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Analysis of the Trend of Precedents on Residential Trespassing Regulations
Kwanghyun Park(Kwanghyun Park) J-INSTITUTE 2022 Regulations Vol.7 No.2
Purpose: The Supreme Court changed its existing position on the provisions of the housing trespassing offense for 2021 and 2022 through a consensus decision. In 2021, if a part of the co-resident enters the co-living house according to the normal access method with the realistic consent of the current resident in the absence, the establishment of the crime of trespassing is denied even if it is against the presumed will of the other resident who is absent. . In 2022, if you enter a restaurant where the public is freely allowed to enter without a restraint from the business owner, even if it seems that the business owner would not have consented to the entrance if he had known the actual purpose of entry, the purpose of this is not to constitute a crime of trespassing. . Ac-cording to the precedent, the legal benefit of protection for the crime of trespassing is ‘the de facto tranquility of the dwelling’. The purpose of this study is to examine the interpretation and judgment standards regarding the legal interests of protection against trespassing, and to consider trespassing, which is the act of trespassing. Method: Article 16 of the Constitution of the Republic of Korea states, “All citizens shall not be infringed upon their freedom of residence. When a residence is seized or searched, a warrant issued by a judge at the request of the prosecutor must be presented.” The crime of trespassing is a component that guarantees the tranquility of an individual's residence so that the freedom of residence stipulated by the Constitution is not violated. For this purpose, in order to form smooth relationships with various beings in society as a social being, human beings must be guaranteed that their private space is protected and that they can live peacefully without external in-trusion. To this end, first, I would like to review the contents of the Supreme Court precedent on the crime of trespassing. Second, the current status of punishment for trespassing is reviewed through a comparative review of foreign laws on trespassing. Third, we examine the legal benefits of protection against trespassing. Fourth, the criteria for judging the crime of trespassing are reviewed. Lastly, based on the discussion so far, I would like to suggest the direction of the legislation on the punishment for trespassing. Results: The starting point of the discussion of the crime of trespassing lies in the interpretation of the interests of protection. The representative theories are the claim of ‘housing rights’ and ‘the theory of de facto serenity’, but precedents adopt the doctrine of the theory of de facto serenity. As for the degree of protection for the crime of trespassing, the crime of danger and the crime of infringement are opposed to each other. The interpretation of these precedents shows a lot of changes in the protection and interest of the crime of trespassing, the meaning of the infringement, the timing of the commencement of execution, and the timing of implementation. Conclusion: The reason for the existence of the crime of trespass is an indispensable prerequisite for the pur-suit of happiness and the enjoyment of human dignity and value through the tranquility of private life. However, there are many cases where the crime of trespassing is applied and abused for other purposes rather than con-tributing to the protection of personal privacy, which is the original purpose, and a logical solution should be sought for its interpretation. Therefore, it is necessary to explore the legislative direction by analyzing the deci-sion of the Supreme Court of the Supreme Court on the crime of trespassing.
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Kwanghyun Lee 한국교육행정학회 2005 敎育行政學硏究 Vol.23 No.2
이 논문은 관료적 책무성 정책이 교사에게 미치는 심리적 영향에 대하여 검토하는 것을 목적으로 하고 있다. 심리학의 자기 결정 이론(self-determination theory)에 따르면 수행과 연결된 보상이나 제재의 위협과 같은 통제 기제들은 행위자의 활동이유의 인식근거를 내부에서 외부로 변환시킴으로 인해서 행위자의 내적 동기를 삭감시킨다. 자기 결정 이론은 따라서 강한 책무성 정책이 교사들의 교수에 대한 내적 동기를 삭감시킬 것을 예측한다. 이러한 연구가정에 근거하여 미국 연방교육통계센터에서 시행한 2000년도 학교와 교원 조사 데이터를 순위 로짓과 순위 프로빗 모델을 통해 분석한 결과, 책무성 정책 하에서 일하는 교사들의 경우 다시 대학에서부터 인생을 시작한다면 교사라는 직업을 선택하지 않을 것이라고 대답할 확률이 높은 것으로 드러났다. 한편 최선을 다해서 학생들을 가르치는 것이 시간낭비라는 응답을 할 확률이 역시 높은 것으로 나타났다. 이러한 내적 동기의 대리변수를 종속변수로 연구한 결과, 자발적이 아닌 하향식으로 재정적 보상과 연관되어 있는 관료적 책무성 제도가 교사의 교수에 대한 내적 동기를 삭감시킴으로 인해 교육현장에 오히려 부정적인 영향을 미칠 수도 있음을 보여주고 있다. 따라서 관료적 책무성제도보다는 교사의 내적 동기를 향상시키기 위한 여타 교원정책이 필요함을 보여주고 있다. This article examines the psychological effect of accountability policy on teachers. Self-determination theory (SDT) in psychology states that controlling mechanism such as performance-contingent rewards and threat of sanction will turn agents' perceived locus of causality from inwardly to externally directed, thus undermining agents' intrinsic motivation. SDT implies that teachers under the pressure of bureaucratic accountability policy will be more likely to lose their intrinsic motivation for teaching. Analysis of the 2000 NCES Schools and Staffing Survey database using ordered probit and logit models confirms that teachers under strong accountability policy are more likely to mention that they would not become a teacher again if they were to start over, controlling for other variables. They also respond that it is a waste of time to try to do one's best as a teacher, which shows that teachers working under strong accountability policy are likely to lose intrinsic motivation.
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Kwanghyun Lee,Heon Yang,Joo Yeon Kim,Wungrak Choi,Gong Je Seong,Chan Yun Kim,Jun Mo Lee,Hyoung Won Bae 고려인삼학회 2021 Journal of Ginseng Research Vol.45 No.6
Background: Red ginseng has been found to improve ocular perfusion and dry eye syndrome in glaucomatouseyes; however, its effects on visual function and vision-related quality of life have not beeninvestigated. This study sought to evaluate the effects of red ginseng on visual function and visionrelatedquality of life in glaucoma patients using contrast sensitivity and a questionnaire. Methods: Participants were randomly assigned to two groups in this prospective, randomized, doubleblindstudy: in one group, red ginseng was taken first, followed by a placebo, and in the other, placebowas taken first, followed by red ginseng. We measured and compared changes in contrast sensitivityand vision-related quality of life between the two groups. Contrast sensitivity was measured usingOPTEC® 6500P, and vision-related quality of life was evaluated using the 25-item National Eye InstituteVisual Function Questionnaire. One-way and two-way repeated measure analyses of variance were usedfor the comparison. Relationships between respective changes in dry eye syndrome and contrastsensitivity were also analyzed. Results: Daytime contrast sensitivity and ocular pain improved after the administration of red ginseng. Nighttime contrast sensitivity was improved in early or moderate glaucoma. Improved contrast sensitivitywas not associated with improvement in dry eye syndrome. Conclusion: Red ginseng could improve contrast sensitivity and ocular pain in patients with glaucoma. The mechanism underlying improvement in contrast sensitivity appears to be associated with enhancedretinal perfusion or retinal ganglion cell function, but not dry eye syndrome.
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3D Perception Based Quality Pooling: Stereopsis, Binocular Rivalry, and Binocular Suppression
Kwanghyun Lee,Sanghoon Lee IEEE 2015 IEEE journal of selected topics in signal processi Vol.9 No.3
<P>One of the most challenging ongoing issues in the field of 3D visual research is how to interpret human 3D perception over virtual 3D space between the human eye and a 3D display. When a human being perceives a 3D structure, the brain classifies the scene into the binocular or monocular vision region depending on the availability of binocular depth perception in the unit of a certain region (coarse 3D perception). The details of the scene are then perceived by applying visual sensitivity to the classified 3D structure (fine 3D perception) with reference to the fixation. Furthermore, we include the coarse and fine 3D perception in the quality assessment, and propose a human 3D Perception-based Stereo image quality pooling (3DPS) model. In 3DPS we divide the stereo image into segment units, and classify each segment as either the binocular or monocular vision region. We assess the stereo image according to the classification by applying different visual weights to the pooling method to achieve more accurate quality assessment. In particular, it is demonstrated that 3DPS performs remarkably for quality assessment of stereo images distorted by coding and transmission errors.</P>
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Kwanghyun Park J-INSTITUTE 2022 Regulations Vol.7 No.1
Purpose: On April 11, 2019 (2017Hun-Ba127 decision), the Constitutional Court ruled that the “self-abortion” and “Abortion by Doctor” in the Criminal Act were nonconforming to the Constitution because they limit women’s right to self-determination. Abortion is one of the provisions of Article 10 of the Constitution, the right to self-determination derived from the dignity and value of human beings. On the other hand, the state also has an obligation to protect the life of the fetus. The purpose of this study is to examine foreign legislative cases related to abortion in order to harmoniously resolve the basic rights of the pregnant woman and the fetus in order to meet the request of the Constitutional Court, and to suggest a legislative direction to remove the unconstitutionality of the criminal abortion crime. In addition, we would like to examine the Maternal and Child Health Act for coherence of the legal system. Method: Whether or not to punish abortion is one of the issues that have been controversial in society so far. If the punishment for the crime of abortion is completely banned, the right to life of the fetus may be neglected. To this end, first, I would like to review the contents of the Constitutional Court s decision on the punishment for the crime of abortion. Second, the current state of punishment for abortion is reviewed by reviewing foreign comparative laws on the crime of abortion. Third, the legal, medical, moral, and religious perspectives on punishment for abortion are reviewed. Fourth, based on the discussion so far, I would like to suggest the direction of legislation for the punishment of abortion crimes. Results: The punishment for abortion should not be viewed as a choice between a woman s right to self-determination and the fetus s right to life. Revision of the law should be made in the direction of recognizing and protecting the two legal interests. Article 15 of the current Enforcement Decree of the Maternal and Child Health Act stipulates that abortion is permitted within 24 weeks. However, it is reasonable to refer to the government s legislation and decide whether to allow it based on the 22 weeks of pregnancy, which is the period when the fetus can survive independently, or based on the 3·3·3 principle or reasons for adaptation. In addition, economic and social factors and the period of deliberation should be considered. Conclusion: Punishment for abortion is structured in a way that women s right to self-determination and the basic right of the fetus to life are in conflict. In order to resolve these conflicts harmoniously and constitutionally, political, economic, social and cultural integration must be achieved by stipulating in detail the permissible scope of abortion, when it is permitted, the procedure and method of permissible abortion.
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