• Title/Summary/Keyword: Non-punishment

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The Merits of Social Credit Rating in China? An Exercise in Interpretive Pros Hen Ethical Pluralism

  • Clancy, Rockwell F.
    • Journal of Contemporary Eastern Asia
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    • v.20 no.1
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    • pp.102-119
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    • 2021
  • Social credit rating in China (SCRC) has been criticized as "dystopian" and "Orwellian," an attempt by the Communist Party to hold onto power by exerting ever greater control over its citizens. To explain such measures, value differences are often invoked, that Chinese value stability and cooperation over privacy and freedom. However, these explanations are oversimplifications that result in ethical impasses. This article argues social credit rating should be understood in terms of the commonly human problem of large-scale cooperation. To do so, this paper relies on a cultural evolutionary framework and is an exercise in interpretive pros hen ethical pluralism, attempting to understand how apparently irresolvable cultural differences stem from common human concerns. Wholesale condemnation of SCRC fails to acknowledge the serious, intractable nature of problems resulting from a lack of trust in China. They take for granted the existence of institutions ensuring largescale, anonymous cooperation characteristic of - but somewhat unique to - Western Educated Industrialized Rich and Democratic (WEIRD) cultures. Because of its history and rapid development, China lacks the institutions necessary to ensure such cooperation, and because of anti-social punishment, social credit rating might be one of the few ways to ensure cooperation at this scale. The point is not to defend social credit rating in general, but to raise the possibility of its defense in China and show one way this would be done.

A Study on Applying 3D Automatic Displacement Measurement System for Safety Monitoring of Building Demolition Works (건축물 해체공사 안전 모니터링을 위한 3차원 자동변위계측 시스템 활용 방안 연구)

  • Park, Han-Bin;Han, Hye-Rim;Kim, Taehoon;Cho, Kyuman;Cho, Chang-Geun;Kim, Hyeong-Ki
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2022.11a
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    • pp.229-230
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    • 2022
  • According to the national building status, there are a total of 2.89 million buildings that are over 30 years old after completion, and the number is increasing by more than 70,000 to 80,000 buildings every year. As a result, the demand for demolition works is also increasing, and more than 3 to 4 collapse accidents occur steadily every year during demolition work. Major causes of accidents include non-compliance with plans, negligence of on-site supervisors, and failure to secure structural safety. Due to the strengthening of the Severe Disaster Punishment Act, there is growing interest in the demand for secure management of collapse detection during demolition works. Therefore, this study aims to investigate the applicability of real-time safety monitoring systems using a total station capable of 3D automatic displacement measurement in building demolition work for securing structural safety by the load changes during the demolition process.

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A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

Designs for Self-Enforcing International Environmental Coordination (자기 강제적인 국제환경 협력을 위한 구상)

  • Hwang, Uk
    • Environmental and Resource Economics Review
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    • v.15 no.5
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    • pp.827-858
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    • 2006
  • The paper presents game theoretic models for self-enforcing coalition formation in order to sustain effective international environmental agreements(IEAs). The model analyzes how the intrinsically strategic nature of a government's environmental policies(the emission allowance standard) calls for rules to sustain an IEA. Focusing on the recent theoretical developments in the infinitely repeated game, the paper introduces some mechanisms to show how self-interested sovereign countries are cooperatively able to maintain an IEA rather than defect to initially profit at the expense of a pollution heaven later on. For a more realistic case needed to sustain an IEA, an optimal international environmental policy with both signatories and non-signatories under imperfect monitoring is also explored. In this extension of the model, the derivation process for a critical discount factor, a trigger price level and the length of punishment period is briefly discussed.

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A Study on Improving the Legal System for the Expedited Preservation of Digital Evidence (디지털 증거의 긴급한 보전을 위한 법제 개선 연구)

  • Ro, Sohyong;Ji, Sungwoo
    • Journal of Information Technology Services
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    • v.19 no.3
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    • pp.57-73
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    • 2020
  • The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

Unstable Approach Mitigation Based on Flight Data Analysis (비행 데이터 분석 기반의 불안정 접근 경감방안)

  • Kim, Hyeon Deok
    • Journal of Advanced Navigation Technology
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    • v.25 no.1
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    • pp.52-59
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    • 2021
  • According to the International Air Transport Association (IATA), 61% of the accidents occurred during the approach and landing phase of the flight, with 16% of the accidents caused by unstable access of the commercial aircraft. It was identified that the pilot's unstable approach and poor manipulation of correction led to accidents by continuing the excessive approach without go-around manuever. The causes of unstable access may vary, including airport approach procedures, pilot error, misplanning, workload, ATC (Air Traffic Contol) congestion, etc. In this study, we use the flight data analysis system to select domestic case airports and aircraft type where unstable approach events occur repeatedly. Through flight data analysis, including main events, airport approach procedures, pilot operations, as well as various environmental factors such as weather and geographical conditions at the airport. It aims to identify and eliminate the tendency of unstable approach events and the causes and risks of them to derive implications for mitigating unstable approach events and for developing navigation safety measures.

The Mediating Effect and Moderating Effect of Pseudonymized Information Combination in the Relationship Between Regulation Factors of Personal Information and Big Data Utilization (개인정보 규제요인과 빅데이터 활용간의 관계에서 가명정보 결합의 매개효과 및 조절효과)

  • Kim, Sang-Gwang
    • Informatization Policy
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    • v.27 no.3
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    • pp.82-111
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    • 2020
  • Recently, increasing use of big data have caused regulation factors of personal information and combination of pseudonymized information to emerge as key policy measures. Therefore, this study empirically analyzed the mediating effect and moderating effect of pseudonymized information combination as the third variable in the relationship between regulation factors of personal information and big data utilization. The analysis showed the following results: First, among personal information regulation factors, definition regulation, consent regulation, supervisory authority regulation, and punishment intensity regulation showed a positive(+) relationship with the big data utilization, while among pseudonymized information combination factors, non-identification of combination, standardization of combined pseudonymized information, and responsibility of combination were also found to be in a positive relationship with the use of big data. Second, among the factors of pseudonymized information combination, non-identification of combination, standardization of combined pseudonymized information, and responsibility of combination showed a positive(+) mediating effect in relation to regulation factors of personal information and big data utilization. Third, in the relationship between personal information regulation factors and big data utilization, the moderating effect hypothesis that each combination institution type of pseudonymized information (free-type, intermediary-type, and designated-type) would play a different role as a moderator was rejected. Based on the results of the empirical research, policy alternatives of 'Good Regulation' were proposed, which would maintain balance between protection of personal information and big data utilization.

MENTAL REPRESENTATION OF PRESCHOOL CHILDREN:ASSOCIATION WITH PARENTAL MENTAL REPRESENTATION (학령전기 아동의 심적 표상 : 부모에 대한 심적 표상과의 관계를 중심으로)

  • Lee, Kyung-Sook;Lee, Hae-Ran;Shin, Yee-Jin
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.10 no.1
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    • pp.21-33
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    • 1999
  • The clinical assessment for preschool children who are known to have problems in selfreporting tends to be dependent on outsiders' reporting. Thus, the direct assessment of children's inner experience, thoughts and feelings is difficult. MacArthur Story-Stem Battery(MSSB) developed to learn more about preschool children's mental representation in play is used in this study to help assess clinical preschool children through developmental study of normal children's mental representation. Fifty five children(32boys and 23girls) who performed MSSB, IQ Test, Peabody Picture Vocabulary Test-Revised(PPVT) were videotaped and were analyzed. The results of this study were as follows:1) Children frequently displayed negative mental representation such as atypical negative response, reparation/guilt, punishment, personal injury and so on during emotionally laden play situation. 2) Mental representation of parent appeared positive, disciplinary, and negative in respective. 3) As a result of factor analysis of MSSB content themes, aggressive, prosocial, and oppositional content theme composites were generated. Aggressive content included atypical negative response, aggression, personal injury, and exclusion. Prosocial content included affection, affiliation, and reparation/guilt. Oppositional content included punishment and non-compliance. 4) Mental representation of parent and content themes showed significant correlation. Positive, negative, and disciplinary representation were significantly correlated for prosocial(r=0.40), aggressive (r=0.52), and oppositional(r=0.75) content theme respectively. 5) Among the correlations between parental mental representations and emotional responses, positive parental representation and anxiety showed significant negative correlation(r=-0.43). 6) Among the correlations between content themes and emotional responses, there were significant positive correlations between aggressive(r=0.28) and oppositional content themes(r=0.29) and distress, and were significant negative correlations between prosocial content theme and concern(r=-0.29) and anxiety(r=-0.43). According to the above results, preschool children frequently displayed negative mental representation in emotionally conflictual play situation. Children with more prosocial themes in their stories exhibit more positive parental mental representation. Also, children with more aggressive themes tend to display more negative parental representation and negative emotional responses.

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Criminal Law Issues in Epidemiological Investigations Under the INFECTIOUS DISEASE CONTROL AND PREVENTION ACT (감염병의 예방 및 관리에 관한 법률상 역학조사와 관련된 형사법적 쟁점)

  • Jang, Junhyuk
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.3-44
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    • 2022
  • As a result of a close review focusing on the case of obstruction of epidemiological investigation by a religious group A in Daegu, which was a problem when the pandemic of Covid-19 infection began in Korea around February 2, 2020, when an epidemiological investigator requested a specific group to submit a list, While there have been cases where an act of not responding or submitting an edited omission list was sentenced to the effect that the act did not fall under an epidemiological investigation, in the case of non-submission of the visitor list for the B Center, even though a 'list of visitors' was requested. Regarding the fact of refusal without a justifiable reason, 'providing a list of persons entering the building is a key factual act that forms a link between epidemiological investigations accompanying an epidemiological investigation, and refusing to do so is also an act of refusal and obstruction of an epidemiological investigation. There are cases where it is possible to demand criminal punishment. Regardless of whether the request for submission of the membership list falls under the epidemiological investigation, there are cases in which the someones' actions correspond to the refusal or obstruction of the epidemiological investigation. A lower court ruling that if an epidemiological investigation is rejected or obstructed as a result of interfering with factual acts accompanying an epidemiological investigation, comprehensively considering whether or not the list has been diverted for purposes other than epidemiological investigation, the logic is persuasive. Epidemiological investigations such as surveys and human specimen collection and testing are conducted for each infectious disease patient or contact confirmed as a result of the epidemiological investigation, but epidemiological investigations conducted on individual individuals cannot exist independently of each other, and the This is because the process of identification and tracking is essential to an epidemiological investigation, and if someone intentionally interferes with or rejects the process of confirming this link, it will result in direct, realistic, and widespread interference with the epidemiological investigation. In this article, ① there are differences between an epidemiological investigation and a request for information provision under the Infectious Disease Control and Prevention Act, but there are areas that fall under the epidemiological investigation even in the case of a request for information, ② Considering the medical characteristics of COVID-19 and the continuity of the epidemiological investigation, the epidemiological investigator the fact that the act of requesting a list may fall under the epidemiological investigation, ③ that the offense of obstructing the epidemiological investigation in certain cases may constitute 'obstruction of Performance of Official Duties by Fraudulent Means', and ④ rejecting the request for information provision under the Infectious Disease Control and Prevention Act from September 29, 2020 In this case, it is intended to be helpful in the application of the Infectious Disease control and Prevention Act and the practical operation of epidemiological investigations in the future by pointing out the fact that a new punishment regulation of imprisonment or fine is being implemented.

A Study on 2010 Beijing Convention for Antiterrorism of International Aviation - Compared Beijing Convention(2010) with Montreal Protocol - (국제항공테러방지 북경협약(2010)에 관한 연구 - 몬트리올협약과의 비교를 중심으로 -)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.79-112
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    • 2010
  • The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

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