• Title/Summary/Keyword: principle

Search Result 10,449, Processing Time 0.032 seconds

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
    • /
    • v.12 no.7
    • /
    • pp.156-168
    • /
    • 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.

The Complementarity of the Principal Principle and Conditionalization (주요 원리와 조건화의 상호보완성)

  • Park, Ilho
    • Korean Journal of Logic
    • /
    • v.21 no.3
    • /
    • pp.321-352
    • /
    • 2018
  • This paper is intended to examine a relationship between the Principal Principle and Conditionalization. For this purpose, I will first formulate several versions of the Principal Principle and Conditionalization in Section 2. In regard to the relationship between the two norms in question, I will show in Section 3 that the Principal Principle and Conditionalization are complementary in two particular senses. The first complementarity is that we don't have to formulate every version of the Principal Principle if the credences evolves by means of Conditionalization. The second complementarity is that we don't have to require for rational agents to update overall credal state by means of Conditionalization if the agent satisfies the Principal Principle. This result can be regarded as a result that criticizes and supplements some existing works about the relationship between the norms.

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

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
    • /
    • v.49 no.1
    • /
    • pp.178-189
    • /
    • 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.

An Analysis of Discourses on Interpreting and Applying the Principle of Provenance in Archival Organization (기록관리 원칙의 해석과 적용에 관한 담론 분석 출처주의를 중심으로)

  • Seol, Moon-won
    • The Korean Journal of Archival Studies
    • /
    • no.52
    • /
    • pp.59-117
    • /
    • 2017
  • This study aims to logically investigate the changing interpretation and implementation of the principle of provenance by using an argument model for discourse analysis. First, it divides the history of discourses on the principle from the Dutch Manual publication of 1989 up to the present into four areas, which includes establishing, diffusing, transforming, and expanding or deconstructing, and articulates the core discourses of each. Second, it designs the argument model for analyzing the discourses on the principle by applying Toulmin's argument model and Dunn's policy argument model. Third, it selects the articles and books that cover the core discourses of the principle, and analyzes their contents in consideration of the argument model. Fourth and finally, it presents four argument models corresponding to each area of the discourses.

Exceptions and Practical Operations to Independent Payment Obligation of Issuer under L/C Transactions (신용장발행은행의 독립지급의무의 실무적인 운용과 예외)

  • Kim, Sun-Ok
    • Korea Trade Review
    • /
    • v.43 no.4
    • /
    • pp.89-110
    • /
    • 2018
  • This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

  • PDF

Effect of Elementary Students' Understandings about Principle of Land and Sea Breeze Using Incense Smoke on the outside of Convection Current Box as a Scaffold in Convection Current Box Experiment (대류상자 밖의 향 연기 이동을 비계로 활용한 대류상자 실험이 초등학생들의 해륙풍의 원리 이해에 미치는 효과)

  • Kang, Wonmi;Shin, Aekyung;Hyun, Donggeul;Chae, Donghyun
    • Journal of the Korean Society of Earth Science Education
    • /
    • v.8 no.3
    • /
    • pp.387-398
    • /
    • 2015
  • The purposes of this study were to analyze the effect of a scaffold to help in understanding the principle of land and sea breeze through the convection current box experiment and to analyze the students' inference abilities and analogy abilities. For this purpose, the 60 elementary students who had not learned the principle of land and sea breeze were surveyed and analyzed. When using the scaffold to compare the movement of the incense smoke in the convection current box with that of the incense smoke on the outside of the convection current box, the rate of the students who correctly understood the principle of the land and sea breeze between the sea and the land was very low. The result shows that the scaffold used in this study do not help sufficiently in understanding the principle of the land and sea breeze through analogy and it is necessary to introduce a new scaffold for the elementary students to understand it.

A Study on Correlation between Extra Meridians and the nutritive Gi (營衛) & the defensive Gi (衛氣) (영위와 기경맥의 상관성 연구)

  • Cho, Yong-Ju;Kim, Jin-Ju
    • Korean Journal of Acupuncture
    • /
    • v.24 no.2
    • /
    • pp.1-17
    • /
    • 2007
  • Objectives : Extra Meridians are important conception for the proper comprehension of the defensive Gi & the defensive Gi, and the principle of the Gi (氣)‘s flow or diffusion. Methods : Extra Meridians could be explained by an anatomical feature and a functional stage. We should analyze the principle of samhap (三合) to have application to meridians. The study of the relationship between Extra Meridians and regular meridians (12正經) is useful to understand origination of the defensive Gi & the nutritive Gi. Results : The origination of the nutritive Gi & the defensive Gi could be interpreted by the principle of samhap correctly. The energic patterns in the flow of Gi (氣) are changed by cooperation with Extra Meridians and regular meridians (12正經). Conclusions : We could inferred that growth, disease, health, etc are controlled in cooperation with Extra Meridians (寄經脈) and the nutritive Gi & the defensive Gi (營衛). Extra Meridians take many parts in origination of the nutritive Gi & the defensive Gi, in the flow or diffusion of them but various energies are controlled basically by regular meridians (12正經). The defensive Gi is originated by Penetration Vessel (衝脈)) and it seems to be made by the principle of samhap (三合) in the process of the nutritive Gi flow (瀯氣流注).

  • PDF

An Association of Kyung-Rak Principle and Autonomic Nerve Theory related with Ryodoraku of Patients with Gastric Dysmotility and Gastric Ulcer (위장질환 환자의 양도락에 대한 경락학설과 자율신경이론의 연관성에 대한 연구 (위 운동장애형 소화불량증과 위궤양 환자의 증례를 대상으로))

  • Yoon, Sang-Hyub
    • The Journal of Internal Korean Medicine
    • /
    • v.31 no.4
    • /
    • pp.837-845
    • /
    • 2010
  • It has been shown that bilateral decrease of point H4,5,6 in Ryodoraku test is related with gastric dysmotility. This suggested that the system of Kyung-Rak related with anatomical gastric disease may not be the Stomach Meridian, in the view that the system of Kyung-Rak is similar to that of Ryodoraku, and which was not consistent with classical contents of Kyung-Rak principle. Therefore, this paper was done to investigate whether bilateral decrease of point H4,5,6 is a general sign of common gastric disease in Ryodoraku test and to study its relation between Kyung-Rak principle and autonomic nervous system as a mediator explaining Ryodoraku response. As shown in the results of this study, different electrical response of Ryodoraku between patients with dyspepsia of gastric dysmotility and gastric ulcer revealed discrepancy of location indicating anatomical stomach between Kyung-Rak principle and Ryodoraku and instability of explanation of autonomic nerve theory to Ryodoraku. Thus, it presented the possibility that artificial application of Kyung-Rak principle against Ryodoraku may destroy its originality in the clinical field. To correctly use Ryodoraku in the diagnosis or evaluation of disease, Ryodoraku test should be used according to Nakatani's suggestion and clinical indication of which is limited to the diseases complicated with dysfunction of the autonomic nervous system.

Prediction Performance of Hybrid Least Square Support Vector Machine with First Principle Knowledge (First Principle을 결합한 최소제곱 Support Vector Machine의 예측 능력)

  • 김병주;심주용;황창하;김일곤
    • Journal of KIISE:Software and Applications
    • /
    • v.30 no.7_8
    • /
    • pp.744-751
    • /
    • 2003
  • A hybrid least square Support Vector Machine combined with First Principle(FP) knowledge is proposed. We compare hybrid least square Support Vector Machine(HLS-SVM) with early proposed models such as Hybrid Neural Network(HNN) and HNN with Extended Kalman Filter(HNN-EKF). In the training and validation stage HLS-SVM shows similar performance with HNN-EKF but better than HNN, whereas, in the testing stage, it shows three times better than HNN-EKF, hundred times better than HNN model.