미국의 소수자 차별시정에 관한 판례법리의 변화와 시사점

초록

I analyzed how the case law theory on three steps has been formed and changed along with historical background and dependance path main causes. The first case law theory is the discrimination and separate step on unfair relation between white majority and black minority(1890-1940), and the second case law theory is further advanced but weak remedy against discrimination(1940-1964) step, and the third case law theory is positive remedy against discrimination (1964-1989) step with the result equality, Affirmative Action. I analyzed the dependance path main causes on Lock in-Effect in which the case law theory controls the actors and minority and majority, so it effects on the delayed and retard speed for equality. In Conclusion, Judicial judgment is the same as for minority promotion for human rights, and then main majority is available to access the political socialization and make political culture to the completed democracy value. Also, I drew the proper implication on the Korean muticultural policy from the American history and evidence.

키워드