• Title/Summary/Keyword: Punishment Rule

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A Test of Situational Action Theory for Explaining the Moderating Effect of Self-Control and Deterrence in Digital Piracy: Comparing Download with Upload Behavior (디지털 저작권침해 행위에서 상황행위이론의 적용을 통한 자기통제와 처벌억제의 조절효과: 다운로드와 업로드 행위의 비교)

  • Lee, Seong-Sik;Jang, Ha-Young;Lim, Su-Kyung
    • Journal of Digital Convergence
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    • v.19 no.4
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    • pp.9-17
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    • 2021
  • This study test a situational action theory for explaining online download and upload digital piracy and examines the moderating effect of self-control and punishment. Then it tests the moderating effect of self-control in high morality and low moral rule environments and tests the moderating effect of perceived punishment in low morality and high moral rule environments. Using data from 317 college students in Seoul, In case of download, results show that self-control does not control the effects of high morality and low moral rule on it. In addition, it is found that perceived punishment does not control the effects of low morality and high moral rule on it. In case of upload, results show that self-control does not control but increase the effects of high morality and low moral rule on it, while perceived punishment controls the effects of high morality and low moral rule on it.

Relationships Between Children's Moral Judgement, Moral Emotions and Moral Behavior (유아의 도덕적 판단력, 도덕적 감정과 도덕적 행동의 관계)

  • Kim, Jin Ah;Ohm, Jung Ae
    • Korean Journal of Child Studies
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    • v.27 no.2
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    • pp.85-100
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    • 2006
  • In this study of the relationship between moral judgment, moral emotions and moral behavior, 137 five-year-olds were interviewed to measure moral judgment and moral emotions. Their teachers measured children's moral behavior. Results showed that children judged moral and conventional rules by using the 4 criterion judgments of seriousness, rule contingency, generalizability and punishment. Children with highly felt moral emotions had higher scores in moral behavior. Moral judgment, moral emotions and moral behavior were highly interrelated. Children's moral behavior was related to rule contingency and generalizability. Their moral behavior was highly related to positive moral emotions. Positive moral emotions were related to the rule contingency and generalizability. Negative moral emotions were highly related to seriousness and punishment.

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Consideration of Improvement Plans about the Current Status and Problems of Administrative Disciplinary Action for the Ship Officers (해기사 행정처분 현황과 문제점 및 개선방안에 관한 고찰)

  • Na, Song-Jin
    • Journal of Navigation and Port Research
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    • v.43 no.3
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    • pp.153-159
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    • 2019
  • Marine accidents and legal violations result from mistakes and negligences of ship officers, deck officers and engine officers, during the ship navigation and lay days. Due to these accidents and violations, these officers are subjected to disciplinary actions for certification. The disciplinary action, namely certificate punishment is carried out by right rules, processes and equity. However, it is revealed that present situations are different from the principles. For the purpose of finding current states relating to certificate punishment, this study examines and analyses 737 punishment cases, accomplished in 'B' regional office of oceans & fisheries for 5 years from 2014 to 2018. The contents to be analyzed are reprimand agencies, certificate kinds, officers ranks at that time, disciplinary level, violated acts, annual reprimand state, punishment rule and it process, and disciplinary reduction levels. From such valuations various problems, such as disciplinary level deviations among laws, insufficient punishments rules, disciplinary certificate deviation, insufficient reprimand reduction rules, and lack function of crew administrative disciplinary council, are identified. Finally, methods to alleviate the problems identified will be proposed. This study, for the first time analyses the actual administrative disciplinary cases for ship officers'certificates and proposes improvement plans for its incorporation in Korea, This analysis will be useful in the examination of the study for the ship officers and making a plan for them.

Preschool Children's Judgment on Moral and Conventional Rules (유아의 도덕적 및 인습적 규칙에 대한 판단)

  • 최보가
    • Journal of the Korean Home Economics Association
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    • v.34 no.4
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    • pp.49-62
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    • 1996
  • This paper is to examine the development of Korean young children's judgement on moral and conventional rules. The subjects are 120 children, 30 each at four age levels; age 3(2.8-3.5), age 4(3.7-4.4), age 5(4.8-5.5), and age 6(5.7-6.5) in a day care center in Taegu. Results are summarized as follows: 1. In terms of nonpermissibility, there was a significant difference in regard to the moral and the conventional rule transgression between the group of age 3 years and three groups of ages 4, 5, and 6. 2. In terms of seriousness, there was a significant difference according to domain. Three groups ages 4, 5 and 6 years evaluate moral transgressions to be more serious than conventional transgressions. 3. In terms of rule contingency and generalizability, there was a significant difference in regard to the moral and conventional transgression between the group of age 3 years and three groups of ages 4, 5 and 6. 4. In terms of punishment, there was significant difference according to domain. Three groups of age 4, 5, and 6 years evaluate moral transgressions to be more punishable than conventional transgressions. 5. Children of age 5 with institutional experience do not make a distinction between moral and conventional rules on punishment criterion.

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Children's Perception of Parental Authority (부모의 권위에 대한 아동의 지각 연구)

  • Kim, Kyung Hi
    • Korean Journal of Child Studies
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    • v.8 no.2
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    • pp.45-60
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    • 1987
  • This research examined children's perception of parental authority within three different types of rules : moral, social-conventional, and personal issue. Specifically, two major aspects of parental authority-legitimacy and obedience-were explored. The subjects of this study were 120 children from an elementary school in Kwangju. There were 40 subjects (20 males and 20 females) in each of three age groups: 7-, 9-, and 11- year-olds. The subjects were administered an interview individually. Based on Tisak (1986) open-ended questions concerning three family rules (moral rule, social-conventional rule, personal issue) were administered. Responses to the assessment questions were coded as positive or negative. Responses to the judgment conception questions were coded into 7 categories : Other's Walfare, Social Coordination, Personal choice, Deservedness of Punishment for Wrongdoing, Existence of Authority, Conflicting Personal Interest and Authority, and Personal Development. Statistical analysis of obtained data was by percentage and ${\chi}_2$ test using log linear procedure. The results were as follows : (1) There was a significant main effect of type of rule on the children's assessment regarding legitimacy and obedience of parental authority. The children (average 96%) stated that it was all right for parents to make rules prohiliting an act when it pertained to moral and social conventions. However, the majority of the children (average 40%) stated that it was not right for parents to regulate personal issues. (2) There was a significant interaction effect between type of rule and age. (3) There was a significant main effect of rules on the children's judgment conception of parental authority. (4) There was a significant interaction effect between rules and ages on children's judgment conception of parental authority.

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Medical Practice and the Fundamental Rights: Approaching by Constitutional Interpretation (의료행위와 기본권: 헌법 해석적 접근)

  • Chang, Cheoljoon
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.11-34
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    • 2014
  • Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying "no one can practice medicine without the government-approved license." This regulation violates the rule of "void for vagueness" based on the principle of "nulla poena nullum crimen sine lege." Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for "holistic medicine." The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

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History of Guard System during the Period of Military Rule in the Goryeo Dynasty (고려 무신집권기 호위제도의 경호학적 고찰)

  • Lee, Sung-Jin;Cho, Sung-Jin
    • Korean Security Journal
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    • no.34
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    • pp.233-258
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    • 2013
  • In the early days of the Goryeo Dynasty, the royal guard was comprised of the central regular army in the 2-gun-6-wi system, and Nasungeomgun was in charge of the security inside the palace. However, the military system became disorganized during the period of military rule and the royal guard had to rely on military subjects. The military officials suppressed the civil ministers centering on Jungbang, the guarding organization close to the King to incapacitate the royal authority and control the state affairs. When the rule of the three leaders of the military rule became short-lived and Dae-seung Gyeong is raised to the ruler, he organized a do-or-die squad comprised of a hundred and more people for his personal safety, and this became the first dobang. Dobang was disassembled after Dae-seung Gyeong died of disease, but under the rule of Chung-heon Choe, Dae-seung Gyeong's dobang was revived and reinforced into 'Yukbeon Dobang' to provide the ruler with personal protection and intensify the ruling system, and it was quite a large organization with more refined system. Yukbeon Dobang was expanded and reinforced into Naeoedobang under the rule of Woo Choe, the son of Chung-heon Choe, and it was enhanced even more into Dobang Samsipyukbeon System under the rule of the grandson, Hang Choe. Dobang can be considered as the guard organization in modern sense, and it collected information and surveyed the area where guarding is required and house troops that belonged to Naedobang eliminated the risks that may follow afterwards to make assurance doubly sure for guarding. The Choe's regime established Mabyeolcho as a private guard organization in addition to dobang, and this formed the cavalry and infantry units with dobang. Yabyeolcho organized by Woo Choe in the reign of King Gojong was divided into Joabyeolcho and Ubyeolcho, and later Sineuigun was integrated with them to form Sambyeolcho. Originally, Yabyeolcho was established under the rule of Woo Choe to prevent crime in the evening, but after Sineuigun was organized with the ones who were captured by Mongolian army but escaped, in other words when Sambyeolcho was organized, the organization displayed much broader influence by covering military and police affairs as well as punishment and imprisonment. The guarding organization during the Period of Military Rule in the Goryeo Dynasty did not have strict distinction between official guard and personal guard. The private guard in modern days which is the equivalent of personal guard is characterized by its commerciality, however, house troops and the members of dobang did not seem to pursued profit. The guard organization during the period of military rule started from dobang which was organized for personal safety but gradually developed publicness through the participation of civil ministers and expansion, and later it played the pivotal role for social security serving official purpose up to the level where the distinction between official and private activities was blurred during the period of Sambyeolcho.

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Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

Extending the Scope of License Restrictions for Medical Personnel and Limiting Fundamental Rights - Focusing on the Revision of the Medical Law - (의료인의 면허제한 범위 확대와 기본권 제한 -의료법 개정안을 중심으로-)

  • Kwon, Ohtak
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.3-30
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    • 2021
  • Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

Humanism of The Movie by Foucault (푸코로 읽는 영화 <네버 렛 미 고>의 휴머니즘)

  • Choi, Young-Mi;Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.18 no.1
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    • pp.395-402
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    • 2018
  • This study aims to analyze the film "Never Let Me" by human value which is to be realized in the social structure suppressed by the power of life and the power of discipline in Foucault 's power theory. After 18century having changed monarch power holding the power of life-and-death that enforced corporal punishment, bio-power that corrected body and granted ability suitable discipline to people makes people worked like machine. In control of the bio-power, human achieved safe desire that cure disease and prolong life-span and worked as producer goods. School controls body and make people internalized rule using discipline for working bio-power efficiently. There is differentiation between this movie and the other about human clone. The clones adapt role as organ donator without resistance and there is no conflict between original and copy. Instead of preexistence novel and movie that is set in future, it is a form of past retrospect from the 1970s to 1990s. having emotions, They find independence ego and realize value of life in finite living by depending relation or undergoing loss.