• Title/Summary/Keyword: precedents

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Analysis of Precedents Related to Child Abuse Cases in Child Care Centers Applied to the Act on Punishment against Child Abuses and Its Implications (아동학대처벌법을 적용한 어린이집 아동학대 사건에 관한 판례 분석 및 시사점)

  • Jeon, Byeong-Joo
    • The Journal of the Korea Contents Association
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    • v.22 no.3
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    • pp.538-546
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    • 2022
  • For the recent 5 years, the trends showed that the child abuses by parents was declined while that by child care teachers and principals, employees in child welfare institution was increased. In particular, significant increase of child abuses by child care teachers and principals should be paid attention more than the abuse by the others. The government had already enacted the Act on Punishment against Child Abuses in 2014 to respond and prevent from child abuses strongly. However, as the cases of child abuses continued, questions were raised on the effectiveness of the regulation or whether the court performed well to play a role to punish the assailants of child abuses by amended regulations was suspected. This study is aimed to review the application cases of the Act on Punishment against Child Abuses through the precedents of child abuses in child care centers and to analyze how the punishments to assailants have been changed compared to application of Child Welfare Act. This study has the meaning to grasp the incompleteness of legal application on the child abuse cases and provide the basic data to improve the legal and system.

A Study on the Need for Separation of Software Completeness Appraisal and Software Ready-made Appraisal (소프트웨어 완성도 감정과 기성고 감정 분리 필요성에 대한 고찰)

  • Kim, DoWan
    • Journal of Software Assessment and Valuation
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    • v.17 no.2
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    • pp.11-17
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    • 2021
  • In this study, problems of software completeness appraisal are pointed out and their solutions are presented by analyzing appraisal cases and judicial precedents. Completeness appraisal, ready-made appraisal, defect appraisal, and cost appraisal have been classified as and have been evaluated with extant software completeness appraisals. From a legal point of view, and in judicial precedents, however, there is a big difference between the definition of completeness and the completion rate. This is because the degree of completeness is evaluated under the premise that the software's development is complete, whereas the ready-made appraisal inspects the development progress of unfinished software. Often, in cases involving software completion rate, the total completion level is calculated by weighting each step of the software development process. However, completeness evaluations use the software's realization-operation as its sole criterion. In addition, another issue not addressed in existing software completeness appraisal cases is that there is no mention of who is responsible for software defects, whereas in case law, the responsible party is determined by finding who caused the dispute. In this paper, we systematically classify these problems, and present a novel evaluation method that separates software completeness evaluations from software completion evaluations.

A Study on legal status of shipmaster and precedent of his Authority (상법상 선장의 지위와 선박소유자의 대리권의 판례에 관한 연구)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.17 no.3
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    • pp.1-14
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    • 1993
  • The master of ship is always authorised to perform whatever acts are ordinarily necessary for the safe and proper prosecution of the voayge with regard to both ship and cargo. In other words, when a ship is away from her home port, where her business was managed, the master generally carried the owner's authority, and ordinarily he had power to enter into engagements, on their behalf, for carrying goods in the ship, or for letting her service, provided those engagements were consistent with the usual manner of employing her adopted by the owners. Accordingly he has always to decide onboard for an adequate applying of statutory law and cases whenever he acts. But the master would appear to have no such autho-rity where he can communicate with the owners without difficulty as, now-a-days, he nearly always can. This paper, therefore, intend to review some guidance of his authority in accordance with the Korean Code of Commerce as well as precedent based on it. The paper is also simply to place at the disposal of young shipmasters and those who aspire to command some legal information concerning limit of master's authority away from vessel's home port through legal commentation on the precedent, which may assist them to a better understanding of the many problems they may be faced with in the course of their ca-reers. In order to make an efficient study of legal structure concerned for shipmaster's authority, several up-to-date precedents are selected and described herein by writer's opinion for preventing unreasonable legal dispute in this field before courts in future.

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A Study of Prescriptions of Head Part in DongEuiBoGam (동의보감(東醫寶鑑) 외형편(外形篇) 권(卷)1 [두(頭)]부분 관련처방의 재해석)

  • Park, Sun-Dong
    • Herbal Formula Science
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    • v.15 no.1
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    • pp.37-47
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    • 2007
  • 許浚(Heo Jun), the best physician on his day, wrote 東醫寶鑑(DongEuiBoGam, 1613) based on his clinical experience as a court doctor and life-long study of over 500 medical books. Now most clinicians consult 東醫寶鑑(DongEuiBoGam) for its practicality. And it is also considered as one of the most valuable medical books for basic medical studies. As 許浚(Heo Jun) mentioned on the 東醫寶鑑(DongEuiBoGam) preface. we should practice flexibility on the interpretation of the medical classics instead of binding ourselves to the precedents. But worship of 東醫寶鑑(DongEuiBoGam) may hinder the studying of new pathways. The treatment and its understandings of a disease should be based on objectivity of observation. Finding the common traits of the recipes in 東醫寶鑑(DongEuiBoGam) is important for the study of 東醫寶鑑(DongEuiBoGam). Accordingly, group synthesis of symptoms and resultant classification of recipes are vital. In this research, symptoms listed in the head part(頭門) of External Shape vol. I(外形篇 卷1) of 東醫寶鑑(DongEuiBoGam) are synthesized into 3 different parts: head-wind syndrome(頭風證), dizziness(眩暈), headache(頭痛). Classification of prescriptions according to these 3 parts is also suggested.

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On Flexibility in Architecture Focused on the Contradiction in Designing Flexible Space and Its Design Proposition

  • Kim, Young-Ju
    • Architectural research
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    • v.15 no.4
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    • pp.191-200
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    • 2013
  • Since Modern Movement flexibility has been one of the most attractive words in architecture. However, "overprovision first, division later" has been the most prevailing design method for spatial flexibility, and many of buildings designed for flexible use are practically quite inflexible due to insufficient building systems or/and irresponsible planning. There have been two dominant strategies to achieve architectural flexibility: multi-functionality and polyvalence. These two approaches, which point contradictory directions, actually reflect the difficulty in providing a proper form of architectural flexibility. Multi-functionality can afford changeable environments with satisfying spatial conditions; however it lacks tolerance to accommodate other uses but intended functions by architects. Meanwhile, flexibility by a polyvalent form relies on the vague anticipation of user's various interpretations. In this study by looking up these two different standpoints and historical precedents flexibility in architecture is carefully scrutinized focused on the contradiction, and as an alternative for architectural flexibility contextual relations is proposed. Unlike both multi-functionality and polyvalence, which produce flexibility by changing its own properties, manipulating contextual relations infuses flexibility into space by changing the properties of a building, not of its individual room. By using this contextual relations method, a community-centered school in Manhattan, NY, which was in danger of being closed because of its academic failure, is represented as a flexible space.

Balancing Efficiency and Flexibility in Software Project: The Role of Team Collective Improvisation, behavioral integration, and member diversity

  • Lee, Young-Joo;Lee, Jung-Hoon;Ham, Kyung Sun
    • Journal of Contemporary Eastern Asia
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    • v.16 no.1
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    • pp.22-45
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    • 2017
  • The successful management of software (SW) projects is a continuous concern to managers, which is attributed to the contradictory demands that most projects are facing; meeting user requirements within time and budget limit while flexibly dealing risks during the progress of the projects. The present study asserts project performance and risk mitigation are not tradeoff but to be achieved simultaneously, which is called SW project ambidexterity. Drawing on the literature on organizational behavior, hypotheses are developed speculating the relation among project performance, risk mitigation, team collective improvisation, team behavioral integration, and team diversity. Using empirical data collected from 102 SW project teams of 507 team members in South Korea, empirical analysis indicates team collective improvisation is a significant antecedent to SW project ambidexterity, playing a pivotal role to balance the contradictory demands. Furthermore, team behavioral integration positively influences the degree of team collective improvisation, and the magnitude of the relation is partially contingent on the team members' age and major diversity. The present study advances theory by providing a context specific explanation about the SW project ambidexterity and its precedents.

Aesthetics of Interactive Real-Time 3D (인터렉티브 리얼 타임 3D 아트의 미학적 특성)

  • Dho, Soon-Ho
    • Journal of Korea Game Society
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    • v.5 no.2
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    • pp.3-9
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    • 2005
  • Interactive real-time 3D enables users to explore virtual three dimensional environments and also experience contents in an absorbing fashion. Unlike other media, Interactive real-time 3D users take an active role in the process of "real-time fashion" where action and reaction occur instantly in a digital 3D structure. Once the components and origins of interactive real-time 3D is made, it is possible making principles of the beauty that help decide success or failure of real-time 3D in two way system. Substantial real-time 3D has not yet passed 10 years so it was unable to make sufficient precedents of fundamental artistic value based upon the credibility of the media. The goal is to explain the new form of design in relation to general principles of arts at the same time to understand the technical definition better. Concepts of historical documentation are explained with an example of categorization of recent video game and recent technology. This thesis concludes with rough forecast on the future interactive real time 3D. Since the medium began relatively recently and is developing in the rapid pace, recent analyses, though clear forecast is difficult, tend to investigate potential directions to some level the field allows.

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A Study on the Copyright Infringement of Parody Advertising -Focus on the Precedent of U.S.A copyright infringement- (패러디 장고의 저작권 해석에 관한 고찰 -미국저작권법의 판례를 중심으로-)

  • 김규철;김인철
    • Archives of design research
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    • v.16 no.3
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    • pp.133-142
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    • 2003
  • This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied. In order to solve copyright issues concerning parody, the following points need to be addressed and analyzed; ·First, plagiarism, imitation, and the dear outline of deliberation standards about parody. ·Second, the expansion of the deliberation body aid explicit application of deliberation standards. ·Third, the trying for self-improvement of the advertising industry itself. ·Fourth, the development and advancement of consumer monitoring. ·Firth, the review of judicial precedents along with tile vocalization of the advertising industry's ideas and concepts on the matter.

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Study on Development of GIS based Maritime Boundary Delimitation Support System (GIS 기반의 해양경계획정 지원시스템 개발에 관한 연구)

  • Lee, Dong-Chul;Kim, Kye-Hyun;Park, Yong-Gil
    • Journal of Ocean Engineering and Technology
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    • v.26 no.4
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    • pp.23-29
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    • 2012
  • Korea has maritime jurisdiction over an area 4.5 times larger than the nation's inland area, but negotiations with surrounding nations on the maritime boundary delimitation have still not been completed satisfactorily. In particular, maritime boundary delimitation has become an important issue in terms of maritime security and resource exploration. Considering national interests, the delimitation of the maritime boundary is essential. However, no system to help the decision-makers involved in maritime boundary delimitation has yet been systematically constructed. Therefore, the aim of this study was the development of a system to support such decision-making. In this study, considerations related to maritime boundary delimitation were investigated through expert advice and international precedents. Based on these considerations, data were collected from several organizations, and a spatial database was systematically constructed. Finally, MBDSS (maritime boundary delimitation support system) was developed to support maritime boundary delimitation. This GIS-based system provides visual information about the considerations for the maritime boundary delimitation. Thus, it could help decision-makers to choose appropriate boundaries during the negotiation. Furthermore, this system is expected to be utilized as a scientific tool on the delimitation of maritime boundaries.

The Concept Analysis of Won-Buddhism's Maumgongbu in Group Counseling based on Walker and Avant's Strategy (Walker와 Avant 기법을 활용한 원불교 마음공부집단상담 프로그램에서의 마음공부의 개념 분석)

  • Yang, Kyung Hee
    • Journal of Oriental Neuropsychiatry
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    • v.24 no.3
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    • pp.229-244
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    • 2013
  • Objectives : The purpose of this study was to provide information about Maumgongbu to meet the needs of people by analysing the concept of Maumgongbu in group counseling. Methods : This study was conducted using Walker and Avant's Concept Analysis Strategy. Dictionaries, Wonbuddhism's Kyunjions and literatures, and participants' journals were reviewed after enrolling in Onsarm maumgongbu group counseling. Results : The attributes of the Maumgongbu include emotion, object, self-reflection, attribution, and creativity. The antecedents of "Maumgongbu" are the conditions arising from negative emotions. The Maumgongbu helps people find the emotional causality of their inner self by self-reflecting, getting out of false belief, restoring positive emotions, maintaining healthy and warm relationships with oneself, family, friends and society. Above all, the Maumgongbu makes people experience tranquility and true happiness and activate their positive energy or power. Conclusions : If there is a clear indication of linkage to principles, attributions, precedents and consequences, and empirical referents to any of Maumgongbu programs, there is no doubt that our understanding of the human mind and lives will be greatly enriched. Furthermore, self-discipline and steadfast complements give us calmness, peacefulness and better quality of life.