• 제목/요약/키워드: right to a fair trial

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Electronic Proceedings in Modern Legal Conditions

  • Veselovska, Nataliia;Slipeniuk, Vasyl;Yasynok, Dmytro;Zhukevych, Ihor;Gorbenko, Arina
    • International Journal of Computer Science & Network Security
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    • 제21권8호
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    • pp.224-228
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    • 2021
  • The article is devoted to the problems and prospects of integration of informational technologies in the administration of justice as a necessary component of the development of the informational society in Ukraine. In general, informational technologies make it possible to create new forms of organization and interaction of bodies of public authorities with society, to introduce innovative solutions for legal regulation and organization of public relations. More and more services for citizens are moving to electronic format. Judicial reform is aimed at ensuring more comfortable and convenient interaction with the courts. The need for the usage of informational technology in the proceedings is preconditioned by the global informatization of modern society, the development of new forms of interaction in the civil sphere with the usage of electronic means of communication: the global Internet, mobile, and satellite communication systems and more. "Electronic justice" involves the use of information and communication technologies in the implementation of procedural law.

강력범죄 피의자의 신상공개에 대한 법적 고찰 (A Legal Analysis of Identity Revelation of Malicious Crime's Suspect)

  • 정철호
    • 한국콘텐츠학회논문지
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    • 제12권7호
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    • pp.156-168
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    • 2012
  • 최근에 강도, 살인, 강간 등 강력범죄의 발생이 사회적 문제로 대두되면서, 추가적인 범죄피해의 예방과 국민의 알권리의 보장을 위해 범죄인에 대한 신상공개제도를 입법화하고 이를 확대하려는 경향이 대두되고 있다. 이러한 분위기는 재판절차를 통해 형이 확정되지 아니한 특정 범죄의 피의자의 얼굴 등 신상을 수사단계에서 공개하는 입법을 가능하게 하여, 피의자의 얼굴 공개를 허용하는 것을 뼈대로 한 '특정강력범죄 처벌에 관한 특례법 개정안'이 2010년 4월 국회에서 통과되었다. 그러나 특정 강력범죄에 대한 신상공개가 범죄피해의 예방에 큰 효과가 있다는 사실이 경험적으로 확인된 바가 없을 뿐만 아니라, 법원의 판결이 있기도 전에 피의자의 신상정보가 언론에 공개됨으로써 헌법이 보장하고 있는 피의자의 프라이버시나 인격권 및 공정한 재판을 권리와 같은 기본권을 침해하는 것일 뿐만 아니라, 헌법상 무죄추정의 원칙, 적법절차의 원칙, 이중처벌금지의 원칙(일사부재리의 원칙), 명확성의 원칙, 과잉금지의 원칙에도 위배되고, 형법상 책임원칙에도 위배된다 할 것이다.

수정란 이식에 있어서 수란우와 수정란의 상호작용이 수태율에 미치는 영향 (Interactions between Recipients and Embyos affecting Pregnancy Rates in Bovine Embryo Transfer)

  • 이정호;박항균;조민희
    • 한국수정란이식학회지
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    • 제1권1호
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    • pp.76-80
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    • 1986
  • This study was carried out to investigate the inte actions between recipients and embryos to compare pregnancy rates in bovine embryo transfer, such as synchrony and stage of embryos, synchrony and quality of embryos, synchrony and side of uterine horn, and preservation time and stage of embryos. Fifty-two embryos were transferred by surgically to 42 Holstein heifers, 3 Holstein cows and 7 Korean native heifers from Feb., 1985 to June, 1986. The results were as follows: 1. In the trial of interactions between synchrony and embryo stage, recipients synchronired from- hours to + 12 hours in synchrony and embryos from morulac stage to advanced blastoctyst stages showed reason able pregnancy rate. 2. Excellant (A) and good (B) grade embryos showed good pregnancy rate, 81.8% and 73.3% respectively, but fair (C) grade embryos showed poor, 25% only at the same boundary of recipient synchrony. 3. More recipients had corpus luteum on the right ovary than the left, and also had better pregnancy rate (26/32 vs 13/20,81.3% vs 65%). 4. A good pregnancy rates (over 60%) were obtained with the embryo transferred 17hrs after flush at room temperature or field condition in culture medium.

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스포츠중재의 필요성과 중재합의에 관한 고찰 (A Study on the Need for Arbitration and Agreement in Sports Disputes)

  • 전홍규
    • 한국중재학회지:중재연구
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    • 제26권1호
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    • pp.3-27
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    • 2016
  • There is a need for disputes in sports to be settled by arbitration rather than a court ruling, taking the unique characteristics of sports into consideration. Arbitration is a form of alternative dispute resolution (ADR). A dispute resolution system is regarded as: an arbitrator is selected by the agreement between the parties, and a binding decision is made, which the parties obey, consequently resulting in a final resolution. To resolve a dispute upon arbitration, there must be an arbitration agreement upon the free will of the parties. In relation to the arbitration agreement, however, there are some cases in which sports organizations have an arbitration clause in the articles of association, regulations or player registration application that call for settling disputes by arbitration. In such cases, the validity of the arbitration agreement may create doubt whether or not this sort of arbitration has been made by mutual agreement. Consequently this is required to be legally examined. The activities of a sports organization are recognized as part of private autonomy, and they include even the rights that establish regulations or rules. Nonetheless, the powers that such sport organizations are able to establish are not allowed without limit. However, sports activities and autonomy shall be protected as themselves. Therefore, if we give priority to arbitration upon the independent arbitrator and fair process by establishing an independent arbitral organization in charge of sports disputes to handle the effective resolution of disputes and protect sports autonomy and ask for a court decision if one party disobeys the arbitration, or the sports arbitration prepositive principle, it seems helpful to resolve the unfairness of compulsory jurisdiction and the clause for sports arbitration and protect the player's right of choice and of claims for trial.

안보사범에 대한 수사절차 개선방안 검토 - 피의자 신문시 변호인 참여권 문제를 중심으로 - (A Study on Improvement of the investigation procedure for the National Security Violators - Focused on the Rights to Counsel -)

  • 윤해성;주성빈
    • 시큐리티연구
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    • 제46호
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    • pp.113-140
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    • 2016
  • 변호인의 피의자신문 참여권이란 검사나 사법경찰관 등 수사기관이 피의자를 신문함에 있어서 변호인이 참여할 수 있는 권리를 말한다. 전문가인 변호인의 조력을 통하여 수사기관으로부터 받는 피의자의 심리적 압력을 완화시키고 수사기관의 위법한 행위를 감시하는 기능을 가지는 변호인의 피의자신문 참여권 보장은 그 후의 형사절차에서 피의자나 피고인의 방어권 보장을 위하여 중요한 의미를 가진다고 할 것이다. 우리나라에도 변호인의 조력을 보장해야 하는 권리를 "헌법"과 "형사소송법" 등에서 규정하고 있다. 즉, "헌법" 제12조 제4항은 "누구든지 체포 또는 구속을 당한 때에는 즉시 변호인의 조력을 받을 권리를 가진다. 다만, 형사피고인이 스스로 변호인을 구할 수 없을 때에는 법률이 정하는 바에 의하여 국가가 변호인을 붙인다"고 규정하고 있다. 또한 "형사소송법" 제34조는 신체 구속을 당한 피고인이나 피의자의 변호인 접견교통권을 보장하고 있다. 하지만 간첩, 테러리스트와 같은 안보위해사범들에게 일반 범죄자들과 동일하게 변호인 접견권을 보장해야 하는지는 고민해보아야 할 문제이다. 왜냐하면, 안보사범 사건과 일반형사사범의 사건은 근원적으로 차이가 있고, 역사적으로 안보사범 피의자 신문 시 변호인에 의한 수사방해 행위가 빈번하게 이루어져 왔기 때문이다. 따라서 이 연구에서는 효과적인 안보사범 수사를 위해 변호인 접견을 제한하는 정책적 제언을 하고자 한다. 이를 위해서 영국, 독일 등에서 이루어지는 변호인 접견과 관련된 법제도를 살펴보고, 수사절차 개선을 위해 한국에서 이루어진 대법원 결정과 헌법재판소 결정을 검토하여 개선방안을 도출해보고자 한다.

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약침치료(藥鍼治療)를 통한 요통환자(腰痛患者)의 호전도(好轉度)에 관한 임상적(臨床的) 관찰(觀察) (Clinical Observation about the Extent of Improvement of Low Back Pain Patient through Medi-acupuncture Therapy)

  • 육태한
    • 대한한의학회지
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    • 제16권1호통권29호
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    • pp.184-197
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    • 1995
  • After 45 patients examined as to the result of medical treatment among the ones who came to Dept. of Pain Clinic, Oriental Medical Hospital, Chunju Woosuk University complaining low back pain chiefly from Dec/19/1994 to Feb/7/1995 for 50 days or so were observed clinically, the results were obtained as follows: 1. In duration of the case history, acute stage(37.8%) was the most predominant, and subacute stage(35.6%) and chronic stage(26.7%) were revealed in turn. 2. In opinions of radiation, Spondylosis(26.7%) was the most predominant, Scoliosis(15.6%) and HIVD(11.1%) were revealed in order, and 3 cases were revealed to be negative. 3. In the radiating pain of the lower limb, the radiating pains of the left lower limb were the most predominant and those of the right lower limb and those of both lower limbs were revealed in turn. By the way, 31.1% of patients didn't suffer from the radiating pain of the lower limb. 4. In the grade of the seriousness of subsective symptom, Grade 2(66.7%) was the most predominant, and Grade 3, Grade 4, and Grade 1 followed it in order. 5. In the period of the treatments of medi-acupuncture, 2-5 day treatments(31.1%) were major and 6-10 day treatments(26.7%), 16-20 day treatments(11.1%), 26-30 day treatments(11.1%), over 31 day treatments(11.1%), 11-15 day treatments(4.4%), and 21-25 day treatments(4.4%) followed it by turns. Thus 2-10 day treatments are 57.8% and under 30 day treatments are 57.8% of all. 6. In the frequency of use of each medi-acupuncture, V was most frequency used in 41 cases(91.1%), and 11 cases of HN(24.4%), 8 cases of MOK(17.8%), 4 cases of OK(8.9%), 2 cases of B(4.4%), and a case of I(2.2%) were revealed in turn. 7. In the effect of treatments, 10 cases(22.2%) were excellent, 25 cases(55.6%) were good, 5 cases(11.1%) were fair, and 5 cases(11.1%) were poor. As the result, 88.9% of all changed for the better and all of these were improved within the third trial. 8. The effect of the treatments per durations was 100% in acute stage, 93.8% in subacute stage, and 66.7% in chronic stage. According to that, it was reavealed that the rate of treatments decreased as it came near to the chronic stage. 9. The effect of treatments per radiating pains was 87.5% in the radiating pains of the left lower limb, 81.8% in those of the right lower limb, 100% in those of both lower limbs, and 92.9% in case that patients have no radiating pains. So in the rate of treatments on radiating pains of the lower limbs, the case of both sides or no radiating pains was higher than that of one side. 10. In the effect of treatments per the condition of patients, Grade 4 showed 100% of improvement, Grade 3 showed 90.9% of improvement, Grade 2 showed 86.7% of improvement, and Grade 1 showed 100% of improvement. 11. In the effect of treatments per contents of treatments, the group treated with medi-acupuncture therapy, herb medication therapy, acupuncture therapy, and physiothrapy at the same time(Group 1) showed 100% of improvement, the group treated with medi-acupuncture therapy, acupuncture therapy, and physiotherapy simultaneously(Group 2) showed 73.7% of improvement, and the group treated with medi-acupuncture therapy and acupuncture therapy at the same time(Group 3) showed 100% of improvement. 12. 2-5 day treatments showed 78.6% of improvement, 6-10 day treatments showed 91.7% of improvement, and over 31 day treatments showed 100% of improvement. As the result, genarally the longer the period of treatment was, the better the effect of treatment was. 13. When only V was used, the rate of treatment was 96.2%. When only HN was used, the rate of treatment was 100%. When only MOK was used, the rate of treatment was 100%. When V and HN were used at the same time, the rate of treatment was 33.3%. When V and MOK were used at the same time, the rate of treatment was 100%. When V and OK were used at the same time, the rate of treatment was 100%. When V, HN, and MOK were used at the same time, the rate of treatment was 100%. When V, OK, and MOK were used at the same time, the rate of treatment was 100%. When V, MOK, and B were used at the same time, the rate of treatment was 100%. When V, HN, OK, and I were used at the same time, the rate of treatment was 100%. When V, HN, and B were used at the same time, the rate of treatment was 100%.

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