



94 

 

 It is a postulate dominantly accepted that an affinity and pathos created around the 

earlier years of children as 24 months is determined to form a healthy psychological ego, i.e., 

social attitude, personal emotion, and trust relation in later years. A stable affinity and pathos 

in these years also affect to develop their brain or mental capacity, and autonomy as well as 

maturity of an ego later years. Otherwise the children would suffer a mental dip about an 

aggressiveness or brutal hostility and degradation of self-confidence or sense of trust. Any 

best way to increase the affinity and pathos of children is a mother’s hug that needs to be 

frequented, and some intimate contact with a biological mother. Ericson, an influential author 

in this area, particularly stressed the importance of early childhood and intimate relationship 

between the mother and child. Myoung-hee Ahn, a professor of psychology in the Seogang 

University, also adverted,  

 “The mother plays a role to bridge the world and child in his or her earlier years. The 

children can develop the character and intuitive power to overcome a frustrating pressure or 

strains. A lack of this phase in earlier years often causes a self-suspect and distrust of the 

exterior world. Korean tradition once would be a paradigm that the western household 

worshipped to follow. That now is no realities here” (2013).  

 A public employee, named Hye-jeong Choi, served five years to provide a fostering 

assistance and said,  

 “She is discontent with the Plan. The children committed to her care, all through the 

daytime, are crying for her biological mother, and the apparent context of subsidies benefit 

usually incurs an impulse of non-working housewife to ask for long hours of care.” She now 

works in the Seoul Child Facilities, which operates from 7. 30 in the morning through 7. 30 in 

the evening.” 

 A tax abuse and additional expense burdened on the parents also pose the challenges. 

Some of the fostering facilities enforced a wholesale increase of incidental expenses for 3-4 

years children although they focused on the five-years group. This practice urges a follow-up 

investigation and adequate policy response at the national scale. The government granted 

subsidies in sum on the basis of law, and the facilities often should neither trade off that nor 

even increase the cost from other justification (AECFP, 2013). This could make a policy 

effect by never reducing the pocket expense of parents and because of the tremendous 

amount of budget, i.e., 1.2 billion dollars. Their basis to increase an incidental charge is 

ambiguous, such as the heating cost or event expense. Nonetheless, the local governments, a 

principal actor to supervise the system, have not performed any research nor initiate a 

supervisory command to ensure the transparent administration. This status, highly 

irresponsible and neither fiduciary nor ethical, forecloses the initial ambition of this plan, 

which would practically be obvious over ten private facilities at the urban Seoul (Cooper, T., 

2012). 

 The fostering administration often does not function in the public trust and credibility, 

which would likely be from the unethical and interest-driven owners. A short minute of care 

legally entitle them to claim the subsidies so that they often prefer a housewife children rather 

than those of working mother. It is highly selective that an easy access to the facilities was 

baffled. As the quota of children increased, the quality of service would degrade and a 

workload of fostering teachers gets tougher. The benefit ascribed to each party also shows 



95 

 

that the policy grossly favors the fostering facilities, which, in dollar amount, 800 for the 

facilities, 400 for parents, and 200 for the fostering teachers (Korea JoongAng Daily, 2013).

  

Finally, a geographical disparity can undermine the equal justice of this policy 

varying with the quality of fostering teachers and their service provision. The government 

implements a guideline on the work frame in time, which is from 7 in the morning through 7 

in the evening. If the work frame would change to extend, the paper work of fostering 

teachers would add making it a twelve hours cumbersome work. Their compensation might 

be halted in some cases, which also got worse depending on the fiscal state of each local 

government. The fostering teachers tend to leave a deprived region for the high income 

locales, which often are populated with the working mother houses. A reform alternative to 

improve the facilities is dispensed by the terminal officers or owners which undermines the 

sense of pride and personal decency. However, they do not have an effective means to raise 

their political voice. That is because the fostering teachers are not represented collectively 

unlike the owners of facilities. The unethical owners often see a headcount of children as 

their income source, and some fostering teachers are incompetent or uncommitted. This 

context could impact seriously to the disadvantage of children. For the children of 0- 2 years 

range, a shortage in the supply of teaching servants poses a greater challenge, particularly for 

the locales of province and in the agricultural area. In case of Chung-chung Province, the 

necessary fostering teachers would be around 7,000 from the whole quota, 600,000, while the 

practical force is 6,000 in number (2013). For this reason, the quota often was not satisfied 

from 80 percents and even lower as 6o percents in the agricultural area. Three children would 

be assigned to match one fostering teacher, but the context is not being implemented as 

schemed. One local employee of government urged, “a special policy response needs to be 

shaped. Otherwise, the ambitious plan may be accused of perpetrating a serious 

discriminatory consequence” (2013; Reichert, E., 2011). Thirteen facilities among fifteen in 

Young-dong failed to recruit a requisite number of fostering teachers. Some provinces 

enacted to reimburse a special compensation in some small sum, but likely effects less.  

   Recommendations and Outcomes 

 The First Case 

 BACNA reported a policy suggestion to remedy the identified problems, which is 

encouraging and on progress. They perceived a controversy in competing policy goals, i.e., 

an integrity and sanctity of congressmen as a constitutional agency and the acceptable design 

of system. They are required of high standard of position ethics from the Constitution, 

statutes and internal ethical code, but the support of senior members, who could be 

economically deprived, is lacking. This context was responded, as said, by an enactment of 

the pertinent laws across the developed countries. Korea has already entered an advanced 

status, which requires exploring the needs of system more seriously. It increases a point of 

persuasion provided that the nation has long afforded an affluent public pension for the 

military personnel and government employees. BACNA adopted the alternative to go with 

the current system as is, while simultaneously launching the task force to be responsible for a 

revision. The revision project would begin with a collection of ideas and opinions from the 

incumbents and former national assemblymen. A first priority was suggested that the 

administration unit of NASK reviews the merit of sliding scale as well as the linking 



96 

 

possibilities with NPP (Chosun Daily, 2013). Their long term ideals would remain as same 

that it is required and ethically rewarding to support a financially vulnerable and aged 

assembly man. It comports with the requirement of social justice for their contribution and 

devotion to the nation. Therefore, their viewpoint on this agenda basically agreed on the 

fundaments of this system, but urged the need of political process for the popular support and 

sense of justice, as well as the equality and equity. The reform voice is not solely for BACNA, 

but the major political parties are active to modify the system toward a more reasonable one 

(Cooper, T., 2012). Three revision proposals are now pending and assigned with the 

responsible committee. This development would fall in a sharp contrast with the passage of 

Act in 2010, which was a one day process.    

 The Second Case 

 Most impending is that the policy makers have to be perspicacious in decreasing the 

quandary of policy abuse. How to be faithfully committed to the foster and care of children 

would be the way of fiduciary duty owed by public officials. A mere spending to grant and 

subsidize would vitiate the values on human right, liberty, as well as social justice (Laureate 

Education Inc. b, 2013; SEP : Positive and Negative Liberty, 2013; Universal Declaration of 

Human Rights, 2013). As surveyed, 0-2 years children would be more desired of home 

fostering, and many countries, in accordance with an OECD suggestion, institutionally 

support the mode of financial benefit. The Korean system, on the other, enforces a unitary 

scheme of public facilities, which can bring a discriminatory effect on the households. In 

consideration of the concerned parents and children, children over three years could be 

grouped for the fostering service. The national programs in this kind need to be designed 

carefully, which requires referring to the professional advice and adequate public forum. 

While we share the merit of subsidies in the cause of welfare expansion, the government will 

perform well if to revalue the scheme for home breeding of children below 2 years in age. 

The present system limited an access to the public subsidies for the second class in the 

government wealth classification code if the household opts for a home breeding. It has to be 

revised that all classes can choose without any disadvantage between the home breeding and 

use of public facilities. This would serve the equity interest and would comport with an 

OECD suggestion (Cooper, T., 2012). 

 A serious assessment of ill effect in the prior year was not made. Until 2011, the 

subsidies were dispensed exclusively to the users of public facilities. In 2012, the revision 

rather extended the amount of subsidies and avoided an acid criticism about the 

discrimination of home breeding (AECFP, 2013). A view announced from the Seoul YMCA is 

echoing,  

 “As the children under the age of two would be done better at home, and this being in 

accordance with the OECD guideline….The public service would pertain to the group of 

three to four years, which requires the system to be transformed from the subsidies to a 

national child alimony” (2013)  

 It is fortunate that the Department of Health and Welfare (DHW) accepted this view 

to allow the parents of 0-2 years children an option between two ways of dealings. It would 

also serve the equality and convenience of system to provide the voucher system where the 

parents can use only in case of needs. A tax benefit needs to be afforded in the purpose to 



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boost a birth as well as to meet the fostering needs of women. A tax deduction on the 

educational expenses also would be helpful. On other basis, it would make a public good if 

the policy can shift to be founded on the disparate income frame and scaling system. The 

national or public nature of facilities would yield a fair and impartial administration in 

experiences, and the workplace facilities would be urgent to improve the system. According 

to the Nov. 2010 report from the government, it obliged the statutory size of firms to provide 

the workplace fostering facilities, but four of ten would not satisfy that requirement (2013). 

The government keeps their names confidential to avoid the public criticism. The Civil 

Society on the Justice of National Economy, one of most active pressure group in Korea, 

claimed its public disclosure in the last June, but the response has been inattentive in any 

short comment, “It would jeopardize the property rights of citizen.” This interaction simply 

shows a historic contention between the liberal and social state paradigm. In the statistics, 

236 among the whole 576 classed into the scope of statute failed to meet a legal requirement, 

which includes a workplace with more than 500 employees at total or more than 300 female 

workers. In conditions as the safety issue or lack of space, they may alternatively bear the 

expense to foster the children or designate other exterior facilities. The above 236 firms 

neglect on these duties, and the aspect of penalty or disciplinary measure has to be reinforced 

relying on the requisite legal provisions (2013).  

    Philosophies and Theories 

 The cases described above show a typical dilemma about the classic ideas of 

government as well as the modern national paradigm in the pursuit of social justice or welfare. 

The first case can be ethically questionable if the lawmakers could enact a law to their self-

interest. In the modern ethical term, the pension plan possesses a quality of contention 

possibly in derogation of the right ways on the conflict of interest requirement (Hicks, D., 

2013). The legislative power is expected to operate under the separation of powers principle 

(SPP), hence, this traditional adage of legal principles can be reminded to respect. As 

incorporated into the Constitution, the standard as to regulate their conduct and ethics would 

approach as powerful as in the cases, such as the prohibition of ex-post laws or self-

incrimination. Otherwise, even the natural law theory could also mandate to conform their 

conduct to the inviolable concept of justice. For example, it is self-evident that nobody can 

enact the laws for himself in any discriminatory or specific ways to dispose. The laws need to 

keep on the essence of justice in general as well as in the form of abstract terms or 

prescriptions. A classification and way of dealings are required to be impartial and unbiased 

so as not to disparage the intrinsic of executive power (Kranich, N., 2007). Hence, it is 

strictly forbidden to enact the kind of dispositive law, but the acts should allow an 

interpretive leeway expected to operate within the province of executive power. That assures, 

as a way of inter-branch check and balance, the ideal of separation of powers principle and 

against any arbitrary abuse of vested powers by one branch of government. The vehicle of 

SPP, hence, could enable a “division and loyalty” to the popular democracy.  

 We often say the “divide and rule” axiom in the traditional operation of labor union 

and in the imperialistic ways of ruling for the subject states. The idea shares a similar 

attributes except that the public administrators have to be loyal to their sovereign and popular 

will. The public administrators are no longer placed to the role and responsibility on the 

successive or hereditary basis. They are elected by the people and may be appointed by the 

representatives of popular will. That is the only basis that they could be empowered and carry 



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their constitutional or statutory power. They are, in this respect, required to owe the kind of 

fiduciary duty and act on trust to serve the people in any faith, professional competence and 

capacity. As Cicero, a Roman philosopher on the ethics of ruler and social justice, said, 

“Justice is a fundamental element to be ensured of the rule or governance, which is only way 

leading to a human solidarity” (Laureate Education Inc. a, 2013). While the pension plan can 

fuel a controversy in light of the liberty and SPP, it also can evoke the dated notion of social 

justice and ethics of public administrators. Bentham perceived the importance of new 

thinking about a rule, its ideals, understandings, network, system, and organization. He offers 

a philosophical foundation for the modern positive state on the legislation and new covenant 

of public administration to share the revolutionary spirit (Audard, C., 1999; Postema, G. J., 

2006). His utilitarian conception and theory could contest, in tenet and ethical requirement, 

the right ways which NASK had to opt for. His pursuit to maximize the individual happiness 

would be sublime for the administrators to bear in practicing their official duty. His free 

rider’s thesis is interesting which could well discourage this faithful public theorist. 

 As outlined, the pension plan led to a high likelihood of public dissatisfaction and 

unhappiness about its sudden protrusion, hastened progress into the act, lack of public forum, 

insufficiency in provisions and inadequacy of finding an eligibility, as well as the high 

amount of subsidies. The goals and purpose triggered by the pension plan, however, could be 

verified to have a plausible ground. It was planned to support the great nationals who could 

not afford their lives in later years (Kranich, N., 2007). A fiscal feasibility is considered well 

in the purview of ordinate treasury and apparently costs less a burden. Many incidents 

developed in the NASK over the decade, however, proves in other way that several of such 

self-motivated measures frustrated the citizenry. The civil monitor group in Korea thankfully 

charted and reported to increase a public awareness. Notably, they have long years voted to 

increase their compensation under the circumstances where the national economy had 

staggered, the unemployment of youths disrupted the society, and the citizens were pressured 

so much to yield the highest rate of suicide in the OECD statistics. They often showed the 

tendency to side their peers in the incident of justice on the arrest of person, who ccould, then, 

claim his constitutional privileges and immunities as a national assembly man. They are 

never a housebreaker or highwayman whom Bentham made a wry wit about and who could  

stall the ethical and minded public administrators as saddened (Audard, C., 1999; Postema, G. 

J. (2006). They seem a due cause to institute the plan, which complies with the comparative 

illustrations of developed states. The practical aspect of Plan, as suggested, could be 

reexamined in the end to create a supportive ethos of people. 

 FFPC was pursued in the social welfare sprit and in order to promote the birth rate of 

nation. The social justice and equity, however, would posit a serious challenge as we detailed 

above. It does neither involve the conflict of interest nor ethics of congressmen in any 

conspicuous dress, but the redistribution of resources and wealth could possibly be 

misdirected or in the vein of structural or implementation flaws (Hicks, D., 2013). Most 

problematic is the present context of progress that a true beneficiary could be discriminated in 

the interest of facility owners leading to an ineffective consequence and contravening the 

intended goal of service. The equity, most closely related with the whole scale of social 

justice, would not be operated as deviated from the expected trajectory of Plan. The 

housewives have grown in number to exploit the benefit of plan as a primary class of 

beneficiary so that the working mother home, a target class of the Plan, was set to be 

secondary since the committed care requires a more hours and work demand. From the 

libertarian view in clanning on the original freedom and property right, the welfare expense 



99 

 

in this type would not be supported. They would entertain their ground that no legitimate 

basis to spend the tax income and public funds without any key public use, such as police and 

national defense service. The positive liberty concept, however, suggests its role more 

affirmatively that the working mothers can be enabled to exercise their function and liberty 

with the welfare assistance (Crocker, L.H., 1980; SEP : Positive and Negative Liberty, 2013). 

They can work thanks to the public aids, and can manifest their capabilities, talents, and 

economic activity in freedom. The negative liberty or equal opportunity from the least 

involvement or less regulation of state could not reach this dimension. The context of 

controversy also reveals an equality concern that the functional equality, implored by 

Dworkin and Sen, could be served if to be compared between the working mothers and 

unmarried maiden (2013).  

 The government made a classification to serve their policy goals in the benefit of   

household, which has the intended range of children, i.e., 0-3 years old. This brings the 

consequence of unequal treatment among the citizens, which can possibly abridge the 

equality of resources and opportunity. The first principle, in the Rawls proposition, can see its 

way to the complex equality for the aids and grants to restore a justice. The veil of ignorance 

in the Rawlsian understanding could be posited about the deprived and child burdened 

household incidental to the working mothers. They are economically vulnerable, but could 

contribute to the increase of birth rate and national production or economy. The idea or 

concept can be shared in the same strand when the developed countries boost the developing 

counterparts by aids and grants, which Rawls and the current structure of WTO espoused as 

their economic justice (SEP: Economics and Economic Justice, 2013). The context of 

interplay would upgrade the function of them and contribute to the material welfare of 

humankind as well as the increase of world economy. This scheme on social justice would be 

perceived as ambition-sensitive as Dworkin focused. A retreat to merely an endowment-

sensitive approach of equality would lead an intolerable waste of working force and huge 

sojourn of human resources.    

 The equity or equality requirement may be highlighted by pointing to the 

geographical terms of nation. A fiscally deprived local governments may suffer a minimal 

operation of fostering facilities which marginalized the service in a specific region. This 

would incur a great potential to deprave the legitimacy of Plan, so that the government is 

required to elicit the standard and revised scheme. It could be on feedback from the initial 

implementation period of Plan. The supervision and monitoring process need to be enhanced 

and be controlled to remove the chance of owner’s unethical or contradictory commitment. 

The nursing teachers would be a precious actor to perfect the Plan. The government should 

prevent an intermediary exploitation of owners or managers of facility, increase and maintain 

the quality and faith, and procure a requisite number of teachers to fulfill the demand.  

              Concluding Insights 

  About the Ethics and Responsible Administration of Collegiate Body 

 The rapid context of globalization and geographical compression may be enabled by 

the technological advancement in the new millennium. I believe that this factor transformed 

the mode of governance where the collegiate body would penetrate the differing polities on 

the universal basis (Cooper, T., 2012). Now the people, or global public at this time, perhaps 



100 

 

would be less attracted by the political or economic theories, which have depraved the 

polities to their own way. The Orient and West also had long been deemed heteronomous 

between the western liberals and communists or feudal Orientalism. The impact of e-

technology, as a most notable influence, now affords the opportunity to share and sense in 

any common attributes of humanity or society. Now the ethics or social justice, which is, in 

many subtleties, intimate, delicate, and applied beyond the established formality of western 

intelligence, can appeal not only in the national politics but also in the international plane 

(Laureate Education Inc. a, 2013). We can encounter a usual scene of summit meetings who 

exchange their personal value, perception and administrative ethics.  

 That would often not be the case when we consider the most universal body, i.e., 

national assembly or congress. An interchange in this domain may be in the network or 

liaison, but could not be leveled to the context of summit. Particularly, the way of executing 

their constitutional duties would be rather different as pointed out. For example, anonymity in 

their vote could render them even less responsible than even the executive officials. The two 

issues discussed above expose a very basic contrast across the self-enactment, self-interest, 

social welfare and justice, positive liberty, as well as the human rights to a decent condition 

(Donnelly, J., 2013; SEP: Human Rights, 2013; Universal Declaration of Human Rights, 

2013). The first case involves a classic notion concerning the potential power abuse as 

coupled with the social welfare of target group. The second case deals with some most 

enhanced science and reasonableness of the social welfare program. Both issues actually 

sensitized the Korean people in a great concern and interest than any other serious economic 

issues. This implies that the netizenry and people in this new millennium are largely disposed 

to track intimately on the public administrators who long enjoyed an insulation and 

independent nobility. The trend may go similar in the socialist elitism of Congress or 

communist parties, and converge to be subject to the public monitor or critical eyes. However, 

the ethics of them were not dealt in any coherent manner which factors the attributes as a 

collegiate body. I suggest that the Cooper’s model may serve an individual member of 

collegiate body at this point of time, and hopefully expects for further studies more suited to 

the ethics of collegiate body (Cooper, T., 2012). Both issues actually disclose a square aspect 

of ethical failure to pull down the public image of NASK. Behind the controversy and public 

disappointment, we regret if they might neglect on a due regard to the required ethics. This 

could have been ameliorated if he or she individually and seriously assessed the problem on 

the kind of Cooper’s deliberation. The attributes and qualities of organization also seems to 

matter in the kind of “institutional inertia” or amok, which requires a system studies of ethics 

and public administration concerning the collegiate body (2012).     

 The ethics and social justice are one of sensitive topic for the contemporary 

administrators and global public. For the material conditions have improved, this theme poses 

an aspect of serious challenges to attract our attention. The contemporary literature in this 

field had been dealt mostly with some philosophical studies, practical point of public 

administration, and some of efforts on theorization or design approach. The outcome of this 

less exposure and unattended research would lead to the lack of pertinent frame to analyze 

more systemically and in affluent sources of reference for the different nature of public 

organizations. While Cooper’s ethical decision making model shows some of mental stages 

to deliberate on the ethical dilemma and challenges, it could possibly possess a universal 

quality as the design of ethical decision making process (2012). However, it is highly 

generalized to neglect on the specific nature of public organizations. I would like to withhold 



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looking into the private or for profit organizations since the theory or metaphor with the 

public ones would properly subdue their minimal nature of dealings. Given the Cooper’s 

analysis and approach provides a good model in the aspect of formality and mental progress 

about the specific public administrators, it is also necessary to substantiate the quality of 

ethics or social justice issue in terms of the attributes of public organization (2012). In this 

standpoint of view, I intend to make a distinction between the bureaucratic nature and 

collegiate body of public organizations. There are a scope of public organizations in the 

different nature, which maintains a bureaucratic work structure, notably the executive branch 

of government, foundations, and high supported charity organizations, public schools, and so. 

There could we find the collegiate form of organizations, such as congress or national 

assembly, public commission or council, consortium on the public project, and etc. The 

quality and attributes concerning the interplay of ethics or social justice with the collegiate 

bodies could be clarified in several aspects against the bureaucratic types. 

 First, the organizational members generally would enjoy an equal status and 

competence that a complicated or aura of ethical issues distinctly arising from the context of 

command and obedience would not be present.  

 Second, the organizational members often undertake an important role and positional 

power as a decisional body, which would be to leverage their ethical requirement more stern 

in some cases, but more softened in other cases. Both cases discussed above could be viewed 

in the latter light. 

 Third, they would be a norm or standard giver and simultaneously a norm or standard 

receiver, who has to respect the ethics codified or required in any form. They could be 

plenary to regulate their conduct, but the tradition and social attention would monitor as 

coupled with their good conscience and personal quality or integrity (Maccallum, G.C., 1993). 

The specific context of norm formulation, for example, anonymity in the vote, could have a 

potential to be resilient in producing a socially desirable ethical code. In some of response, 

we may reinforce a stricter scheme about the name-designated enactment, open vote to be 

name-disclosed, and the kind of intensive hearing sessions about the sensitive social welfare 

program as well as a public forum indispensable with the agenda on conflict of interest, and 

etc. 

 Fourth, they perform their job responsibility on the ad hoc basis in many chances that 

the ethical requirements would normally be less serious nor challenging than the employees 

in bureaucracy. Therefore, I consider that the standing status of organization would be more a 

factor in distinction. For example, the panel would be a lower and ad hoc basis arrangement 

while the appellate body staffed with tenured judges within the standing nature would be seen 

otherwise in the context of WTO.  

 Fifth, it seems also relevant about the ways of ethical process whether the 

organization is governmental or entitled to the constitutional privilege. The non-

governmental organizations of public nature would share the attributes in middle status 

between the private and governmental branches. Given the constitutional privileges, the 

national assembly, for example, would face a distinct body of ethical practice on the tradition 

and constitutional expectation. For example, it could be a virtue for them to more readily 

disclose a public truth in the Floor, which is other than the ranked bureaucrats or executive 



102 

 

directors. The philie buster could also be viewed not strictly unethical, although we see it 

undesirable in some cases. Other governmental organizations, however and across the 

jurisdictions, tend to be governed uniformly by the centralized statutes or decrees on the 

ethics and responsibility as a public officer (Laureate Education Inc. a, 2013).  

 From the Econo-political (West) to Ethics or Justice Discourse (Orient and West)  

 The two cases exhibit the typology of western thoughts between the liberal and social 

dualism projected over the scope of disciplines, i.e., politics, economics, sociology, law, and 

so (Murphy, A., 1998). The cases also exhibit typical burdens which the public administrators, 

over the long centuries or decades have been posed as challenges. The two cases would 

perhaps be irrelevant with the locus of nations, if to be west and east. For example, the spoils 

of victory in 19
th

 America would still be on vestige and ethically challenged by some of 

public views. The Russia Mafia or Princelings in China over the decades would also show a 

dilemma involving the conflict of interest in any grand scale. The social welfare policy also 

could be shared in the communist states, and China notably intensifies the liberalization of 

national economy within the socialist basics (Hunt, L., 2008). They may restructure a perfect, 

but minimally afforded social welfare due to the materialistic incapacity. The liberal western 

states also struggle with any adequate extent of social welfare policy. Hence, the two cases 

are prone to seriate the wake of history and hemisphere on earth, which drove us to mediate 

on the practical and ethical aspect of academic thinking. I consider the ethics and responsible 

administration studies in prongs, possibly with sharing and reaching the common breath 

between the West and Orient, as well as the communists and liberals. The traditional frame is 

dominantly western, hence, econo-political to implant. Now I consider, however, that the 

needs or background on this intellectual exposure could be said a tradition or basic, mere a 

backdrop or in the least practically not arguable. We may impeach an evil state on human 

rights violation, but never condemn them as they are a communist regime of national 

economy or so (SEP: Human rights, 2013). Notwithstanding the famous word, “demise of 

ideology,” we now generally agree on its flip side, but some of new trends in our everyday 

lives.  

 Reverting to the cases, we suppose that the rulers in power should be on some ethics 

about the conflict of interest, and that the social welfare program could lead to the positive 

liberty or functional equality and the kind of substantive justice (Laureate Education Inc. b, 

2013; SEP : Positive and Negative Liberty, 2013). Often the econo-political frames have been 

imposing to structure our intelligence, but the massive society or close context of public 

interaction on e-technology or for other many reasons, now defines the practical points of 

contention in other ways. While neither or only minimal improvement could be ascertained 

from the earlier century or decades of Congress in both issues, the public now are more 

interested in their ethics, manner, motives of policy, and the kind of justice attitudes. The 

contemporary society poses a multifaceted challenge of human condition and lives in dignity 

(Hunt, L., 2008). A progenemonon to the modern civilian society enabled a materialistic 

prosperity in our living conditions although some of awakened voice claims an aspect of 

fundamental wrongs from the generalization and consequent amok from the unbeknownst or 

intoxicated leverage of massive general base or manageable citizens. They have a concern 

about the unemployment rate, stalemate of economy not to satisfy the population growth, as 

well as their income or retirement prospect in terms of the assets or pension. The modern 

structure of politics and economy has settled well making them to be a merely adaptive 



103 

 

personality and to focus on their chores vastly. This constant tone and ethos in the lives of 

dominant class would be refreshed by an occasional exposure to the international 

controversies or idiosyncrasy from the politics and national or international leaders or other 

exotic experiences. However, that would not entail a serious political or economic issue to 

disrupt their pleasant personal domain (Murphy, A., 1998). If we now gradually acknowledge  

G2 politics and the rise of Oriental power, we may be helped with some of useful insights 

from the standing Chinese leaders. In the hierarchy and rank order, the newspaper introduced 

three Chinese leaders, Xi jin Ping, Lee, and Hwang. The leaders had addressed his interest by 

illustrating a most influential book in his respective leadership. Xi, as matched with his top 

national status, illustrated a Chinese novel titled Ordeals and New Plane and authored by the 

professor of Chinese Military Academy. Lee, as a second rank of leadership, was concerned 

about the national economy, and mentioned the book which frontiers the second 

industrialization on the fossil fuels toward the third of information technology (1998). Hwang 

shed a light on the insights and wisdom proposed by A. Tocqueville about the revolutionary 

social condition. China, besides his rising status in the world economy, is a most populated 

country. We now witness that the world becomes compressed to see a gradual congruence 

between the West and East or Orient for many reasons, for example, e-technology or some of 

decades experience of the liberal or social democracy. The civilian wake of democratic 

governance has trained both pans to share a common ground and openness to exchange. 

 Despite a continued difference or contention at some extent, I like to suggest the 

ethics and social justice issue could be one of governing theme which the contemporary 

global public implicitly receives more than any other political or economic discourse 

(Laureate Education Inc. b, 2013). While, in the Lee’s interest, his book can bear an 

intellectual insight and serve to cultivate the mindset or attitude of national leaders, it may be 

seen to the large public as some of applied restructuring of the current structure within the 

global or national economy. For Xi, the Chinese novel would offer the soil and implied value 

or social compassion for this long history of grand nation, but might be nationalistic well to 

rebut a common rationale for the global public. It would come little to influence that it 

perhaps lacks a quality of socialism advocacy if the book is merely a novel other than any 

social science or professional books. Hwang’s regard to the Tocqueville’s may contain a 

universal theory or viewpoint about the revolution and social condition. However, it could be 

limited to the worse political condition of China for the still lower per capita income, gradual 

economic disparity between the poor and rich, and their prevailing adherence with the 

economic equality on socialism.  

 If we turn our attention to the western mode of developed countries, the econo-

political framework devoted to the western industrialization perhaps would exhaust its all the 

genesis in stalemate. Nobody questions the precious idea of free market and financial policy 

to energize the national or international economy. FRB has tried their best through the 

decades to vibrate the national and global economy, and the IMF as well as the World Bank 

could gladly take a part to cooperate and collaborate. We, the global public, however, could 

share merely in reticence, accomplice, nodding or support, and general credence of their 

wisdom and theory. This attitude or intellectual perception would also be same about the 

modern prevailing political discourse. Now the Korean people generally do not think if any 

swift of governmental structure to the parliamentary system would bring any difference on 

the politics or their actual ways of living. They probably would be correct to know if the 

scheme is keenly related with the turn of modern democracy from the feudal system. The 



104 

 

context would be said similarly as the second and third generation narratives in the economic 

transformation.  

 So I believe that the contemporary global public, in the mid of post modern realities 

and besides some of distinct groups or individuals, would be vastly concerned of the ethics, 

social justice or responsible administration than the insipid reiteration of the property and 

freedom of contract generalization. An assembly man Choi, who is a floor leader of the 

National Assembly from Sanouri said, “Korea is now on excessive democracy than its 

lacking or insufficiency, in response with the street demonstration of opposing party.” This 

comment suggests some of truths that Korean public would detest a stereotype of political 

narrative on the democracy and freedom, demand a professional ethics, and is more sensitive 

to the social justice, and pays a due regard to the responsibility of public administrators. Lee 

Kuan Yew, a respected charisma of Singapore, impressively addressed the Oriental virtues as 

distinct and precious through the long history (Postema, G. J., 2006). Eo-ryung Lee, a 

distinguished professor from the Ewha Woman’s University in South Korea, also emphasized 

thorough his brilliant academic career the Korea and Oriental philosophy, the strengths of 

Oriental values, and predicted a new cultural primacy of Orient in the new millennium. He 

commented, “The first millennium had been an era of Oriental dominance in the material 

prosperity and cultural superiority.” The second thousand years had been led by the Western 

power to embed the democracy and idea of free market in the world. The new millennium 

would be wheeled ahead by the Oriental influence where the ethics and values in the esoteric 

nature could be shared and expand into the universalized respect and followership (2006). For 

the importance of China, I like to revisit an above illustration pointing out that they imply 

their social minds except as basically variegated with their urgent needs to administer their 

state developmental paradigm. Among the aspects of principle, I assess that they sacrifice the 

liberty interest in trade-offs with the equality adherence. The social justice and conception of 

human rights would compete, but would probably find a point of compromise with the 

western concept given the near future on any sufficient material conditions (Donnelly, J., 

2013). It also complies with their state foundation recently conformed (SEP: Human rights, 

2013).  

 That briefed, I suppose that the future academics would deserve a new enhanced 

focus on the studies of ethics, social justice and responsibility of public administrators than 

any other times. 

  



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      Reference 

A Harsh Response from the Citizenry Against the Passage of Alimony Act (2013, Jan. 6) 

     Chosun Daily, Seoul, South Korea  

Act on Early Childhood Fostering Program (AECFP), Korea Stat 12068 (2013). 

Audard, C. (1999). Anthologie historique et critique de l'utilitarisme, tome 1 : Bentham et ses 

précurseurs (1711-1832). Paris: Presses Universitaires de France – PUF. 

Cooper, T. (2012). The Responsible Administrator. San Francisco, CA: John Wiley & Sons. 

Crocker, L.H. (1980). Positive Liberty: An Essay in Normative Political Philosophy 

(Melbourne International Philosophy Series), New York, NY: Springer. 

Donnelly, J. (2013). Universal Human Rights in Theory and Practice, Ithaca, NY: Cornell 

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Hicks, D. (2013). Dignity: Its Essential Role in Resolving Conflict, New Haven, CT: Yale    

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Hunt, L. (2008). Inventing Human Rights : A History, New York/London :W.W. Norton &      

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Kranich, N. (2007). Equality and equity of access: What's the difference? Retrieved July 

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Laureate Education Inc. a, (2013). Ethics and Social Justice "Equality and Equity: 

Applications" with Amanda Baker (approximately 6 minutes) 

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 Amanda Baker (approximately 7 minutes). 

Local Governments on the National Child Fostering Program (2013. June 19), Korea 

JoongAng Daily, Seoul, South Korea. 

Maccallum, G.C. (1993). Legislative Intent/Essays, Madison. WI: University of Wisconsin 

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Murphy, A. (1998). Reason, Reality, and Speculative Philosophy. Madison WI: University of 

Wisconsin Press (1996). 

Postema, G. J. (2006). Interests, universal and particular: Bentham's utilitarian theory of 

value. Utilitas, 18(2), 109-133. 

Reichert, E. (2011). Social Work and Human Rights: A Foundation for Policy and Practice, 

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Stanford Encyclopedia of Philosophy: Human Rights, Retrieved Nov. 2, 2013 from 

http://plato.stanford.edu/entries/rights-human/. 

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                      XVII. Ethics of Workplace and Entrepreneurship 

The Current State of Ethics within the Workplace 

Nobody would disagree if the contemporary society is on the basis of 

professionalism and organizational lives (Ethics Resource Center, 2013)). Most of post-

modern citizens, probably on the mid-income status, would be amok of the smacks of 

bureaucracy and their occupational activities. This group often constitutes the prevailing 

ethos of society and vertebrate of citizenry. They often are ascribed, in most of paradigm, as 

sovereign people and pillar of national politics or economy, who are the center of contest that 

the national morals and conscience would reflex and abound around. They are any standard 

of political or economic issues with which the political leaders have to interact. Their 

predominant disposition would be embedded on the organizational lives. I consider that three 

of simple principles would govern their professional course of dealings and commitment, 

which are ethics, political responsiveness, and merit (Yeager, S. J., Hildreth, W. B., Miller, G. 

J., & Rabin, J., 2007). These elements are actually overwhelming and powerful on which the 

leaders and followers could rely.  

The elements could be on a varying extent in response with the types, size, structure 

and culture of organizations. For example, the political branch would require more of 

political responsiveness than an ethics while the private organizations often consider it more 

important a merit than the former two. The quality of each element also could not be the same 

where the international organizations often are based on the more universal and loose, but 

grand principle of ethics than the national ones. The latter could be more enriched in 

substance and comes in an intense interplay with the leaders and organizational members. In 

many cases, a condensed, definite-to- pursue, disciplinary and integral, but even nasty on the 

chances of corruption or static pleasure as in the kind of bureaucratic mazes would the ethics 

of national organizations be. We often are less experienced of the corruption from the officers 

of international government. A former IMF chair person, S. Kahn, would come as one 

example, but we generally do not see it any serious ethical violation. The national aspect 

would go otherwise if we would consume some time on the news paper articles or reports. 

The current state of ethics in the workplace, therefore, would hardly be simplified in any 

single paradigm of assessment, but requires a case by case investigation by the supervisors 

and researchers (Ethics Resource Center, 2013).  

It is, however, obvious that the three elements would fairly assist in gauging the 

current state of workplace ethics. The diversity could come as a fourth factor leading to 

define the ethics state of workplace, and related with the multiculturalism in leading and 

managing. This triadic would, of course, need to be substantiated from the inculcation of 

public value, organizational mission and goals, as well as the political or societal virtues. It 

would be dissimilar of ethics, no matter if it may be societal and even organizational, 

between the socialists and liberalists, although it can be sublimated, particularly within this 

rapidly advanced and compressed global village, into any congruence or sharing of basic 

human attributes.      

Conceptually, three elements are independent to lead our organizational lives, but the 

ethics could be comprehensive to define and matter with other two. The merit, which would 

be ultimate in any utilitarian perspectives, can plainly impact the shape of ethics. Consider if 



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the bottom line of meritless employees or organizational policy would generally be deemed 

unethical or unacceptable. The political responsiveness is one criterion to influence the ways 

of response to some specific challenges. It could be virtuous in some circumstances, and may, 

in other context, fail of organizational or employee’s reputation or right ways that the 

organization are obliged to do (Yeager, S. J. et al., 2007). The whistle blowing may simply 

reveals this aspect of ethical conduct. This type of employees’conduct can well raise a serious 

debate about the ethics. Hence, the ethics could conceptually be extensive to cover all the 

three, and the issues have to be what scope of due play needs to be ensured in a specific 

organization about three different factors.  

                     A KPO Issue about the Organizational Ethics 

                                  A Development of KPO Issue 

Recently, Seok-yeoll Yoon, a branch head of prosecution office in Korea (KPO), was 

assigned an important duty to investigate a grave political criminal case involving the central 

intelligence agency (KCIA). His skills and expertise were bought by the chief of KPO, and 

called upon to work in the special team of investigation. He was committed and faithful 

officer to emphasize a neutrality and sanctity within the national exercise of criminal 

authority. A sinister officer, in his view, has to be punished in proportion with his culpable 

conduct, no matter who they are. That is principled and authoritative in the prescription of 

supreme law of nation, and must have fairly been cautioned by himself about any exterior 

influence. He, in ranks and team structure, is responsible to Yeong-gon,Cho, who is his senior 

prosecutor and may assume a mediating role between the investigation and higher ranks of 

political propensity. The case entails a sensitive issue about the legitimacy of last presidential 

election, and was disputed about an allegedly impermissible engagement to draw the support 

for the candidate of ruling party. During the course of his professional activities, he might not 

obtain a favor from Y.G., Cho about his suggestion to tackle more extensively into the core of 

a nasty or undue influence from KCIA. Not clear in public relations, the context might be led 

to drop a positive alternative, and eventually exploded with a sudden public announcement of 

S.Y. Yoon about the unethical command or implied oppression to frustrate the ambition of this 

junior prosecutor. They were called upon the investigatory hearing held in the national 

assembly, and a serious inquiry or defense had been exchanged among the congressmen and 

two prosecutors. The opposing party, Minjoo, likely saw the incident challenging and 

opportunistic to strip off the ethics of Sanouri and current administration. Y.G. Cho, as a 

supervisor of special investigation team would be a right person to encourage his subsidiaries 

as suggested by Yeager, S.J. (2007). He seems to abandon his role to ensure the criminal 

justice of nation, and merely said,“I alleged him to be neutral or reticent, but in no intention 

to influence the key investigators in responsibility.” For its social impact and worse public 

sensibilities, the department of justice (DOJ) began to exercise a supervision authority to 

impugn and discipline if any misconduct would be confirmed. About two weeks ago, S.K. 

Yoon was rendered to divest of his official power and status, and Y.G. Cho shortly thereafter 

announced his resignation.  

                                          Reflections 

The episode briefed above brings a point of reflections on the current state of ethics 

in KPO, and concerning the general aspect of organizational essences, job satisfaction, ethical 



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perspectives, external and internal ethics pressure, likelihood of changing jobs, and so on. 

The context is esoteric involving the twilight strands of organization, say, quasi-judicial and 

intra-executive qualities. The criminal justice system on this concern would get diverse, but 

the Korean system may be generic or dominant. In some of national system, notably in 

France, the prosecution offices operate within the judicial preserve, and they need to 

officially report to the court with regard to the administration and supervision. In the socialist 

states, the prosecution authority is considered to execute the will of people collectively, hence, 

sees less chances to be reflexive about the individual or professional conscience and theory of 

humanly justice. The political primacy is absolute which profiles ahead of traditional concept 

concerning the proportionality principle or perhaps a common understanding of western 

concept of distributive justice (Laureate Education Inc., 2008). KPO would possess dual 

qualities so that the administration were integrated into the executive, but shielded from the 

political influence by affording an independent statutory term of KPO’s chief officer. It also 

is severed from the command line, i.e., head of DOJ, for the specifics of criminal 

investigation. It is wiser since the resources are fairly required to meet such great number of 

criminal cases in personnel and apparatus. The executive, as we are aware, are the sources to 

administer the public policy with a vaster resource than the legislature or judiciary. The 

quasi-judicial nature of criminal investigation also requires an independent ground from the 

executive, which offers the ground to create the current system on the national statute and 

decrees. For the special matters of politics or other sensitive cases, the statute also provides 

an independent counsel to be appointed by and responsible to the congress, who is not a full-

time public prosecutor, but lawyers, who often are experienced in rich career or retired rank 

officers. The independent counsel supplements to ensure the sanctity of criminal justice, and 

the system followed the American model as we see in the Star case for the former president, 

Clinton, as well as for the Watergate investigation.    

             As the nature of society is highly professional and based on the experts from years of 

study and apprentice, the ethics in KPO expected to exercise often would not diverge, but be 

coherent in the same tone or manner of response (Frederickson, H. G., 1999). That, however, 

would not always the case as we also expect. This kind of sensitive issues particularly could 

be suspected of whether it would be disposed in comport with the public sense of justice and 

the ideals of criminal justice system. The case was fairly exciting to impress some quandary 

of ranked officers, and the research from Yeager S.J. could be applied in terms of importance 

we can find in the supervision role (Yeager, S. J. et al., 2007). The encouragement of 

supervisor, C.K. Cho in this case, could have a high potential to increase, even forefront the 

ethical perspectives of S.Y. Yoon. It would be an easier case for him technically, but entails a 

delicate aspect of national politics. Hence, a senior supervisor’s role seems determinative, but 

could be escalated by discussion, consultation, and intimate collaboration. The kind of 

interplay between the external and internal ethics pressure could come fancied that the former 

would, in high probabilities, be enormous and demanding. Of course, the young society of 

public prosecutors in Korea, like the judiciary, had been active and is committed to advocate 

the professional ethics as central. But the bureaucratic maze in KPO can effectively screen its 

influence or unacceptable suggestion. They have been a source of intra-organization flak on 

the public criticism and misconduct of the KPO higher ranks. But it would often be post-

incident voice in the remedial recourse and in the end to restore their pride or public relations. 

Therefore, the external ethics pressure other than the young society must have been rather 

pounding so that supervisor’s role seems essential to shield and encourage. An unidentified 

miscarriage within the team or confidential interplay seems to have increased the ethics stress 



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for S.Y. Yoon, who eventually behaved like a whistle blower (2007). Someone may accuse 

him of committing the kind of vagary and others perceive him as conscientious or loyal to his 

job demands. We can confirm that the communication is really a critical factor working to 

maintain an organizational integrity and uniform fashion to proceed. We may well reserve 

other elements, say, job satisfaction or employee job attitudes since, in this case, they have 

eventually been depraved on their professional path. They would feel hard pains, and even 

the likelihood of changing jobs should not be excluded (2007). This incident has to be borne 

seriously in the mindset of or ethical guides for the posterity generation of prosecutors. I 

mean that the feedback should be adequate to teach and learn about how much the 

supervisor’s role would be important for the reputation and credibility of public organizations.  

                           The Ethical Management and Entrepreneurship 

             In this discussion, I like to survey the corporations of Korea about its ethical 

management, its current status within the Korean context, as well as one of great illustrations 

in view of the management ethics and its social impact. How do we connote the concept of 

ethical management. In the dictionary, it is defined that the enterprises are required to be 

responsible to the social expectations beyond the management and legal accountability. The 

concept demands the increase of moral quality and profile of enterprises and encompasses a 

set of moral conducts and anti-corruptive deals between the employees and counterparts in 

trade, bribery in trade, as well as support of cultural or social events, givings and charity 

activities in the contribution to the society as a whole. 

             The theme of ethical management was supported by an increasing number of 

enterprises according to the statistics of Korean Management Association (KMA) in 2005 

(Ethics Resource Center, 2013). Over ninety percents of largest businesses in Korea have 

adopted an ethics charter. These enterprises also enacted a scope of ethics programs and 

action plans to be implemented in their work place. To illustrate some, KTF daily aired the 

ethics education drama through its intra-firm network since Mar. 2005. Shinsekae developed 

the ethics index to address the challenges. Posco also began to implement the reward system 

for the reporting of an unethical conduct. YK had obliterated some nasty strands of salary 

which were designated as marriage, funeral and public relations expense. LG electronics has 

continued to offer an ethics education program since Feb. 1994, the year of ethics declaration.  

             KMA conducted a public survey addressed to the member companies and KOSDAQ 

firms, which are five hundred and completed in 2004. The positive response about the need 

of ethical management ranged at 38 percents. Same survey conducted in 1999 was as low as 

6.8 percents. In the 1992 survey, the reason for ethical management was reported to lie in the 

social responsibility of enterprises, which accounted for 92.2 percents (Frederickson, H. G., 

1999). This rate declined to the point of 60 percents in 2004. This indicates that the 

increasing profile of ethical management could arise in the concern of profitability other than 

social responsibility or public opinion.    

           The Ethical Commitment of Yuhan-Kimberly and Its Impact on 

the Entrepreneurship & Social Change 

             Yuhan-Kimberly is one of corporations which produces the consumer goods for 

home use (Sung, S.Y. & Choi, J.N., 2010). It attained an international acclaim which made a 



111 

 

top ten list in the survey of Asian Wall Street Journal in 2003. The survey ranked 900 Asian 

companies in terms of worker-friendly firm environment. The market share and recognition 

of YK products were superior than any other firms, which would well be benchmarked as a 

world class quality. The national economy these years were staggering. The unemployed 

youths amount to 500,000 in number and the red credit poor also radically increased to the 

number of 4,000,000. The domestic market has been in deep stalemate. Under these crises, 

one enterprise, named YK, has a remarked success in 4 times of sales increase as well as 17 

times of net profit between 1991 and 2005. All of its eight sectors of business have 

entertained a top share in the market. This company was created in the partnership with 

Kimberly Clark, a US corporation and YuhanLtd., a Korean corporation in 1970 (2010).   

             The Korean public were pleased to witness its success. It fairly deserves a public 

attention since the IMF crisis in the late 1990’s and economic diminution afterwards had 

made no factors without any layoffs nor radical rationalization of business. In the survey 

conducted 2003, it was ranked sixth by being highly rated in the job satisfaction, trust of 

employees on management, and social change factors. Then what strands enabled YK to 

continue on its prosperity? Is this a guaranteed bank note to be applicable for many other 

businesses? Is it easier to benchmark the success story to implant its modality in other firms? 

We may ascribe its esoteric nature of corporate culture to its splendor of success. I consider it 

one of successful paragon in any glocalizedculturalism. 

             First, the top management pursued in continuance and conviction that the 

employment realtions will make better to be stuck on the Korean mode of livings, i.e., four 

days weekly for personal pleasure and leisure (2010). It is certainly ethical to increase the 

merit of employees in the workplace. It is contrary to the general theme about management, 

say, as possible as low pay and much extent of work hours. It would be paradoxical and 

eventually proved effective in eliminating the low rate of factory operation, increase of 

inventory, and disgruntled labor union. Its strategic , but ethical aspect of decision can be 

epitomized in two prongs, i.e., four frames of work turn and lifetime learning. The workers in 

the production line are divided into four turns. In this frame, they work four days and get off 

the duty also for four days. The free days will be consumed to develop a personal amenities 

and learning for self-improvement. This way to deal can effect on the increase of productivity 

for the employer and job stability for the employees. This management strategy is ethical to 

bring a merit, social justice, and positive liberty of employees. It also contributed to the social 

change in the corporate culture of Korea, and serves the national economy as a paradigm of 

Korean entrepreneurship (2010). It is impounding to make the turn toward a congruence, 

harmony and coexistence, human value and pain sharing of worse economic conditions. YK 

actually offered the model in the end to increase the trust, reliability and consensus among the 

family, individual workers, and company. The understanding was serious in holding a human 

value and its employment status, and they preferred a sharing on employment other than 

layoffs.  

             Second, YK management also advanced to propel a competition of ideas from the 

employees and friendly interchange between them and labor (2010). This requires that the 

management should be committed ethically to interact and cooperate, and also based on the 

social attitudes distinct in the Korean culture. This organizational culture and structure could 

give a lesson to other enterprises, and eventually led to the social change of Korean 

entrepreneurship. It could not come into any reality unless the management assumes toils and 



112 

 

sacrifice in conviction and authentic commitment on the trust of human resources and 

potential. That is because it requires an investment and mutual trust without a tangible short 

turn. The mindset is, therefore, the kind of social, humanistic, progressive which involves a 

courage, knowledge, as well as moralities on the side of management beyond a mere myopic 

management priority. This could build up the trust leading to the ethical management in their 

industrial and social commitment. The ethical perspective would turn as desirable while the 

external and internal ethical pressure could be moderated (Yeager, S. J., Hildreth, W. B., 

Miller, G. J., & Rabin, J. , 2007). The ethics stress would more be easily resolved because 

they were humanly interacted and based on the mutual trust. It is needless to speak of job 

satisfaction of YK employees and their chance of changing jobs (2007). The firm actually 

purported to convert the kind of physical workers into some intelligible ones, which made a 

profound effect on the social ethos of Korea. Kook-hyunMun, a CEO of this firm, termed this 

paradigm shift as a “knowledge management,” which requires to learn as well as to be 

creative (2010). It should be a critical lesson for the society and Korea, and the progress 

within YK is notable with so high rate of participation in the learning program. YL offers a 

compensation for the participants, and programs were neither limited to the occupation skills 

nor work-related. The humanity subjects and social science were offered to foster the 

personhood of workers as a democratic citizen.  

             His management philosophy had not rested within a small scale of firm itself, but 

projected into the neighborhood. The environmental campaign, designed and pursued in his 

initiative, had impacted on the Korean society, in the least, the basic understanding of Korean 

citizens about that issue. He seriously perceived an interactive nature between the corporate 

and society in the whole. The internal turf to oppose his vision of environmental preservation 

arose since his plan requires a sum of budget. However, it had shortly been proved that the 

environmental and ethical concept of management could bring a positive consequence about 

the social change as well as the corporate interest.   

                                                                            Reference 

Yeager, S. J., Hildreth, W. B., Miller, G. J., & Rabin, J. (2007). The relative effects of a 

supervisory emphasis on ethical behavior versus political responsiveness.Public 

Integrity, 9(3), 265-283. 

Frederickson, H. G. (1999). Ethics and the new managerialism. Public Administration and 

Management: An Interactive Journal 4(2), 299-324. 

Ethics Resource Center (ERC), Organizational Ethics Articles 

http://www.ethics.org/resource/organizational-ethics 

Sung, S.Y. & Choi, J.N. (2010), The Leadership of Mun, K.H.; Myth and Success of Yuhan-

Kimberly, Seoul, ROK: HANSMEDIA. 

Hunt, L. (2008). Inventing Human Rights : A History, New York/London :W.W. Norton & 

Company.  

 Laureate Education Inc. (20o8).Ethics and social justice. "Philosophical Roots" with 

Amanda Baker (approximately 11 minutes) 

http://www.ethics.org/resource/organizational-ethics


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Maccallum, G.C. (1993). Legislative Intent/Essays, Madison. WI: University of Wisconsin 

Press. 

Reichert, E. (2011). Social Work and Human Rights: A Foundation for Policy and Practice, 

New York, NY: Columbia University Press. 

Stanford Encyclopedia of Philosophy: Human Rights, Retrieved Sep. 27, 2013 from 

http://plato.stanford.edu/entries/rights-human/ 

 

 

 

 

  

http://plato.stanford.edu/entries/rights-human/


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   A Repository of Socratic Conversation 

Kiyoung Kim  

Posted Date: 

September 5, 2013 4:38 AM 

Hi. Domaneneicka. 

The organization would play an important role to nurture the boys and girls of America. 

It  obviously would take the form of national system in branches and collaboration. Ethics in 

this case may involve a difficult educational issue on the conscience or spiritual cultivation of 

youths. The state of Alabama is notorious even to Koreans in the context of civil 

disobedience and other civilized concepts in disagreement or contention. You said the bond 

of youths with the grown-ups and aristocracies in the local community. How do you handle a 

possibly undesirable influence from the unverified indoctrination or ensure a sound system 

of youths to grow and learn?  Thanks for your introducing a great organization, and I suppose 

that the organization may have a twin system globally. Regards.Kiyoung. 

 Kiyoung Kim  

Posted Date: 

September 5, 2013 4:12 AM 

 Hi. Derek. 

Thank you for the posting. Your organization seems interesting that the conflict of interest 

likely is self-adjusted. The board members, are payers and beneficiaries from the operation of 

company. It is likely a mixed nature of organization between public and private in terms of its 

commission and budgetary system. I guess that the income may be accumulated to the benefit 

of owners since it is a private company. Is the organization responsible to the shareholders? 

Do the board members work on a paid basis? What ethics, if any would be involved in 

deciding an issue of income distribution? Respectfully. 

Kiyoung Kim  

Posted Date: 

September 5, 2013 2:31 AM 

Edited Date: 

September 5, 2013 3:45 AM 

Hi Amin. 

Thank you for reading my post. The cause for and calculus from the troublesome sanction or 

war in other frame, never seems simple nor straightforward. As we share, Syria is a most 

persistent and acrimonious regime, and the international source reported its relentless 

continuance on massacre and persecution. Actually we know the middle Asian nations are 

religiously orthodox and in no probabilities being submissive or repentant if on the 

Koran. One factor is that they are culturally or religiously incurable to persuade. The other is 

that we can see some of imperialistic remnants to make them incongruent and less easily 



115 

 

defined. The branches or ramification in the society and their political interaction apparently 

confuse a point for some of constructive dismantlement or regime change. Despite 

their regime of theology, we can surmise a new wave of democratic group to reconcile with 

or reform the religious nature of absolute rule. These complicacies, as coupled with a Russian 

share with this country, perhaps led to a restrictive scenario of war engagement in the last 

announcement. In this nature of cases, we often consider a state sovereignty, international 

laws and coercive action based on the UN resolution, collective concept of self-defense, and 

so. In many cases involving the Middle east Asian states, however, the practical aspect in 

controversy and armed conflict seems not to be a sovereignty concept on the state, but likely 

stronger on religious sovereignty. Their pride for the Grand Islam or absolutism on Great 

Mahomet would not be misperceived if we have their contribution to the world civilization in 

medieval times. This historical heritage and political dominance at those times, as well as 

their aspiration to rise seemingly have aggravated their untamed violence problematic in the 

eyes of western intelligence.  

This is the case, therefore, typically deserving our attention between the morality or ethics 

and responsibility. Reason and social custom generally are a principal source of moral 

standard. One scholar also illustrated that a passion or intuition is another powerful source 

for embedding the morality within an individual mind. Their moral argument would not be 

dropped if they may lawfully kill the enemy of Great Mahomet. That is in contrast with 

Christian teachings, "Love your enemy." Most eclectic perception was institutionalized into 

the modern penal laws in a proportionality principle and reasonable sanction or penalty. I 

consider the Syrian authority may argue their moral loyalty, but I am dubious if their process 

is ethically or by ways of reason and law, tolerable. It biologically fails the global community 

and produced a mass of victims in cruel and inhumane ways. Ethics possesses the quality 

of system, institution, co-existence and humanly subsistence, interdependency, and 

organizational dynamism through the global community. Law might share a vast of these 

elements, and come closer to the requirement of ethics. Most of legal scholars consider the 

positivist law of extremist nature as illegitimate as in the case of Nazis’ dictatorship. And the 

quasi-religious nature of socialist laws also is subject to the criticism and international 

resilience from the western legal society. The context of present days contention involving 

Syria, in delicacies and flavor, emanates the confrontation between the West and Quasi-East 

in strands. They would not be a communist regime that they are Quasi-East. Their perception 

about the morality and political virtue are idealistic and absolute, but cruel and relentless, and 

likely disparage the balanced concept or proportionality element in human understanding. I 

suppose they are not identical in religion, but the tone or atmosphere overlap in impression.  

I consider the cause seems mature to ground a sanction, and some of practical points should 

follow in calculus. For example, one commentator saw the sanction is necessary to give a 

lesson to North Korea. The chances about some of possibly tragic military confrontation with 

Russia or China would also come into play. The capability on preemptive measure seems 

very encouraging on the side of US military. The consequence, however, may bring an 

eruption of retaliatory action in other region. We may agree on a little subtlety in difference 

from other cases in this region. I consider the positive factors outweigh a 

retraction alternative if Syria continues to miscarry the ethics of global society in their 

morality ground.  Thank you for sharing. 

RE: Wk2Disc1KHedgepeth-main post 

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Author: 

Kiyoung Kim  

Posted Date: 

September 12, 2013 4:22 AM 

 Hi. Kristina. 

I agree that you seem very penetrating the ethics and morality. It seems applicable that the 

ethics often is required in the settings of workplace and so. It is precisely true that the extra-

marital affairs seem to fail both of work ethics and morality. That is in comparison with the 

moral demand involving a before marriage sex. Those also would be an example in irony 

between the passive dictate and affirmative one. Not always though, the morality often 

appears to be given in some of passive dictate than the ethics. For example, we may construct 

some of work ethics to convert his religion from Christian to Muslim in the end that 

facilitates the multinational corporation operating in the Arab states. If not to respect the 

work command to convert, she may lawfully be dismissed without any violation of fair 

employment statute. How do you assess this powerful influence of work ethics to intervene a 

sacred domain of personality? The other context in quite opposite may be illustrated with the 

case of forceful coercion to foot on the Cross. Of course, this way would be an effective 

measure for the soldiers to distinguish from the Christian people on hostility, particularly in 

the war time. The job ethics of dominant military on the conquered land may not see it 

seriously problematic, but we would see this conduct immoral. I consider those cases show 

the adaptive or circumstantial nature of work ethics than the morality itself. In any case, we 

often do not say “work morality” although we talk about “work ethics.” I agree on your view. 

Respectfully.   

RE: Ethics and Morality 

Author: 

Kiyoung Kim  

Posted Date: 

September 12, 2013 2:45 AM 

Hi. Pamela. 

Thanks for the posting. I agree that the ethics and morality are a form of building good 

human character. They likely enable humans on consistency and pleasure to keep on their 

integrity. The breach of code of conduct contrary to the prevailing force of society would 

certainly disrupt a self or ego. This means a failure of self in a myopic implication and public 

education in the larger scale. Conscience is one strand between the two, but highly 

individualistic and might be a modern equivalent of contient from the Aristotle’s version. 

Aristotle said contientis not friendly with a virtuous agent or ethical administrators and 

governor. Hence the notion, conscience, seems more affiliated with morality than ethics, but 

could be occasionally not shared even in the name of morality. Then, the concept would be 

nearer to the religious dimension as we see the controversy of conscientious objector against 

the war. I like to know your thought among the three strands if the state could interrupt the 

person, say, a conscience objector, on the libertarian beliefs. If his belief is absolute and not 

swayed, is it permissible to abridge his or her libertarian way to build his character? How do 

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you perceive if only the state has a definite say on morality? Any point in distinction in 

dealing with the issue between the liberalism and libertarianism? Respectfully. 

 RE: Ethics and Morals: Kathy J Shelton 

Author: 

Kiyoung Kim  

Posted Date: 

September 12, 2013 4:55 AM 

Hi! Kathy. Thank you for the posting. Next time I will make it sure to be seen a sufficient 

font size in any untroubled vision. You seem to do very good on your nursing job and 

cumbersome issues faced daily within your job responsibility. I entirely agree that the ethics 

are presumed on some of knowledge and intent dimension, and get variable on the 

circumstances. You may retire that your business ethics may become vitiated, but the 

morality still stands at even the aged years. So the ethics discourse, as you stated, would be 

“….on the accord that your upbringing, schooling, and practice are congruent with what is 

ethically reasonable to deliver the healthcare.” Then we may have some sense if we juxtapose 

those, “Professional Code of Conduct,” “Code of Conduct for the Multinational Corporations,” 

and etc, which are against a non-denominated, “Code of Conduct. The latter would perhaps 

be a (human) Code of Conduct to define a morality. Given this perception, the ethics would 

be an enhanced concept, but be contested still from the morality. As you illustrated, the right 

to die in comfort and peace for the extremely painful patients would rise. I also favor a 

virtuous agent, like the doctor, Jack Kevokian, but unfortunately their practice seems 

excessively controlled by the government. Do you see the current rule of judiciary should be 

sustained between the medical ethics and human morality? Respectfully. 

Author: Kiyoung Kim  

Posted Date: September 13, 2013 10:46 AM 

  Hi! RAE.  

Great post! I have enjoyed reading. We read that the state or political community in the 

Aristotle’s exists a priori from an individual citizen. This context of collective supremacy or 

presage of communal being is also found in his teachers, say, Socrates and Plato. For 

example, Socrates, in his dialogue with a friend at the imminence of death, had a high tone of 

preaching about the rightfulness to thank one’s parents and society. An individual can only be 

an esteemed being since he is bred and educated by the parents and society. He, therefore, 

objects to debase the legitimacy of death penalty, and thought to be honored if he were to 

respect the state order. This classic assumption, as basic in our dealings, would also be shared 

in the Confucianism of Orient. They conceived the loyalty and faith to their parents and state 

as a most ultimate beauty or fineness, hence, ethical and moral as inviolable from other social 

or individual needs. However, I consider this does not endorse a communism, monarchy or 

the type of totalitarian form of government. A dictatorship on the staticism, such as 

fascism,  corporate or social nationalism, would also come defaulted as historically contested 

and proven. For another example, the former Soviet constitution set forth the duty of children 

to foster their aged parents as a public matter. However, I am dubious if that provision could 

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yield any more effect than the lasses faire system about a faith to their parents. The 

constitution also prescribed the duty of denizen to serve the community in their highest of 

talent and capabilities. This virtue to view the community or politics supreme and not 

tempered actually has been dangerous on the historical lessons. Regarding the final sentence 

of posting, I agree that the libertarians may, in some cases, be penalized in accordance with 

the state law. However, it should be scrupulous as a matter of criminal policy. For example, 

anarcho-communism may be subject to the higher standard from the clear and present danger 

rule if we consider its possible evils on the sedition and insurgency. Hippie, one expression of 

libertarian idea, should have been considered in view of the constitutional right of privacy on 

one hand, and its harm against the society on the other. I rather, in this sense, advocate the 

delicacies and eclectic view between the state and one or agent. The balance test was rejected 

that the 1970 and 80’s Korea punished them for some days of imprisonment or treated as a 

petit offense. This is now critiqued by concerned intellectuals in Korea, who argued on its 

infringement on the privacy right. You also said that a possession of firearms is sanctioned in 

the State of Virginia. However, I am increasingly has some differing view that we may be 

prudent if we regulate more tightly for the public peace and against a high rate of killings 

from this context. Your thought?Respectfully. 

Author: Kiyoung Kim  

Posted Date: September 13, 2013 9:42 AM 

Hi! Amata. 

 Thank you for the posting. I found your final sentence touching on the Korean context in 

1950; “it would be unethical not to flourish nor fight for the pursuit of liberty and happiness.” 

Sixteen liberating nations, in due cause, willingly engaged to fight against the aggression of 

northern communists in Korea. They certainly were virtuous agents or countries gladly 

assuming the massive risk of sacrifices and casualties in the Korean war. Hence, the 

friendship between South Korea and US has been strong and continues as President Obama 

stressed in the previous speech of Arlington Memorial. I regret, however, that the northern 

regime accused South Korea and US as a parasite or an object to be stricken off. They do not 

merely say “unethical” or immoral, but they go further to define the relations in the plot of 

US imperialism or saw South Korea as the kind of watch dog to ensure the US interests in 

this region. It is paradoxical, however, that they are a worst of human right record, but 

mentioned a bit the kind of center-periphery theory. They are highly scientific, and, of course, 

critiquing on the capitalist economy between South Korea and US. But they persecute for 

their political objectives and actually is one of world least economies in the statistics. They 

stress on a state sovereignty, but sustain a generations of dictatorship. I consider the points of 

ethics differ in our case. I like to ask how we could reconcile the conflict of ethics if we 

borrow the Aristotle’s idea. If in a Korean case, how could we see the difference between a 

friendship of two countries and northern accusation about the state sovereignty? Respectfully. 

RE: Bravo! 

Author: Kiyoung Kim  

Posted Date: 

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September 13, 2013 5:48 AM 

         Thank you for Kathy. Your question is stimulating to see the nature of policy or 

administration expertise. Most of policy decisions, particularly in the federal system of 

United States, would involve a wealth redistribution or social justice issue. A scope of policy 

tools, say, programs, projects, action plans, contracts or partnership would have an impact to 

lead the society in some intended direction and often underlie an issue of economic 

assessment. While many competing interests or factors are considered, they often come 

secondary as any final point of deliberation. The federal government is grossly a provisional 

nature of state than regulatory one in the US. Hence, this aspect generally intensifies than the 

unitary form of government, such as Korea and Thailand. A dual sovereignty between the 

state and federal governments requires the public administrators more sensitive about the 

policy effect from their funding or granting to the state entities or other linked system 

between the funds and their obligations. Therefore, I consider the economic aspect 

approaches seriously as we see in the contention around 1930’s about the role and scope of 

public intervention within two types of sphere. This point of consideration, as you know, also 

matters with the political issues between the Republicans and Democrats. For example, the 

environmental policy may incur a different extent of federal measure, and reshapes the 

division of responsibility between the federal and state governments. Given the role and 

nature of public administration on this focus, this week’s topic dealing with the liberalism 

and libertarianism is thought very useful to see a philosophical foundation about the 

humanity, social justice, and economic arrangement. Also interesting is that we have a 

political party named and represented for the libertarian virtue in US.  

             The controversy and departure seem to originate as centers on the politics, liberty 

and economy or property right. The Three Estates and their feudal interest fell to be contested 

in 18
th

 France, and the politics fluctuated although the revolutionary spirit of liberty and 

property right could keep sacred throughout. In my research, I can confirm that the libertarian 

school of thoughts or ideas obtained a practical feature in the turmoil of French revolution 

and Napoleon’s rule. Libertie is a French word to glorify the liberation of Napoleon perhaps 

against the prevailing hostility on Ancien Regime. A libertarianism seems rather radical than 

the liberalism with a principal point of identification between the justification of rule and 

liberty. Hence, the theme is fundamental in “politics vs. individual liberty” while the 

liberalism would come more squarely and in diverse aspects of humanity. In the course of 

history and varying politics of localities, the libertarian idea developed in different forms. 

More extreme is the anarchism, which may be shared by both capitalist libertarians and 

communist ones. Once I read the article about one of greater teachers in 1930’s US, who 

spent their later life in devotion to writings and growing plants in their garden zoned on their 

own. I could not tell his name instantly, but he, one of eminent socialist leader at that time, 

shows the pattern of their livings. In the historical progress on this ideal, Pierre Pourdon’s 

perception about the true nature of property and economy was articulated into the tenet of 

mutualism in the economic relations. The theoretical work of Peter Kropotkin also represents 

one ramification from the libertarian ideas, as read in his Conquete du Pain. He enlightened 

an anarcho-communism, which succeeded the tradition of liberty and personal autonomy. 

They, then, tend to develop a distrust on the mainstream politics and dominant frame of 

market economy. Their concept on property may be shown typically by their proposition of 

“personal property” rather than “private property.” They farm for their own needs and may 

get the products mostly handmade. They may, if necessary, meet to exchange their products, 



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but not for the commercial interests but on the mutualism to be lived in the liberty and against 

the hyper-structure of rule or governance. That might be similar with our discussion work  in 

an analogy or feel if the context is non-commercial and mutual. Shabby, but intrinsic, and 

posed by some hyper pressure with any of grand topic or theory, but finally becomes 

liberated if to write and present.  

             As a public administrator, the libertarian theory or tenet would likely lead us to some 

fundamental point of rethinking about the system, humanity, society and routine intoxication 

from the practices or series of policy decision. A most factor in reflection is that the public 

administrators are a trusted class to determine on serious materialistic issue and any desired 

outcome. They are also required to respect the popular will of society and act in the line 

authority or hierarchy in command and responsibility. Then the theory or tenet would go 

merely intelligible or indirect on their public responsibility. However, some points can also 

be raised in view of the bureaucratic ethics and their consistency or track unaffected by the 

switch of government or new directors. The libertarianism may, nonetheless, go dubious how 

much it could practically works on the policy makers or administrators. The Mondrean 

concept of market or Green peace group in Europe may be viewed in the libertarian ethos, 

and the environmentalism may profile in assessing the libertarian thought. But its influence 

would not be clear since it actually is a minor party or less organized group unlike the 

Republicans or Democrats. I hope this to answer your question. Respectfully.    

Author: Kiyoung Kim  

Posted Date: 

September 12, 2013 1:27 AM 

Hi. Susan. 

I agree that the consistency and integrity are important to behave as an ethical administrator. 

The design approach, in the Cooper’s proposition, may help the way that the administrators 

may figure out what to do, and to find a right fit to address the difficult ethical dilemmas. 

This serves standardizing the ethical practice in an amalgam as a professional agent, as 

leveled distinctively from the lay persons and based on the general requirements through a 

respective trait posed by each issue. The practice would likely be an operating manual against 

ad hoc basis judgment, and facilitates an unbiased and neutral administration about the ethical 

dilemma. Without the inconsistency and integrity, I believe that any unbiased or neutral 

administration would be impossible. Respecfully. 

Author: 

Kiyoung Kim  

Posted Date: 

September 20, 2013 10:56 AM 

Hi. Freda. 

              I have enjoyed reading your thoughtful post. I agree that the external goods, such as 

power, money, and status, should be finely matched with the prospective officers, who 

possess a quality, character, enthusiasm and so. Galton once said that the respected leadership 



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has some of hereditary attributes. The version now may take some of differing concepts over 

the interplay between the internal goods and external goods. In the times of democratic rule, 

the educated citizens come to be eligible to practice their vision and conception of public 

values. That would be harder or inconceivable if we live in the Ancien Regime. You had been 

raised in Newark, which is your loved hometown. I believe that your attachment or 

enthusiasm as a public planner would not be questioned. It underscores that you also have a 

good temper with and respect for the standard ethics from the American Society of Public 

Administration.  

              You made a point between the public administrators and elected officials. That 

generally is true as we learnt. For example, it would be same as Korea that the public 

administrators often times are convoluted from the lengthy approval contingencies. The red 

tape practice also would incur bureaucratic inefficiencies. However, the career experiences as 

a public administrator, later likely provide some of background to win the public election in 

Korea. The status would make a good career path toward an elected official, so that the 

values or principles may be shared, as you pointed, “political economy, social order, and 

popular sovereignty.” I am dubious, however, how much the elected officials value the 

concept of efficiency. Your thought? As Caroline Whitbeck stated, I consider the practical 

aspect seems important, and the administrators may be helped if to figure out what to do 

about the ethical problems. In his view, the kind of concept, say, defining a problem and 

generation of alternative solutions, gathering information would certainly be a working 

ethical process as we also learn in the Cooper’s model. The bureaucratic practice, then, could 

be a distinct preserve of wisdom precedent, at least, in each of administrator’s domain, and 

may serve a frontier-reshaping by the faithful and self-cultivating public servants. How much 

do you agree if the ethical issue is not merely a simple nature of judgment? Thank you for the 

great post.    

RE: Wk3DiscKHedgepeth-main post 

Author: 

Kiyoung Kim  

Posted Date: 

September 20, 2013 9:44 AM 

Hi. Christina. 

 The example would be best when we consider an ethical issue. Often the police is viewed a 

top ranked institution as a matter of public credibility. The police make a high impression on 

justice and their loyalty for the public, and they are a useful source of cinema and novel 

stories. Some gangsters or rascals would menace the community, and a detective or special 

unit counters to finally capture a culprit or eliminate the rascals. To become a police officer 

had been taken highly honorable in Korea since it serves a social cause, relatively high 

income from the tradition of underdeveloped country, and seniority system or national 

pension benefit. A high share of my students aspires for the job, and devotes much time to 

prepare for the National Police Exam. The income context decreased since Korea is now one 

of developed countries. They could not be said as of highly paid now, but the decades of 

economic recession and the job stability of police would still be attractive as a good career 

alternative. These points are for the Korean police officers, and I wonder how the US context 

operates. We generally consider the level of pay rendered for the public employees weigh 

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about the probability of bribery, theft, embezzlement and so. You may agree if one way to 

respond with the depraved or unethical behavior might be to encourage their public 

impression and their value for the community? Also your statement about a hardship of Chief 

can be shared equally with a Korean case. The police officers generally are firmly tied in 

spirit and morale that they may go unethically further to hide their subsidiaries or fellows. I 

agree that the best way to find a fit in the ethical decision making model seems a 

proportionality principle between the culpability and disciplinary measure. The issue still 

problematic would be how to educate the petit offenders, the small theft, since their 

propensity would be same as the large theft regardless of their theft amount in dollars. Hence, 

the sanctity of organizations is still possibly to be tarnished unless they are removed or 

cultivated to be reborn as a good officer. Your thought? Thank you for this excellent post. 

RE: Domaneneicka McDaniel: Discussion - Week 4 

Author: 

Kiyoung Kim  

Posted Date: 

September 27, 2013 11:56 AM 

Hi. Domaneneicka. 

 Thank you for your interesting post-modern prose or narrative on this stiff topic. It actually 

gets leading to the point convivially. Kindly allow to ask several questions. I wonder what the 

“political human rights” actually imply. Is it the same notion about a “political justice” that 

the human rights critique employs to satire a judicial policy on the emergent national needs, 

such as in the Guantanamo camp or others. You juxtaposed the political, party-political, and 

communal rights with the human rights. I got the point, but actually what does the communal 

rights mean? If you mean the political rights are the kind of suffrage right or participation to 

the government, those would likely be a classic human right. You perhaps indicate “power” 

than right? Then it should be placed in dissimilarities as you said, since both, say, the politics 

and human rights, had struggled. I also like to know if you think it better to exclude the social 

rights since they are “peculiar” from the modernization lawful value. Your 

thought?Respectfully.   

Author: 

Kiyoung Kim  

Posted Date: 

September 27, 2013 11:16 AM 

 Hi. Amin. 

     Thanks for your Great Post, and I enjoyed reading it very much. Your point that the 

human rights are a political progeny than any superstitious ways on sanctity would fairly 

enable to see the realities and need of human strife to watch the progress. Your view would 

also corroborate with the kind of legal positivism from Austin or Heart to pursue any ground 

for the validity of laws. They saw the sovereign command only could ground the source of 

laws. Suppose, however, that the natural rights concept and American legal realism marched 

forward its way through the world history. I am afraid if you agree that there would be a 

sphere which a mere political majority could not take a control over. A legal positivism from 

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the German tradition also rather finds the validity and effect of law from the social custom or 

legal fundamentalism, as slightly different from Austin or Hart and your version of political 

rights. For example, we would like a freedom of expression and, of course, champion the 

right to know in the context of pursuit of happiness. Suppose that the majority congress shut 

down any opportunities about the books. How do you tolerate if you are an avid reader to 

know, or publication mania? Consider if the property rights are not ensured on easy 

confiscation and condemnation from the Eminent Domain without just compensation, how do 

you tolerate your loss of long works and efforts to the brand new house and necessities? In 

the normal situation, a sovereign command, social custom or legal fundamentalism would not 

do those vagaries unreasonably, but who bet from that, perhaps a least possibilities. There are 

also the case of extremities in the two World Wars, and Syria now undergoes a contentious 

conflict. The international constitutionalism, as seen in the context of UN, was pushed 

forward initially from this conflict of politics and reflection to restore.  

     The concept, on the natural rights and inviolability of human rights do not negate the 

public reason to regulate the society. I am also not definite on the truths of natural rights, nor 

sure to rebut the legal positivism. My intent is to see the good or bad aspect of those 

assumptions. In any case, the social rights seem more accurately fall within the kind of 

political process argument. The death penalty issue or right to abortion, on the other, would 

rather feel more friendly with the kind of natural law tenet. The practical test would be if the 

Eighth Amendment about the cruel and unusual punishment could be abolished based on the 

political consensus. Some group of extreme natural law theorists would not endorse an effect 

of such constitutional amendment on the ground that it would transgress the inviolable or 

inalienable strand of human rights. The right to same sex marriage or that of homosexuals are 

not a social right within the prevailing concept of classification, but a liberty interest or civil 

right about the personhood or privacy. They could be argued for a legal protection in the 

courtroom when the state power infringes upon those rights. They may seek a legal remedy to 

invalidate the heterosexual public record of marriage or imposition of fines on the 

homosexual relationship.  Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

September 27, 2013 10:06 AM 

 Hi. Derek, Amin and Eric. 

Your illustration about the recent stride within South Arabia and Somalia can signify the 

working concept of human rights. The right to participation in the government is a threshold 

to ensure a democracy. The implications would much be doubled if the women were afforded 

that right. It needs to be noted that the universal suffrage was achieved as late in early 20
th

 

century, which included a woman. Both are critical to ensure an inalienable right to an equal 

freedom between the different sexes. We welcome the recent context of South Arabian 

achievement in this respect. Amin’s comment is also helpful to see the nature of theocracy in 

Middle East states. I wonder, however, how the religion in that region would merely suit a 

King’s control. As far as I know, the women in the Koran states can be honorably retreated 

from the western mode of livings. I rather fear if the enactment of participation right would 

go mere into any ornament or sham provision. The problem to ensure a genuine surge of 



124 

 

women within the government would lie in the affirmative action of government and society 

at large. I consider Eric’s point would be a prevailing view that the social rights would be 

seen a mere prescription or state goals other than right. They generally lack the quality to a 

concrete cause of action in the courtroom. They otherwise would operate in the public street 

to petition for a better law and desired congressional action. However, I also agree that they 

could be a right in some limited scope of social rights, for example, the right to social benefit 

in the context of ex post laws argument and loss incurred therefrom. As the society intensifies 

in communication and interplay, the right to education or free food program for the middle or 

high school students in Korea virtually approaches some kind of anticipatory right although 

not inherited from the God. So the distinction may blur in that perception as you said. Thanks 

for the post, and I have enjoyed reading it. Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 4, 2013 8:44 AM 

Hi Nicholas. 

Thank you for the interesting post. The context of military administration would likely be 

considered out of the normal constitutional ambit perhaps because it has the nature of special 

relations in the purpose of organizational commission and structure. I am dubious if the same 

extent of freedom or liberty interest would be assured of the military personnel, students of 

public schools, and government employees. The scope of these people would be assumed to 

waive, to some extent as required to ensure the organizational commission and purpose, their 

constitutional rights. This theory of distinctive treatment against the normal civilians has been 

respected as a matter of law in Germany, France, Japan and Korea. This legal principle has 

increasingly merged into a unitary yardstick for both groups with some exceptions still based 

on the organizational goals and special needs. So the chances to censure a freedom of 

expression in the military are greater, yet to be deemed permissible. The court, if faced with 

the claims for the damages, corrective measure or invalidation of dismissal and other 

disciplinary actions, would, in many probabilities, apply a different standard in assessing the 

argument on the constitutional freedom.   

However, I consider, as Kathy and Dr. T viewed, that the commander had been seriously 

prejudicial about the freedom of expression and equal protection of laws. The comment of 

drill sergeant may be received as the kind of hate speech against the homosexuals, including 

himself. This personal anxiety would drive Sergeant Monk to make a countering statement as 

a “discrimination.” The commander might see it a prejudice against the minority group, say, 

homosexuals, who would be legalized in some state jurisdictions. These points would favor 

his version on this event, but the manner and final disposition, given its severity and 

arbitrariness, seemingly could not stand as Kathy and Dr T. perceived. Sergeant Monk may 

well claim to remedy his grievances from being relieved from his position and banned from 

the unit.  Respectfully. 

RE: Discussion - Week 5. Main post Rachel Morrison 

Author: 

Kiyoung Kim  

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Posted Date: 

October 4, 2013 5:37 AM 

 Hi Rachael. 

 Your view is fairly ambitious and encouraging, and the dealings you implemented as a 

supervisor proactively for perhaps a discrete religious employee are thought to be sustained. 

The dominant practices, however, are not mandatory unlike a maternity leave or child 

breeding vacation. They possess an economic quality, so that could be exchanged in the labor 

market. I suppose it no less meaningful, however, if we review or explore to apply the 

possibilities of a Bentham’s concept on the public value within the workplace we serve, say, 

subsistence, abundance, equality and so. I may not be wrong if the religious need is any more 

important to each personhood. I doubt if any subsistence or abundance, in this highly affluent 

contemporary society other than Bentham’s’ era, can be perfected without a religious, 

cultural or social strand. Do you have the authority, in any case, to shape a constant and 

organized command in this respect? Respectfully.    

Author: 

Kiyoung Kim  

Posted Date: 

October 4, 2013 5:15 AM 

 Hi, Cornelius. 

 I agree on your point about a due treatment of aged prisoners. The criminal justice system 

may serve several goals from the prevailing viewpoint, such as a retribution, prevention, 

correction and so. The dilemma comes in a similar context where Bentham sighed about the 

tension or incongruence between the public utility or value and sinister actors. Do you 

consider if a due pain for the criminals serve a human solidarity. It is a basic propensity and 

humanity strand to impose an extent of retribution against the culpable criminals. One day, I 

came across a newspaper article that the parent of Dodgers fan deplored on the sudden death 

of his son after a baseball game. He was struck on his head with the stool by other spectator, 

and the shock caused him to death. The perpetrator of that violence had been capture and 

investigated by the police, but acquitted instantly since the police found a self defense claim 

valid. The parents likely lost their sense of human solidarity, and actually that point was 

highlighted in the article. Of course, there certainly would be points of legal issues which lay 

persons could not apprehend. Based on the short introduction, however, I may get as same to 

the frustrated parent. Without a justice, the human solidarity seems hardly achieved. How 

much do you believe if the goal of retribution in the national penal system would explain for 

our justice concept? Is it a stronger point than other correctional or educational paradigm of 

criminals? How do you consider it better serving if the privatization of prison facility would 

be expanded? Respecfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 11, 2013 3:30 AM 



126 

 

 Hi. Cornelius and Dr. T. 

 The issue of same sex marriage recently rose in Korea, and according to the similar context 

of US. One male held a marriage ceremony in the public forum and in the gatherings for 

media coverage. After the ceremony, he announced to dispute about the current system of 

heterogeneous marriage only. As Korea adopted a recordation element with the public record 

as a requirement of legally valid marriage, they would be frustrated even if they completed a 

ceremony. Hence, they would have a valid ground to question the constitutionality of 

recordation system and lacking of system to support their case. As Dr. T said, the 

incorporation clause can enforce a respective state to abide by the liberty or equality 

requirement within the Federal constitution. The court perhaps would not be expansive in 

viewing the class of liberty subject to this clause. Perhaps only a fundamental freedom merits 

to require the state to be bound, such as the right to free travel. It is also a matter of discretion, 

and in limits from the constitutional empowering, so it is dubious if the Fed would advance to 

regulate the marriage affairs. If the controversy invokes an equality, and often the ways to be 

dealt, the 14
th

 Amendment can be applied. However, I suppose that the court would be less 

positive to condemn the system of respective state on this matter. Korea is a unitary state on 

the same ethnic background, but that is not the case of US. This would lead to respect each 

state authority in this kind of subtle privacy issue. I am not sure if the matter is any kind of 

federal nature or necessary and proper to advance the federal interest. Hence, the Fed, in high 

chances for the near future, is expected to stay reticent or indirect about this matter. 

Respectfully. 

RE: Discussion 1 - Gender and Equality in the Workplace 

Author: 

Kiyoung Kim  

Posted Date: 

October 11, 2013 2:57 AM 

Hello, Pamela. 

 I agree that the gender equality has to be given a due respect in ensuring the workplace 

democracy. I consider that the pay equality and equal opportunity to promotion would be 

concerned most seriously. In the recent context, it is interesting that Korean congress women 

organized an ad hoc monitoring team by themselves against the male abuse of sexes within 

their House. In the past, one male congressman played on the demeaning statement in the 

informal meeting, which defamed a woman media worker. He was captured under the public 

criticism, and faced the challenges to be disqualified. In other case, a congressman subscribed 

to pornography in the official session of the House. The female team made an official 

statement to denounce such unethical conduct, and urged a proper response. As the society 

develops, the equality seems to develop in any extended complexity and diversity in fashion. 

Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 11, 2013 12:25 AM 

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Hello Dr. T. 

The policy makers often deliberate on the point of what standard would be proper to design 

or implement their policy frame and goals. As Phoenix showed, the earlier thinkers would 

face the dilemma among the democracy, equal quest from a radical emancipation, as well as 

public rationale. They even detested a pure democratic form of government on an extent of 

fear and distrust. The 14
th

 Amendment, as you said, could give a standard that the bureaucrats 

have to refer to administer the complex nature of public policy, say, efficiency, fairness and 

creation of public value. In the course of public policy process, it is notable that the 14
th

 

Amendment even allows a different standard of review, say, strict scrutiny, intermediary one, 

and reasonable test. The suspect classification centers on this theory developed by the courts. 

In the paraplegic case, I consider it to fall within the last standard so that the policy makers 

entertain an ample scope of discretion. On the other hand, a policy measure to deal with the 

suspect classification, such as race, aliens, and other some, requires a more prudence on 

behalf of the congressional or executive officers. It would also compose a bureaucratic ethic 

and the responsible administrator shall mind to review. One interesting point would be the 

“business judgment rule” which relaxes the responsibility of corporate directors and officers. 

Their personal responsibility would diminish on this rule even if they fail to meet the strict 

standard of care and harm his corporation. This rule then could effect to encourage an 

ambitious decision and in reflection of often unforeseeable business environment. I doubt, 

however, this perspective can apply to the context of government if the damages may be 

awarded from the wrong measure of government. Korean jurisdiction strictly limits a 

personal responsibility of governmental employees on very exceptional cases. The business 

decision rule may go toward the same point of concern about the personal responsibility of 

public administrator, which, in conception, includes both sphere. If the business judgment 

rule is enforced strictly, both can converge in the extent of fining a personal responsibility, 

but still the government employees are entitled to the virtually free context of policy framing 

work. I am a little skeptical that the mid rank officials, who are principally responsible to 

shape a specific policy, likely enjoy the immunity, which is similar to the President, Judges or 

Congressmen. The business judgment rule was invented, in contrary force, for the directors of 

private organization, but can offer some lesson for the governmental context. My regards. 

Author: 

Kiyoung Kim  

Posted Date: 

October 12, 2013 9:45 AM 

 Hi Cornelius. 

 I agree on your point that an equal access to the court proceeding would say very much to 

ensure the justice and human rights. Indigent litigants may be afforded a special assistance 

about the court fees and other context. That seems particularly pivotal if the case incurs a 

serious criminal violation and potentially high punishment. You also suggest that the higher 

education and social or economic privileges can well lead to the different status of people. 

The court would once deal with the former context, but it is in their limit that cannot say 

positively to enact or implement. They would say only to rule on the challenged and extant 

institution. We often regret of no mandatory order to provide a free education or welfare 

program in the courtroom, but the kind of dealings should be around the politics or public 



128 

 

ideals. I like to know if any special treatment for the indigents, such as a free counsel or 

court-appointed attorney in the criminal jurisdiction or waiver of court fees in the small 

claims are afforded in South Africa. Your answer? By the way, please disregard the post 

mistakenly uploaded in the name of Derek. Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 12, 2013 9:13 AM 

Hello Nicholas. 

It is not unexpected that Michigan people favor a fair competition based on the learning 

abilities, scholastic aptitude and achievement on the basis of application. It is also 

problematic as you suggest if the students consider it as a usual course of dealing for the 

favorable quota. Korea also is very contentious if any unfair, of course meant in the merit 

based justice, factors affect the admission policy of university. Particularly, most of us have 

the notion that the academics have to worship of merit and intellectual growth. The counter 

thesis may look, besides the points on the “affirmative action” from any positive minds and 

“reversed discrimination” from the negative eyes,  to the academic freedom of university and 

autonomy about the school administration. How do you consider if the school administrators 

see it serve a bright line of goals and can administer on a reasonable ground? Could they 

claim their academic freedom to select their student on their own scale and assessment 

elements? How do you see any difference between the public and private universities? 

Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 12, 2013 8:52 AM 

 Hi Eric. 

 Thanks for your interesting post. Your illustration about the disease and health service seems 

to allow us in a good comparison. One would voluntarily assume the risk if to be harmed 

from the tobacco use. Another person may be economically deprived that could not afford to 

defray their health expense. In terms of the equal justice to social welfare, the second case 

could be remedied if controversial in extent as in the Obama care. In view of libertarian 

concept of equality, the second case would be disputed seriously if to establish a prima facie 

case against the tobacco company, which claim the tort damages. How do you consider if the 

tobacco company claims their right to the original freedom on property and business 

operation? Do you see the argument plausible if the tobacco company has to be responsible 

since they stand on a developed footing about the technology and key information about the 

harms. In factors about a gross disparity in the economic power between the individual 

consumer and big tobacco company, does it comport with the social justice to compensate for 

the death of tobacco patrons? Respectfully. 

 



129 

 

Author: 

Kiyoung Kim  

Posted Date: 

October 12, 2013 8:46 AM 

 Hi Derek. 

 Thanks for your interesting post. Your illustration about the disease and health service seems 

to allow us in a good comparison. One would voluntarily assume the risk if to be harmed 

from the tobacco use. Another person may be economically deprived that could not afford to 

defray their health expense. In terms of the equal justice to social welfare, the second case 

could be remedied if controversial in extent as in the Obama care. In view of libertarian 

concept of equality, the second case would be disputed seriously if to establish a prima facie 

case against the tobacco company, which claim the tort damages. How do you consider if the 

tobacco company claims their right to the original freedom on property and business 

operation? Do you see the argument plausible if the tobacco company has to be responsible 

since they stand on a developed footing about the technology and key information about the 

harms. In factors about a gross disparity in the economic power between the individual 

consumer and big tobacco company, does it comport with the social justice to compensate for 

the death of tobacco patrons? Respectfully. 

 

Author: 

Kiyoung Kim  

Posted Date: 

October 10, 2013 9:44 AM 

Author: 

Kiyoung Kim  

Posted Date: 

October 18, 2013 10:13 PM 

Hi. Cecilia. 

I agree that the girls would be one source for the national income. They work on the house 

chores, but I am dubious if their work value is to be converted into the statistics of GNP or 

that in per capita. We may have some of conversion chart, but is it dealt so? I also agree on 

the serious challenge you mentioned about the male crime rate at his earlier years. Is there 

any tangible measure from the policy makers besides the adverts or oral encouragements? If 

it were to be so, what extent of probabilities do you consider that the law or regulations in 

challenge would be brought to the courtroom.  Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 18, 2013 9:53 PM 

Hi. Ahmed.   



130 

 

Thanks for the interesting post. The context can be applied at the global practices of 

bureaucracy and training scheme. We, however, would not have any definite sensibility in 

agreements. Korea once had the Sam-cheong Training Camp to refresh at an emergence of 

the militaristic rule in 1980. A socially esteemed people had to undertake a severe training in 

the group of criminals and innocent suspects arrested in the street. Korean bureaucrats often 

have a personal perception that his career path may be disadvantaged if to be committed to 

the educational institutions. This apprehension might not be shared with the US and other 

developed countries if they favor and see the life-time learning good to develop their career. 

In those countries, it may be one way to enrich their skills and expertise in the alternative for 

the long years track service in the key post. I am about Michel Foucalt on his churning of 

prison history. One other peer could be the idea of Pan-opticon of Bentham drawn to idealize 

a perfect prison structure. This way of approach seems to be required of public administrators. 

The educational institutions, often managed by key branches of administration, might be 

compatible with the prison setting, but I also see the tightened bureaucrats on his track also 

be seen as same. Is there any promotional discrimination if the Nigerian police officers with 

the experience to be posted into the School. Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 18, 2013 9:17 PM 

Hi. Nicholas. 

I agree that the LAUSD’s initiative on IPad idea concerning the redistributive welfarism 

could encounter any public criticism. I suppose if the food program would not be 

universalized through the public high schools. IPad is an expensive equipment that even 

adults may not use it due to his short pocket expense in Korea. I am also at odds if the IPads 

are dominantly for the learning distraction purposes, although you mentioned that there 

would be some points of concern about the ESL. As we know, the state government has long 

exhibited a fiscal pressure over the years. Is there any independent basis to collect tax on 

behalf of the Unified School District? What purposes other than the redistributive welfare 

would underlie the IPad idea? Given Sen’s functional concept of equality or ambition-

sensitive from Dworkin, equal access to the use of IPads may be agreed. However, I am not 

sure if the students were to be essentialized on the device in any ways about the learning or 

other educational activities. I consider if the poverty or homeless people should be in any 

urgent policy priority? Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 26, 2013 9:19 AM 

Hi Ahmed. 

Thanks for the interesting post. Actually it would be a sad story that the girl was deported to 

Kosovo and allowed to be imported into France. As you said, the negative liberty is real and 

the positive liberty is the kind of power or capability as Sen noted. It has been really 



131 

 

ambitious to integrate the Europe, and place it under some of uniform public administration. 

The labor or social welfare policy could be shared in some extent, and its expansion may 

increase the positive liberty of European citizens. They now progress on the same currency of 

Euro, common recognition and transfer of academic credits, and many of common policies to 

facilitate the basis of individual freedom. In this context, the liberty must be positive other 

than negative. Hence, the level playing field may be assured in any uniform fashion, likely 

the evolution of US democracy and federalism, which enables an individual to be free to 

something. The privileges to interstate travel in the US may be applied to France and Kosovo, 

and the ambit of individual freedom would expand beyond the mere absence of obstacles. In 

other sense, it may be seen a negative liberty if we take a more universal notion about the 

human freedom to travel. Therefore, it seems relative in concept and direction. The practical 

issues in the European integration, I suppose, would trigger a wisdom of public policy and 

political consensus. It actually poses the challenges as we charted in the decades, including 

the financial crisis, popular dissention about the common welfare policy and disapproval of 

European constitution, and so. Given their integration, we agree that the ability to do 

something on behalf of Europeans would enlarge. However, the wealthier Europeans would 

be highly reluctant to endorse the European constitution in order to defend their property 

right and to keep the external constraints to be minimal, which would likely be as the kind of 

conservatives or libertarians are presumed. It is surely imposing if the positive liberty would 

encroach upon the public administrators. We could be aware of the dilemma and trouble if 

European leaders struggle with their tough policy agenda. Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

October 25, 2013 10:41 PM 

 Hi Cornelius. 

 The subjective journalism also once practiced in Korea during 1970’s and 1980’s. In their 

view, the wisest man can select the information useful or not harmful to the society. His or 

her ideal or vision perhaps would be paramount, and generally negates the competition of 

ideas in the market. The basic premise on the free expression and first amendment right could 

be undue until some of leader’s pursuit is completed. Hence, the normal apprehension about 

the liberty and equality can dispense way which presumes an understanding “born equal 

under the God.” Galton’s way of approach about the leadership quality or Joseph de 

Maistre’s belief would be more powerful in their case. In Korea, the context of 1970’s 1980’s 

government is still in dispute and feud about the identity, ethics, and political ideals of Korea 

as well as its legitimacy among the historians, which hovers around the industrialism and 

democratic fashion of rule, such as the free press and expression. The vision of economically 

developed countries can deserve a first priority for some of radical critique as in the case of 

Bismarck. As Koreans lack the phase in history on the absolute power and national 

industrialization, say, Queen Victoria in Great Britain around the mid of 19 century or the 

State Premier Wismark in Germany under the Wilhelm administration, they generally see it 

inextricable that President Park and other militaristic groups may reign to lead the country in 

their ambit and vision. Other camp, often democratic adherents, perceived it critical on a 

dominant ethos of democracy. How do you consider your native country in this frame of 

analytical lens?  Respectfully.    



132 

 

Author: 

Kiyoung Kim  

Posted Date: 

October 25, 2013 10:03 PM 

Hello Nicholas. 

 Thanks for the interesting post. If people would often be staunch on their religious beliefs, it 

might go controversial. You just narrated the fact, and I see little basis to provoke any peer. It 

would be obvious that cutting hands is any cruel and unusual punishment. Stoning to death 

the women would also be intolerable for the eyes of normal humans, who committed an 

adultery. On the other hand, as the religious piety often shapes a dominant part of human 

subsistence as we believe in Jesus Christ, I also suppose it might be plausible for the Muslims 

in the course of justice administration to impose such a cruel punishment. The point likely 

underlies in the Eighth Amendment of US Constitution where the punishment should be 

humanly. We are surprised to see over 200 years of democratic history since 1789 

Constitution has been gone as irrelevant with the Muslim states. Hence, their regime would 

be classed in more proper terms as theocracy other than democracy. In mere a shape of 

punishment, the Orient feudal history also exposes an inquisitive nature of criminal process, 

torture and cruel punishment. Hence, we also are skeptical if the “rule of man” could seriate 

the kind of Muslim, monarchy and communism. We also suspect what nature of human 

elements is governing or determines the dominant dimension of human as explored by 

German psychologist G. Freud. Some might be honest if the woman deserves a death who 

committed an adultery. That might saturate our intuition or the kind of id instantly. That 

might be most strong depending on an individual or even universally. In this case, the 

dimension of ego or in some cases super ego, which usually requires a reason and complex 

notion of phenomenon may get left secondary for them. In Korea, there has long been a 

debate about the abolition of death penalty. Often the voice of recognition had prevailed and 

the abolitionists failed to achieve a popular support. A logic and metaphor of advocates on 

the death penalty rely on the injustice between the perpetrator and victims as well as honest 

pathos of humanity about the rightfulness of retribution. Hence it involves points of concern 

covering the criminal policy and justice system, legal pluralism, the tension between the 

natural laws and positivism, and so. In any case, we may be wiser not to intervene a domestic 

jurisdiction or internal affairs of nation. The problem may likely be developed into the breach 

of public peace or harms against the international community.  The notions may not be easily 

defined, however. Nonetheless we may know some course or pattern in the last half century. I 

also agree on your bright comment about Turkey. It is a bigger country which probably 

possesses the quality to take a leading role in the advancement of region. In my native 

country, the saying is “if it is small, it would more likely be cruel.” Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

November 2, 2013 4:17 AM 

 Hi! Rae. 



133 

 

You pointed to a serious issue that the e-communication or business could create. I also share 

the fear and human indignity which the abusive or unconcerned management decision can 

bring about. While the ethical standard could not be strictly required of private organizations, 

the ethics and responsibility of business manager likely are only recourse the public could 

rely on. Along with the invasion of privacy issue, the e-business grossly is not amenable to 

public controls so that the business entities often are not in the corporate form, but largely 

limited liability corporate. A notion or value from the concept of fiduciary duty and other 

traditional ethics embedded on the partnership could easily dispense away. A tax evasion or 

other aspect of unethical management including the privacy issue actually is challenging. 

How do you consider any effective way to remedy this phenomenon? How much the 

education and training program about the entrepreneurship could save this predicament if it 

were to be mandatory? Respetfully. 

 Author: 

Kiyoung Kim  

Posted Date: 

November 2, 2013 3:48 AM 

 Hi! Phoenix. 

Great post to see our reality. The tendency of employers on the incentive or bonus system is 

really awakening if the positive controls often could be acceptable. Some of firms in Korea, 

often on an advanced footing, also follow the kind of US employer’s practice. It seems to 

permeate to develop delicate grievances about the liberty and equality within the workplace. 

As the private management largely could go in his own judgment, it might discriminate the 

smokers or other nonconforming workers to the organizational policy. The employers in the 

US, concerning the labor relations, would be the kind of beneficiaries who are often 

unregulated or less intervened by the government. You hinted that the policy would be 

motivated by the cost benefit calculation. It may work to preserve the workforce in quality 

standard. However, there could be some of socialization issue if it could discriminate or 

infringes directly or indirectly with the liberty of person. Some may think that smoking is one 

way to pursue the happiness as critically related with the freedom of lifestyle. It could be 

patently offensive if his peer is afforded a large bonus. He may feel alienated or even 

punished if the workplace is any whole of his life context as often we conceive. In a 

disappointment, he may head around to rely on the lebens philosophie or murmur why we 

live. The subjective philosophy of vitalism or importance in the immediacy of experience, as 

held by Bergson, may have supported his long years of work life, but eventually proves 

devalued objectively by the managers. Managers would be a strong rationalist to support the 

organizational policy, but the employee’s personal dimension was affected. In any case, we 

often take it as granted that smoking is worst in the society. And this view likely is prevailing. 

As a smoker, I also would not recommend others to smoke. How do you consider why the 

public insurance has yet to be mandated to compensate the victims of smoking and how the 

incentive scheme could expand in the near future. Is it to be planned on the public enterprises 

or governmental branches?  

 Respectfully.     



134 

 

Kiyoung Kim  

Posted Date: 

November 1, 2013 10:30 PM 

Hi. Trudy. 

Thank you for your practical points in the posting. The federal government, especially the 

court, seems to impose a rather strong policy in the purpose for some uniform fashion of 

FELA in the civil proceedings. While the civil procedure would dominantly be a creature of 

respective state and Erie doctrine were to be in a higher profile, the concept of federal 

common law seems to be on track about the labor dispute. I am concerned of what you 

actually mean about “At Will” concerning the state government. Often we have a notion on 

the Federal Supremacy between the state and Federal governments. How much were it to be 

variegated if the issue underlies the employment relationships other than the traditional scope 

of human rights? Is it really true that the state government entertains so ample a discretion or 

autonomy to manage the labor issues on their own? The employment at will doctrine, in my 

surmise, could be restricted to the private nature of contract. Your thoughts? 

Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

November 9, 2013 3:53 AM 

 Hi. Eric. 

 Your quote of Slotes seems to fairly lead us to any bright line of conceptions about the 

principle. They would be pivotal to sustain the ethics of public administration, say, equality 

of liberties, difference principle as well as public value for the maximum advantages of all. 

We would be bereft of human resources if we end at this point. Hence, the ideals or ultimate 

principles  seemingly could be played out only by ethical leaders. The aspect of ethics would 

likely be viewed as a litmus test making it distinct from the pure theory of political power. In 

this context, your illustration of mayor’s failure on the ethical standard would be an 

ingredient in this area of concern. Often the argument or perception seems so persuasive so 

that we generally are empathetic on the role of capital or businesses and government. They 

are key engineers and actors to address the status and vision of society. Hence the leadership 

or entrepreneurship discourse would flourish, and new technologies have advanced the 

paradigm of business enabling the individuals to form a small or solo business than any other 

times. Some of small enterprises based on the electronic creativity now could earn a 

tremendous amount of dollars just on a few work in the internet paradigm. Now the ethics 

lecturers could attain a social popularity, manage their consulting service, and make a profit. 

Therefore, the ethics of public administration needs to be approached beyond the traditional 

form or narrative. For example, e-ethics can be discussed. However, still the check and 

monitoring context of civil society seems to come into play despite the diversity or pluralistic 

trend of ethics. A biological environment of industrialism concerns an imbalance in power 

between the big and small businesses. The monster businesses in Korea, which are small in 

number and what are called chaebol, could well be compared to the government in terms of 



135 

 

influence and social prestige. I consider two alternatives can be said about the ways to check 

and monitor the ethics of administrators, i.e., national and international. Some cases may do 

good on the popular recall system of elected officials. The civil pressure and the role of press 

can also function leading the government and enterprises to see a right way. An enactment of 

ethical code or law would be an immediate way to address the issues as in the international 

code of ethics required of multinational corporations and the anti-corruption laws as 

nationally and internationally pursued. With regards to this problem, OECD guidelines would 

be useful, but the progress seems not to be remarked in each national context. A bad aspect of 

international approach would be less practical to penetrate the issue to some root basis. Is 

your case one time incident or over long time? How would the local system operate with or 

without the popular recall? Is it the country which does not have an anti-corruption statute 

unlike the US? How much is it serious within the national criminal policy? Recently many 

beloved entertainers were seriously condemned in Korea who had a shot of propople, the 

kind of cocaine. Respectfully.         

Author: 

Kiyoung Kim  

Posted Date: 

November 9, 2013 3:41 AM 

Hi Pamela. 

 I agree that the criminal justice system is another battle ground for the social justice besides 

an econo-political contention. Stand your ground laws had also been debated, and the 

attributes of each nation would lead to a different design in some area of criminal policy. 

Given the sparse populace and diversity in demography, it might be wiser to expand the 

legitimacy and more space for self-defense. That could differ in Korea concerning those 

factors, as well as particularly on the right to bear arms. The culture and passion then would 

also distort the criminal justice in a variegated form. As much an extent of similarity with the 

model penal code could be one alternative to respond with the criticism. That could, however, 

face the challenges from an independent state ground. Hence I suppose it fairly difficult to 

assuage for social justice. In Korea, the criminal issue provoking the social injustice would be 

a burden of attorney fees. In sayings, “The richer being acquitted, the poorer should be found 

guilty.” It might be seen as some of Voltaire-like prose in some dereliction of 18
th

 century 

common law court on its delay, barrier from the nobility, masked judges of self-interest or 

social sections. A recent trauma would be the group of Korean superrich who was alleged to 

commit a fraudulent accounting and embezzlement. Unlike an Enron case, they often have 

not been delivered a serious sentence which disrupts the public sense of justice. One example 

to be welcomed, however, was a heightened frame of criminal penalty against the bribed 

government officers. It was achieved by the amendment of statutes. In the Korean context, 

the legislature has seldom been criticized because of the wrong or unreasonable criminal 

policy. The judicial branch had been otherwise. How is it in the state of Florida? Respectfully. 

RE: Wk10DiscKHedgepeth-main post 

Author: 

Kiyoung Kim  

Posted Date: 

November 9, 2013 3:33 AM 

https://wa.elearning.laureate.net/webapps/discussionboard/do/message?action=list_messages&user_id=_166828_1&conf_id=_602881_1&forum_id=_1505377_1&course_id=_3461476_1&nav=discussion_board&message_id=_27312971_1


136 

 

Status: 

Published 

 Hi Kristina. 

 Thanks for the interesting post. I also consider we often face with the challenge between 

one’s fair share and strict egalitarianism. Actually how we perceive or comprehend one’s fair 

share entails a tack of points entangled with the social ethos and system, individual virtue, 

culture, national moralities, and history. As the state governments in US are debted across the 

nation, it might trouble if not successful to pass the bills. They perhaps could no longer 

collect more money from the tax payers. How do you consider if the bill would be proposed 

in the next time? If in some greatest materialistic affluence or worst level, it seems that a 

strict egalitarian argumentation may prevail or serve as in decadence or communism. 

However, the concept of justice and one’s fair share could not be automated to sustain any 

level or quality of welfare provision. The kind of ethics dialogue may be similarly required, 

beyond the moral administration, of the deprived group or individuals if we are a part of 

capitalistic industrialism. In this line of thought, I suppose that the moral capitalism and 

bureaucratic ethics from M. Weber could make some of insight. Respectfully. 

Author: Kiyoung Kim  

Posted Date: 

November 16, 2013 3:54 AM 

 Hi. Gerald, 

 I agree on the point that the employers are actually a prime authority to manage the scope of 

issues on his business. It bears a proposition of modern human rights about the property and 

economic freedom. However, I am dubious if the employers are so afforded both with a tax 

benefit or other governmental incentives and their autonomy of decision still intact. 

Phoenix’s view rather seems practical that the equitable quota may increase a mutual interest 

in the society. Some aspect in your viewpoint may imply some of policy failure in effecting 

the desired ends. The public may prefer a more prudent policy design which depends on the 

nature of business and some of mandatory trade between the incentives and hiring quota. The 

vets may not be inferior in certain jobs or businesses. Those may be targeted in primacy and 

as mandatory. Simultaneously, the policy design in other area of jobs may take its scheme as 

experimental and relatively expanded as well as in the option to choose between the 

incentives and hiring. I mean that a pursuit to the end consequence needs to be ensured, and 

that it seems not even economically meritorious to dump all the cards to the employers. Your 

thoughts? Thank you for the thought provoking post. Respectfully.     

Author: Kiyoung Kim  

Posted Date: 

November 16, 2013 3:49 AM 

 Hi. Eric, 

 I agree on your point that the public education is sacred and deserves a due regard on its 

autonomy, faith and commitment. The unethical behaviors of teachers are really surprising, 



137 

 

particularly because they are educators as responsible to breed their students in any exactly 

opposite way. A cheating is unethical which would neither be controverted nor granted an 

excuse not varying with the organizational culture or societal expectations. I may add some 

more about a cheating in the exam context. In Korea, the TOEFL test regularly has long been 

administered, and some occasion suffer a post-measure null due to a cheating or 

impermissible conduct of the Korean test takers. A small allegation for the misconduct of 

other Asian countries also offer a basis to null the whole context of test. Other innocent test 

takers in this case may feel or ascertain they performed well, but has to obey the ETS decree 

of invalidation. That may comply with the requirement of justice since the test must have 

been stained in the whole. However, it may be compared with the Atlanta incident that the 

TOEFL case failed to deliver a justice specifically unlike that suited for the unethical and 

cheating teachers. This organizational policy of ETS was not questioned expressly by public 

or the group of test takers, but often creates an unidentified stigma for the foreign English 

students or test takers. The test takers could well be disposed that they are collectively 

distrusted or prejudiced from the ETS’ discrete dealings than the normal justice 

administration. I am not sure if they are refunded of the test fee. However, it would be 

obvious that the innocent test takers incur other costs or loss of time, effort and opportunity. 

The organizational culture of ETS may come reasonable as differed if it involves the 

international context of administration. I also suppose if it may be one example of segmented 

equity Frederickson presented. However, I verify that the universal quest for any more 

refined distributive justice comparable to the domestic nature is fairly strong in Korea or 

perhaps other countries. A discipline or sanction should be for the unethical or cheating test 

takers, not for the innocent others. Your thoughts?  Respectfully.    

Author: 

Kiyoung Kim  

Posted Date: 

November 16, 2013 3:00 AM 

 Hi. Susan. 

 Thanks for raising a sensitive issue. A pay rise or public insurance is certainly the point of 

primary concern the wage workers attend with. As you agree, the response from Phoenix 

seems realistic and plausibly addresses our current status. A unionization would serve the 

social justice and equity, which, however, should be economically inefficient and often felt 

the kind of feasant to merely reproduce. I would be a middle income earner in Korea, and 

pays much of taxes and public insurance in draining my gross amount to 70 percents in net. I 

am doubtful if any richer class will pay more than me. The social injustice or inequity is 

actually squeezing and one of power games in the society. I am merely strolled around 

several points as instantly inspired. First, the core concept of “competitiveness” has to be 

questioned. This concept thrills the capital, and they tend to accumulate their income or 

revenue for the future risk or some more profitable alternatives, and so on. That could distort 

a more desired status of social reproduction and can marginalize the worse class. We often 

rest on the idea as quai-religious, “natural selection or survival of fittest,” but I may suppose 

that the tendency on the capital is never a matter of nature, rather a mere superstitious 

interplay on the mutual distrust among the capitals and competitiveness enslavement. I 

consider a social consensus could be negotiated or turned into any reality. Second, we can 

have an idea that the earlier capital was absolutely subjected to the Royal control. The Royal 



138 

 

charter has been only a ground that they perform the commercial activities as we see in 

history. Now the logic and hierarchy were overturned that the narrative of economic freedom 

overwhelms (i) intellectually the concept of sovereignty, (ii) practically political power and 

(iii) ethically public virtue. A worse aspect of monopoly and dominance in the earlier charter 

enterprises now remains, but the state control or fundament has likely suffered a disrepute or 

been neglected by the economic power. Third, we would be wise to retrospect a potential of 

corruptive practices, which may be embroiled between the political power and capitalists. Of 

course, an enhanced ethics of public administrators across the global jurisdiction may get 

those incidents rare, but still the kind of transparency is one point of contention that the 

global enterprises often see as a barrier. I am interesting to know how Wal-Mart, the kind of 

largest and famed business in the world would run without the public insurance for their 

employees. In any case, I may feel not incorrect if to see the problem between the physics 

and humanity or society. In some level of inertia on the capitalistic wake of development, it 

seems to turn not economic or materialistic, but physical. It is paradoxical as if the fortune 

global businesses might be on a fetishism with the kind of public highlight, to see their art 

concept of product, show girls besides the brand new car, journal ranks of business size, 

business story or ads, but possibly in the sacrifice of employee’s basics. My regards.     

Author: 

Kiyoung Kim  

Posted Date: 

November 22, 2013 8:50 AM 

  Hi. Rae. 

 I agree on your point that the ethics could make it different between life and death. We have 

bad cases in Korea that the basic rule of corporation, for example, a strict requirement about 

the division of ownership and management, were disrespected. Owner managers have to be 

ethical on that point, but some of them had, in many occasions, were criminally punished 

because of the embezzlement of corporate funds. The ethics issue would be one of popular 

corner in the news section about the bribery, sexual misconduct, embezzlement, and so. The 

current state of ethics in the workplace perhaps had never improved over time. The internet or 

new mode of livings also seems to foster a growth of ethics inertia or callousness. Today, we 

were reported that some video game was developed to depict a killing spree in the public 

school. It was restrained to distribute from the public reason. The kind of video games may 

do good for a leisure time, increase of active brain or so. However, it seems also ill on many 

of human or mental aspects, and particularly concerning an ethical strand. I consider, in the 

alternative, that a practice of meditation, such as seen on the Buddhists, could help to develop 

the mental or psychological status of youths and employees. I also share some of incurable 

realities, in regret as Pamela hinted, that some unethical actors or employees would grin in 

the hidden side of organizations. I believe, as you implied, that the successful leadership most 

always would be a triumphant about the ethics issue of organization. Thanks for the 

interesting post. Respectfully. 

RE: Workplace Ethical and Unethical 

Author: 

Kiyoung Kim  

Posted Date: 

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139 

 

November 22, 2013 8:43 AM 

  Hi. Pamela. 

 Thank you for the current state of ethics in Florida. We, Koreans, have a same story about 

the dress attire, but in some different concern. The government regulation was enacted about 

years ago that the employees could work in no tie and short pants during the mid of summer 

time. That personal appearance or workplace scene may militate against a decent or loyal 

impression of public employees, hence, could make them less friendly with the public or 

clients. Of course, some opposing views sustain its informal or soft imagery as acceptable. In 

any case, it was considered to bring an advantage that the government can reduce a power 

consumption during the peak season. It also was viewed to increase a personal autonomy of 

public employees. I have been surprised to know that Korea is fairly short of power supplies, 

and the price will be adjusted upwardly for the industrial use of power. The ethics of 

workplace often would be thought in view of the social accountability, but could be malleable 

by a combination of external or internal conditions. The ethics code could be creative to 

double the public value depending on a specific leadership role, which leads to “one stone, 

two birds” as in the Korean case, i.e., the good public relations and economization of cost. By 

the way, how does Florida regulate the dress attire in their ethics code? Respectfully. 

Author: 

Kiyoung Kim  

Posted Date: 

November 23, 2013 4:15 AM 

Hi Rachel. 

Thank you for the insightful post. I agree on your view that the policy decision making, often 

reshaping the social attention with a funding and allocation of resources, would draw a new 

direction or public good, and hence social change. I consider the environment and national 

health would be two of most intense focus or contention in the allocation of national 

resources in US. It’s most advanced profile would perhaps be pioneering, and would later be 

contaminated into the second group of countries, such as Korea, China, and other new 

developed economies. The concept may penetrate a terminal of enterprises or firms as we see 

in the enhanced standard of environmental regulations, for example, Green Mark or others. 

Korea, under the lady president of administration, now champions the concept of creative 

economy. It is the kind of puzzle for the policy makers and concerned intellectuals how this 

leadership focus would bring a social change in Korea. I suppose that the policy makers or 

leaders would be more competent or ethical if to have a level of awareness about the nature 

of product, consumerism, decency of human subsistence, and others. For example, there is 

some doubt if we were to be too generous on the GMO products. The health care system 

would reflect on the national ethos and possesses the general nature of public good. How we 

could accommodate it in view of the economic terms would be serious and contentious. I may 

ask how the policy would progress in the prospect. Is there any chance that the Obama care 

would be revised? Respectfully. 

RE: Domaneneicka McDaniel: Discussion 2 - Week 12 

Author: 

https://wa.elearning.laureate.net/webapps/discussionboard/do/message?action=list_messages&user_id=_166828_1&conf_id=_602881_1&forum_id=_1505379_1&course_id=_3461476_1&nav=discussion_board&message_id=_27933344_1


140 

 

Kiyoung Kim  

Posted Date: 

November 23, 2013 4:12 AM 

  Hi. Domaneneicka, 

          Your post, on a prose-tone, has to be praised to epitomize a cynic, but veritable 

essences which we acquired in this term. Your mention, “the vicissitudes trade and industry 

and national globalization, environment fluctuations and the inflexible antagonism for 

advertises, deteriorating accepted capitals in the appearance of increasing inhabitants, and 

developing difficulties of transformation” echoes, and frontiers a long term reflexes on the 

mind of public administrations. As we consider, the Annalesschoolfrom F. Braudelor other 

perspectives, for example, Kontratief cycle from Russia allows some time to repose and 

recourse. Of course, we may see some of lament or criticism from the  transnational ideology 

adherents, notably E. Hobsbawm, against the Annales school and so. I consider, however, 

that a long projected mindset, as practical and curtailed from the pure ideology, may work in 

some of persuasion and verity. As you said, the vicissitudes have to be charted seriously to 

unearth a public value and rethink the points of philosophical reflection. I consider OECD, 

UN and other science organizations would contribute much in this aspect. For example, the 

suicide rate compiled by OECD reveals Korea is a worst country. That would certainly be not 

the case in decades ago. What that long term trend on the suicide rate imply for the policy 

makers and administrators? Ideology, advertises, transformation may constitute the part of 

engines or dynamic factors for the policy makers, and could be a precursor to common 

alteration as you said. In other side, we can see a static, the kind of structural, long term 

science or assessment to make us on new plane or refurbish. In the progress, I consider the 

ethics or social change would be ensured a more focus under the circumstances where the 

econo-political narrative must  certainly forge and require. Thank you for the interesting post. 

Respectfully. 

         Reference 

Kim, Kiyoung, Fiscal Administration and Public Sector (March 22, 2015). Available at 

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Administration Studies: Are We Granted to Pillory the Ethics or Social Justice? 

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