• Title/Summary/Keyword: 사건의 독립성

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A Definition of an Employee under the Trade Union Act in Japan (일본 노동조합법상의 근로자 개념 - 최고재판소 판례법리를 중심으로 -)

  • Song, Kang-Jik
    • Journal of Legislation Research
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    • no.41
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    • pp.337-366
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    • 2011
  • In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

A Comparison of Psychological Characteristics between Sexually Assaulted and Molested Victims Using the Minnesota Multiphasic Personality Inventory-2 (다면적 인성검사 II를 이용한 성폭행과 성추행 피해자의 심리적 특성 비교)

  • Lee, Sang-Min;Kim, Sung-Jin;Jung, Do-Un;Kang, Je-Wook;Moon, Jung-Joon;Jeon, Dong-Wook;Lee, Yoon-Ho;Kim, You-Na
    • Korean Journal of Psychosomatic Medicine
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    • v.25 no.2
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    • pp.101-110
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    • 2017
  • Objectives : This study analyzed psychological aftereffects and made comparisons between victims who were either sexually assaulted or molested using the Minnesota Multiphasic Personality Inventory-2(MMPI-2). Methods : The participants were adult women who visited the Busan Smile Center within 6 months following sexual assault. This study categorized the participants according to types of sexual violence and then identified their social demographic features and characteristics. Student's t-tests were carried out to compare the MMPI-2 results between the sexually assaulted group and sexually molested group. Chi-square tests were also conducted to compare between participants who scored above 65T. Results : Among the 55 participants, 32 were sexually assaulted; 23 were sexually molested. Significant differences between the two groups were found in the following scales: F, F(B), F(P), Pt, Sc, Ma, RC6 and PSYC. Moreover, the number of participants with higher scores in the Pa, Pt, Sc, RC6, and PSYC scales in the sexually assaulted group was significantly higher than in the sexually molested group. Conclusions : Both groups of victims may commonly suffer beyond the moderate level of depression and anxiety in the post-case term. In addition, the sexually assaulted group seems to suffer relatively more from panic and psychological pain than the sexually molested group does.

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.

Teaching Democracy in Indonesian Civic Education Textbook (인도네시아 시민윤리교육 교과서에서의 민주주의 교육)

  • KIM, Hyun Kyoung
    • The Southeast Asian review
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    • v.27 no.3
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    • pp.1-47
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    • 2017
  • This paper examines how democracy is being taught in secondary school level of Indonesian civic education. For this purpose, this study analyses the textbook contents concerning democracy. First, this study sets the freedom, the right, the unity and the stability as key words and analyzes the characteristic of describing democracy by looking at how each keyword is explained in the textbook. The result of analysis shows that democracy of Indonesia can be described as "Pancasila democracy" and textbooks have tendency to relatively emphasize 'the unity', and 'the stability' by differentiating themselves from "liberal democracy" and "liberalism." The freedom in textbook can be interpreted in the context of organic-statism that state and interests of state have the ascendancy over individuals. This viewpoint is based on the historical contexts of Indonesia. However, when textbook describes about Indonesian democracy and its values, they deal with contents of democratic principles, "the freedom of opposition", "the negative freedom", and natural rights. And the study interprets the existence of the two contrasting concepts - relative emphasis on the unity of state and the statement about the importance of individual rights and the freedom - in the textbook as a logical tension in transitional process of traditional organic-statism. Second, the study examines educational contents in accordance with the method of description in textbook. It has been found that there are logical tension and fallacy in describing the principle of fundamental concepts and applicate that concepts into Indonesia case. Also, when describing Marsinah and Munir case, there are some parts distorted and overlooked the facts. On the other hand, the gaps between the explanation in textbook and reality can be pointed out. This study which examined textbook and contents of the rights of the individual is an introductory study on textbook, education and democracy for development of Indonesia and their education.

Effects of Gender and Perpetrator age on the Perceptions of Child Sexual Abuse (성별과 가해자 연령이 아동 성폭력 사건 인식에 미치는 영향)

  • Kim, Hyeonseung;Park, Jisun
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.287-307
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    • 2020
  • Child sexual abuse (CSA), under the age of 13, has increased over the past ten years, but research on the perceptions of perpetrators and victims have mainly focused on sexual violence against adults. Differentiating the age of the perpetrator into child, adolescent, and adult, the present study examined differences in perceptions of perpetrators and victims of child sexual abuse. The study also investigated differences by the gender of respondents, and examined the effects of Sexual Violence Myths (SVM) and Authoritarian Personality on perceptions of child sexual abuse. A total of 210 people in their 20s to 60s evaluated the degree to perpetrator blaming, perpetrator punishment, victim responsibility, and pain of the victim, and responded to the SVM scale and Authoritarian Personality scale. The correlation analysis, one-way ANOVA, independent samples t-test, and mediation analysis were conducted. The difference in the perception of perpetrator punishment by the age of the perpetrator was significant, indicating that respondents thought that adolescent perpetrators should be more severely punished than child perpetrators. Male respondents compared to female respondents were more likely to attribute the responsibility of sexual assault to the victim, to accept sexual violence myths and to be authoritarian. Sexual Violence Myths mediated the effects of the gender of respondents on the perception of victim responsibility, and Authoritarian Personality moderated these mediation effects. Finally, the limitations and implications of the study were discussed.

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How to deal with Fraud Cases in L/C-based Transactions in International trade business (국제무역거래(國際貿易去來)에서의 신용상거래(信用狀去來) 사기사건(詐欺事件)의 대처방안(對處方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.173-199
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    • 2008
  • A letter of credit transaction of the preexistence have been raising one's head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary's notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

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The Effects of Dual-Task on Stepping Over Obstacles From a Position of Quiet Stance in Younger and Older Adults: A Pilot Study (장애물 보행시 젊은 사람과 노인들의 보행 양식에 대한 이중과업 수행의 효과)

  • Kim, Hyeong-Dong;Yoon, Bum-Chull
    • Physical Therapy Korea
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    • v.9 no.4
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    • pp.1-11
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    • 2002
  • 본 연구의 목적은 이중과업 방법론(dual task methology)을 사용해서 젊은 사람과 노인을 대상으로 독립된 두 사건(two separate concurrent events)을 동시에 수행하는데 요구되는 주의력에 대한 분석과 노인에서의 특징적 차이를 찾는 것이다. 본 실험은 대상자가 힘판(force plate) 위에서 장애물(10cm) 보행시에 경피자극(cutaneous stimulation)에 대하여 마이크로 스위치(micro-switch)를 사용하여 반응하면서 시행되었다. 힘판과 시간(temporal events) 그리고 반응시간(reaction time)에 관한 자료들은 1000 Hz의 주파수로 수집되었다. 반응시간은 대상자들이 서 있는 상태(baseline) 장애물 보행시(dual task)에서 수집되었다. 반응시간은 아중과업 조건에서 대상자 모두에게서 긴 것으로 나타났으며 특히 노인에서 정상 성인보다 반응시간이 긴 것으로 나타났다. 이중과업 조건 하에서 노인 대상자가 정상 성인에 비해 발가락이 장애물에 닫지 않고 통과할 수 있는 공간, 즉 토우 클리어런스( toe-clearance)와 슬관전 굴곡(knee flexion) 각도가 훨씬 큰 것으로 나타났다. 이중과업 조건하에서 모든 대상자가 족관절 배측굴곡(ankle dorsiflexion) 각도를 감소시키는 것으로 나타났다. 노인들은 젊은 대상자들보다 훨씬 더 긴(124 ms) 유각시간을 보여 주었으며 정상 장애물 보행시 유각 시간은 이중과업보다 50 ms 긴 것으로 나타났다. 이러한 보행 특성의 차이는 노인대상자들이 젊은 대상자들보다 장애물 보행시에 이중과업의 영향을 더 받았기 때문인 것으로 판단된다. 이중 과업 시행시 이러한 토우 클리어런스의 감소와 장애물 통과시에 보행 속도의 증가는 아마도 낙상의 가능성을 증가시키는 요인이 될 수 있는 것으로 보여진다. 본 연구의 결과는 다중과업(multitasks)을 필요로 하는 보행 훈련 프로그램(gait training program)의 개발과 시행에 있어서 기초적인 자료를 제공할 수 있는 것으로 보여진다.

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Labor Force Withdrawal And Entry (Surrounding First Birth of Married Women) (출산을 전후한 시기 여성의 노동시장 이탈과 진입 (미국 기혼여성의 경우))

  • 장지연
    • Korea journal of population studies
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    • v.20 no.2
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    • pp.5-42
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    • 1997
  • This study contributes to understanding women's labor market behavior by focusing on a particular set of labor force transitions - labor force withdrawal and entry during the period surrounding the first birth of a child. In particular, this study provides a dynamic analyses, using longitudinal data and event history analysis, to conceptualize labor force behaviors in a straightforward way. The main research question addresses which factors increase or decrease the hazard rates of leaving and entering the labor market. This study used piecewise Gompertz model, following the guide of the non-parametric analysis on the hazard rates, which allowed relatively detailed description on the distribution of timing of leave and entry to the labor market as parameters of interest. The results show that preferences and structural variables, as well as economic considerations, are very important factors to explain the labor market behavior of women in the period surrounding childbirth.

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An Active Functionality Component to Support Timely Collaboration among Businesses in B2B EC Environment (B2B 전자 상거래 환경에서 기업 사이의 적기 협력 지원을 위한 능동 기능 컴포넌트)

  • Lee Dong Woo;Lee Seong Hoon;Hwang Chong Sun
    • Journal of KIISE:Computing Practices and Letters
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    • v.11 no.2
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    • pp.165-179
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    • 2005
  • Close collaboration among businesses is required in B2B EC environment. Furthermore, emergency requests or critical information among businesses should be processed in an immediate mode. Most current systems, however, due to firewalls for the systems' security and autonomy, can not handle these requirements appropriately, but handle them in an ad hoc manner In this paper a method of timely collaboration among businesses and an active functionality component to support it in B2B EC environment are proposed. Since the active functionality component supports high level ECA rule patterns and event-based immediate processing, system administrators and programmers can easily program and maintain the timely collaboration independently to the application logic. The proposed active functionality component uses HTTP protocol to be applied through firewalls and is designed using a commercial DBMS for practical purpose.

Risk Assessment for a Steel Arch Bridge System Based upon Response Surface Method Compared with System Reliability (체계신뢰성 평가와 비교한 응답면기법에 의한 강재아치교의 위험성평가)

  • Cho, Tae-Jun
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.20 no.3
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    • pp.273-279
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    • 2007
  • Probabilistic Risk Assessment considering statistically random variables is performed for the preliminary design of an Arch Bridge. Component reliabilities of girders have been evaluated using the response surfaces of the design variables at the selected critical sections based on the maximum shear and negative moment locations. Response Surface Method (RSM) is successfully applied for reliability analyses lot this relatively small probability of failure of the complex structure, which is hard to be calculated by Monte-Carlo Simulations or by First Order Second Moment method that can not easily calculate the derivative terms in implicit limit state functions. For the analysis of system reliability, parallel resistance system composed of girders is modeled as a parallel series connection system. The upper and lower probabilities of failure for the structural system have been evaluated and compared with the suggested prediction method for the combination of failure modes. The suggested prediction method for the combination of failure modes reveals the unexpected combinations of element failures in significantly reduced time and efforts, compared with the previous permutation method or conventional system reliability analysis method.