• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.209-218
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• 2017

In Korea, child abuse in child care centers occurs continuously, and it is becoming a social problem. The government has intensified the supervision of management in child care centers, and through strong countermeasures and prevention against child abuse, it enacted the special act on child abuse in oder to enable children to become healthy members of society. In this study, this researcher gasped the legal application on child abusers, and analysed how the punishment for abusers changed according to the application of the special act on child abuse, through examining precedents of child abuse in child care centers. 21 cases related to child abuse cases were collected by searching homepage of the supreme court and each district court in this study. As a result of analyzing the precedents, the sentence of the defendant did not increase greatly, and it differed from the criminal identification of the people in cases of child abuse on which the special act on child abuse was applied. Therefore, it can be seen that there is a demand for more rigorous legal application for abusers in order to prevent child abuse in child care centers.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2015.10a
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• pp.1013-1014
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• 2015

Regardless of the strict enforcement of prevention education in accordance with the school facility management standard, safety accidents that lead to human and physical damages occur in current educational facilities because of teenagers with very low sense of responsibility and insensitivity toward fire and facility safety. To ensure educational facility safety, technology that will enable a fast work process and easy confirmation of electronic blueprints and related documents about the educational facility through smart devices at the site by various means is needed. This paper proposes a system design linked to the National Education Information System (NEIS) that uses the document conversion function, high efficiency resolution, and Internet of Things (IoT) to inspect and control the educational facility in the event of a safety accident through the Educational Facility Resource Management System (EFRMS) that manages the electronic blueprints, and various educational facility documents through various smart devices.

• Journal of Korea Fair Competition Federation
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• no.121
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• pp.2-18
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• 2005

이 글은 시장지배적사업자의 배타적 거래행위에 관한 논문이다. 우리 독점규제법은 독점이나 과점 그 자체는 금지하지 않고 그 폐해, 즉 시장지배적사업자의 지위남용만을 규제하는 방식을 취하고 있다. 따라서 일반사업자의 불공정 거래행위를 규제하는 규정(동 법 제23조)과는 별도의 규정(동 법 제3조의2)를 두고 있다. 그러나 미국의 경우 독점의 시도자체를 원칙적으로 금지하는 입법 형식을 취하고 있으며(셔먼법 제2조), 사업자의 불공정거래행위에 대해서는 다른 규정에서 다루고 있다(셔먼법 제1조 및 클레이트법 제3조). 그러므로 독점사업자가 배타적 거래행위를 하는 경우, 우리 독점규제법에 따르면 동 법 제3조의2를 적용하여 해결할 수 있다. 그러나 미국의 경우, 우리 독점규제법 제3조의2와 같은 조항이 없기 때문에, 독점화에 관한 규정을 적용해야 하는지 아니면 불공정 거래행위에 관한 규정을 적용해야 하는지가 문제된다. 이 논문의 저자는 이처럼 독점화와 배타적 거래행위가 교차하는 부분을 문제의식을 갖고 보았다. 미국에서는 이 영역에서 발생하는 법적 문제들을 셔먼법 제2조에 관한 판례법을 통해 해결하고 있다. 이와 같이 이 영역을 독점화의 시도와 연관지어 검토했기 때문에, 매우 엄격한 잣대가 적용되었다. 그러나 최근에는 시장지배적사업자의 "효율적인" 행위가 과잉 규제되는 일이 없도록 해야 한다는 비판이 강하게 제기되면서, 이들의 거래행위에 대해 신중히 검토해야 한다는 주장이 일고 있다. 이에 대해 저자는 "신중한" 검토가 항상 중립적이지도 바람직하지도 않은 것이라고 항변한다. 신중한 검토를 하는 동안, 시장에서의 경쟁자들은 생존 자체에 위협은 느끼기 때문이라고 한다. 실제로 미국에서는 시장지배적사업자들이 신속하지 못한 독점금지 소송을 전략적으로 이용하고 있다고 한다. 또한 저자는 "독점금지법은 경쟁을 보호하기 위한 것이지 경쟁자를 보호하기 위한 것은 아니다"는 슬로건에 대해 강한 이의를 제기한다. 경쟁자 없이는 경쟁도 있을 수 없기 때문이다. 그리고 마지막으로 영화 스파이더맨에서 나온 대사로 끝을 맺는다. "큰 힘을 갖게 되면 큰 책임이 뒤따른단다."

• Journal of the Korean Vacuum Society
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• v.19 no.6
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• pp.415-422
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• 2010

Recently as the reports on toxicity of some nanomaterials and the nanoproducts containing these nanomaterials are rapidly increasing, the safety management issues about nanomaterials and nanoproducts are emerging hot. Especially safety in the workplace and that of consumers and the protection of environment, in other words safeties throughout the life-cycle of nanomaterials and products become core issues. Despite the importance of such a safety management, however, it is very difficult to construct the hard regulatory framework for safety, owing to uncertainties and potentialities of nano-risk. In this paper I will look around the ethical principles and guidelines for safety management which are preferentially required before going into the discussion on the construction of hard-regulation such as law and something like that. Under the circumstance that hard-regulations for safety management are not implementable, these principles and guidelines are expected to play a leading part in building the responsible risk-governance framework for nanomaterials and nanoproducts, and finally to become a cornerstone of the hard risk-governance framework.

• Journal of the Korean Society of Child Welfare
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• no.58
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• pp.47-76
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• 2017

This study aimed to examine how strictly child-related sexual crimes were sentenced in Korea. The target cases of the study included eight cases that were appealed to the Supreme Court between 2000 and 2015. The main findings of the assessment of the eight cases indicated that there were sentences with lower terms than laws regarding sexual crimes against children. While laws should be strictly applied to cases of sexual crimes against children, the level of penalty was found to be relatively generous compared to the applicable laws. In particular, the reason for the crimes, the lack of any history of sexual crimes by the perpetrator, the perpetrator's relationship with the child victim, forgiveness from the children, and regret of the perpetrator were found to reduce sentences. Comparatively, the exploitation of parent status, the accusation of the perpetrator, and the lack of mutual consent were factored in consideration of harsher sentences. The findings suggest that it is necessary to reexamine the levels of sentences related to sexual crimes against children.

• Journal of Legislation Research
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• no.44
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• pp.757-799
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• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• Journal of Korean Society of Transportation
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• v.24 no.2 s.88
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• pp.91-100
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• 2006

This paper examines the situation and tasks of UK rail privatization, especially focusing on after the Hatfield rail accident. Earlier research which focused on the UK's Privatization had little knowledge of the explanations for recent changes. Moreover they had difficulty making a direct comparison between national rail and the privatized rail. Therefore we aye left without a good explanation which has a comprehensive perspective. I attempt to show the change in the rail privatization Process and its outcome, focusing on after the Hatfield rail accident. This Paper argues that the UK's vail privatization process has a regulatory framework which is too complicated with overlapping responsibilities that brought about inefficiency, increasing costs and a superficial safety regime. Especially the planning of rail and infrastructure maintenance did not come to play an appropriate role. However after 2000, the government took charge of setting the strategy for railways, and the Office of Rail Regulation covered safety performance and cost. explain that these changes present a good opportunity to solve the problem of passing the buck for poor performance. Through the analysis, I find that the passenger rail network is well-suited to deliver long distance business and commuters and that the subsidy from the government is decreasing. However, performance, for example punctuality and reliability. should be improved. Especially the Hatfield rail accident caused a reduction in the satisfaction of passengers. In future. the problems of rising costs and monopoly franchise system should be addressed.

• 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.

• Journal of Korean Philosophical Society
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• v.137
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• pp.81-108
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• 2016

In Medieval and Christian history, disputation between Augustine and Pelagius originated from different perspectives regarding the free-will of humans and the grace of God. This debate has continued throughout the Middle-Ages and the Reformation to date. In this regard, the purpose of this article is to investigate the implication of opposition and disputation between Augustine and Pelagius on today's society. Overemphasis on human capacity and free-will leads to humanism, while the arguments supporting the grace of God can encourage evasion of the ethical obligations of humans. Augustine and Pelagius had opposing views on this subject. Pelagius emerged in the Roman Empire, emphasizing the ethical responsibility of humans with free-will. On the other hand, Augustine argued that human nature and free-will had been damaged. With a pessimistic outlook on human capacity, he emphasized the grace of God. Shocked by the self-indulgence and ethical negligence of the Church of Rome which was the center of Christian nations at that time, Pelagius strongly urged Christians of the Roman Church to take moral responsibility. However, the theology of Augustine justified the status quo of the Roman Church while Pelagius focused on the necessity of an ethical life of humans based on free-will. Viewing Pelagius' strict moralism as a humanist view that emphasizes human capacity and action, Augustine showed strong opposition to such a view and instead emphasized God's grace. Pelagius was condemned as a heretic as his belief in free-will did not follow Augustine's Doctrine of Grace. However, Pelagianism penetrated Christian history and still poses a threat to Christianity to date. Societal corruption and depravity is still prevalent in today's society as it was in the time of Pelagius. South Korea for instance is exposed to serious moral corruption and a lack of social responsibility as shown in the sinking of the MV Sewol in April 2014. For those reasons, Christian society emphasizes Christian ethics and requires an honest leader who will set an example of Christian life. In this light, I want to examine the implications of disputation between Augustine and Pelagius on today's society.