• Korean Journal of Culture and Social Issue
• /
• v.11 no.spc
• /
• pp.117-131
• /
• 2005

The present research integrated various theoretical perspectives of human unlawful behaviors in order to clarify the psychological mechanisms that underly the changes in compliance with and attitude toward law as time goes. Most well-known theories such as classical theory of crime, biosocial and evoluationary theories, and psychological perspectives including psycho-dynamic theory, personality, intellectual/moral development theories, and decision-making were discussed in their unique points in explaining human unlawful behaviors. Finally, social-learning theory and cognitive-dissonance theory has been suggested to explain the psychological mechanism of the phenomena in which people's attitude toward law and compliance with law become weaken through violation experiences of trivial lawful regulations. Especially, the logic of cognitive-dissonance theory (that people committed violation of trivial laws should experience dissonance with their original belief of compliance with law and negative arousal and try to remove the arousal by change their belief along with their behavior) were theoretically convincing to explain the phenomenon and supported by a series of experimental studies. Several practical implications for future constitutional and political activities were discussed in the basis of the cognitive dissonance theory.

• Journal of Korean Society of Transportation
• /
• v.25 no.2 s.95
• /
• pp.95-105
• /
• 2007

Speeding and drunken driving make drivers fail to detect hazards and cope with various driving situations. These behaviors also raise the possibility of being involved in traffic accidents and tend to increase the number of fatalities. The authors compared the driving behavior determinants of a rockless drivers group, consisting of individuals who have committed traffic accidents or offended regulations through drunken driving, with a normal drivers group. In the results, the reckless drivers group showed high scores of 'speeding' and 'drunken driving', and they also stated that they had more experiences of speeding, drunken driving and traffic accidents. In the path analysis study, it was found that the impacts of the rockless drivers group's 'risk sensitivity' and 'situational adaptability' on traffic accidents were stronger than those of normal drivers. This means 'risk sensitivity' and 'situational adaptability' can explain the origins of traffic accidents better in the reckless drivers group than accidents of the normal drivers group.

• Review of KIISC
• /
• v.21 no.5
• /
• pp.21-26
• /
• 2011

최근 들어 인터넷사업자들이 웹상에서 제공하는 새로운 서비스가 각국의 개인정보보호 법제에 저촉되는 사례가 늘고 있다 인터넷사업자들이 국경을 넘어 정보를 수집하고 이를 가공처리, 저장하는 과정에서 본인의 동의를 얻지 않거나 개인정보를 익명처리하지 않은 것이 주로 문제가 되고 있다. 본고는 국제적으로 서비스를 하고 있는 대형 인터넷사업자가 프라이버시 침해 혐의를 받고 있는 사례를 알아보고, 무엇이 문제가 되는지 쟁점을 검토하였다. 특히 현지 감독당국이 글로벌 인터넷사업자의 위법사실을 적발하였더라도 해당 사업자가 대리인이나 분신 도구를 통하여 행동한 사실이 없으면 본사에 제게를 가할 수 없는 실정이다. 사이버공간에서는 실제 위반행위자가 없더라도 중대한 개인정보를 침해하는 결과를 가져온다면 영화 <아바타>에서와 같은 해결방법을 모색해볼 수 있다. 아바타는 독자적인 사고나 판단능력이 전혀 없지만, 나비족이 사는 낙원이 지구인에 의하여 파괴될 수 있는 상황에서 아바타와 이를 조종하는 사람들이 한 몸이 되어 나비족과 힘을 합쳐 아름다운 낙원을 지켜낸다. 즉, 인터넷사업자가 국내 실재하지 않더라도 그의 활동결과로 볼 수 있는 침해행위가 발생하고, 그 결과 회복할 수 없는 피해가 발생할 우려가 있으며, 본인과 아바타를 한 몸으로 볼 수 있다면 아바타를 통해 위법행위를 저지른 본사의 책임자를 처벌할 수 있어야 한다. 만일 그 책임자를 특정할 수 없더라도 그의 감독책임이 있는 본사 법인에 책임을 물을 수 있다고 본다. 만일 법원에서 이러한 '아바타 이론'을 수용한다면 국내에서도 외국 본사에 벌금을 과하는 등 처벌이 가능할 것이다. 다만, 해당 인터넷사업자의 반발도 만만치 않을 것이므로 주요국 개인정보 감독기구는 수사정보를 교환하는 등 국제적으로 긴밀한 협조체제를 갖출 필요가 있다.

• The Korean Journal of Air & Space Law and Policy
• /
• v.24 no.2
• /
• pp.211-234
• /
• 2009

North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

• Journal of Korea Technology Innovation Society
• /
• v.16 no.2
• /
• pp.444-475
• /
• 2013

This study explores the trajectories of institutionalization for technology transfer both in the U.S. and Korea, particularly focusing on two universities: Korea Advanced Institute of Science and Technology (KAIST), and the University of California (UC). By comparing the diverging paths of the two universities in setting up institutions, this paper examines the limits of and lessons for technology transfer policies both to Korean government and universities in Korea. The University of California was involved in designing rules and codes, on one hand, to stimulate its members' engagements with technology transfer activity and, on the other hand, to keep its academic integrity since, no later than, the 1960s. The efforts and consequences range from its rules of patenting system to its codes of conducts. Through making rules formal and resolving conflicts on technology transfer activity, the U.S., and the University of California have decreased uncertainties for its members' engagements with industries. By contrast, KAIST has not built up such range of rules or codes due to its shorter experience and its constraining legal contexts. Korea introduced the legal format of the US Bayh-Dole Act in 2002, and its central government has led the initiatives for technology transfer, not allowing much latitude for its universities. This study implies a set of policy recommendations to the Korean government and KAIST: to build entrepreneurial universities, the government should give greater latitude to universities, so universities should be more rigorously engaged in developing their own rules and routines; the government, rather, should focus on providing bridging R&D funds like the Small Business Innovation Research (SBIR), so researchers could draw on resources to move their basic research into next phases; KAIST would be better to promote its members to engage with industries, and introduce conduct codes that allow its academics to engage in industrial activity, rather than building up its commercialization facilities.