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.

Synthesis and X-Ray Structure of 25-Acetoxy-26, 27, 28-trimethoxycalix[4]arene

Park, Young Ja No, Kwanghyun Song, Boo-Hee Rhim, Soo Kyung 숙명여자대학교 자연과학연구소 1994 자연과학논문집 Vol.- No.5

25-Acetoxy-26,27,28-trimethoxycalix[4]arene was synthesized by the treatment of calix[4]arene trimethyl ether with acetyl chloride in the presence of NaH. The solution conformation was inferred as a partial cone conformation based on the ¹H-and 13C NMR spectra. The crystal structure has been determined by X-ray diffraction method. The crystals are monoclinic, space group P2/n, a=8.186 (1), b=17.137 (2), c=19.878 (3) Å, β=95.67 (1)°, Z=4, V=2774.90 Å, Dc=1.22g cm-³, Dm=1.23g cm-³. The intensity data were collected on an Enraf-Noninus CAD-4 Diffractometer with a graphite monochromated Cu-Ka radiation. The structure was solved by direct method and refined by full-matrix least-squares methods to a final R value of 0.054 for 3675 observed reflections. The molecule possesses a partial cone conformation with one flattened pheyl unit, in which one anisol ring, distal to the ester ring, is inverted. The acetoxyphenyl ring is flattened.

A Closer Look at L2 Students’ Syntactic Complexity and Teacher’s Revision: A Comparative Case Study

( Kwanghyun Park ),( Eunkyung Hwang ) 글로벌영어교육학회(구 호남영어교육학회) 2020 Studies in English education Vol.25 No.1

Syntactic complexity is a key index to students’ development in second language writing. Although widely researched from students’ perspective, little is known about how teachers revise student’s writing in terms of the syntactic complexity. This study compares differences in the syntactic complexity between L2 students and a teacher. Thirty students’ argumentative essays were matched-up with a native-speaker teacher’s writing to compare syntactic complexity and the grammatical structures. Using a computerized tool, their writings were examined for complexity in five complexity dimensions and significant differences were found for 10 measures of complexity. A follow-up analysis further identifies three grammatical structures that may deserve the teacher’s attention. Results in this study demonstrate that a concrete understanding of L2 grammatical development can be gained if the teacher’s revisions, as well as students’ writing, are examined in syntactic complexity research.

A Comparative Analysis of Syntactic Complexity in Teacher Revisions to L2 Student Compositions: An Exploratory Study

Kwanghyun Park 한국응용언어학회 2019 응용 언어학 Vol.35 No.3

Syntactic complexity is a measure of variation and sophistication of grammatical structures in language production. Although it has been one of the key constructs in examining development of L2 writers, research has mainly focused on the learner and little is known as to how teachers influence learner’s syntactic complexity. The purpose of this study was to compare the syntactic complexity of student essays to the syntactic complexity of teacher’s revisions to those essays. After grading each student’s argumentative essays, the teacher was asked to revise the sentences to improve grammatical and rhetorical clarity. A software program was used to analyze data with 14 measures of syntactic complexity. This analysis showed significant differences, noticeably, in the extent of subordination. Students used more subordination, producing longer sentences that, at times, were difficult to comprehend. For students to improve their skills in written composition, findings suggest that students should be introduced to other methods to produce complexity in their writing such as noun phrases and nominalization. These structures characterize the key dimension for effective, focused instruction and the locus of further development of syntactic complexity.

Synthesis and X-ray Crystallographic Characterization of p-Diacetylcalix[4]arene

Park, Young Ja No, Kwanghyun Shin, Jung Mi 숙명여자대학교 자연과학연구소 1992 자연과학논문집 Vol.- No.3

A simple route is described for the selective functionalization of calixarene at the para positions of phenyl rings. Calix[4]arene tetraacetate 2, obtained from the treatment of calix[4]arene with acetic anhydride, undergoes Fries rearrangement to yield the diametrically para substituted p-diacetylcalix[4]arene 3 in 80% yield. The crystal and molecular structure has been determined by X-ray diffraction method. The crystals are orthorhombic, space group Pna2₁, with a=11.121(3), b=10.374(3), c=21.690(6) Å and Z=4. The structure was solved by direct method and refined by full-matrix least-squares methods to final R of 0.036 for 1795 observed reflections. Each hydroxyl hydrogen atom is disordered over two positions. The macrocycle exists in the cone conformation which is determined by the strong circular intramolecular flip-flop type hydrogen bonds of phenolic OH, while crystal packing effects of the diametrically para-acetyl substituents seem to be responsible for the distortion of the cone conformation.

Legal Countermeasures against HATE Speech

Kwanghyun Park J-INSTITUTE 2021 Regulations Vol.6 No.2

Purpose: The purpose of this study is to prepare a criminal law response system through criminal sanctions in order to prevent the seriousness of hate expressions and hate crimes that have recently been a social problem. this study aims to examine the problems of hate expression, examine the necessity of state intervention, that is, criminal punishment, and examine legislation related to regulation in detail. Method: First of all, this study tries to define the meaning of hate expression. This is because there is no unified definition of hate expression. Second, I would like to examine the response to hate expressions in Britain, Ger-many, the United States, and Japan through comparative legal considerations. Third, it examines whether free-dom of expression can be restricted under the constitution in relation to freedom of expression, which is a fun-damental right under the constitution. Fourth, the nature of hate expression and the necessity of criminal pun-ishment are reviewed in relation to the criminal punishment regulations for hate expression. To do this, it reviews the decision of the Constitutional Court. Finally, I would like to make a prudent proposal for the anti-discrimina-tion law that regulates hate speech. Previous studies on hate expression mainly focus on the definition of hate expression, foreign legislative ex-amples of hate expression, and research on the harmfulness of hate expression. Results: Expression of hate is “public remarks that express disgust or incite violence toward individuals or groups based on race, religion, gender, region, or gender identity”. Or, it can be defined as expressing hostility as communication that can cause violence against a certain group, and dismantling the community by stigma-tizing and persecuting social minorities. Since hate expression is an act of killing the soul, state intervention is justified. Hate speech must be regulated through criminal punishment, cannot be protected indefinitely by free-dom of expression, and must be reviewed comprehensively with democratic values. Conclusion: Hatred is not simply an emotion of dislike. Hatred has no expiration date if it spreads through ideology and collectively created, educated, and learned. Cruel hatred has also led politicians and powerful peo-ple to scapegoat irresistible people by using the anger directed at them. Hate expression infringes on the dignity of each individual member of the target group. In particular, if the expression of hatred against a specific group or social minority who has been discriminated against for a long period of time violates human dignity and values.

Crime Prevention by Strengthening REGULATIONS on Drunk Driving

Kwanghyun Park J-INSTITUTE 2021 Regulations Vol.6 No.4

Purpose: The purpose of this study is to discuss the countermeasures against drunk driving regulations in terms of crime prevention because drunk driving is not a simple traffic crime but a potential murder. One methodology would be to raise the punishment for drunk driving and to improve the public s awareness and conduct regular traffic accident prevention education so that fundamental problems can be solved and have high efficiency and normative power. In Korea, the ‘Act on the Aggravated Punishment of Specific Crimes, etc.’ and ‘Road Traffic Act’ were amended in Korea following the case of Yoon Chang-ho , who died in a drunk driving accident in 2018. Drunk driving is a very dangerous behavior, as it can endanger your life as well as the lives of others. Even if an accident does not occur, such an act is a violation of the Road Traffic Act and therefore carries criminal responsibility. In terms of general crime prevention, the penalties for drunk driving are becoming stricter than in the past. In the improved system, even if the blood alcohol level is 0.03% or more and less than 0.08, imprisonment for not more than one year or a fine of not more than 5 million won is imposed. In the case of two or more violations of the strengthened regulations, imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won. What used to be a three-out was changed to a two-out for drunk driving. However on November 25, 2021, the Constitutional Court ruled that the provisions of the Road Traffic Act, which required uniform and aggravated punishments for drunk driving more than twice, were against the Constitution(Constitutional Court 2021.11.25, 2019Hunba 446, etc.). In addition, if you injure a person while driving, you will be punished by imprisonment for not less than 1 year and not more than 15 years in prison, or a fine of not less than 10 million won to not more than 30 million won(Before the amendment, in case of death while driving under the influence of alcohol, he was sentenced to fixed-term imprisonment of more than one year). Drunk driving accidents can lead to criminal punishment, administrative sanctions, and even civil lawsuits. Keep in mind that drunk driving can be a potential killer on the road. Even if you didn t harm anyone, just drinking and driving can be a big hit in society. Method: Injuries and deaths due to drunk driving are on the rise. As a countermeasure against this, the standards and level of punishment for drunk driving are being strengthened. First, let s look at the legal punishment for drunk driving through the laws related to drunk driving. Second, we examine the severity of the damage caused by drunk driving through statistics such as drunk driving accidents, injuries, and deaths in current Korean society. Third, as a comparative legal review, by examining foreign laws on drunk driving accidents, matters to be referred to in Korean laws and regulations are reviewed. Fourth, I would like to make a legislative proposal by reviewing the problems and improvement plans of the drunk driving legal system. Previous studies on drunk driving have mainly focused on strengthening the punishment for drunk driving. This study intends to review the general crime prevention aspect by not only strengthening punishment but also changing the public s perception through education. Results: Drunk driving affects not only drunk drivers, but also others and society. It is necessary to keep in mind that drunk driving is a potential homicide, and the prohibition of drunk driving should be strengthened. In addition, if the general prevention effect can be successfully established and nudged against the offenses of drunk drivers, social costs can be reduced.

High-dose lipopolysaccharide induced autophagic cell death in bovine mammary alveolar cells

Park, Jin-Ki,Yeo, Joon Mo,Cho, Kwanghyun,Park, Hyun-Jung,Lee, Won-Young The Korean Society of Animal Reproduction and Biot 2022 한국동물생명공학회지 Vol.37 No.3

Bovine mammary epithelial (MAC-T) cells are commonly used to study mammary gland development and mastitis. Lipopolysaccharide is a major bacterial cell membrane component that can induce inflammation. Autophagy is an important regulatory mechanism participating in the elimination of invading pathogens. In this study, we evaluated the mechanism underlying bacterial mastitis and mammary cell death following lipopolysaccharide treatment. After 24 h of 50 ㎍/mL lipopolysaccharide treatment, a significant decrease in the proliferation rate of MAC-T cells was observed. However, no changes were observed upon treatment of MAC-T cells with 10 ㎍/mL of lipopolysaccharide for up to 48 h. Thus, upon lipopolysaccharide treatment, MAC-T cells exhibit dose-dependent effects of growth inhibition at 10 ㎍/mL and death at 50 ㎍/mL. Treatment of MAC-T cells with 50 ㎍/mL lipopolysaccharide also induced the expression of autophagy-related genes ATG3, ATG5, ATG10, ATG12, MAP1LC3B, GABARAP-L2, and BECN1. The autophagy-related LC3A/B protein was also expressed in a dose-dependent manner upon lipopolysaccharide treatment. Based on these results, we suggest that a high dose of bacterial infection induces mammary epithelial cell death related to autophagy signals.

Critical Review about Parricide Crimes of Korean Criminal Law

Kwanghyun Park J-INSTITUTE 2023 International Journal of Terrorism & National Secu Vol.8 No.-

Purpose: In recent years, the number of infanticide cases has been steady at around 30 per year and the number of toddler murders at around 10 per year, which are generally punishable as ordinary murder. Also Crimes against immediate family members are subject to aggravated penalties. A person(descendant) who kills a member of his or her own or his or her spouse's immediate family is guilty of subsistence murder, which is punishable by death, life imprisonment, or imprisonment for seven years or more. This is a more severe offense than ordinary murder, which is punishable by death, life imprisonment, or imprisonment for five years or more. Most survival-related violent crimes, such as injury, assault, abandonment, abuse, arrest, confinement, and intimidation, have aggravated penalties. However, under the current law, there is no provision for aggravated punishment for violent crimes against direct survivors. There is an aggravated punishment for the murder of a direct survivor by a direct descendant, but there is no aggravated punishment for the murder of a direct descendant by a direct descendant. The Korean Constitution stipulates that “no one shall be discriminated against on the basis of social status”, which may violate the Equal Rights Clause of Article 11 of the Constitution. In other words, it is unconstitutional because it may constitute “discrimination based on birth”. Therefore, we would like to critically examine whether the Korean criminal law should continue to provide for the offense of feticide. Method: The aggravated punishment of capital murder is one of the most controversial issues in society. In this critical review of the aggravated murder penalty, we will first look at the Constitutional Court's decision on the aggravated murder penalty. Second, we will look at the arguments in favor of and against the aggravated penalty of capital murder. Third, we will examine the current state of affairs through a comparative legal review of foreign jurisprudence on the aggravated punishment of capital murder. Fourth, the legal, moral, and religious perspectives on the aggravated punishment of capital murder will be discussed. Fifth, based on the above discussion, we will provide a direction on whether to abolish the aggravated penalty of capital murder. Results: It is recommended that the aggravated punishment for survival murder be abolished as it violates the right to equality under the Korean Constitution. Even if it is abolished, the purpose of the punishment can still be realized through judicial modification. Conclusion: In light of the meaning and legislative purpose of the provision that aggravates the crime of intentional homicide, it cannot be said that the legislative act of selecting a comparative standard, i.e., that intentional homicide is more severely punished than ordinary homicide in the Korean Penal Code, is unconstitutional. However, while the criminal laws have the same criminal offense of killing a person, there is a difference in the 'presence or absence of paternity'. The abolition of capital murder is consistent with the principle of proportionality. It would be contrary to the principle of proportionality to impose severe restrictions based on prosecutorial convenience. For these reasons, it would be a violation of the constitutional principle of equality, and even if it is not unconstitutional, it is difficult to see that it reflects constitutional values such as the principle of equality.

Legislative Direction and Regulation according to the Decision to be Nonconforming to the Constitution of the Crimes of Abortion

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.