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Ethical Justification of Capital Punishment - Retributive Argument against the Death Penalty - (사형제도의 윤리적 정당성 - 사형에 대한 응보론적 논증을 중심으로 -)

  • Lee, Yun-bok
    • Journal of Korean Philosophical Society
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    • v.145
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    • pp.351-380
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    • 2018
  • In every society, citizens must decide how to punish criminals, uphold the virtue of justice, and preserve the security of the community. In doing so, the members of society must ask themselves how they will punish those who carry out the most abhorrent of crimes. Many common responses to such a question is that death is an acceptable punishment for the most severe crimes. But to draw some theoretical distinction between a crime that deserves incarceration and a crime that is so heinous that it deserves capital punishment is subject to three errors. First, what possible line could be drawn? To decide on a particular number of deaths or to employ any standard would be arbitrary. Second, the use of a line would trivialize and undermine the deaths of those whose murderers fell below the standard. Third, any and all executions still are unjust, as the State should not degrade the institution of justice and dehumanize an individual who, although he or she has no respect for other human life, is still a living person. Simply put, all murders are heinous, all are completely unacceptable, and deserve the greatest punishment of the land; however, death as punishment is inappropriate. Also, while this article arrives at the conclusion that the death penalty is an inappropriate form of punishment, I have not offered an acceptable alternative that would appease those who believe capital offenders deserve a punishment that differs in its quality and severity. This is a burden that, admittedly, I am unable to meet. I finally conclude that the death penalty is unjustified retribution. This is the only claim that can effectively shift the intellectual paradigms of the participants in the debate. The continued use of the death penalty in society can only be determined and influenced by the collective conscience of the members of that society. As stated at the outset of this article, it is this essentially moral conflict regarding what is just and degrading that forms the backdrop for the past changes in and the present operation of our system of imposing death as a punishment for crime.

The Government Organization Act and the Desirable Government Structure in the 21st Century (21세기 바람직한 정부조직과 정부조직법)

  • Sung, Nak-In
    • Journal of Legislation Research
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    • no.44
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    • pp.241-281
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    • 2013
  • First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.

A Structural Equation Modeling of Internalizing Problem Behaviors of Korean Chinese'left-behind'Children in China (중국 조선족 유수아동의 내재화 문제행동에 관한 구조모형)

  • Hyun, Mina;Park, Jisun;Shin, Dong-Myeon
    • 한국사회정책
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    • v.24 no.1
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    • pp.153-185
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    • 2017
  • The purpose of this study is to investigate the actual conditions and causes of the problem behaviors of Korean Chinese'left-behind'children in China in order to propose a support system to prevent problem behaviors of them. For this purpose, a questionnaire survey was conducted on 399 children who attend at three Korean Chines schools in Yonbian in China. The questionnaire consisted of general characteristics, internalizing problem behavior, social support, self-esteem, and self-resilience. This paper analysed the survey data by employing one-way ANOVA and a structural equation modeling. It verified if there is significant difference in internalizing problem behaviour, self-esteem, self-resilience, and social support between left-behind children's group and non left-behind children's group. It also identified a structural causal relationship and direct or indirect effects among problematic behaviour, self-esteem, self-resilience, and social support. The results of the analysis are as follows. First, there was a statistically significant difference in the social withdrawal and depression of internalizing problem behaviors between left-behind children's group and non left-behind children's group. Second, the left-behind children's group showed no significant difference in self-resilience and social support compared to non left-behind children's group, but showed a significant difference in self-esteem. In the positive self- esteem factor, non left-behind children's group showed much higher score whereas left-behind children's group was higher in the negative self-esteem factor. Third, social support for left-behind children's group has a statistically significant direct negative effect on internalizing problem behaviors, and indirectly negative effects on problem behavior through self-resilience. These results suggest the necessity of establishing a social support system for mitigating and preventing problem behaviors and the necessity of preparing measures to improve self-resilience. Based on the results of the study, we discussed how to establish a social support system in China to mitigate internalizing problem behaviors of Korean Chinese left-behind children.

Evaluating the Strategic Reaction of Labor Union Movement toward Labor Reforms: The Two National Centers' Reaction toward Park, Guen-Hye Government's Labor Market Restructuring (노동개혁국면에 있어 노조운동의 대응전략에 관한 평가: 박근혜정부의 노동시장 구조개혁에 대한 양노총의 대응을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
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    • v.23 no.1
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    • pp.1-23
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    • 2016
  • This study evaluates the strategic capacity of Korean labor union movement by examining policy alternatives and strategic steps that the Federation of Korean Trade Unions and the Korean Confederation of Trade Unions have shown in response to Park Geun-Hye government's labor market structuring policies. While the government-led labor reform was carried out as intended, organized labor has not simply failed to achieve progressive labor reforms to enhance employment security, but also to exert their strategic capacity effectively for preventing Park's labor market flexibilization policies. The two national centers have not been able to exert their strategic capacity (such as intermediating, framing, articulating, learning) for mobilizing the resources of internal solidarity, network embeddedness, narrative discourse, and organizational infrastructure. In particular, the formation and diffusion of public discourse is a significant part of strategic capacity of labor unions dealing with the labor politics of labor market restructuring, since organized labor, which is under the unfavorable constraints of limited movement resources and power imbalance with the business circle, needs to mobilize massive support and participation from union members and civil society organizations. In this light, it becomes of more importance for labor union movement to exert their strategic capacity toward internal solidarity and network embeddedness in the stage of labor market reforms. Under the recent stage of labor reforms, however, the labor unions has not harnessed their movement resources effectively, but undertaken their protest in a traditional manner, thereby losing its public efficacy from inside and outside. Moreover, it is necessary to build and activate the network of organic solidarity among organized labor, civil society organizations and progressive political parties, in order to cope with the pro-business coalition of power elites for accomplishing pro-labor reforms.

The Actual Use of Non-regular Workers and the Strategies of Social Partners in Sweden: with a Special Reference to Temporary Workers (스웨덴 비정규직의 사용 실태와 행위주체들의 전략: 임시직 사용 방식을 중심으로)

  • Cho, Don-Moon
    • Korean Journal of Labor Studies
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    • v.23 no.1
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    • pp.47-83
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    • 2017
  • The Swedish labor market secures flexibility in the use of labor force by means of non-regular workers such as temporary workers among others instead of regular workers' layoffs. Although the labor law reform in the late 2000s made it easier to use temporary workers and the outbreak of the economic crisis strengthened the power of user firms against labor unions, the size of temporary workers was scaled down. It is the aim of this study to analyze the change in the use of temporary workers, to examine the effect of the labor law reform and that of economic crisis in that regard, and to explain how, over the use of temporary workers, user firms' strategy to secure flexibility and labor unions' strategy to regulate flexibility interact with each other so as to establish a new equilibrium through conflicts and compromises. The labor law reform to enhance the flexibility in the use of temporary workers failed to entail amendments of collective contracts. Besides, out of the economic crisis, user firms adopted a new policy to use third party workers more, refraining from employing temporary workers. That's why the number of temporary workers has declined eventually. User firms prefer to use third party workers because they could avoid their own responsibility as an employer and they could rely on 'permanent temporary' workers without any time limit. Labor unions, however, responded with a strategy to lay more strict regulations on the use of third party workers, so that third party workers could be used only for limited cause for external numerical flexibility. As a result, the managed flexibility thesis comes to prevail to the usage of non-regular workers in general beyond the category of agency workers. Korea with severe abuse of third party workers should learn from Swedish labor unions' strategy to provide third party workers with stronger employment security and higher wages so as to prevent user firms from abusing third party workers.

Abnormal Water Temperature Prediction Model Near the Korean Peninsula Using LSTM (LSTM을 이용한 한반도 근해 이상수온 예측모델)

  • Choi, Hey Min;Kim, Min-Kyu;Yang, Hyun
    • Korean Journal of Remote Sensing
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    • v.38 no.3
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    • pp.265-282
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    • 2022
  • Sea surface temperature (SST) is a factor that greatly influences ocean circulation and ecosystems in the Earth system. As global warming causes changes in the SST near the Korean Peninsula, abnormal water temperature phenomena (high water temperature, low water temperature) occurs, causing continuous damage to the marine ecosystem and the fishery industry. Therefore, this study proposes a methodology to predict the SST near the Korean Peninsula and prevent damage by predicting abnormal water temperature phenomena. The study area was set near the Korean Peninsula, and ERA5 data from the European Center for Medium-Range Weather Forecasts (ECMWF) was used to utilize SST data at the same time period. As a research method, Long Short-Term Memory (LSTM) algorithm specialized for time series data prediction among deep learning models was used in consideration of the time series characteristics of SST data. The prediction model predicts the SST near the Korean Peninsula after 1- to 7-days and predicts the high water temperature or low water temperature phenomenon. To evaluate the accuracy of SST prediction, Coefficient of determination (R2), Root Mean Squared Error (RMSE), and Mean Absolute Percentage Error (MAPE) indicators were used. The summer (JAS) 1-day prediction result of the prediction model, R2=0.996, RMSE=0.119℃, MAPE=0.352% and the winter (JFM) 1-day prediction result is R2=0.999, RMSE=0.063℃, MAPE=0.646%. Using the predicted SST, the accuracy of abnormal sea surface temperature prediction was evaluated with an F1 Score (F1 Score=0.98 for high water temperature prediction in summer (2021/08/05), F1 Score=1.0 for low water temperature prediction in winter (2021/02/19)). As the prediction period increased, the prediction model showed a tendency to underestimate the SST, which also reduced the accuracy of the abnormal water temperature prediction. Therefore, it is judged that it is necessary to analyze the cause of underestimation of the predictive model in the future and study to improve the prediction accuracy.

The Impact of Care Workers' Employment Characteristics and Perception of Facility Directors' Transformational Leadership on Quality of Service (요양보호사의 고용특성과 시설장에 대한 변혁적 리더십 인식이 서비스 질에 미치는 영향에 관한 연구)

  • Kim, Hye Ji;Park, Sang Hee;Kim, Bum Jung
    • 한국노년학
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    • v.41 no.2
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    • pp.217-240
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    • 2021
  • The purpose of this study is to examine the effect of care workers' employment characteristics and perception of facility directors' transformational leadership on quality of service through a hierarchical linear model. For this aim, survey data were collected amongst 240 older adults and 200 care workers who are affiliated within 45 long-term care facilities in Seoul, and analyzed using SPSS 26.0 and HLM 8.0. As a result, one's perception of transformational leadership had a positive effect, whereas, among employment characteristics, employment type and working hours had negative effects on quality of service. Regular workers with fewer working hours and higher awareness of transformational leadership toward the director provided higher quality of service. But wage, total experience and tenure didn't meaningfully affect it. Therefore, the following suggestions were presented. First, it is necessary to reorganize incentive, salary systems and budgets, changing the status of temporary workers' hourly wage system into that of regular workers' monthly one in order to strengthen employment security with acknowledging fundamental professional values through reinforcement of expertise. Reinforcement of long-term care's publicness and establishment of base facilities are also suggested. Second, maintaining appropriate hours of work and rest including annual leave under the Labor Standards Act is needed. Also, increasing the salary of and decreasing working hours for night shift workers are required. Third, education and intervention for inspiring transformational leadership of directors and strengthening qualification standards of them are required.

A Study on the Utilization of Naval Personnel According to Characteristics of New Generations: Discussion from the Perspective of Generation Z, a Newly Emerging Generation (신세대의 특성에 따른 해군 인력 활용의 과제 - 또 다른 신세대, Z세대 관점에서의 고찰)

  • Min, Seung-Un;Kim, Seong-Yeol
    • Maritime Security
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    • v.4 no.1
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    • pp.57-82
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    • 2022
  • The objective of this treatise is to explore the limitations of the current navy manpower utilization system and the ways to improve it from the perspective of Generation Z. As Generation Z, following Millennials, has finally come of age, this new group is constituting a gradually greater proportion of military personnel. Due to the typical characteristics of naval operations, the harmony between Millennials and Generation Z, which is differentiated from Generation X in view of dispositions and traits, is one of the essential issues to be discussed. Generally, in a naval vessel, there are numerous pieces of equipment necessary to carry out a wide range of missions and a large number of crew members who operate them with consistent levels of fighting power. This is all while members are living together within the narrow space throughout the 24 hours of each day. Under such particular circumstances, any inter-generational conflicts may have a disruptive effect on the successful accomplishment of naval missions. Currently, new generations of military personnel are facing social difficulties in different aspects compared with the previous generations, and also have different viewpoints on the military. In this regard, in order to foster true harmony between generations, it is considered necessary to take a closer look at the inter-generational differences from their respective standpoints and to examine whether the military organization has taken adequate steps to respond to such changes. Accordingly, Chapters 1 and 2 cover the environments in which Millennials and Generation Z were raised during their childhood to young adulthood, which are distinct from those of older generations, their viewpoints formed based on such backgrounds, and the need to resolve various conflicts between generations. In Chapter 3, the current actions taken by overseas military powers to enhance the coexistence with Generation MZ are analyzed to find the significant implications they had. Chapter 4 examines the operation environments specific to the navy; identifies the potential barriers to achieving harmony between generations by assessing the current status of personnel utilization in the Korean navy in terms of the seaman, petty officer, and the officer, as well as policy; and outlines the solutions to drive harmony. Finally, Chapter 5 emphasizes the need to establish a genuine empathy between generations based on the understanding of unique inter-generational characteristics. This section also discusses the importance of addressing difficulties in utilizing technology-centered naval manpower, and forecasts a scenario of a naval organization that resolves the problem of utilizing naval personnel and the inter-generational conflicts in the future.

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Chinese Maritime Dispute Strategy for territorialization in Korea's West Sea (중국의 한국 서해 내해화 전략 분석)

  • Lee, Eunsu;Shin, Jin
    • Maritime Security
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    • v.5 no.1
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    • pp.113-136
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    • 2022
  • China has been pushing for a systematic strategy for territorialization over a long period of time to invade Korea's West Sea (Yellow Sea) in order to create China's territorial water. China's strategy for territorializing the West Sea is an activity in which China curbs the use of South Korea and enforces the illegal use of China in order to dominate the West Sea exclusively. China aided Chinese fishing boats that engaged in illegal fishing in Korea's jurisdiction as a means to territorialize the West Sea, and is opposed to combined exercise and training of Korea and the United States Naval Forces in the West Sea, while intentionally entering KADIZ(Korea Air Defense Identification Zone). In addition, Beijing used 'scientific exploration and research' measures as a pretext for its strategies in order to encroach on Korea's West Sea. China is carrying out such work to announce to the world that China is a systematic and organized country while consistently attempting to dominate the West Sea. China's activities in the West Sea seriously infringe South Korea's sovereignty. In order to respond to China's strategies of territorialization in the West Sea stated above, I analyzed the rejection effect of the ROK-US combined military training in the West Sea and presented a 'proportional response strategy centered on the ROK-US combined forces'. Korea should be able to respond proportionally to China's activities in the seas around the Korean peninsula, and Korea should be able to neutralize China's attempt to a Fait Accompli. In addition, just as China installs buoys in the Korea-China Provisional Measures Zone, Korea should be able to install and actively utilize some devices in the West Sea and for the use of free and open West Sea. Korea should not just wait for the tragic future to come without preparing for China's gradual and long-term strategy, and Seoul needs to respond to China's maritime policy in the West Sea with a more active attitude than it is now. China has historically taken a bold and aggressive response to neighboring countries that are consistent with a passive attitude, on the other hand, Beijing has taken a cautious approach to neighboring countries that respond with an active attitude. It should not be forgotten that Korea's passive response to the Chinese strategy in the name of a 'realistic approach' such as Korea's economic dependence on China for economy will result in China's success for territorialization of the West Sea.

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Multiple SL-AVS(Small size & Low power Around View System) Synchronization Maintenance Method (다중 SL-AVS 동기화 유지기법)

  • Park, Hyun-Moon;Park, Soo-Huyn;Seo, Hae-Moon;Park, Woo-Chool
    • Journal of the Korea Society for Simulation
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    • v.18 no.3
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    • pp.73-82
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    • 2009
  • Due to the many advantages including low price, low power consumption, and miniaturization, the CMOS camera has been utilized in many applications, including mobile phones, the automotive industry, medical sciences and sensoring, robotic controls, and research in the security field. In particular, the 360 degree omni-directional camera when utilized in multi-camera applications has displayed issues of software nature, interface communication management, delays, and a complicated image display control. Other issues include energy management problems, and miniaturization of a multi-camera in the hardware field. Traditional CMOS camera systems are comprised of an embedded system that consists of a high-performance MCU enabling a camera to send and receive images and a multi-layer system similar to an individual control system that consists of the camera's high performance Micro Controller Unit. We proposed the SL-AVS (Small Size/Low power Around-View System) to be able to control a camera while collecting image data using a high speed synchronization technique on the foundation of a single layer low performance MCU. It is an initial model of the omni-directional camera that takes images from a 360 view drawing from several CMOS camera utilizing a 110 degree view. We then connected a single MCU with four low-power CMOS cameras and implemented controls that include synchronization, controlling, and transmit/receive functions of individual camera compared with the traditional system. The synchronization of the respective cameras were controlled and then memorized by handling each interrupt through the MCU. We were able to improve the efficiency of data transmission that minimizes re-synchronization amongst a target, the CMOS camera, and the MCU. Further, depending on the choice of users, respective or groups of images divided into 4 domains were then provided with a target. We finally analyzed and compared the performance of the developed camera system including the synchronization and time of data transfer and image data loss, etc.