형사법의 판단에 작용하는 동기식 인지에 관한 시론적 연구 -미국 법심리학의 논의들에 대한 분석을 중심으로-

강우예 ( Wu Ye¸ Kang ) 홍익대학교 법학연구소 2020 홍익법학 Vol.21 No.3

형사절차의 참가자들에게 나타나는 동기식 인지(motivated cognition) 현상은 특정한 결과를 선호하는 심리적 경향이 합리적인 논증을 배후에서 지배하거나 이끌어가는 패턴을 보여준다. 동기식 인지라는 심리학적 현상에 비추어 볼 때 종래 형사법에서 크게 환영받지 못한 결과고려의 방식이 사실상 만연해 있으며 심지어 피할 수 없는 것으로 보인다. 게다가, 동기식 인지에서 작동하는 결과고려는 상당부분 법적 쟁점과 무관한 이념(ideology) 내지 집단적 정체성(group identity)과 결부되어 있으며 심지어 무의식적으로 이루어진다. 동기식 인지는 법판단자가 무의식적 편향에 완전히 종속된 기계라고 믿게 만드는 확고한 근거는 아니지만 그렇다고 완전한 판단의 자유를 누리는 존재는 아니라는 것을 가리키는 개념이다. 동기식 인지에 대해서는 여러 가지 절차법적인 대응방안이 제시될 수 있다. 절차참가자들 특히 배심원과 판사가 동기식 인지를 의식하도록 하여 그 영향을 줄이는 방안이 있다. 동기식 인지는 배심설시, 변론, 전문가증언, 교육 등의 방법으로 그 편향의 효과를 줄일 수 있다. 나아가, 증거 제출의 기준과 방법의 변화를 통하여 동기식 인지을 일부 통제 할 수 있다. 우선, 편향적 성격 증거에 대해서는 공판정에서 반대 성격 증거를 제시하도록 하여 그 효과를 방지하는 방법이 있다. 나아가, 위법수집증거배제 법리에 있어 예외 요건에 대한 증명을 조금 더 엄격하게 요구하는 것과 같은 개선을 도모해 볼 수 있다. 이뿐만 아니라, 동기식 인지의 편향을 회피할 수 있는 형사 절차를 구성하는 것 또한 대안이 될 수 있다. 무엇보다, 동기식 인지 편향이 있는 배심을 선정절차에서 질의응답을 통해 파악하고 기피할 수 있다. 또한, 가능하면 형사절차는 합의부로 구성하거나 동기식 인지를 이유로 단독판사에 대한 회피 내지 배척이 가능하도록 하여 한 판사의 편향이 재판 결과를 좌우하지 않도록 해야 한다. 게다가, 오랫동안 주장되어온 것이기는 하지만 유·무죄 심리절차와 양형절차가 분리되어야 관련성 없는 정보들이 유·무죄 판단에 개입되는 것을 막을 수 있다는 제안도 동기식 인지 현상에 비추어 보면 더욱 절실하다고 할 수 있다. 그렇지만, 동기식 인지 현상에 대응하는 형사법 제도의 개선방안의 제시는 그렇게 간단하지만은 않다. 예를 들어, 케이한은 정당방위 상황과 관련해 집단적·문화적 정체성에 따라 사실관계에 대한 판단이 달라지는 현상에 대해 현재로서는 효과적인 대응방안이 없다고 단언한다. 케이한은 이러한 동기식 인지는 법판단자가 선의로 공정한 판단을 하기 위해 노력하는 것과 완전히 별개로 이루어지는 심리적 현상이 아니라고 했다. 이렇게 되면, 형사절차 참가자들이 과연 법적 원칙과 기준을 이성적이고 합리적으로 활용하고 적용하는 존재인지에 대한 의문은 피할 수 없어 보인다. 어쩌면 합리적 이성의 능력을 우리 스스로 지나치게 과대평가하지 않는 것이 보다 나은 해결책으로 가는 실마리가 아닐까라고 생각해 본다. The phenomenon of motivated cognition that happens in decision makers in criminal law is the psychological pattern of controlling and leading rational reasoning. This psychological concept shows that the method of consequentialism that is not very welcomed is widespread and even unavoidable. Moreover, the consequentialism regarding motivated cognition is related with the ideologies or the group identities, which do not have any relevance of legal issues. Also, it works unconsciously. The motivated cognition is not a firm ground that makes legal decision maker totally subject to determinative causation but is not a concept of explaining about total free-will of our capacity. To cope with motivated cognition, some countermeasures can be suggested. The participants of criminal process, such as jurors and judges, can consciously understand motivated cognition and reduce the effect of it. It means that jury instruction, arguments, expert testimony, education can reduce the effect of the bias. Moreover, the reformation of standards and methods of submitting evidence can get rid of the effect of motivated cognition. Most of all, against one-sided biased character evidence, the opposite side’s character evidence can be submitted. In addition, we can require the stricter proof of exceptional requirements of the exclusionary rule. Besides, the construction of bias-free process can be another option. The preemptory strike against biased jurors will be an alternative choice by a counsel. Simultaneously, the legal means to avoid a judge who has a serious motivated cognition should be constructed. To deter baised sentencing informations from being heard in a guilty trial, the bifurcation between guilty and sentencing process is seriously asked for. Nontheless, providing the countermeasures against motivated cognition for the criminal justice system is not so simple. For example, Dan Kahan assures that we don’t have any effective means to cope with the phenomenon, that the determination will be different depending on the identity based on a group or a culture. Kahan argues that motivated cognition is not the process that is made in completely different mode from the fair effort of good-faith. Also, even though there happens motivated cognition, it is hard to tell that it is wrong. If this difficulty is true, we cannot avoid the suspicion of if individuals who participates in a criminal process can rationally and reasonably use and apply legal principles and standards. Probably, trying not to exaggerate the capacity of rational reason may be the first step toward a better solution.

사과의 열과원인에 관한 조사연구

권병규,강영호,이우승,성민웅,이상윤,조화석 慶北大學校 生産技術硏究所 1970 生産技術 Vol.4 No.-

It is very important to eliminate the immense economic loss caused by cracking in apples through examining the causes of cracking and divising a possible method of prevention of it. Several investigators published their findings on the causes of the cracking of apples which develop on the skin of Ralls apples. However, no definite conclusions or established methods of prevention have been published to this date. Therefore, in this study the causes of the cracking of apples are examined through the use of several methods: (a) the histological and physiological, (b) the microelemental, and (c) the natural environmental. The results are as follows: 1). At the early stage of growth, the thicknesses of the cuticle, as well as of the subepidermis, were the same in Ralls apples without envelopes, Ralls with envelopes, and Jonathan. However. at maturity. the thicknesses differed in the following manner; Ralls apples without envelopes were thickest: Ralls envelopes were less thick than those without envelopes; while Jonathan apples were thinest. 2). Although in the Ralls without envelopes the epidermis is arranged in a brick wall like layer during maturity, in the middle of August the brick wall like epidermis begins to collapse and is surrounded by the cuticle. The process of cracking seems to start with the lenticle and the fruit spot. 3). The rate of cracking was slowed by application of a mixture of IAA and Bordeaux mixture solution, but cracking was not completely halted by this treatment. 4). The stem of a branch laden with apples was put into a solution containing Mn-54, and after absorption took place the distribution of Mn-54 was measured. The results of the measurements were as follows; the bark contained the most Mn-54; the leaves contained the second largest quantitiy; and the apples has the least. 5). The two orchards which were tested tended to have a low soil pH, and a high concentration of soil-solution Mn. 6). The soil with a high rate of cracking tended to have a high pH, which the soil with a low rate had a low pH. 7). In trees with a high rate of cracking, the amount of Mn in the leaves was equal to the amount in the stalk. However, in trees with a low rate of cracking, the amount of Mn in the leaves tended to be high compared with that found in the stalk. 8). The epidermis of the Ralls had a high Ca content than the epidermis of the Johnathan. 9). The epidermis of cracked apples tended to have a higher content of Ca, K,P, Cu and Fe than the epidermis of sound apples. 10). Amoug the apples tested, 11% cracked during the course of the year, with the cracking starting in the middle of Sept. 1969, This low percentage of cracking can be attributed to the small amount of rain during harvest time (late Sept. and October). The total of the added temperature during May, June, and July was 1962℃. 11). Cracking occurred more frequently in apples on the periphery of the tree, in well-colored apples, on the south side of the apples, and on the cheeks of the apples. These occurrances can perhaps be attributed to the amount of sunlight. 12). In the trees tested with newspaper envelops, cracking occurred in 1.9% of the apples with envelopes, and in 11.9% of the apples without envelopes. In the trees tested with Polysteron paper envelopes, cracking occurred in 2.5% of the apples with envelops, and 13.4% of the apples without envelopes. The apples with Polysteron paper envelopes were less infected by insects than the apples with newspaper envelopes. 13). Cracking occurred in 2.4% of the apples covered with vinyl, while in trees not covered with vinyl, 16.6% of the apples crack. The Artificial precipitation produced during harvest time increased the rate of cracking.

사과 열과(裂果)의 원인과 그 방지에 관한 연구

권병규,강영호,이우승,성민웅,한강원 경북대학교 1971 生産技術 Vol.5 No.-

On the basis of our hypothesis about the causes of cracking has obtained in our 1969's study, we investigated the relations among the cracking and the microelements, the environmental factors, and the treatment of IAA and GA in two selected orchards. We analyzed and compared with the contents of microelements (Mn, B, zn, and Cu) in leaves and soils of two test orchards (Taegu and Yungju). The results of the study which the causes of cracking of apples are examined through the above three procedures, are as follows: 1. The contents of Mn in soil of Taegu test orchard were total Mn 435.9 ppm, soil sol'n Mn 6.2ppm, and total Mn 284.6 pm in leaves. That of Yungju test orchard were total Mn 595.1ppm, soil sol'n Mn 6.2ppm and total Mn 144.2ppm in leaves. Comparing with Mn optimum contents in leaves Mn contents of Taegu test orchard were higher than the optimum concentration, while those of Yungju were approximately satis-factory. 2. The contents of B in leaves were 3.7ppm in Taegu and 4.6ppm in Yungju. These contents were lower ten times than the optimum contents and were the same deficiency in both test orchards. 3. The contents of Zn in leaves were 5.7ppm in Taegu and 3.8ppm in Yungju. Those contents were both the same deficiency as comparing with the optimum contents. 4. The contents of Cu in leaves were 29.3ppm in Taegu test orchard and 10.6ppm in Yungju test orchard. Comparing with the optimum contents, the contents of Cu were excess in Taegu test orchard, while that of Cu were approximately satisfactory in Yungju 5. The diameter of Ralls apple fruits were increased 1.1% in IAA spraying treatment and 3.1% in GA spraying treatment as comparing with control group 6. The thickness of cuticle layer of Ralls apple fruits were highest and the cuticle treated with IAA and GA was thinner than the control group. 7. New branches of tree with higher cracking rate tended to decrease in length, in figure and size of leaves. 8. The change of diameter in fruits were decreased in higher cracking fruits during day and night. The change of that in IAA and GA group were increased 6.1% and 1.2% respectively compared with the control group. 9. The application of IAA and GA solution slowed the cracking rate by 2.2 and 0.8% respectively compared with the control group 10. In 1970 year the cracking rate of Ralls apple fruit were 6.53% in Taegu and 4.31% in Yungju test orchard. 11. We obtained linear regression of rate of cracking and the summation of temperature during May to August in Taegu area. The summation of temperature was 2428.1℃ during June to August in 1970. When the summation of temperature was increased more than above that of tempera ture, we could expect that it was possible to increase the rate of cracking Ralls apple. An equation in the summation of temperature and the rate of cracking fruits during May to August were obtained y=0.074x-157.50. 12. The investigation indicates that a method of preventing the cracking of Ralls apple is: a. to spray at the optimum time growth hormone which increases the elasticity and elongation of cell wall. b. to alter the composition of soil by putting the organic fertilizer deeply in the ground. c. to replace Ralls apples with new varieties which is strong against cracking and have high quality and economical productivity.

제2종중단모형에서 깁스표본기법을 이용한 와이블분포의 신뢰도에 대한 베이즈추정

김종태,이우동,강상길 대구대학교 기초과학연구소 1998 基礎科學硏究 Vol.14 No.2

와이블분포에서 제2종중도절단된 표본을 이용하여 신뢰도를 베이지안 방법을 이용하여 추정한다. 깁스표본법을 베이지안 추정에서 사후확률의 분포를 구하는 방법에 적용하여 신뢰도에 대한 사후분포와 주변사후분포를 추정하는 방법을 제안한다. 그리고, 9개의 가솔린 정류에서 쓰는 열전달기구(heat exchanger)에 대한 수명시간자료를 이용하여 제안된 방법으로 분석하고자 한다. The Purpose of this paper is to estimate the reliability for the Type II censored Weibull sampling data by using Baysian method. The method of estimation for the prior distribution and posterior distribution is proposed by appling Gibbs sampling method on the Baysian estimation.

Indirect Reduction and Spinal Canal Remodeling through Ligamentotaxis for Lumbar Burst Fracture

( Wu Seong Kang ),( Jung Chul Kim ),( Ik Sun Choi ),( Sung Kyu Kim ) 대한외상학회 2017 大韓外傷學會誌 Vol.30 No.4

The choice of the most appropriate treatment for thoracolumbar or lumbar spine burst fracture remains controversial from conservative treatment to fusion through a posterior or anterior approach. There are many cases where ligamentotaxis is used to reduce the burst fracture. However, indirect reduction using ligamentotaxis is often limited in the magnitude of the reduction that it can achieve. In our patient with severe burst fracture, we were able to restore an almost normal level of vertebral height and secure spinal canal widening by using only ligamentotaxis by posterior instrumentation. Before the operation, the patient had more than 95% encroachment of the spinal canal. This was reduced to less than 10% after treatment.

Improved Switching Ripple Suppression Strategy for Multi-Paralleled Grid-Connected Inverters System

Wu Cao,Haotian Kang,Kangli Liu,Shunyu Wang,Jianfeng Zhao,Xiaochun Ji,Jun Zhao 전력전자학회 2019 ICPE(ISPE)논문집 Vol.2019 No.5

The switching operations of inverters in the distributed system inevitably introduce high-frequency harmonics into grid, which may make influences on electrical devices. To address it, this paper proposes a ripple suppression strategy based on active cancellation combined with passive filtering. The active cancellation is realized by carrier-phase-shift (CPS) technique and the passive filtering is achieved by filters. Furthermore, two component-shared LCL-type filters improved by traditional LCL filters are studied from the points of resonance and accuracy of gridinjected current. To valid the effectiveness of the proposed strategy, simulations and experimental test are carried out. The results show that the proposed strategy can effectively suppress high-frequency harmonics and two componentshared LCL-type filters can become promising filters for the multi-paralleled grid-connected inverters.

Sensorless Speed Control of PMLSM via Adaptive Interconnected State Observer

Kang Wu,Ying Lin 제어·로봇·시스템학회 2022 International Journal of Control, Automation, and Vol.20 No.11

An adaptive interconnected state observer is proposed for the permanent magnet linear synchronous motor (PMLSM) with both unmeasurable state variables and external disturbances. The tracking controller without speed measurement is given via backstepping control method. The stator resistance that varies with the environment is taken as the extended state of one subsystem, and the total disturbance of the mechanical subsystem is as another extended state of the other. The system is transformed into the form of interconnected subsystem. An adaptive interconnected state observer based on Kalman filter is designed to estimate the unmeasurable state and the external disturbance of the system. The controller is designed to realize the sensorless speed tracking control. The simulation results shows the effectiveness of the proposed control scheme.

Stabilization Control Strategy for Shore Power System with Surge Loads Based on Virtual Synchronous Generator

Wu Cao,Kangli Liu,Sheng Xu,Haotian Kang,Jianfeng Zhao 대한전기학회 2019 Journal of Electrical Engineering & Technology Vol.14 No.3

The frequent starting of large capacity lifting machines and other surge ship electrical loads will result in severe impacts on a shipboard power network, such as voltage and frequency fl uctuations. Therefore, a novel stabilization control strategy for shore power systems based on virtual synchronous generator is proposed in this paper, so as to improve the power quality and enhance the stability and reliability of shipboard power networks. In this strategy, a reactive power inertia component is embedded into the virtual synchronous generator aiming at shipboard surge reactive powers. On this basis, a voltage and frequency stability control method is presented to improve the static performances of shore power systems. In addition, a d-q decoupling control scheme in synchronous reference frame for the voltage and current double closed-loop control system is designed, and moreover, the infl uence of diff erent feedback voltages on the output characteristics of shore power supplies is studied. The theoretical analysis, simulation and experiment results show that, the proposed control strategy can eff ectively attenuate the frequency and voltage fl uctuations, eliminate the frequency and voltage steady-state errors, as well as realize the power distribution evenly for modular shore power supplies.

The safety and efficacy of EGF-based cream for the prevention of radiotherapy-induced skin injury: results from a multicenter observational study

Kang, Hyun-Cheol,Ahn, Seung-Do,Choi, Doo-Ho,Kang, Min Kyu,Chung, Woong-Ki,Wu, Hong-Gyun The Korean Society for Radiation Oncology 2014 Radiation Oncology Journal Vol.32 No.3

Purpose: This study was designed to evaluate the efficacy and safety of topically applied recombinant human epidermal growth factor (rhEGF) for the prevention of radiation-induced dermatitis in cancer patients. Materials and Methods: From December 2010 to April 2012, a total of 1,172 cancer patients who received radiotherapy (RT) of more than 50 Gy were prospectively enrolled and treated with EGF-based cream. An acute skin reaction classified according to the Radiation Therapy Oncology Group 6-point rating scale was the primary end point and we also assessed the occurrence of edema, dry skin, or pruritus. Results: The percentage of radiation dermatitis with maximum grade 0 and grade 1 was 19% and 58% at the time of 50 Gy, and it became 29% and 47% after completion of planned RT. This increment was observed only in breast cancer patients (from 18%/62% to 32%/49%). Adverse events related to the EGF-based cream developed in 49 patients (4%) with mild erythema the most common. Skin toxicity grade >2 was observed in 5% of the patients. Edema, dry skin, and pruritus grade ${\geq}3$ developed in 9%, 9%, and 1% of the patients, respectively. Conclusion: Prophylactic use of an EGF-based cream is effective in preventing radiation dermatitis with tolerable toxicity. Further studies comparing EGF cream with other topical agents may be necessary.

Trigraphene and its Derivates: A Novel Carbon Allotrope : Trigraphene and its Derivates

Kang, Baotao,Yuan,Wu, Si,Ai, Hongqi,Kang, Sunwoo,Lee, Jin Yong Wiley (John WileySons) 2018 Bulletin of the Korean Chemical Society Vol.39 No.11