• Title/Summary/Keyword: 형법

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A Study about the efficient Control against the sexual violence in medical area (의사의 성범죄에 대한 최근 의료법 개정법률안 검토)

  • Jeong, Baekeun
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.207-229
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    • 2019
  • It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

Fabrication and Characteristics of CFRC(Carbon Firber Reinforced Carbon Composites) Fabricated with Carbon Fiber and Coal Tar Pitch Matrix (석탄계 핏치를 결합재로한 탄소/탄소 복합재의 제조 및 특징)

  • Ju, Hyeok-Jong;Choe, Don-Muk;O, In-Seok
    • Korean Journal of Materials Research
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    • v.4 no.2
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    • pp.194-205
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    • 1994
  • In this research, we attempt to fabricate an excellent CFRC(Carbon Fiber Reinforced Carbon), which has good thermal and mechanical properties, with 8H/satin woven fabric prepreg, high modulus and high strength type continuous carbon fiber and raw coal tar pitch(RCTP) matrix or THF soluble fraction(THFSP) matrix which has good graphitizability. Green bodies were fabricated with hot press molding technique and CFRC samples were made after carbonization, impregnation, recarbonization and graphitization steps. For the purpose of characterization of the physical properties, SEM, polarized light microscope, TGA were observed, and tested flexural strength, modulus and ILSS. After heat treating the THFSP matrix up to $2300^{\circ}C$, the value of $C_0$/2 was 3.380$\AA$, which is analogous to the structure of natural graphite and the value of 2$\theta$ is $26.276^{\circ}$ approached to the Bragg's angle of natural graphite. As a result of TGA to test the high temperature air oxidation, the THFSP matrix, graphitized up to $2300^{\circ}C$, exhibited the best air oxidation resistance. And mechanical properties were increased up to 65~70% as fiber volume fraction increased. Because of the good orientation graphitizability, the fracture surface of THFSP matrix CFRC is very good.

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Monetary Penalty System and Privacy (벌금형 제도의 현대적 가치와 개인정보문제)

  • Kim, Woon-Gon
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.6
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    • pp.107-115
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    • 2015
  • A fine is defined to the criminal penalty which is slighter than imprisonment on a system of criminal penalty, but put practically a seat to imprisonment and similar strong discipline contrivance to commission agent in capitalism societies be doing. Also, did heavy commission, but the corporation time, a fine to consider the respect which cannot impose other criminal penalty, and cannot but impose fine penalty only to this corporation carries out art as important criminal penalty than the commission which a person does. But fine drawing of our country cannot carry out art scaring to criminal penalty to rich body as aggregate fine drawing, and a lot of, but do abatement duration of a fine so as same, and be most in spite of adjudication criminal sentence occupying at criminal case adjudication, and difference cannot do to an amount of a fine that is carrying well out the art. Therefore, and have to change to the daily fine systemdm which gained because of total fine system in order to carry out value as modern criminal penalty, and a few fines shall exchange to penalty payment system according to complement department canon of Penal Code, and social accusation protects individual information of low commission agent if so, can normally do art accomplishment of criminal penalty. The system that the maximum can guarantee right of defence of accused has to have to be introduced in procedural a few aspect to pronounce this and a fine. Specially, let explain necessary fact to be related to, and informal procedures understand, and introduction of drawing to be able to get from accord of accused is necessary for accused before charging to informal decree in order cannot be guaranteed right of defence this of accused while consisting in writing of whether accusation and adjudication are procedural at informal procedures, and to supplement respect.

Axial Pressing Method Using Pulse Magnetizing Field for the Preparation of Nd-Ee-B Sintered Magnets (펄스자장을 이용한 고이방화 Nd-Fe-B자석의 종축자장성형방법)

  • Kim, Dong-Hwan;Kang, Byung-Kil;Jang, Dong-Youl;Kim, Andrew S.;Kim, Sang-Myun;Jang, T.S.
    • Journal of the Korean Magnetics Society
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    • v.13 no.4
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    • pp.182-186
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    • 2003
  • A new axial pressing method using pulse magnetizing field was studied to improve the remanence of Nd-Fe-B sintered magnets. In order to make near-net shape green compacts of butterfly, disk, or coin magnets, conventional axial-type pressing has been normally used. However, compared to the transverse-type pressing, it is not possible to obtain higher remanence by this method because the magnetic alignment of powder begins to deteriorate when the density of green compacts increases over a critical value. On the other hand, we found that an axial pressing under pulse magnetizing field was very effective to increase the degree of magnetic alignment of powder, yielding remanences even higher than those obtained by the transverse pressing. In this study, it was revealed that appropriate tapping density and how to apply pulse magnetic held were important to improve the grain alignment and thus remanence of Nd-Fe-B sintered magnet.

A Life-History Approach to the Practice of Early Marriage in Ethiopia (에티오피아의 조혼 관습에 대한 생애사적 접근)

  • Seol, Byung-Soo
    • Cross-Cultural Studies
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    • v.42
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    • pp.69-106
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    • 2016
  • Early marriage in contemporary society has brought about many problems. The practice is encouraged by gender inequality, poverty and social norms. It reproduces social power imbalances including increased economic vulnerability of women, low educational attainment of girls, gender inequality at home and in the labor market, physical and sexual violence against women and their health problems. The Ethiopian government increased the minimum legal age of marriage for women from 15 to 18 years, by revising its family code in 2000 and newly adopting a criminal law in 2005 that includes punishment against any harmful tradition. Nonetheless, early marriage is still widely practiced in many parts of rural Ethiopia. This is because the practice has long been embedded and deeply rooted in the lives of the people. Earlier literature on early marriage in Ethiopia tends to focus only on women's experiences and regard that all early-married people, particularly women, are unhappy with their lives. This paper attempts to explore the issue of early marriage through voices of people with diverse socioeconomic backgrounds, in order to address the limitations of the previous literature. This article aims at examining why early marriage has occurred in Ethiopia and how it has affected family life and women's educational attainment, focusing on the case of Meki town. As seen from this study, it is true that early marriage generally had negative influences on the lives of women. However, it is equally true that some men are also victims of the practice while some women have improved their lives by means of it. This implies that we need to listen to the voices of diverse people when we examine early marriage.

A Study on the Atmospheric Pressure Control of the VARTM Process for Increasing the Fiber Volume Fraction and Reducing Void (섬유부피분율 증가와 공극 감소를 위한 VARTM 공정의 대기압 제어에 관한 연구)

  • Kwak, Seong-Hun;Kim, Tae-Jun;Tak, Yun-Hak;Kwon, Sung-Il;Lee, Jea-Hyun;Kim, Sang-Yong;Lee, Jong-Cheon
    • Composites Research
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    • v.34 no.2
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    • pp.88-95
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    • 2021
  • VARTM (Vacuum-assisted resin transfer molding) process is a low-cost process technology and affiliated with OoA (Out of Autoclave). Besides, it has been widely used in various fields. However, because of its lower quality than the autoclave process, it isn't easy to apply the VARTM process to the aerospace industry, which requires high reliability. The main problem of the VARTM process is the loss of mechanical properties due to the low fiber volume fraction and high void content in comparison to the autoclave. Therefore, many researchers have studied to reduce void and increase fiber volume fraction. This study examines whether the method of controlling atmospheric pressure could increase the fiber volume fraction and reduce void during the resin impregnation process. Reliability evaluation was confirmed by compressive strength test, fiber volume fraction analysis, and optical microscopy. As a result, it was confirmed that increasing the atmospheric pressure step by step in the VARTM process of impregnating the preform with resin effectively increases the fiber volume fraction and reduces void.

A Review of the Legal Responsibility of Dog Owners regarding Dog Bite Accidents - Focused on a Comparison with American Dog Bite Legislation - (개물림 사고에 대한 소유자의 법적 책임에 관한 소고 - 미국의 개물림 법제와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee;Shim, Young-Joo
    • Journal of Legislation Research
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    • no.54
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    • pp.261-301
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    • 2018
  • In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

Berufsverbot als eine Sicherungsmaßregel in Deutschland (보안처분으로서 독일의 직업금지명령 - 의사의 범죄에 대한 대응을 중심으로 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.27-55
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    • 2021
  • Bisher wurde kein Beruf zwischen Recht und Berufsethik so diskutiert wie Ärzte. Diskussionen über die Qualifikation(od. Approbation) von Ärzten sind nicht nur eine Frage Koreas, sondern in den meisten zivilisierten Ländern ein wichtiges Diskussionsthema, wenn ein Arzt insbesondere für eine Straftat bestraft wird. Vor kurzem hat sich die koreanische Ärztekammer (the Korean Medical Association) weitgehend gegen das, "Entwurf eines Gesetzes zur Reform des Medizingesetzes" stark ausgesprochen, das die Grunde für den Entzug einer Approbation für ein Verbrechen eines Arztes erweitert. Vor allem wird auf die Gefahr hingewiesen, eine Approbation für Straftaten zu entziehen, die nicht mit beruflichen Pflichten zusammenhängen. Es ist jedoch vernünftig, den Beruf bzw. das Gewerbe zu verbieten, wenn ein Fachmann unter Missbrauch seines Beruf oder grober Pflichtverletzung die Tat begangen hat und die Gefahr bestehet, dass er bei weiterer Ausübung seines Berufs erhebliche rechtswidrige Taten der bezeichneten Art begangen wird. Die Untersagung der Berufsausübung soll die Allgemeinheit gegen die spezifischen Gefahren schützen, die mit der Ausübung eines Berufs oder Gewebes verbunden sind. Da das Berufsverbot nur die Berufsausübung untersagt, die Approbation selbst aber bestehen lässt, kann die Approbationsbehörde in eigener Entscheidungskompetenz die Approbation zurücknehmen, wiederrufen, oder in Ruhen anordnen. Entsprechend dem Verhätnismäßigkeitsgrundsatz ist aber auch das Berufsverbot auf bestimmte Tätigkeiten im Bereich des Berufs zu beschränken, wenn dies zur Erreichung des Maßregelzwecks, dem schutz der Allgemeinheit, ausreichend ist. In diesem Beitrag wurden die Voraussetzunen des Berufsverbots und die tatsächlich an Ärzte bzw. medizinische Personal gerichteten Fälle untersucht.

Determination of Alcohol Blackout and Insanity in the Sexual Crimes - Focus on the Supreme Court on 2018-Do-9781 Sentenced on Feb 4, 2021 - (성범죄에 있어서 알코올 블랙아웃과 심신상실의 판단 -대법원 2021. 2. 4. 선고 2018도9781 판결을 중심으로-)

  • Kim Doo Sang
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.103-131
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    • 2022
  • 2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

Validation of the Korean Version of Free Will and Determinism Scale (FAD-Plus) using Confirmatory Factor Analysis - The Relationship Between Belief in Free Will and Correspondence Bias - (확인적 요인분석을 통한 한국판 자유의지와 결정론 척도(FAD-Plus)의 타당화 - 자유의지에 대한 믿음과 귀인편향의 관계 -)

  • Ahn, Jaekyung;Han, Sanghoon;Choi, Yimoon
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.35-51
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    • 2021
  • People's belief in free will is important in determining the causes and responsibilities of human behavior. Over the past decades, there has been debate about belief in free will in the fields of neuroscience, philosophy, ethics, and criminal law. The Free Will and Determinism Scale (FAD-Plus; Paulhus & Carey, 2011) is a test tool that measures the components related to the belief in an individual's free will. This study conducted a confirmatory factor analysis of 1,000 ordinary people of various age groups and socio-economic backgrounds based on previous studies that conducted an exploratory factor analysis (Study 1). The author has secured the reliability and validity of a number of measures. Furthermore, it was examined how the sub-item of the FAD-Plus scale, 'belief in free will,' was related to correspondence bias and locus of control (Study 2). As a result of analyzing a total of 83 subjects, high belief in free will had a positive correlation with punishment judgment for negative behavior and internal attribution, but there was no significant relationship in reward judgment for positive behavior. Based on the study results, it was proven that the FAD-Plus is valid for the general public as well, and the relationship between belief in free will, attribution bias, locus of control and behavior judgment was examined. The limitations of this study, policy implications, and research directions are discussed.

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