• The Journal of the Korea Contents Association
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• v.16 no.5
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• pp.601-611
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• 2016

As oral trial principle and civil participation in criminal trials spread, the environment of Korean courtroom is in need of a systematic introduction of trial presentation which can supplement with the oral trial presentation's weakness. Therefore this study analyzes the definition, types, and effectiveness of trial presentation, considering characters of the Korean court's environment. As for following research step, the most widely used trial presentation softwares in the USA and Korea are analyzed and compared in consideration of the particularity of the trial presentation. Based on this analysis, this study suggested elements to be included in the presentation software optimized for Korean court's environment as follows: 1. Ease of the insertion of various forms and media, 2. Appropriate limitation of the spectrum for graphic style, 3. Ease of use of graphics tools, 4. System functions. Such a suggestion was proposed not only to enhance the clarity, accuracy, effectiveness in developing insistence and delivery of content, but also promote aesthetic quality and consistency of presentation's visual communication aspect.

• Journal of Legislation Research
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• no.44
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• pp.241-281
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• 2013

First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.

• Review of KIISC
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• v.26 no.5
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• pp.44-53
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• 2016

본 논문에서는 그동안 축적된 디지털 증거 관련 판례를 분석하여 디지털 증거가 법정에서 유효하게 사용될 수 있는 증거 능력 요건을 검토하였다. 법정에 제출된 디지털 증거가 증거능력을 인정받기 위해서는 다음과 같은 요건을 충족해야 한다. 첫 번째 요건으로서 적법하게 수집된 증거이어야 한다. 영장주의에 위반하거나, 압수수색절차에 피압수자의 참여권을 보장하지 않은 경우에는 증거의 증거능력이 인정되지 않는다. 또한 그동안 논란이 되었던 별건정보도 앞서 살펴본바와 같이 대법원이 제시한 요건을 충족해야 한다. 두 번째 요건으로는 법정에 제출된 디지털 증거의 진정성이 인정되어야 한다. 대법원은 디지털 증거의 진정성이 인정되기 위해서는 무결성과 동일성, 신뢰성이 인정되어야 한다고 판시한바 있다. 세 번째 요건으로 법정에 제출된 증거가 전문증거인 경우에는 당사자의 동의가 없는 한 전문법칙의 예외에 해당되어야 한다. 2016년 5월 형사소송법 제313조가 개정되기 전에는 법정에 제출된 디지털 증거를 진술자가 진정성립을 부인하는 경우, 해당 문서가 업무상 필요로 작성한 통상문서나 기타 특히 신용할 만한 정황에 의하여 작성된 문서에 해당되지 않는 한 증거능력을 인정받을 수 없었다. 그러나 형사소송법 제313조 제2항의 개정으로 인하여 이제는 진술자가 진정성립을 부인하는 경우에도 "과학적 분석결과에 기초한 디지털 포렌식 자료, 감정 등 객관적 방법"에 의해 성립의 진정을 인정받을 수 있다. 과학적 분석결과에 기초한 디지털 포렌식 자료, 감정 등 객관적 방법에 대한 구체적인 내용은 앞으로 판례를 통해 정립해 나아가야 할 것이다.

• Korean journal of communication and information
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• v.56
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• pp.71-85
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• 2011

This thesis reviews the process in which the regulation systems against ownership concentration of newspapers established with the opportunity of legislation of the periodical act in 1987 was reinforced as they were all amended to the newspaper act in 2005 and as they were again amended in 2009 it came to confront crisis in the aspect of press law legislation history. The regulation systems against ownership concentration of newspapers established based on the principle of legality of newspaper function in the Clause 3, the Article 21 of Constitution was reinforced as the newspaper act in 2005 and in 2006 they began to shrink following the Constitution Court decision against newspaper act. As newspaper act and broadcast act are revised in 2009, regulation against combining the management of newspapers with broadcast and regulation against owning multiple number of newspapers came not to exist. Because in this process, the opposition party also allowed limited cross-ownership of newspaper and broadcast, it can be said that the system of newspaper ownership regulation confronted the crisis of dissolution. The instruction of regulation alleviation in a short period of time in spite of the fact that regulation alleviation which allows cross-ownership of newspaper and broadcast is the matter of policy that should be decided after long-term review of the change of media environment and the progress of the power of domination of public opinion is dangerous. Newspapers are strong media with terrestrial broadcast in formation of public opinion on politics. It's because it is difficult to ignore the worry that the power of domination of public opinion of the newspapers which are in oligopoly of newspaper public opinion market can be spreaded to the territory of report broadcast. From the point of view that there is probability for democracy to be ultimately threatened due to the shrink of political Darwinism caused by concentration of media ownership, the alleviation of ownership concentration of newspapers should have premise of long-term social discussion.

• International Area Studies Review
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• v.12 no.2
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• pp.277-295
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• 2008

Insurable value agreed by the parties shall be presumed specified at the time of the accident. It is nevertheless provided that where agreed value considerably exceeds certain amount evaluated at the time of insured accident, the amount shall be insurable value. It casts doubt on what constitutes such an excess in valuation in marine insurance. Because of the relatively short periods and less volatile economies, maritime insurance, with the statutory insurance value, has deemed insurable value conclusive. In other ways, the provision of default rule substitutes the amount evaluated at the time of insured accident for statutory insurance value. However, over-valuation of agreed value determined by the comparison of statutory insurance value leads to non sequitur in valued policy. Maritime insurance, in the case of over-valuation of agreed value, construes certain amount evaluated at the time of insured accident as insurable value. Accordingly, beyond the application of statutory insurance value, the amount should be considered for over-valuation of agreed value.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.04a
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• pp.422-427
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• 2010

The judgement of 'Koreon Maritime Safety Tribunal'(KMST) influences criminal/civil trials, and thus the judgement must be decided very carefully. The Judge must bear in mind the Principle of Free Evaluation of Evidence is restricted by the admissibility of evidence, in dubio proreo and others. Also, empirical role must be used very carefully with strict proof. Therefore the reasons of the proof shall be expressed on the adjudication.

• Korean Journal of Construction Engineering and Management
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• v.17 no.1
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• pp.119-127
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• 2016

Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

• Journal of Korea Fair Competition Federation
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• no.135
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• pp.2-14
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• 2007

공정거래법은 공법으로 원칙적으로 주무부처인 공정위가 부당한 공동행위의 합의에 대한 추정을 실질적인 경쟁을 제한한다고 판단할 수 있는 정황사실을 통해서 입증해야 할 책임이 있다. 개정된 법조문 내용은 입증 책임을 법집행당국인 공정위가 맡는다는 측면에서는 긍정적으로 판단된다. 기존 독점규제법 제19조 제5항의 법률적 성격을 법률상의 추정규정으로 해석할 경우 부당한 공동행위의 경우 형사소추 대상이 되는 범죄행위로 간주되어 기존 법 제19조 제5항의 법률상의 추정규정이 형사사법체계와 부조화되거나 혹은 실질적 죄형법정주의에 반하는 문제도 금번 법 개정으로 상당히 해소될 것으로 예상된다.

• The Optical Journal
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• s.133
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• pp.68-71
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• 2011

상대방이나 주위에서 알지 못하도록 촬영하여 자연스러운 동작이나 표정을 담는 사진을 스냅사진, 또는 캔디드 포토라고 한다. 1920년 말 독일의 포토 저널리스트인 에리히 잘로몬(erich salomon)은 당시 처음 시판된 35mm 카메라를 모자에 숨겨서 법정이나 국제연맹회의에 드나들며 남몰래 사진을 찍었다. 그때까지 플래시 촬영에 의한 기념사진적인 보도사진 보다 상황전달이 정확했기 때문에 캔디드라는 이름으로 불리게 되었다. 당시 라이카와 같은 35mm 카메라의 출현으로 캔디드 수법은 기동성에서 보도사진에 일대 혁신을 가져왔다. 또한 순간적이며 동적인 상황을 사진으로 표현할 수 있었고 사진미학에도 획기적인 계기를 가져왔다.

• Journal of Popular Narrative
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• v.25 no.4
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• pp.159-190
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• 2019

This paper aims to examine to the political unconsciousness of social movies that have caused social repercussions in the 2010s, and to study the social imagination of Korean films at that time. Korean Movies such as (2013), <1987>(2017) and (2017) reflect the ethos of civil society based on common sense and justice. The epic structure was the same as that of ordinary citizens, who move toward a public space (court, square) after awakening their political correctness. More than anything else, the fact that such films were based on "a historical fact" could have been a strategy to avoid censorship in the era of the blacklist. In these social films, courts and squares have become places for democracy. The conservative government of the time was tired of anti-government resistance and the politics of the square. Thus, films from directors and producers blacklisted were difficult to produce. That's why the court in the movie during this period could become a symbolic proxy for the "legitimate" reenactment of the politics of the square, which was subject to censorship and avoidance by the regime of the time. Meanwhile, the square has gradually become the main venue for political films that advocate "historic true stories." The square of the 1980s, which appeared in the movies, will be connected to the Gwanghwamun candlelight square that audiences experienced in 2017. Furthermore, it was able to reach the concept of an abstract square as an "open space for democracy." At the foundation of these works is a psychological framework that equates the trauma of the failed democratic movement of the 1980s to the trauma of the failed progressive movement of the 2010s. Through this study, we were able to see that social political films in the 2010s were quite successful, emphasizing "political correctness" and constitutional common sense. But they also had limitations as "de-political popular films" that failed to show imagination beyond the censorship of the blacklist era.