In General, cases, where the money received is mixed up and with those related to duties and those that are not, and as a result inseparably combined to each other, are classified into two categories. Type One is when a part or all of the received money is not related to duties, but materially as a whole can be recognized as a bribe, as it is in general precedents. Type Two is when only a part of the received money can be recognized as a bribe, and the rest is not recognized as a bribe (for example, since it is a justifiable compensation), but is objectively hard to divide the parts. In regards to Type One, the whole money received shall be recognized as a bribe, and therefore be treated as a general bribery case. Therefore bribery is charged for all the money received, and “special criminal laws on specific crimes” is applied according to the amount of the bribery. However, in regards to Type Two, since only a part of the received money is bribery, the received amount of money cannot be calculated by a normal estimation method. Thus, in principle, the amount is handled as not calculable, so that “special criminal laws on specific crimes” cannot be applied. This judgement showed that Type Two exists, and has a significant meaning as a precedent since it showed that in such a case the amount of bribery cannot be calculated and thus is unable to be additionally collected. Nevertheless, subsequent judgments seem to have distorted this judgement. It restricted this judgement’s range of application only to “when the money was received on several occasions, and when each receiving act is needed to be individually judged whether it is related to duties or not.”

by analyzing friction resistibility of connections by each kind of woods and metal goods, the study aims to suggest to use metal goods appropriately by kinds of woods and manufacture conditions with analysis on characteristics of resistibility of extracting nails for solving such problems and to secure basic data for establishing maintenance, repair and reinforcement plans.

In this case, the appeal court says, the fact that the defendant used the privilege against self-incrimination and denied answering the questions of the police in the investigative process could not be used as evidence for evaluating the charge to the disadvantage of the defendant. This reference is appropriate. But the principle that we must not use the fact of no answer as evidence for regarding the assertion of the defendant as unreliable should not be confused as a principle that we must give an advantage to the no answer defendant. No answer could not prohibit the fact finder from infering truth from the indirect circumstantial facts. In this case, the defendant insisted that the drug in his body was not injected by him and he did not know how it was in his body. As two persons known visited him the day of arrest and he saw they put injectors in the waterpot, he thouhgt propably they injected the drug in his body in a stealthy way. But the defendant only insisted this story and did not give any clue with which this story could be checked up and for identifying the two persons. Therefore his assertion should be valued as unreliable because of the unreliability of the assertion itself, not because of the fact of no answer. And as the subjective factors as perception, intention, knowing etc could be infered by indirect factors, in this case, the fact that the defendant injected the drug voluntarily could be presumed from the fact that he was arrested in the intoxication in his room, there was none in his room when he was arrested, injectors were founded in his room. So the fact-finding of the court would be said inappropriate.On the other hand, the appeal court says, when the defendant decided to use the privilege against self-incrimination and not to answer, the police should immediately stop questioning. As in this case the police continued questioning, the interrogation is illegal. But this comment is inappropriate because the current criminal process law recognize the right to question to the public attorney and the police independently to the right of the defendant not to answer. Consequently the police can put questions to the defendant though he uses the privilege. But it is up to the decision of the defendant, whether he refuses all questions from the beginning to the end, or reply partly. As for ruling the interrogation, Korean law is different from the American law. Furthemore, in this case, the questions the police put to the silent defendant were for the name or for affirming whether the defendant would use the privilege or not. Because the questions are not for the fact for the defendant's charge, it would be not illegal with the viewpoint of American law.

This paper aims to examine the use of the Balanced Scorecard in a not-for-profit organization (the Korea Shipping Association). The KSA has begun using the Balanced Scorecard paradigm in its strategic planning process. In this paper an overview is presented of the basic concepts of the Balanced Scorecard including the financial perspective, customer perspective, internal process perspective, and learning and growth perspective. The accounting system and its pros and cons of the KSA are then surveyed in terms of its performance evaluation. The application of the Balanced Scorecard approach to the KSA is discussed in detail. Implications in using the Balanced Scorecard are discussed. Finally, conclusions regarding the use of the Balanced Scorecard in a not-for-profit organization are presented. Through this paper, the comprehensive understanding of the performance evaluation for not-for-profit organizations as the KSA would be promoted.

The aim of this paper is to analyze the grammatical status of English core negative element ne and not in the process of diachronic changes. Negation was generally expressed by the negative particle ne throughout OE. It came to be expressed by the weakened ne in combination with the negative adverb not in ME, and as ne disappeared, not started to be used exclusively from around the fifteenth century. There was a temporary tendency to place not before a lexical verb until the verb do became fully grammaticalized as an auxiliary, but negation began to be derived with the syntactic structure of `a finite modal verb/do＋not＋a lexical verb` from the later period of Early ModE. Contracted negation came to be optionally expressed through negative contraction in terms of encliticization of not to the preceding finite verb from Late ModE.

본 연구의 목적은 종목과 승패 결과에 따른 사후가정 및 이에 대한 정서와 시합중요도의 차이를 밝히고 승패결과와 개인의 성취목표 성향에 따라서 사후가정 정서가 달라지는지 그리고 성취목표 성향이 사후 가정의 방향성에 어떠한 영향을 미치는지 규명하는 것이 목적이다. 연구참여자는 축구선수 96명, 댄스스포츠 선수 98명 등 총 194명이다. 이들에게 사후가정 질문지 성취목표성향 질문지를 배포하여 자료를 수집했다. 수집된 자료를 분석하기 위해 기술통계치를 제시하고, Χ2, 독립 t-검증, 다변량분석(MANOVA), 이분형 로지스틱 회귀분석을 실시했다. 연구 결과는 다음과 같다. 첫째, 승리상황에서는 상향적 사후가정이, 패배상황에서는 하향적 사후가정이 나타났으며 이러한 결과는 종목에 따라서 차이가 있는 것으로 나타났다. 둘째, 선수들의 사후가정과 관련된 시합의 중요도는 모두 높은 것으로 나타났다. 셋째, 승패결과에 관계없이 상향적 사후가정의 후회정서가 더 낮은 것으로 나타났다. 넷째, 숙달성향은 상향적 사후가정과 수행성향은 하향적 사후가정과 관계가 있는 것으로 나타났다. 본 연구의 결과를 토대로 논의했으며, 본 연구의 한계점 및 후속 연구자에 대한 제언을 제시했다.

The Criminal Procedure Act of Korea prescribe that only the prosecutor is authorized to prosecute a criminal case and to determine whether or not a criminal case will be prosecuted. On the other hand, the judicial review system is implemented in the Korean criminal procedure to protect the constitutional right of criminal victims to make a statement in a trial and to judicially control the prosecutorial discretion. It was limited to some abusive crimes of authority by a public officer but is expanded to all crimes after the revised Act took effect on and after January 1, 2008. An accuser as a victim of crime should file a review by the prosecution before appealing to the court against the prosecutorial disposition not to be prosecuted. And the prosecutorial review is compulsory as a legal obligation prior to the judicial review. It helps to enhance the efficiency of the reviewing system on prosecutorial discretion. It also is intended to minimize expenditures of time and to prevent abusing the judicial reviews. But there are some exceptions in the preliminary proceeding. An accuser as a victim of crime can appeal directly to the court against the prosecutorial disposition not to be prosecuted without going through a prosecutorial review where ⅰ) a notice that the prosecutor made a decision not to be prosecuted is reached after being investigated again through the prosecutorial review, ⅱ) 3 months has passed without any decision since filing a prosecutorial review, or ⅲ) the prosecutor doesn't indict until 30 days to the completion of prescription for prosecution. The accusers shall file to the court a written petition of the judicial review on the prosecutorial disposition within 10 days of the notice's arrival. They shall appeal to the court within 10 days when the exceptional condition has been fulfilled. Even though an exception is applicable, the accuser may go through a prosecutorial review. That is to say, the accuser is not forced to appeal to the court in case of an exception. Because it is intended by the lawmakers to protect the right of an accuser as a victim and is not proper to disadvantage an accuser who go through the statutory procedure. Especially, the purpose of allowing the direct appeal to the court after 3 months' passing without any decision of the prosecutorial review is not to force the appeal to the court but to protect the interest of an accuser.

The composition and distribution of seed storage proteins are important factors for eating quality such as grain flavor and quality in rice (OryzasativaL.) Rice protein disulfide isomerase (OsPDI) and binding protein (OsBIP) regulate synthesis, stability and sorting of storage proteins. We thus have tried to develop a marker protein for selection of rice cultivars which have different eating quality. Immunoblot analysis revealed that protein levels of OsPDI and OsBIP have no direct correlation with eating quality, suggesting that they may indirectly participate in control of eating quality through their-interacting partners or other regulatory mechanism.

한국어 교육 분야에서 ‘부사’는 수의적인 문장 성분으로 쓰이는 까닭에 다른 품사에 비해 연구가 많이 이루어지지 못하였으며, 더불어 효율적인 교육 방안 또한 제시되지 못하고 있는 실정이다. 이에 본고에서는 호응 정보를 가지는 부정부사 ‘전혀, 별로’를 중심으로 한국어 교재와 실제 언어 자료(말뭉치)의 분석을 거쳐 초급 학습자를 위한 기본적인 호응 관계의 분포를 알아보고 중․고급 학습자를 위한 다양한 용례를 말뭉치에서 추출하여 한국어 교육에 응용해 보고자 한다.

연구 목적은 귀인을 공개적으로 측정했을때와 비공개적으로 측정했을때 귀인 양상의 차이가 있는지 그리고 개인의 특성변인으로서 자기고양 편향이 그러한 차이를 더욱 두드러지게 하는지 살펴보는 것이다. 연구 참여자는 시합에 참가한 축구 동호인 66명이다. 연구도구는 자기고양 질문지, 승패결과귀인 측정 질문지이며 수집된 자료를 분석하기 위해 평균 및 표준편차, 이원다변량분석을 실시했다. 연구 결과 선수들은 귀인을 공개한 상황에서는 겸양적 편향을 나타냈지만 귀인을 공개하지 않는 익명의 상황에서는 이기적 편향을 나타냈으며, 특히 자기고양 수준이 높을수록 그러한 경향이 강하게 나타났다. 논의에서는 겉귀인과 속귀인의 해석 그리고 자기고양의 역할에 대해서 살펴보았으며, 귀인을 보다 체계적으로 살펴보기 위해서는 귀인 공개유무와 같은 상황적 측면과 자기고양동기와 같은 개인적 측면이 모두 중요하다는 점을 강조하였다.

본 연구는 통합이론에 근거하여 운동중단유혹의 개념구조를 탐색하고 그것을 측정할 수 있는 측정 도구를 개발, 검증하고자 진행하였다. 2달 이하의 규칙적인 운동을 참여하다 중단한 경험이 있는 서울에 거주하는 성인을 대상으로 개방형설문과 면접, 구조 분석을 위한 탐색적 요인분석, 구조 검증을 위한 확인적 요인분석, 운동중단유혹과 자기효능감과의 관계 및 운동행동변화단계에 따른 운동중단유혹차이 검증을 위해 설문을 실시하였다. 그 결과 개방형 설문과 면접의 귀납적 내용 분석을 통해 시간제약, 동기, 신체, 환경, 사회적 지지 요인의 5개의 일반영역과 시간부족, 업무과다, 무기력, 재미부족, 효과부족, 몸 상태, 비용, 시설, 술, 운동 파트너, 운동 지도자 요인의 11개 세부영역이 추출되었으며, 탐색적, 확인적 요인분석 결과 지도자, 의욕상실, 시간제약, 감정, 결과 요인의 5개요인, 17문항이 최종 선정되었고 그 타당성이 검증되었다. 한편, 운동중단유혹 하위요인은 자기효능감과 부적인 상관이 있는 것으로 나타났으며, 운동행동변화단계에 따른 운동중단유혹은 관심과 준비단계에서 뚜렷이 높은 것으로 나타났다. 이러한 결과는 운동중단유혹 척도가 운동행동을 이해하고, 예측하고, 설명하는 것을 돕는 통합이론의 유용한 구성요소로서 잠재적 중요성을 내재하고 있음을 의미한다.

This paper aims to introduce budgetary accounting system for not-for-profit organizations related to maritime and fishery in Korea Especially, these not-for-profit organizations related to maritime and fishery should design and maintain the original accounting systems because they have some objectives and activities of organizations different to for-profit organizations. Currently, while the accounting for not-for-profit units is difficult to understand, this case study of budgetary accounting system for not-for-profit organizations related to maritime and fishery as KSSIT may be great help to them by reflecting all administrative activities of these units and offering objectively and fairly financial position and phase or operating results. This paper concentrate primarily upon this subject about double-entry accounting system to be introduced in order to improve budgetary systems of not-for-profit organizations. These units are governmental organizations as public corporations and bodies corporate and politic. Therefore, not-for-profit organizations related to maritime and fishery should be applied to regulations of the Governmental Accounting Standards Board. GASB has the authority to establish standards of financial reporting for all units of government. With conclusion, this paper reviewed a case of double-entry system for budgetary accounting, and examined a process of financial reporting in not-for-profit organizations. Through this paper, the comprehensive understanding of budgetary accounting system for not-for-profit organizations as KSSIT would be promoted.

T. S. Eliot owed the Unitarian belief of his family for his early interest in the Orient. He was introduced to Indian religion and philosophy by George Santayana and Irving Babbitt in his undergraduate years at Harvard, which led to his serious studies of lndian religion and philosophy in his graduate years under Char1es Rockwell Lanman and James Woods. My concern here, however, is why be could not accept lndian religion and philosophy. lt is apparent that Eliot's interest in Indian religion and philosophy remained much later after completion of his graduate studies. N aturally enough, Indian religious and philosophical speculations are echoed in his various poems, particularly in The Waste Land and Four Quartets. While he worked as editor of The Criterion from 1922 to 1936, he allowed space for the forum of debate on the culture of the East and the West. By this time his early view of Indian religion and philosophy had been very much discolored, reveaIing that his position was quite similar to Henri Massis’s negative attitude towards the Oriental philosophy, which is representative of the c1assicist’s view of Action Française based on the concept of sin. Because of "a Catholic cast of mind, a Catholic heritage, and a Puritan temperament," Eliot’s interest in Indian religion and philosophy, which does not allow the concept of Original Sin, could not be permanent. The three points, among others, count for the reasons for his having not fully involved in Indian religion and philosophy. One is that he left his studies of Indian religion and philosophy half done and completed his doctoral dissertation on the Westem mystical philosophy of F. H. Bradley. Another is that he became an Anglo-Catholic in 1927, whose belief is based on the concept of Original Sin. The third is that he chose to become a man of letter rather than a philosopher by profession and declared on several occasions that he could not become a Buddhist. Eliot’s belief in Original Sin prevented him from being fully involved in Indian religion and philosophy for the emotional or practical reasons. He was simply responsive to it intellectually. His East was always next to the West and was partly appropriated to support his own poetic ideas, which shows a phase of the general Westem prejudice against the East.

해상교통법에서는 다른 선박을 피하여야 하는 의무를 가지는 서로 다른 두가지 그룹의 선박이 있다. 하나는 다른 선박의 진로를 피하여야 할 선박이고, 다른 하나는 통항을 방해하지 아니할 선박이다. 통항불방해의 무선박의 개념은 1972년 국제해상충돌방지규칙의 1987년 개정에서 제8조 (f)항을 채택함으로써 분명하여졌다. 그러나, 한국정부는 이러한 규정을 한국의 국내법에 현재까지 수용하지 아니하였다. 그리하여 통항불방해의무선박의 정의와 적용에 대하여는 학계에서조차도 크게 논의되지 않고 있다. 최근 대법원은 통항불방해의무선박이 관련된 충돌사건에 대한 판결을 내렸다. 필자는 외국 학자들의 논문과 국제해사기구의 문서를 참조하면서, 통항불방해의무선박에 대한 자신의 견해를 밝히면서 대법원의 판결을 비판하고 있다.

There is a vessel which shall not impede the passage of any other vessel in the COLREGS 1972. But the issue was raised that the words of "not to impede" were vague. Therefore, IMO adopted new paragraph (f) to be added to Rule 8 that a vessel which is required not to impede the passage of another vessel is not relieved of this obligation if approaching the vessel so as to involve risk of collision. It means that the ship which is obliged not to impede should contributes to avoid collision and to the safe passage of the other vessel. Also it results that the application of Collision Rules should be changed. But until now, it seems that the mariners are not familiar with this subject. This paper, therefore, aims to define the meaning of "not to impede" and clarify it's legal concept so as to adequate application of the Collision Rules for the collision avoidance at sea.on avoidance at sea.