• Korean journal of communication and information
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• v.38
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• pp.211-244
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• 2007

Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

• Journal of Science and Technology Studies
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• v.15 no.1
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• pp.181-214
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• 2015

This study analyzed the characteristics of the politics of technoscience and governance in South Korea, taking advantage of the policy changes on the stem cell research after Hwang's affair. In spite of generally accepted conventional wisdom that stem cell research had been suffering 'crisis' after the Hwang's affair, South Korea succeeded in developing the first and the largest stem cell product in the world. However, considering the fact that the stem cell research capabilities and technological competitiveness of Korea have been assessed as relatively low compared to the development performance, there is a need to extrapolate how such result could be achieved. To answer these questions, we analyzed changes in the R&D expenditure before and after the scandal and verified the 'crisis of stem cell research' following the reduction of financial support from government. From the analysis of literature on the policy reports and news, we described the process of discourse changes in policy and analyzed the characteristics of the politics of technoscience and governance of stem cell research. This study emphasized that the government R&D and regulation policy play the key roles in the development of stem cell research rather than in the technological competitiveness in South Korea. Furthermore, this study argued that democratic governance still does not work under the policy conditions that technocratic decision-making of stem cell research fails to learn from the Hwang's affairs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.1-29
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• 2018

This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

• Korean journal of communication and information
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• v.29
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• pp.233-269
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• 2005

The purpose of the study is to explore the characteristics of lawsuits against investigative reporting programs of the broadcast media. This study proposed three research questions: (1) what were the characteristics of court derisions on the investigative reporting programs? (2) what were the reasonings on which judges rely in the lawsuits for a right of reply? (3) what were the critical issues and how the libel laws were applied in balancing between the freedom of the press and the protection of individual rights. To answer these questions, the study employed quantitative and qualitative methods analysing 35 related cases. This study revealed that investigative reporting programs must deal with the Issues of 'public figures' and 'matters of public concern' to be protected under the freedom of the press. The study also found that the broadcast media must prove legitimate public interests and the truth of the facts to prevail in a case. In 1999, the Constitutional Court of Korea held that pubic figures in libel cases must be regarded differently from private figures. In accordance with the decision, the Supreme Court has applied differing criteria for public figures in libel cases. However, courts have not set a clear definition of the public figure yet. To advocate the freedom of the press, as the results of this study indicate, TV producers and journalists should behave lawfully in the course of newsgathering and provide the opportunities of reply for their news sources.

• Spatial Information Research
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• v.22 no.5
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• pp.43-52
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• 2014

Recently, Big Data is a buzzword in the creative economy generation. The organizations related to spatial information society focus on building the spatial big data systems. As spatial big data is a combination of spatial information and big data, the data visualization is essential in order to utilize them efficiently. One of the great methodologies for data visualization is infographics. Nationally, Chousn.com initiated the infographics news in 2010. Korean Administration Branches also recognized the importance of infographic and they adopted infographics for their briefings from 2013. Internationally, Visual.ly is leading company in the infographics market and they produced noticeable interactive infographics for Egypt Parliamentary Elections results. In the defense part, Guardian's datajournalism of Afghanistan war log was a good example of utilizing infographics. Throughout the research, five requirements are extracted. First source data should have precision and accuracy in terms of time and space manner. Second, infographics images have a compressibility. Third, the infographics is properly processed for military commanders. Fourth, sharing, openness and communication are essential for high quality infographic. Lastly, infographics should be an analytic tool for predicting future event based on the past data. Infographics is not a direct representation of data but an analytic tool for helping user's choice and decision in critical moments.

• Management & Information Systems Review
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• v.39 no.3
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• pp.83-98
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• 2020

This study analyzes how investors' irrational behavior (or pessimistic sentiment) affects stock market returns and investors' market activity using mass media that delivered public information from January 1998 to December 2012 as a sample. According to pessimistic investor theory, investor pessimism leads to downward pressure on the price of equity capital, thereby making market sentiment pessimistic and lowering market yields. It also shows that investor pessimism increases transaction costs in the market, which in turn dampens investors' trading activities. In other words, pessimistic reporting on public information disseminated by mass media induces investors to act irrationally, eventually having a direct impact on the stock market. This study conducted an empirical analysis of the existing theoretical and empirical studies using domestic mass media as a sample. First, the study revealed a negative correlation between pessimistic reporting and returns as well as excess returns, while it did not show statistically significant results. Second, evidence has been suggested that pessimistic sentiment in the stock market has a negative impact on future pessimistic reporting by mass media. Third, the analysis of the impact of pessimistic reporting on investors' market activity using proxy variables for various market activities found that pessimism dampens market activity, while it did not show statistically significant results. It is assumed that low statistical significance is due to the fact that sample collection was carried out on a monthly basis. While the results of the study have low statistical significance, statistical signs support predictions of the theory.

• Knowledge Management Research
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• v.22 no.3
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• pp.31-53
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• 2021

As a communication channel for individuals, social media is affecting various areas such as business, economy, politics, and society. One of the less-studied areas is the law. Therefore, this study collected various information from social media and analyzed its impacts on the legal decisions, especially the Supreme Court decisions in Korea. This study was conducted by compiling information from Internet news articles and public responses. We found that when the negative reactions from the public got higher, the trial duration until the supreme court making the final decisions became shorter. However, we were not able to find the significant relationship between social media reactions and dismissal of appeal nor annulment. Our study would contribute to the information systems and knowledge management research in a sense that the social analytics is applied to the area of legal decisions, instead of using conventional qualitative study methodology. Our study is also meaningful to the practitioners because that big data analytical business can be applied to the field of law by creating a new database for the emerging legal technology. Finally, law makers can think of a better way to standardize the legal decision process to minimize the reverse effects from social media.

• The Journal of Bigdata
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• v.8 no.1
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• pp.11-22
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• 2023

This research aimed to examine the public's perception of the "rate of sentence reduction for reasons of mental and physical weakness" and investigate if it aligns with the actual practice. Various sources, such as the Supreme Court's Courtnet search system, the number of mental evaluation requests, and the number of articles and comments related to "mental weakness" on Naver News were utilized for the analysis. The findings indicate that the public has a negative opinion on reducing sentences due to mental and physical weakness, and they are dissatisfied with the vagueness of the standards. However, this study also confirms that the court strictly applies the reduction of responsibility for individuals with mental disabilities specified in Article 10 of the Criminal Act based on the analysis of actual judgments and the number of requests for psychiatric evaluation. In other words, even though the recognition of perpetrators' mental disorders is declining, the public does not seem to recognize this trend. This creates a negative impact on the public's trust in state institutions. Therefore, law enforcement agencies, such as the police and prosecutors, need to enforce the law according to clear standards to gain public trust. The judiciary also needs to make a firm decision on commuting sentences for mentally and physically infirm individuals and inform the public of the outcomes of its application.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.15 no.4
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• pp.277-301
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• 2020

This study surveyed 503 adults to examine the effect of gaming disorder classification, recently announced by World Health Organization(WHO), when it is applied to Korean game market. Considering the difference in respondents' background knowledge on gaming disorder, half of the respondents were randomly assigned to read an informative news article describing WHO's decision and its expected effect on domestic game industry. Based on previous literature of gaming disorder, we categorized respondents into a normal-use group and a potentially problematic-use group. As a result of analyses, it was found that the gaming disorder classification would yield overall reduction of game-related consumption in terms of gaming time(24%), game cost(28%), the number of games(22%), etc. The potentially problematic group showed higher willingness to pay for gaming than the normal group did, even if the game cost presumably increases due to the gaming disorder classification. A similar outcome was observed in those with high stress levels. This implies that the policy to solve game addiction problems may ironically lead to unexpected cost increases to the target group of the policy. Hence, problematic groups, especially, highly stressful people and the people with the lack of self-control, need to be considered when the gaming disorder classification policy is established. Furthermore, the informative news article had the preventive effect on the attitude and the intention of the people with moderate or high self-control capacity, but not to the people with gaming-additive tendencies, Again, this finding confirms the necessity of the tweezers policy to refine target groups by their characteristics and prepare for differentiated policies. When the gaming disorder classification is simply adopted with no consideration of domestic circumstances, irreversible loss could affect Korean game users, game industries, and related companies. This calls for urgent cooperation between academia, government, and industry to set up appropriate measures to deal with the gaming disorder classification.

• Korean journal of communication and information
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• v.46
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• pp.449-484
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• 2009

It has been said that Gwangjudream, nevertheless a free press, plays a role as a local press that it should be, in a situation that other local papers do not. This study aims to reveal the forces that influence the article production of Gwangjudream, and to examine the interrelations between them, through using the methods of participant observations and depth interviews. In this course, it is eventually purpose of providing more deep understandings on the present circumstances and problems of the local papers and having a chance to concern the concrete ways to enhance them. This study results in revealing the five forces that primarily influence the article production of Gwangjudream: 1) as a historical force, keeping the spirit of the first publication that look forward to playing a role as a local press that it sound be, 2) as an individual force, the habitus of its members that is critical of mainstream society and culture, 3) as an organizational force, non-hierarchical culture and the independence of the editorial rights, 4) as a habitual force, the deny of beat system, 5) as an economical force, the power of sponsors, financial poorness, and the competition for attracting subscribers. While the historical force and the individual force play a role as fundamental circumstances and the organizational force and the habitual force as practical circumstances for producing articles, they encourage to emerge the characteristics of the articles that are related to citizens' everyday life and reflect locality, and criticize and keep an eye on government and other public offices. However, the economical force provides the circumstances that weaken the characteristics of Gwangjudream. The results of this study question the perspective to overly regard it as coming from their economical weakness that the local newspaper do not play a role as a local press that it should be.