공판이 진실발견의 장이 되어야 한다는 데는 많은 사람들이 동의할 것이 다. 우리 법 제310조의2도 법정에서의 진술을 최상위에 두고 있다. 이 점 은 대륙법의 직접심리주의이든 영미법의 전문법칙이든 차이가 없다. 사실 판단자가 법정에서 진술을 듣고 진실을 발견하라고 한다. 하지만 이러한 원칙에 모두 예외를 두고 있다. 전문법칙에도 법정 외 진 술을 사실인정의 자료로 쓰는 예외가 꽤 규정되어 있고, 직접심리주의에서 도 법관 앞에서 한 진술은 법정 외 진술이어도 증거로 할 수 있는 길을 열 어두고 있다. 이제 문제는 수사기관이 작성한 서류라면 조금 더 폭넓게 증거능력의 예 외를 인정할 것인가? 검증조서에 수사기관의 목격 진술을 적고, 압수조서나 수사보고서에도 적게 할 것인가, 하는 점이다. 그건 아니라고 본다. 예외가 원칙을 훼손하지 않도록 하기 위해서는 우리 대법원이 어느 지점 에선가 ‘더는 안 된다’는 말을 해 주어야 한다. 검증조서와 압수조서, 수 사보고서에 들어가 있는 진술의 증거능력에 대한 법원의 꼼꼼하고 단호한 검토를 기대하는 이유다. 중요한 것은, 증거서류 규정의 합리적 해석을 통 해 공판중심주의를 강화하는 것이기 때문이다.
Purpose: This study examined the influence of nursing students’ competencies in assessment, communication, clinical judgment, and patient safety on evidence-based practice (EBP) competency through simulation training. Methods: Data were collected from in December 11 in 2023 to January 30 in 2024, using a self-report questionnaire. The final participants were 230 nursing students in two universities. Multiple regression, t-test, ANOVA were used for data analysis. Results: The competencies of nursing students who participated in simulation training significantly influenced their EBP competency. The most influential factor on nursing students’ competency of EBP was Clinical Judgment, followed by Communication. Assessment and Patient safety competencies did not have a statistically significant impact on EBP competency. Conclusion: It is crucial for nurses to implement EBP to provide high-quality nursing and advance nursing as a science. However, since EBP competency is difficult to acquire in a short period, education on EBP is necessary from nursing school. Simulation training is considered an effective means to enhance nursing students' competency in EBP. Our study suggests incorporating elements that strengthen competencies in clinical judgment and communication when establishing a simulationbased training program to enhance the EBP competency of nursing students.
Rhaphidophoridae (Orthoptera: Ensifera), commonly known as cave crickets, are a wingless family and considered the most ancient lineage within Tettigoniidea. However, previous molecular phylogenetic studies and morphological hypotheses have shown inconsistencies. Although their fossils have been found in Baltic amber, their systematic placement remains unrevealed. This study reconstructed a comprehensive phylogeny integrating both extant and fossil lineages. Initially, we revealed relationships within extant lineages through molecular phylogenetics including all extant subfamilies for the first time. Subsequently, using a cladistic approach based on morphology, we confirmed the systematic position of fossil taxa †Protroglophilinae with a report of a new species. Integrating molecular and morphological phylogeney by total evidence tip-dating, we present the comprehensive phylogeny of Rhaphidophoridae considering both extant and fossil groups.
Distractive marking, as conceptualized by Abbott H. Thayer, refers to diminutive patterns of contrasting colors on an animal’s body. Thayer hypothesized that these patterns augment camouflage by diverting predatory focus from the outline of the prey, however, the evidence was insufficient. In this study, we verified the hypothesis that the presence of distractive markings confers a survival advantage under specific conditions. Specifically, the experiment aimed to ascertain whether the existence of lichens on trees hinders the visual detection of prey, given that lichens resemble distractive markings. The experimental design involved human subjects as predators and artificial moth images on a monitor as prey. The survival of moths with and without distractive markings was compared, also considering the influence of the presence of lichens in the background. As an analysis result, the survival likelihood of moths was statistically significantly hindered when the distractive marking was present. This result contradicts Thayer‘s hypothesis and implies the presence of a function distinct other than the enhancement of camouflage.
Humans turn to other humans for decision making. They don’t know how the algorithm operates but they understand how a human mind operates. Ergo, they would be more likely to follow a human’s recommendation.
The FIFA world cup is one of the most popular and widely viewed sporting event, where millions of viewers across the globe tune in to support their country every four years for the chance to win the ultimate football tournament. According to FIFA, the FIFA World Cup Qatar 2022 recorded over 5 billion cumulative views, with the final match estimated to have been watched by more than 1.5 billion viewers live on television. In South Korea, a total of 11.14 million viewers watched the opening match against Uruguay, which was estimated to be a 97% increase in Korean viewership compared to the previous World Cup.
We study retailer app use and shopping behavior by investigating whether and how app adopters’ preferred store registration (PSR), a voluntary enrollment of store loyalty program, can lead to changes in purchase behaviors among the adopters in offline stores. A panel dataset from a large bakery franchise chain was studied using difference-in-differences with propensity score matching for causal inference. The results show that customers who participated in PSR increase their spending, compared to customers who did not. In addition, the results confirm that the PSR-spending relationship is moderated by customer and store characteristics; customers who visited infrequently and spent less prior to PSR participation increase their purchases, and they spend more at stores with better service quality.
Group identities, also known as social identities, have been established as measurable, stable, and behaviorally relevant constructs in marketing, psychology, and political science. According to research in political psychology, shared in-group identities can increase a voter’s support for an in-group political candidate.
This study explored dominant topics about the metaverse discussed in Twitter and the sentiments in each topic in the case of Decentraland using topic modeling and sentiment analysis. The appraisal theory of emotion and motivation theory were used to explain why positive or negative sentiments were expressed toward specific topics. The majority of topics were related to economic benefits such as coins, NFTs, tokens, estate, land, and spaces or socializing with others at specific events. Many of them included predominantly positive sentiments because consumers appraised them as motive consistent. This serves as an important implication for marketers and developers in the metaverse that they need to focus more on these features so that consumers can interact with the motive-consistent features and thus have positive emotions.
To successfully expand their business activities in overseas markets, small- and medium-sized enterprises (SMEs) must first acquire a thorough knowledge and understanding of prevailing environmental and market conditions. This study examines the crucial role that a learning orientation can play in the generation of relevant foreign market knowledge. It also investigates the impact of foreign market knowledge on strengthening internationalizing SMEs’ operational adjustment agility and market capitalizing agility, which in turn enhance firms’ international venture performance. Our empirical effort is based on data collected from 209 Nigerian industrial SMEs which internationalize their efforts. To test our research model and hypotheses we collected data by means of a survey conducted among Nigerian small- and medium-sized firms (i.e., employing 250 or less people) which internationalize their efforts and launch their products in B2B markets. The positive role of learning orientation, foreign market knowledge and organizational agility is confirmed by our results on driving international venture performance.
Research in entrepreneurial marketing (EM) has put considerable effort into identifying various factors associated with entrepreneurial success, including skills and competences of prospective entrepreneurs. At the same time, little consensus exists regarding the relative importance of particular marketing skills. Moreover, the literature to date does not outline any essential marketing-related competencies needed for nascent entrepreneurs. Our study looks to identify specific marketing competencies relevant to entrepreneurial context. A three-stage mixed-methodology approach to data collection is deployed. Qualitative documentary analysis and exploratory interviews provide preliminary findings and guide the design of a subsequent quantitative survey of UK entrepreneurs, resulting in insights into the most beneficial marketing competencies for entrepreneurship. Further, these insights are used to equip educators with improved practice of developing marketing practice for future entrepreneurs. This research is expected to advance the understanding of nascent entrepreneurship research, practice and pedagogy within EM field.
The decision between standardization and localization (or adaptation) of advertising strategy is crucial for the performance of product/service in foreign markets. Since the online advertising media have diluted the physical boundaries between countries, decision making related to international advertising has focused more on message strategy rather than media strategy. In this paper, the authors utilize movie poster images as a typical example of online advertising of service business. Employing image deep learning approach, the researchers calculate the level of localization and its effect on the financial performance in a foreign market. This research will expand the academic discussion in international advertising strategy and movie marketing.
Governments around the world are enacting laws mandating explainable traceability when using AI(Artificial Intelligence) to solve real-world problems. HAI(Human-Centric Artificial Intelligence) is an approach that induces human decision-making through Human-AI collaboration. This research presents a case study that implements the Human-AI collaboration to achieve explainable traceability in governmental data analysis. The Human-AI collaboration explored in this study performs AI inferences for generating labels, followed by AI interpretation to make results more explainable and traceable. The study utilized an example dataset from the Ministry of Oceans and Fisheries to reproduce the Human-AI collaboration process used in actual policy-making, in which the Ministry of Science and ICT utilized R&D PIE(R&D Platform for Investment and Evaluation) to build a government investment portfolio.