• Title/Summary/Keyword: 비처벌

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Analysis of the Domestic and International Laws on Computer Crime (국내외 컴퓨터범죄관련 처벌법규 분석)

  • 이대기;김태성;노종혁;진승헌;정교일
    • Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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    • 2002.11a
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    • pp.341-346
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    • 2002
  • 본 논문에서는 최근 급격하게 증가하고 있는 해킹, 컴퓨터바이러스 유포 등 각종 전자적 침해행위, 개인정보의 광범위한 수집과 오·남용, 음란·폭력정보의 범람, 익명성· 비대면성을 악용한 인권 침해행위 및 신종 사이버범죄 등의 정보화 역기능에 대처하기 위한 국내 컴퓨터범죄관린 처벌법규가 제·개정시 강화되어 어느 정도 효과적으로 대응할 수 있게 되었으나 국내외 컴퓨터범죄관련 처벌법규 체계를 조사·분석하여 관련 법·제도의 개선방향을 제시한다.

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A Review of 'Continuous Harassment' Provisions under Misdemeanor Punishment Act for Stalking Control (스토킹 규제를 위한 <경범죄처벌법>상의 '지속적괴롭힘' 조항에 관한 검토)

  • Kim, CheongHa
    • Journal of the Society of Disaster Information
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    • v.9 no.4
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    • pp.439-448
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    • 2013
  • The Amendment of Misdemeanor Punishment Act which has been enforced since March 22, 2013 contains Section 3. 1. 41 (titled "Continuous Harassment") which provides that stalking is one's act of "attempt to continuously approach other person or persons against the latter's express intent and thereby demand interviews or associations to them, or commit behaviors such as monitoring, following (shadowing) and ambush over and over again." In South Korea, any wrongdoer who does such act of stalking shall be fined 80,000 Korean won under the Enforcement Decree of Misdemeanor Punishment Act. However, in view of the seriousness of ever-diversified and skillful stalking crimes, we have a question of whether the application of current Misdemeanor Punishment Act would be effective in reality.In order to get over current limitations of Misdemeanor Punishment Act as a part of direct regulatory control over stalking crimes and more properly cope with stalking crimes, this study give the following suggestions.

Learning-associated Reward and Penalty in Feedback Learning: an fMRI activation study (학습피드백으로서 보상과 처벌 관련 두뇌 활성화 연구)

  • Kim, Jinhee;Kan, Eunjoo
    • Korean Journal of Cognitive Science
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    • v.28 no.1
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    • pp.65-90
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    • 2017
  • Rewards or penalties become informative only when contingent on an immediately preceding response. Our goal was to determine if the brain responds differently to motivational events depending on whether they provide feedback with the contingencies effective for learning. Event-related fMRI data were obtained from 22 volunteers performing a visuomotor categorical task. In learning-condition trials, participants learned by trial and error to make left or right responses to letter cues (16 consonants). Monetary rewards (+500) or penalties (-500) were given as feedback (learning feedback). In random-condition trials, cues (4 vowels) appeared right or left of the display center, and participants were instructed to respond with the appropriate hand. However, rewards or penalties (random feedback) were given randomly (50/50%) regardless of the correctness of response. Feedback-associated BOLD responses were analyzed with ANOVA [trial type (learning vs. random) x feedback type (reward vs. penalty)] using SPM8 (voxel-wise FWE p < .001). The right caudate nucleus and right cerebellum showed activation, whereas the left parahippocampus and other regions as the default mode network showed deactivation, both greater for learning trials than random trials. Activations associated with reward feedback did not differ between the two trial types for any brain region. For penalty, both learning-penalty and random-penalty enhanced activity in the left insular cortex, but not the right. The left insula, however, as well as the left dorsolateral prefrontal cortex and dorsomedial prefrontal cortex/dorsal anterior cingulate cortex, showed much greater responses for learning-penalty than for random-penalty. These findings suggest that learning-penalty plays a critical role in learning, unlike rewards or random-penalty, probably not only due to its evoking of aversive emotional responses, but also because of error-detection processing, either of which might lead to changes in planning or strategy.

Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

Impacts of Punishment and Ethics Training on Information Security Compliance: Focus on the Moderating Role of Organizational Type (처벌과 윤리교육이 정보보안준수에 미치는 영향: 조직유형의 조절효과를 중심으로)

  • Ahn, Joong-Ho;Park, Jun-Hyung;Sung, Ki-Moon;Lee, Jae-Hong
    • Information Systems Review
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    • v.12 no.1
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    • pp.23-42
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    • 2010
  • Although organizations are given various benefits with information technologies, they sometimes have suffered fatal damages due to information security incidents now such as computer virus, hacking, counterfeiting, plagiarizing, etc. The fundamentalcauses of information security incidents are closely related to individuals who do not comply with information security policy or rules. The spontaneous self-control of individuals and monitoring for individuals could be the most essential solution for the ongoing observance of information security policy. Thus, the purpose of this study is to analyze effects of punishment and ethics training on compliance of information security policy of individuals in organizations, to determine individual divide among security propensity depending on organization types, and to find the more fundamental solution which leads change of organizational members’ behaviors and self-control. Regardless of the type of organizations, the results of the study suggest that there exist positive effects of punishment and ethics training in all types of organization on compliance of information security rules or regulations. A member of unitary form organization has higher cognition of punishment than a member's cognition of the multi-divisional form organization, while relatively lower awareness of ethics training. Also, a member of public organization has higher awareness of ethics training than a member’s awareness of private organization, while lower cognition of punishment. Finally, the result shows that punishment and ethics training may be major factors which affect information security. It also suggests that organizational security managers have to understand and consider organization member’s propensity relying on organization form and organization characteristics for establishment and enforcement of information security policy.

Influence of identifiable victim effect on third-party's punishment and compensation judgments (인식 가능한 피해자 효과가 제3자의 처벌 및 보상 판단에 미치는 영향)

  • Choi, InBeom;Kim, ShinWoo;Li, Hyung-Chul O.
    • Korean Journal of Forensic Psychology
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    • v.11 no.2
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    • pp.135-153
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    • 2020
  • Identifiable victim effect refers to the tendency of greater sympathy and helping behavior to identifiable victims than to abstract, unidentifiable ones. This research tested whether this tendency also affects third-party's punishment and compensation judgments in jury context for public's legal judgments. In addition, through the Identifiable victim effect in such legal judgment, we intended to explain the effect of 'the bill named for victim', putting the victim's real name and identity at the forefront, which is aimed at strengthening the punishment of related crimes by gaining public attention and support. To do so, we conducted experiments with hypothetical traffic accident scenarios that controlled legal components while manipulating victim's identifying information. In experiment 1, each participant read a scenario of an anonymous victim (unidentifiable condition) or a nonanonymous victim that included personal information such as name and age (identifiable condition) and made judgments on the degree of punishment and compensation. The results showed no effect of identifiability on third-party's punishment and compensation judgments, but moderation effect of BJW was obtained in the identifiable condition. That is, those with higher BJW showed greater tendency of punishment and compensation for identifiable victims. In Experiment 2, we compared an anonymous victim (unidentifiable condition) against a well-conducted victim (positive condition) and ill-conducted victim (negative condition) to test the effects of victim's characteristics on punishment for offender and compensation for victims. The results showed lower compensation for an ill-conducted victim than for an anonymous one. In addition, across all conditions except for negative condition, participants made punishment and compensation judgments higher than the average judicial precedents of 10-point presented in the rating scale. This research showed that victim's characteristics other than legal components affects third-party's legal decision making. Furthermore, we interpreted third-party's tendency to impose higher punishment and compensation with effect of 'the bill named for victim' and proposed social and legal discussion for and future research.

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해상교통안전을 위한 안전탄력성에 기반한 시스템 안전기술의 도입 검토

  • 김홍태
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2022.11a
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    • pp.55-56
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    • 2022
  • 현재 해상교통 분야에서는 국제안전관리규약(ISM Code)과 내항선 안전관리체계 등을 통해 해양사고를 저감을 위한 다양한 정책을 추진하고 있으나, 주기적으로 발생하는 대형사고와 잦은 소형어선 인명사고로 인해 타 운송수단에 비해 위험도 높은 것으로 인식되고 있다. 최근 안전분야의 최대 이슈는 2022년 1월부터 시행 중인 "중대재해기업처벌법"이며, 해운업 분야에서는 선박안전관리사 제도 도입 문제와 안전관리의 디지털화 등이 주요 이슈로 떠오르고 있다. 본 발표에서는 최근 안전관리 현황과 주요 이슈들을 살펴보고, 2000년대 들어와 관심을 받고 있고 타 분야에서는 적용이 활발한 레질리언스 안전(Safety II) 개념을 적용한 시스템적 안전관리를 소개하고자 한다.

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Review of Industrial Disasters Related to Serious Disaster Punishment Act (중대재해처벌법 제정에 따른 관련 산업 재해 검토)

  • Jae Hong Lee;Tae Jin Kim
    • Proceedings of the Korea Water Resources Association Conference
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    • 2023.05a
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    • pp.452-452
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    • 2023
  • 1970년대 이후 중화학공업을 중심으로 산업이 발전하면서, 위험한 기계·기구를 사용하게 되었다. 더 나아가 각 산업마다 새로운 공법을 채용하면서 산업재해가 과거에 비해 더 빈번하게 나타나고, 그 피해 역시 과거에 비해 매우 광범위하게 나타났다. 특히, 유해물질을 대량으로 사용하는 산업이 다양해지고, 작업환경 역시 각 산업에 따라 다른 모습을 보이자 이에 따른 직업병의 발생이 기하급수적으로 증가하였다. 이러한 위험은 직접적으로 근로자의 생명과 건강을 해칠 뿐 아니라 사용자에게도 경제적 피해를 주게 되었다. 이러한 위험에 효율적으로 대처하기 위하여 적극적·종합적인 산업안전보건관리가 필요하게 되어 산업안전보건법이 제정되었다. 하지만 산업안전보건법이 제정된 이후에도 같은 사고가 재발하고 현장관리의 소홀, 노동환경 개선 등이 이루어지지 않으며 비슷한 사망사고가 재발하였다. 이러한 산업재해사고를 막기 위해 다양한 방법을 강구하여 왔지만 큰 실효를 보지 못하자 실질적인 효과를 보기 위해 영국의 '기업살인법'을 참고하여 사업주, 경영주, 경영책임자에게 직접적인 책임을 묻고 중대재해 예방과 일하는 사람과 시민의 생명·신체를 보호함에 있음을 분명히 하기 위해 중대재해처벌법이 제정되었다. 이러한 법률이 제정됨에 따라 재해 및 안전에 관한 관심이 전국민적으로 증가하게 되었고 과거보다 많은 관심을 받게 되었다. 그에 따라 본 연구에서는 최근 10년간에 발생한 산업, 중대재해 등에 대하여 발생 사고, 발생 원인, 발생 기간에 따라 정리하였다. 본 연구는 향후 산업, 중대재해 등에 대한 기초자료로 활용될 수 있을 것이다.

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The UK Bribery Act 2010 and Measures Needed for Korean Multinational Corporations in the Era of Korea-EU FTA (영국 뇌물수수법(UK Bribery Act 2010) 시행에 따른 한-EU FTA 시대에 한국 다국적기업의 대처방안 관한 연구)

  • Bae, Sungho
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.253-273
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    • 2014
  • The Korea-EU FTA has substantially escalated the volumes of South Korea's export and investment in the United Kingdom since its ratification. Coupling with the FTA effect, the ease of doing business in the United Kingdom will increase even more trade and investment by South Korean multinational corporations. In the meantime, the UK Bribery Act 2010 was enforced to end bribery by individuals and business entities which have close connection with the United Kingdom. The punishment of violating the Act is severe than ever because of "unlimited" fine. Without fully understanding the Act and have compliance measures as described in the Guidance issued by the UK Ministry of Justice, South Korean corporations may risk its whole business. Therefore, this paper will analyze the UK Bribery Act in details to provide critical implications for South Korean corporations under the Korea-EU FTA.

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Effects of the Parenting Attitude on Children's Thinking Ability (유아의 사고능력에 대한 부모 양육태도의 영향)

  • Lim, Ho-Chan
    • Journal of Gifted/Talented Education
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    • v.18 no.3
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    • pp.613-634
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    • 2008
  • This Study focused on understanding the relationship between the child ren's thinking ability which is based on the genius and the parenting attitude according to their level of age. There were 401subjects including mothers and their children who lived in Seoul city ages from four to six. The Raven CPM testing method for children and the parenting attitude test were used as research tools. Subcategories of the parenting attitude test consisted of the supportive expression, the rational explanation, the achievement press, high involvement, punishment, superintendence, high expectation, and inconsequence. Results showed that by age four children's thinking abilities were affected by the rational explanation, the achievement press, punishment, and superintendence. At age five, the supportive expression and superintendence were important factors to the thinking ability. By age six children were affected by the supportive expression, the rational explanation, punishment and high expectation. It was also discussed the positive or negative effects of the parenting attitude sub-scales to the development of the thinking ability. These results showed the parenting attitudes need to be changed according to the child's age for getting more resonable results to their children's thinking ability.