Friday, January 30, 2015

[Similac Advertisement] The Mother ‘Hood

Now that my friends have begun to not only get married but have babies now,
I've started watching stuff like this on Youtube:

The Mother ‘Hood Official Video

http://youtu.be/Me9yrREXOj4

It's a commercial for Similac, but it was pretty funny.

Wednesday, January 28, 2015

[Devex] Lawyers push lawsuit against UN for Haiti cholera outbreak

http://www.ijdh.org/2015/01/topics/health/united-states-district-court-southern-district-of-new-york/
DELAMA GEORGES, et al.,v. UNITED NATIONS, et al.

Lawyers push lawsuit against UN for Haiti cholera outbreak

By Claire Luke27 January 2015

Human rights lawyers in New York are preparing to file an appeal against a U.S. judge’s decision to dismiss a class action lawsuit against the United Nations, the next step in an uphill battle that, if successful, may change the way the public can hold the institution accountable for its actions.
The appeal is the latest in the much-publicized case alleging that the United Nations negligently introduced cholera to Haiti after the catastrophic 2010 earthquake that tarnished the U.N.’s reputation in the troubled Caribbean state.
The lawsuit, Georges et al. v. United Nations et al., was dismissed Jan. 9 in the Southern District Court of New York on the grounds that the United Nations is exempt to charges against its immunity.
Brian Concannon, executive director of the Boston-based Institute for Justice and Democracy in Haiti — the first to file claims on behalf of 5,000 cholera victims and their families — told Devex the appeal will argue that the United Nations should not be able to use its immunity as a shield for negligence and misconduct.
At least 8,721 Haitians have died and 717,203 have become ill from the disease since an outbreak occurred in 2010. It was caused by a cholera strain not present in Haiti until peacekeepers from an area in Nepal that was experiencing an outbreak at the time came to Haiti and stayed at a camp where their waste contaminated the country’s largest river, as scientific studies and a U.N. report itself found.
The United Nations has not accepted responsibility for the case or compensated victims despite the organization’s own rules to provide an alternate remedy to those claiming to be harmed by its operations. If the U.N. does not comply with its obligations, Concannon said, it should not be able to invoke its immunity.
“The judge said U.S. courts have always said the U.N. is completely immune to everything,” Concannon told Devex. “But we think the U.N. is extending the immunity beyond where it's ever been extended before.”
The executive director stressed that immunity should be a “two-way street.”
“You give the U.N. protection for being sued — which is a huge grant of power — and in turn the organization has obligations. We're saying you need to enforce the two-way street,” he said.

No official review process

The organization has an internal process to handle claims made against peacekeeping missions. Third-party claimants must first seek resolution through Section 29 of the Convention on the Privileges and Immunities of the United Nations in an internal claims review board.
In response to the complaint from cholera victims, the institution publicly declared that the claims were “not receivable,” marking the first time it did not go through the official review process with respect to a peacekeeping mission. Still seeking compensation, lawyers then turned to U.S. courts, filing three lawsuits.
Thus, Concannon said this case differs from previous lawsuits against the United Nations because the complaint was not accepted to be processed by the review board before lawyers sought action in the U.S. judicial system.
“In this case, the U.N. said ‘we’re not going to have any process at all,’” he said.
The United Nations has not responded to the lawsuit. When contacted, press officer Sophie Boutaud de la Combe said it was “not … practice to discuss in public claims filed against the organization,” and that “the case is ongoing.”
“The U.S. government had made submissions to the court indicating its position that the United Nations and its officials were immune from the service of legal process as well as the lawsuit under the Convention on the Privileges and Immunities of the United Nations,” Combe said, alluding to the Jan. 9 hearing. “This position was ultimately adopted by the court.”

‘One of the gravest injustices’

In the hearing, New York Southern District Judge Paul Oetken compared the case to one in which U.N. High Commissioner for Refugees employee Cynthia Brzak complained of sexual harassment against then-high commissioner Ruud Lubbers in 2003. Brzak first sought action through the U.N. system but after finding the results inadequate, she went through the U.S. judicial system, where the verdict was the court would not question the U.N.’s internal process.
“As the Second Circuit held in Brzak, the language of Section 2 of the CPIUN is clear, absolute, and does not refer to Section 29: The U.N. is immune from suit unless it expressly waives its immunity,” Oetken stated.
But Concannon asserts this case differs from Brzak’s because the U.N. declined to apply the internal settlement process in this case whatsoever.
If the United Nations does lose the case, it will need to provide a settlement mechanism for victims of the cholera outbreak and can lose immunity if it does not, Concannon said. Further, he believes the United Nations did not want to provide settlement because it is embarrassed by its settlement mechanism, which takes the form of panels “completely controlled” by the United Nations to determine compensation that’s “very unfair to victims.”
The United Nations has a $50,000 cap on loss of life, low compensation for sickness based on lost wages and medical bills, and no pain and suffering. Most people infected throughout Haiti were treated at public clinics and not charged so lack medical bills, and were living on $2 a day or less, with many patients — especially women and children — lacking salary stubs for lost wages compensation.
This case hits at the fundamental issue of the public holding the United Nations accountable for its actions, and taking accountability could help the global body reduce harm, increase accountability for peacekeepers and avoid lawsuits in the future, Concannon said.
The case is “one of the gravest injustices” according to Wesley Laine, a Haitian law student at Sciences Po who will join IJDH to work on the group’s appeal. Laine is one of many lawyers who have voiced disdain at the U.N.’s dismissal of the case and said it undermines the global body’s credibility in Haiti. But he is confident the lawyers will win the case.
“By refusing to compensate the victims, the United Nations has reinforced the perverse idea that an impoverished human being is an isolated person unworthy of due process or any legal rights,” he told Devex from Paris. “However, when the lawsuit prevails, it will forge a new morality within the international judicial apparatus, and restore more humane principles on which the United Nations must operate.”
The notice of appeal, due Feb. 14, will be brought to a federal court in New York within the next half year.

Tuesday, January 27, 2015

Johnny Yune

자니윤 미국 활동시절 스탠드업 코미디

http://youtu.be/mtOJT4gnvrk

Dick Clark's Live Wednesday Show 01 Johnny Yune Comedy Performance

http://youtu.be/6fx3i4Stx98

NBC '자니카슨쇼' 동양인 최초 출연자! 자니윤_채널A_그때그사람 15회

http://youtu.be/JsG5gPlIugU
How a Japanese-Korean comedian got a 20-minute block on the Johnny Carson Show and got his big break . . .

He went on to host The Johnny Yune Show, "the first locally produced Korean-language variety show in America"
http://youtu.be/17MlGVQ1eSg

And wrote, produced, and starred in movie series, "They Call Me Bruce"
http://youtu.be/kUv57oisqDM
"They Still Call Me Bruce" Trailer http://youtu.be/XMrtsnBTmOE

The amazing Korean-Catskillian performs in San Francisco at the Jews on Vinyl Revue at the Contemporary Jewish Museum.
http://youtu.be/5VsYCnYVbnY 

He went back to Korea and made his own late-night talk show, giving many young Korean comics their big breaks into showbiz
최고 MC 남희석의 데뷔 무대 '자니윤쇼'_채널A_그때그사람 15회
http://youtu.be/rOspXAwp6Iw

[세계견문록 아틀라스] 일본의 료칸 속으로

세계견문록 아틀라스 - ATLAS_일본 료칸 속으로 2부 건강을 선물하다_#003

http://youtu.be/XLDm6DZWla4
와 저기 나오는 녹차 료칸이랑 다이어트 료칸 진짜!!! 가보고 싶다 +_+
저렇게 멋진 곳에서 승마!!!!!! 아 완전 로망 +_+
한/중/일 다도를 모두 배워보는 것 역시 나의 로망 중 하나..... *_*

세계견문록 아틀라스 - ATLAS_일본 료칸 속으로 3부 끝없는 진화_#001

http://youtu.be/MDEoOBtnuYk

세계견문록 아틀라스 - ATLAS_일본 료칸 속으로 3부 끝없는 진화_#003

http://youtu.be/W34ZFXpY7EA
바다가 보이는 노천탕 또한 로망!!!

Monday, January 26, 2015

[EBS Documentary] 하나뿐인 지구 시리즈

People Tree: Sustainable and Fair Trade Fashion
http://www.peopletree.co.uk/

Ethical Fashion OrgDot 오르그닷
http://www.orgdot.co.kr/

패스트 패션이 말해주지 않는 것 (1)
http://youtu.be/n0H4l5UOGl8

당신의 겨울 외투, 알파카와 라쿤 (1)
http://youtu.be/NVLFQe5fLQw
*Warning: This one gets pretty graphic at times
(와우 이거 진짜 너무 끔찍해서 다시는 모피 안입겠다, 양모나 캐시미어도 되도록이면 자제하겠다고 마음먹게 됨ㅠㅠ)

우유, 소젖을 먹는다는 것에 대하여 (1)
http://youtu.be/Edhvc3fWOkQ

당신은 개를 키우면 안된다 (1)
http://youtu.be/VBT-r1aD0PA

세바시 435회 강형욱 반려견 훈련사
http://youtu.be/ecUWKU_v318

당신은 반려동물과 이별할 준비가 되었나요? (1)
http://youtu.be/o634QEtjx1Y
하 내가 진짜 이것땜에 동물 못키우겠어ㅠㅠㅠㅠ

동물원 월요병
http://youtu.be/nPzY08PvyxU

어느날 갑자기, 로드킬
http://youtu.be/zv2RB6HTKlI

돌고래와 당신의 이야기
http://youtu.be/ri2F98ituNI

Sunday, January 25, 2015

[여성주의 저널 일다]

정신의료 ‘조기 개입’ 흐름 위험하다
등교거부, 발달장애도 정신질환으로 여겨 약물 투여
<여성주의 저널 일다> 시마다 가즈코 
http://www.ildaro.com/sub_read.html?uid=6961%C2%A7ion=sc1


호치민에 청년농부들이 떴다!
<아맙이 만난 베트남 사회적기업> 녹색청년공동체
<여성주의 저널 일다> 구수정공정여행과 공정무역을 통해 한국과 베트남을 잇는 사회적 기업 ‘아맙’(A-MAP)이 베트남 곳곳에서 지역공동체를 위해 활동하고 있는 사회적 기업과 모임을 소개합니다.
http://www.ildaro.com/sub_read.html?uid=6965%C2%A7ion=sc4


용산참사 6주년에 묻다 ‘생명은 소중한가요?’
[내가 만난 세상, 사람] 안전한 삶을 희망하며
<여성주의 저널 일다> 너울※ 너울 님은 <꽃을 던지고 싶다: 아동 성폭력 피해자로 산다는 것> 수기를 쓴 저자입니다.
http://www.ildaro.com/sub_read.html?uid=6963%C2%A7ion=sc1


“우리 엄마가 CCTV로 다 보고 있어요”
정부의 ‘어린이집 아동폭력 근절대책’ 역효과 우려
<여성주의 저널 일다> 나랑 
http://www.ildaro.com/sub_read.html?uid=6962%C2%A7ion=sc1

Tuesday, January 20, 2015

두근거려요 15화

Mr. Patrick Linehan!

http://www.whitehouse.gov/SOTU 보다가 갑자기 어? 어디서 많이 본듯한 얼굴인데? 싶어서 후다닥 구글에서 검색해 봤더니.... 우왓!!!!!


Embracing DIFFERENT: Patrick Linehan at TEDxKyoto 2013

http://youtu.be/30KJRb4MzSg

[Japan Times] Gay consul general finds partner, place in government

http://www.japantimes.co.jp/news/2013/02/27/national/social-issues/gay-consul-general-finds-partner-place-in-government/

He came out AND got married! Aww I'm so happy for him!!!!
우리 부모님과 연배가 비슷하신데 옛날 양반 답지 않게 생각도 많이 열려 있고 대화도 (좀) 통하는 분이었고... 입장이 다르더라도, 동의하지 않더라도, 당신의 생각을 존중한다, 당신의 의견을 일단은 듣겠다, 라는 토론의 기본 자세를 갖춘 분으로 기억하는데. 정말 잘 되었다ㅠㅠ 커리어적으로도 정말 잘 되셨고 personal life에서도 사랑을 찾으셨다니.. 뭉클하다ㅠㅠ 그리고 그분의 커리어에서 분명히 자랑스러운 순간이었을 Real People Talking의 태동과 launch에 함께 했음을 생각하며 나 자신도 좀 뿌듯하다. ^__________^ ㅎㅎㅎ

[Devex] Guide to World Bank Careers

[Devex] Pooling public-private partnership best practices

https://www.devex.com/news/pooling-public-private-partnership-best-practices-85276

[Devex] Pooling public-private partnership best practices

By Michael Sweikar20 January 2015

Government leaders today have recognized the need to engage the private sector in development.
While in the past, federal agencies supplied the majority of funding going toward developing countries, that percentage has continued to decrease over time — it is now down to around 9 percent. With 91 percent of global development funding now provided by nongovernment sources, the private sector has become a major player in the global development effort, and it is becoming increasingly important to find common objectives that garner their investment.
The University of Notre Dame Initiative for Global Development has played a part in convening a variety of actors to discuss shared values in public-private partnerships and examine multifaceted solutions that work for all stakeholders. Through discussions and dialogue with leaders from nongovernmental organizations, universities and the government, including those from the U.S. Agency for International DevelopmentU.S. Department of State and Millennium Challenge Corp.; and corporate representatives from companies such as AccentureIBM,Hewlett-PackardDeloitte, Cummins, BoeingPricewaterhouseCoopers, Xerox, SAP,Microsoft and Caterpillar.
During these roundtable discussions, business, government, NGOs and university stakeholders identified 10 important best practices for partnership with the private sector:
1. The value of “bridge” employees: Hiring employees who can serve as a bridge between organizations — between academic institutions and corporations or NGO implementers and corporations — can promote better partnerships with more shared value.
Bridge employees must possess a unique skill set to work between distinct organizations and speak credibly to both parties. For example, bridge employees have the potential to help move forward operational research so it is useful to practitioners, or align global development projects with business investment models.
The World Bank Group and the Notre Dame Initiative for Global Development are two examples of organizations using this type of model. Organizations must be able to show their leadership the value proposition of having these bridge staff to build this type of infrastructure within their organization.
2. More than “goodwill” required: Companies expressed that in order to invest their financial and human resources in projects, there should be more reason to do so than goodwill alone. Companies expressed the need for any engagement to be aligned with their business interests and investment strategies in emerging markets to engender the buy-in needed from company leadership.

3. Talent in the United States and emerging markets needed: Talent acquisition both in the United States and in emerging markets is one of the key reasons for companies to invest in global development projects. Companies know that they must attract and retain talent to be successful. This is necessary as companies open new offices in emerging markets, but companies also invest because highly skilled millennials in the U.S. workforce want to see evidence that their company is improving the lives of others throughout the world. This helps companies foster inclusion, diversity and leadership among U.S.-based staff. When their employees are involved, it is easier for companies to make a financial investment.
4. Shared benefit in scaling: One theme cited by all stakeholders was that one of the primary benefits of these multisector partnerships is that they provide each of the partners a better opportunity to scale their projects, innovations, etc. Including more partners poses challenges, but the potential to expand the scope, sustainability and geographic region of each partner’s global development activities is seen as a worthwhile trade-off for the added challenges.
5. Operational research needed: Companies, government and NGO stakeholders asserted their desire for research from universities that is not formal academic research. Companies, government and NGOs are interested in operational research in a variety of areas such as monitoring and evaluation — including randomized controlled trials and impact evaluation — information communication technology for development, indices and analytics.
In order to facilitate partnership, universities need to make research digestible and identify areas where interests converge. Because timelines, research interests and tenure processes do not always align, bridge employees at universities can help organizations do this.
6. Companies are willing to invest, but need political stability: Companies need the help of the public sector, NGOs and universities because they are reliant on political stability for their business operations to function and grow in emerging markets. Without political stability and mechanisms to deal with corruption, businesses will have a hard time succeeding in emerging markets.
7. Universities as intellectual leaders, conveners and transformational educators: Universities can do more than provide expertise in monitoring and evaluation, innovation, research and analytics. Business and government leaders expressed interest in having universities as intellectual thought leaders, helping in the design of global developing strategies and projects, during implementation and in providing policy analysis. They also said that universities can play a key role as a convening power to move the global development agenda forward.
8. Project sustainability relies on the business operations: Companies indicated that in order for their organizations to invest long term in a project and increase sustainability, it is important for the projects to meet metrics for business operations. Projects that are started out of business divisions within the company, or that include a corporate foundation, in addition to the interest of business divisions can lead to long-term investment from the company.
9. Transparency needed: All stakeholders expressed the need for transparency and metrics from project design through the end of the project. It is also very important to speak the same language and work through terminology together.
Government, corporations, universities and NGOs often express the same idea differently. Partners recognize in almost all environments where global development projects are implemented, circumstances on the ground change rapidly and new obstacles to implementation occur. Partners must be clear about expectations from the beginning and be willing to be open to discussing challenges when they occur. It is possible that the expertise of one of the partners can help fill in the gap.
10.  Analytics and market knowledge needed for decision-making: Companies and other stakeholders indicated the need for more analytical resources for business decision-making. University research such as indices for global climate adaptation were viewed as valuable examples of the type of data that companies could use for better decision-making to determine where they want to invest within emerging markets.
Devex, in partnership with Abt Associates, is examining lessons learned through partnership development, what scale means in the post-2015 agenda and how to create an enabling environment for partnerships in this special three-week series “Collaboration Post-2015: Where Can Partnerships Take Development?
Join Devex to network with peers, discover talent and forge new partnerships in international development — it’s free. Then sign up for the Devex Impact newsletter to receive cutting-edge news and analysis at the intersection of business and development.

[공감] 공익소송 활성화를 위해 지금 필요한 것은 - 염형국 변호사

http://withgonggam.tistory.com/1570

[공감] 공익소송 활성화를 위해 지금 필요한 것은 
- 염형국 변호사

필자가 처음 공익 전담변호사 활동에 뛰어들었던 2004년에 비해, 변호사의 공익활동이 많이 활성화되고 있다는 느낌을 받고 있다. 공익활동을 전업으로 하는 공익변호사의 숫자가 이미 50명을 넘어섰고, 이들은 장애, 여성, 이주·난민, 아동·청소년 등 다양한 영역에서 소수자 인권옹호를 위한 활동을 왕성하게 벌이고 있다. 대한변협은 산하에 변협법률구조재단을 두어 공익소송을 지원하고 있고, 변호사공익대상 시상을 통해 변호사의 공익활동을 진작하고 있으며, 각 지방변호사회 또한 인권위원회와 각종 변호사단을 꾸려 변호사들의 공익활동을 이끌고 있다. 또한 10대 로펌 중 대다수가 공익전담변호사를 채용하여 로펌의 사회적 책임 수행을 다하기 위해 노력하고 있다. 법무부에서도 이러한 흐름에 발맞춰 변호사 공익활동 활성화를 위한 제도적 개선방안 마련을 위한 논의를 진행 중이다.

  변호사 공익활동의 꽃은 뭐니뭐니해도 공익소송이다. 공익소송 말고도 무료법률상담 및 자문, 법률교육, 입법개선활동, 연구조사 등 변호사가 할 수 있는 공익활동은 다양하지만, 변호사만이 가능한 공익활동은 역시 공익소송이다. 공익소송은 경제적 약자를 위한 법률구조 또는 시민의 권리·자유의 보장을 위해 무료 또는 상당히 저렴한 비용으로 제기하는 소송이다. 공익소송의 제기를 통해 소송 당사자의 권리를 구제할 수 있고, 선례를 만들어 해당 사안에 관한 제도 개선의 효과를 얻을 수 있으며, 궁극적으로 법에 의한 지배, 즉 법치주의의 실현을 도모할 수 있다.

  이러한 공익소송의 활성화를 위해서 징벌적 손해배상제도·집단소송제의 도입, 공익전담변호사단체에 대한 재정지원 및 법적 근거 마련 등이 논의되어 왔다. 공익소송이 보다 활성화되기 위해서는 이러한 제도적·정책적 지원이 절실히 요청된다. 그런데 근래 들어 공익소송 활성화를 진작하지는 못할 망정 오히려 발목을 잡는 일들이 벌어지고 있다.

  하나는 소송 패소시 상대방의 소송비용 청구의 문제이다. 소송비용은 소송 당사자가 소송을 수행하는 데에 소요된 비용을 가리키고, 이러한 비용은 원칙적으로 패소자가 부담하게 된다. 소송의 상대방이 뜻하지 않게 제기된 소송 진행으로 입게되는 손해를 패소자가 부담하게 하는 것이 형평에 부합하기 때문이다. 최근 대법원은 소송 남용을 막기 위한다는 명목으로 특히 행정소송의 인지대를 대폭 증액(2천만100원->5천만100원)하였고, 변호사비용 청구금액을 실질화하기 위해 청구가능한 변호사비용액을 대폭 상향시켰다.

  소송의 남용을 막고, 뜻하지 않은 소송진행으로 인한 손해를 보전하도록 하는 취지는 분명 타당해보이지만, 행정기관을 상대로 하는 공익소송에도 일률적으로 적용하는 것은 오히려 정의 관념에 어긋날 수 있어보인다. 2가지 사례를 소개하고자 한다. 얼마전 과도한 지방의회 의원 의정비 지급이 위법하다는 취지로 지방자치법에 근거하여 부당이득 환수를 위한 주민소송이 제기된 바 있었다. 1심 법원은 의정비 인상 조례가 절차적·내용적으로 위법하므로 무효이고, 따라서 무효인 조례를 근거로 지급된 의정비가 부당이득이라고 하여 원고 승소판결을 내렸다. 이러한 주민소송을 계기로 지방자치법 시행령의 관련 규정들이 개정되어, 기초의회 의원들의 무분별한 자기 보수 인상에 제동이 걸렸다. 그러나 항소심은 의견수렴절차가 미흡하더다로 관계 법령의 취지를 명백히 저버린 채 진행되었다고 평가할 수 없는 한 위법하다고 볼 수 없다며 원고패소 판결을 내렸고, 결국 대법원에서 이와 같이 확정되었다. 다른 하나의 사례는 음성 꽃동네에서 20년간 생활하고 있던 장애인 당사자가 해당 군청을 상대로 ‘탈시설-자립생활’ 권리실현을 위한 사회복지서비스변경소송이다. 그러나 법원은 사회복지사업법의 해석상 이들의 사회복지서비스변경신청이 허용되지 않는다며 원고의 청구를 기각하면서도 법의 취지나 세계적 추세로 볼 때 시설수용보다는 독립된 생활을 할 수 있도록 국가나 지자체가 지원해 주는 것이 바람직하다고 언급하여, 해당 군의 ‘탈시설-자립생활’ 지원의무를 확인하기도 하였다. 해당 지자체들은 판결 확정 후 바로 원고인 주민과 장애인에게 적지 않은 금액의 소송비용청구를 해왔다.

  지방정부의 재정낭비를 막기 위해, 지자체의 장애인 자립생활 보장을 촉구하기 위해 소송을 제기한 주민과 장애인들에게 수백만원에 이르는 소송비용을 청구하는 것은 정의의 관념에 부합하지 못한다. 이러한 제약으로 인해 부조리한 행정을 바로잡으려는 노력은 빛을 바랬고, 앞으로 패소의 위험을 무릅쓰고 국가기관·지자체의 잘못을 바로잡으려는 이들과 이들을 도와 공익과 사회정의를 실현하려는 변호사의 의지는 현저히 줄어들 것이 분명하다. 앞으로도 공익소송을 통한 시민의 권리보장 및 이를 통한 법치주의의 구현이 가능할 수 있도록 대법원 규칙인 ‘변호사 보수의 소송비용산입에 관한 규칙’ 제6조를 개정하거나 실질화하여 국가나 지자체를 상대로 하는 공익소송의 경우에 소송비용을 상당한 정도 감액 산정할 필요가 있다.

  공익소송 활성화에 발목을 잡는 다른 하나는 최근 서울지방변호사회가 무료변론사건을 회원 1인당 연간 10건으로 제한하는 내용으로 수임사건경유업무운영지침을 개정한 것이다. 그간 서울지방변호사회는 공익사건에 대하여 소송위임장에 경유증표 부착 없이 경유인만을 날인하고, 회원의 무료변론사건에 대해서는 건수에 제한을 두지 않고 경유회비를 면제하여 왔다. 그런데 일부 회원사무실에서 서울변회 경유인을 무단으로 제작하여 사용하고, 회원의 무료변론사건이 특정 회원의 경우 연간 370건에 이르는 등 납득하기 어려운 일이 발생하였다는 이유로 경유회비 면제를 받는 무료변론사건을 연간 10건으로 제한한 것이다.

  서울변회 경유인을 무단으로 제작하여 사용하거나 특정 회원이 연간 무료변론사건을 370건을 수행하는 등의 문제가 있으면 그에 대해 적절한 조사를 거쳐 합당한 법적 책임을 물으면 되는 것이지 서울변회 소속한 모든 회원의 무료변론사건을 연간 10건으로 제한하는 것은 공익소송의 활성화에 찬물을 끼얹는 적절하지 못한 방법이다. 서울지방변호사회에 무료변론사건 제한을 폐지할 것을 부탁드린다.

  시민의 권리·자유를 보장하고, 이를 통해 법치주의를 실현한다고 하는 공익소송의 지향에 반대할 이들은 많지 않을 것이다. 현실에서 무분별한 소송비용 청구와 무료변론사건 제한 등의 제약이 풀리지 않고서는 공익소송을 제기하기가 녹록치 않다. 공익소송 활성화를 위해 지금 필요한 것은 바로 이 부분이다.

글 _ 염형국 변호사

* 이 글은 2015년 1월 16일자 법률신문에 게재되었습니다.

[공감] 해외진출 한국기업과 사회적 책임 - 박영아 변호사

http://withgonggam.tistory.com/1566

해외진출 한국기업과 사회적 책임 - 박영아 변호사



  2014. 12. 29. 서울시 NPO지원센터에서 좋은기업센터, 민주노총, 국제민주연대, 공익인권변호사모임 희망법, 공익법센터 어필, 공감 등 여러 시민ㆍ노동단체, 학자, 연구자 등의 연대체인 기업인권네트워크 주최로 필리핀, 방글라데시와 베트남 해외진출 한국기업들의 인권보장 현지실태조사결과 보고회가 열렸다.

  베트남의 경우, 1990년대 초반부터 2013년까지 누계로 3천여개에 이르는 한국기업들이 진출해 약 290억4,148달러를 투자하였다. 방글라데시의 경우, 1987년 (주)대우에서 방글라데시 정부와 봉제합작투자를 한 것을 시초로 의류산업 중심으로 투자가 이루어지고 있는 것이 특징이다. 필리핀의 경우 한진중공업, 현대자동차, 삼성전기, LG전자, 한화 등 한국의 주요 기업들이 진출해 있으며, 제조업을 중심으로 기업들의 진출이 지속적으로 증가하는 추세다. 베트남과 방글라데시는 연초 한국계 기업에서 발생한 노사분규 과정에서 노동자가 사망에 이르게 된 사건이 조사를 결정하게 된 주된 이유였고, 필리핀은 한국기업의 투자역사도 길고, 투자가 지속적으로 늘고 있지만 인권침해사례가 꾸준히 보고되고 있어 조사가 필요하다고 판단되었다.

  해외 진출 한국 기업들은 진출한 나라의 법제도, 사회적 환경, 업종에 따라 문제되는 인권침해의 유형이나 모습이 다소 다른 양상을 보이기도 했다. 베트남의 경우 노동자들에 대한 법제도적 보호수준은 높았으나, 법이 잘 지켜지지 않는 문제가 있는 것으로 드러났다. 2009년부터 2014년까지 베트남에 진출한 한국기업에서 약 800여건의 파업이 일어났는데, 이는 대만 다음으로 높은 것으로 대부분의 경우 노동법 미준수가 파업의 원인이었다.

  반면 방글라데시는 해고 사유에 따라 1-3개월치의 임금만 주면 해고가 가능하여 노동자들의 법적 지위가 특히 열악했다. 특히 근로감독관이나 노동법원의 절대적 부족으로 근로감독을 통한 법집행이나 사법적 구제가 노동자들의 권리를 실효성 있게 보장하지 못하는 것으로 나타났다.

  필리핀에서 오래된 투자역사에도 불구하고 유독 한국 기업의 경우 노동자에 대한 비인간적 대우가 많이 있다는 증언이 잇따르는 등 현지에서의 한국기업들에 대한 전반적 이미지부터 좋지 않은 것으로 나타났다. 안전장비 미지급, 그리고 심지어 해외 바이어 감사기간 동안에만 안전장비를 지급하는 행태 등이 고발되었다. 이번 실태조사로 특히 대외경제협력기금 지원이나 공기업 투자형태로 공적자금이 투입되어 진행되는 다목적 댐 건설 등 대규모 개발사업 추진과정에서 환경파괴와 강제이주를 비롯한 인권침해 논란이 발생하고 있음이 확인되기도 하였다.

방글라데시, 필리핀과 베트남의 사회적, 문화적, 법적, 그리고 역사적 환경이 다르고, 한국으로부터의 투자역사나 진출업종도 차이가 있지만, 공통적으로 나타난 문제도 있었다.

  그 중 가장 두드러진 점은 한국기업 대부분이 극도의 반노조적 성향을 보이고 있다는 것이었다. 필리핀의 경우 한국기업들은 노조결성 자체를 방해할 뿐만 아니라, 적법하게 결성된 노조를 협상파트너로 인정하지 않고 적대시하며 탄압한 사례들이 지속적으로 보고되어 왔으며, 이번에도 마찬가지였다. 한 예로, 한국계 기업인 SH는 2013년 여름 주문량 감소를 이유로 폐업을 예고하고, 퇴직금 지급 조건으로 사표를 요구하였는데, 사표수리 후 며칠만에 공장을 재가동하면서 992명 중 100명만 재고용하여 노조 와해 목적으로 위장폐업을 했다는 비난을 받고 있다. 방글라데시의 경우 노동자들의 열악한 법적 지위로 인해 노조결성 및 활동 자체가 어렵다. 특히 수출가공공단(Export Processing Zone)에서는 노동조합 결성이 아예 금지되어 있고, 대신 노동자들을 대표할 조직으로 노동자복지협회라는 조직이 허용되고 있다. 이러한 환경에서 한국계 기업에서 노동조합이 결성되지 않는 것은 그다지 놀라운 일은 아니나, 방글라데시 의류업계에서 독보적 위치를 점하는 (주)영원무역의 계열사들은 그러한 노동자복지협회조차 허용하지 않을 정도로 노동자단체에 부정적 태도를 보이는 것으로 알려져 있다. 영원무역의 현지 자회사에서 2010년에 이어 2014년에도 최저임금 인상을 계기로 노사분규가 발생하여 평화롭게 농성 중이던 20세 여공이 경찰이 발포한 총에 맞아 숨지고, 노동자 십수명이 다쳤다. 영원무역은 위와 같은 사태의 원인으로 ‘의사소통’ 문제를 지목해왔는데, 노동자와의 협상이 가능한 구도 자체를 거부하고 있는 영원무역의 위와 같은 해명이 실로 역설적이라고 하지 않을 수 없다.

  방글라데시, 베트남, 필리핀 모두에서 최저임금이 실제 생활임금에 미치지 못하여 노동자들이 최소한의 생계비를 벌기 위해 연장근무를 할 수 밖에 없는 것으로 나타났다. 위 3국 모두 낮은 임금이 주된 투자요인 중 하나라는 공통점을 가지고 있다. 이처럼 전반적 임금수준이 낮음에도 불구하고 노동자들은 최저생계비에 미치지도 못하는 임금을 받고 일하고 있었다. 특히 필리핀의 경우 일을 주지 않고 연장근무를 하지 못하도록 하는 것이 노조탄압의 한 수단으로 활용되는 사례도 있었다. 방글라데시의 경우 법정근로시간이 주 48시간이지만, 하루에 14시간씩 일하는 것이 일반적이라는 증언이 나왔다. 초과근무의 강제성도 문제였다. 베트남에서는 긴 노동시간이 파업의 원인이 될 정도로 한국기업의 과도한 초과근무가 문제되고 있었다.

  자본의 국제화가 진행되면서 노사관계 등 자본의 우월적 지위로 인한 역학관계에서 발생하는 인권침해 또한 국제적 양상을 띠기 시작하였다. 하지만 영토에 묶여 있는 기존의 국내법 체계는 위와 같은 상황을 염두에 두고 있지 않고, 관련 국제규범 또한 구속력과 집행력 측면에서 완전하지 않아 법적 공백이 발생하는 문제가 있다.

  기업인권네트워크의 이번 실태조사는 위와 같은 문제를 해결할 실마리를 찾기 위한 하나의 발걸음에 불과하지만 한국기업들의 해외활동으로 인해 발생하는 인권문제들을 국내적으로 알리고, 그 과정에서 각국의 현지 시민ㆍ노동단체 및 활동가와 연대할 수 있는 계기를 제공하여 주었다는 점에서 의미가 크다.

  2014. 12. 29. 있었던 보고대회는 짧은 홍보기간에도 불구하고 일부러 찾아온 사람들로 발표회장은 자리가 모자랄 정도로 가득 메워졌다. 국내 기업들의 해외활동이 현지에 미치는 영향에 대한 사회적 관심이 점점 커지고 있음을 짐작할 수 있는 대목이다.

글_박영아 변호사


Monday, January 19, 2015

기묘한 이야기

기묘한 이야기 2013 봄 스페셜 - 에어닥터: http://youtu.be/UosfSCcornk (꺄 오구리 슌!)

임시결혼 http://youtu.be/UrpTo1G9sLU

니트한 그와 큐트한 그녀 http://youtu.be/UWYGvKL5lno

공상소녀 http://youtu.be/bAwVxL-DZIs

인간 전자렌지 http://youtu.be/su5oEjGqOm0

어느날 폭탄이 떨어져 내리고 http://youtu.be/Ug55czUMmu0

피팅룸 http://youtu.be/ULyWM88icmc

이상적인 스키야키 (이건 기묘한이야기 시리즈는 아닌듯?)
http://youtu.be/9h1qUqEviwg 

행렬이 생기는 형사
http://youtu.be/7_mb57BDT5M

맞은편 자리의 연인 (this is so cute!)
http://youtu.be/yMqLrfK2wvA






Friday, January 16, 2015

[The Atlantic] What Ruth Bader Ginsburg Taught Me About Being a Stay-at-Home Dad

(See photos at original link. They're really quite precious.)

What Ruth Bader Ginsburg Taught Me About Being a Stay-at-Home Dad
A young lawyer puts his former boss’s ideals into practice.

JANUARY 8, 2015

     This past summer, on the last day of my clerkship with Justice Ruth Bader Ginsburg, she rose from her cavernous desk and, following a hearty goodbye hug, asked me what was next. I told her that the next morning marked the start of my new job as a stay-at-home dad. She smiled warmly and wished me luck.
     My wife had just begun her pediatrics residency at Georgetown, a job that leaves scarce time for domestic duties. And throughout my year of long hours and late nights at the Court, my daughter had grown from a delicate, impassive infant to a robust toddler with personality and character. In recent months, when I was able to make it home in time to see Caitlyn before bedtime, she’d rush headlong toward the door with shrieks of “Daddy Daddy!” I’d bundle her up in my arms, squeeze, and resolve to take some time, soon, to be with her completely. I had missed out on a lot and was determined to make up for it.

     The Boss (as clerks tend to refer to their justices at the Court) was legendary in her ability to navigate these obstacles with deftness and grace. At Harvard Law School in the 1950s, she was one of a handful of women in her class. Then-Dean Erwin Griswold, who later served as solicitor general under Presidents Johnson and Nixon, famously challenged the Boss, at a (small) dinner he held for the women students, to justify her presence at the school when the spot could have gone to a man. (Fifty-one years later, when I attended my own welcome dinner for incoming Harvard Law students, my dean was future Justice Elena Kagan, the first woman to hold that position at the law school. She chatted with us about the Red Sox pennant race and a tricky issue of federal civil procedure.)
     Along with the Boss’s demographic isolation, she faced challenges at home that would have made most law students crumble. Her daughter, barely a year old when law school began, occupied much of her free time. That free time became even scarcer after her husband Marty, also a Harvard Law student at the time, was diagnosed with cancer. Not only did the Boss care for and support Marty, she helped keep him up to speed in his coursework, taking his class notes and typing his papers—all the while rising to the very top of her class. It was during this time that the Boss developed her lifelong habit of working into the early morning hours, a schedule that has recalibrated the circadian rhythms of generations of her clerks.
     It’s easy to assume that celebrated figures like the Boss possess superhuman levels of discipline. But an insight one gains working at a place like the Supreme Court is that we all face similar constraints on our time, energy, and intellectual bandwidth. During my year at the Court, I sought to understand how the Boss managed to successfully balance her family and career. She shared many tactical pointers, offering her views on the virtues of au pairs over other forms of childcare, the advantages of having an extended period between children (an extra pair of hands and eyes with number two!), and the art of recognizing and cultivating a child’s interests and talents. But the most important and enduring advice she gave was the most seemingly banal: “be a good partner” and “take breaks.” Her husband Marty, as she’ll tell anyone, supported her career wholeheartedly and firmly implanted himself in the kitchen. As she told Katie Couric in a recent interview:
 You can’t have it all all at once. Over my lifespan, I think I have had it all, but in given periods in time, things were rough. And if you have a caring life partner, you help the other person when that person needs it.

     It was in this spirit that I decided to take a short break from my career and experience life as a stay-at-home dad. My wife, without really even considering doing otherwise, had already taken almost a year off from medical school after Caitlyn was born, partly to support me during a challenging clerkship, and partly because she believed it would be good for Caitlyn’s development. But mostly it was for my wife herself. She valued motherhood and wanted to experience it fully, for as long as she could without jeopardizing her professional goals.
     I felt exactly the same way. My deepest fear is that, decades from now, I will look back at the heart of my life and realize I made the wrong choices in favor of work. A Jewish friend of mine, as we gazed over the Western Wall of the Temple Mount in Jerusalem, once described why Shabbat was so special to him growing up. “Shabbat was the only time I saw my father,” he explained, voice quavering. It was a touching moment, one that underscored how a ritual of rest can help build and sustain a family. But is it wrong to want more?

     It goes without saying that work can be greatly fulfilling. It has been for me. But, as a general matter, mothers and fathers both report that time spent with their children is a far greater source of meaning and happiness than time spent at work. In a 2013 Pew study, 60 percent of men described their childcare hours as “very meaningful”; only 33 percent of men said the same about their paid work. And men appear to be just as dissatisfied with the stickiness of gender-based norms as women: Nearly half of fathers report dissatisfaction with the amount of time that they are able to spend with their children—twice the rate of mothers who say the same. The gender-equality debate too often ignores this half of the equation. When home is mentioned at all, the emphasis is usually on equalizing burdens—not equalizing the opportunity for men, as well as women, to be there.
     As a man, when I speak of my struggle to manage my competing commitments to family and career, I’m often met with good-natured skepticism. There’s an underlying assumption that women and men have different visions of what matters in life—or, to be blunt about it, that men don’t find child-rearing all that rewarding, whereas women regard it as integral to the human experience. I do not think this assumption is true, generally speaking. I am certain it is not true for me.

     At the close of my 20s, it struck me that any success I had managed to achieve would not have been possible without a certain single-minded devotion to my studies and work—to the exclusion, at times, of healthy habits and relationships. A few weeks shy of my 30th birthday, when I met Caitlyn for the first time, single-mindedness dissolved as a viable life plan for my 30s. Amid the sleep-deprived excitement, frustrations, and frenetic activity of those first months as a father, my new reality sank in: For the foreseeable future, balancing my family with my career would be the defining challenge of my life.
     Between the beginning of adolescence and the night Caitlyn was born, I can recall crying twice. I am no longer so stoic. After my wife ended her extended leave from medical school, I took on the task of getting Caitlyn ready for the day and dropping her off at daycare. When I tried to put her down, she would clutch at me fiercely, sobbing in desperation. As I left, she would run after me, banging on the glass door as it closed behind me. More often than not, I rushed out of the building a tearful, embarrassed, guilt-ridden mess.
     Once I began staying home, my tears were more often set off by joy: a quirky new move during daily dance time, the clutch of Caitlyn’s hands as I carried her to the park, the excited applause she gave herself each time she touched and named a part of my face, an affectionate kiss on the cheek as I leaned down to clean her runny nose. Did I miss the thrill and challenge of debating knotty legal questions with a Supreme Court justice? Well, let’s just say that most of the books I was reading now came with pictures of panda bears and barn animals. But every night, even after the most pedestrian of days, I sat and reflected on the beauty of the moments that had passed.
     I was as happy as I’d ever been. Staying at home with Caitlyn reminded me, oddly enough, of the time I’d spent living in a foreign country. There was the same perpetual novelty, that intense awareness that elevates even the most ordinary moments. There was the same sense of triumph at completing simple tasks: ordering a cup of coffee, enjoying a brisk walk, just getting through the day. And there was the same sense of helplessness: No matter how self-assured I was at the beginning of the day, I was bound, at times, to feel like a complete failure.
     I was discovering that this was real work. I’d already known this as an abstract matter. My wife’s weary face when I came home from the Court wasn’t all that different from the look she now has after finishing an overnight shift at the hospital. But to experience it directly is another thing altogether. I had prided myself on being an involved, helpful partner when I was working. But my prior contributions now felt like glorified babysitting.
     Before, “covering” dinner had consisted of microwaving my wife’s prepared meals and encouraging Caitlyn to eat them. As the full-time parent, I now had to jog to the market and stock up on groceries while protecting Caitlyn from being run over by errant shopping carts. Then I’d do my best to whip up a nutritious meal while Caitlyn tried to pull down the boiling pot of water onto her head. When I’d finally present her with my efforts, I could only hope they would be tasty enough to end up in her stomach rather than on the carpet. The part that used to seem like work—sitting and eating with her—became my time to rest.
     Not since I bussed tables and delivered pizzas as a teenager had I experienced work that didn’t involve a computer screen and an Aeron chair. It took some effort to readjust my waking hours, after my stint with the nocturnal Ginsburg, but soon I was waking up with my wife and kissing her goodbye as she rushed out the door at 5:30 a.m. (All those books I’d intended to get through during my “time off”? They stayed on the shelves.) The D.C. market rate for this kind of work middles out at $15 an hour. During moments of doubt and fatigue, it gave me some comfort to know that my replacement cost would easily come out to more than my salary at the Supreme Court.
     But this challenge, the transition from assistant to lead, was what I had craved. Many lawyers have exciting, impactful careers without ever stepping foot in a courtroom, but others want to be at the podium. Involved and loving parents often have to limit their roles to managing segments of their children’s days, but I wanted to experience life at the helm of my daughter’s day-to-day life. Successful professional women—the Boss included—often deflect questions on the barriers they’ve faced by remarking on their great fortune to live in an age in which it was possible for women to succeed in the workplace. I feel similarly blessed to have been born at a time when I could, without apology, fully immerse myself in the joys and exertions of life as a stay-at-home dad.

     But do men and women really face equivalent tradeoffs between work and family? After all, as the aphorism goes, having children is supposed to help men’s careers and harm women’s. Indeed, Michelle Budig of the University of Massachusetts, Amherst, has found that men’s earnings increase by 6 percent when they become parents, whereas women’s earnings decrease by 4 percent. “Fatherhood may serve as a signal to potential employers for greater maturity, commitment, or stability,” Budig reports, whereas employers may “view family responsibilities among female employees as a source of instability.” Nationwide, childless, unmarried women earn 96 cents for every dollar earned by a man, while married mothers earn a mere 76 cents.
    Diving deeper into Budig’s data, however, one finds that women at the very high end of the income distribution—the top 5 percent of earners—actually receive a motherhood bonus of 5.6 percent, nearly matching that of the average man. (Others have found a motherhood bonus of up to 10 percent for well-educated women.) But are these high-earners making sacrifices at home? Probably. As Budig speculates, and common experience confirms, most of these mothers likely pay others to manage a greater portion of their domestic affairs, including childcare.
     The fatherhood bonus also dissipates when men become more involved at home. Drawing from data tracking the lives and careers of more than 12,000 people over 28 years, Scott Coltrane of the University of Oregon found that both men and women pay persistent and severe financial penalties when they step back from their careers. In fact, men seem to fare slightly worse. Men who take time away from work for family reasons experience a 26.4 percent reduction in future earnings, whereas women experience a 23.2 percent reduction. And men who decrease their work hours for family reasons suffer a 15.5 percent decline, while women’s salaries decline by just 9.8 percent. In other words, having a family helps men in the workplace only if they submit to their traditional gender role.
     What the data show, I think, is that “having it all”—even at different times, as the Boss suggested she was able to do—may well be impossible for most people. For every Justice Sandra Day O’Connor, who famously suffered no ill career effects from taking a five-year break from her career to raise her children, there are many more women and men who’ve found their professional trajectories forever circumscribed by similar life choices. But it’s just as true that every person who learns of his child’s first word the way I did—via text message during a late night at the office—has sacrificed immensely at the altar of professional success and financial necessity.

     The idea that a woman’s place is in the home and a man’s is at work once permeated American law. During the 1970s, as general counsel of the American Civil Liberties Union and co-founder of its Women’s Rights Project, the Boss played a major role in challenging this. On a Sunday afternoon this past May, she reunited with one of her former clients from that era. Stephen Wiesenfeld, now 71, was getting remarried after 42 years of bachelorhood, and the Boss, who had represented him in a 1975 Supreme Court case, now presided over his wedding in the Court’s ornate East Conference Room.
     Wiesenfeld became a widower in 1972 after his first wife, a high school teacher, died during the birth of the couple’s only child, Jason. Wiesenfeld, who had been earning significantly less than his wife, dedicated himself to raising his newborn son and vowed not to work full time until Jason was in school. In seeking to uphold this vow, Wiesenfeld ran headlong into Section 402(g) of the Social Security Act, entitled the “mother’s insurance benefit.” Section 402(g) provided financial support to widows—but not widowers—who found themselves unexpectedly raising their children alone.
     This provision, as Justice William Brennan explained in the Court’s opinion, had been “intended to permit women to elect not to work and to devote themselves to the care of children.” It could only be justified by the assumption that women would stay at home and men would work for pay when the conflicting pressures of single parenthood were suddenly thrust upon them.

     The Supreme Court was unanimous in its decision to strike down section 402(g)’s gender distinction, but its members couldn’t quite agree on why. A majority of justices believed the law discriminated against women wage earners, who paid into Social Security at the same rates as men, but whose families did not receive commensurate protection under the program. (With this ruling, the majority also rejected the idea—advanced on behalf of the government by then-Solicitor General Robert Bork—that section 402(g) was lawful because it gave mothers who chose not to work a special advantage.)
     Chief Justice Warren Burger and Justice Lewis Powell wrote a separate opinion emphasizing the law’s discriminatory effect on men, noting that “[a] surviving father may have the same need for benefits as a surviving mother.” Even while making this point, these two justices seemed skeptical that many widowers would take advantage of the Court’s decision: “In light of the long experience to the contrary, one may doubt that fathers generally will forgo work and remain at home to care for children to the same extent that mothers may make this choice.”
     Finally, Justice William Rehnquist, the Boss’s future Chief, wrote separately to note that the law’s gender distinction harmed children because it “irrational[ly] distinguish[ed] between mothers and fathers when the sole question is whether a child of a deceased contributing worker should have the opportunity to receive the fulltime attention of the only parent remaining to it.”
     Taken together, these opinions showed—as the Boss likes to say—“how gender lines in the law are bad for everyone: bad for women, bad for men, and bad for children.” Or, as she told the justices in 1979 during oral argument in another case, “discrimination against males operates against females as well.” Indeed, part of what made Ginsburg’s legal strategy so effective was that she exposed the irrationality of sex discrimination by challenging laws that—at least on their faces—conferred special advantages on women. (All six cases she argued before the Supreme Court included male plaintiffs; in four, her only client was a man.)

     The Boss’s greatest stamp on gender equality law as a Supreme Court justice came in 1996, when she authored the opinion striking down “separate and unequal” military institutes for women and men. The case was set in motion when a woman who wished to attend the Virginia Military Institute complained about VMI’s policy of excluding women. After a court ruled the exclusion unlawful, Virginia established a separate facility for women that was inferior to VMI in many ways and offered less-rigorous military training. Citing two of the cases she’d won as an advocate, including Stephen Wiesenfeld’s, Ginsburg wrote that Virginia had failed to prove it wasn’t relying “on overbroad generalizations about the different talents, capacities, or preferences of males and females.”
     In the decision’s aftermath, many women told her lightheartedly that they couldn’t understand why a woman would want to attend a military institute. This exposes a serious point, one the Boss frequently notes when discussing the case: Even if most women would not want to attend VMI, it is urgently important that the law protect those who do. Or, as she put it in her opinion, “estimates of what is appropriate for most women . . . no longer justify denying opportunity to women whose talent and capacity place them outside the average description.”
     It may well be that, whether for reasons of social conditioning or inborn inclination, men and women frequently choose to strike different balances between their families and careers. The goal shouldn’t be absolute parity between the genders in all things. But as the Wiesenfeld and VMI cases demonstrate, no one should be constrained by the assumption that men and women necessarily have different priorities and values.

     That lesson resonates just as strongly today. One of my best friends from childhood, T., is a surgical resident at a Level I trauma center in Minneapolis. After his wife became pregnant with their first child, T. cleverly arranged his schedule to scrape together five weeks of paternity leave—the longest in the history of his program. A big factor in T.’s decision was that his wife was giving birth in her native Sweden. If he’d taken any less time, he would have risked not being around when the big day arrived. Things went smoothly, and T. returned to work shortly after his son was born.
     Every year at the residents’ graduation dinner, the chief residents in T.’s program bestow a “Razzy” award, intended as a good-natured public shaming for the year’s most striking miscue. One year’s recipient had managed, during a routine appendectomy, to remove large swaths of the patient’s neighboring organs. Another year, the winner had worn a t-shirt and gym shorts during a presentation to a roomful of his superiors attired in white coats and slacks. That year, the chiefs decided to crowd-source the award, asking residents to submit their nominations for the most boneheaded act of the year. T., for his record-breaking five-week paternity leave, came in second.
     Meanwhile, T.’s wife, also a doctor, did what is standard in Sweden: She took an entire year off to raise her son, earning 80 percent of her pay. If T. had been living in Sweden, he could have done the same. Forty years ago, when the Boss was fighting for gender equality in the Supreme Court, Sweden became the first country to institute gender-neutral parental leave policies. Today, under Swedish law, T. and his wife would have been allotted an astounding 480 total days of paid parental leave. A couple can apportion the leave in any way they want (and use it any time until the child is 8 years old). But a minimum of 60 days is reserved for each individual, man or woman. Women still take more than 75 percent of total leave time in Sweden, but that may change, as proposals are currently being pushed to encourage more so-called “daddy months.”
     Sweden’s cultural expectations mirror its laws. T.’s wife knows a Swedish cardiologist who returned to work after his requisite 60 days at home. Despite his joy at becoming a father, the drudgery of life with a newborn didn’t sit well with him. His wife, a doctor at the same institution, agreed to stay home for the rest of the couple’s allotted time. But on his return to work, the hospital’s leaders pulled him aside and delivered a stern lecture on the poor example he was setting. He was soon back to changing diapers and warming bottles, and the couple redistributed their leave more evenly.
     Not surprisingly, a wide body of research shows that children who have engaged, supportive fathers are better socialized, have stronger cognitive and language skills, and are more emotionally balanced. A 2007 study by the Swedish National Institute of Public Health also found that taking parental leave was good for men themselves over the long run: Those who did it lived longer than those who didn’t, perhaps because it caused them to moderate traditionally masculine, self-destructive behaviors. And it has been shown that mothers’ incomes rise about 7 percent for each month that a father spends at home with the children.
     On the other hand, when men don’t have the opportunity to take parental leave, women’s incomes suffer. As economists Francine Blau and Lawrence Kahn have found, the cost and disruption associated with generous maternity leave “may lead employers to engage in statistical discrimination against women for jobs leading to higher-level positions.” In other words, why invest in a woman’s career if you fear, reasonably, that she might leave for a year at 80 percent pay when a similarly qualified man doesn’t have that option? There is also some indication that unequal leave harms the family unit as a whole. Divorce and separation rates, which were rising in most parts of the world, fell in Sweden after the initial institution of a “daddy month” in 1995 (it was extended to the two months in 2002).
     As for T., he decided to take a year off his residency when his second child came along. He is doing serious medical research funded by a grant, so it’s a professionally respectable choice. But most days his schedule allows him to be home with the kids while his wife is at work in the hospital. Though T. is eager to get on with his surgical training, he has no regrets. “I’ve seen too many 30- or 40-something fathers rushed into the O.R. after a car crash or a cardiac arrest and never get the chance to say goodbye to their young children,” he told me. “Life is fragile and you have to focus on what is important while you can.”

             During my time as a stay-at-home dad, I was often dismayed by the novelty of my choice. Throughout my cycle of visits to the local toddler attractions—libraries and bookstores, playgrounds and parks, fountains and pools—I could go weeks without seeing another man between the ages of 5 and 70 during the weekday working hours. All the other caretakers were women, and they formed two distinct cliques: steely-eyed blonde mothers in yoga pants and smiling Latina nannies in faded jeans.
             At first I assumed I’d have something in common with the lululemon ladies. After all, many of them had made the same considered choice to trade glass towers and business casual for playgrounds and gym clothes. My outreach wasn’t rebuffed, but it wasn’t exactly welcomed. In virtually every extended conversation with a member of the yoga-pants tribe, I encountered the assumption that I didn’t want to be doing this—that my presence at the playground was the product of a professional setback. (“I’m taking some time between jobs to be at home with my daughter.” “Good for you! My husband would go crazy. Don’t worry, something will come up.” “I had a one-year position with long hours, and I really wanted to spend time with my daughter before I started work again.” “You should consider yourself lucky! My husband is in finance; he could never do that. There’s a silver lining to every cloud, you know?”)
             These assumptions are not without empirical support. A 2014 Pew Research Center survey reports that the overall number of stay-at-home dads in the United States has risen dramatically over the past two decades, nearly doubling from 1.1 million in 1989 to 2 million in 2012. But the majority of stay-at-home dads didn’t so much as choose their path as have it chosen for them: 35 percent stay home because of illness or disability, 23 percent because they simply couldn’t find a job. Nearly half of all stay-at-home dads live in poverty, and only 3 percent have a college degree. Most tellingly, a mere 21 percent actually made an affirmative decision to raise their kids full time. In contrast, 73 percent of stay-at-home moms (who number 10.4 million nationally) report that they stay at home for no other reason than they want to.
             It bears mentioning that the career pauses my wife and I each chose don’t meet Pew’s definition of being a “stay at home parent.” Even so, it was hard not to feel a tinge of self-doubt as Caitlyn and I went about our days. Were the scowls from the sea of suits a sign of disdain for my professional failure, or irritation that my jogging stroller was hogging the sidewalk? Were the concerned smiles from stay-at-home moms meant to convey kinship or support for my job search? It evoked memories of feeling alone and insecure as a racial minority during childhood, wondering whether the ball wasn’t being passed in my direction because I blew that layup or because my teammates thought there was no way that Asian kid could play. I found myself rushing out the door in the early morning, or delaying excursions until the late afternoon, when other dads might be around. After getting the “you must be a professional failure” shtick one too many times, I sheepishly started pulling out the Harvard paraphernalia buried at the back of the closet for the “mommy and me” sing-along.
             Part of my hypersensitivity was borne from insecurity. My wife has devoted her professional life to children—she is a pediatrician and former elementary school teacher—and she’s also the more energetic and inspired parent. I often wondered if she would have dealt with a temper tantrum better, or found a more enriching way to pass a rainy afternoon. My fears were often set off by a well-meaning word of encouragement when something went awry—a friendly “It’s not as easy as it looks, is it?” expression on a mother’s face when Caitlyn’s pants got soaked at the sandbox and I’d forgotten to bring a spare pair. Or the sympathy of the woman behind me at the checkout line who heard Caitlyn crying to escape the confines of her stroller and asked, “Aww, do you miss your mommy?”

             The moments when I was able to rise above stereotypes, however, were ones of great pride. We take Caitlyn for her regular medical checkups at the Georgetown clinic, and try to time it so that my wife can stop in between seeing her own patients. The first time we came, my wife was tied up with a patient. Her co-residents sensed trouble. Fathers, in their experience, were rarely able to answer any of the basic questions at the core of toddler checkups: how much milk the child is drinking, how many words she can speak, what her bowel movement schedule is like. When word spread that I had aced the test, my wife’s co-residents expressed wonder at my level of sincerity and involvement. I can’t say I had a more satisfying moment during my clerkship at the Supreme Court.
             A few weeks ago, I started a new job at a private law firm, bringing an end to my stint as a stay-at-home dad. During my job search, I made it a point to mention my daughter and my commitment to family in every interview; I also tried to make it clear that no matter how hard the firm might work me, my wife would have the more demanding and less flexible job.
             This may well have cost me an offer or two. Most of the senior partners I met with responded stiffly, with raised eyebrows and a bemused remark on how times have changed. (Sometimes, though not often, this was accompanied by a wistful aside about the time they’d lost with their own, now-grown children.) Younger partners of both genders, however, usually responded with warmth, understanding, and even enthusiasm, based on their own experiences managing a dual-career household.
             I will forever cherish my time at home with Caitlyn. I haven’t spent such a concentrated amount of time with one person since I fell in love with her mom. And I probably won’t again until, with any luck, her mom and I enjoy a lazy retirement together one day. (Which is not to say I won’t be doing this all over again when, we hope, Caitlyn has a little brother or sister. I will.)
             In the meantime, returning to work has renewed my determination to make every moment count. After a day away from Caitlyn, I come home engaged and enthusiastic, eager to pack a day’s worth of play, learning, and bonding into a few scarce hours. At the office, the encouraging reactions of the younger partners make me hopeful that a commitment to family won’t necessarily mean a future of depreciated income and stunted professional advancement. But if it does, I can live with that tradeoff. I’d far prefer it to a future of maximized career potential and personal regret.

Ryan Park is an associate at the law firm Boies, Schiller & Flexner LLP and a former law clerk to U.S. Supreme Court Justices David H. Souter and Ruth Bader Ginsburg.

(See photos of the author's family, and a video of Justice Ginsburg speaking about parenting at the original link.)