• Title/Summary/Keyword: 상구체

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Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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Protecting Game Developers Under the Works-for-hire Clause of Copyright Law (게임개발자 창작 권리보호 방안에 관한 소고 -저작권법의 업무상저작물제도를 중심으로)

  • Choi, Ji-Sun
    • Journal of Korea Game Society
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    • v.11 no.4
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    • pp.73-91
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    • 2011
  • This paper investigates the possibilities of protecting game developers under the work-for-hire provision of copyright law. Fundamentally, the work-for-hire clause provides the authorship status to companies, not to game developers. Some argue that the clause is especially appropriate in software industries including game industries because they are new and different from typical types of copyright industries. However, game industries are different from software industries as well as typical types of copyright industries in that they have both cultural (artistic) as well as industrial characteristics. Game developers not being provided with the authorship status may be one of the reasons for the disputes related to turnover and knowledge leakage. This paper mainly suggests three kinds of solutions: first, protecting the moral right even in the work-for-hire provision; second, protecting game developers as coauthorship; and third, providing monetary compensation as it is in employee invention.

A study on RF characteristics of fishbone-type transmission line on PES substrate for application to flexible wireless communication device (플렉시블 무선통신소자 응용을 위한 PES 박막상의 Fishbone 형태의 전송선로에 대한 RF 특성연구)

  • Yun, Young
    • Journal of Advanced Marine Engineering and Technology
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    • v.38 no.3
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    • pp.302-311
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    • 2014
  • In this work, a FTTL (fishbone-type transmission line) structure was fabricated on PES (polyether sulfone) for a realization of transparent flexible wireless communication device, and its RF characteristics were investigated. According to the results, the FTTL on PES showed a short wavelength characteristic compared with conventional coplanar waveguide. Concretely, the wavelength of the FTTL was 2.23 mm at 50 GHz, which was 56.6 % of the conventional coplanar waveguide. According to the bandwidth extraction result, the passband of the FTTL on PES was 608 GHz. Unlike conventional periodic structures, the characteristic impedance of the FTTL on PES showed a very low frequency dependency, which means that the FTTL on PES can be used for application to transmission line and distributed passive components with a broadband operation frequency.

A Study on Spatial Statistical Perspective for Analyzing Spatial Phenomena in the Framework of GIS: an Empirical Example using Spatial Scan Statistic for Detecting Spatial Clusters of Breast Cancer Incidents (공간현상 분석을 위한 GIS 기반의 공간통계적 접근방법에 관한 고찰: 공간 군집지역 탐색을 위한 공간검색통계량의 실증적 사례분석)

  • Lee, Gyoung-Ju;Kweon, Ihl
    • Spatial Information Research
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    • v.20 no.1
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    • pp.81-90
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    • 2012
  • When analyzing geographical phenomena, two properties need to be considered. One is the spatial dependence structure and the other is a variation or an uncertainty inhibited in a geographic space. Two problems are encountered due to the properties. Firstly, spatial dependence structure, which is conceptualized as spatial autocorrelation, generates heterogeneous geographic landscape in a spatial process. Secondly, generic statistics, although suitable for dealing with stochastic uncertainty, tacitly ignores location information im plicit in spatial data. GIS is a versatile tool for manipulating locational information, while spatial statistics are suitable for investigating spatial uncertainty. Therefore, integrating spatial statistics to GIS is considered as a plausible strategy for appropriately understanding geographic phenomena of interest. Geographic hot-spot analysis is a key tool for identifying abnormal locations in many domains (e.g., criminology, epidemiology, etc.) and is one of the most prominent applications by utilizing the integration strategy. The article aims at reviewing spatial statistical perspective for analyzing spatial processes in the framework of GIS by carrying out empirical analysis. Illustrated is the analysis procedure of using spatial scan statistic for detecting clusters in the framework of GIS. The empirical analysis targets for identifying spatial clusters of breast cancer incidents in Erie and Niagara counties, New York.

The Hero with Two Faces: Heroes as Portrayed in The Jeon-gyeong (두 얼굴을 가진 영웅 - 『전경』의 영웅을 중심으로 -)

  • Lee, Young-jun;Kim, Jin-young
    • Journal of the Daesoon Academy of Sciences
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    • v.32
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    • pp.201-236
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    • 2019
  • Heroes are the subjects who discover hope and provide people with courage and wisdom. At the same time, heroes have been known to renovate individuals and even societies on various dimensions throughout history. In recent times, a new academic field called 'heroism science' has emerged, leading to an era which focuses on their positive social functions and roles as reflected by war heroes from ancient times to ordinary civic heroes. However, attention is rarely paid to the ways in which their heroic acts have sometimes resulted in ethical problems such as the exertion of negative influences or the degradation of morality. Specifically speaking, people affected by the acts of heroes include not only beneficiaries but also specific subjects who could be considered victims. In a broad sense, the results caused by heroic acts could have an influence on harmony and unity in societies, the hero's nation, or even the entirety of the universe, and this is often overlooked. Given these realities, this study aims to understand how heroic acts simultaneously imply a positive side wherein cosmic restoration or reform are practiced and a negative side which carries out the destruction of life or the birth new disorders. In other words, the limitations of heroism is also worth consideration. To conduct this study, research on heroes will be comprehensively studied from various academic perspectives through previous documents on this subject. Western concepts that relate to heroes and heroic acts will be also illustrated. Reflections on Jeungsanist Thought, Korean heroes, and the limitation of heroes in the Former World will also be elucidated. Lastly, this study will discuss an authentic heroic figure that can be held up as an exemplary role model.

Management Technique of Energy-Efficient Cache and Memory for Mobile IoT Devices (모바일 사물인터넷 디바이스를 위한 에너지 효율적인 캐시 및 메모리 관리 기법)

  • Bahn, Hyokyung
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.21 no.2
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    • pp.27-32
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    • 2021
  • This paper proposes an energy-efficient cache and memory management scheme for next-generation IoT devices. The proposed scheme adopts a low-power phase-change memory (PCM) as the main memory of IoT devices, aims at minimizing the write traffic to PCM, which is vulnerable to write operations. Specifically, when a cache block of the last-level cache memory is flushed to main memory, the cache block that causes less writes to PCM is preferentially replaced by tracking the modifications of each cache line that constitutes the cache block. In addition, by considering the reference bit of the cache block and the dirty bit of the cache lines, our scheme reduces the energy consumption without degrading the memory system performances. Through simulations using SPEC benchmarks, it is shown that the proposed scheme reduces the write traffic to PCM by 34.6% on average and the power consumption by 28.9%, without memory performance degradations.

Metering scheme for client privacy protection (방문자의 프라이버시를 보호하는 측정 방식)

  • Park, Choon-Sik
    • Journal of Digital Convergence
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    • v.11 no.5
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    • pp.291-298
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    • 2013
  • Metering scheme is composed of servers, clients, and an audit agency who collects the information for the clients which have been processed by servers. Although many efficient and secure metering schemes have been proposed in the literature, they do not consider the client privacy issue. To mitigate this limitation of the related work, we propose a metering scheme to protect the privacy of clients in internet. More specifically, we apply RSA based blind signature to the interaction between client and audit agency. If a client spends metering information to the server more than twice, the identity of the client is revealed by the server or audit agency.

Possibilities and Limits of the Referential Tense Theory: Interpretation of Tense and Aspect in Embedded Sentences (지시적 시제 이론의 가능성 및 한계: 종속 문장의 시제와 상의 해석을 예로)

  • Kang, Jung-Goo;Lee, Jae-Sung;Park, Jun-Sik;Park, Yong-Chan;Park, Dong-In;Choi, Key-Sun
    • Annual Conference on Human and Language Technology
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    • 1997.10a
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    • pp.396-402
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    • 1997
  • 본 논문에서는 Reichenbach(1947), Partee(1973, 1984) 및 Klein(1994)이 발전시킨 지시적 시제 이론 (Referential Theory of Tense)을 의미/통사론적으로 형식화 함으로써 이 이론의 의미론적, 통사론적 응용 가능성을 보여준다. 또한 이 논문에서는, 의미/통사론적으로 형식화된 지시적 시제 이론을 종속 문장의 시제와 상의 의미 및 구조 해석을 위하여 도입함으로써 이 이론의 장점과 문제점을 구체적으로 보여주려고 시도한다.

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Analysis of Web Log Using Clementine Data Mining Solution (클레멘타인 데이터마이닝 솔루션을 이용한 웹 로그 분석)

  • Kim, Jae-Kyeong;Lee, Kun-Chang;Chung, Nam-Ho;Kwon, Soon-Jae;Cho, Yoon-Ho
    • Information Systems Review
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    • v.4 no.1
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    • pp.47-67
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    • 2002
  • Since mid 90's, most of firms utilizing web as a communication vehicle with customers are keenly interested in web log file which contains a lot of trails customers left on the web, such as IP address, reference address, cookie file, duration time, etc. Therefore, an appropriate analysis of the web log file leads to understanding customer's behaviors on the web. Its analysis results can be used as an effective marketing information for locating potential target customers. In this study, we introduced a web mining technique using Clementine of SPSS, and analyzed a set of real web log data file on a certain Internet hub site. We also suggested a process of various strategies build-up based on the web mining results.

A Study on Development of Evaluation Indicators to Collaborative Energy Saving Projects with NGO (에너지절약 민간단체 협력사업의 성과분석 평가지표 개발)

  • Lim, Ki Choo
    • Journal of Energy Engineering
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    • v.24 no.3
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    • pp.142-149
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    • 2015
  • The aim of this study was to develop a evaluation indicator to collaborative energy saving projects with NGO. We set the indicator based on expert advice, and refer to the preceding case study. The indicator has been set for the purpose of analyzing in planning, execution, performance phase to projects. In planning phase these consist of indicator such as project selection and rating, projects goals and concrete plans, etc; and systematic way of projects promotion, projects management and follow-up, and participation on selected contents, etc in execution phase; and achieve their goals, participant satisfaction, etc in performance phase.