• The Journal of the Korea Contents Association
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• v.15 no.3
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• pp.499-507
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• 2015

This study aims to understand the phenomenon related to private schools and present the implication for policy about private school, network text analysis about newspaper editorials in conservative and progressive media was conducted. The main results are as follows. First, in newspaper editorials, there were many issues about private university and there was a distinction between private elementary secondary school and private university. Second, in newspaper editorials, 'encouraging perspective' such as financial assistance and new private school like self-governing private high school and 'controlling perspective' such as withdrawal of problem private schools were both appeared. As a result, this study presents that the perspective for private schools needs to be re-established by 'accountability' as the educational institution and 'school capacity building' away from the past frame.

• Proceedings of the Korean Society of Computer Information Conference
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• 2013.07a
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• pp.173-175
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• 2013

본 논문에서는 정보통신망 이용촉진 및 정보보호 등의 관한 법률에서 '타인'의 범위에 관한 해석을 논점으로 삼고 있다. 대법원은 위 법 제49조의 '타인'의 범위에 관한 해석에서 생존한 사람뿐만 아니라 사망한 자도 포함하여 해석하고 있다. 물론 동법의 사자(死者)도 정보통신망의 안정성과 정보의 신뢰성 확보를 위해 포섭하여 해석할 수 있다는 견해가 존재할 수 있지만 형법 및 형사특별법은 죄형법정주의라는 이념상 허용될 수 없다는 견해가 타당하다. 형사법의 해석은 형벌이라는 가혹한 법률효과를 예정하고 있으므로 형벌법규의 해석은 엄격해야 하고 명문규정의 의미를 피고인에게 불리한 방향으로 확장해석하거나 유추해석을 해서는 안된다. 만약 동법 제49조의 '타인'의 범위에 사자(死者)를 포함한다면 법률해석의 방법인 문리해석, 논리해석, 목적론적 해석, 헌법 합치적 해석에도 반하므로 동법에서 '타인'의 범위에 사자(死者)를 포함시키고자 한다면 동법의 개정을 통해 법규 수범자에게 예측가능성을 확보할 수 있도록 용어의 분명한 정의규정이 입법을 통해 반영되어야 한다.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

• Journal of Digital Convergence
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• v.9 no.3
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• pp.11-19
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• 2011

The spread of computer and network gets various social and economic activities done quickly and efficiently. As a result, it makes a crime using network easy and increases the vulnerability of a social system. As there is a crime as a social being, we need to give careful consideration to the crime occurring in virtual space. Accordingly, the purpose of this paper is to investigate the regulatory need of the Criminal Procedure concerning the network security issues as the new legal and regulatory space that begins to be realized from the late of 20th century because of the extent of social threat. Above all, we addresses whether the amendment of existing legal regulations is necessary, based on the special characteristics of the virtual space.

• Review of KIISC
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• v.26 no.5
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• pp.44-53
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• 2016

본 논문에서는 그동안 축적된 디지털 증거 관련 판례를 분석하여 디지털 증거가 법정에서 유효하게 사용될 수 있는 증거 능력 요건을 검토하였다. 법정에 제출된 디지털 증거가 증거능력을 인정받기 위해서는 다음과 같은 요건을 충족해야 한다. 첫 번째 요건으로서 적법하게 수집된 증거이어야 한다. 영장주의에 위반하거나, 압수수색절차에 피압수자의 참여권을 보장하지 않은 경우에는 증거의 증거능력이 인정되지 않는다. 또한 그동안 논란이 되었던 별건정보도 앞서 살펴본바와 같이 대법원이 제시한 요건을 충족해야 한다. 두 번째 요건으로는 법정에 제출된 디지털 증거의 진정성이 인정되어야 한다. 대법원은 디지털 증거의 진정성이 인정되기 위해서는 무결성과 동일성, 신뢰성이 인정되어야 한다고 판시한바 있다. 세 번째 요건으로 법정에 제출된 증거가 전문증거인 경우에는 당사자의 동의가 없는 한 전문법칙의 예외에 해당되어야 한다. 2016년 5월 형사소송법 제313조가 개정되기 전에는 법정에 제출된 디지털 증거를 진술자가 진정성립을 부인하는 경우, 해당 문서가 업무상 필요로 작성한 통상문서나 기타 특히 신용할 만한 정황에 의하여 작성된 문서에 해당되지 않는 한 증거능력을 인정받을 수 없었다. 그러나 형사소송법 제313조 제2항의 개정으로 인하여 이제는 진술자가 진정성립을 부인하는 경우에도 "과학적 분석결과에 기초한 디지털 포렌식 자료, 감정 등 객관적 방법"에 의해 성립의 진정을 인정받을 수 있다. 과학적 분석결과에 기초한 디지털 포렌식 자료, 감정 등 객관적 방법에 대한 구체적인 내용은 앞으로 판례를 통해 정립해 나아가야 할 것이다.

• Journal of Science of Art and Design
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• v.11
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• pp.153-199
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• 2007

The East has recognized 'similar forms' and 'similar spirits' as important topics in expressing an object. Figure painting, in particular, has attached importance to 'transmission of spirit'. Gu Kaizhi (345-406) definitely presented the transmission concept and made it the moot important criterion in painting criticism. By identifying the possibility of revealing spirit through a form, he recognized the 'expression of will' in a creator's work and the experience of such 'expressed will' by an appreciator to be the essential acts of art. Thus, he said, a figure painting revealed the character and nature of the depicted object rather than reproducing its form. Regarding art as a person creating the saintly way of life via developing own character, he attached importance to the will of an artist as the central aesthetic subject. This dissertation explores the keynote of the spirit expressing an artist's inner world and the external shape of a figure. It is carried out by investigating the process of Gu Kaizhi's theory (namely spirit transmission and revelation in painting) leading to Su Dongpo's assertion that "the nature of things" and later leading to Yun Duseo's "theory of the way of painting" as the spirit-transmission theory faithful to the principle of revealing spirit through a form in Chosun. The chronological study of the aforementioned works reveals that the relation between an artist and an object is important at the stage of setting aim in producing a work, and this dissertation analyzed it with four elements: (1) creating work based on the viewpoint of nature that heaven and man are one; (2) reflection of the creator's character (including his/her nature, temperament, spirituality, and emotion during the creation) and the artistic merit of a picture; (3) the dialectic unification between the true and the false through space which is a volitional state as creative thinking space; (4) importance of artist's will above the technique used such that a purposeless, inactive and plain work (where human will is combined with heavenly one) was pursued because the picture is regarded coming from the mind created in the unity of host/artist and guest/object. Thus, through his/her intuitive insight is the world where self is united with the cosmos symbolized. Such expression of an artist's inner world and the external shape of a thing pursues the stage of materialization and creates the new modes such as using space, a variety of brushstrokes, and accidentality and improvisation of India ink. In particular, the writer sees that such expression which enables a creator to express his/her nature or personality (and even the emotion) at the time of creation will be highly worth studying in the future, in accord with the pursuit of contemporary painting being expressed as an abstract aspect.

• Korean Security Journal
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• no.46
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• pp.113-140
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• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.163-177
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• 2004

Wenn man das fahrl${\"{a}}$ssige Begehungsdelikt in Bezug auf ein Niveau eines Risiko der objektiv vorhandenen tatbestandlichen Erfolgsm${\"{o}}$glichkeit und auf die n${\"{o}}$tige Sorgfaltspflicht, die die T${\"{a}}$ter nimmt, um das solches Risiko abzuhalten, berucksichtigt, ergibt sich der spezielle Fall selten bei der Person, mit dem hoch-gefahrlichen Berufszweig besch${\"{a}}$ftigt ist, auf den die bestehende Allgemeine-Theorie ${\"{u}}$ber das gafahrl${\"{a}}$ssige Begehungsdelikt gleichm${\"{a}}$ssig unanwendbar ist. Bez${\"{u}}$glich des Piloten des Milit${\"{a}}$rflugzeug ergibt sich oftmals ein bestmmter Fall, die die KontroIIe des Risiko gesch${\"{a}}$ftlich uber sein eigenes pers${\"{o}}$nliches Ermessen geht, und er nimmt die Pflicht, die notwendige milit${\"{a}}$rische Zielsetzung zuerst vor allem zu ber${\"{u}}$cksichtigen, wenn auch technisch, klimatisch und umstandehalber ein normales Niveau von Risiko ${\"{u}}$bersteigt wird und zugleich ein bedenkliches hoches Risiko mit sich gebracht wird. Aus diesem Anla${\beta}$ kann man folgem, da${\beta}$ der Pilot des Milit${\"{a}}$rflugzeug ein besonderer Fall ist, auf den die Kriterien in Bezug auf das Gebiet der Regel ${\"{u}}$ber das fahrl${\"{a}}$ssige Begehungsdelikt gleichm${\"{a}}$ssig unanwendbar sind. Und weil die Vermehrung der Gefahr des Flugzeug sofort an die Vermehrung der Gefahr seines eigenen Leben angeschlossen wird und daher es eine M${\"{o}}$glichkeit gibt, da${\beta}$ der Pilot dem Resultat eines Gefahr zum ersten Opfer f${\"{a}}$llt, ist die Regelung in der Punkt der Generalpr${\"{a}}$vention gegen das fahrl${\"{a}}$ssige Begehungsdelikt sinnlos. Und auch muB die militarpolitische Punkt, die Piloten des Milit${\"{a}}$rflugzeug gem${\"{a}}$${\beta}$ dem notwendigen Ausma${\beta}$ auszubilden und das Ausma${\beta}$ zu behalten, aktuell berucksichtigt werden.

• Fire Science and Engineering
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• v.19 no.2 s.58
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• pp.45-62
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• 2005

This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

• Journal of the Korean Geotechnical Society
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• v.16 no.4
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• pp.17-30
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• 2000

The objective of this study is to evaluate the lateral earth pressure and the stability of small scale retaining wall with waste foundry sand(WFS) mixtures as a controlled low strength materials (CLSM). Three different types of WFS, like Green WFS, Hurane WFS and Coated WFS, were used in this study, and fly ash of Class F type was adopted. To evaluate the lateral earth pressure and the stability of retaining wall, two different samll scale retaining wall tests, which are called an artificially controlled strain method and a natural strain method, were carried out. In case of an artificially controlled strain method, the coefficient of lateral earth pressure, just after backfilling of WF mixtures, was around 0.8 to 1.0, and most of earth pressure was dissipated within 12 hours. In case of a natural strain method, two steps of stage constructions were employed. The mixtures of Hurane WFS and Coated WFS showed fast decrease of earth pressure due to a relatively good drainage. Judging from the sta bility of retaining wall for overturning and sliding, two steps of stage construction for 2 days were enough to finish the backfill of 6-m height of retaining wall. Also, considering the curling effect of WFS mixtures, the stability of retaining wall increased as curling time increased.