• Title/Summary/Keyword: Principle of Clarity

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

Information Technologies In Teaching: The Basis Of Students' Knowledge

  • Morska, Nataliia;Fedorenko, Olena;Davydova, Olha;Andreev, Vitaly;Bohatyryova, Galina;Shcherbakova, Nataliia
    • International Journal of Computer Science & Network Security
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    • v.21 no.2
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    • pp.44-53
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    • 2021
  • The paper proposes to consider information technologies and their application in the educational process as a preparation of presentation material for students of higher educational institutions. The definition and place of information technologies in the educational space are considered. The object of research of this work is the pedagogical technology of presentation of educational information, which substantiates the pedagogical technology of visualization of educational information in higher education, as well as determine its composition and structure. The practical side of pedagogical technology of educational information presentation is considered.

A Legal Study on the Game Industry Promontion Act Bill for Establishing The Game User Committee (게임산업법(안)상 게임물이용자위원회에 관한 법적 검토 연구)

  • Park, Se-Hun;Kyen, Seung-yup
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2022.01a
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    • pp.173-174
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    • 2022
  • 최근 확률형 아이템이 이용자들에게 투입 비용보다 높은 가치의 아이템을 획득할 수 있을 것이라는 막연한 기대감을 갖게 만들어, 게임 이용자의 사행성을 조장하고 과소비를 부추긴다는 우려가 제기되고 있다. 특히 복잡한 확률구조와 관련하여 허위로 표시하는 등 거짓 또는 과장 광고가 만연하여 게임 업계의 자율규제가 실효성을 잃고 게임제작업자가 허위로 확률을 고지하여 이용자들을 기만하는 사례 등이 사회적으로 문제가 되고 있다. 이에 국민의힘 하태경 의원이 일정 규모 이상 게임제작업자는 게임물이용자위원회를 두도록 하는 게임산업진흥에 관한 법률 일부개정(안)을 2021년 3월 24일 대표발의하였는데, 이 법안이 게임산업을 과도하게 규제한다는 비판이 제기되고 있는바, 해당 법안을 분석하여 입법취지에 부합하는 개선방안을 제시하고자 한다.

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The Unconstitutionality of Banning Operation of Multiple Medical Institutions by Health Care Providers - Focusing on Article 87 Section 1 Clause 2 and Article 33 Section 8 - (의료인의 의료기관 다중운영 금지 조항의 위헌성 - 의료법 제87조 제1항 제2호, 제33조 제8항을 중심으로 -)

  • Kim, Sun Wook;Jeong, Hye Seung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.295-326
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    • 2015
  • Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

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A Study on Visual Communication Design for Effective Trial Presentation (효과적인 법정 프레젠테이션을 위한 비주얼커뮤니케이션 디자인 연구)

  • Baek, Se-Young
    • The Journal of the Korea Contents Association
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    • v.16 no.5
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    • pp.601-611
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    • 2016
  • As oral trial principle and civil participation in criminal trials spread, the environment of Korean courtroom is in need of a systematic introduction of trial presentation which can supplement with the oral trial presentation's weakness. Therefore this study analyzes the definition, types, and effectiveness of trial presentation, considering characters of the Korean court's environment. As for following research step, the most widely used trial presentation softwares in the USA and Korea are analyzed and compared in consideration of the particularity of the trial presentation. Based on this analysis, this study suggested elements to be included in the presentation software optimized for Korean court's environment as follows: 1. Ease of the insertion of various forms and media, 2. Appropriate limitation of the spectrum for graphic style, 3. Ease of use of graphics tools, 4. System functions. Such a suggestion was proposed not only to enhance the clarity, accuracy, effectiveness in developing insistence and delivery of content, but also promote aesthetic quality and consistency of presentation's visual communication aspect.

A Study on Deriving the Principle of Naoto Fukasawa's Without Thought Design Theory (후카사와 나오토 Without Thought 디자인 이념의 원칙 도출에 관한 연구)

  • Lu, Han-Yi;Seo, Han-Sok
    • The Journal of the Korea Contents Association
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    • v.19 no.3
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    • pp.475-484
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    • 2019
  • At present, in the field of design research, the systematic research on Without Thought design is still insufficient, and it is used in conjunction with the concept of Affordance. Therefore, based on Naoto Fukasawa's design ideas of 'Without Thought' and related unconscious theory, this study will define the concept of 'Without Thought design'. Briefly, Without Thought design is to enable users to complete the unconscious interaction with objects and give users a feeling of "just right". Besides, by reviewing Naoto Fukasawa's works, papers, speeches and related literature, this study derives five Without Thought design principles: continuity of behavior, clarity of semantics, commonality of cognition, design for living situations and design for natural needs. Then, the content this study could be an origin that be helpful to define the concept of Without Thought in a more systematic way, looking forward to serving as the basic data for the process development of Without Thought design.

Physicochemical Properties of Mung Bean Starch Paste, a Main Ingredient of Omija-eui

  • Jang, Keum-Il;Han, Hyun-Jeong;Lee, Kwang-Yeon;Bae, In-Young;Lee, Ji-Yeon;Kim, Mi-Kyung;Lee, Hyeon-Gyu
    • Food Science and Biotechnology
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    • v.18 no.4
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    • pp.991-995
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    • 2009
  • As a principle ingredient in omija-eui, the physicochemical properties of mung bean starch (MBS) paste were investigated and compared to those of rice and corn starch. The amylose and the protein content of MBS were higher than those of rice or corn starch while the total sugar content and the swelling power of MBS were lower. In addition, the clarity of MBS paste was higher than either rice or corn starch paste. Regarding pasting properties, the peak viscosity and cool paste viscosity of MBS were higher than those of either rice or corn starch. During the freeze-thaw cycle, MBS exhibited higher degree of syneresis than corn and rice starch, which decreased with high starch concentration and heating temperature. The paste properties and freeze-thaw stability of MBS showed a potential for improving the quality of omija-eui.

Electrophoretic Tissue Clearing and Labeling Methods for Volume Imaging of Whole Organs

  • Kim, Dai Hyun;Ahn, Hyo Hyun;Sun, Woong;Rhyu, Im Joo
    • Applied Microscopy
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    • v.46 no.3
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    • pp.134-139
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    • 2016
  • Detailed structural and molecular imaging of intact organs has incurred academic interest because the associated technique is expected to provide innovative information for biological investigation and pathological diagnosis. The conventional methods for volume imaging include reconstruction of images obtained from serially sectioned tissues. This approach requires intense manual work which involves inevitable uncertainty and much time to assemble the whole image of a target organ. Recently, effective tissue clearing techniques including CLARITY and ACT-PRESTO have been reported that enables visualization of molecularly labeled structures within intact organs in three dimensions. The central principle of the methods is transformation of intact tissue into an optically transpicuous and macromolecule permeable state without loss of intrinsic structural integrity. The rapidly evolving protocols enable morphological analysis and molecular labeling of normal and pathological characteristics in large assembled biological systems with single-cell resolution. The deep tissue volume imaging will provide fundamental information about mutual interaction among adjacent structures such as connectivity of neural circuits; meso-connectome and clinically significant structural alterations according to pathologic mechanisms or treatment procedures.

Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality (죄형법정주의에 입각한 건설기술 진흥법 제85조(벌칙) 고찰)

  • Kim, Eunbae;Lee, Hyun-Soo;Park, Moonseo;Son, Bosik
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.1
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    • pp.119-127
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    • 2016
  • Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.