• Title/Summary/Keyword: Legal reason

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Debiasing the biases induced by defendant's character evidence (피고인의 성격증거로 유도된 편향 감소 방안)

  • Ko, Minjo;Park, Jooyong
    • Korean Journal of Forensic Psychology
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    • v.11 no.1
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    • pp.63-87
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    • 2020
  • Judgment and decision-making studies have shown that people are easily influenced and biased by information irrelevant to the object of judgment. There is a great deal of research that indicates that bias exists in the legal judgment scene. One of them is a bias induced by defendants' character evidence. This study examined whether cognitive activities such as discussion, counterfactual thinking, and peer assessment could reduce the bias induced by the character evidece. In Experiment 1, 121 college students were asked to give the percentage they believed the defendant to be guilty. There was no cognitive activity for the control group. There were three different cognitive activities for the experimental group: discussion, counterfactual thinking and discussion, and counterfactual thinking and peer assessment. Results showed reduction in bias for all the experimental groups, and there was no difference between them. In Experiment 2, there were 125 participants from general population for the same procedure as in Experiment 1. Results showed reduction in bias only for the counterfactual thinking and discussion group. In general discussion, we speculated the implication of the results and the reason for the difference between the two experiments.

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A Comparative Study on the International Factoring of Korea, China and Japan (한·중·일 국제팩토링에 관한 비교연구)

  • Park, Se-Hun
    • Korea Trade Review
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    • v.41 no.3
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    • pp.199-215
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    • 2016
  • International factoring is necessary for small & medium export companies because using documentary credit has been declined and credit transaction has increased. In Korea, however, only EXIM bank supports the factoring service, apart from foreign banks. Even though the amount of international factoring has increased in Korea, factoring service is at a standstill, compared to its trade volume. Perhaps there are a few reasons but the biggest reason for the indifference to the factoring service is a lack of understanding and inadequate legal system in Korea. This paper aims to compare factoring service in Korea with that of China and Japan. And it also suggests the improvement of problems to the factoring service by analysing the examples of business practice.

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Multiple consecutive-biphasic pulse stimulation improves spatially localized firing of retinal ganglion cells in the degenerate retina

  • Jungryul Ahn;Yongseok Yoo;Yong Sook Goo
    • The Korean Journal of Physiology and Pharmacology
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    • v.27 no.6
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    • pp.541-553
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    • 2023
  • Retinal prostheses have shown some clinical success in restoring vision in patients with retinitis pigmentosa. However, the post-implantation visual acuity does not exceed that of legal blindness. The reason for the poor visual acuity might be that (1) degenerate retinal ganglion cells (RGCs) are less responsive to electrical stimulation than normal RGCs, and (2) electrically-evoked RGC spikes show a more widespread not focal response. The single-biphasic pulse electrical stimulation, commonly used in artificial vision, has limitations in addressing these issues. In this study, we propose the benefit of multiple consecutive-biphasic pulse stimulation. We used C57BL/6J mice and C3H/HeJ (rd1) mice for the normal retina and retinal degeneration model. An 8 × 8 multi-electrode array was used to record electrically-evoked RGC spikes. We compared RGC responses when increasing the amplitude of a single biphasic pulse versus increasing the number of consecutive biphasic pulses at the same stimulus charge. Increasing the amplitude of a single biphasic pulse induced more RGC spike firing while the spatial resolution of RGC populations decreased. For multiple consecutive-biphasic pulse stimulation, RGC firing increased as the number of pulses increased, and the spatial resolution of RGC populations was well preserved even up to 5 pulses. Multiple consecutive-biphasic pulse stimulation using two or three pulses in degenerate retinas induced as much RGC spike firing as in normal retinas. These findings suggest that the newly proposed multiple consecutive-biphasic pulse stimulation can improve the visual acuity in prosthesis-implanted patients.

Common People's Emotional Response and Attitude toward Law in Korean Society (한국인의 법의식: 법리(法理)와 정리(情理)의 갈등)

  • Si-Up Kim;Ji-Young Kim
    • Korean Journal of Culture and Social Issue
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    • v.9 no.1
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    • pp.67-79
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    • 2003
  • Why, in general, don't Korean people follow the law? Possible one of the answers to this question is based on lay people's emotional evaluation to the law in which common people's evaluation to the guilty according to their private logics comparing to public logics of facts and sentence of illegal behavior. Futhermore, in psychological field, there have been some researches concerning on differences in morality such as moral judgement and evaluation including moral inference among cultures. Therefore, the reason why Korean people tend to be not law observance and law break is that Korean people are not immoral such as telling a lie and not keeping promises, but rather they have a tendency of appling their private and personal logics based on Cheong(interpersonal affection) relationships and logics to public and legal affairs.

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Development and Implementation of Dam Safety Management System (댐 안전관리 시스템의 개발 및 운용)

  • Jeon, Je Sung;Lee, Jong Wook;Shin, Dong Hoon;Park, Han Gyu
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.12 no.2
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    • pp.121-130
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    • 2008
  • Recently, we can see an increasing amount of dam damage or failure due to aging, earthquakes occurrence and unusual changes in weather. For this reason, dam safety is gaining more importance than ever before in terms of disaster management at a national level. Therefore, the government is trying to come up with an array of legal actions to secure consistent dam safety. Other dam management organizations are also taking various institutional and technical measures for the same purpose. In this study, Dam Safety Management System, KDSMS, has developed for consistent and efficient dam safety management. The KDSMS consists of dam and reservoir data, a hydrological information system, a field inspection and data management system, a instrumentation and monitoring system including earthquake monitoring, a field investigation and safety evaluation system, and a collective information system. The KDSMS is a kind of enterprise management system which has been developed to deal with safety management of each field, research center, and headquarter office and their correlation as well as detailed safety information management.

The Characteristics and Medical Utilization of Migrant Workers (외국인 노동자의 특성과 의료이용 실태)

  • Ju, Sun Me
    • Korean Journal of Occupational Health Nursing
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    • v.7 no.2
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    • pp.164-176
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    • 1998
  • This study deals with the current medical utilization for migrant workers and the characteristics of them. The purpose of this study is to provide the basic information to establish proper medical policy. For the study self-made questionnaire was used, which was answered by 453 migrant workers working in the area of manufacturing and non-technical work in 10 cities like Seoul, Inchon, Namyangju, Sungnam, Kwangju, Pyungchon, Kunpo, Kimpo, Masuk in Kyungki-do and Chunan in Chungchungnam-do. Besides, 303 medical records of those who had visited free medical check-up center were analyzed. The period of accumulating data is 6 months, from November 1st, 1996 to April 30th, 1997. The characteristics of migrant workers and current medical utilization are analyzed by percentage and the relation between characteristics and current medical utilization were analyzed using ${\chi}^2$-test, t-test, ANOVA. The finding of this study was as follows : 1) The number of nationality was 16. The first majority was Philippians as 32.0%. Among 16 nationalities Southeastern and Northern Asians were 48.9%, Southwestern Asian was 46.5%, the rest was 7.3%. Men were 81.0%, those who are aged from 26 to 30 were 39.0%, Graduatee from high school 92.7%, Christians 56.3%, unmarried 55.4% and salary from 600,000 Won to 800,000 Won 53.8% averaging monthly payment 669,810 Won. As for their residence, those who resided over 3 years were 31.9% and the illegal residence reached 77.4%. As for Korean language, those who speak in middle level were 5.6%. 2) As for kind of work and circumstances, manufacturing was 81.1%, 4 off-days per month 72.2% and 9-10 working hours per day 42.1%. As for accommodation, residence in fabric was 62.6% and one or two members as roommate 40.2%. 3) The characteristics of health behavior showed that 89.4% of migrant workers had 3 meals, 70.9% of them did not drink alcohol, 73.5% of them did not smoke. 4) As a characteristic of health status, 71.8% of them perceived of their health. 76.1% thought that they had no illness before coming Korea. Among them who recognized their illness, those who had problem in circulatory system was 35.3%, respiratory system ENT 19.1% and nervous system 19.1%.66.2% of those having illness had already had sickness when coming to Korea. 5) During last one month, 79.2% of them were known as ones having no illness. Among the sick, those who had problem in circulatory system was 31.6%, nervous system 23.7% and respiratory system 21.1%. 60.3% of the sick were not cured at that time. 6) Sorting the symptom of those who visited free medical check up, dental care was 24.2%, orthopedic 14.0% and digestive system 13.8%. Teethache was 34.4%, stomach problem 11.6%, upper respiratory inflammation 10.2% and back pain 5.9%. Averagely they visited free medical check up 1-2 times. According to symptom, epilepsy 25.5 times, heart and vascular disease 9 times, constipation 2.8%, neurosis 2.38 times and stomach problem 2.34 times. 7) The most frequently visited medical service by migrant workers was hospital. The most mentioned reason was good healing as 36.3%. The medical service satisfied migrant workers mostly was hospital as 64.3%. The reason of satisfaction was also good healing as 45.9%. 8) 77.2% of respondents did not spend money for medical check. Average monthly medical cost was 25,100 Won, 3.7% of income. Those who had no medical security was 73.4%. In their case, 67.7% got discount from hospital or support from working place and religious organization. 9) As for the difference of medical utilization according for the characteristics of migrant workers, legal workers and no-Korean speaker used hospital more frequently. 10) Those who were satisfied most of all with the service of hospital were female workers, hinduists and buddhists, legal workers or manufacture workers. 11) Christians, those who have 3 meals or recognize themselves as healthy ones mostly had no illness. As a result, the most of migrant workers in Korea are from Asia. They are good educated but are working in manufacturing and illegal. Their average income is under 700,000 Won which in not enough for medical cost. They have no medical security and medical fee is supported by religious organization or discounted. Considering these facts the medical policy by government is to be established.

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A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.87-130
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    • 2015
  • In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

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Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

학교도서관 발전의 저해요인에 관한 실증적 고찰 -일학교장의 학교도서관에대한 인식을 중심으로-

  • 김남석;김정소
    • Journal of Korean Library and Information Science Society
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    • v.7
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    • pp.1-55
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    • 1980
  • It has been observed that the purpose of education is poorly coordinated with the school library. Consequently a healthy growth of the library has been very rare, and educational process has been rather inefficient. Therefore this study attempts to define the role of a school library and the necessasity of its growth, examine principals' concepts of the library, find out the adverse causes for its growth, and make some suggestions to rectify them. A questionnaire was designed to get information on the principals' conceptions about the nature and the role of a school library, a librarian, and adverse causes for the growth of the library. This study is largely based on the analysis of this questionnaire. The results of this study may be summarized as. follows: 1) The school library is not generally considered as the center of educational activities. It is rather variously regarded as a subsidiary organization for education, a place where reading materials are offered, a place where books are kept, or a reading room. 2) This was largely due to the misconceptions of the principals as to the true nature and the role of the school library. 3) The degrees of their misconceptions varied depending on the amount of their exposure to the library science. Those principals who studied library science more hours had better understanding of the library. 4) Although the principals showed rather much concern for the library, the school library was not up to the expectation largely due to their misconception of it. 5) Most of the principals felt that they needed more knowledge on library science to carry out their job. This feeling was stronger for those who spent more hours in a library science course. 6) Most of the principals wanted to offer a position for a dual function: a librarian and a teacher. This was largely due to their lack of knowledge as to the duties of a librarian-which were considered as secondary to the duties of a teacher. 7) The majority of the principals thought the librarians were not paid well enough, but some of the principals o n.0, pposed their pay raise. The former generally took more courses in library science than the latter. 8) Many principals agreed that the adverse causes for the growth of the school library originated from the regional or governmental school authorities. This seemed to indicate that the legal requirements for the library were inadequate and that there was no administrative organization to take care of the library. 9) Most of the principals considered the insufficient funds as the major reason for the present poor condition of the library. But considering the fact that some libraries are better equi n.0, pped that others, financial matter cannot be the deciding factor. It rather seemed that there is some serious problems in the current educational system. For further studies in this field and for the libraries to function properly, the following suggestions are made here: 1) The major adverse cause for the healthy growth of the school library was found in the misconceptions on the school library by the principals, and these misconceptions were largely due to their lack of knowledge. Therefore they should be given more o n.0, pportunities to take courses in library science. 2) The librarian should not be overburdened with other duties than what his job duly calls for, and they should be properly compensated for their own job. They should also be encouraged to grow as librarians. 3) Education itself should be improved so that the library becomes the center of learning. 4) An administrative department should be created to oversee the school libraries, and legal measures should be enacted for better school libraries. 5) Financial su n.0, pport should be provided for a period of time in order to upgrade the school library to a certain level. Finally it is strongly felt that more detailed and inclusive studies in this field should be carried on and further experimental studies should be done.

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