• Title/Summary/Keyword: procedural law

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Mediating Effect of Cooperation with the Police on Compliance with the Law in Model of Procedural Justice and Police Legitimacy

  • Seo, Bojun;Lee, Soochang
    • International Journal of Advanced Culture Technology
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    • v.6 no.1
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    • pp.15-22
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    • 2018
  • The main purpose of the research is to examine the mediating effect of cooperation with the police on compliance with the law in the causal relationship between procedural justice and police legitimacy and criminal deterrence. This research employs a survey questionnaire to evaluate procedural justice, police legitimacy, cooperation with the police, and compliance with the law. The number of subject of the study is 312 citizens residing in Daegu metropolitan city and some cities of Gyeongsangbuk-do province. The study employs Structural Equation Model by using AMOS 24 to analyze the mediating effect of cooperation with the police on compliance with the law. As the result of analysis, the mediating effect of cooperation with the police on compliance with the law is statistically significant at the level 0.01. The key findings of this study is that in the community-based policing, cooperation with the police and compliance with the law are very important determinants in controlling and deterring crimes and the police need to reinforce a cooperative relationship with residents to reduce crimes through strengthening the willingness of compliance with the law.

A Study on Reform Scheme of Software Industrial Promotion Law (소프트웨어산업진흥법의 개선방향에 관한 연구)

  • Choi, Chang-Ryeol
    • Journal of Information Technology Services
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    • v.5 no.1
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    • pp.61-81
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    • 2006
  • It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

A Study on Texturing of Procedural Generation of based on Physically Based Materials (물리 기반 메터리얼을 기반으로 하는 절차적 생성 방식의 텍스쳐링에 관한 연구)

  • Younghun Lee
    • Journal of Information Technology Applications and Management
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    • v.30 no.6
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    • pp.143-155
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    • 2023
  • Procedural generation methods based on physical-based materials generate data by algorithms rather than manual through combinations with artist-generated assets based on computer-generated randomness algorithms. For this reason, the procedural generation method is mainly used to produce textures of 3D models in the field of computer graphics because it is easy to obtain the desired quality with little data. This study is a study on physical-based materials and procedural generation methods based on them. Physical-based materials are divided into Metallic/Roughness workflows and Specific/Glossiness workflows. These two methods produce the same results, which are more accurate based on the law of conservation of energy. The procedural generation method allows a natural texture to be obtained very quickly by texturing through a combination of a computer-generated random algorithm and an artist-generated asset based on various maps.

A Study on the Problems of Procedural Law Against Cyber Crimes in Korea - On the Trend of Procedural Law Against Cyber Crimes of U.S - (우리 사이버범죄 대응 절차의 문제점에 관한 연구 - 미국의 사이버범죄대응절차법을 중심으로 -)

  • Lim Byoung-Rak;Oh Tae-Kon
    • Journal of the Korea Society of Computer and Information
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    • v.11 no.4 s.42
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    • pp.231-241
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    • 2006
  • When current cyber attacks to information and communication facilities are examined, technologies such as chase evasion technology and defense deviation technology have been rapidly advanced and many weak systems worldwide are often used as passages. And when newly-developed cyber attack instruments are examined, technologies for prefect crimes such as weakness attack, chase evasion and evidence destruction have been developed and distributed in packages. Therefore, there is a limit to simple prevention technology and according to cases, special procedures such as real-time chase are required to overcome cyber crimes. Further, cyber crimes beyond national boundaries require to be treated in international cooperation and relevant procedural arrangements through which the world can fight against them together. However, in current laws, there are only regulations such as substantial laws including simple regulations on Punishment against violation. In procedure, they are treated based on the same procedure as that of general criminal cases which are offline crimes. In respect to international cooperation system, international criminal private law cooperation is applied based on general criminals, which brings many problems. Therefore, this study speculates the procedural law on cyber crimes and presents actual problems of our country and its countermeasures.

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The Theoretical Factors of North Korean Refugees' Willingness to Report Crime: Based on the Legal Cynicism, the Procedural Justice, and the Behavior of Law Theory (북한이탈주민의 범죄신고 의지에 영향을 미치는 요인에 대한 연구 - 법적 냉소주의 모형, 절차적 정당성 모형 및 법행동 모형을 중심으로 -)

  • Hong, Seongju;Kim, Juhee;Hwang, EuiGab
    • Korean Security Journal
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    • no.59
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    • pp.161-188
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    • 2019
  • Not much is known about the factors of North Korean refugees willingness to report crime. Based on the survey of 800 North Korean refugees living in the metropolitan area of South Korea, this study examined the theoretical factors influencing North Korean refugees' willingness of reporting crime. Focusing on the legal cynicism, procedural justice, and the behavior of law theory, this research verified that procedural justice model is most important in explaining their willingness to report crime. Variables under procedural justice model(i.e., perceived fairness of the law, confidence in the law, and perceived necessity of the law) were significant in an expected direction. On the other hand, most of the hypotheses based on social conditions derived from the five types of stratification, morphology, culture, organization, and social control presented by Donald Black (1974) showed no significant effects on the intent to report crime among North Korean refugees. Implications for research and policies were discussed based on the findings.

The definition and the nature of voluntary agreement for the arbitration which third party confirms factual bases of relationship of rights and duties, determines and supplements or modifies contents of the contract (중재감정계약의 의의 및 법적 성질)

  • 강수미
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.55-88
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    • 2002
  • Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

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Russian and Foreign Experience in Implementing Departmental Control and Prosecutor's Supervision when Verifying Crime Reports

  • Ivanov, Dmitriy Aleksandrovich;Moskovtseva, Kristina Andreevna;Bui, Thien Thuong;Sheveleva, Kseniya Vladimirovna;Vetskaya, Svetlana Anatolyevna
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.299-303
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    • 2022
  • The article examines the stage of verification of a crime report from the standpoint of the need for its legislative regulation. Moreover, it investigates the international experience in this field. The existing procedural models are described in detail on the example of the neighboring and faraway countries. An analysis of the provisions of the current criminal procedure law of Russia and foreign experience allowed the authors to identify existing problems in the implementation of departmental control and prosecutorial supervision at the stage of verifying a crime report. The aim of the study is to develop theoretical provisions and recommendations regarding the implementation of departmental procedural control and prosecutorial supervision over the activities of the investigator during the verification of reports of crimes, based on the study of experience, both in Russia and in a number of countries of the near and far abroad, which could find their reflection in law enforcement practice, as well as aimed at improving the current criminal procedure legislation. The authors substantiated the theory that a detailed examination of the foreign procedural foundations of checking a crime report will allow us to form the most suitable model for checking a crime report for our state, taking into account all possible features and successfully implement it into the current criminal procedural law of the Russian Federation.

Discussion and Evaluation in UNCITRAL Regarding Procedural Rules for Disputes in International e-Commerce - Focused on the Discussion in the 26th Session of Working Group III - (국제전자상거래 분쟁해결을 위한 절차 규칙에 관한 UNCITRAL의 논의와 그 평가 - 제26차 실무작업반의 논의를 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.133-152
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    • 2013
  • Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

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The Validity of Consumer Arbitration Agreement - Focusing on U.S. Cases - (소비자 중재합의의 유효성 - 미국판례를 중심으로 -)

  • PARK, Eunok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.43-67
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    • 2018
  • Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

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A study on Uniform Electronic Transactions Act (미국 통일전자거래법(UETA)에 관한 고찰)

  • Han, Byoung-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.16
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    • pp.331-359
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    • 2001
  • Uniform Electronic Transactions Act (1999) Drafted by the National Conference of Commissioners on Uniform State Laws. The Act allows the use of electronic records and electronic signatures in any transaction, except transactions subject to the Uniform Commercial Code. The fundamental purpose of this act is to remove perceived barriers to electronic commerce. The Act's a procedural statute. It does not mandate either electronic signatures or records, but provides a means to effectuate transactions when they are used. The primary objective is to establish the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures. With regard to the general scope of the Act, the Act's coverage is inherently limited by the definition of "transaction." The Act does not apply to all writings and signatures, but only to electronic records and signatures relating to a transaction, defined as those interactions between people relating to business, commercial and governmental affairs. The exclusion of specific Articles of the Uniform Commercial Code reflects the recognition that, particularly in the case of Articles 5, 8 and revised Article 9, electronic transactions were addressed in the specific contexts of those revision processes. In the context of Articles 2 and 2A the UETA provides the vehicle for assuring that such transactions may be accomplished and effected via an electronic medium. At such time as Articles 2 and 2A are revised the extent of coverage in those Articles(Acts) may make application of this Act as a gap-filling law desirable. Similar considerations apply to the recently promulgated Uniform Computer Information Transactions Act (UCITA). Another fundamental premise of the Act is that it be minimalist and procedural. The general efficacy of existing law, in an electronic context, so long as biases and barriers to the medium are removed, confirms this approach. The Act defers to existing substantive law. Specific areas of deference to other law in this Act include: i) the meaning and effect of "sign" under existing law, ii) the method and manner of displaying, transmitting and formatting information in section 8, iii) rules of attribution in section 9, and iv) the law of mistake in section 10.

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