• Title/Summary/Keyword: 법감정(法感情)

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Law and Love in (<춘향전>에서의 법(法)과 사랑)

  • Kim, Jong-Cheol
    • Journal of Korean Classical Literature and Education
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    • no.38
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    • pp.175-200
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    • 2018
  • From the point of view of the law and public morals in Yi-dynasty, it is possible to discover new meanings in the love of Chunhyang and Mongryong-Lee, the conflicts between Chunhyang and Hakdo-Byeon, and the rescue of Chunhyang by Mongryong-Lee as a secret royal inspector. First, although the love of Chunhyang and Mongryong-Lee was against the law and public morals of Yi-dynasty, the narrator did not call to account, but he described the love as a romantic and new one conflicting with the ruling system. And it was an unprecedented case that Chunhyang asked a written contract as a legal guarantee for marriage when Mongryong-Lee courted her. Second, Hakdo-Byeon, the Namwon county governor, accused Chunhyang, a female entertainer of the Namwon county, of disobedience to his oder and contempt of him, and interrogated her with torture when she denied his demand for bed service which was prohibited by law. Chunhyang refuted against him and regarded his demand for bed service as the rape of a married woman. In this process, narrator sharply contrasted Chunhyang's claim for human rights with Hakdo-Byeon's legal administration. Characters such as people of Namwon county and king did not call Mongryong-Lee to account for that he, as a secret royal inspector, allegedly used his power privately to rescue his sweetheart Chunhyang from Hakdo-Byeon's illegal oppression. These different judgements on legal administrations of Hakdo-Byeon and Mongryong-Lee came from the legal emotion of characters and reading publics of . Namely, people who sympathized with Chunhyang's claim for love and human rights had the legal emotion that Mongryong-Lee's administrative order suspending Hakdo-Byeon's govenor's status could be approved as an legal and exciting one. Therefore the love of Chunhyang and Mongryong-Lee implied a new legal emotion which based on the sympathy with Chunhyang's human rights consciousness, and regarded the positive law of Yi - dynasty as one behind times.

Common People's Emotional Response and Attitude toward Law in Korean Society (한국인의 법의식: 법리(法理)와 정리(情理)의 갈등)

  • Si-Up Kim;Ji-Young Kim
    • Korean Journal of Culture and Social Issue
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    • v.9 no.1
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    • pp.67-79
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    • 2003
  • Why, in general, don't Korean people follow the law? Possible one of the answers to this question is based on lay people's emotional evaluation to the law in which common people's evaluation to the guilty according to their private logics comparing to public logics of facts and sentence of illegal behavior. Futhermore, in psychological field, there have been some researches concerning on differences in morality such as moral judgement and evaluation including moral inference among cultures. Therefore, the reason why Korean people tend to be not law observance and law break is that Korean people are not immoral such as telling a lie and not keeping promises, but rather they have a tendency of appling their private and personal logics based on Cheong(interpersonal affection) relationships and logics to public and legal affairs.

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Judges' Perception of Public Opinion: Comparing Grounded Theory and Topic Modeling in Analyzing Focused Group Interview with Judges (사회여론에 대한 법관의 인식: 법관 대상 FGI에 대한 근거이론 분석과 토픽 모델링 비교)

  • Gahng, Taegyung
    • Korean Journal of Forensic Psychology
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    • v.13 no.1
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    • pp.23-52
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    • 2022
  • In this study, focused group interviews with 24 incumbent judges were conducted on how they conceptualize public opinion and what attitude they take toward it in relation to judicial trials. The contents of the interviews were analyzed through grounded theory and topic modeling (STM). According to the grounded theory results, judges distinguished concepts such as social rules, socially accepted ideas, legal emotion, and public mood from public opinion, and subdivided public opinion into temporary and emotional reactions to specific legal cases and consistent attitudes toward law and policies. In addition, it was found that judges' attitudes toward public opinion and social norms differed depending on the type of cases or legal issues. Topic modeling results significantly corresponded to the grounded theory results. In this model, the effects of the types of cases dedicated to participants on topical prevalence were statistically significant.