• Title/Summary/Keyword: False Statement

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A CASE OF FALSE ALLEGATION OF CHILD SEXUAL ABUSE (위(僞) 소아성학대 보고 1예)

  • Choi, Bo-Moon
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.5 no.1
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    • pp.194-200
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    • 1994
  • When children exhibit unusually intense or persistent sexual interests or behavior, this is an indication that they have been exposed to more than the expectable amount of sexual experience, Although sexualized behavior and/or statement is a symptom of sexual abuse, it is not necessarily an indication of sexual abuse. The possibility of false allegation needs to be considered, particularly if allegations are coming from the parent rather than a child, if parents are engaged in dispute over custody or visitation, and/or if the child is a preschooler. False allegations may arise in other situations as well, such as the misinterpretation of a child's statement or behavior by relative or caretakers. And children may make false statement in psychiatric evaluations. A case of false allegation of sexual abuse made by mentally retarded 10 year-old girl who has been located in an institute is presented. During her evaluation process, it was clinician's diagnostic impression that she had no been sexually abused but sexually stimulated in some way, and most of what she said was a fantasy lie. Its pathological mechanism is discussed in terms of pseudologia fantastica along with the review of literatures.

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The Regulations by Criminal Law against any Testifier's Untrue Statement in the Investigation Procedures (수사절차에서 참고인의 허위진술에 대한 형사법적 규제방안)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.4
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    • pp.167-172
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    • 2012
  • There is no substantive enactment in our country to regulate testifier's false statement in the process of investigation under current law. In consideration of such investigation reality, there exist predominant view that the regulations against testifier's untrue statement are necessary to fine actual truth on criminal justice. However, such view is not quite agreeable, for it holds a probability that excessive investigation rights might cause infringement on personal rights. It's because of human rights protection that the criminal justice puts before the finding of actual truth as its biggest principle, and as we see above, any testifiers' untrue statement are already punishable, although restrictive, through interpretation of deceptive scheme under current law such as obstruction of justice, crimes of sheltering or flying a criminal or calumny.

Conditional Inferences in Students (조건추론에 대한 학생들의 이해)

  • Park, Dal-Won
    • Journal of the Korean School Mathematics Society
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    • v.12 no.3
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    • pp.307-317
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    • 2009
  • Formally p$\rightarrow$q means that affirming p one implicitly affirms q and that denying q one implicitly denies p. Denying p or affirming q do not lead to certain conclusions. Middle school students can recognize practical implication p$\rightarrow$q is true whenever p is false, but they don't recognize theoretical implication p$\rightarrow$q is true whenever p is false. They have not assimilated intuitively the complete structure of implication. Thus they do not distinguish naturally between the uncertain conclusion which can be drawn by affirming p and the certain rejection of p which follows from the negation of q. Also they can not recognize the uncertain conclusion which can be drawn by negation of p. There is no significant difference between practical conditional statements, formal conditional statements and conditional Inferences in advanced mathematics students. But there is a significant difference between formal conditional inferences and specific conditional inferences with statement p$\rightarrow$q is true when p is false.

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A Study on the Introduction of Obstruction of Justice Contents (사법방해죄 도입에 대한 고찰)

  • Jeong, Byeong-Gon
    • The Journal of the Korea Contents Association
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    • v.11 no.12
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    • pp.734-741
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    • 2011
  • The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

Characteristics and Court's Decisions of Sexual Assault Case against the intellectually disabled (지적장애인 성폭력 사건 특성과 법원의 판단)

  • YI, MI SUN
    • Korean Journal of Forensic Psychology
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    • v.11 no.2
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    • pp.211-239
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    • 2020
  • This study examined characteristics and judges' judgments regarding sexual violence cases against individuals with intellectual disabilities by analyzing total 716 cases of court decision. Of 716 cases, 6.0% sentenced not guilty, 53.5% imprisonment, 36.7% suspended sentence. More than half of the victims had experienced sexual assault more than one time with the tendency of repeating being higher when the accused were relatives or acquaintances to the victims. In half of the total cases, the victims were not able to specify the time of incidents. Only in 20% of the cases, there was actual compulsion but in the remaining cases, there was no clear coercion used during the crimes. There are three issues regarding court's decision of sexual assault case against individuals with intellectually disabilities; (1) credibility of victims' statement, (2) inability of resist during the crimes, and (3) whether the accused were aware of the victims's disabilities. In the judgment of credibility of statement, consistency of statement was the criterion that was used most frequently, being followed by specificity of statement, motivation for false accusation, cognitive capacity of victim, and reports of statement validity analysis in the order. The most frequently used criterion of inability to resist was the victim's statement and attitude, followed by the statement and attitude of the accused, the victim's knowledge and understanding of sexuality in the order. Regarding to the awareness of disabilities on the part of the accused, the statement and attitude of the accused was most frequently used, the victims' communicative abilities, duration of relationship, and daily life competence in the order. There were no differences in the rulings and issues according to levels of disabilities and gender. When victims were under 13 credibility of statement became more argues but the awareness of disabilities less frequently than the cases of victims who were 13 or older.

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Understanding of mind and social skills in adolescents (청소년의 마음이해 능력과 사회적 능력)

  • Hyeon Ok Choi;Hei Rhee Ghim
    • Korean Journal of Culture and Social Issue
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    • v.14 no.1
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    • pp.1-18
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    • 2008
  • The present study was to investigate the developmental change of adolescent's theory of mind. In addition, the relations between theory of mind and the social competence were investigated. Sixty students in each the 6th and 8th grade group were participated in this study. Adolescents' understanding of mind were measured by four kinds of mindreading tasks; the second-order false belief tasks, understanding the ambiguous social behaviors tasks, understading the hidden meaning of a figurative statement tasks, and the "faux pas" tasks. Social skills were measured by social skill scales. Eighth graders performed better than the 6th graders on the understanding the ambiguous social behaviors tasks and faux pas tasks but not on the second-order false belief tasks and understanding the hidden meaning of figurative statement tasks. The results suggests that the mindreading ability continues to develop during the adolescence, especially the ability to interpret others' ambiguous social behaviors by reading their mental states and the ability to understand that a person says a faux pas it is due to a mistaken belief. In addition, the understanding the ambiguous social behaviors tasks was found to be the best task to predict social behaviors. The results suggests that the mindreading ability would be a significant explanatory factor on social competence.

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Legal Status of Medical Personnel on Medical Records (환자의 의무기록 관련 의료인의 법적 지위)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.309-335
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    • 2010
  • This study is a paper reviewed legal status of medical personnel and issues of law on recently discovered medical records. As the increase of medical personnel who have gone through the administrative disposal in regards to the medical records, it is needed to examine the legal issue or dispute on the medical records under the current law. Medical records are the statement on patient's medical conditions made by the medical personnel. This records are used as important source for patient's further treatment. This becomes the communication route between the patients and the other medical personnel, and it provides the patients a right to find out their medical information. According to the Medical Service Act (Article 21), a medical personnel shall prepare respectively a record book of medical examination and treatment. And medical personnel shall make a signature. Furthermore, the medical personnel or the opener of the medical institutions must preserve the record book (including an electronic medical record). Meanwhile, the issues of a ban on false entry, additional record, revision or manipulation on the medical record have been recently on the rise. This paper briefly examined the major issues in regards to the medical records. It especially clarified the legal duty on medical records and its major-contentious-issues. At the same time, it pointed out the problems of the unreasonable over interpretation of the law. Furthermore, this suggested the guidelines for the further discussion and review.

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A Study on Error Analysis and Correction Method in Proof Problems of Matrix (행렬의 명제 문제에 대한 오류 분석 및 교정 지도 방안에 관한 연구)

  • Kim, Hye-Jin;Kim, Won-Kyung
    • The Mathematical Education
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    • v.49 no.2
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    • pp.161-174
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    • 2010
  • The purpose of the study is to analyze various types of errors appeared in true-false proof problems of matrix and to find out correction method. In order to achieve this purpose, error test was conducted to the subject of 87 second grade students who were chosen from D high schoool. It was shown from this test that the most frequent error type was caused by the lack of understanding about concepts and essential facts of matrix(35.3%), and then caused by the invalid logically reasoning (27.4%), and then caused by the misusing conditions(18.7%). Through three hours of correction lessons with 5 students, the following correction teaching method was proposed. First, it is stressed that the operation rules and properties satisfied in real number system can not be applied in matrix. Second, it is taught that the analytical proof method and the reductio ad absurdum method are useful in the proof problem of matrix. Third, it is explained that the counter example of E=$\begin{pmatrix}1\;0\\0\;1 \end{pmatrix}$, -E should be found in proof of the false statement. Fourth, it is taught that the determinant condition should be checked for the existence of the inverse matrix.

The Study on the Process of Undergraduate Students' Generating Counter-Examples and Proposing True Statements (대학생의 반례 생성과 참 명제 제기 과정에 대한 연구)

  • Oh, Hye Mi;Kwon, Oh Nam
    • Journal for History of Mathematics
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    • v.26 no.5_6
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    • pp.401-416
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    • 2013
  • There has been increasing interest in recent years in the pedagogical importance of counter-examples that focuses on pedagogical perspectives. But there is no research that undergraduate students' generating counter-examples and proposing the true statements. This study analyze 6 undergraduate students' response to interview tasks and the process of their generating counter-examples and proposing true statements. The results of interviews are that the more undergraduate students generate various counter-examples, the more valid they propose true statements. If undergraduate students have invalid understanding of logical implication and generate only one counter-example, they would not propose true statements that modify the given statement, preserving the antecedent. In pre-service teacher's education and school mathematics class, we need to develop materials and textbooks about counter-examples and false statements.

Building Linked Big Data for Stroke in Korea: Linkage of Stroke Registry and National Health Insurance Claims Data

  • Kim, Tae Jung;Lee, Ji Sung;Kim, Ji-Woo;Oh, Mi Sun;Mo, Heejung;Lee, Chan-Hyuk;Jeong, Han-Young;Jung, Keun-Hwa;Lim, Jae-Sung;Ko, Sang-Bae;Yu, Kyung-Ho;Lee, Byung-Chul;Yoon, Byung-Woo
    • Journal of Korean Medical Science
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    • v.33 no.53
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    • pp.343.1-343.8
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    • 2018
  • Background: Linkage of public healthcare data is useful in stroke research because patients may visit different sectors of the health system before, during, and after stroke. Therefore, we aimed to establish high-quality big data on stroke in Korea by linking acute stroke registry and national health claim databases. Methods: Acute stroke patients (n = 65,311) with claim data suitable for linkage were included in the Clinical Research Center for Stroke (CRCS) registry during 2006-2014. We linked the CRCS registry with national health claim databases in the Health Insurance Review and Assessment Service (HIRA). Linkage was performed using 6 common variables: birth date, gender, provider identification, receiving year and number, and statement serial number in the benefit claim statement. For matched records, linkage accuracy was evaluated using differences between hospital visiting date in the CRCS registry and the commencement date for health insurance care in HIRA. Results: Of 65,311 CRCS cases, 64,634 were matched to HIRA cases (match rate, 99.0%). The proportion of true matches was 94.4% (n = 61,017) in the matched data. Among true matches (mean age 66.4 years; men 58.4%), the median National Institutes of Health Stroke Scale score was 3 (interquartile range 1-7). When comparing baseline characteristics between true matches and false matches, no substantial difference was observed for any variable. Conclusion: We could establish big data on stroke by linking CRCS registry and HIRA records, using claims data without personal identifiers. We plan to conduct national stroke research and improve stroke care using the linked big database.