• Korean Journal of Culture and Social Issue
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• v.26 no.1
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• pp.25-45
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• 2020

Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.213-244
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• 2004

This article studied on international trade dispute of enforcement procedure of foreign arbitral awards at Korean Supreme Court, which is especially related to New York Convention article 5, The key points of most enforcement procedure were about public policy according New York Convention article 5, 2, b and New York Convention article 5, 1. Particularly, Judgement of public policy from Supreme Court represented that the recognition and enforcement of foreign arbitral award is to present and protect basic moral conviction and social order from spoiling, and not only domestic situation but also international stability of transaction should be taken into consideration in judging on recognition and enforcement of foreign arbitral award, which is construed under certain limitation. In this point, you should be understand the concept on refusal reasons in enforcing of foreign arbitral awards

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.31-47
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• 2008

An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

• 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.

• Journal of Distribution Science
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• v.13 no.5
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• pp.83-90
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• 2015

Purpose - This research aims to understand the different behaviors of consumers according to cognitive age. Specifically, this research is focused on pro-social behavior. Pro-social behavior is defined as behavior benefiting others, rather than behavior benefiting one's self. It often entails individual risk or cost, such as when giving resources to others, waiting in line, asking for or paying a fair price, or risking one's life in battle. Therefore, we sought to understand consumer psychology and cognitive age as a reflection of inner psychology. People frequently perceive themselves as younger or older than their chronological ages. This self-perceived or cognitive age is a subjective age perception independent of actual chronological age. The discrepancy degree between chronological and cognitive age represents how much individuals perceive themselves as younger than they are. This study examines the gap in donation intention based on cognitive age. In order to investigate cognitive age, composed of four sub-categories (feel-age, look-age, do-age, and interest-age), this study explores the differential donation intention based on cognitive age, which determines the relationship between the young age and old age. Research design, data, and methodology - Data research was conducted by gathering 216 survey samples, excluding those with unreliable answers. Data coding and cleaning were used and SPSS 19.0 software for the data analysis. The respondents were categorized into two types, younger cognitive ages and older cognitive ages. Additionally, we analyzed the moderating variables. In particular, we used cognitive age degree and congruency level (cognitive age low vs. cognitive age high) × (congruency close vs. congruency distant) between - subjects design. First, regression was done to verify the difference between chronological age and cognitive age. Second, a t-test was done to verify the difference of cognitive age level in donations. Third, ANOVA (analysis of variance) was done to verify the difference between cognitive age and congruency in donations. Last, ANOVA was done to verify the difference between cognitive age and moral judgments in donations. Result - The results show most respondents perceive themselves as younger than their chronological ages. In particular, older respondents feel they are younger than their actual age. Moreover, the result of the comparison between low degree and high degree groups of cognitive age, show high donations at the higher degree of cognitive age groups. In addition, the closer the distance to the beneficiaries, the higher the donation in high degree cognitive age groups. The higher moral judgment groups also show relatively high contributions in lower degree cognitive age groups. Conclusions - Donations belong to the category of pro-social behavior reflecting an individual's psychological state. Therefore, it is important in understanding cognitive age. This study implies that it is necessary to take into account both cognitive age and chronological age when segmenting donors. Moreover, this study confirmed that there are different factors affecting the motives behind donations. Thus, it may be utilized to create differential donation strategies.

• The Journal of the Convergence on Culture Technology
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• v.2 no.1
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• pp.45-51
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• 2016

Aristotle said 'Poet is that from who can give happiness, therapeutic effects to the reader.' He say to 'mimoumenon' it means a native Image restored. However, Kant said that Aesthetic is requested not only reappearance but freedom. This result is that between joyful freedom and reason of the judgement of tasted feeling. Because Art ever created is the spirit of the moral ideals, and those who combine the best of the joy. I think need to more communication and joy than their theories. For poet is replaced to be communicated and joyful for our happiness and freedom.

• Journal of Gifted/Talented Education
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• v.23 no.1
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• pp.67-87
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• 2013

This study explores high school gifted students' perception of cheating in school using the concept mapping method. The map shows the gifted students' concept structure and the different perception between gifted and non-gifted students on cheating. For the purpose, 63 high school gifted students participated at the brainstorming stage to gather the possible related statements. Finally, 64 statements were confirmed and these were divided and evaluated by 13 focus group students. Then, they were analyzed by multidimensional scaling and processed by hierarchical cluster analysis. The results compiled from this procedure show that high school gifted students' perception of cheating is classified into five clusters: "unacceptable cheating behaviors of friends", "an inseparable relation among social structure, giftedness and cheating", "conflict, coping skills, and tolerance related to the cheating", "immorality in one's inner person" and "the judgement based on morality and social justice". In addition, 150 gifted students and 160 non-gifted students checked the degree of agreement to each statement with the likert 6 points scale and the result showed that there was no significant difference in two clusters, "unacceptable cheating behaviors of friends" and "the judgement based on morality and justice", while it turned out that there were significant perception gaps in three clusters, "inseparable relation among social structure, giftedness and cheating", "conflict, coping skills, and tolerance related to the cheating" and "immorality in one's inner person". Implications of the study related to the gifted students' moral behaviors were discussed in depth.

• Korean Journal of Culture and Social Issue
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• v.29 no.2
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• pp.253-273
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• 2023

This study was conducted to determine how analytic-holistic thinking style, one of the cultural characteristics, affects intentionality judgment and what role the crime typicality plays in the process. To this end, the psychological mechanism of intentionality judgment was confirmed in cases where the criminal typicality was manipulated by the moral characteristics of the crime perpetrator and victim. As a result, higher the criminal typicality lead to higher intentionality judgement. In addition, it was found that people with relatively holistic thinking style (with high causality and perception of change) judge less of the perpetrator intentionality. In particular, it was confirmed that the analytic-holistic thinking style interacts with criminal typicality and affects the intentionality judgment. Specifically, people with a holistic thinking style (high causality) judged the perpetrator to have high intentionality in typical cases, but judged in a reverse way in atypical cases. It means that, holistic thinkers, compared to analytic thinkers, strongly judge intentionality based on criminal typicality considering the moral characteristics of not only the perpetrators but also the victims. Along with the significance of this study, the relationships among analytic-holistic thinking style, criminal typicality and intentionality judgment were discussed.

• Journal of Korean Philosophical Society
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• v.123
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• pp.57-86
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• 2012

Many contemporary philosophers argue that modern philosophy is only the philosophy being imprisoned in subject and consciousness without communicating other subjects with language. They criticize that it is solipsistic. Today, those who are taking part in the communication theory, hermeneutics, and de-constructivism are trying to overcome this problem. The practical philosophers, especially those who advocate communintarianism criticize that modern libertarianism is not free from the isolated autonomy and breaks the solidarity of the traditional community with treating formally others. They criticize Kant's philosophy in the same way. But it is unreasonable. Because Kant was not the philosopher who pursued the same philosophy of subjectivity and liberalism as the earlier modern philosophers pursued. He tried to criticize its limits and overcome them. Especially he did not remain within the modern subjectivity, but rather tried to come up with the inter-subjectivity communicating between subjects. He showed this side through the 'sensus communis'. He thought of a judgement of taste as an effect resulting from the free play between imagination and understanding, and postulated the 'sensus communis' as a ground of the universal validity of this judgement. Therefore this 'sensus communis' is the subjective principle of a judgement of taste. Furthermore, he did not treat this 'sensus communis' merely as a self-relation of a subject, but rather developed it into an communicative relation among subjects. This position of Kant enables us to seek the harmony between the aesthetic sphere and social-moral sphere, and to overcome the conflicts between the autonomy of the liberalism and the solidarity of the communitarianism. Especially, his 'sensus communis' can be developed into the 'critical hermeneutics' and the 'relational autonomy'. Therefore his 'sensus communis' has the possibility to overcome the negative points of the traditional community and the modern community, and to overcome the conflicts among the isolated selves occurring in today's society. Hence Kant's 'sensus communis' has still the important values in the contemporary philosophy, especially in the practical philosophy being now discussed over the relation between autonomy and solidarity.