• Title/Summary/Keyword: testimony

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A Study on Expert Testimony in Product Liability Litigations (제조물책임소송에서의 전문가 증언에 관한 연구)

  • Kim, Sa-Kil;Byun, Seong-Nam
    • IE interfaces
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    • v.15 no.2
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    • pp.126-132
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    • 2002
  • The objective of this study is to provide guidelines for expert witness in product liability lawsuits. The expert testimony is one of the powerful methods to mitigate the burden of the proof in product liability litigations. However, it has been seldomly accepted as a reliable evidence by trial judges because the expert's testimony has sometimes turned out to be illogical and unreliable. In order for the expert testimony to be admittable in the court, the expert should have a thorough understanding of his/her role as an expert witness and follow scientific methodology whose soundness has been generally accepted by both industries and academy.

A Descriptive Study on the Function of Emotion in the Context of Eyewitness Testimony (목격자 증언 맥락에서 정서의 기능에 관한 서술적 고찰)

  • Lee, Seungjin
    • Journal of the Korea Convergence Society
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    • v.13 no.5
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    • pp.267-278
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    • 2022
  • This paper was intended to examine the function of emotion that affects the accuracy of statements in the context of eyewitness testimony. The main emotion theories and concepts introduced in previous studies examining the relation between testimony accuracy and negative emotions were examined based on the characteristics of the research method. The results were presented in the order of emotion definition, emotion inducing method, and emotion measurement method. Specifically, the definition of emotion was described based on studies on negative emotions, arousal, stress, and mood. The emotion inducing method was mainly described based on images, virtual reality, and staged events designed by researchers, which have been mainly used in laboratories. Emotion measurement methods were described with respect to the self-report, behavioral checklist, and psychophysiology. In addition, the emotional approach for objective and scientific repeated verification, the importance of effective experimental design and appropriate scientific memory test, and the need for individual difference control were discussed. This paper reinterprets the contradictions shown by previous research by systematically structuring the function of emotion that affects the accuracy of testimony. It was meaningful to provide a frame for comparative analysis of related studies. Ultimately, it is expected that such knowledge will be used as basic documents for judging the reliability of eyewitness testimony in a legal context.

Korean Quality Assessment Criteria for Statement Analysis Reports and Testimony (한국 진술분석 보고서 및 증언에 대한 질적 평가 기준)

  • Song, Seungju;Kim, Minchi
    • Korean Journal of Forensic Psychology
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    • v.12 no.2
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    • pp.223-251
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    • 2021
  • Statement analysis is a technique that examines the credibility of a statement by scientifically analyzing problems and psychological characteristics that appear in the content of the statement. The statement analysis report is prepared, submitted, and used for legal judgments when there is a suspicion of sexual abuse for children(under 13 years of age) and persons with disabilities since it is usually difficult to secure physical evidence nor eyewitnesses. However, the criteria for evaluating the quality of a statement analysis report or testimony are not available in Korea. Although forensic experts and professional organizations in North America and Europe are providing recommendations and guidelines for preparing forensic assessment reports, qualitative analysis research studies for forensic reports revealed a number of problems such as missing or poorly described essential information and lack of logical connection between evaluation results and forensic opinions. Therefore, forensic evaluation guidelines and forensic reports submitted to the courts in the United States, as well as the Structured Quality assessment of eXpert testimony (SQX-12) developed in Sweden were examined to suggest the Korean version of quality evaluation criteria for statement analysis report and testimony. This criteria can be used to improve effectiveness of forensic reports within criminal justice system and used as a guideline to assess the quality forensic reports or expert testimony prepared by experts. However, this criteria do not guarantee the reliability of the statement itself.

Individual experience reports and statements on general rules in medical classics (의학 고전의 개별 경험 진술과 일반 원칙 서술)

  • Kiwang, Kim
    • Journal of Korean Medical classics
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    • v.30 no.2
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    • pp.1-10
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    • 2017
  • Objectives : In studying East Asia's medical classics, what must first be done before evaluating the validities of clinical grounds is the discernment of the techniques that are based on universal principles from the statements that arise from individual experience. The purpose of this paper is to discover a method of discerning the statements of individual experiences and the descriptions of universal principles. Ingredients and Methods : The paper investigates how each individual clinical experience was introduced in ancient medical classics such as Huangdineijing, Nanjing, Shanghanlun, Jinkuiyaolue, and Maijing, in the books that belong to Yian such as Canggongliechuan, Linzhengzhinanyian, Gujinyianan, and Xumingyileian, and in Korean ancient medical texts such as Eonhae-gugeubbang and Gugeubganibang-eonhae. Results : Books of precriptions and scriptures of medicine were found to include individual experiences. Furthermore, this paper's effort has revealed that the evaluation of the quality of a testimony in an ancient book must be preceded by discerning whether the said testimony is a mere personal testimony or a testimony based on the universal law of causality. Conclusions : Before conducting a clinical research of a precription contained in an East Asian medical classic, the text should first be evaluated to determine whether the prescription in question derives from clinical tests or not.

The Signification of Sisterhood and Testimony in Japanese Military 'Comfort Women' Films (일본군 '위안부' 영화의 자매애와 증언전수 가능성)

  • Kwon, Eunsun
    • The Journal of the Korea Contents Association
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    • v.17 no.8
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    • pp.414-421
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    • 2017
  • After the Korea-Japan comfort women's agreement, two films and were released with the audience's attention. Both films deal with the friendship of 'comfort women' girls. Unlike the existing 'comfort women' narratives, these two films are building a women's space based on a kind of sisterhood. The emergence of a new generation extends the story of personal friendship to the community level of sisterhood. In particular, suggests the possibility of a testimony that the 'comfort women' grandmother passes testimony to a new generation of women. In the cinematic present, it shows the possibility of feminist thinking of the 'comfort women' narrative. However, the representation of the colonial period does not deviate much from the existing patriarchal nationalistic viewpoint. It is typical that the 'comfort women' characters are still set with a pure and innocent girls of Chosun era.

Phenomenological Study on the Victim's Life after May 18 1980 and the Experience of Testimony Therapy (5·18민주화운동 참여자의 80년 5월 이후 삶과 증언치료 경험에 관한 현상학적 연구)

  • Moonsun Kim ;Moonminseo Kang
    • Korean Journal of Culture and Social Issue
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    • v.23 no.4
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    • pp.451-473
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    • 2017
  • This study explores the aftermath of state violence and the meaning of its healing by analyzing testimony therapy designed to deal with trauma of the victims of May 18 democratization movement("May 18"). In order to have a point of view that May 18 had catastrophic impacts on many individuals and communities and to observe the after-effects of such event to individuals' lives, this study analyzed the contents of testimony therapy sessions of four people who were tortured, arrested and detained after their participating in May 18 in 1980. The experiences of those participants with their testimony therapy and the interactions they had with the audience during the sessions made sure what are the key factors to healing the trauma from state violence. Nineteen topics were drawn from analyzing the statements made in the therapy process, and out of them, seven subjects below were chosen as the most significant; 'repetitive pain', 'social and economic damage', 'isolation and disconnection', 'transition of suffering to other generations', and 'Safety', 'healing through connections', 'obligation as a survivor'. Based on its findings, this study also examined the characteristics of trauma caused by state violence and made suggestions for healing such trauma.

A Study on the Treatment of Jesus′s Resurrection in Korean Novels (예수 부활 문제에 대한 소설적 접근의 몇 가지 유형 "가룟 유다에 대한 증언"과 "사람의 아들"을 중심으로)

  • 이동하
    • Lingua Humanitatis
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    • v.2 no.1
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    • pp.153-174
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    • 2002
  • Dong-Ri Kim's Shaphan's Cross, Do-Gi Paek's A Testimony about Judas Iscariot and Mun-Yeol Yi's Re Son of Man have a common point. In the three novels, Jesus Christ plays an important role. Shaphan's Cross researches the theme of Jesus's resurrection directly and minutely. Dong-Ri Kim shows the attitude of a sincere Philosopher in this work. A Testimony about Judas Iscariot avoids such a theme in treating Jesus Christ, but Do-Gi Paek is concerned only about the moral problem, showing the attitude of a sincere philosopher. Re Son of Man researches the theme of Jesus's resurrection directly and minutely like Shaphan's Cross, but Mun-Yeol Yi does not show the attitude of a sincere philosopher. He, instead, shows the property of a dilettante who enjoys an intellectual game. In short, these three novels play important roles in enlarging the territory of Korean literature.

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A Study on retaliatory crime (보복범죄에 관한 연구)

  • Kang, Maeng-Jin
    • Proceedings of the Korea Contents Association Conference
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    • 2014.11a
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    • pp.237-238
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    • 2014
  • We can define as retaliatory crime avenge crime for crime statement, testimony, state of victimized, witness etc. of crimers related. In case of Republic of Korea, damages of retaliatory crimes are every year increasing and increasing ratio is high, Nevertheless, opposition for retaliatory is incomplete realities. This study is going to search for the opposition method with scrutinize of regulation for retaliary crimes.

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The credibility of child testimony (유아증언의 신뢰성 연구)

  • Kim, Jae Yeon;Lee, Jae Yeon
    • Korean Journal of Child Studies
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    • v.21 no.3
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    • pp.53-68
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    • 2000
  • This study investigated differences between the ability of children and young adults to describe their experience. Forty 5-year-olds and 40 16-year-olds viewed 12 pictures(Azmitia, 1987) and responded to open-ended, closed and misleading questions. Responses were categorized by the SPSS WIN program into rate of correctness, incorrectness, unresponsiveness and "don't know". Data were analyzed by t-test. On open-ended questions, the rate of incorrectness by young adults was higher than that of children. On closed questions, children had a higher rate of incorrectness than young adults. On misleading questions, children showed a lower performance in the rate of correctness and "don't know" and the rate of incorrectness by children was higher than that of young adults.

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A Study on Solution of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence (소송절차상 탄핵증거사용 문제에 있어서 융합적 해결에 대한 소고)

  • Lee, Chan-Yeub
    • Journal of the Korea Convergence Society
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    • v.6 no.5
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    • pp.207-217
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    • 2015
  • A Study on Problem of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence Meaning of impeachment evidence in criminal proceedings is liking the spread of the branches moment. The first, there is to set limits of impeachment evidence. The amicable solution is to accept moving flexibly. In a concrete way must to make away with a constituent element unlawfulness. The second, problem a return to probative force exist. This problem agree in principle to resolve an issue for the testimony of an eyewitness. The third, how to admit that institution of criminal investigation after the testimony of an eyewitness exist. This attendant conditions are to eliminate illegality for the authenticity in he testimony of an eyewitness and for the observe due process. Therefore, we must observe due process without illegality to solve the problem for the convergence.