• Journal of Korea Fair Competition Federation
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• no.100
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• pp.2-13
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• 2003

우리나라의 현실여건을 감안해본다면, 묵시적 가격협정 카르텔의 존재 입증에 있어서 경제적 증거의 역할은 상당히 제약적일 수밖에 없음을 알 수 있다. 특히 상고허가제를 실행함으로써 상고심의 대상이 되는 사건의 수를 사전에 제한하고 이에 따라 사건심리에 충분한 시간을 투자할 수 있는 미국 연방대법원과는 달리, 우리나라의 경우 국민의 재판받을 권리를 최대한 보장하기 위하여 대법원이 대부분의 상고사건을 받아들이고 이로 인해 과중한 업무량에 시달리고 있음을 고려한다면, 실무적으로 경제적 증거를 충분히 평가하기란 힘들 것으로 예상된다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.43-63
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• 2015

The number of final appeal(the rate of final appeal: 43%) has been on the increase every year over the past ten years in Korea. The number of final appeal cases given to a justice of the Korean Supreme Court amounts to nearly one everyday, which makes it vulnerable to faulty decisions. Reversal rate of final appeal is as low as 10% with most of the cases being dismissed and hence the percentage of people having trust in the judiciary is merely 27%. In this context, the Korean judiciary has announced its plan to set up a final appellate court in the Supreme Court. The establishment of final appellate court, however, is not only against the Constitution but also hardly seen in other nations. It would only overexpand the Supreme Court. Furthermore, the final appellate court would end up deteriorating into the court of fourth instance and impose extra burden on the government as well as on the disputing parties. Therefore, it is necessary to upgrade the quality of the court by increasing the number of judges in the lower court and let them focus on the fact finding process. Facilitating the ADR(Alternative Dispute Resolution) process such as arbitration would help improve the structure of the judiciary. The incompatibility among the four values of the dispute resolution process(equitability, truth, quickness and efficiency) calls for building comprehensive judicial system in which disputes are settled by choosing either jurisprudence or utility.

• Journal of Convergence for Information Technology
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• v.7 no.5
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• pp.157-167
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• 2017

This study aims to establish measures to prevent emotional abuse by analyzing court precedents related to emotional abuse at daycare centers of Korea. For this, ten precedents of first trial and four precedents of appellate trial related to emotional abuse were analyzed in depth. In the results of study, there were diverse types of emotional abuse at daycare centers such as assaulting(hitting head, face, and buttocks with hands and feet), throwing things, neglecting, forcefully feeding food, stopping mouth with handkerchief and wet tissue, skipping meals, and showing scary images. And the main issues of precedents included the matter of justifiable act as circumstances precluding wrongfulness, and the matter of applying the joint penal provision. Based on such results, the measures to prevent emotional abuse at daycare centers were suggested.