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국기에 대한 맹세의 법리
국기에 대한 맹세의 법리 / 박영철
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국기에 대한 맹세의 법리
자료유형  
 기사
ISSN  
12269387
서명/저자  
국기에 대한 맹세의 법리 / 박영철
발행사항  
경기 : 용인송담대학, 2002.
형태사항  
pp. 195-210
초록/해제  
요약 :The Pledge of Allegiance to the Flag of the United States was first given national publicity through the official program of the National Public School Celebration of Columbus Day in October 12, 1892. The Pledge had been published in the Youth's Companion for September 8, 1892, and at the same time sent out in leaflet form throughout the country. During the Celebration it was repeated by more than 12,000,000 public school pupils in every state in the Union. The Pledge included the 23 words; “I pledge allegiance to my Flag, and to the Republic for which it stands: one Nation indivisible, With Liberty and Justice for all.” The wording of the Pledge has been modified three times. In 1923, the words “the flag of the United States” were substituted for “my flag” and in 1924, “of America” was added. The last change in the Pledge of Allegiance occurred on June 14 (Flag Day), 1954 when President Dwight D. Eisenhower approved adding the words “under God”; “I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” Since 1970s the US Supreme Court has used three interelated tests to analyze alleged violations of the Establishment Clause in the realm of public education: the ‘three-prong’ test set forth in Lemon; the “endorsement” test, first articulated by Justice O'Connor in her concurring opinion in Lynch, and later adopted by majority of the Court in County of Allegheny; and the “coercion” test first used by the Court in Lee. US Court of Appeals for the Ninth Circuit used the three tests in Newdow v. US Congress. In conclusion, the Ninth Circuit Court held that (1) the 1954 Act adding the words “under God” to the Pledge, and (2) Elk Grove Unified School District's policy and practice of teacher-led recitation of the Pledge, with the added words included, violate the Establishment Clause. Today Korea is facing similar situations to those of the U.S.A., where a religious pluralism flourishes. The freedom of religion is more important than any other spiritual freedom. Therefore it should be secured strictly and inclusively. In solving religious conflicts which are raised under the religious pluralism, there should be some general rules or guidelines based upon rationality. American's experiences, specially efforts of the US Court which developed some guidelines for the solution of religious conflicts will suggest us some lessons. At any rate, there are some differences comparing the conditions between Korea and the U.S.A.. What we have to learn from the U.S.A. experiences is not the contents of precedents themselves, but the attitude of the US Court to do its best to fulfill the freedom of religion.
키워드  
국기 대한 맹세 법리
기타저자  
박영철
기본자료저록  
용인송담대학 論文集 : 第5集 2002, 12
전자적 위치 및 접속  
 원문정보보기
모체레코드  
모체정보확인
Control Number  
yscl:45299
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