• Title/Summary/Keyword: 법문화

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Legal Culture and Corruption: A Cross-National Analysis of Effects of Courts Fairness and Courts Accessibility on Corruption (법문화(legal culture)와 부패인식: 사법서비스에 대한 접근성과 재판의 공정성 효과를 중심으로)

  • Kim, Hyeongmyeong;Suh, Jaekwon
    • Korean Journal of Legislative Studies
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    • v.25 no.2
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    • pp.141-177
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    • 2019
  • This paper explains cross-national variation of CPI(corruption perception index) centering on legal culture. By critically reviewing previous researches on effects of British common law system on corruption, we define legal culture as citizens' perception of their legal system. Specifically, measuring legal culture with respect to courts fairness and courts accessibility, we test two hypotheses on effects of legal culture on corruption. A cross-national comparison of 78 countries with OLS regression analyses reveals that courts fairness tends to lower the level of corruption while courts accessibility does not have a significant effect on corruption. Based on this result, we suggest policy implications for judicial reform as well as anti-corruption measure, which puts more emphasis on reforming legal practice that hinders courts fairness than increasing legal service supply. In addition, as the essence of legal culture lies in citizens' shared perception of the legal system, we argue that a broad and solid citizens' consciousness of fair and equitable legal procedures is indispensable in preventing corruption.

Images of Law and Reality in TV Legal Series: Focusing on (TV 법정 프로그램에 나타난 법 이미지와 현실구성: <실화극장-죄와 벌>을 중심으로)

  • Lee, Hee-Eun
    • Korean journal of communication and information
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    • v.50
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    • pp.121-142
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    • 2010
  • Can law be combined with television entertainment programs? This paper explores the ways in which law systems and law culture are reflected in and reflect the television legal series. TV legal series, such as legal dramas and infotainment shows, provide platforms for the audiences, who otherwise have few opportunity in real life, to engage with legal systems in societies. Adopting loosely dramatized reality programs, these legal series not only entertain and inform audiences but also educate citizens. This paper combines analyses of theoretical debates on law and television with analysis of TV text. The result shows that , dramatized enactment based on true stories and criminal cases, may have an important ideological role in which fictionalized dramas mask the hard realities and authoritative legal systems. By doing so, TV legal shows play their roles not as mere symbolic representation but as powerful institutions that construct the image of law and reality.

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A Study on anthropology of education of 'character' (인성과 교육의 관계적 의미 고찰: '문질빈빈' 인성 고찰을 통한 교육인류학적 함의 탐색)

  • Shin, Hyun-Seok;Kim, Sang-cheol
    • (The)Korea Educational Review
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    • v.23 no.2
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    • pp.131-155
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    • 2017
  • In this study, I examine what is called character. It is to establish what constitutes a relationship between life, culture, and education. In addition, I try to explore the possibility of anthropology of education as an academic basis for character education by using the way of '문 질빈빈(文質彬彬)'. As a result of the study, 'character' in terms of '문(culturality)' aspect implies the qualities, the nature, the disposition, and the meaning of virtue. A 'character education' can be seen in school education as a moral consideration, considering the social context, such as the ability to live harmoniously. In terms of '질(naturality)', I will look at both the innate aspect of the character and the acquired aspect through the 'character' which is the essence of character. Character is the concept of both parties, and if it is influenced by an external environment, one can seek better ways to improve the chances of improvement through education. Furthermore, the role of education is inevitably required in order to achieve the goal of 'lesser human being' to 'better human being'. Home and school education can have a positive impact on the character. An honest mind about humanity among family members is the right character. The importance of humanity is considered as a value to be recognized and protected in our society because the logic that it protects the family by character and helps to maintain the social order influences to the legal culture tradition of the modern. Therefore, the academic approach through anthropology of education has sufficient value of trial study for exploring the relationship between character, education, and culture for teachers and learners, and is appropriate for providing an academic foundation.

The Historical Origins and Modern Insights of the Chinese Arbitration System (중국 중재제도의 역사적 연원과 현대적 시사점)

  • Xiao Xiao
    • Journal of Arbitration Studies
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    • v.33 no.4
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    • pp.37-67
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    • 2023
  • Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.