• Title/Summary/Keyword: Minor's Rule

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Video Software Dealers Association v. Arnold Schwarzenegger(2009) of the United States Court of Appeals, Ninth Circuit and its Implication to the Korean Game Law (폭력성 비디오게임에 대한 미국 연방순회항소법원판결이 한국게임법제도에 주는 시사점 : Video Software Dealers Association v. Arnold Schwarzenegger(2009))

  • Park, Min;Hwang, Seung-Heum
    • Journal of Korea Game Society
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    • v.10 no.1
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    • pp.65-78
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    • 2010
  • In Video Software Dealers Association v. Arnold Schwarzenegger, the federal 9th Circuit Court decided that a California law imposing restrictions and a labeling requirement on the sale or rental of violent video games to minors (the "Act") violated rights guaranteed by the First and Fourteenth Amendments to the United States Constitution because: (1) the state introduced insufficient evidence to support a compelling interest that video games created psychological or neurological harm, (2) the Act was not the least-restrictive alternative to negate the harm, and (3) the lower, rational basis standard applicable to commercial speech did not apply to the Act's labeling requirements because the required label did not convey factual information. On the contrary, Korean Constitutional Court decided that "Harmful Medium to Youth" and "Preliminary Rate Classification" would be constitutional. However, under the least-restrictive method rule of the U. S. Court and Korean Court, overlap application of "Harmful Medium to Youth" and "Preliminary Rate Classification" could be a problem and it would be possible that stronger regulation among these would be found as unconstitutional.

Design Optimization of a Wing Structure under Multi Load Spectra using PSO algorithm (PSO 알고리즘을 이용한 다중 하중 스펙트럼 하에서의 항공기 날개 구조부재의 최적 설계 연구)

  • Park, Kook Jin;Park, Yong Jin;Cho, Jin Yeon;Park, Chan Yik;Kim, Seung Jo
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.40 no.11
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    • pp.963-971
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    • 2012
  • In this paper, development of optimal design tools for wing structure is described including multi load spectra condition and fatigue analysis. Two dimensional CFD result are used for calculating aerodynamic force. Design variables are composed of a number of rib and spar, positions, and thickness of each structural member. The mission profile for fatigue analysis is composed based upon the results of CFD analysis, the flight-by-flight spectra method, the excessive curves for gust loads. Minor's rule was used to deal with multi-load condition. Stress analysis and fatigue analysis are performed to calculate objective functions. Particle Swarm Optimization(PSO) algorithm was used to apply to problems which have dozens of design variables.

Effectiveness of Command Counseling Program Development for Young Leaders (군 초급지휘자 상담능력향상 교육 프로그램 개발 및 효과검증)

  • Jang, Jeong-Gee;Shin, Hong-Kyu;Kim, Kyung-Soon;Byun, Sang-Hae
    • The Journal of the Korea Contents Association
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    • v.12 no.11
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    • pp.155-165
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    • 2012
  • In any military services, young leaders are superiors to another and the leaders must be equipped with not only command and control(C2) and management capabilities but with a skill set that addresses their service members' problems and hardships throughout a counseling approach. These young leaders other than regular professional counselors are wearing dual hats as a commander and a counselor to address their service member's issues. There are couple of hours to give a lecture about counseling during the basic training course, however, we noticed that there are some limitations to cover up the uniqueness of counseling during the course, since we cannot rule out the unique vertical situation within military system that runs by its hierarchy. Therefore, we developed education program in order to enhance commander's counseling skills, refined the program with thorough review and commentary by professions and military commanders, and provided 10 events of program to the young leaders. As a result, the leaders scored high on self-effectiveness, communication skills, and counseling development-level. If we adjust minor changes to the program, it will be the outstanding program to improve young leaders' counseling capability.

Issues and Considerations surrounding Revocation Physician's Medical License Arising from Criminal Offenses (의사의 형사범죄에 따른 면허취소처분의 쟁점과 고려사항)

  • Kim, Sung-eun
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.113-142
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    • 2018
  • In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

An integrated Method of New Casuistry and Specified Principlism as Nursing Ethics Methodology (새로운 간호윤리학 방법론;통합된 사례방법론)

  • Um, Young-Rhan
    • Journal of Korean Academy of Nursing Administration
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    • v.3 no.1
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    • pp.51-64
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    • 1997
  • The purpose of the study was to introduce an integrated approach of new Casuistry and specified principlism in resolving ethical problems and studying nursing ethics. In studying clinical ethics and nursing ethics, there is no systematic research method. While nurses often experience ethical dilemmas in practice, much of previous research on nursing ethics has focused merely on describing the existing problems. In addition, ethists presented theoretical analysis and critics rather than providing the specific problems solving strategies. There is a need in clinical situations for an integrated method which can provide the objective description for existing problem situations as well as specific problem solving methods. We inherit two distinct ways of discussing ethical issues. One of these frames these issues in terms of principles, rules, and other general ideas; the other focuses on the specific features of particular kinds of moral cases. In the first way general ethical rules relate to specific moral cases in a theoretical manner, with universal rules serving as "axioms" from which particular moral judgments are deduced as theorems. In the seconds, this relation is frankly practical. with general moral rules serving as "maxims", which can be fully understood only in terms of the paradigmatic cases that define their meaning and force. Theoretical arguments are structured in ways that free them from any dependence on the circumstances of their presentation and ensure them a validity of a kind that is not affected by the practical context of use. In formal arguments particular conclusions are deduced from("entailed by") the initial axioms or universal principles that are the apex of the argument. So the truth or certainty that attaches to those axioms flows downward to the specific instances to be "proved". In the language of formal logic, the axioms are major premises, the facts that specify the present instance are minor premises, and the conclusion to be "proved" is deduced (follows necessarily) from the initial presises. Practical arguments, by contrast, involve a wider range of factors than formal deductions and are read with an eye to their occasion of use. Instead of aiming at strict entailments, they draw on the outcomes of previous experience, carrying over the procedures used to resolve earlier problems and reapply them in new problmatic situations. Practical arguments depend for their power on how closely the present circumstances resemble those of the earlier precedent cases for which this particular type of argument was originally devised. So. in practical arguments, the truths and certitudes established in the precedent cases pass sideways, so as to provide "resolutions" of later problems. In the language of rational analysis, the facts of the present case define the gounds on which any resolution must be based; the general considerations that carried wight in similar situations provide warrants that help settle future cases. So the resolution of any problem holds good presumptively; its strengh depends on the similarities between the present case and the prededents; and its soundness can be challenged (or rebutted) in situations that are recognized ans exceptional. Jonsen & Toulmin (1988), and Jonsen (1991) introduce New Casuistry as a practical method. The oxford English Dictionary defines casuistry quite accurately as "that part of ethics which resolves cases of conscience, applying the general rules of religion and morality to particular instances in which circumstances alter cases or in which there appears to be a conflict of duties." They modified the casuistry of the medieval ages to use in clinical situations which is characterized by "the typology of cases and the analogy as an inference method". A case is the unit of analysis. The structure of case was made with interaction of situation and moral rules. The situation is what surrounds or stands around. The moral rule is the essence of case. The analogy can be objective because "the grounds, the warrants, the theoretical backing, the modal qualifiers" are identified in the cases. The specified principlism was the method that Degrazia (1992) integrated the principlism and the specification introduced by Richardson (1990). In this method, the principle is specified by adding information about limitations of the scope and restricting the range of the principle. This should be substantive qualifications. The integrated method is an combination of the New Casuistry and the specified principlism. For example, the study was "Ethical problems experienced by nurses in the care of terminally ill patients"(Um, 1994). A semi-structured in-depth interview was conducted for fifteen nurses who mainly took care of terminally ill patients. The first stage, twenty one cases were identified as relevant to the topic, and then were classified to four types of problems. For instance, one of these types was the patient's refusal of care. The second stage, the ethical problems in the case were defined, and then the case was analyzed. This was to analyze the reasons, the ethical values, and the related ethical principles in the cases. Then the interpretation was synthetically done by integration of the result of analysis and the situation. The third stage was the ordering phase of the cases, which was done according to the result of the interpretation and the common principles in the cases. The first two stages describe the methodology of new casuistry, and the final stage was for the methodology of the specified principlism. The common principles were the principle of autonomy and the principle of caring. The principle of autonomy was specified; when competent patients refused care, nurse should discontinue the care to respect for the patients' decision. The principle of caring was also specified; when the competent patients refused care, nurses should continue to provide the care in spite of the patients' refusal to preserve their life. These specification may lead the opposite behavior, which emphasizes the importance of nurse's will and intentions to make their decision in the clinical situations.

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