• Title/Summary/Keyword: 재판기록

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A Study on the Established Requirements for Records through Precedent Analysis: Focusing on "Inter-Korean Summit Meeting Minutes Deletion" Cases (판례 분석을 통한 기록의 성립 요건 검토: '남북정상회담회의록 삭제' 판례를 중심으로)

  • Lee, Cheolhwan;Zoh, Youngsam
    • Journal of Korean Society of Archives and Records Management
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    • v.21 no.1
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    • pp.41-56
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    • 2021
  • This study aims to analyze the court ruling on "Inter-Korean Summit Meeting Minutes Deletion," identify how the established requirements, concept, and scope for the records prescribed in the Public Records Management Act are applied in actual cases, and summarize the future tasks. It analyzes the "approval theory" as the point of establishment for records by the ruling means and how the meaning of approval is determined, and examines the difference between the e-jiwon System and the On-Nara System to understand the meaning of ruling clearly. Moreover, it analyzes how the "Invalidity of Public Documents Crime" in Article 141 in the Criminal Act influences record management. Based on such comprehensive case analyses, the study proposes what tasks the administrative agencies such as the National Archives of Korea and the Ministry of the Interior and Safety should perform.

The Effect of Investigator's Belief about Veracity of Suspect on Distortions of Paper Records (수사관의 심증이 조서의 왜곡에 미치는 영향)

  • Lee, Hyoung Keun;Jo, Eunkyung;Yi, Mi Sun
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.267-285
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    • 2020
  • The Statement evidence is an important method of proof in the criminal investigation and trial. Under certain conditions set by Korean Criminal Procedure Law, paper records of interrogations are admissible in criminal courts. However, it is shown that distortions are ever-present in paper records. Therefore, this study attempted to examine the effect of the investigator's belief about the veracity of a suspect on distortions of paper records. Ninety police investigators were randomly allocated into one of the three conditions('guilty belief', 'innocent belief', 'neutral belief'), and all the investigators were then asked to document a paper record while watching a prefilmed interrogation interview of the crime. The results showed that (1) the investigator's belief had significant effects on distortions. (2) All groups did more commissions than omissions. (3) matters subject to interrogation also had significant effects on distortions. In the conclusion, implications and limitations of the study were disscussed.

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The First Written Medical Record on Thoracic Surgery in Korean History (한국사 최초의 흉부외과 관련 의학기록)

  • Kim, Won-Gon
    • Journal of Chest Surgery
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    • v.42 no.6
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    • pp.813-820
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    • 2009
  • On Dec 22, 1909, a young patriot called Lee Jae-Myung (1986~1910) attempted to assassinate Lee Wan-Yong, the prime minister of the last Yi Choseon cabinet and he later signed the annexation treaty with imperial Japan. Despite that Lee Jae-Myung failed in this assassination attempt, his heroic deed motivated national pride thereafter. After this attempted assassination, a medical record was prepared about stab wound that was inflicted upon Lee Wan-Yong during the trial of Lee Jae-Myung, and this record included many significant specific descriptions that were concerned with thoracic surgery. They included an intercostal stab wound and intercostal arterial hemorrhage, lung injury, chest contusion, traumatic pleuritis and supposedly pneumo-and hemothorax. Thoracentesis for drainage of the serosanguinous pleural effusion was also mentioned. This medical record is judged to be the first written medical record on thoracic surgery in Korean history. The aim of this study is to analyze the content of the record as it is related with a well known episode in modern Korean history.

A Study on the Records of Presidential Impeachment in 2004 in the Public Domain (공공영역의 2004년 대통령 탄핵사건 기록)

  • Oh, Myung-Jin
    • The Korean Journal of Archival Studies
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    • no.32
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    • pp.45-78
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    • 2012
  • The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.

Expert Testimony in Litigation of Sexual Violence against People With intellectual disabilities (지적장애인 성폭력 사건 재판에서 전문가 참여제도 활용 실태)

  • Yi, Mi Sun
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.1-13
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    • 2021
  • This study analyzed the use of expert reports in the investigations and trials of cases of sexual violence against people with intellectual disabilities. A total of 670 alleged sexual assault cases against victims with intellectual disabilities were analyzed. Results showed that 97.5% of the cases included at least one expert report. In most cases(91%), the expert reports of statement validity assessment were included. Additionally, doctor's note (41.1%) from obstetricians and Psychiatrists, intermediary reports(36%), and expert witnesses(psychologists') reports (9.5%) were included. In 80 cases (44.4%) of the 180 cases in which a victim' statement credibility was in question during the trial, judges cited the expert's reports of statement validity assessment as the basis for the judgment on the reliability of the victims' accusation. The frequency of citing the report was higher when the victim was under the age of 13, or when the defendant was found guilty. Regrading the report content, the evaluations of criteria-based content analysis(CBCA) was most frequently cited, while the victim's psychological status, cognitive limitation, as well as possibile contamination of victim's account, were also mentioned in the ruling statements. Results showed agreement between experts' statement validity assessments and judges' determinations in 79 cases out of the 80 cases Finally, this study discussed ways to utilize expert options.

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Design of XMP-Based Electronic Document Architecture for Electronic Circulation of Litigation Documents (소송문서의 전자적 유통을 위한 XMP 기반 전자문서 구조 설계)

  • Park, Min-Soo;Song, Choong-Geun;Lee, Nam-Young;Kim, Jong-Bae
    • Journal of Digital Contents Society
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    • v.12 no.1
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    • pp.95-105
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    • 2011
  • It has become commonplace to use web-based business process systems in a variety of fields, and electronic litigation is not an exception. In electronic procedures where court records are at the core of the system, the electronic document architecture should be designed in a way that electronic documents are safely circulated and utilized on the web with a consideration of the authentication of records, particularity of cases and document security such as prevention of forgery or falsification. Based on a study of electronic formats suitable for court records, the Extensible Markup Language (XMP) for management of special case information and security requirements for circulation of electronic documents, this paper suggests an adequate architecture for electronic documents designed for electronic litigation involving constitutional matters and looks into cases where such architectures are applied. The studies in this paper will serve as a useful reference for those planning to realize web-based business process that enables exchanges of electronic documents.

The Path Taken by Korean Studies in the U.S. and the Path Korean Humanities Should Take - Youngju Ryu's Writers of the Winter Republic: Literature and Resistance in Park Chung Hee's Korea (미국 한국학이 가는 길, 한국 인문학이 나아갈 길 -유영주(Youngju Ryu), 『겨울 공화국의 작가: 박정희 시대 한국의 문학과 저항(Writers of the Winter Republic: Literature and Resistance in Park Chung Hee's Korea)』)

  • Chong, Ki-In
    • Journal of Popular Narrative
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    • v.25 no.2
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    • pp.279-302
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    • 2019
  • This paper introduces Youngju Ryu's Writers of the Winter Republic: Literature and Resistance in Park Chung Hee's Korea, and examines its significance and limitations. The book examines the relationship between literature and politics during the Park Chung-hee Yushin era, focusing on Yang Sŏng-u, Kim Chi-ha, Yi Mun-gu, Cho Se-hŭi, and Hwang Sok-yong. The books starts by describing the relationship between the U.S. hegemony and the Park Chung-hee regime during the Cold War. The book shows how poets like Yang and Kim fought against the Park Chung-hee regime based on poems, trial records and memoirs, while it describes novelists such as Yi's resistance by how novels envisioned a community against the Park administration based on the keyword "neighborhood." This is significant in that it describes how literature from the Park Chung-hee era was able to stand on the front lines against the regime. However, it is regrettable that because the book adopts a heroic tale to describe their lives and literature, these are illuminated in a somewhat flat way. Also it is noteworthy that the lives and works of novelists after the 2000s were illuminated, but Yang and Kim's life and literature were not described. Furthermore, it is regrettable that women writers were not mentioned and its concept of "politics" is rather shallow. Overall, this book is very significant in that it introduces the relationship between Korean literature and politics in the Korea of the 1970s with rich data and a beautiful style, as well as allowing Korean studies researchers to reflect on the future of Korean studies.

A Study on Japanese Architectural Craftsmen and Tools in the Constructions of Choryang-weagwan - Focusing on the Repair of Dongwan-samdaechung in 1727 - (1727년 초량왜관(草梁倭館) 수리(修理)의 일본(日本) 장인(匠人)과 도구(道具)에 관한 연구 -대마도종가문서(對馬島宗家文書) "관수옥(館守屋).시대청(市大廳).재판가(裁判家) 수리기록(修理記錄)"을 중심으로-)

  • Chung, Ye-Jung;Seo, Chi-Sang
    • Journal of architectural history
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    • v.16 no.5
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    • pp.21-40
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    • 2007
  • Choryang-weagwan which was the largest international trading place between Joseon Dynasty and Tokugawa Shogunate had been maintained from 1678 through 1872 in Busan. Particularly, they had 21 times repairing constructions for 200 years since its establishment. It is noticeable that Joseon Dynasty permitted Tokukawa Shogunate to construct main pavilions and guesthouses as his style due to the good-neighbor policy between two countries, and Tokukawa Shogunate struggled to achieve his own culture in that place under the supervision of Joseon Dynasty. For satisfying his needs, the architectural craftsmen of Tokukawa Shogunate were mobilized by the chief of construction company which was called kumi-gasira in the most of cases. When they came to Busan for the construction, they brought their own architectural tools. On the one hand, the carpenters and workers of Joseon Dynasty were organized by the traditional construction superintendents which were called Gamdong-gwan and they had to carry out their responsibilities with Japanese technicians at the same workplace. Judging from this fact, the construction site of Weagwan was the good place for exchanging the architectural technology between two countries. This study especially focuses on Tokukawa Shogunate craftsmen who made the repairs of Dongwan-samdaechung in 1727 such as carpenters(Dai-ku), sawyers(ko-biki), and surveyors(Tsue-tsuki) and their tools such as Hatsuri(=Masakari) and Yo-ki(=Oh-no). The constructions in this period, there were not only the repairs of 3 major pavilions including the trading center, but also one of the most active repairing constructions comparing with other period, therefor these were important constructions to shows us repairing construction of Choryang-weagwan of those days.

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Epigraph Reading by Photographic Reading Techniques - Focused on Pyeongwangtapbi Monument of Seonggak Daesa - (사진 탁본 기법을 이용한 금석문 판독 - 무위사 선각대사편광탑비를 중심으로 -)

  • Jang, Seon Phil;Hahn, Sang June
    • Korean Journal of Heritage: History & Science
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    • v.44 no.2
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    • pp.58-75
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    • 2011
  • This study aimed to demonstrate that photographic reading can be used to decipher epigraphs more effectively and accurately than conventional rubbing of epigraphy. When using the rubbing technique, the reading rate varies for the each epigraph depending on the time, person, and rubbing method. Thus, we compared the results of conventional rubbing to photographic reading focusing on unread and misread letters. According to the results, some letters were different from those in the reference books, and some letters that could have been readable via photographic reading were misread or read as different letters. In its undamaged state, the Pyeongwangtapbi Monument of Seonggak Daesa is supposed to contain a total of 2,049 letters, and 1,763 of them have been deciphered. This study corrected a total of 308 letters that had not been deciphered or deciphered inconsistently in existing literatures. However, it should be noted that the epigraphs of the Pyeongwangtapbi Monument of Seonggak Daesa read using the rubbing technique were made at least 30-100 years ago, and the photographic reading was performed in 2010. Thus, the overall condition is not perfectly identical. If we read and compare in the same condition, we may obtain even more reliable results. Therefore, based on this study of photographic reading, further studies regarding the correction of the contents of epigraphy should be performed.

The Jurisdictional Precedent Analysis of Medical Dispute in Dental Field (치과임상영역에서 발생된 의료분쟁의 판례분석)

  • Kwon, Byung-Ki;Ahn, Hyoung-Joon;Kang, Jin-Kyu;Kim, Chong-Youl;Choi, Jong-Hoon
    • Journal of Oral Medicine and Pain
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    • v.31 no.4
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    • pp.283-296
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    • 2006
  • Along with the development of scientific technologies, health care has been growing remarkably, and as the social life quality improves with increasing interest in health, the demand for medical service is rapidly increasing. However, medical accident and medical dispute also are rapidly increasing due to various factors such as, increasing sense of people's right, lack of understanding in the nature of medical practice, over expectation on medical technique, commercialize medical supply system, moral degeneracy and unawareness of medical jurisprudence by doctors, widespread trend of mutual distrust, and lack of systematized device for solution of medical dispute. This study analysed 30 cases of civil suit in the year between 1994 to 2004, which were selected among the medical dispute cases in dental field with the judgement collected from organizations related to dentistry and department of oral medicine, Yonsei university dental hospital. The following results were drawn from the analyses: 1. The distribution of year showed rapid increase of medical dispute after the year 2000. 2. In the types of medical dispute, suit associated with tooth extraction took 36.7% of all. 3. As for the cause of medical dispute, uncomfortable feeling and dissatisfaction with the treatment showed 36.7%, death and permanent damage showed 16.7% each. 4. Winning the suit, compulsory mediation and recommendation for settlement took 60.0% of judgement result for the plaintiff. 5. For the type of medical organization in relation to medical dispute, 60.0% was found to be the private dental clinics, and 30.0% was university dental hospitals. 6. For the level of trial, dispute that progressed above 2 or 3 trials was of 30.0%. 7. For the amount of claim for damage, the claim amounting between 50 million to 100 million won was of 36.7%, and that of more than 100 million won was 13.3%, and in case of the judgement amount, the amount ranging from 10 million to 30 million won was of 40.0%, and that of more than 100 million won was of 6.7%. 8. For the number of dentist involved in the suit, 26.7% was of 2 or more dentists. 9. For the amount of time spent until the judgement, 46.7% took 11 to 20 months, and 36.7% took 21 to 30 months. 10. For medical malpractice, 46.7% was judged to be guilty, and 70% of the cases had undergone medical judgement or verification of the case by specialists during the process of the suit. 11. In the lost cases of doctors(18 cases), 72.2% was due to violence of carefulness in practice and 16.7% was due to missing of explanation to patient. Medical disputes occurring in the field of dentistry are usually of relatively less risky cases. Hence, the importance of explanation to patient is emphasized, and since the levels of patient satisfaction are subjective, improvement of the relationship between the patient and the dentist and recovery of autonomy within the group dentist are essential in addition to the reduction of technical malpractice. Moreover, management measure against the medical dispute should be set up through complement of the current doctors and hospitals medical malpractice insurance which is being conducted irrationally, and establishment of system in which education as well as consultation for medical disputes lead by the group of dental clinicians and academic scholars are accessible.