• Title/Summary/Keyword: 재판

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초대석 남중수 KT사장

  • Gwon, Gyeong-Hui
    • Digital Contents
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    • no.10 s.149
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    • pp.24-25
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    • 2005
  • 남중수 KT 사장은 지난달 7일 서울 프레스센터에서 취임 후 첫 기자간담회에서 민영 2기 KT의경영기조로내세운‘ 원더(Wonder) 경영’을전면에내세우며특유의경영론을밝혔 다. 남사장은실제로이날‘ PCS 재판매시장점유율6.2% 동결’, ‘ 국내1위영화사인싸 이더스지분출자를통한디지털콘텐츠시장진출’등획기적인경영목표들을발표했다.

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선박충돌 원인제공비율 산정제도에 관한 고찰 -전문가 설문조사분석을 중심으로

  • Kim, Tae-Gyun;Hong, Seong-Hwa
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2012.06a
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    • pp.180-182
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    • 2012
  • 선박충돌사고 원인의 제공 정도를 밝혀 해양사고를 재발방지를 목적으로 1999년 2월 "선박충돌사고 원인제공비율 산정제도"를 마련하였으며, 2007년 1월 원인제공비율 산정지침을 제정하여 시행해 오고 있다. 이 제도의 또 다른 도입목적은 해양안전심판원의 원인제공비율을 민사재판에서 사법부가 적극 인용함으로써 해양사고관련자들 간의 신속한 분쟁해결과 경제적 부담 감송 등에 기여함에 있다. 그러나 민사소송에 있어 제공된 원인제공비율이 과실비율로 인정되는 등의 이유로 원인제공비율 산정제도가 사법권의 침해하고 있다는 문제점도 지적되고 있다. 따라서 본 연구에서는 원인제공비율 산정제도의 시행 이후 이 제도의 시행자 및 사용자 등 전문가 집단을 대상으로 설문조사를 실시하여 제도의 효과 및 문제점 등을 분석하였다. 전문가 집단 응답자의 대부분이 제도의 필요성 (94.3%), 유용성 (88.6%) 및 신뢰성 (73%)을 피력하고 있는 것으로 나타났다. 그리고 이 제도가 필요한 이유로는 "손해배상분쟁의 신속한 해결", "충돌사고 재발방지", 그리고 "이해당사자의 편의제공" 때문임을 알 수 있었다. 그러나 제도의 개선을 위해서는 원인제공 비율의 표시에 있어 보다 객관적인 기준과 정량성 및 전문성의 확보가 필요하다는 지적도 확인하였다. 따라서 원인제공비율 산정제도의 개선방안으로 원인제공비율산정에 대한 신뢰성 및 공정성의 확보, 심판관에 대한 법률적 지식과 법적 소양강화 및 전문법조인의 심판관으로의 영입 등이 필요하다고 판단된다.

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The restriction of jurisdiction on foreign government ships as a threatening factor on maritime security (해양안보 위협요인으로서의 타국 정부선박에 대한 관할권 제한)

  • Lee, Min-Hyo
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.14 no.7
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    • pp.1729-1736
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    • 2010
  • Government ships, the ships owned by a state and operated for non-commercial purposes (hereinafter, government ships) are entitled to sovereign immunity. In accordance with sovereign immunity under traditional international law, states enjoy immunity from the jurisdiction of courts of another state. Sovereign immunity is the general principle accomplished through judicial cases and international treaties since the 19th century. The problem is that the restriction of jurisdiction on foreign government ships in Korean jurisdictional waters is a considerable threatening factor on the maritime security situation. In spite of dubious intention of foreign government ships, the counter measures should be limited because of sovereign immunity.

A Study on the Chain of Custody for Securing the Faultlessness of Forensic Data (포렌식 자료의 무결성 확보를 위한 수사현장의 연계관리 방법 연구)

  • Lee, Gyu-An;Shin, Young-Tae;Park, Dea-Woo
    • KSCI Review
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    • v.14 no.2
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    • pp.225-234
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    • 2006
  • Computer Forensics functions by defending the effects and extracting the evidence of the side effects for production at the court. Has the faultlessness of the digital evidence been compromised during the investigation, a critical evidence may be denied or not even be presented at the trial. The presented monograph will deliberate the faultlessness-establishing chain procedures in disk forensics. system forensics, network forensics, mobile forensics and database forensics. Once the faultlessness is established by the methods proposed, the products of investigation will be adopted as a leading evidence. Moreover, the issues and alternatives in the reality of digital investigation are presented along with the actual computer forensics cases, hopefully contributing to the advances in computer digital forensics and the field research of information security.

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A Study on Application of Summary Procedure in Case of Software Appraisal (소프트웨어 감정의 간이절차 활용 논의에 대한 검토)

  • Kim, Si-Yeol;Kang, Yoon-Soo
    • Journal of Software Assessment and Valuation
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    • v.15 no.2
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    • pp.25-33
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    • 2019
  • In copyright dispute on software, appraisal procedure is needed, which is regarded as an implementation of the right to fast trial. Considering that, in practice, there has been a long discussion of attempting to operate the software appraisal as a summary procedure. This was done usually by reducing the resources devoted to the summary procedure, however, this way inevitably makes difference in a result obtained through the procedure. Therefore, this research reviewed the previous operation of summary procedure in software appraisal, focusing on intrinsic nature of the summary procedure and role of software appraisal in the trial process.

Status of Interchange of Medical Imaging in Korea: A Questionnaire Survey of Physicians (영상정보교류 실태 파악을 위한 의사 설문조사)

  • Choi, Moon Hyung;Jung, Seung Eun;Kim, Sungjun;Shin, Na-Young;Yong, Hwan Seok;Woo, Hyunsik;Jeong, Woo Kyoung;Jin, Kwang Nam;Choi, SeonHyeong
    • Journal of the Korean Society of Radiology
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    • v.79 no.5
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    • pp.247-253
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    • 2018
  • The purpose of this study was to summarize the results of a survey for physicians with specialties other than radiology about imaging studies of patients referred from other institutions. The survey was promoted through individual contacts or social network service and physicians who voluntarily responded to the survey were the subjects of the study. The questionnaire consisted of 11 questions about basic information and referrals about medical imaging. A total of 160 physicians from 30 specialties participated in the survey and 95.6% of the respondents worked in tertiary care center or general hospital. Patients were frequently referred with outside medical images. The most frequently referred imaging modalities were computed tomography and magnetic resonance imaging. However, radiological reports from outside institutions were rarely referred. Most physicians thought that reinterpretation for outside imaging is necessary to acquire a secondary opinion. In conclusion, considering that outside radiological reports are frequently missing and there are high demands on reinterpretation for outside imaging, guidelines for referral of radiological reports with medical imaging, basic elements of radiological reports, and reinterpretation need to be developed.

An Effect of the Jury Instruction Procedure on The Level of the Threshold for the Decision to Convict (유죄판단 역치에 대한 배심설시 절차의 효과)

  • Yoori Seong;Kwangbai Park
    • Korean Journal of Culture and Social Issue
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    • v.21 no.3
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    • pp.497-510
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    • 2015
  • The jury instruction consists of a set of legal rules and provides a guide for jurors to interpret evidence and the legal standard of a proof beyond reasonable doubt. Jury instructions are usually given after the closing arguments (at the end of the trial). But some research has shown that jury instruction provided before the evidence may have an impact on verdict. The present study was to determine the cognitive process caused by early instruction: (1) Early instruction may influence the verdict by upwardly adjusting the threshold for the decision to convict; (2) early instruction may influence the verdict through evaluations of the probative values of evidence; (3) Or both. 187 people older than 20 years of age participated in the on-line survey. With a trial scenario, one independent variable, Instruction Procedure, was manipulated in three levels: before-and-after the evidence procedure, after-only evidence procedure, and no-instruction procedure. The instruction procedure conditions did not show any difference in the evaluation of the probative values of evidence. On the other hand, before-and-after condition showed the lowest rate of guilty verdict and the highest probability of guilt for the defendant in the scenario. This latter result clearly suggested that the instruction procedure affects the decision threshold. Specifically, instruction provided twice, once before and again after the evidence, may upwardly shift the threshold for the decision to convict.

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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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The Political Recognition Surrounding Candlelight Rally and Taegeukgi Rally: A Big Data Analytics on Online News Comments (촛불 집회와 태극기 집회를 둘러싼 정국 인식: 온라인 뉴스 댓글에 대한 빅데이터 분석)

  • Kim, ChanWoo;Jung, Byungkee
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.6
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    • pp.875-885
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    • 2018
  • This study analyzed the major issues of the Candlelight Rally and Taegukgi Rally registered in news comments of the politics section of the portal site from October 24, 2016 to March 19, 2017. We examined the political recognition of the two rallies with the Named Entity Recognition. The main analytical items are the responsibility for impeachment, the subject and method of settlement, and other major issues. As a result of the analysis, the comments of the Candlelight Rally focused on the impeachment support and the legal penalties of the regime ministers, and insisted on resolving the political situation through the next election after impeachment. The comments of the Taegukgi Rally focused on the rejection of the impeachment to maintain the regime and insisted on rejecting the impeachment of the Constitutional Court. The conflicts between the group that supported Candlelight Rallis and the group that supported Taegukgi rallies are predicted to last at least for the time being (Park Geun-hye's trial period) after the presidential election. After the impeachment of the President and replacement of the regime this conflict will develop into the confrontation between the pursuit of liquidation and new politics and the attempt to influence the trial of Park Geun-hye. Therefore, the efforts to integrate society in the aftermath are necessary.