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

• Journal of Digital Convergence
• /
• v.13 no.5
• /
• pp.21-29
• /
• 2015

The emergence of the internet causes the electronic trade of movies, music, software and other digital content products to be an eminent share of international commerce. The purpose of this study is to examine legal issues of electronic commerce chapters of the Korea US FTA and tasks of the digital contents industry. Results of the study show that several implications based on the industry are offered. The Korean government needs to do the following: settle of classification issue in digital contents, settle of customs issue in digital contents, settle of issue of non-discrimination principle in digital contents, settle of exclusion issue in audiovisual services, improve of global competitiveness, unify of export support system, establish of overseas expansion strategy in genre and regional contents, train of global experts and protect of intellectual property in digital contents.

• Korean Journal of Social Welfare Studies
• /
• v.41 no.3
• /
• pp.241-269
• /
• 2010

The purpose of this study is to examine the arguments about the conceptualization and the assessment of mental capacity and legal competence concerning the adult guardianship. Based on these literature reviews, the author analysed Mental Capacity Act 2005 of United Kingdom. The act conceptualizes legal competence as a concept dependent on a specific decision, time, and environmental support or convenience. According to the act, the assessment of the legal competence shall be made with ensuring the person all the viable supports and environmental conveniences. And it appears that the hierarchical assessment system of the act assures that the more the decision is important the more professional and more formal assessment shall be used. Based on these findings the author suggested several implications for the legislation of a new adult guardianship act in Korea.

• Korean Journal of Construction Engineering and Management
• /
• v.21 no.1
• /
• pp.40-49
• /
• 2020

This study analyzed the factors affecting the ruling of litigation on the housing reconstruction and housing redevelopment project based on the cross analysis and logistic regression analysis. According to cross analysis result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no ownership or association member status, double lawsuit, abuse of lawsuit right·litigation trust, existence of claim-preclusion, no standing to sue·no standing to be sued, lapse of litigation period, no legal interest, no own defect of approval. On the other hand, the offensive cause of action group was found to have no significant variable. According to logistic regression result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no standing to sue·no standing to be sued, no ownership or association member status, double lawsuit, no own defect of approval, abuse of lawsuit right·litigation trust, existence of claim-preclusion. Meanwhile, the offensive cause of action group was showed significant in only one variable that was defect in relation with articles of association. Overall, it is noteworthy that the offensive cause group showed very low significant results compared with the defensive process prerequisite group.

• Journal of Korea Game Society
• /
• v.19 no.1
• /
• pp.135-146
• /
• 2019

World Health Organization reveals its plan for listing 'Gaming Disorder' on the 11th International Disease Codes (ICD-11) in 2018 and it opens hot debate among scholars on its validity and timeliness. Korea, however, seems to have avoided the issue without appropriate academic refutation. In this paper, we review past academic studies related to game addiction or disorder focused on their validity of disorder measurement tools, research designs and the effect of neuroimaging studies. This analysis reveals that excessive use of gaming is not sufficient to register it as a disease and there is a risk of stigmatizing healthy gamers.

• Journal of Science Education
• /
• v.47 no.1
• /
• pp.11-23
• /
• 2023

In this study, we examined the effect of socioscientific issue (SSI) based science lessons on underachieving 9th-grade students. A total of seven lessons centered on two SSIs related to the national science curriculum were developed and implemented during the first semester of 2021. Data were collected from 185 9th-grade students in one middle school in a mid-sized city of South Korea. Among them, 37 were identified as achieving far below the standards (underachieving students hereafter). Quantitative data were collected from pre- and post-tests on basic science content and attitudes and competency measures. To supplement quantitative data, lesson observation notes were recorded, and student interviews with a selected number of students were conducted. The analysis of quantitative data was conducted through the Wilcoxon Signed Rank Test and paired t-tests. Qualitative data were analyzed to find reasons for changing attitudes. The findings showed that the SSI-based lessons were more effective on underachieving students than the others in enhancing basic academic achievement, while there was no significant effect on all in attitudes and competency. Lesson observation data showed that underachieving students were more engaged in SSI-based lessons than before. Student interviews demonstrated several reasons why they were engaged, suggesting the aspects of SSI-based lessons that facilitated underachieving students' learning. Further research topics are suggested.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.41-68
• /
• 2011

This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

• Journal of the Korea Institute of Building Construction
• /
• v.10 no.1
• /
• pp.111-120
• /
• 2010

The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

• Proceedings of the Korean Society of Computer Information Conference
• /
• 2013.07a
• /
• pp.155-158
• /
• 2013

사회 전반에 의료의 다원화 혹은 다변화를 요구하는 열망이 높아져 가고 있다. 이는 '대체의학'의 도입과 직결된 문제라 할 수 있다. 본 연구에서는, 최근 법률정보에 따르면 헌법재판소의 의료법에 대한 합헌결정으로 불거진 대체의학의 제도화 움직임을 시작으로 향후 대체의학의 제도화 모델을 결론으로 그 내용을 담았다. 이는 대체의학을 '왜' 도입하여야 하는 가의 논의단계를 지나 '어떻게' 대체의학을 도입할 것인가의 문제로 논의의 방향성을 제시함과 동시에 선행연구들을 면밀히 분석하여 재조명하므로 써 지금까지 축적되어온 연구 자료들을 충분히 고찰 하고자 하였다. 헌법재판소 판결 및 대법원 판례를 바탕으로 대체의학으로 야기되는 법적 쟁점 사항을 분석하고 대체의료행위가 제도화 되기 위한 선결요건을 도출하였다. 또한 무분별하게 사용되고 있는 대체의학에 관한 용어 사용을 재정립하고 향후 대체의학을 공인화 한다면 그 방법은 어떻게 되어야 하는지 그 방안을 제시, 방안 별 장단점을 분석하였다.

• Korea Trade Review
• /
• v.43 no.6
• /
• pp.25-50
• /
• 2018

It is an undeniable fact that the counter-guarantees are always exposed to wrongful or fraudulent demands for payment due to its institutional hallmarks and simplicity. Generally counter-guarantees are payable by presenting a written statement indicating that the local guarantor was in receipt of the beneficiary's statement that the principal was in breach of the underlying contract without any proof of any default. No proof of actual payment of guarantee is required. These matters may lead to numerous disputes or conflicts between the parties concerned. These problems raise may legal issues such as a guarantor(or a counter-guarantor)'s dishonor, the wrongful or fraudulent demands for payment, and the fraudulent conspiracy or the acquiescence of the local guarantor in the course of the procedural demand for payment. On the other hand, the guarantor's dishonor or an injunction are sometimes misused as dispute resolution method between parties involved. Therefore, this research analyzed the guarantor's wrongful dishonor and related issues such as an injunction, fraud exception, and others under the counter-guarantee regime focusing on the relevant cases. This paper also suggested practical implications and countermeasures from a business point of view.