• Electric Engineers Magazine
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• v.242 no.10
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• pp.39-44
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• 2002

손해배상액의 결정은 시민들 중에서 선발된 배심원이 판단하게 되며 이들은 비전문가로서 법률을 심리함으로써 이론적인 판단보다는 감정적인 판단에 치우치게될 가능성이 매우 크다. 특히 징벌적 손해배상금의 결정도 배심원이 판단하기 때문에 손해배상금을 상승시키는 원인이 되고 있다.

• Korean Journal of Forensic Psychology
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• v.11 no.3
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• pp.329-347
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• 2020

When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.250-257
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• 2011

3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

• 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.

• Korean Journal of Cognitive Science
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• v.32 no.4
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• pp.169-191
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• 2021

With the development of artificial intelligence(AI), the jobs of many human experts are threatened, and this also applies to the legal profession. This study attempted to investigate whether AI can actually replace humans in the legal profession, especially the role of judges making final judgments. For this purpose, from the perspective of uniqueness neglect, this study was conducted to confirm the effect of involvement and the severity on acceptance of the judgment made by the AI judge (Experiment 1) and the AI jury (Experiment 2). The involvement was manipulated as if the subject who was sentenced for committing a crime was his or her family (mother, father) or stranger, and the severity was manipulated by the extent of the damage, the perception of the crime, and the number of applied crimes. In Experiment 1, the interactive effect of involvement and severity was found. Specifically, when the involvement was low, the acceptance of AI judges was higher in high severity (vs. low severity). Conversely, when the involvement was high, the acceptance of AI judges was higher in low severity (vs. high severity). The same interactions as in Experiment 1 occurred in Experiment 2. Specifically, when the involvement was low, a larger number of AI jury members were allocated in high severity (vs. low severity). On the other hand, when the involvement was high, the number of AI juries increased in low severity (vs. high severity). This study has implications in that it is the first experimental study in Korea on artificial intelligence legal judgment and that it presents the prospects for the jobs of legal experts.

• 한국과학기술학회:학술대회논문집
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• 2008.12a
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• pp.67-82
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• 2008

• Korean Journal of Culture and Social Issue
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• v.21 no.3
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• pp.497-510
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• 2015

The jury instruction consists of a set of legal rules and provides a guide for jurors to interpret evidence and the legal standard of a proof beyond reasonable doubt. Jury instructions are usually given after the closing arguments (at the end of the trial). But some research has shown that jury instruction provided before the evidence may have an impact on verdict. The present study was to determine the cognitive process caused by early instruction: (1) Early instruction may influence the verdict by upwardly adjusting the threshold for the decision to convict; (2) early instruction may influence the verdict through evaluations of the probative values of evidence; (3) Or both. 187 people older than 20 years of age participated in the on-line survey. With a trial scenario, one independent variable, Instruction Procedure, was manipulated in three levels: before-and-after the evidence procedure, after-only evidence procedure, and no-instruction procedure. The instruction procedure conditions did not show any difference in the evaluation of the probative values of evidence. On the other hand, before-and-after condition showed the lowest rate of guilty verdict and the highest probability of guilt for the defendant in the scenario. This latter result clearly suggested that the instruction procedure affects the decision threshold. Specifically, instruction provided twice, once before and again after the evidence, may upwardly shift the threshold for the decision to convict.

• Korean Security Journal
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• no.43
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• pp.177-204
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• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• The Journal of the Korea Contents Association
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• v.20 no.5
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• pp.243-250
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• 2020

In the movie <12 Angry Men>, the prejudiced gaze of each jury with the title of "reasonable discussion" or "positive critical rationality" based on the theory of public opinion of Habermas constantly appears. Prejudice is a concept that cannot be judged right or wrong in itself, but as a current social and historical atmosphere, it is judged to be a hindrance to communication in the process of communication and public opinion and often causes social problems. Therefore, in this paper, the concept of prejudice is ultimately investigated by projecting Habermas' theory of public sphere in the movie, looking into the prejudices, and examining the prejudice through the discussion of the jury, that is, the process of resolving the conflict. We are going to draw realistic implications through the mediator of film about how to solve problem of 'prejudice' in the real world. As a result of the study, Habermas' ideal public opinion on the 'consensus for the community' and 'universal rationality' according to the theory of public sphere in Habermas appeared in the film, but partially from the complete prejudice by the 'wall of reality' in the film. It has been found that freedom from prejudice is difficult and that prejudice is a necessary evil in terms of mutual understanding and publicity.

• Journal of Korean Home Economics Education Association
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• v.21 no.3
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• pp.45-64
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• 2009

The purpose of this study was to develope issue-centered teaching learning process plan for environment-friendly housing education and to apply it to the housing section of Technology Home Economics in a middle school. PRO-CON cooperative group model was used for the teaching learning process plans of 2-session lessons according to the ADDIE model. In the development stage, 7 activity materials and 20 teaching learning materials (4 reading texts, 12 pictures and photos, & 5 moving pictures) were developed for 2-session lessons. The plans applied to the 7 classes, 222 students, in the third grade of the G middle school in Gyeonggi-do during July 10th-17th, 2008. The results showed that the final pro-con was influenced by the rationals of juries' pro-con of each team and the representative's discussion besides one's environmental perspective. The intention to implement environment-friendly housing activities was significantly increased between before and after the lessons. The contents, methods, goals, and process of the 2-session lessons were evaluated over medium to somewhat higher levels. Those evaluations except methods and general satisfaction with the lessons were differed by sex, students' and their families' interests in environments but not by the type of housing. These results might support that pro-con cooperative group model of controversial issues on parking lot would be appropriate to environment-friendly housing lessons and could apply to broad issues on housing and various schools in other areas.