• Korean Journal of Culture and Social Issue
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• v.11 no.1
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• pp.59-84
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• 2005

Three studies were conducted to examine the degree to which three common heuristics, anchoring heuristic, framing effect and representative-ness heuristic, influence the decision-making precesses of actual judges and 5-persons mock juries. With scenarios regarding various issues that are commonly raised in actual criminal and civil trials, study 1 examined the 158 actual judges' decisions. In study 2, the decisions of 80 mock jury groups that consisted of college students were examined with similar scenarios. And individual decisions were examined in study 3 to compare with the group decisions in study 2. The decision processes of the actual judges and the mock jury groups alike were found to be influenced by "anchors". But the biases by the anchoring heuristic were more pronounced in the group decisions than in the decisions of the actual judges. With respect to framing effect, the actual judges were found to be resistant, while a small effect was found in the decisions of mock jury groups. Representative-ness biases weren't found in the decisions of both the actual judges and mock juries. The implications of the results for judicial systems were discussed.

• Korean Journal of Cognitive Science
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• v.32 no.4
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• pp.169-191
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• 2021

With the development of artificial intelligence(AI), the jobs of many human experts are threatened, and this also applies to the legal profession. This study attempted to investigate whether AI can actually replace humans in the legal profession, especially the role of judges making final judgments. For this purpose, from the perspective of uniqueness neglect, this study was conducted to confirm the effect of involvement and the severity on acceptance of the judgment made by the AI judge (Experiment 1) and the AI jury (Experiment 2). The involvement was manipulated as if the subject who was sentenced for committing a crime was his or her family (mother, father) or stranger, and the severity was manipulated by the extent of the damage, the perception of the crime, and the number of applied crimes. In Experiment 1, the interactive effect of involvement and severity was found. Specifically, when the involvement was low, the acceptance of AI judges was higher in high severity (vs. low severity). Conversely, when the involvement was high, the acceptance of AI judges was higher in low severity (vs. high severity). The same interactions as in Experiment 1 occurred in Experiment 2. Specifically, when the involvement was low, a larger number of AI jury members were allocated in high severity (vs. low severity). On the other hand, when the involvement was high, the number of AI juries increased in low severity (vs. high severity). This study has implications in that it is the first experimental study in Korea on artificial intelligence legal judgment and that it presents the prospects for the jobs of legal experts.

• Journal of Science and Technology Studies
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• v.15 no.1
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• pp.215-244
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• 2015

The 1993 U.S. Supreme Court decision on Daubert v. Merrel Dow Chemical, Inc. has changed the ways in which scientific evidence is evaluated for legal purposes. A new set of guidelines, called thereafter the Daubert Standard, that was intended to increase the judge's authority in determining the admissibility of scientific evidence in the court, turns out to have increased the burden of proof on the part of plaintiffs and have also considerably influenced the outcome of policy decisions in the regulatory areas. This paper analyzes the changes made in the relationship between science and law after the introduction of the Daubert Standard, examining the epistemological differences between its proponents and opponents. The judge's dilemma as a gatekeeper, this paper argues, is not simply that of an 'amateur scientist' seeking to learn and practice scientific knowledge per se. Rather, the dilemma ought to be that of an 'legal expert,' faithful to ethos of social justice without succumbing to the practical convenience of the Daubert Standard. This paper also suggests that there is much room for STS scholars to make contributions to the use of science in legal settings by conducting in-depth studies on court cases in the broad social and political context.

• Korean Journal of Social Welfare
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• v.68 no.2
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• pp.131-160
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• 2016

In this study, we analyzed determination of punishment of victimizers presented in sentencing(81 plaintiffs, 95 sentencing) for 55 cases involving child maltreatment fatalities between 2001 and 2015. The results showed that about 40% of main victimizers were imposed relatively minor punishment such as probation or imprisonment for less than 3 years. Judgments that deviated from lower limit comprised large proportion in connection with compliance with standards for statutory punishment and punishment determination. The elements of punishment determination, such as earnest rearing of child, psychological pain arising from death of child, sense of guilt, motivation that can be considered, were found to have a significant influence on mitigation of punishment although such elements could be judged differently, depending on perception or subjective tendency of judges towards child abuse. Even abetters in a position to prevent death of child were imposed minor punishment mostly by probation or monetary penalty. This study presented the need to reconsider the circumstances of punishment determination which has been conventionally mentioned in cases involving child maltreatment fatalities, such as first offender, accidental crime, person with parental rights, fosters, agreement with family of the deceased, etc. Moreover, this study suggested the need to reinforce child abuse prevention training for law enforcement officers and to revamp standards for determining punishment unique to the cases of child abuse in the future.

• Investigative Magnetic Resonance Imaging
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• v.13 no.1
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• pp.74-80
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• 2009

Purpose : To evaluate the characteristic MR imaging findings of Langerhans cell histiocytosis (LCH) in the skull and to compare them with those of plain radiography and computed tomography. Materials and Methods : A total of 10 lesions in 9 patients (Age range; 5-42 years, Mean age; 18, all women) with Langerhans cell histiocytosis in the skull were included in our study. Nine lesions in nine patients were histologically confirmed by surgery or fine needle aspiration biopsy. All patients performed with MRI, and plain radiography and CT scan were done in 7 patients (8 lesions). Two experienced neuroradiologists reviewed the radiological examinations independently with attention to location, size, shape and nature of the lesions in the skull and compared the extent and extension of the lesions to adjacent structures. Results : The lesions were distributed in all of the skulls without predilection site. On MRI, the masses were shown as well-enhancing soft tissue masses (10/10) mainly in diploic spaces (8/10) with extension to scalp (9/10) and dura mater (7/10). Dural enhancement (7/10) and thickening (4/10) were seen. The largest diameter of the soft tissue masses ranged 1.1 cm to 6.8 cm, shaped as round (5/10) or oval (5/10). On CT scans, the lesions were presented as soft tissue masses involving diploic space (6/8) and scalp extension (7/8) were also well visualized. Although bony erosion or destruction was more clearly seen on CT rather than those of MRI, enhancement of soft tissue masses and dura were not well visualized on CT. In contrast, all of the lesions in LCH were seen as punched out (4/8), beveled-edge appearance (4/8) osteolytic masses in plain radiography, but scalp and dural extension could not be seen. Conclusion : Characteristic MR findings in patients with LCH are soft tissue mass in diploic space with extension to dura and scalp, and MRI would be better imaging modality than plain radiography or CT.

• Korean Journal of Culture and Social Issue
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• v.21 no.3
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• pp.497-510
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• 2015

The jury instruction consists of a set of legal rules and provides a guide for jurors to interpret evidence and the legal standard of a proof beyond reasonable doubt. Jury instructions are usually given after the closing arguments (at the end of the trial). But some research has shown that jury instruction provided before the evidence may have an impact on verdict. The present study was to determine the cognitive process caused by early instruction: (1) Early instruction may influence the verdict by upwardly adjusting the threshold for the decision to convict; (2) early instruction may influence the verdict through evaluations of the probative values of evidence; (3) Or both. 187 people older than 20 years of age participated in the on-line survey. With a trial scenario, one independent variable, Instruction Procedure, was manipulated in three levels: before-and-after the evidence procedure, after-only evidence procedure, and no-instruction procedure. The instruction procedure conditions did not show any difference in the evaluation of the probative values of evidence. On the other hand, before-and-after condition showed the lowest rate of guilty verdict and the highest probability of guilt for the defendant in the scenario. This latter result clearly suggested that the instruction procedure affects the decision threshold. Specifically, instruction provided twice, once before and again after the evidence, may upwardly shift the threshold for the decision to convict.

• International Commerce and Information Review
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• v.15 no.4
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• pp.287-311
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• 2013

The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."