• Title/Summary/Keyword: 재판공정성

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Legal Culture and Corruption: A Cross-National Analysis of Effects of Courts Fairness and Courts Accessibility on Corruption (법문화(legal culture)와 부패인식: 사법서비스에 대한 접근성과 재판의 공정성 효과를 중심으로)

  • Kim, Hyeongmyeong;Suh, Jaekwon
    • Korean Journal of Legislative Studies
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    • v.25 no.2
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    • pp.141-177
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    • 2019
  • This paper explains cross-national variation of CPI(corruption perception index) centering on legal culture. By critically reviewing previous researches on effects of British common law system on corruption, we define legal culture as citizens' perception of their legal system. Specifically, measuring legal culture with respect to courts fairness and courts accessibility, we test two hypotheses on effects of legal culture on corruption. A cross-national comparison of 78 countries with OLS regression analyses reveals that courts fairness tends to lower the level of corruption while courts accessibility does not have a significant effect on corruption. Based on this result, we suggest policy implications for judicial reform as well as anti-corruption measure, which puts more emphasis on reforming legal practice that hinders courts fairness than increasing legal service supply. In addition, as the essence of legal culture lies in citizens' shared perception of the legal system, we argue that a broad and solid citizens' consciousness of fair and equitable legal procedures is indispensable in preventing corruption.

Problems and its Remedy of the New Citizen Participation in Criminal Trial (국민참여재판의 문제점과 개선방안)

  • Jeong, Byeong-Gon
    • The Journal of the Korea Contents Association
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    • v.11 no.12
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    • pp.250-257
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    • 2011
  • 3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Blockchain-based ticket trading system (블록체인 기반 티켓 거래 시스템)

  • Seong-Eun Park;Yeon-Hui Park;Joo-Hyun Lee;Seon-Jeong Heo
    • Proceedings of the Korea Information Processing Society Conference
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    • 2023.05a
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    • pp.246-247
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    • 2023
  • 최근 문화 공연 수요의 증가에 따라 암표 거래도 증가하는 추세이다. 이를 해결하고자 본 논문은 블록체인 기반 티켓 거래 시스템을 제시한다. 메타마스크로 티켓 거래를 진행하며 블록체인에 거래 내역을 기록함으로써 악의적인 재판매 행위를 근절하는데 목적이 있다. 블록체인 기술을 활용해 티켓 거래 내역의 위변조 위험성을 낮추고 무결성을 보장하여 기존 티켓 거래 사이트보다 높은 신뢰성을 제공한다. 또한 티켓 재판매 시 가격을 원가 이하로 제한하고 양도자의 지갑 주소를 양수자에게 비공개하여 사이트 외 추가적인 불법 거래를 방지한다. 본 연구가 공정한 디지털 거래 환경을 조성할 것이라 기대한다.

선박충돌 원인제공비율 산정제도에 관한 고찰 -전문가 설문조사분석을 중심으로

  • Kim, Tae-Gyun;Hong, Seong-Hwa
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2012.06a
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    • pp.180-182
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    • 2012
  • 선박충돌사고 원인의 제공 정도를 밝혀 해양사고를 재발방지를 목적으로 1999년 2월 "선박충돌사고 원인제공비율 산정제도"를 마련하였으며, 2007년 1월 원인제공비율 산정지침을 제정하여 시행해 오고 있다. 이 제도의 또 다른 도입목적은 해양안전심판원의 원인제공비율을 민사재판에서 사법부가 적극 인용함으로써 해양사고관련자들 간의 신속한 분쟁해결과 경제적 부담 감송 등에 기여함에 있다. 그러나 민사소송에 있어 제공된 원인제공비율이 과실비율로 인정되는 등의 이유로 원인제공비율 산정제도가 사법권의 침해하고 있다는 문제점도 지적되고 있다. 따라서 본 연구에서는 원인제공비율 산정제도의 시행 이후 이 제도의 시행자 및 사용자 등 전문가 집단을 대상으로 설문조사를 실시하여 제도의 효과 및 문제점 등을 분석하였다. 전문가 집단 응답자의 대부분이 제도의 필요성 (94.3%), 유용성 (88.6%) 및 신뢰성 (73%)을 피력하고 있는 것으로 나타났다. 그리고 이 제도가 필요한 이유로는 "손해배상분쟁의 신속한 해결", "충돌사고 재발방지", 그리고 "이해당사자의 편의제공" 때문임을 알 수 있었다. 그러나 제도의 개선을 위해서는 원인제공 비율의 표시에 있어 보다 객관적인 기준과 정량성 및 전문성의 확보가 필요하다는 지적도 확인하였다. 따라서 원인제공비율 산정제도의 개선방안으로 원인제공비율산정에 대한 신뢰성 및 공정성의 확보, 심판관에 대한 법률적 지식과 법적 소양강화 및 전문법조인의 심판관으로의 영입 등이 필요하다고 판단된다.

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The Effect of Organizational Justice on the Organizational Commitment of Police Investigators - Focusing on the Mediating Effect of Trust of Supervisors - (수사경찰의 조직공정성이 조직몰입에 미치는 영향 -상사신뢰의 매개효과를 중심으로-)

  • Han, Jin-Tae;Kwack, Dae-Gyung
    • Korean Security Journal
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    • no.62
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    • pp.159-183
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    • 2020
  • The court in Korea values evidence justice, and also demands justification for the process of collecting evidence. Therefore, it is necessary to raise the level of organizational commitment, which means that the police investigators performing these tasks feel attached to the police organization they belong to, and that they feel united about the goals of the organization. Based on this recognition, the study analyzed the effects of the police's perception of organizational Justice on organizational commitment, and classified organizational Justice into distributive Justice, procedure Justice and interaction Justice. Therefore, this study analyzes the effect of the police's perception of organizational Justice on organizational commitment and verifies the effect through multiple regression analysis by injecting the trust of Supervisors into a mediating variable. The study was also conducted on the assumption that the trust of Supervisors is important in carrying out the field investigators work in the South Korean police. To achieve the purpose of this research, a total of three surveys were conducted from May 2017 to October 2019 at the National Police Agency using the selection process of investigators and job training courses for the national police, and a total of 500 copies were used as analysis data. Looking at the results analysis of this study, first, it was found that there was a statistically significant static (+) effect on organizational commitment, where the organizational Justice of police officers was a independent variable. Second, the relationship between organizational Justice and organizational commitment has shown that the trust of Supervisors has a mediating effect in korean police organization.