• Korean Journal of Social Welfare
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• v.59 no.3
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• pp.33-58
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• 2007

Capital punishment is a system which is not finished simply as one of interim penalty but does away with one person's existence eternally. It is not only opposite to the existential humanism but also contrary to social welfare's goal like social integration. Therefore, this study tries to find out the issues related to capital punishment and further tries to draw out the rightness of capital punishment abolition by critically reviewing the capital punishment system on the basis of the value and philosophy of correctional welfare. In brief, capital punishment is possible only when we negate the inviolable fundamental right which is called life right, and deny the human life existence which surpasses space and time. As long as we can not deny the macroscopic viewpoint to search out the basis of human behavior in the social system which is called culture and society, capital punishment system is contrary to the philosophy of welfare that total society is responsible for guiding members of society to pursue self realization on the basis of value like social solidarity and human dignity. Also, it is against the objective of correctional welfare to head toward special prevention by positive correction and rehabilitation. Capital punishment system ought to be abolished properly.

• Journal of Fisheries and Marine Sciences Education
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• v.22 no.3
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• pp.445-459
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• 2010

The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

• Journal of Fisheries and Marine Sciences Education
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• v.25 no.2
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• pp.375-392
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• 2013

The This study attempted to analyze what perception and attitude teachers have on corporal punishment. For these purpose, 458 writings about corporal punishment that 140 teachers loaded on web-site were collected and were analyzed using qualitative content analysis. : First, each writing was open-coded according to specific theme or meaning relating to corporal punishment using Nvivo program. Second, coded materials were classified as a high category when having similar theme or meaning. As a result of this process, 2 highest categories, 6 high categories and 24 subcategories were yielded. Teachers with positive view on corporal punishment tend to think that corporal punishment has some educational values or usefulness and their views were classified as very positive view, limited-permissive view, and inevitable view. They thought that corporal punishment were closely related to teachers' authority. Teachers have negative views on corporal punishment on the basis that corporal punishment causes side effects, is contrary to essentials of education, violates human rights etc. Negative views that teachers have on corporal punishment were classified as absolutely negative view and negative view focused on side effects. They thought that corporal punishment were not related to teachers' authority. Comments have been made on positive view on corporal punishment from the perspective of reflective analysis and implications of the results on theory and practice were discussed with comments on research limitations.

• Journal of Digital Convergence
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• v.11 no.1
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• pp.145-151
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• 2013

As the Internet is widely used worldwide, digital asset on the internet becomes to be critical to protect from illegal copying and piracy which is an unlawful action that download or upload copyrighted materials from the Internet without having a right to use them from the copyright owners. Such an illegal and unethical behavior are pervading and becoming a big concern in many industries and business sectors over the world. This study examines the effect of the user's perception for piracy regulation and moral obligation on online piracy intention. Therefore, the purpose of this study is to see the different effect of regulation and moral obligation on piracy attitude and intention so as to suggest an effective method of piracy protection and to bring an attention on moral and ethical education for online piracy. The result of this study showed both punishment and moral obligation toward online piracy are significantly associated with users' attitude on piracy, indicating that higher level of punishment severity as well as moral obligation lead to decrease piracy attitude. This research also revealed that the level of users' moral obligation has a stronger relationship with piracy attitude than punishment.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• Journal of the Korea Society of Computer and Information
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• v.24 no.1
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• pp.207-215
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• 2019

The insurance system is indispensable to our society. However in recent years, there have been a lot of insurance fraud crimes, such as the abuse of these valuable insurance system and the cheating the insurance proceeds. These insurance frauds make the insurance companies harder to manage, and as a result, the insurance premiums have risen, which has caused a lot of damaging good policyholders. However, the damage caused by insurance fraud has been continuously increasing due to the punishment of cotton stick. Therefore, after the long discussion, the 'The Act for Prevention of Insurance Fraud', which is a special law recently has been enacted. However, within two years of the enactment of this law, which was enacted after much anticipation and long waiting, there is already debate about its effectiveness. The reason for this is that even though the law was enacted and enforced, insurance fraud continues to increase and even punishment for these crimes is not strengthened, and now it is time to look for specific problems and resolutions for these crimes see. So in this paper the author dealt with the problems of the law, first, related regulation of insurance payment, second, right to terminate insurance contract and return of insurance proceeds, third, regulation on notification of investigations, fourth, regulations on the adequacy of hospitalization. Of course, since this law has just been enacted, there are many other problems besides these problems, but I tried to present a fresh resolution based on the problems that have been mainly discussed since the legislative period.

• The Journal of the Korea Contents Association
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• v.12 no.7
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• pp.156-168
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• 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.

• Journal of Navigation and Port Research
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• v.43 no.3
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• pp.153-159
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• 2019

Marine accidents and legal violations result from mistakes and negligences of ship officers, deck officers and engine officers, during the ship navigation and lay days. Due to these accidents and violations, these officers are subjected to disciplinary actions for certification. The disciplinary action, namely certificate punishment is carried out by right rules, processes and equity. However, it is revealed that present situations are different from the principles. For the purpose of finding current states relating to certificate punishment, this study examines and analyses 737 punishment cases, accomplished in 'B' regional office of oceans & fisheries for 5 years from 2014 to 2018. The contents to be analyzed are reprimand agencies, certificate kinds, officers ranks at that time, disciplinary level, violated acts, annual reprimand state, punishment rule and it process, and disciplinary reduction levels. From such valuations various problems, such as disciplinary level deviations among laws, insufficient punishments rules, disciplinary certificate deviation, insufficient reprimand reduction rules, and lack function of crew administrative disciplinary council, are identified. Finally, methods to alleviate the problems identified will be proposed. This study, for the first time analyses the actual administrative disciplinary cases for ship officers'certificates and proposes improvement plans for its incorporation in Korea, This analysis will be useful in the examination of the study for the ship officers and making a plan for them.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.347-354
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• 2023

This study is a descriptive survey research aimed at examining the relationship between nursing college students' attitudes toward child corporal punishment, their Recognition of children's rights, and their intention to report child abuse. It also seeks to identify factors influencing the intention to report child abuse. Data were collected from April 1, 2023, to June 30, 2023, using a structured questionnaire administered to 194 nursing college students. Data analysis was conducted using IBM SPSS/WIN 26.0 software and included descriptive statistics, independent t-tests, ANOVA, Scheffe's test, Pearson's correlation coefficients, and Multiple Regression analysis. The research results showed a significant negative correlation between attitudes towards child corporal punishment and awareness of children's rights, and a positive correlation between awareness of children's rights and the intention to report child abuse. Attitudes towards child corporal punishment and the intention to report child abuse collectively explained 19% of the variance in the intention to report child abuse. Therefore, it is necessary to develop educational programs that allow prospective nurses, who have a legal obligation to report child abuse, to experience cases of child abuse, enhance their sensitivity to child abuse, and improve their intention to report child abuse.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.634-644
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• 2021

Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.