• Korean Journal of Culture and Social Issue
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• v.11 no.1
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• pp.59-84
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• 2005

Three studies were conducted to examine the degree to which three common heuristics, anchoring heuristic, framing effect and representative-ness heuristic, influence the decision-making precesses of actual judges and 5-persons mock juries. With scenarios regarding various issues that are commonly raised in actual criminal and civil trials, study 1 examined the 158 actual judges' decisions. In study 2, the decisions of 80 mock jury groups that consisted of college students were examined with similar scenarios. And individual decisions were examined in study 3 to compare with the group decisions in study 2. The decision processes of the actual judges and the mock jury groups alike were found to be influenced by "anchors". But the biases by the anchoring heuristic were more pronounced in the group decisions than in the decisions of the actual judges. With respect to framing effect, the actual judges were found to be resistant, while a small effect was found in the decisions of mock jury groups. Representative-ness biases weren't found in the decisions of both the actual judges and mock juries. The implications of the results for judicial systems were discussed.

• Korean Journal of Culture and Social Issue
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• v.19 no.2
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• pp.159-178
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• 2013

The purpose of this study was to 1) replicate the Wells effect(i.e., reluctance to rule against the Defendant solely on the basis of probabilistic evidence) in Korea and 2) examine the validity of an Alternative explanation(i.e., perception of risk of wrong verdict). In study 1(n=46), mock jurors in the tire-tracks condition were reluctant to rule against the defendant based on their perceived probability and this pattern was not resulted in the tire-tracks-belief condition. Therefore, the Wells effect was replicated in Korea. In study 2(n=70), we manipulated the participants' perception of risk of wrong verdict. That is, participants who were assigned in the high risk perception of wrong verdict were informed that if the defendant were found guilty, the defendant would get considerable demage both in finance and reputation of the company. Participants in the low risk perception of wrong verdict condition were informed that these demage would not be great. The results revealed that the Wells effect was pronounced in the high risk perception of wrong verdict condition. That is, participants were more reluctant to rule against the defendant when they perceive the significance of the result of wrong verdict as high. Limitations of the study and the directions for future study were discussed.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.400-409
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• 2021

Training, unlike education in holistic perspective, not only affects individual's potential of work competencies such as knowledge and technology, but also affects the job performance in organizational perspective. The effectiveness of training for civil servants who participated in mock jury trial learning of Suwon-si was verified using CIPP model. Participants valued the significance of the process of training rather than the conclusion that draws a certain solution, and based on the comparison and analysis of pre·post evaluations, the educational effect of mock trial training and its utilization at work in the future was higher than before the training, proving its effectiveness. In terms of the implications of training programs in addition to the program planner's evaluation, participant constitution in consideration of sex or employment period is needed for learning interaction among various learners, and information acquisition training on various local issues and conflict situations, as well as the combination of deliberation learning, are needed. in addition, it may be supplemented through customized conflict management raining related to pending projects for the effectiveness of training.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.