• Title/Summary/Keyword: 입증부담

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Level-Learning System Using Keller's PSI in U-Learning Environments : Focused on Underachiever (Keller의 PSI를 활용한 u-러닝 환경의 수준별 학습 시스템 : 학습 부진아를 중심으로)

  • Kim, Yeon-Jung;Jun, Woo-Chun
    • 한국정보교육학회:학술대회논문집
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    • 2008.01a
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    • pp.263-268
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    • 2008
  • 학교의 학습 과정에 있어서 학습자 간의 학습 능력의 차이는 존재하며 이를 해결하기 위해 교육과정에서는 개별 학습과 수준별 학습을 권장한다. 유무선 인터넷을 통한 수준별 학습은 최근에 많은 연구가 되고 있는 u-러닝(Ubiquitous Learning) 환경에도 부합하며 학습자 개개인이 자신의 속도와 수준에 맞게 자기주도적으로 학습을 하기에 알맞은 방법이라 할 수 있다. 이에 본 연구에서는 학습자가 시간과 공간에 구애받지 않고 자율적으로 수준에 맞게 학습할 수 있는 수준별 학습 시스템을 설계하였다. 특히 시스템에 체계성을 더하기 위해 개별화 학습 체제 중에서 과거 많은 연구를 통해 그 효과성이 입증된 Keller의 PSI(Personal System of Instruction) 이론을 활용하여 시스템의 각 과정을 설계하였다. 본 시스템의 장점은 다음과 같다. 첫째, 학습자가 원하는 시간과 공간에서 자신의 속도에 맞게 학습할 수 있으므로 자기주도적인 학습 능력을 기를 수 있다. 둘째, 시스템 구성상 평가를 통해 일정한 기준에 미달하면 목표에 도달할 때까지 계속 학습하고 도전해야 하므로 궁극적으로 완전학습에 도달할 수 있다. 셋째, 제한된 교실 상황에서 벗어나 온라인에서의 학습 지원이 가능하므로 학습자의 개인차에 따른 수준별 학습을 관리하고 책임져야 하는 교사의 부담을 덜어준다.

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A Study on the Interpretation Trend of Current Cases for Warranty in U.S.A (미국의 Warranty 제도와 관련된 판례동향 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.101-109
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    • 2010
  • Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

Development of HTMLtoVTML Conversion Agent using Embedded Text and Priori Structural Knowledge (내장 문자와 사전 구조 지식을 이용한 HTMLtoVXML 변환 에이전트 개발)

  • Jang, Young-Gun
    • The KIPS Transactions:PartD
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    • v.10D no.2
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    • pp.343-350
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    • 2003
  • This paper presents a new agent which convert HTML contents to VXML contents automatically for voice services via web. In this paper, I propose an interactive hybrid sequential contents selection method to select desired contents fast and robustly from known web pages. It uses real time structural features as well as embedded text and/or priori structural knowledge such as link symbol position. To verify its effectiveness, a full agent system is implemented and tested. The method reflects user intention more accurately than conventional selections using structural features and is more robust to variations of HTML programming techniques. The agent is fast and has less computational burden than methods use XML or XHTML conversion as intermediate stage.

Design and Implementation of the SOHO CRM using IP PBX (IP PBX를 이용한 소형 CRM 설계 및 구현)

  • Han-Jin Cho
    • Smart Media Journal
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    • v.13 no.2
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    • pp.122-128
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    • 2024
  • Today, many companies are using CRM as a means to secure sales opportunities, improve sales pipelines, and increase customer satisfaction. CRM like this improves the quality of corporate management by understanding customer behavior patterns and utilizes the process of change in the organization's work procedures and technology for marketing, sales, and customer service. In this study, we designed and implemented a small CRM using IP PBX to enable small and medium-sized businesses to introduce CRM without economic burden and measured its performance. As a result, we found a small customer management system (SOHO CRM) has proven its performance.

A Study on Compensation for Damage in Civil Litigation of Japanese Long-term Care Facilities (개호사고에서 손해배상책임에 관한 연구 -일본의 판례를 중심으로-)

  • Jeong, Da-Young
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.173-207
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    • 2018
  • Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.

Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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A Study on the Charge of Using the Internet Network - Focusing on U.S. Internet History and Charter Merger Approval Conditions Litigation - (인터넷 망 이용의 유상성에 대한 고찰 - 미국 인터넷 역사 및 Charter 합병승인조건 소송 중심으로 -)

  • Cho, Dae-Keun
    • Journal of Internet Computing and Services
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    • v.22 no.4
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    • pp.123-134
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    • 2021
  • This paper suggests that the Internet is not free through analysis of U.S. Internet history and lawsuits related to the Charter merger in 2016. Generally speaking, the players in internet connectivity market agree to Non-Disclosure Agreement, when connecting their facilities and networks each other. So, I adopted the case study & analysis as research methodologies due to limitation of collecting the transaction data between them. The former finds that Internet access has never been free in U.S Internet history. As we know, some including Content Providers(CPs) argue that the Internet is a free network and there are many cases to use the internet for free, so they came to conclusion that ISPs have no right to charge the users like CPs. This study refutes these arguments in two ways. One is that using the internet has never been free. From ARPANET, known as the beginning of the U.S. Internet, to the commercialization of backbone, no Internet has been considered or implemented for free since the early Internet network was devised. Also, the U.S government was paying subsidies or institutions were paying fees to secure network operations for the NSFNET backbone. the other is that "free peering" refers to barter transactions between ISPs, not to free access to counterpart internet networks. Second, this study analyze the FCC' executive order of conditioned merger approval and the court's related ruling and verify that using the internet is not free. According to the analysis, this study finds that it's real situation to make paid settlements between ISP-CPs (including OTTs) in the US Internet market at the moment. This study concludes that the Internet has never been free in terms of its technical characteristics, network structure, network operation, and system. Also it proposes how to improve the domestic settlement system between ISPs-CPs in terms of policy and regulation.

The Liability Regime of the Air Carrier under the National Legislation of Korea by Adopting the Montreal Convention (몬트리올 협약을 수용한 한국의 국내 입법상 항공운송인의 책임제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.3-27
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    • 2012
  • The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

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A Study on the Improvement of Health Damage Relief Regulation due to Environmental Hazardous Factors (환경유해인자로 인한 건강피해 구제제도의 개선방안에 관한 고찰)

  • Baek, Woonsuk;Shim, Younggyoo
    • Journal of Environmental Policy
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    • v.12 no.1
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    • pp.75-100
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    • 2013
  • Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

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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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