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Intentionality Judgement in the Criminal Case: The Role of Moral Character (형사사건에서의 고의성 판단: 도덕적 특성의 역할)

  • Choi, Seung-Hyuk;Hur, Taekyun
    • Korean Journal of Culture and Social Issue
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    • v.26 no.1
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    • pp.25-45
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    • 2020
  • Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

A Study on Views of Vital Capital in Film (영화 <기생충>에 나타난 생명자본의 관점에 관한 연구)

  • Kang, Byoung-Ho
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.3
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    • pp.75-88
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    • 2021
  • The film won the Golden Palm Award at the Cannes Film Festival, and received the Academy Award for a non-English-speaking film in February 2020, respectively. It has received a monumental evaluation in the world film history. Overall, this film is about class conflict, and critics evaluate the theme of the film as "badly twisted class gap" and "anger from class." The film expresses an intrinsic conflict embodied in culture as a "tragedy in which no bad person appears," rather than the dichotomous composition of the classical class struggle from Marxism. In other words, this can be seen as expressing the substrated class relationship of the modern society that Pierre Bourdieu had argued. This film has been focused as a controversial target under Korea society with excess of ideology. Politics used to adopt the keyword, 'parasite', for political disputes not only in culture contents world. Paradoxically socialism China did not allow to release film 'Parasite.' On the other hand, Lee O-Yong argues that the movie "Parasite" does not look at social phenomena through a dichotomous perspective, but is viewed through a "double perspective" and evaluates that it does not lose eyes looking at humans through tension. This view is based upon 'Vital Capitalism'. Lee. O-Yong looks at the movie "Parasite" from the perspective of "Vital Capitalism". The theory of Vital Capitalism does not seek to find the root of historical development in class struggle conflicts, but rather figuring out history and society pays attention onto the intrinsic characteristics of life, Topophilia, Neophilia, and Biophilia. Lee Eo-ryeong argues that the development of civilization theory evolved from the stage of Hobbes' Darwinism or predatism to the stage of host vs. parasite of Michel Serres, and onto the stage of Margulis's 'Win-Win (inter-dependence)'. In this paper, after overview of vital capital concept and preceeding research, re-interpretations were tried onto scenes based upon fields from habitus, culture capital. This exploration looks for a alternative for excess of ideology in Korea society.

The embryological studies on the interspecific hybrid of ginseng plant (Panax ginseng x P. Quiuquefolium) with special references to the seed abortion (인삼의 종간잡종 Panax ginseng x P Quinquefoilium의 발생학적 연구 특히 결실불능의 원인에 관하여)

  • Jong-Kyu Hwang
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.5 no.1
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    • pp.69-86
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    • 1969
  • On the growing of the interspecific hybrid ginseng plant, the phenomena of hybrid vigoures are observed in the root, stem, and leaf, but it can not produce seeds favorably since the ovary is abortive in most cases in interspecific hybrid plants. The present investigation was undertaken in an attempt to elucidate the embryological dses of the seed failure in the interspecific hybrid of ginseng (Panax Ginseng ${\times}$ P. Quinque folium). And the results obtained may be summarized as follows. 1). The vegetative growth of the interspecific hybrid ginseng plant is normal or rather vigorous, but the generative growth is extremely obstructed. 2). Even though the generative growth is interrupted the normal development of ovary tissue of flower can be shown until the stage prior to meiosis. 3). The division of the male gameto-genetic cell and the female gameto-genetic cell are exceedingly irregular and some of them are constricted prior to meiosis. 4). At meiosis in the microspore mother cell of the interspecific hybrid, abnormal division is observed in that the univalent chromosome and chromosome bridge occure. And in most cases, metaphasic configuration is principally presented as 23 II+2I, though rarely 22II+4I is also found. 5). Through the process of microspore and pollen formation of F1, the various developmental phases occur even in an anther loclus. 6). Macro, micro and empty pollen grains occur and the functional pollen is very rare. 7). After the megaspore mother cell stage, the rate of ovule development is, on the whole, delayed but the ovary wall enlargement is nearly normal. 8). Degenerating phenomena of ovules occur from the megaspore mother cell stage to 8-nucleate embryo sac stage, and their beginning time of constricting shape is variously different. 9). The megaspore arrangement in the parent is principally of the linear type, though rarely the intermediate type is also observed, whereas various types, viz, linear, intermediate, Tshape, and I shape can be observed in hybrid. 10). After meiosis, three or five megaspore are some times counted. 11). Charazal end megaspore is generally functional in the parents, whereas, in F1, very rarely one of the center megaspores (the second of the third megaspore) grows as an embryo sac mother cell. 12). In accordance with the extent of irregularity or abnormality in meiosis, division of embryo sac nuclei and embryo sac formation cause more nucellus tissue to remain within th, embryo sac. 13). Even if one reached the stage of embryo sac formation, the embryo sac nuclei are always precarious and they can not be disposed to theil proper, respective position. 14). Within the embryo sac, which is lacking the endospermcell, the 4-celled proembryo, linear arrangement, is observed. 15). Through the above respects, the cause of sterile or seed failure of interspecific hybrid would be presumably as follows, By interspecific crossing gene reassortments takes place and the gene system influences the metabolism by the interference of certain enzyme as media. In the F1 plant, the quantity and quality of chemicals produced by the enzyme system and reaction system are entirely different from the case of the parents. Generally, in order to grow, form, and develop naw parts it is necessary to change the materials and energy with reasonable balance, whereas in the F1 plant the metabolic process becomes abnormal or irregular because of the breakdown of the balancing. Thus the changing of the gene-reaction system causes the alteration of the environmental condition of the gameto-genetic cells in the anther and ovule; the produced chemicals cause changes of oxidatio-reduction potential, PH value, protein denaturation and the polarity, etc. Then, the abnormal tissue growing in the ovule and emdryo sac, inhibition of normal development and storage of some chemicals, especially inhibitor, finally lead to sterility or seed failure. Inconclusion, we may presume that the first cause of sterile or seed abortion in interspecific hybrids is the gene reassortment, and the second is the irregularity of the metabolic system, storage of chemicals, especially inhibitor, the growth of abnormal tissue and the change of the polarity etc, and they finally lead to sexual defect, sterility and seed failure.

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