• Korean Journal of Social Welfare
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• v.68 no.2
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• pp.131-160
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• 2016

In this study, we analyzed determination of punishment of victimizers presented in sentencing(81 plaintiffs, 95 sentencing) for 55 cases involving child maltreatment fatalities between 2001 and 2015. The results showed that about 40% of main victimizers were imposed relatively minor punishment such as probation or imprisonment for less than 3 years. Judgments that deviated from lower limit comprised large proportion in connection with compliance with standards for statutory punishment and punishment determination. The elements of punishment determination, such as earnest rearing of child, psychological pain arising from death of child, sense of guilt, motivation that can be considered, were found to have a significant influence on mitigation of punishment although such elements could be judged differently, depending on perception or subjective tendency of judges towards child abuse. Even abetters in a position to prevent death of child were imposed minor punishment mostly by probation or monetary penalty. This study presented the need to reconsider the circumstances of punishment determination which has been conventionally mentioned in cases involving child maltreatment fatalities, such as first offender, accidental crime, person with parental rights, fosters, agreement with family of the deceased, etc. Moreover, this study suggested the need to reinforce child abuse prevention training for law enforcement officers and to revamp standards for determining punishment unique to the cases of child abuse in the future.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.41-49
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• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• Korean Security Journal
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• no.58
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• pp.59-80
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• 2019

Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

• Journal of the Korean Data and Information Science Society
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• v.28 no.6
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• pp.1229-1244
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• 2017

In recent years, as demand for data-based analytical methodologies increases in various fields, optimization methods have been developed to handle them. In particular, various constraints required for problems in statistics and machine learning can be solved by convex optimization. Alternating direction method of multipliers (ADMM) can effectively deal with linear constraints, and it can be effectively used as a parallel optimization algorithm. ADMM is an approximation algorithm that solves complex original problems by dividing and combining the partial problems that are easier to optimize than original problems. It is useful for optimizing non-smooth or composite objective functions. It is widely used in statistical and machine learning because it can systematically construct algorithms based on dual theory and proximal operator. In this paper, we will examine applications of ADMM algorithm in various fields related to statistics, and focus on two major points: (1) splitting strategy of objective function, and (2) role of the proximal operator in explaining the Lagrangian method and its dual problem. In this case, we introduce methodologies that utilize regularization. Simulation results are presented to demonstrate effectiveness of the lasso.

• Journal of the Korean Institute of Telematics and Electronics S
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• v.36S no.6
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• pp.17-29
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• 1999

In this paper, the prioritized queueing handoff scheme in CDMA (Code Division Multiple Access) cellular system is proposed. Also, the analytical survey for the proposed scheme is carried out, and the performance of this scheme is compared with that of non prioritized scheme and FIFO (First In First Out) queue scheme by computer simulation. The handoff region is defined as the time between the handoff treshold and the receiver threshold, and it is used for the maximum queue waiting time in the proposed scheme. The handoff and the receiver thresholds are defined as rewpectively: 1) the time that the Pilot Strength Measurement Message in the neighbor in the neighbor cell is received to the BS (Base Station) under the T_ADD threshold; and 2) the time that the T_DROP timer is expired and the Pilot Strength Measurement Message in the current cell is received to the BS under the T_DROP threshold. The performance metrics for analyzing the proposed scheme are : 1) probability of forced termination; 2) probability of call blocking; 3) ratio of carried traffic to total offered load; 4) average queue size; 5) average handoff delay time in queue. The simulation results show that the proposed scheme maintains high performance for handoff requests at a small penalty in total system capacity.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.429-460
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• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.33-67
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• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.29 no.5A
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• pp.473-483
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• 2004

In this paper, we numerically investigated the optimum pump light power best compensating for pulse distortion due to both chromatic dispersion and self phase modulation (SPM) as a function of channel input power in 8 channel ${\times}$ 40 Gbps wavelength division multiplexing (WDM systems. Also we investigated the allowable maximum channel input power dependence on modulation format and fiber dispersion coefficient in the various pump light power of OPC. The considered WDM transmission system is based on path-averaged intensity approximation (PAIA) mid-span spectral inversion (MSSI) compensation method, which has highly-nonlinear dispersion shifted fiber (HNL-SDF) as nonlinear medium of optical phase conjugator (OPC) in the mid-way of total transmission line. We confirmed that optimal pump light power of HNL-DSF OPC depend on modulation format, initial channel input power, total transmission length and fiber dispersion. But optimal pump light power of HNL-DSF OPC must be selected to make power conversion ratio to almost unity. And we confirmed that, if we allow a 1 dB eye opening penalty (EOP), the tolerable maximum channel input power is increased by using RZ than NRZ as modulation format when pump light power of HNL-DSF OPC is not optimal value but another values.

• Journal of KIISE:Computer Systems and Theory
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• v.33 no.8
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• pp.554-561
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• 2006

In recent years, as SoC design research is actively conducted, a large number of IPs are included in a system. Various bus protocols and bus architectures are designed to increase IP reusability. Among them, the AMBA AHB became a de facto standard although it is somewhat inadequate for a large scale SoC. We proposed SNP and SNA, high performance on-chip-bus protocol and architecture, respectively, to solve the problem of the conventional shared buses. However, it seems to be imperative that the new on-chip-bus system support AMBA-compatible IPs for a while since there are a lot of IPs with AMBA interface. In this paper, we propose an extended SNP specification and a corresponding SNA component to support ABMA-compatible IPs used in SNA - based system. We extend the phase of the SNP by 1 bit to add new 8 phases to support communication based on AMBA protocol without penalty of elongated cycle latency. The ARB-to -XSNP converter translates the protocol between AHB and SNP to attach AMBA -compatible IPs to SNA based system. We show that AMBA IPs can communicate through SNP without any degradation of performance using the extended SNP and AHB - to- XSNP converter.

• Journal of Digital Convergence
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• v.9 no.5
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• pp.31-43
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• 2011

Since the R&D Program for Small and Medium-sized Enterprises started in 1997 as a part of Small and Medium Business Administration, many companies succeeded to carry out the tasks and were charged royalty fees from the government aid program in return. However, some of them were unable to pay a royalty because of their poor financial positions. Failure to pay a royalty also led to adding administrative duties including debt collection and imposing a penalty of participation restriction for other R&D programs. To solve the problems incurred by a failure of royalty collection, a divided payment using a surety insurance was introduced in 2009. That is, the R&D program recipients who were charged royalties issue surety insurance policies and submit them to a collection agency with a plan of divided payment. In this study, we estimate the main benefits of introducing surety insurance for royalty collection. First, we analyze royalty collection results from recipients supported by the R&D program from 1997 to 2006. By doing so, we calculate the main parameters that will be used for estimating the 2011 collection results. Next, besides estimating the quantitative effect, which summarizes an increase of royalty collection via surety insurance, we also analyze various qualitative effects such as simplification of the collection process and expansion of opportunities for participation in R&D programs.