• Title/Summary/Keyword: 반론권

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A Study on a Legitimate Plaintiff in Cases Involving a State Request for a Right of Reply (반론보도청구사건에 있어 국가기관의 당사자 적격에 관한 고찰)

  • Yoo, Jae-Woong
    • Korean journal of communication and information
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    • v.21
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    • pp.147-175
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    • 2003
  • This study is primarily concerned with the criteria for choosing a legitimate state plaintiff in cases involving a states request to media for a right of reply. Interpretation of the right of reply itself is different from country to country because of different constitutional views and systems in each state. Unlike the United States, the constitution of the Republic of Korea does not expressly prohibit the making of laws adversely affecting freedom of the press. Accordingly, in Korea freedom of the press may be restricted through legislation within certain limits and the right of reply is not incompatible with the spirit of the constitution. An analysis of relevant law makes it clear that the particular agency aggrieved should initiate the suit rather than the Justice Minister. The idea that the Justice Minister should assume the role of plaintiff in all state cases seems to stem from flawed interpretations of provisions in the Law Governing Registration of Periodicals and the Law Governing Litigation Involving the State. Even though each state agency has the right of reply, it should be cautioned not to abuse it as the states frequent involvement in litigation may bring on unnecessary misunderstanding and have a chilling effect on the media. The right of reply does not always imply that a certain media report in question is wrong and the media should be sanctioned for it. The right of reply is basically intended to help the general public make an informed judgment on issues presented in the media and insure fairness and balance.

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Reconsidering the Ability Hypothesis about "What Mary Didn't Know" ("메리가 몰랐던 것"에 대한 능력가설의 재고)

  • Kwon, Hongwoo
    • Journal of Korean Philosophical Society
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    • no.126
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    • pp.141-165
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    • 2019
  • The ability hypothesis about black-and-white Mary once enjoyed the status of the "received view." But its popularity has declined since then. There seem to be two reasons for this. One is Martine Nida-Rümeline criticism against the ability hypothesis, where he tries to show that what Mary learns upon release is more than a bunch of abilities. The other is Jason Stanley and Timothy Williamson's criticism. They argue that the abilities Mary acquires amount to "knowledge-how", which in turn is reduced to "knowledge-that." This essay aims to defend the ability hypothesis against these criticisms, and thereby restore the status of the ability hypothesis. As for the first criticism, it is argued that the kind of knowledge Mary acquires other than the abilities is "demonstrative knowledge," which not only poses no threat to physicalism, but also is orthogonal to phenomenal knowledge. As for the second criticism, it is argued that by ruling out "the ability to imagine experiences," the ability hypothesis can survive Stanley and Williamson's criticism.

A Study on the Characteristics of lawsuits between the Freedom of the Press and Individual Rights over the Investigative Reporting Program (TV탐사보도 프로그램의 법적분쟁에 나타난 특성 연구)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.29
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    • pp.233-269
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    • 2005
  • The purpose of the study is to explore the characteristics of lawsuits against investigative reporting programs of the broadcast media. This study proposed three research questions: (1) what were the characteristics of court derisions on the investigative reporting programs? (2) what were the reasonings on which judges rely in the lawsuits for a right of reply? (3) what were the critical issues and how the libel laws were applied in balancing between the freedom of the press and the protection of individual rights. To answer these questions, the study employed quantitative and qualitative methods analysing 35 related cases. This study revealed that investigative reporting programs must deal with the Issues of 'public figures' and 'matters of public concern' to be protected under the freedom of the press. The study also found that the broadcast media must prove legitimate public interests and the truth of the facts to prevail in a case. In 1999, the Constitutional Court of Korea held that pubic figures in libel cases must be regarded differently from private figures. In accordance with the decision, the Supreme Court has applied differing criteria for public figures in libel cases. However, courts have not set a clear definition of the public figure yet. To advocate the freedom of the press, as the results of this study indicate, TV producers and journalists should behave lawfully in the course of newsgathering and provide the opportunities of reply for their news sources.

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A Study on Cultural Value Creation in Animal Festivals (동물 이용 축제의 문화적 가치 생성 연구)

  • Kwon, Jaehyun
    • The Journal of the Korea Contents Association
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    • v.21 no.1
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    • pp.185-195
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    • 2021
  • This study is to criticize whether festivals as cultural activities form cultural values by questioning about the animal cruelty in Korean festivals. Changes in the social awareness of animals and the viewpoint that shifted from human-centered thinking to values of the environment and life served as an opportunity to look back on animals. This study looked at festivals using animals in Korea and especially analyzed the four major animal festivals that have been criticized. A qualitative study method interpreting opinions, evaluations, alternatives, and arguments of cultural tourism and animal rights experts was implemented by conducting interviews with experts of cultural tourism and animal rights, who have conflicting views about animal festivals. The primary topic of discussion is a sharp criticism that 'sales of products based on innocence' is a commercialized cultural value. The expression that 'wrongful traditions do not need to be protected' is an escape from the customary memory of traditions that do not create cultural values. The act of stopping the long malpractice of traditional animal violence is the very act of creating 'cultural values.'

Fun Labor and User Identity of Virtual Worlds (가상세계의 재미노동과 사용자 정체성)

  • Lyou, Chul-Gyun;Shin, Sae-Mi
    • The Journal of the Korea Contents Association
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    • v.7 no.8
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    • pp.182-190
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    • 2007
  • Virtual world is the 3D graphical interactive environment that networked by electronic communications. Virtual Worlds offered flow experience for a long time to their users. They blur the boundaries of work and play, so bring out the concept of Fun Labor. If we can accept the principle of equivalence between Fun Labor and Real Labor, the Fun Labor may be one of the solutions of the large unemployment problem in the information society. And the Fun Labor is the new type of labor that corresponds the subjectivity of users who want interesting experience as much as they spend money and times. This situation means that the users of Virtual worlds are structuring the identities as the Residents who act the Fun Labor. It'll be very important to examine the social effects of this situation.

A Study on the Possibility of Introducing Electoral Eligibility for Permanent Alien Residents (정주외국인의 피선거권 도입 가능성에 관한 연구)

  • Lee, Youn-Hwan
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.13-22
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    • 2013
  • With increase of Korean economy scale and globalization, permanent alien residents in Korea are increasing day by day. Living in Korea, they maintain their original nationalities, but their life in Korea is greatly affected by political decision made by Korea. It has been taken for granted that foreigners's suffrage were not recognized due to national sovereignty. The claim that foreigners should not be allowed to participate in government has constantly been met with counterargument on the basis of instability of sovereignty principle, trends of advanced countries, intrinsic differences between federal and regional governments, or actual state of foreigners. It is unreasonable to deal with foreigners' suffrage and eligibility for election differently in that the current public offices election law does not allow foreigners to be eligible for election without any special reason while allowing foreigners to vote in the local election. It is discrimination against foreigners not to allow foreigners to be eligible for election when there is no rationale to differently deal with foreigners' suffrage and eligibility for election. This paper deals with constitutional argument regarding foreigners' electoral eligibility, takes a look at legislative cases of Japanese and European countries, and examines possibilities of including foreigners' eligibility for election in our public offices election law.

An Impact Analysis of Shut down System on the Trust to Government: focus on comparing gamer with non-gamer (셧다운제가 정부신뢰도에 미친 영향 분석: 게이머와 비게이머의 비교 분석을 중심으로)

  • Choi, Seong Rak;Min, Jiae
    • Journal of Korea Game Society
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    • v.13 no.1
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    • pp.49-60
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    • 2013
  • The government enacted shutdown system in the fall of 2011. It was to secure a right to sleep for the youth and prevent them from being addicted to game. The opinion on the system was dichotomized: gamers were against it for the reason that shutdown system was not effective while non-gamers like parents thought that it was a measure to prevent game addiction. The trust of the public on the government is influenced by the factors of moral and competence. That is, if the policy chosen by the government is effective, the public come to trust their government more. Focusing on the factors of the government competence, this study examined to know how the effectiveness and efficiency of governmental policies have impact on the public trust on the government. Particularly this study looked carefully into what factors of political effectiveness have impact on the trust by group (group with and against the shutdown system). Through this study some implication could be obtained for the difference in trust between two groups.

Study on the Characteristic of Media Lawsuits by Public Figures and the Tendency of the Court Decisions in Korea: Focusing on the Decision about Defamation of Politicians and Senior Government Officials Since 1989 (공인의 미디어 소송 특징과 국내 판결 경향에 관한 연구: 1989년 이후 정치인 및 고위 공직자 명예훼손 판례를 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.40
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    • pp.150-191
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    • 2007
  • Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

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A Comparative Study of Sartre's imagination theory and Dufrenne's aesthetic theory on a Concept of 'analogon' (사르트르의 상상력 이론과 뒤프렌의 미학 이론의 접점 - 아날로공 개념을 중심으로)

  • Ji, Young-Rae
    • Korean Association for Visual Culture
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    • v.35
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    • pp.5-33
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    • 2019
  • This paper examines the problems of the concept of 'analogon' which occupies an important place in Jean-Paul Sartre's theory of imagination and his 'aesthetic of the unreal', focusing on Michel Dufrenne's objection to the concept. In the Imaginary (1940), Sartre offers a phenomenological account of the imaginative experience and his theory of imagination provides the basis for his account of experience of art. Sartre distinguishes the imagining consciousness from the realizing consciousness of perception. The work of art, for Sartre, is transformed into an irreal thing ("The work of art is irreality."), i.e. it appears only as aesthetic object, and only under the condition that the spectator's consciousness changes into an imagining consciousness. Some claim that Sartre underemphasizes the function of materiality in artworks. Mikel Dufrenne, in his The Phenomenology of Aesthetic Experience (1953), criticizes Sartre's thesis of irreality. Dufrenne argues that the aesthetic object is the work of art accomplished by aesthetic perception, the meaning of the aesthetic object is given as a whole in the sensuous and does not refer to something that lies outside the object as with imagination or irreality. An affective a priori is the condition of possibility for the occurrence of aesthetic experience.