• Journal of Legislation Research
• /
• no.55
• /
• pp.137-166
• /
• 2018

Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

• Cross-Cultural Studies
• /
• v.40
• /
• pp.111-131
• /
• 2015

An unusual success engendering loyalty among cult fans in the United States, Mamoru Oshii's 1995 cyberpunk anime, Ghost in the Shell (GITS) revolves around a female cyborg assassin named Motoko Kusanagi, a.k.a. "the Major." When the news came out last year that Scarlett Johansson was offered 10 million dollars for the role of the Major in the live action remake of GITS, the frustrated fans accused DreamWorks of "whitewashing" the classic Japanimation and turning it into a PG-13 film. While it would be premature to judge a film yet to be released, it appears timely to revisit the core achievement of Oshii's film untranslatable into the Hollywood formula. That is, unlike ultimately heteronormative and humanist sci-fi films produced in Hollywood, such as the Matrix trilogy or Cloud Atlas, GITS defies a Hollywoodization by evoking much bafflement in relation to its queer, posthuman characters and settings. This essay homes in on Major Kusanagi's body in order to update prior criticism from the perspectives of posthumanism and queer theory. If the Major's voluptuous cyborg body has been read as a liberating or as a commodified feminine body, latest critical work of posthumanism and queer theory causes us to move beyond the moralistic binaries of human/non-human and male/female. This deconstruction of binaries leads to a radical rethinking of "reality" and "identity" in an image-saturated, hypermediated age. Viewed from this perspective, Major Kusanagi's body can be better understood less as a reflection of "real" women than as an embodiment of our anxieties on the loss of self and interiority in the SNS-dominated society. As is warned by many posthumanist and queer critics, queer and posthuman components are too often used to reinforce the human. I argue that the Major's hybrid body is neither a mere amalgam of human and machine nor a superficial postmodern blurring of boundaries. Rather, the compelling combination of individuality, animality, and technology embodied in the Major redefines the human as always, already posthuman. This ethical act of revision-its shifting focus from oppressive humanism to a queer coexistence-evinces the lasting power of GITS.

• The Southeast Asian review
• /
• v.28 no.2
• /
• pp.213-247
• /
• 2018

Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

• (The)Study of the Eastern Classic
• /
• no.68
• /
• pp.539-570
• /
• 2017

This article is for considering and looking through the meaning of Classic of Poetry(Shi jing) Hiku-ka of Kobayashi Issa before reviewing and adapting Classic of Poetry(Shi jing) in Eastern Asia. Issa wrote his works by using Hyanghwa-Gucheop in 1803, and he had adopted it as his creative works of Hikai absorbing Classic of Poetry(Shi jing) for about half a year. There has been no national study about this so far, and this study covered the aspects of Issa's adapting way of Classic of Poetry(Shi jing) in Japan and China. There have been several problems that the contents were limited to Guo-feng and there were no agreement of terminology as well among researchers. To overcome these limitations, therefore, this article aimed at all the works, rejected the view point as just a translation, and denominated this study as Haiku-ka. Above all, this study looked though Issa's Classic of Poetry(Shi jing) by splitting the aspects of Haiku-ka into borrowing topics and materials. In borrowing topics, the works with the topics of homesick and nostalgic parents stood out. Furthermore, annotations and understandings of Issa's original works were deeply involved. In borrowing materials, the original meanings in the works were transformed and changed or even reinterpreted by their own way. Eliminating sublime emotions, furious tone, and condemnation was main characteristic of Haiku-ka in Classic of Poetry(Shi jing). Besides, there were ways of exclusion of reasoning, deviating from the viewpoint of Sigyo(edification by poetry), not including moral senses. In other words, Issa used habits and impressions like the way of Haiku when he was doing Haiku-ka in Classic of Poetry(Shi jing). The meaning that Issa's Hiku-ka of Classic of Poetry(Shi jing) stood out compared to adaptation of Classic of Poetry(Shi jing) in Eastern Asia. Although Classic of Poetry(Shi jing) in Vietnam was transferred in the form of the poem in Vernacular, the meaning and contents were not changed. Moreover, the original works and characters in Joseon were not destroyed because Classic of Poetry(Shi jing) was not liberally translated but literally. However, Issa transferred the Classic of Poetry(Shi jing) in the form of the poem in Vernacular to reveal the value of popular ballads. This was a different adapting way of Classic of Poetry(Shi jing) from that in Eastern Asia.

• Korean Journal of Culture and Social Issue
• /
• v.26 no.1
• /
• pp.25-45
• /
• 2020

Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

• Journal of The Korean Association For Science Education
• /
• v.42 no.1
• /
• pp.77-96
• /
• 2022

This study investigated how collaborative reflection between novice secondary science teachers promoted the development of teaching professionalism. We intentionally selected research participants who shared sufficient rapport. Data were collected by videotaping the classes taught by participants, pre-talk, post-interviews and nine collaborative reflection processes. All data were transcribed and analyzed. Results indicated that all three teachers showed changes in teaching practice. Minyoung's practice involved a teacher-led lecture, but through collaborative reflection, she could create a learning environment to enhance students' power and ownership in her class. Emphasizing academic rigor, Soyoung used to teach content outside the scope of the curriculum, but through collaborative reflection, she became more considerate of students' understanding. Finally, in Jiyeon's classes inquiry activities and theoretical explanations were separated from each other. However, she repeated her efforts to improve her class after collaborative reflection, allowing students to construct explanations through activities. In this study, three factors that promoted the development of teachers' pedagogical content knowledge through collaborative reflection were identified. First, the different teaching orientations of the three teachers who participated in this study, promoted sharing of opinions through collaborative reflection. Second, reflection based on teaching practice enabled practical feedback on the class, which enhanced the development of teachers' pedagogical content knowledge. Third, the equal status and formation of rapport between the three teachers created an environment for productive reflection. These results suggest that future teacher education programs should target communities that can promote collaborative reflection based on teachers' teaching practice.

• Journal of the Korean Society for information Management
• /
• v.39 no.1
• /
• pp.331-350
• /
• 2022

This study aims to understand topics of incivility related to COVID-19 from analyzing Twitter posts including COVID-19-related hate speech. To achieve the goal, a total of 63,802 tweets that were created between December 1st, 2019, and August 31st, 2021, covering three targets of hate speech including region and public facilities, groups of people, and religion were analyzed. Frequency analysis, dynamic topic modeling, and keyword co-occurrence network analysis were used to explore topics and keywords. 1) Results of frequency analysis revealed that hate against regions and public facilities showed a relatively increasing trend while hate against specific groups of people and religion showed a relatively decreasing trend. 2) Results of dynamic topic modeling analysis showed keywords of each of the three targets of hate speech. Keywords of the region and public facilities included "Daegu, Gyeongbuk local hate", "interregional hate", and "public facility hate"; groups of people included "China hate", "virus spreaders", and "outdoor activity sanctions"; and religion included "Shincheonji", "Christianity", "religious infection", "refusal of quarantine", and "places visited by confirmed cases". 3) Similarly, results of keyword co-occurrence network analysis revealed keywords of three targets: region and public facilities (Corona, Daegu, confirmed cases, Shincheonji, Gyeongbuk, region); specific groups of people (Coronavirus, Wuhan pneumonia, Wuhan, China, Chinese, People, Entry, Banned); and religion (Corona, Church, Daegu, confirmed cases, infection). This study attempted to grasp the public's anti-citizenship public opinion related to COVID-19 by identifying domestic COVID-19 hate targets and keywords using social media. In particular, it is meaningful to grasp public opinion on incivility topics and hate emotions expressed on social media using data mining techniques for hate-related to COVID-19, which has not been attempted in previous studies. In addition, the results of this study suggest practical implications in that they can be based on basic data for contributing to the establishment of systems and policies for cultural communication measures in preparation for the post-COVID-19 era.

• Journal of Christian Education in Korea
• /
• v.74
• /
• pp.159-188
• /
• 2023

This study examines the process of Chou Sun-Ae's spiritual formation in the light of Carl Jung's conception of individuation. Spirituality is defined in different ways by different scholars, but most consider self-transcendence as a necessary element. This self-transcendence can occur in the relationship with self, with others, and with the transcendent. In the relationship with the self, it appears as self-objectification; with others, it is as moving toward others; and in the relationship with the transcendent, it moves toward the transcendent. Spirituality is closely related to individual identity, in that it surrounds and integrates life. Spiritual formation is thus closely related to Jung's concept of individuation, as this involves the separation of persona and ego, and shadow recognition which are closely related to the level of self-objectification. In addition, the withdrawal of shadow projection that occurs in individuation is closely related to moving toward others, in that it recognizes the shadow instead of blaming others, allowing one to look at others without prejudice. The fact that Jesus Christ is the symbol of the Self, the driving force of the individuation process, tells us that spirituality leading to a relationship with the transcendent God and Jung's theory are closely related to each other. Thus, if we examine the process of spiritual formation through the Jung's individuation process, we can better understand the psychodynamic dimension of spirituality. This article investigates the process of Chou Sun-Ae's spiritual formation through Jung's individuation process. Throughout her 98 years, Chou Sun-Ae experienced national pain and hardships, as well as personal adversity and difficulties; but through all of these hardships, conflicts, and difficult moments, she accomplished individualization. Therefore, by examining the spiritual formation through individuation in Chou Sun-Ae, I consider the direction of Christian spiritual education. In this study, three main characteristics of Chou Sun-Ae's spiritual formation can be identified. First, through a life of repentance, the identification between persona and ego can be weakened. Second, the ego develops, and individualization is achieved, through a new calling. Third, in shadow integration, the spiritual development comes to recognize Jesus Christ on the cross and achieve the process of sanctification. Investigating the direction of Christian spiritual education through Chou Sun-Ae's spiritual formation indicates that Christian spiritual education should harmonize vertical and horizontal relations and should develop an experience of the transcendent God in everyday life. By this means, the believer can achieve Self-realization and be a true Christian who practices love for God and love for neighbors.

• Korean Journal of Heritage: History & Science
• /
• v.57 no.1
• /
• pp.198-216
• /
• 2024

This article reevaluates the National Museum of Korea's pivotal actions during the Korean War in the 1950s and its aftermath. It argues that the evacuation of the museum's collection to Busan and the subsequent exhibition "Masterpieces of Korean Art" in the United States in 1957 were not isolated events, but rather interconnected facets of a larger narrative shaping the museum's trajectory. With newly discovered archival evidence, this study unravels the intricate relationship between these episodes, revealing how the initial Busan evacuation evolved into a strategic U.S.-led touring exhibition. Traditionally, the Busan evacuation has been understood solely as a four-stage relocation of the museum's collections between December 1950 and May 1951. However, this overlooks the broader context, particularly the subsequent U.S. journey. Driven by the war's initial retreat of the war, the Busan evacuation served as a stepping stone for evacuation to Honolulu Museum of Art. The path of evacuation took an unexpected turn when the government redirected the collections to the Honolulu Museum of Art. Initially conceived as a storage solution, public opposition led to a remarkable transformation: the U.S. exhibition. To address public concerns, the evacuation plan was canceled. This shift transformed the planned introduction into a full-fledged traveling exhibition. Subsequently approved by the National Assembly, the U.S. Department of State spearheaded development of the exhibition, marking a distinct strategic cultural policy shift for Korea. Therefore, the Busan evacuation, initially envisioned as a temporary introduction to the U.S., ultimately metamorphosed into a multi-stage U.S. touring exhibition orchestrated by the U.S. Department of State. This reframed narrative sheds new light on the museum's crucial role in navigating a complex postwar landscape, revealing the intricate interplay between cultural preservation, public diplomacy, and strategic national interests.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.223-258
• /
• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.