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Der Vollrauschtatbestand de lege ferenda (완전명정죄 처벌규정의 입법론)

  • Seong, Nak-Hyon
    • Journal of Legislation Research
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    • no.55
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    • pp.137-166
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    • 2018
  • Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

Korean nation-centralism and Confucianism(I) - the reflection of controlled modern rationality (한국의 국가 중심주의와 유교(I) - 통제적 근대 합리성에 관한 성찰 -)

  • Lee, Sang-bong;Rhee, Myung-su
    • The Journal of Korean Philosophical History
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    • no.28
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    • pp.237-266
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    • 2010
  • This thesis is to check whether the modernization, promoted mainly in 1960-1970 of Korea may have the relations with Confucian values or have a gap between this and that, and have the question about the idea of the appearance of modernity under Park Jung-hee's government, which is based on the viewpoint that Confucianism would have been made ill use of or have contribution to the nation-directing modernity, especially to the modernization of people. In a sense this thesis demands the overcome of the modern ills such as social dichotomy, leaving out matters of locals, and neglecting the diversities and singularities of creatures, resulted from efficiencies and uniformity caused by nation-centralism. At first Confucianism have represented humanism with a view to finding the mean between the two of locals, affairs, and men. As such it has seek to find centrality, which means my real mind for meeting outward things or the optimum as the mean, the best state between of the two. The political doctrines modified from Confucian learnings including chung, hyo, samgang, and oryun worked as the mechanism for finding nation-directing modernity. As a result we have lived in the modernity, strengthened by nation-centralism. And the leading concepts in related with Neo-Confucianism had people lose their spaces of desire for their own future or got them to be narrow. Accordingly the modernization of Korea means not an integral space in which we can achieve what we want in various aspects, but a deficient space to be complemented, resulted from the centralization of all conditions of life, dichotomous way of approaching matters by nation-centralism, far from being the essence of Confucianism. In the end the rapid modernization by the leaders in Korea has given rise to the concentration politics, economy, and so forth on Seoul as the center. Then we should deeply reflect the deficiency state of centralism like this and how Confucianism would have been responsible for it and will give how to relieve the unequal centralism of nation. Now for this matter we would like to expect our study in the future.v

An Analysis of Preservice Teachers' On-line Discussion Based on Social Constructivist Learning Theory (사회적 구성주의 학습이론에 기초한 예비 교사의 온라인 토론 분석)

  • Cha, Jeongho;Noh, Taehee
    • The Journal of Korean Association of Computer Education
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    • v.8 no.1
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    • pp.13-23
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    • 2005
  • In this study, messages from on-line discussions of 28 preservice teachers were analyzed based on social constructivist learning theory. After preliminary discussion session for a week, small group discussions were conducted every single week with different topics during 4 weeks. One transcript with most frequent messages in each topic was selected, and a total of 72 messages were analyzed. Discussion topics were the issues related to the nature of science. The Interaction Analysis Model for Examing Social Construction of Knowledge in Computer Conferencing was used for the analysis. Analysis of the messages indicated that 'sharing information' was the most frequent, and that 'discovering/exploring dissonance' and 'negotiation of meaning/co-construction of knowledge' were the nex. However, messages of 'testing and modification of proposed synthesis' and 'testing and application of newly constructed meaning' were found to be rare. This result indicated that students' interaction through on-line discussion did not reach to the social construction of knowledge.

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Puzzles of Propositional Attitudes:Zalta's Eclectic Solution (명제 태도의 퍼즐들:Zalta 의 타협안)

  • WoosukPark
    • Korean Journal of Cognitive Science
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    • v.6 no.1
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    • pp.31-46
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    • 1995
  • According to the Fregean theory of meaning based on the distinction between sense and reference,the cognitive significance of coreferential names may be distinct or The so-called direct reference theorists. however,claim that unamhbiguous,coreferential names.which have the same denotation from context to context, must have the same cognitive significance.Thereby,Fregean senses,counted as intermediate entities that determine the denotation of a term,are altogether rejected.Once Fregean senses are rejected.however,it is hard to explain why the substitytivity of coreferential names fails in the contexts of propositional attitudes.Thus,the puzzles of propositional attitudes have been the stumbling block for direct reference theorists. Recently, Zalta claimed that by small amendation it is possible to reconcile the conflicting views of Fregeans and the direct reference theorists without losing their important insights.Indeed, he claimed that his suggestion admirably solves the propositional puzzles.In this article,we shall critically examine his eclectic solution only to highlight some of the more basic issues.

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A Research on Development of Social Program for Migrant Women: considering EU experiences (유럽연합의 경험을 통한 이주여성 사회프로그램 개발 방안에 대한 연구)

  • Han, Jeong-Won
    • Journal of Digital Convergence
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    • v.13 no.12
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    • pp.41-46
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    • 2015
  • In spite of increasing women migrants, proper social programs based on human rights are hardly found. In this paper, with the implication of 'diaspora', the essential term of multi-culturalism from the perspective of migrant women is briefly discussed. Also, social programs for migrant women are suggested through looking into the experiences of EU. EU policies and social programs are reorganized through data analysis and policy contents analysis. EU has longer history of immigration, and has provided the proper and long-term programs to accept migrant women as the qualified social member. EU social programs are based on the principles of non-discrimination, full employment, human rights and citizenship. Social programs should imply long-term inclusive policy for migrants, and help migrants to experience empowerment in the society. By looking into some examples of social programs of employment, education and general knowledge, useful social programs are to be suggested.

A study of the Infantry Backpack System for Portability and Mobility Performance (보병용 배낭의 휴대 및 이동 성능에 관한 연구)

  • Chung, SungHak
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.3
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    • pp.155-161
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    • 2014
  • The objective of this study is to weight analysis portable backpack system of infantry weapon systems for ergonomic design in manual materials handling tasks. For the product design, we analyzed the ergonomic guidelines and status of similar weapon systems by comparing the efficient operation performance provide for the basic data. Result of this study, the relationship between portability and mobility presented for schematic. In the short distance of the short biomechanical criterion, 1-2 hours in the middle of moving psychophysical criterion, 4 hour or more long-distance criterion applied for the physiological criterion for easy of trade-offs that need to be considered. This study suggests for 4 research items for infantry backpack system in manual materials handling tasks. Throughout the result of anthropometric populations, the 5%tile body weight for -0.91kg but 95%tile in 34.17kg considered to be margin for free, easy and efficient operation for the weight margin between portability and mobility in manual materials handling tasks.

The Pursuit of Value and Rationalization of Management of Consumer's Coopertive Association at Kwangju, Korea (안전한 먹거리 지키기와 경영합리화의 사이에서 - 광주 빛고을아이쿱생활협동조합의 사례를 중심으로)

  • Hong, Sung Heup
    • Journal of the Economic Geographical Society of Korea
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    • v.22 no.4
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    • pp.526-538
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    • 2019
  • This study aims to understand history and adaptive strategies of Bitgoul iCOOP Consumer's Coopertive Association(BCCA). BCCA have twofold identity as civil society organization and economic management organization. Going through several ups and downs from the founding up to now date, BCCA has adapted successfully. The numbers of association member have steadily increased and activity areas have extended consistently. Moreover united activity with local civil society have expanded both quantitatively and qualitatively. These success results from store business which stated from 2008. But maintaining successful management conditions, the numbers of association member should increase steadily and staff organization have grown in size. At the results, BCAA have been bureaucratized and recruitment of core staffs is difficult more and more.

The Origin and Philosophy of the "Northerners School(北人)," and their Perception of the world (북인(北人) 학파의 연원과 사상, 그리고 현실인식)

  • Shin, Byung Ju
    • The Journal of Korean Philosophical History
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    • no.32
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    • pp.43-78
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    • 2011
  • The two schools which eventually came to form the "Northerners party" in the middle period of the Joseon dynasty, were Nam'myeong school and Hwadam school. Nam'myeong's philosophy, which emphasized the importance and merit of acting upon respect and righteousness(敬義), encouraged many people to organize righteous militias during the war with the Japanese in the 1590s, and when Jeong In-hong established himself as the leader of the Northerners party during the reign of King Gwang'hae-gun, the philosophy of the party and the school continued to thrive. Also, Hwadam's philosophy, which tried to understand Neo-Confucianism from a flexible point of view and demonstrated a level of openness toward it, had a considerable influence upon the Northerners school as well. It seems Nam'myeong Jo Shik and Hwadam Seo Gyeong-deok were the ones who ultimately enabled the Northerners party to be more active in their operations of the government and also to approach more freely toward the ideology of Neo-Confucianism. Prime examples of the party's stance and attitude, and also of the school's philosophy and perception of the world, were figures like Jeong In-hong and Heo Gyun from the 'Majority Northerners(大北) party,' and Kim Shin-guk and Nam I-gong from the 'Minority Northerners(小北) party.'Since the time of King Injo's ascension to the throne in 1623, the philosophical society of Joseon came to be occupied by schools who were deeply committed and dedicated to the teachings of Ju Hi and his Neo-Confucianism, such as the Twe'gye and Yulgok schools, and as a result the Northerners' philosophy was pushed away from its former formidable status. Their political philosophy was also partially responsible for their fall, as they believed only them were the ideal Confucian figures(君子黨), and never appreciated the stances of other political factions. In the middle of the 17th century, passing through a war with the Manchurian Qing dynasty as well, they further became a mere undercurrent. Yet their thinking and philosophy partially survived, as it managed to affect and influence the Southerner school scholars who were living in the vicinity of the capital in the mid and late 17th century, as well as the "Shilhak" scholars such as Yi Ik/李瀷 in the 18th century, on a certain level. The Northerners faction was a party and a school which led the political and philosophical societies of Joseon, alongside the Westerners and Southerners, in the middle period of the Joseon dynasty. Recently, studies of Jo Shik and Seo Gyeong-deok, figures who were the roots of the Northerners faction, and studies of how the Northerners' political philosophy was inherited to the following generations, have been published and announced. All these efforts will enrich future studies dealing with the political history and philosophical history of the middle and latter periods of the Joseon dynasty.

Invisible Watermarking for Improved Security of Digital Video Application (디지털 동영상 어플리케이션의 향상된 보안성을 위한 비시각적인 워터마킹)

  • Seo, Jung-Hee;Park, Hung-Bog
    • Journal of the Korea Society of Computer and Information
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    • v.16 no.10
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    • pp.175-183
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    • 2011
  • Performance of digital video watermarking is an assessment that hides a lot of information in digital videos. Therefore, it is required to find a way that enables to store lots of bits of data into a high quality video of the frequency area of digital contents. Hence, this paper designs a watermarking system improving security with an enhancing watermarking based on invisible watermarking and embedding an watermarking on LH and HL subband and its subband by transforming wavelet after the extraction of luminance component from the frames of video by compromising robustness and invisible of watermarking elements. The performance analysis of security of watermarking is carried out with a statistic method, and makes an assessment of robustness against variety of attacks to invisible watermarking. We can verify the security of watermarking against variety of attacks by testing robustness and invisible through carrying out general signal processing like noise addition, lossy compression, and Low-Pass filtering.

The design and implementation of user interface based on contents rating service for blocking harmful Internet information (유해 인터넷 정보 차단을 위한 내용 등급 서비스 기반 사용자 인터페이스 설계 및 구현)

  • 이재선;전용희;장정숙
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.28 no.10B
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    • pp.957-964
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    • 2003
  • The circulation of unwholesome information such as obscene and violent information is gradually increasing based on the rapid expansion of information communications infrastructure. Those kinds of information are harmful to the adolescents and even cause social problems so that active countermeasure is requited. In order to cope with the spread of unwholesome information, appropriate regulating methods are absolutely in need by establishing or revising information communications-related laws. In this paper, we had analyzed domestic and foreign programs with existing harmful information blocking method, and then designed and implemented a selective blocking program based on Platform for Internet Contents Selection(PICS) by using selective blocking technology based on Internet contents rating system. We also proposed a compromised rating system blocking method that consists of selective filtering function by age and the popular blocking list. The proposed system has advantages in that there would be no increase in network load resulting from blocking list update and inquiry, it is possible to perform active selective filtering considering user's age, and it may introduce self-imposed rating.