• Title/Summary/Keyword: Sentencing

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A Modified Single Sampling Plan for the Inspection of Attribute Quality Characteristics

  • Subramani, J.;Balamurali, S.
    • Industrial Engineering and Management Systems
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    • v.15 no.1
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    • pp.41-48
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    • 2016
  • In this manuscript, a modified single sampling plan is proposed for the inspection of products in which the nonconforming items can be classified in to two categories namely critical and non-critical; and explained with the help of industrial example. The operating procedure of this plan is also proposed and the performance measures such as the probability of acceptance, average sample number, average total inspection and average out going quality are also derived. The optimal parameters are determined which will have minimum sample size. The efficiency of the proposed plan is also discussed over the conventional single sampling plan. The extensive tables for selecting a modified single sampling plan based on AQL and LQL are provided for both Binomial and Poisson distributions and explained with the help of industrial data.

Juror Judgmental Bias in Korean Jury Trial: Sentencing Demand and Anchoring Effect (사법적 의사결정시 나타나는 배심원 판단편향: 검사구형량의 정박효과)

  • Lee, Yumi;Cho, Young Il
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.329-347
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    • 2020
  • When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

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Differences in the judgment of sexual violence involving juvenile victim by authoritarianism and rape myth acceptance (권위주의 성격과 강간 통념 수용도에 따른 청소년 성범죄 사건에서의 판단 차이)

  • Lee, Yerim;Park, Jisun
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.75-97
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    • 2021
  • This study investigated whether judgments of sexual violence involving juvenile victims vary by history of victim's juvenile prostitution, victim's behavior conforming to stereotypes of an "ideal" victim, and relationships between victim and perpetrator. The study also examined the effects of participants' level of authoritarianism and rape myth acceptance on their judgments of sexual violence. A total of 335 participants(170 females, 165 males) in their 20s to 50s assessed the degree of victim blaming and perpetrator sentencing. This study examined the effects of participants' gender and age on the judgments of victim blaming and perpetrator sentencing, and the mediation effects of authoritarianism and rape myth acceptance. As a result, participants blamed the victim more and imposed a lighter sentence on the perpetrator when the juvenile victim did not conform to the image of an "ideal" victim of sexual violence as opposed to a "typical victim". They also blamed the victim more when the victim and the perpetrator met through a chat application than when the victim and the perpetrator had known each other. Male participants as opposed to female participants blamed the victim more, punished the perpetrator more lightly, and exhibited a higher level of authoritarianism and rape myth acceptance. The older the participants were, the more they blamed the victim and the higher they demonstrated rape myth acceptance. The effect of the participants' gender on the judgment of the perpetrator punishment was mediated by rape myth acceptance, and the effect of the participants' gender and age on the victim blaming was mediated by authoritarianism and rape myth acceptance.

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Contested terrain - Conflicts between BOK(body of knowledge) of interior design and HSW(health, safety, welfare) ethos of profession - (갈등의 영역 - 실내디자인의 지식체계와 프로페션의 건강, 안전, 복지 에토스와의 갈등 -)

  • Kim, Duk-Su
    • Korean Institute of Interior Design Journal
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    • v.21 no.6
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    • pp.177-185
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    • 2012
  • The endowed privilege to an established profession acts as an important motivation related to professionalization of occupations. The established profession enjoys cognitive, legal, and economic privilege. This study analyzes the professionalization process of interior design. Specifically, the study evaluates the suitability of the body of knowledge and professional ethos(i.e., protection of citizen's health, safety, and welfare), while analyzing the professionalization of interior design in the United States. The research aims at proposing a reference point for the professionalization of Korean interior design. Utilized data include research paper, court sentencing, and reports published by related professional organizations. The study concludes that 3E's are a means of professionalization of interior design, while separating interior design from interior decorating. In addition, there is no evidence to the protection of citizen's HSW. Rather, it increases service costs and restricts the job opportunities. When the public is not persuaded, the argument related to the necessity of license for the protecting citizen's HSW can be consumed as a mere rhetoric, concealing intentions for formulating a cartel. Thus, this study proposes that the professionalization of interior design may focus on the establishment of identity and body of knowledge, which are specific to interior design.

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Japanese Postwar Literary Trial and Pacific Constitution of Japan: Significance of 'Chatterley Trial' (패전 후 일본의 문예재판과 평화헌법 - '채털리 재판'의 의의 -)

  • Kim, Junghee
    • Cross-Cultural Studies
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    • v.47
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    • pp.27-51
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    • 2017
  • This paper considers opposition between lawyers to defend human rights which the Pacific Constitution of Japan guarantees and the public power represented by the prosecution's judicial power centered on sentencing in the 'Chatterley Trial' that was a Japanese representative literary trial which occurred after World War II. The lawyers' assertion is against the public power which reminds us of the Press Act before the war defeat. Although censorship is banned in the constitution, and it can be said that it is not a dimension just to protest the check of custom but the struggle not to reenact the past Japan.

A Brief Overview of the Global Cartel Cases Brought by the Antitrust Division, U.S. Department of Justice (미 법무부 독점금지국에 의해 다루어진 글로벌 카르텔 사례에 대한 개관)

  • 크리스토퍼 J. 켈리;추명훈
    • Journal of Korea Fair Competition Federation
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    • no.73
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    • pp.2-12
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    • 2001
  • 미 법무부의 독점금지국(the Antitrust of the U.S. Department of Justice)은, 지난달 제일제당과 두 일본기업이 미 독점금지법 위반을 인정하는데 동의했다고 발표하였다. 미 법무부 독점금지국은 미국 상거래에 영향을 주는 호전적 카르텔에 있어서는, 연루된 기업의 국적에 상관없이, 또한 그 기업이 미국 역내에 있느냐 역외에 있느냐를 불문하고 자국의 독점금지법을 일괄적으로 적용해 오고 있다. 따라서 이런 기업들은 미국 독점금지법하에서 벌금이나 심지어는 금고형으로부터 자유로울 수가 없는 것이 현실이다. 미 법무부의 독점금지국은 판사의 형 선고 재량권을 현저하게 약화시킨 형 선고에 관한 지침(United States Sentencing Guidelines), 그리고 카르텔 공동협력에 있어 공모에 대한 증거제공 및 공동행위를 신고한 기업에 대해 형량감경제도(Corporate Leniency policy)를 효율적으로 운영함으로써 지난 몇 년간 미국 역외에서 발생한 공동행위에 대해 수많은 형사적 유죄판결을 받아내었다. 지난 수십년간 독점금지국은 가격고정, 입찰담합, 시장할당 그리고 셔먼법에 의해 당연위법으로 인정되는 경쟁자간의 합의에 관련된 기업들과 개인들에 대해 조사하고 형사적으로 소추해왔다. 이 모두는 불합리하게 거래를 제한하는 합의로 독점금지법에 의해 금지되는 행위들이다. 연방법은 현재 셔먼법 위반에 대한 벌칙으로 거래를 제한하는 공모에 합의함으로써 셔먼법을 위반한 기업에게는 최고 1,000만 달러, 개인에게는 최고 35만 달러의 벌금을 부과할 수 있으며 최장 3년간의 징역에 처해 질 수 있다고 규정하고 있다. 그러나 벌금액은 1987년의 형사벌금개선법(The Criminal Fines Improvements Act: 법원이 개인 및 기업에 대한 범죄에 의해 야기된 이익이나 손실의 두 배에 해당하는 금액 중 더 큰 금액을 선택적으로 부과할 수 있다는 규정)에 의해 극적으로 늘어나고 있다. 이 논고에서는 미 법무부 독점금지국이 글로벌 카르텔과의 전쟁을 성공적으로 수행하게 된 과정을 간략하게 검토하고, 그 과정에서 다루어진 중요한 사건 중 두 사례를 선정해서 고찰해 보기로 하겠다.

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Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

An Exploratory Investigation of Archival Reference Services in the National Archives of Korea (국가기록원의 기록제공서비스에 관한 탐색적 연구)

  • Seol, Moon-Won
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.3
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    • pp.103-124
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    • 2022
  • This study aims to suggest the use-based policies for archival reference service by investigating the actual archival uses and services of the National Archives of Korea (NAK). Considering that there is little information on the overall archival reference service by NAK, an exploratory research method is adopted to understand the current status and issues of the service. In this study, the use of archival records in NAK is investigated from statistical data, and service cases by record type are collected through interviews with archival service professionals of NAK. Then, the success and risk factors of the archival reference service are analyzed in three categories of human resources (reference archivists' competency), tools (finding aids), and records (appropriateness and sufficiency). Based on these analyses, archival reference service policy directions are proposed to strengthen the two different archival roles as "arsenal of rights protection" and "academic information provider."

A Study on the Use of Criminal Justice Information Big Data in terms of the Structuralization and Categorization (형사사법정보의 빅데이터 활용방안 연구: 구조화 범주화 관점으로)

  • Kim, Mi Ryung;Roh, Yoon Ju;Kim, Seonghun
    • Journal of the Korean Society for information Management
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    • v.36 no.4
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    • pp.253-277
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    • 2019
  • In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.

Growth of Felonies after the 1997 Financial Crisis in Korea (외환위기 이후 흉악범죄의 증가와 정부의 범죄억지정책)

  • Kim, Duol;Kim, Jee Eun
    • KDI Journal of Economic Policy
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    • v.31 no.2
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    • pp.155-194
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    • 2009
  • The Korean economy successfully overcame the macroeconomic downturns driven from the Asian financial crisis in a very short period of time. The economic shock, however, generated a variety of social problems, one of which was the increase in felonies (homicides, robbery, rape, and arson), or degradation of public safety. We argue that the Korean criminal policy has not been effective to ameliorate the rising trends in crime caused by the financial crisis. In order to substantiate this claim, we assess the effectiveness of criminal policy: policing, sentencing, and corrections. First, there has been resource shortage in policing since the 1997 financial crisis. For the past ten years, the investment of human resource and budget in the police has been virtually stagnant, as well as in prosecutors' investigation activities. The insufficient resource allocation in policing caused a huge decline in arrest rates and prosecution rates. Second, the Korean judicial system has not increased the severity of punishment. Comparing the pre- and the post-financial crisis period, the average length of prison sentence by the courts has declined. Given the degrading in the quality of crime and the decreasing amount of inputs into the policing and prosecution, the government should have increased the severity of punishment to deter crime. Third, we found that the government hired more officers and allocated larger budget into prison and probation. However, it is difficult to suggest that the increased level of resources in correctional programs have been effective in preventing released prisoners from committing future crimes. This is because the number of repeat offenders convicted of more than a third offense increased dramatically since 1997, pushing felonies upward. In sum, the government organizations failed to respond respectively or to make coordinated actions, eventually causing a dramatic increase in crimes. This research brings explicit policy implications. In order to prevent possible additional degradation of public safety, the government must put more efforts into increasing the effectiveness of policy and to investing more resources into said policies. We also emphasize the importance of the institutional mechanisms which foster policy coordination among the Police, the Prosecutor's Office, the Ministry of Justice, and other relevant government organizations.

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