• Title/Summary/Keyword: 사법적 접근

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Harmonization between Environment and Trade under the WTO system (WTO체제하의 환경과 자유무역간의 조화)

  • Lee, Eun-Sup;Oh, Byung-Seok;Lee, Yang-Kee;Kim, Sun-Ok
    • International Commerce and Information Review
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    • v.14 no.1
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    • pp.247-271
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    • 2012
  • This paper finds out that the WTO's member countries' environmental measures have sometimes reflected the interests from their domestic industrial fields under the name of environmental protection. For the harmonious linkage between the trade and environments under the WTO mechanism, it is required for the concerned parties to reach the consensus for the measures to be imposed domestically and internationally, as well as the WTO's judicial efforts to make more scientific approach. Such coordination and consensus among the concerned parties to the domestic and international environments would be the efficient way to solve the conflicts between the trade and the environments, together with the WTO's more scientific approach in interpreting and applying the environmental provisions.

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A Study of Internet Content Regulation in South Korea (국내 통신심의 제도 개선에 관한 연구)

  • SUNG OCK YOON
    • Informatization Policy
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    • v.30 no.2
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    • pp.3-21
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    • 2023
  • The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.

Juror Judgmental Bias in Korean Jury Trial: Sentencing Demand and Anchoring Effect (사법적 의사결정시 나타나는 배심원 판단편향: 검사구형량의 정박효과)

  • Lee, Yumi;Cho, Young Il
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.329-347
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    • 2020
  • When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

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An Introduction to Alternative Dispute Resolution(ADR) for the Water Conflicts Resolution (물 분쟁 해결을 위한 대안적분쟁해결방안(ADR))

  • Lee Myoung Woo;Yi Choong Sung;Park Kyo;Shim Myung Pil
    • Proceedings of the Korea Water Resources Association Conference
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    • 2005.05b
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    • pp.1491-1495
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    • 2005
  • 물 분쟁은 더 이상 다른 나라의 이야기가 아니다. 우리나라 역시 산업구조의 변화와 인구의 증가로 물의 수요가 증가함에 따라 많은 물 분쟁이 발생하고 있다. 물 분쟁은 많은 원인과 다양한 차원의 분쟁주체들이 관계하고 있어 복잡한 네트워크구조로 나타나는 특징이 있다. 이러한 다양한 종류의 물 분쟁을 해결하기 위해서는 그 대책 또한 법률적, 기술적, 사회적으로 다양하게 접근 하여야 할 것이다. 그러나 과거 우리나라의 경우 분쟁이 발생하였을 때 그 분쟁의 최후 결정은 주로 사법기관에 의하여 처리되곤 하였다. 이러한 사법적 분쟁해결은 많은 시간과 비용을 필요로 하며 분쟁당사자 모두 만족할 수 없는 결과를 야기 할 수 있는 큰 단점을 안고 있다. 본 연구에서는 이러한 단점을 보완하고 물 분쟁을 해결하기 위한 방안으로 대안적분쟁해결방안(ADR: Alternative Dispute Resolution)을 소개하고, 적용가능성에 대하여 검토하였다. 물 분쟁의 해결을 위해 ADR을 활용한다면 시간과 비용의 절약, 원만한 분쟁해결, 사후에도 당사자들의 좋은 관계 유지 등의 이점을 기대 해볼 수 있다.

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Electron Microscopic Autoradiographic Study on Uptake of Radiolabeled Vitellogenin into Ovary of Wax Moth, Galleria mellonella L. (꿀벌부채명나방의 난소에서 난황전구물질 흡수에 관한 전현자기장사법적 연구)

  • 김관선;이봉희;윤일병;김우갑
    • The Korean Journal of Zoology
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    • v.33 no.4
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    • pp.428-434
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    • 1990
  • Uptake and accumulation of vitellogenin into ovary were traced by radiolabeled vitellogenin produced in the fat body. Vitellogenin reached the oocytes through the follicle cells and the intercellular space and penetrated the oocyte membrane via the endocytotic vesicles and then accumulated to the growing yolk granules.

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A Review and Implication of the School Violence Prevention and Countermeasure Act Revision (학교폭력예방 및 대책에 관한 법률 개정 내용과 함의)

  • Seong, Moonju
    • Journal of Digital Convergence
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    • v.18 no.2
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    • pp.121-126
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    • 2020
  • This paper reviews the amend of the School Violence Act. The School Violence Act was introduced in 2004 and it has revised several times since then. However, the latest revision in 2019 was important and meaningful. The Act began to get a stance of educational approaches to school violences. It has more emphasized to deal with school violence in the perspective of educational approach. For example, the newly revised School Violence Act allows principles of schools to deal with school violence cases in a condition of minor violence cases when victim students and parents agree with. This is an impressive change. The School Violence Act is still on going change and it should be changed more educational perspectives to deal with school violences.

A Study on the Authority of Private Security Personnel (민간경비원의 권한에 대한 연구)

  • Choi, Sun-Woo
    • Korean Security Journal
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    • no.21
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    • pp.177-199
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    • 2009
  • In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.

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The Recognition Characteristics of Science Gifted Students on the Earth System based on their Thinking Style (과학 영재 학생들의 사고양식에 따른 지구시스템에 대한 인지 특성)

  • Lee, Hyonyong;Kim, Seung-Hwan
    • Journal of Science Education
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    • v.33 no.1
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    • pp.12-30
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    • 2009
  • The purpose of this study was to analyze recognition characteristics of science gifted students on the earth system based on their thinking style. The subjects were 24 science gifted students at the Science Institute for Gifted Students of a university located in metropolitan city in Korea. The students' thinking styles were firstly examined on the basis of the Sternberg's theory of mental self-government. And then, the students were divided into two groups: Type I group(legislative, judicial, global, liberal) and Type II group(executive, local, conservative) based on Sternberg's theory. Data was collected from three different type of questionnaires(A, B, C types), interview, word association method, drawing analyses, concept map, hidden dimension inventory, and in-depth interviews. The findings of analysis indicated that their thinking styles were characterized by 'Legislative', 'Executive', 'Anarchic', 'Global', 'External', 'Liberal' styles. Their preference were conducting new projects and using creative problem solving processes. The results of students' recognition characteristics on earth system were as follows: First, though the two groups' quantitative value on 'System Understanding' was very similar, there were considerable distinctions in details. Second, 'Understanding the Relationship in the System' was closely connected to thinking styles. Type I group was more advantageous with multiple, dynamic, and recursive approach. Third, in the relation to 'System Generalization' both of the groups had similar simple interpretational ability of the system, but Type I group was better on generalization when 'hidden dimension inventory' factor was added. On the system prediction factor, however, students' ability was weak regardless of the type. Consequently, more specific development strategies on various objects are needed for the development and application of the system learning program. Furthermore, it is expected that this study could be practically and effectively used on various fields related to system recognition.

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A Study on Improving Measures against Terrorism in Metropolitan Subways (지하철내 테러대응 개선방안의 연구)

  • Park, Woong-Shin
    • Korean Security Journal
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    • no.50
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    • pp.91-115
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    • 2017
  • Recently the characteristics of those who committed serious terrorist crimes are not directly related to the direct command system of a specific terrorist organization (ex. IS) but are influenced by the political propaganda of terrorist organizations online, Terrorist crime under the loose form of the terrorist organization. Therefore, this study suggests ways to improve countermeasures against terrorism in metropolitan subways. Although it is important for the prevention of terrorism in the subway, it is important for the police officers of the subway police and the special police officers of the railway to have a physical limit to take charge of them, and after confirming that improvement measures are necessary, And pointed out the possibility of establishing independent security departments where judicial and administrative control is not feasible to grant police rights. In addition, I pointed out how to improve the safety of subways in the metropolitan area through the recruitment of core job candidates and the identity survey during the subway operation. Furthermore, it was confirmed that a special council on terrorism, which can take into consideration the characteristics of subway terrorism, such as airports and ports, is required to be established in charge of terrorism prevention under the current Anti-Terrorism Act. Finally, it is once again emphasized that the strengthening of the powers of the counterparts to terrorism must inevitably limit the basic rights of the people, so the principle of proportionality must be observed in their activities.

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.