• Title/Summary/Keyword: 사실인정

Search Result 293, Processing Time 0.02 seconds

Debiasing the biases induced by defendant's character evidence (피고인의 성격증거로 유도된 편향 감소 방안)

  • Ko, Minjo;Park, Jooyong
    • Korean Journal of Forensic Psychology
    • /
    • v.11 no.1
    • /
    • pp.63-87
    • /
    • 2020
  • Judgment and decision-making studies have shown that people are easily influenced and biased by information irrelevant to the object of judgment. There is a great deal of research that indicates that bias exists in the legal judgment scene. One of them is a bias induced by defendants' character evidence. This study examined whether cognitive activities such as discussion, counterfactual thinking, and peer assessment could reduce the bias induced by the character evidece. In Experiment 1, 121 college students were asked to give the percentage they believed the defendant to be guilty. There was no cognitive activity for the control group. There were three different cognitive activities for the experimental group: discussion, counterfactual thinking and discussion, and counterfactual thinking and peer assessment. Results showed reduction in bias for all the experimental groups, and there was no difference between them. In Experiment 2, there were 125 participants from general population for the same procedure as in Experiment 1. Results showed reduction in bias only for the counterfactual thinking and discussion group. In general discussion, we speculated the implication of the results and the reason for the difference between the two experiments.

  • PDF

The 'Trojan Horse' of Old Age Income Security System Retrenchment in Korea : the Examination of Policy Changes on Basic Old Age Pension for the Rich (기초연금제도 축소의 '트로이 목마' : 부유층 노인 수급제한조치에 대한 실증적 비판)

  • Kim, Seongwook;Han, Sinwil
    • Korean Journal of Social Welfare
    • /
    • v.66 no.3
    • /
    • pp.231-251
    • /
    • 2014
  • Recently, Korean government documented the plan to cope with the situation related to rich pensioners of Basic old-age pension. The purpose of this paper is to verify that how many rich pensioners are existing and to evaluate government reform plan's validity and effect. Main results are as follows; firstly, if the definition of rich pensioners is on the top 10%, the proportion of them would form 2.9% of total. And then, an amount of expenditure for them is only 2.6% of total. Secondly, in terms of disposable income, debt, and transfer income from child, the household who would be applied by government's plan is not richer than other household who is in the same living standard. And then, if the government's plan enforced, the effect might be very small. Lastly, the plan of government will discriminate against persons who support their parent. As a result, Basic old-age pension will be worsen. This paper should underline that the government's reform is only the 'hidden' retrenchment strategy in order to introduce a standard of the obligation to support own parent in the state without scientific prediction and serious discussion of negative public opinion. That is why, this is the same as the 'Trojan Horse'.

  • PDF

Status and Prospect of Lactic Acid Bacteria with Antibiotic Resistance (항생제 내성을 가진 유산균의 현황과 전망)

  • Chon, Jung-Whan;Seo, Kun-Ho;Bae, Dongryeoul;Jeong, Dongkwan;Song, Kwang-Young
    • Journal of Dairy Science and Biotechnology
    • /
    • v.38 no.2
    • /
    • pp.70-88
    • /
    • 2020
  • Lactic acid bacteria (LAB) form an essential part of the intestinal microbiota of the human body and possess the ability to stabilize the intestinal microbiota, strengthen immunity, and promote digestion as well as intestinal synthesis of vitamins, amino acids, and proteins. Hence, LAB are currently widely used in various products. However, due to the indiscriminate overuse of antibiotics in humans and livestock, bacterial resistance to antibiotics has been increasing rapidly, which has led to serious problems in the treatment of bacterial infections. Additionally, several reports have revealed that antibiotic-resistant LAB may infect people whose immune systems are not fully developed or whose immune systems are temporarily weakened. Therefore, it is imperative to consider the possibility of antibiotic-resistant LAB causing diseases in humans and animals, investigate the mechanism of action between antibiotics and LAB, and determine the relevant regulations for the safe use of LAB.

Review of 2017 Major Medical Decisions (2017년 주요 의료판결 분석)

  • Lee, Jung Sun;Lee, Dong Pil;Yoo, Hyun Jung;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
    • /
    • v.19 no.1
    • /
    • pp.207-254
    • /
    • 2018
  • The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

Effects of amount of phosphate(${P_2}{O_5}$) applied on growth and yields of soybean (인산시비량의 다소가 대두의 생육 및 수량에 미치는 영향)

  • Ki-Jun Kim
    • KOREAN JOURNAL OF CROP SCIENCE
    • /
    • v.12
    • /
    • pp.37-41
    • /
    • 1972
  • This study has been conducted to estimate the proper amount of phosphatic fertilizer required to increase-yield in growing soybeans on newly reclaimed-sterile land which is short of phosphatic fertilizer. IKSAN, the variety chosen for this study, was planted, using the plant spacing $60cm{\times}30cm$. Phosphatic fertilizer was applied in 4 levels in none, standard, double, and triple amount. and at the same time, nitrogen and postassium were applied only in standard amount. Randomized block design was applied in arranging the experimental plots. A series of results acquired are summarized as follows. 1. The fact was recognized that only the standard amount of phosphatic fertilizer is effective for increasing the pod numbers and the soybean yield per l0a. 2. The difference in stem length and stem diameter was very remarkable even among individual plants in the same plot, Throughout all four of the plots there were difference in stem length and stem diameter. That is to say, any invariable tendency on them due to the amount of phosphatic fertilizer applied could not be observed at all. 3. It was recognized that amount of phosphatic fertilizer applied did not have a considerable influence upon the weight of the seeds and the number of seeds contained in 0.l8ι. 4. It was observed that the weight of 1000 seeds was strikingly increased as far as double the amount phosphatic fertilizer.

  • PDF

Studies on the Evaluation for the Quality of Food by Sensory Testing -III. The Survey of Consumer Acceptance and Preference for Commercial Milk- (관능검사법(官能檢査法)에 의한 식품(食品)의 품질평가(品質評價)에 관(關)한 연구(硏究) -제(第) 3 보(報) : 시판(市販)우유에 대한 소비자(消費者) 기호조사(嗜好調査) 시험(試驗)-)

  • Chae, Soo-Kyu;Yu, Tai-Jong
    • Korean Journal of Food Science and Technology
    • /
    • v.12 no.3
    • /
    • pp.165-169
    • /
    • 1980
  • Consumer acceptance and preference tests for commercial milk were run with laboratory consumer panel. The results were summarized as follows: 1. According to result of the paired comparison preference test between milk K and each of 4 commercial milk tested a significant difference in the consumer preference was not recognized at 5 percent level 2. According to result of hedonic scale test for commercial milk, a significant difference on both treatment and panel member effect was not recognized at 5 percent level. 3. According to result of food action scale test for commercial milk, the frequency of 'I would drink this every opportunity I had' was the highest as 38 percent. 4. According to the rank test for the determination of the preference for milk flavor on the temperature of sample, the frequency of sampling at $20^{\circ}C$ was the highest. 5. A significant difference on the flavor of milk was recognized among 5 samples of commercial milk by both difference test and profile test as reported in the previous paper (Korean J. Food Sci. Technol. 12(3), 150 and 158(1980)), but not by rank test, preference test and hedonic scale test. This fact suggests that rank test, preference test and hedonic scale test are influenced by the difference on the preference of the panel members and on the basis of quality, etc.

  • PDF

A Comparative Assessment Between ACSS of Canada and FedACH of America as a Electronic Payment System (전자결제시스템으로서 캐나다의 ACSS와 미국의 FedACH의 비교연구)

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
    • /
    • v.18 no.1
    • /
    • pp.55-78
    • /
    • 2016
  • This paper discusses on Electronic Payment System between U.S.A. and Canada. In particular, I focused on ACSS compare with FedACH(Fed Automated Clearing House) to advance a research effects. Because both of them is a low-value, high-volume retail payment system which their countries represent. The ACSS(Automated Clearing Settlement System) is the system through which the vast majority of CPA payment items are cleared, through various payment streams. In 2014, ACSS system cleared approximately 6.8billion payments worth a total value of $ 44.9 trillion. While, The FedACH Network are the center of America Commerce, moving more than $40 trillion each year. That's made up of almost 23 billion electronic financial transaction, including direct deposit via ACH, social security and government benefits, electronic bill payments such as utility and mortgage payments. Thus in this article, first of all, I considered features of payment system and the types of payment items between ACSS and FedAch. Second, I analyzed the status of central bank and legal background. Third, I focused on the operational policy and risk aversion policy. Lastly, I suggested that their payment and banking system have to assume, with good reason, more efficiently accurately and securely operation to protect their customer from credit risk and financial fraud.

  • PDF

A Study on Crime Victims' Right to State (범죄피해자의 진술권리에 관한 연구)

  • Park, Ho Jung;Lim, Hee
    • Journal of Digital Convergence
    • /
    • v.11 no.9
    • /
    • pp.13-20
    • /
    • 2013
  • It was just over 20 years ago that the victim who had been seen as the forgotten man in criminal justice system for a long time started to participate in criminal proceedings and state his opinion. Other countries such as America and Japan provide crime victims with the opportunity to state freely about facts of damage as well as their opinions in criminal proceedings at present. However, Korea gives the victim the right of statement as a witness, though the statement of crime victim's opinion is the constitutional right. That is, as crime victims are not free from perjury they cannot actively state their views. Meanwhile, if the freedom of crime victims' statement is guaranteed in law and victims can state opinions with their own voice, victims' statement of opinion will help the victims treat and relieve their psychological damages. For these reasons, it is desirable that Korea, like the U.S. and Japan, gives crime victims the right to state their opinion without fear of perjury in criminal proceedings not as witnesses but as the aggrieved party.

A Study on the Introduction of Raw Image File Formats for the Management of Digital Photographic Records (디지털 사진기록물 관리를 위한 Raw 이미지 파일 포맷의 도입에 관한 연구)

  • Park, Junyoung;Lee, Myounggyu
    • Journal of Korean Society of Archives and Records Management
    • /
    • v.19 no.3
    • /
    • pp.155-178
    • /
    • 2019
  • The study aims to analyze the characteristics and problems of raw image file formats, evaluate its suitability for the management of digital photographic records, and suggest the introduction method to utilize such format in public institutions. Raw image file formats feature reversibility and flexibility. However, most of them are proprietary file formats that depend on the digital camera manufacturer. The DNG format, which was developed to standardize raw image file formats, has received positive reviews from overseas public agencies. However, the DNG format is not fully recognized as a standard; hence, it is appropriate to use it tentatively until the standard raw format appears. On the other hand, the converted digital photo file format is not recognized as an original with legal authenticity. Therefore, in the short term, DNG files created by format conversion and original raw files should be encapsulated and preserved. Furthermore, it is necessary to redefine the baseline of the hash value and file size to recognize the legal authenticity only with DNG files in the long term.

Review of 2015 Major Medical Decisions (2015년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Lee, Dong Pil;Lee, Jung Sun;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
    • /
    • v.17 no.1
    • /
    • pp.299-346
    • /
    • 2016
  • There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

  • PDF