• Title/Summary/Keyword: 판례 분석

Search Result 219, Processing Time 0.023 seconds

An Analytical Study on Precedents of Emotional Child Abuse at Daycare Centers of Korea : Focusing on Emotional Abuse Type, Issues, and Preventive Measures (국내 어린이집의 아동학대 판례 분석 연구 : 정서적 학대 유형, 쟁점 사안 및 예방대책을 중심으로)

  • Youn, Ki-Hyok
    • Journal of Convergence for Information Technology
    • /
    • v.7 no.5
    • /
    • pp.157-167
    • /
    • 2017
  • This study aims to establish measures to prevent emotional abuse by analyzing court precedents related to emotional abuse at daycare centers of Korea. For this, ten precedents of first trial and four precedents of appellate trial related to emotional abuse were analyzed in depth. In the results of study, there were diverse types of emotional abuse at daycare centers such as assaulting(hitting head, face, and buttocks with hands and feet), throwing things, neglecting, forcefully feeding food, stopping mouth with handkerchief and wet tissue, skipping meals, and showing scary images. And the main issues of precedents included the matter of justifiable act as circumstances precluding wrongfulness, and the matter of applying the joint penal provision. Based on such results, the measures to prevent emotional abuse at daycare centers were suggested.

A Study on the Type of Litigation through Analysis of Landscape Precedent (조경 판례분석을 통한 소송의 유형화 연구)

  • Park, Hyun-Bin;Kim, Dong-Pil;Moon, Ho-Kyung
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.48 no.4
    • /
    • pp.8-18
    • /
    • 2020
  • This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

Investigation of Disputes for Nominated Sub-contractor(NSC) -Focused on the Judicial Precedent of NSC issues in Singapore, Malaysia and Hong Kong- (아시아 건설 시장에서의 지정하도급자(NSC)문제에 관한 연구 - 싱가포르, 말레이시아 그리고 홍콩의 판례를 중심으로 -)

  • Cho, Jaeyong;Kim, Junggon;Park, Hyeonggeun;Kim, Youngsuk;Lee, Boknam
    • Korean Journal of Construction Engineering and Management
    • /
    • v.16 no.6
    • /
    • pp.112-123
    • /
    • 2015
  • Many disputes are happened with various causes in overseas construction projects. One of major disputes is closely related with nominated subcontractors (NSC). This paper investigates 30 judical precedents for Singapore, Malaysia and Hongkong to analyze the detailed disputes related with the NSC, and then the judical precedents are classified into 6 categories: Delay and Defect Trouble (T1), Contract Relation (T2), Payment Trouble (T3), Set-off (T4), Liquidation (T5) and so forth (T6). According to the analytical results, the frequency of occurrence of disputes is considerably related with social and economical changes, and the dispute between NSC and employer for residential and commercial building projects is the most frequently happened case. As the results of analysis, therefore, it is concluded that the employer needs to response aggressively to the problems related with NSC, and it is also important to make the council for communication among related bodies. Furthermore, the institutional reform that make the role and the responsibility of employer consistent under considering contract terms and conditions is considered as the most important and fundamental issue.

Analysis of Precedents Related to Child Abuse Cases in Child Care Centers and Its Implications (어린이집 아동학대 사건의 판례분석과 시사점 : 아동학대범죄의 처벌 등에 관한 특례법을 중심으로)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
    • /
    • v.17 no.4
    • /
    • pp.209-218
    • /
    • 2017
  • In Korea, child abuse in child care centers occurs continuously, and it is becoming a social problem. The government has intensified the supervision of management in child care centers, and through strong countermeasures and prevention against child abuse, it enacted the special act on child abuse in oder to enable children to become healthy members of society. In this study, this researcher gasped the legal application on child abusers, and analysed how the punishment for abusers changed according to the application of the special act on child abuse, through examining precedents of child abuse in child care centers. 21 cases related to child abuse cases were collected by searching homepage of the supreme court and each district court in this study. As a result of analyzing the precedents, the sentence of the defendant did not increase greatly, and it differed from the criminal identification of the people in cases of child abuse on which the special act on child abuse was applied. Therefore, it can be seen that there is a demand for more rigorous legal application for abusers in order to prevent child abuse in child care centers.

A Graphical Understanding on the Protection of Advertising as Expression (표현으로서의 광고의 보호 정도에 대한 탐구: 인격권 관련 판례에 대한 분석을 중심으로)

  • Lee, Jae-Jin
    • Korean journal of communication and information
    • /
    • v.32
    • /
    • pp.333-367
    • /
    • 2006
  • This paper attempted to examine to what extent advertising as expression has been constitutionally protected through an analysis on the reputational-right-related legal cases. In order to make the understanding more clearly, this paper applied Van Alstyne's graphical depiction on how commercial speech is protected compared with other constitutional rights such as political speech, private expression, defamation, and obscene expression. Through the analysis, this paper found out that first, in the legal cases, there has been no consideration on whether the status of the plaintiff is public figure or private figure, whereas in the libel cases, Korean courts has made a distinction between public figure and private figure since 2002; second, when the case is concerned with corporations, the Korean courts do not give consideration on the status of corporation, while the status of corporation is a somewhat important factor in deciding the degree of responsibility in the U.S.; third, even though it is clear that advertising in Korea is being protected as expression, it is nebulous whether it is well balanced with other personal rights that are constitutionally protected. Conclusively, applying the Alstyne's graphical depiction on Korean advertising, it advertising as expression in Korea is being provided lower protection than defamation. To put it differently, like the case in the U.S., advertising, although it is allegedly protected as expression, does not yet enjoy full-fledged constitutional protection in Korean society. Rather, there must be some actions to be taken to enhance the degree of protection of advertising.

  • PDF