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        검색결과 354

        341.
        2011.06 KCI 등재 서비스 종료(열람 제한)
        Criminal procedure holds the discovery of substantive truth as its highest value. However, this fact-finding function cannot be the sole aim of criminal procedure to be attained at all costs. Rather, it is constrained by the principles of due process and a timely trial. Therefore, although the Criminal Code provides for the crime of perjury which deters witnesses from hindering a fair trial with false testimony, the Criminal Procedure Code partially concedes the fact-finding function of criminal procedure by providing for the witness’s right to refuse testimony as a function of due process.This right to refuse testimony is enforced by the obligation to inform the witness on the existence of this right. The question is, if the judge questions a witness in violation of the right to refuse testimony and the obligation to inform, and the witness makes a false statement under oath, can the witness be punished for perjury? This is a question of weighing the values of substantive truth and the principle of due process when they are in contradiction, as due process is the source of the right to refuse testimony and, in certain circumstances, constitutes a limit on the ideal of substantive fact-finding.The decisions in this study take the position that the standard for finding a witness guilty on perjury should be whether there has been an actual hindrance to exercise the right to refuse testimony due to the failure to inform. In this sense, the cases give more weight to the due process considerations of witness examination than previous Korean Supreme Court cases. However, the studied cases are incorrect in limiting the affirmative defense to perjury to those cases where the failure to inform resulted in an actual hindrance to exercise the right. The witness is an individual who bears the obligation to appear at court even though it is not the witness’s own trial, swear a legally binding oath, and testify, all in the interest of substantive fact-finding. The Criminal Procedure Code obligates these witnesses to give testimony, but also gives them the right to refuse testimony where the witness may incriminate himself or herself or close family members. The obligation to inform the witness of this right forms a procedural safeguard to enforce the right. Therefore, the presiding judge’s failure to inform the witness of the existence of the right is a violation of due process and the testimony is given illegally, meaning the witness should not be found guilty of perjury even if the testimony was false.The obligation to inform the witness of the right to refuse testimony exists to guarantee the right to refuse testimony by reminding the witness of the right, thereby giving the witness the ample opportunity to reached an informed decision on whether to stay silent or testify. Therefore, the obligation to inform (Article 160 of the Criminal Procedure Code) guarantees the exercise of this right even when the witness does not know he or she has this right, or is ignorant of how to exercise the right. If the presiding judge violates this regulation and compels the witness to testify without informing the witness that the witness has the right not to testify, such an act on the judge’s part is far more than a minor infraction that has no effect on the legal existence of the crime of perjury. In the cases where the court has failed to inform the holder of the right to refuse testimony, there is no expectation that the witness in question will not commit perjury. It is worth noting that the newly amended Criminal Procedure Code now provides for the exclusion of illegal evidence, and due process is increasingly important at trial as well as during the investigative phase. Therefore, a failure to adhere to laws protecting the witness, especially the failure to inform the witness of a right to refuse testimony should be a full defense to the crime of perjury.
        342.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        In the year of 2009, 346 criminal cases by the Korean Supreme Court are registered on the homepage of that court. 6 cases are decided by the counsel of all judge members, 3 cases of which were on the crimial procedure and the other 3 cases were on the criminal law. In this paper are reviewed some cases by the supreme court and 1 case by the constitutional court which seem to have theoretical or practical problems. The contents of this paper is as follows; Ⅰ. Introduction Ⅱ. The Cases relating to General Provisions of Criminal Law In this chapter, following cases are reviewed. Every Review is constituted as follows : (1)The fact of case, (2) The main point of case, (3) The note on case. 1. Supreme Court 2009. 9. 24. 2009도5302 2. Supreme Court 2009. 6. 11. 2008도11784 3. Supreme Court 2009. 6. 25. 2009도3505 4. Constitutional Court 2009. 6. 25. 2007헌바25 Ⅲ. The Cases relating to Individual Provisions of Criminal Law In this chapter, following cases are reviewed. Every review is constituted as follows : (1)The fact of case, (2) The main point of case, (3) The note on case. 1. Supreme Court 2009. 5. 14. 2009도1947, 2009전도5 2. Supreme Court 2009. 3. 26. 2007도3520 3. Supreme Court 2009. 9. 10. 2009도3580 4. Supreme Court 2009. 10. 29. 2009도5704 5. Supreme Court 2009. 8. 20. 2009도3452 6. Supreme Court 2009. 4. 9. 2009도128 7. Supreme Court 2009. 6. 25. 2008도3792 8. Supreme Court 2009. 5. 14. 2007도2168 9. Supreme Court 2009. 10. 15. 2009도7421 10. Supreme Court 2009. 2. 26. 2006도3119 11. Supreme Court 2009. 7. 23. 2009도3924
        343.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        The ruling that declared the restriction of right of arraignment according to exemption law is unconstitutional in case of grieve bodily harm regardless of light/heavy negligence poses several problems. This is especially the case in heavy negligence, but it is in overall problematic in execution levels if negligence is not considered. Even though heavy negligence is not seen as a weighing factor of professional negligence and instead either is seen as a weighing factor of normal negligence in criminal law, the ruling completely ignores this. It is also problematic in that heavy negligence is not a solid concept and leaves much to the judgement of the jury. In addition, the fact that decision of heavy negligence depends on doctor's opinion is also a problem. The unconstitutional declaration saw the exemption law as a violation of the equality rights, but it actually helps the people's convenience by speeding up the process of compensation, and the differentiation of death and heavy negligence is according to their inherent differences. The exemption law serves its purpose by transferring the loss of property of victims to the car insurance and preventing the mass production of ex-convicts.
        345.
        2010.06 KCI 등재 서비스 종료(열람 제한)
        본 논문은 제품의 고장모드를 예측하고 제거하는 FMEA를 체감형게임의 안전성 평가척도에 적용함으로써 체감형게임의 사용가능성을 증진시키는 방법에 대한 논문이다. 체감형게임이 제공하는 작동화된 인터랙션이라는 특징 때문에 사용자들은 예상치 못한 사고들을 겪게 되었다. 이에 본 논문은 Wii 사고사례들 중 게임기기와 신체상해부위의 두 가지 분류 내의 위험요인(고장모드)들을 FMEA를 사용해 우선순위를 매겨보았다. 그 결과 게임기기에서는 TV가, 신체상해 부위에서는 손열상 및 타박상이 가장 큰 위험요인으로 나타났다. 이를 바탕으로 FMEA를 활용한 체감형게임 안전성 평가모델에서 가장 우선적으로 고려해야 할 안정성 평가 순위를 제공하고, 상이한 체감형게임 기기들 간의 일관성 있는 평가 가이드라인을 제공할 수 있는 기초를 마련하였다.
        346.
        2009.06 KCI 등재 서비스 종료(열람 제한)
        In the year of 2008, 404 criminal cases by the Korean Supreme Court are registered on the homepage of that court. 4 cases are decided by the counsel of all judge members, one of which was on the criminal procedure and the other 3 were on the criminal law. The cases which are reviewed in this paper is as follows; First, the cases by the counsel of all the judges of the supreme court. Among these are Supreme Court 2008. 6. 19. 2006 Do 4876. Supreme Court 2008. 4. 17. 2004 Do 4899, Supreme Court 2008. 4. 17. 2003 Do 758. Second, the cases relationg to the general principles of criminal law. Among theses are Supreme Court 2008. 3. 27. 2008 Do 89, Supreme Court 2008. 11. 27. 2008 Do 7311, Supreme Court 2008. 10. 23. 2005 Do 10101, Supreme Court 2008. 11. 13. 2008 Do 7143, Supreme Court 2008. 9. 11. 2006 Do 8376, Supreme Court 2008. 3. 27. 2007 Do 7874, Supreme Court 2008. 4. 11. 2007 Do 8373, Third, the cases relating to the individual crime provisions. Among these are Supreme Court 2008. 7. 10. 2008 Do 2422, Supreme Court 2008. 3. 27. 2008 Do 917, Supreme Court 2008. 10. 23. 2008 Do 6080, Supreme Court 2008. 4. 24. 2006 Do 9089, Supreme Court 2008. 12. 24. 2008 Do 9169, Supreme Court 2008. 10. 23. 2008 Do 5200, Supreme Court 2008. 3. 13. 2006 Do 3558.
        347.
        2009.01 KCI 등재 서비스 종료(열람 제한)
        This research aims to find processes for developing the design language for the visual notes and design meaning of street furnitures. The result of this study are as follows. 1) The design language implies to get how to represent condensed symbols of the street furnitures. 2) The configuration of the street furnitures has their visual note and design meaning of community identity, represented their own detail design languages. 3) The detail design languages are useful to solve the matters of what design elements of the street furnitures can be composed of the visual notes and design meaning. 4) The detail design languages can be applied to the pattern of tools of Microsoft Office Word.
        348.
        2008.06 KCI 등재 서비스 종료(열람 제한)
        In 2007, 511 criminal cases of the korean supreme court are registered on the homepage of that court. 4 cases are decided by the counsel of all judge members, one of which was on the crimial procedure and the others were on the criminal law. In this paper are reviewed several cases including two criminal cases by the supreme court counsel of all judge memberst and 1 case by the consititutional court. I. Cases by the counsel of all the judges of the supreme court. 1. Supreme Court 2007. 9. 28. 2007 Do 606. These cases are on the distinction of the completion from the attempt of the crime of threat 2. Supreme Court 2004. 4. 19. 2005 Do 7288. This case is on the amount of profit by property crimes. 3. Constitutional Court 2007. 11. 29. 2005 Heonga 10 This case is on the unconstitionality of the provision that punishes the employer because of the crime by the employee. II. Individual Cases In this paper, following cases are reviewed. 1. Supreme Court 2007. 8. 23. 2007 Do 4818. 2. Supreme Court 2007. 2. 8. Do 2006도7900 3. Supreme Court 2007. 12. 14. Do 2005도872 4. Supreme Court 2007. 2. 8. Do 2006도6196 5. Supreme Court 2007. 6. 29. Do 2005도3832 6. Supreme Court 2007. 1. 25. Do 2006도5979 7. Supreme Court 2007. 3. 15. Do 2006도9453 8. Supreme Court 2007. 5. 10. Do 2007도1375 9. Supreme Court 2007. 9. 20. Do 2007도5507 10. Supreme Court 2007. 3. 15. Do 2006도2704 11. Supreme Court 2007. 10. 12. Do 2005도7112 12. Supreme Court 2007. 3. 29. 2006 Do 9182
        350.
        2003.05 KCI 등재후보 서비스 종료(열람 제한)
        본 연구는 초등학교 조기입학 아동의 학교생활과 학교생활 적응도에 대한 부모와 담임교사의 인식이 어떠한지를 알아보는데 그 목적이 있다. 연구의 대상은 서울특별시 남부교육청 관할에 있는 25개 학교 조기입학 아동의 부모 413명과 담임교사 413명으로 총 826명이였다. 연구 결과 첫째, 초등학교 조기입학 아동의 학교생활에 대한 부모와 담임교사의 인식은 전체적으로 유의미한 차이를 보였고 둘째, 초등학교 조기입학 아동의 학교생활 적응도에 대한 부모와 담임교사의 인식은 성과 학년에 따라 유의미한 차이를 보였다.
        354.
        1995.03 KCI 등재 서비스 종료(열람 제한)
        As a basic research for the reorganization of the rural villages and the enhancement of the rural residential environment this study intends to compare attitudes and perceptions of the residents in the planned districts(Munhwa-Maul) and the existing districts in the two rural villages, Wolam-1-Ri and Woohang-2-Ri The major fadings of this study can be summarized as follows 1) The three types of reorganization of the rural villages are identified . addition of the new residential site to existing village, development of a new village in a new site, redevelopment of existing village 2) The residents have low degrees of satisEaction at medical facilities, park and green spaces, public open spaces 3) The rates of residents who think their village territory include both the planned and the existing district is higher in the Woohang-2-Ri than in the Wolam-1-Ri 4) 57.6% of the farm householders in the two planned districts think the lot sizes are small, But the majority of the residents think the sizes of their houses are adequate. 5) A large number of residents show positive response to the development of the planned district 6) Since the majority of the residents(about 70%) in the two planned districts are not farm householders, new strategies need to be deveolped to induce more farm householders to the planned district.
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