• Title/Summary/Keyword: true law

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Risk and Responsibility in Korean Tobacco Litigation: Epidemiology and Causality in Late Modern Risk (한국 담배소송에서의 위험과 책임: 역학과 후기 근대적 인과)

  • Park, Jinyoung;Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.15 no.2
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    • pp.229-262
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    • 2015
  • Toxic tort cases have increased dramatically since the 1970s, as large technological systems, such as nuclear power plants and chemical factories, or mass-produced, high-tech products, had exposed citizens and consumers to dangerous substances. It was, however, difficult to establish causal connection between exposure and the alleged harms in many of the environmental, pollution, and product liability cases under the framework of tort law conception of causation and responsibility. Science and law was called upon to resolve such 'late modern' legal cases where true causes are hard to find, where no single explanatory factor is sufficient for explaining diseases like cancer. This article examines how plaintiffs in the Korean tobacco litigation mobilized such late modern tools in science and law, such as epidemiology and the allocation of the burden of proof, in the context of the global circulation of science and law. It further shows how a set of the scientific theories and legal arguments developed in order to cope with late modern risk played a central role in establishing a causation between smoking and cancer in 2011. This article suggests that STS scholars can fruitfully examine the interaction between science and law as a way to understand and engage with social and legal issues engendered by late modern risk.

The Impacts of Smoking Bans on Smoking in Korea (금연법 강화가 흡연에 미치는 영향)

  • Kim, Beomsoo;Kim, Ahram
    • KDI Journal of Economic Policy
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    • v.31 no.2
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    • pp.127-153
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    • 2009
  • There is a growing concern about potential harmful effect of second-hand or environmental tobacco smoking. As a result, smoking bans in workplace become more prevalent worldwide. In Korea, workplace smoking ban policy become more restrictive in 2003 when National health enhancing law was amended. The new law requires all office buildings larger than 3,000 square meters (multi-purpose buildings larger than 2,000 square meters) should be smoke free. Therefore, a lot of indoor office became non smoking area. Previous studies in other counties often found contradicting answers for the effects of workplace smoking ban on smoking behavior. In addition, there was no study in Korea yet that examines the causal impacts of smoking ban on smoking behavior. The situation in Korea might be different from other countries. Using 2001 and 2005 Korea National Health and Nutrition surveys which are representative for population in Korea we try to examine the impacts of law change on current smoker and cigarettes smoked per day. The amended law impacted the whole country at the same time and there was a declining trend in smoking rate even before the legislation update. So, the challenge here is to tease out the true impact only. We compare indoor working occupations which are constrained by the law change with outdoor working occupations which are less impacted. Since the data has been collected before (2001) and after (2005) the law change for treated (indoor working occupations) and control (outdoor working occupations) groups we will use difference in difference method. We restrict our sample to working age (between 20 and 65) since these are the relevant population by the workplace smoking ban policy. We also restrict the sample to indoor occupations (executive or administrative and administrative support) and outdoor occupations (sales and low skilled worker) after dropping unemployed and someone working for military since it is not clear whether these occupations are treated group or control group. This classification was supported when we examined the answers for workplace smoking ban policy existing only in 2005 survey. Sixty eight percent of indoor occupations reported having an office smoking ban policy compared to forty percent of outdoor occupation answering workplace smoking ban policy. The estimated impacts on current smoker are 4.1 percentage point decline and cigarettes per day show statistically significant decline of 2.5 cigarettes per day. Taking into account consumption of average sixteen cigarettes per day among smokers it is sixteen percent decline in smoking rate which is substantial. We tested robustness using the same sample across two surveys and also using tobit model. Our results are robust against both concerns. It is possible that our measure of treated and control group have measurement error which will lead to attenuation bias. However, we are finding statistically significant impacts which might be a lower bound of the true estimates. The magnitude of our finding is not much different from previous finding of significant impacts. For cigarettes per day previous estimates varied from 1.37 to 3.9 and for current smoker it showed between 1%p and 7.8%p.

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A Study on the Justification for Disciplinary by the reason for Whistle-blowing (근로자의 내부고발을 이유로 한 징계의 정당성)

  • Choi, Hong-Ki
    • Journal of Legislation Research
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    • no.44
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    • pp.611-653
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    • 2013
  • An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

Microcontacting behaviour of material with fractal rough surface (프랙탈 표면을 가진 공구와 재료의 마이크로 접촉거동해석)

  • Kim, Young-Suk;Hyun, Sang-Il
    • Proceedings of the Korean Society for Technology of Plasticity Conference
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    • 2009.10a
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    • pp.33-37
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    • 2009
  • Finite-element methods are used to study non-adhesive, frictionless rough contact of elastic and plastic solids. Roughness on spherical surfaces is realized by self-affine fractal. True contact area between the rough surfaces and flat rigid surfaces increases with power law under external normal loads. The power exponent is sensitive to surface roughness as well as the curvature of spherical geometry. Surface contact pressures are analyzed and compared for the elastic and plastic solids. Distributions of local contact pressure are shown dependent on the surface roughness and the yield stress of plastic solids.

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Look-Angle-Control Guidance for Missiles with Strapdown Seeker (스트랩다운 탐색기를 탑재한 유도탄의 관측각 제어 유도)

  • Kim, Dowan;Park, Woosung;Ryoo, Chang-Kyung
    • Journal of Institute of Control, Robotics and Systems
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    • v.19 no.3
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    • pp.275-280
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    • 2013
  • Conventional proportional navigation guidance law is not adequate for missiles with a strapdown seeker, because the strapdown seeker cannot measure line-of-sight rate directly. This paper suggests a guidance loop design method, in which the look angle, measured by the strapdown seeker directly, is controlled to deliver a missile to a target. Basically, the look angle control loop is regarded as an attitude control loop. By using the proposed method, it is possible to shape the midcourse trajectory by choosing the reference look angle properly. The look angle control loop can robustly maintain target lock-on against disturbances because the target is always captured in the field of view of the seeker. The performance of the proposed method is verified via 6-DOF simulations of a true short range tactical missile model.

Reconceptualization of Histo-Genetic Principle (역사발생적 원리의 재개념화)

  • Yoo, Yoon Jae
    • Journal for History of Mathematics
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    • v.26 no.5_6
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    • pp.389-400
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    • 2013
  • The article makes a discussion to conceptualize a histo-genetic principle in the real historical view point. The classical histo-genetic principle appeared in 19th century was founded by the recapitulation law suggested by biologist Haeckel, but recently it was shown that the theory on it is no longer true. To establish the alternative rationale, several metaphoric characterizations from the history of mathematics are suggested: among them, problem solving, transition of conceptual knowledge to procedural knowledge, generalization, abstraction, circulation from phenomenon to substance, encapsulation to algebraic representation, change of epistemological view, formation of algorithm, conjecture-proof-refutation, swing between theory and application, and so on.

A Study of the Detecting Method about the Identification Card's Counterfeit, Modification and Illegal Use by Minors (미성년자의 신분증 위·변조 및 도용을 검출하기 위한 방법 연구)

  • Lee, Younggyo;Ahn, Jeonghee
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.14 no.3
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    • pp.87-101
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    • 2018
  • Minors' law evasion is getting serious. Some of them make a fake ID card or use a stolen ID card illegally. They are illegally used for buying alcohol, cigarette, bond or going to club, pub, motel and so on. On the latest News, there was a case that teens rented a car with a driver licence without checking and had severe car accident. Like this case, car rental service was fined and suspended from business because they did not figure out ID card's counterfeit or modification. Thus, this study investigates the detecting method about the ID card(including a driver license) counterfeit, modification or illegal use. The server has a database of 17~19's minors one fingerprint and services whether the visitor is adult true or not. The method will be usable and economical for business. Then, it was compared and analyzed with methods already in use in business.

The Convergence Characteristics of The Time- Averaged Distortion in Vector Quantization: Part I. Theory Based on The Law of Large Numbers (벡터 양자화에서 시간 평균 왜곡치의 수렴 특성 I. 대수 법칙에 근거한 이론)

  • 김동식
    • Journal of the Korean Institute of Telematics and Electronics B
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    • v.33B no.7
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    • pp.107-115
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    • 1996
  • The average distortio of the vector quantizer is calcualted using a probability function F of the input source for a given codebook. But, since the input source is unknown in geneal, using the sample vectors that is realized from a random vector having probability function F, a time-average opeation is employed so as to obtain an approximation of the average distortion. In this case the size of the smple set should be large so that the sample vectors represent true F reliably. The theoretical inspection about the approximation, however, is not perfomed rigorously. Thus one might use the time-average distortion without any verification of the approximation. In this paper, the convergence characteristics of the time-average distortions are theoretically investigated when the size of sample vectors or the size of codebook gets large. It has been revealed that if codebook size is large enough, then small sample set is enough to obtain the average distortion by approximatio of the calculated tiem-averaged distortion. Experimental results on synthetic data, which are supporting the analysis, are also provided and discussed.

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The perception and practice of privacy protection in some dental hygiene students

  • Lee, Seung-Hun
    • Journal of Korean society of Dental Hygiene
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    • v.18 no.4
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    • pp.561-570
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    • 2018
  • Objectives: This study explored the perception and practice of privacy protection of some dental hygiene students. Methods: On the basis of survey data from 126 respondents, the correlation between the perception and the practice was analyzed. Also the multiple regression analysis was performed on the variables that affect the practice. Cronbach's ${\alpha}$ of the questionnaire was more than 0.6. The items were scored on 5 points scale or true-false type. Results: The perception of privacy protection was 3.23 points, the law is 0.88 points, and the practice is 3.47 points. The educated students were more perceive than those who did not(p<0.05). The higher the perception, the higher the practice(r=0.230, p<0.01). The practice was influenced by the perception(p<0.05). Conclusions: Dental hygiene students should be educated to perceive and protect the personal and medical information of a patient. Also, an educational institutions need a efforts to protect personal information.

Validate the Effectiveness of Strengthening Legal Regulations to Expand Direct Construction of General Construction Companies (종합건설기업 직접시공 확대를 위한 법률 규제 강화의 실효성 검증)

  • Park, Hong-Jo;An, Sung-Hoon
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2023.05a
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    • pp.341-342
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    • 2023
  • This study empirically validates whether the effect of strengthening the legal regulations in the construction industry under the 'Construction Business Act' is true in order to expand the direct construction of the comprehensive construction corporation. Checking the effectiveness of the legal regulation that can force direct construction of the required scope of construction will not only be a logical background in the strengthening of law regulations but also suggest arguments that contradict some construction companies called legal regulation.

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