• Korean Security Journal
• /
• no.46
• /
• pp.113-140
• /
• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• Asia pacific journal of information systems
• /
• v.17 no.2
• /
• pp.49-81
• /
• 2007

Research in the IS (Information Systems) outsourcing has focused on the importance of legal contracts and partnerships between vendors and clients. Without detailed legal contracts, there is no guarantee that an outsourcing vendor would not indulge in self-serving behavior. In addition, partnerships can supplement legal contracts in managing the relationship between clients and vendors legal contracts by itself cannot deal with all the complexity and ambiguity involved with IS outsourcing relationships. In this paper, we introduce a psychological contract (between client and vendor) as an important variable for IS outsourcing success. A psychological contract refers to individual's mental beliefs about his or her mutual obligations in a contractual relationship (Rousseau, 1995). A psychological contract emerges when one party believes that a promise of future returns has been made, a contribution has been given, and thus, an obligation has been created to provide future benefits (Rousseau, 1989). An employmentpsychological contract, which is a widespread concept in psychology, refers to employer and employee expectations of the employment relationship, i.e. mutual obligations, values, expectations and aspirations that operate over and above the formal contract of employment (Smithson and Lewis, 2003). Similar to the psychological contract between an employer and employee, IS outsourcing involves a contract and a set of mutual obligations between client and vendor (Ho et al., 2003). Given the lack of prior research on psychological contracts in the IS outsourcing context, we extend such studies and give insights through investigating the role of psychological contracts between client and vendor. Psychological contract theory offers highly relevant and sound theoretical lens for studying IS outsourcing management because of its six distinctive principles: (1) it focuses on mutual (rather than one-sided) obligations between contractual parties, (2) it's more comprehensive than the concept of legal contract, (3) it's an individual-level construct, (4) it changes over time, (5) it affects organizational behaviors, and (6) it's susceptible to organizational factors (Koh et al., 2004; Rousseau, 1996; Coyle-Shapiro, 2000). The aim of this paper is to put the concept, psychological contract commitment (PCC), under the spotlight, by finding out its mediating effects between legal contracts/partnerships and IS outsourcing success. Our interest is in the psychological contract commitment (PCC) or commitment to psychological contracts, which is the extent to which a partner consistently and deeply concerns with what the counter-party believes as obligations during the IS project. The basic premise for the hypothesized relationship between PCC and success is that for outsourcing success, client and vendor should continually commit to mutual obligations in which both parties believe, rather than to only explicit obligations. The psychological contract commitment playsa pivotal role in evaluating a counter-party because it reflects what one party really expects from the other. If one party consistently shows high commitment to psychological contracts, the other party would evaluate it positively. This will increase positive reciprocation efforts of the other party, thus leading to successful outsourcing outcomes (McNeeley and Meglino, 1994). We have used matched sample data for this research. We have collected three responses from each set of a client and a vendor firm: a project manager of the client firm, a project member from the vendor firm with whom the project manager cooperated, and an end-user of the client company who actually used the outsourced information systems. Special caution was given to the data collection process to avoid any bias in responses. We first sent three types of questionnaires (A, Band C) to each project manager of the client firm, asking him/her to answer the first type of questionnaires (A).

• The Korean Society of Law and Medicine
• /
• v.17 no.2
• /
• pp.145-173
• /
• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.3-39
• /
• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• Journal of Internet Computing and Services
• /
• v.16 no.2
• /
• pp.77-83
• /
• 2015

Frequent pattern mining, which is one of the major areas actively studied in data mining, is a method for extracting useful pattern information hidden from large data sets or databases. Moreover, frequent pattern mining approaches have been actively employed in a variety of application fields because the results obtained from them can allow us to analyze various, important characteristics within databases more easily and automatically. However, traditional frequent pattern mining methods, which simply extract all of the possible frequent patterns such that each of their support values is not smaller than a user-given minimum support threshold, have the following problems. First, traditional approaches have to generate a numerous number of patterns according to the features of a given database and the degree of threshold settings, and the number can also increase in geometrical progression. In addition, such works also cause waste of runtime and memory resources. Furthermore, the pattern results excessively generated from the methods also lead to troubles of pattern analysis for the mining results. In order to solve such issues of previous traditional frequent pattern mining approaches, the concept of representative pattern mining and its various related works have been proposed. In contrast to the traditional ones that find all the possible frequent patterns from databases, representative pattern mining approaches selectively extract a smaller number of patterns that represent general frequent patterns. In this paper, we describe details and characteristics of pattern condensing techniques that consider the maximality or closure property of generated frequent patterns, and conduct comparison and analysis for the techniques. Given a frequent pattern, satisfying the maximality for the pattern signifies that all of the possible super sets of the pattern must have smaller support values than a user-specific minimum support threshold; meanwhile, satisfying the closure property for the pattern means that there is no superset of which the support is equal to that of the pattern with respect to all the possible super sets. By mining maximal frequent patterns or closed frequent ones, we can achieve effective pattern compression and also perform mining operations with much smaller time and space resources. In addition, compressed patterns can be converted into the original frequent pattern forms again if necessary; especially, the closed frequent pattern notation has the ability to convert representative patterns into the original ones again without any information loss. That is, we can obtain a complete set of original frequent patterns from closed frequent ones. Although the maximal frequent pattern notation does not guarantee a complete recovery rate in the process of pattern conversion, it has an advantage that can extract a smaller number of representative patterns more quickly compared to the closed frequent pattern notation. In this paper, we show the performance results and characteristics of the aforementioned techniques in terms of pattern generation, runtime, and memory usage by conducting performance evaluation with respect to various real data sets collected from the real world. For more exact comparison, we also employ the algorithms implementing these techniques on the same platform and Implementation level.

• Korean Journal of Hospice Care
• /
• v.6 no.1
• /
• pp.1-11
• /
• 2006

There are various understandings how to define death. In the context of medicine, death is defined as the irreversible change of the tissue according to the cessation of circulation and respiration. According to the psychologists, a person need to accept the finiteness as a human being and remain conscious that the death is not avoidable. And they say if a person doesn't regard death as unavoidable reality of life he or she will not confront the humanistic death and after all will die like animals. In philosophy, death is viewed as an unwelcome reality in the end of the journey of life. Sociologists usually understand that the society is the organization composed with living persons and human beings which construct and transmit the culture from generation to generation between the both ends of life and death. In society, the generation is changed, maintained, and developed through the phenomenon of death. Although death of human being is natural event in society, the death of a specific person brings a sense of loss, crisis, and anxiety to the communities like family, regional society, nation, and the world. In this context, death is not confined to personal dimension and it can be regarded as a social problem. It is valuable to summarize the religious perspectives on the meaning of death for the better hospice care. In shamanism, there are basic idea that although the flesh of human being disappears, soul never die. If human dies, the flesh of human being disappears but soul never disappear and come back to the origin of soul as it is called chaos. So in shamanism, it is said that shaman can solve the mortified feeling, restore the broken harmony, send the soul to comfortable space- the origin, and guarantee the blessing of descendents. Buddhists regard the death as an essential component through the cycles of life. Through this cycle, human being exits as an endlessly transmigrating being and the death is just a restoration to the original status. In Confucianism, the view on the death based on the philosophy of the "Yin and Yang" and "Five elements". In Buddhist tradition, many believers said the philosophy of "Death is the same as life". Unlike usual thoughts that a god governs "life and death" and "fortune and misfortune", Confucianists deny the governance of a god and emphasize the natural orders in which every phenomenon in the world moves according to the principle. Confucianists understand the death as a natural order with this principle. In Confucianists' belief, the essence of human being remains in their own descendent's lives after the death of ancestor, so in Confucianism there is no concept of immortality of the soul. In the history of Christianity, death has been defined generally as the separation of the immortal soul from the mortal body. In the earlier days of Old Testament, the death is regarded as a disappearance of just a flesh and human never disappear and always live in the relationship with God. Later days in Old Testament, we can find the growing concern for the life after the death because of the entrance of the theodicy. In the New Testament, the death is not regarded as the normal process of the human life and regarded as the abnormal status in which death come to human because of sin as a decisive factor and it should be conquered. In fact, the most of us afraid death because not of the fear of death itself but of the sense of the emptiness and regrets. so many people often make the monument hoping to live forever. But Christian usually regard this behavior as a sinful act because human being usually think themselves as a master of their life and attempt to become immortal in this kind of trial mortal. But if we live with God, we cannot confront such a condition because we aware limits as a mortal human being and entrust everything on Him and want to live according to His guidance. Therefore, in the Christian tradition, the death is regarded as accomplishment of life, fruits of life, invitation to the eternal life, and the last stage of human growth. For human being, the death is the great step of maturation as a human in the final stage of life.

• Journal of the Institute of Electronics Engineers of Korea SD
• /
• v.47 no.2
• /
• pp.21-31
• /
• 2010

This paper presents a design of PLL and SSCG for reducing the EMI effect at the electronic machinery and tools for DisplayPort application. This system is composed of the essential element of PLL and Charge-Pump2 and Reference Clock Divider to implement the SSCG operation. In this paper, 270MHz/162MHz dual-mode PLL that can provide 10-phase and 1.35GHz/810MHz PLL that can reduce the jitter are designed for 2.7Gbps/162Gbps DisplayPort application. The jitter can be reduced drastically by combining 270MHz/162MHz PLL with 2-stage 5 to 1 serializer and 1.35GHz PLL with 2 to 1 serializer. This paper propose the frequency divider topology which can share the divider between modes and guarantee the 50% duty ratio. And, the output current mismatch can be reduced by using the proposed charge-pump topology. It is implemented using 0.13 um CMOS process and die areas of 270MHz/162MHz PLL and 1.35GHz/810MHz PLL are $650um\;{\times}\;500um$ and $600um\;{\times}\;500um$, respectively. The VCO tuning range of 270 MHz/162 MHz PLL is 330 MHz and the phase noise is -114 dBc/Hz at 1 MHz offset. The measured SSCG down spread amplitude is 0.5% and modulation frequency is 31kHz. The total power consumption is 48mW.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.34 no.4
• /
• pp.57-65
• /
• 2016

Maeul-soop(Village forest) is a key element of Korean traditional village landscape historically and culturally. However, a number of Maeul-soops have been lost or declined due to various influences since the modern age. For this Maeul-soop that has a variety of conservation values including historical, cultural and ecological ones, attention and efforts for a systematic conservation and restoration of Maeul-soop are needed. The purpose of the present study is to provide information on ecological restoration and sustainable use and management of Maeul-soops based on component plant species, habitat and location characteristics of 499 Maeul-soops spread throughout Korea. Major six categories of threat factors to Maeul-soop ecosystem were identified and the influence of each factor was evaluated. For the evaluation of weight by threat factors for the influence on the vulnerability of Maeul-soop ecosystem, more three-dimensional analysis was conducted using Analytic Hierarchy Process (AHP) analysis method. In the results of evaluation using AHP analysis method, reduction of area, among six categories, was spotted as the biggest threat to existence of Maeul-soops. Next, changes in topography and soil environment were considered as a threat factor of qualitative changes in Maeul-soop ecosystem. Influence of vegetation structure and its qualitative changes on the loss or decline of Masul-soop was evaluated to be lower than that of changes in habitat. Based on weight of each factor, the figures were converted with 100 points being the highest score and the evaluation of vulnerability of Maeul-soop was conducted with the converted figures. In the result of evaluation of vulnerability of Maeul-soops, grade III showed the highest frequency and a normal distribution was formed from low grade to high grade. 38 Maeul-soops were evaluated as grade I which showed high naturality and 10 Maeul-soops were evaluated as grade V as their maintenance was threatened. Also in the results of evaluation of vulnerability of each Maeul-soop, restoration of Maeul-soop's own area was found as top priority to guarantee the sustainability of Maeul-soops. It was confirmed that there was a need to prepare a national level ecological response strategy for each vulnerability factor of Maeul-soop, which was important national ecological resources.

• Journal of Korean Classical Literature and Education
• /
• no.38
• /
• pp.175-200
• /
• 2018

From the point of view of the law and public morals in Yi-dynasty, it is possible to discover new meanings in the love of Chunhyang and Mongryong-Lee, the conflicts between Chunhyang and Hakdo-Byeon, and the rescue of Chunhyang by Mongryong-Lee as a secret royal inspector. First, although the love of Chunhyang and Mongryong-Lee was against the law and public morals of Yi-dynasty, the narrator did not call to account, but he described the love as a romantic and new one conflicting with the ruling system. And it was an unprecedented case that Chunhyang asked a written contract as a legal guarantee for marriage when Mongryong-Lee courted her. Second, Hakdo-Byeon, the Namwon county governor, accused Chunhyang, a female entertainer of the Namwon county, of disobedience to his oder and contempt of him, and interrogated her with torture when she denied his demand for bed service which was prohibited by law. Chunhyang refuted against him and regarded his demand for bed service as the rape of a married woman. In this process, narrator sharply contrasted Chunhyang's claim for human rights with Hakdo-Byeon's legal administration. Characters such as people of Namwon county and king did not call Mongryong-Lee to account for that he, as a secret royal inspector, allegedly used his power privately to rescue his sweetheart Chunhyang from Hakdo-Byeon's illegal oppression. These different judgements on legal administrations of Hakdo-Byeon and Mongryong-Lee came from the legal emotion of characters and reading publics of . Namely, people who sympathized with Chunhyang's claim for love and human rights had the legal emotion that Mongryong-Lee's administrative order suspending Hakdo-Byeon's govenor's status could be approved as an legal and exciting one. Therefore the love of Chunhyang and Mongryong-Lee implied a new legal emotion which based on the sympathy with Chunhyang's human rights consciousness, and regarded the positive law of Yi - dynasty as one behind times.

• Journal of Korean Philosophical Society
• /
• v.145
• /
• pp.91-117
• /
• 2018

This paper aims to clarify the similarities and differences between the Zhouyi and artificial intelligence. The divination of the Zhouyi is rooted in the oldest system of human knowledge, while artificial intelligence stands at the cutting edge of modern scientific revolution. At first sight, there does not appear to be any association that links the one to the another. However, they share the same ground as seen from a semiotic standpoint because both of them depend on the semiotic system as a means of obtaining knowledge. At least four aspects can be pointed out in terms of similarities. First, artificial intelligence and the Zhouyi use artificial language that consists of semiotic signs. Secondly, the principle that enables divination and artificial intelligence lies in imitation and representation. Thirdly, artificial intelligence and the Zhouyi carry out inferences based on mathematical algorithms that adopt the binary system. Fourth, artificial intelligence and the Zhouyi use analogy as a means of obtaining knowledge. However, those similarities do not guarantee that the Zhouyi could arrive at the scientific certainty. Nevertheless, it can give us important insight into the essence of our civilization. The Zhouyi uses intellect in order to get new information about the unknown world. However, it is hard to know what kind of intellect is involved in the process of divination. Likewise, we do not know the fundamental character of artificial intelligence. The intellect hidden in the unknown subject is a mystic and fearful existence to us. Just as the divination of the Zhouyi inspires the sense of reverence toward the supernatural subject, we could not but have fear in front of the invisible subject hidden in artificial intelligence. In the past, traditional philosophy acknowledged the existence of intellect only in conscious beings. Nonetheless, it becomes evident that human civilization ushers into a new epoch. As Ray Kurzweil mentioned, the moment of singularity comes when artificial intelligence surpasses human intelligence. In my viewpoint, the term of singularity can be used for denoting the critical point in which the human species enters into the new phase of civilization. To borrow the term of Shao Yong(邵雍) in the Northern Song Dynasty, the past civilization belongs to the Earlier Heaven(先天), the future civilization belongs to the Later Heaven(後天). Once our civilization passes over the critical point, it is impossible to go back into the past. The opening of the Later Heaven foretold by the religious thinkers in the late period of Joseon Dynasty was a prophecy in its own age, but it is becoming a reality in the present.