• Title/Summary/Keyword: 절차적 정당성

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The Theoretical Factors of North Korean Refugees' Willingness to Report Crime: Based on the Legal Cynicism, the Procedural Justice, and the Behavior of Law Theory (북한이탈주민의 범죄신고 의지에 영향을 미치는 요인에 대한 연구 - 법적 냉소주의 모형, 절차적 정당성 모형 및 법행동 모형을 중심으로 -)

  • Hong, Seongju;Kim, Juhee;Hwang, EuiGab
    • Korean Security Journal
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    • no.59
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    • pp.161-188
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    • 2019
  • Not much is known about the factors of North Korean refugees willingness to report crime. Based on the survey of 800 North Korean refugees living in the metropolitan area of South Korea, this study examined the theoretical factors influencing North Korean refugees' willingness of reporting crime. Focusing on the legal cynicism, procedural justice, and the behavior of law theory, this research verified that procedural justice model is most important in explaining their willingness to report crime. Variables under procedural justice model(i.e., perceived fairness of the law, confidence in the law, and perceived necessity of the law) were significant in an expected direction. On the other hand, most of the hypotheses based on social conditions derived from the five types of stratification, morphology, culture, organization, and social control presented by Donald Black (1974) showed no significant effects on the intent to report crime among North Korean refugees. Implications for research and policies were discussed based on the findings.

강제조사권의 한계와 대안

  • 이인권
    • Journal of Korea Fair Competition Federation
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    • no.96
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    • pp.2-7
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    • 2003
  • 실익이 없는 무리한 강제 조사권의 도입보다는 혐의가 드러난 담합의 경우 직접 검찰에 고발하거나 내부밀고자 보호 및 보상 강화를 통하여 절차적 정당성 및 정책 실효성을 동시에 확보할 필요가 있다. 각 국의 경쟁당국이 압수$\cdot$수색권을 행사하여 부당한 공동행위를 적발한 경우는 극히 일부분이기 때문이다. 그리고, 유사사례에 대해 향후 엄격하게 공정거래법을 집행함으로써 부당한 공동행위에 대한 사전적인 억제력을 제고해야 한다. 한편으로는 공정위의 시정조치가 있기 전에도 부당한 공동행위의 결과 피해를 본 사적 당사자가 법원에 직접 손해배상을 청구할 수 있도록 하고, 전문가들을 활용하여 담합으로 인한 손해발생 입증과 손해배상액을 추정하여 부당이득을 환수할 수 있어야 한다.

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EVALUATION OF FREQUENTIST AND BAYESIAN INFERENCES BY RELEVANT SIMULATION (베이지안 방법을 포함한 일반적 통계 추론에 대한 상관모의를 이용한 평가방법)

  • 김윤태
    • Proceedings of the Korean Association for Survey Research Conference
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    • 2000.11a
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    • pp.41-62
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    • 2000
  • 현실적으로 통계추론 방법의 적용시, 그 정당성이 보장되는 기본가정이외에도 추가적인 가정이 불가피하여, 본래의 정당성이 퇴색되는 경우가 흔히 발생한다. 따라서 이런 경우에는 통계추론의 평가가 필수적일 것이나, 많은 경우에 분석적 평가를 하기에는 너무 복잡하여, 특정상황을 상정한 모의분석 평가가 주류를 이루고 있다. 본 고에서는 보다 일반적 상황에서의 통계추론의 평가를 위해 브트스트랩방법과 같이 관찰값에 의존한 모의방법(observation-based simulation)을 이용한 평가방법을 제안한다. 우선 설득력 있는 평가요소로서 구간추정시 포함확률(coverage probability)와 같은 빈도성질(frequency property)를 선택하였다. 빈도성질은 고전적 통계추론은 물론 베이지안 통계추론을 대상으로도 의미있는 평가기준으로 판단되는 바, 이를 평가요소로서 선택하고, 이의 추정을 위한 방법과, 그 추정결과의 해석과 나아가 이를 기준으로 한 통계추론 결과의 조정 방법까지 일련의 절차에 대한 방법론을 제시하였다.

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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.

Influences of mental health characteristics and admission experiences on perceived coercion (정신장애 특성과 입원과정의 경험들이 지각된 강요에 미치는 영향)

  • Seo, Mi Kyung;Kim, Seung-Hyun;Rhee, MinKyu;Choi, Yong-Sung;Kim, Sung-Hyun;Lee, Moon-Soo;Lee, Heon-Jeong;Kwon, Young-Joon;Kim, Bong-Jo
    • Korean Journal of Health Psychology
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    • v.16 no.1
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    • pp.1-14
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    • 2011
  • Coercive treatment in mental health has undergone an immense period of philosophical and clinical debate and yet it remains as a highly important issue in which ideology and practice contradict each other. this study focused on the perceived coercion of the persons with mental disorder and analyzed how the characteristics of mental disorder(psychiatric symptoms, psycho-social functions, insight, and the degree of awareness on the need for treatment) and experiences in the process of hospitalization (legal status, coercive measures, and procedural justice) can predict perceived coercion. The participants of this study were 302 patients that has been hospitalized in the psychiatric ward within the period of 4 weeks. 195 participants(64.6%) were male and 106(35.1%) participants were female. MAES, BPRS, GAF, Insight, Legal Status, Coercive Measures, and Need for Treatment were measured. Regression analysis was used to analyze how much perceived coercion can be predicted by characteristics of mental disorder such as the patients' BPRS, GAF, insight, and need for treatment. As a result it showed that among the characteristics of mental disorder insight and awareness of the need for treatment were the main predictors and the characteristics of experiences during hospitalization such as procedural justice, coercive measures, and legal status all displayed significant predictability. As well as implications of results in a practical method of intervention to reduce perceived coercion, the paper discussed issues for limitations and future consideration.

Computer Security Incident Inspection and Response based on Digital Forensics in Windows10 environment (윈도우10 환경의 디지털 포렌식 기반 침해사고 진단 및 대응)

  • HyunWoo Kim;Taeshik Shon
    • Journal of Platform Technology
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    • v.11 no.4
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    • pp.35-49
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    • 2023
  • Recently, real-time cyber threats are constantly occurring for various reasons. Most companies have the characteristic of digitizing important internal information and storing it centrally, so it can be said that the impact is very high when an Computer Security Incident occurs. All electronic device information collected and analyzed in the process of responding to an Computer Security Incident has the characteristic of being subject to change at any time. Submission of related evidence is required in future investigations and courts. At this time, the basic principles of digital forensics, such as the principle of integrity and the principle of chain of custody, must be followed to ensure legitimacy and accuracy of the evidence. In this paper, we propose a digital forensic-based Computer Security Incident Inspection and Response procedure in the Windows 10 environment to secure the legitimacy and accuracy of digital evidence collected and analyzed when an intrusion occurs, prevent intrusion in advance, and quickly recognize it.

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Empirical Analyses on Public Involvement Impact for Master Plan of New Transit System (신교통 시스템도입을 위한 기본계획단계의 PI 효과 실증 분석)

  • Kim, Yeon-Kyu
    • Journal of the Korean Society for Railway
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    • v.14 no.1
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    • pp.80-86
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    • 2011
  • The purpose of this study is to develop conflict management considering justification of planning decision by public involvement (PI) in the context of Korea as an approach to prevent conflicts for railway projects and to achieve consensus building between public and governments. In this study, to evaluate the effectiveness of conflict management in the process of railway planning, we examined the before and after survey on the light rail transit (LRT) planning that was previously conducted. We first conducted estimation on the causal relationships among factors related to acceptance of LRT planning by structural equation model. The estimation results show that conflict management activities and acceptance are positively related. We also discussed as follows: the level of recognition of railway project influences positive effects regardless of conflict management activities, the most important factor with respect to the acceptance is awareness for planning necessity.

Study on Policies for Integrated Pollution Prevention and Control (통합적 환경관리의 정책적 도입방안에 관한 연구)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.149-169
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    • 2009
  • Integrated Pollution Prevention and Control(IPPC) has become an idealistic environmental prevention concept in developed countries and corresponds with principles of Industrial Ecology. The concept of emissions regulatory integration is a key factor for an integrated environmental management system. While most EU member countries have a cross-media regulatory system, Korea has a media-specific regulatory system which was found to have significant environmental management problems. The purpose of this study is to integrate the emissions regulatory system by resolving difficulties through procedural, organizational, and substantive analysis of integration. To this end, the following research was performed: The first task was to determine the target of the integrated emissions regulatory system. In connection with this, the "IPPC directive" of the EU and the "PPCA 2000" schedule 1 of the UK, as well as environmental laws in Korea were compared and analyzed. The second was to design a regulatory system model. This model was divided into three groups after considerations were made regarding the time it would take for the pre-application,application, and permission stages. Lastly, on the basis of this research, a revised bill for an integrated emissions regulatory system was suggested. Nevertheless, substantive analysis of integration focused on BAT requires supplementation in order to make the integrated emissions regulation system operate normally as an environmental management policy and regulation method. To this end, the specific characteristics of Korean society, culture, and law should be actively considered.

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A Comparative Study of Potential Job Candidates' Perceptions of an AI Recruiter and a Human Recruiter (인공지능 인사담당자와 인간 인사담당자에 대한 잠재적 입사지원자들의 인식 비교 연구)

  • Min, Jihyun;Kim, Sinae;Park, Yonguk;Sohn, Young Woo
    • Journal of the Korea Convergence Society
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    • v.9 no.5
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    • pp.191-202
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    • 2018
  • Artificial intelligence (AI) is already being utilized in certain personnel selection processes in organizations; AI will eventually make even final decisions for personnel selection. The present study investigated potential job candidates' perceptions of an AI recruiter by comparing the selection procedures carried out by an AI recruiter to those carried out by a human recruiter. For this study college students in South Korea were recruited. They were each shown one of two recruitment scenarios (human recruiter vs. AI recruiter; between-subject design) followed by questionnaires measuring their satisfaction with the selection procedures and procedural justice, their trust in the recruiter, and their belief in a just world. Results show that potential job candidates were more satisfied with the selection procedures used by the AI recruiter than the human recruiter; they perceived the procedures as fairer than those used by the human recruiter. In addition, potential job candidates' trust in the AI recruiter was significantly higher than their trust in the human recruiter. This study also explored whether potential job candidates' perceptions of the AI and human recruiter were contingent upon their beliefs in a just world. The present study suggests a direction for future research.

Evaluating Teacher Policy of Park Geun-hye Government (박근혜정부의 교원정책 평가)

  • Shin, Hyun-Seok;Yonn, Ji Hee
    • (The)Korea Educational Review
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    • v.23 no.4
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    • pp.101-133
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    • 2017
  • This Study aims to evaluate teacher policy in the Park Administration and to suggest tasks based on the results. To attain the aim, it describes overall teacher policy process in Park Administration and evaluates teacher policy based on the criteria which was driven from the CIPP model. The conclusions are summarized as follows. First, the environmental suitability of the situation assessment was met in general. The reason for this was that the teacher policy of the Park Geun-hye government was introduced reflecting changes in the environment and demands of policy stakeholders. The validity and feasibility of the policy objective of the input evaluation were not satisfied. There were deficiencies in the objectives of the policy measures. The objectives of the measures were not linked to the policy objectives. The budget necessary for policy enforcement were not secured. In future policy design, efforts should be made to examine whether the policy goals are valid, to secure resources necessary for policy implementation and to increase the feasibility of policies. The procedural rationality of the process evaluation and the suitability of the means were not met. Discussion with the interest group was omitted, it was not clear whether the implementation of the policy was linked to the policy goal. In the future, it will be necessary to focus on procedures such as communication and collaboration with stakeholders, to make immediate revisions in case of problems. The effectiveness and satisfaction of the output evaluation were low. Because the validity of the policy objectives, the suitability of the means, and procedural rationality were not satisfied. In the future, it will be necessary to systematically design policies and communicate with stakeholders in the execution process to prevent policy failures and actively.