All Articles

  • In order for defamation to be established, the abuser must be intentional or negligent, and in Article 709 of the Japanese Civil Code, the infringement of rights is required to establish tort. In principle, there is no problem in this respect from the standpoint of personality rights. Because illegality is required in the establishment of illegal acts, and acts that infringe on the right to personality are illegal in principle, so defamation is established unless there is a reason for illegality. It is explained that nominal damages are not recognized in Japan under the English-American Law, but recent cases have been recognized in the field of privacy rights to recognize nominal damages. The problem is that in Japan, the infringement of the honorary personality of the deceased in relation to the legal interests of the defamation charges in Japan is a direct protection theory. It is classified and explained. Direct protection theory thinks that indirect protection is insufficient, and actively discusses the possibility of recognizing the personality of the person as its own legal interest. That is to say, even a messenger must possess personal value and claim that the infringement of that value must be protected by law. The Korean Civil Law is generally regarded as extinguished due to the loss of the subject due to the provisions of Article 3 and the nature of the right of personality, which is a perpetual right. However, if the copyright law and the criminal law provide for the protection of the personal right of the person, and if it is impossible to prohibit the acts such as defaming the honor of the person, the human rights and dignity of the constitutional law cannot be guaranteed. In addition, today's rapid development of mass media often damages the copyright or honor of the victim, and the practical necessity to recognize the personality is also recognized.
    Keyword:Protection of the Personal Rights, The Defamation, Tort, Social Evaluation, Public Interest
  • This study was intended to explore feasible development measures based on the expertise of local councilors as a way to enhance the professionalism of local parliament. As an alternative, it proposed the establishment of a local council institute. The local council institute is thought to be a realistic measure to secure the expertise of local councilors as it can compensate for the limitations that the current legal and institutional aspects have, reduce the financial burden of local governments, and facilitate the development of agreements between local residents and politicians. This common support system for local council activities may be more effective than securing individual expertise in that it allows us to look at both the macroscopic(wide) and microscopic(basic) perspectives and the similarities and differences that the region has. It will also be able to better understand regional issues by actively utilizing local talent and effectively respond to problems in the community by consolidating networks of local universities, civic groups and local experts. If the final voting body, the local council, receives more diverse and specialized policy support and information to resolve complex and diverse regional problems, the local council will make more reasonable decisions. If these decisions can eventually improve the quality of life for local residents, they should seek feasible practical ways to secure the expertise of local council.
    Keyword:Main Control: Local Councilors, Local Council, Local Autonomy, Local Parliament, Local Experts
  • The fundamental question to reflect on sex trade is whether it is the sex trade itself or the various laws, systems and concepts that regulate sex trade that are serious and dangerous to women's human rights. It has not been historically proven that the policy of criminalizing sex trade is effective in reducing or eradicating it. Rather, it would be said that the criminalization policy against prostitution is causing the formation of another system of suppressing women in prostitution. After a brief review of each country's legislative history on the regulation of prostitution and the legislation policies on prostitution, the problems of the Sex Trade Punishment Act were reviewed focusing on the above decision. First of all, the current law on the punishment of prostitution in Korea is not completely prohibited nor legal regulatory, but a half-hearted form. The purpose of the law on the punishment of prostitution seems to be "banal," but it defines sex sellers as "a kind of victim of prostitution." The reality is that there is no legal or institutional measure to follow up on the sex trade. It is also a ambiguity of its purpose. Sound sexuality and morality are determined on the basis of the general not only of members of society, but also of very abstract, ideological, and obscure concepts that change according to times, places, circumstances and values, and even how one can define them is questionable. The Sex Trade Punishment Law uses the National Penalty Act to secure the sex trend, and solving immoral and antisocial behavior by punishment changes according to changes in social values, and even if the standard is vague, the state cannot exercise its penal rights based on moral values, and even if it recognizes the protection law of sexuality, it is difficult to see the grave danger of sexuality, which is the protection law.
    Keyword:Protection of Sex Moral, Anti Prostitution Act, An Act of Prostitution, Decriminalization, Sexual Self-Determination
  • Organizational researchers need to show managers that there is a wide network of values and interests that can contribute to the organization's goals, but they have tried to show only one ‘truth’ based primarily on the management's perspective. The focuses of organization theories need to keep step with demographic changes in workplaces since demography is an essential variable in those theories. This essay discusses how those theories need to be changed along with increasing cultural and ethnic diversity in workplaces. In sum, control-oriented management and outcome-oriented leadership theories by themselves have limited implications for cultural and ethnic diversity in workplaces. This is because those theories were conceived on the assumption that workforces are homogeneous and can be integrated in terms of culture and ethnicity. Cultural and ethnic diversity runs counter to conventional wisdom that managers can directly control employees through predesigned patterns and structure. The negative effects of such diversity are produced through the psychological process of identity formation. However, due to the complexity and subjectivity of the process, managers have a limited capability of controlling the process directly. Hence, control-oriented management theories need to be supplemented by leadership theories focusing on motivation and indirect influences. To draw better leadership, leadership theorists also need to put more emphasis on energizing organizational members to share organizational values and visions through social architecture than to peruse self-interested rational rewards. The essay suggests implications for two kinds of research: descriptive and prescriptive research. The first section discusses what perspectives researchers need to have in order to describe cultural and ethnic diversity, and the second section examines what theories researchers need to employ in order to prescribe the solution of diversity problems.
    Keyword:Leadership Theory, Management Theory, Workplace, Diversity, Postmodernism
  • The reality is that despite the increasing area of green areas along with the diverse urban development phenomena, the area of green areas has been reduced relatively Daegu, Korea, causing various social and environmental problems. In response, the city of Daegu considered a plan to create a pocket park using protective water, which is an important factor, in order to expand the insufficient green area even a little. The Act on Urban Parks and Green Sites, etc. provides protection water pocket parks as shown in Table 17. First, based on the analysis factors and the criteria for formation, the creation of a pocket park based on the location can be divided into rural and urban types. In the case of rural types, 1 type of materials that can create protected water will be the preferred target for the village entrance or if located inside the village. 2 Natural green areas can be created first. 3 There is a high possibility of the formation of linked land if it is farmland or forest. For urban types, areas with minimal noise generation(1, 2 lanes) could be preferred. 5 In the form of flat land and structured land, 6 residential areas will be able to create urban rest areas. 7 In particular, for urban types, it was deemed that not far from the side of the road or on the side of the road was suitable for the requirements of the location of the formation for the simple resting or resting space of pedestrians. Second, for land-related matters, it is deemed appropriate to apply the area below the average effective area(1,854 square meters) and below to create a pocket park utilizing protected water space. In addition, further research on securing raw space for future protected water pipe widths will need to be carried out. 2 The state that owns the land. If the land is shared, it can be built first. 3 There will be a need to actively secure green space by purchasing or leasing 53 percent of private land. 4 The protected water first forms a forest or bottleneck, but due to the nature of the pocket park, even a single tree will be the subject of sufficient composition. Third, the conclusion of the facility related matters should first consider the installation of a guide plate, chair, table, crest, potter, toilet, root protection deck among rest facilities, sports facilities and management facilities. 2 In addition to the basic information transfer factor for protected water, supplemental installation of signboards containing myths and legends will be required. 3 The development or supplementation of devices for the presentation of receipts will be necessary. Fourth, the conclusion on matters related to vegetation is that 1 average recipient is 288 years, and the number of protected water with a high receipt is the preferred target. 2 After examining the conditions of the pressure response or the rate of high death of the branches, it can be created for protected water with a moderate or higher raw meat condition. 3 The installation, dermis, and superfruits of shielding fences around the protected water may be properly mixed and stocked. 4 Protective water in itself exerts sufficient Amenity function in the area, so do not place too many facilities in the space. There should be sufficient awareness among ordinary citizens or local people about the creation of parks using these protected water, and there should be a policydriven device or system.
    Keyword:Green Area, Rural Types, Environmental Problems, Green Area, Vegetation
  • With the trend of strengthening the so-called "local autonomous police road map”, the Korean National Police Agency is pushing for five areas, including Jeju, Sejong and Seoul, as pilot areas by 2020 and the autonomous police system as well as reforming the investigation structure by 2022. Many prior studies have shown that police officers inside the police also improve the effectiveness of the organization by doing voluntary work while accepting changes. It is, in other words, organizational citizenship behavior. In the National Police Agency, interest in major variables affecting organizational citizenship behavior continues. This study began with the following recognition: There has been a series of s tudies that have had a great impact on organizational citizenship behavior, but there is very little research on the impact of the criminal prevention of the local police and the organizational justice of the police officers whose investigative functions are to work effectively in order to improve the quality of life of the residents, and there is no research on the effect of supervisor trust. This study has selected distribution justice, procedural justice, and interactional justice as sub-variables of the organizational justice of the police officers, which is an independent variable, organizational citizenship behavior as a dependent variable, and supervisor trust(emotional trust and cognitive trust) as parameter. The analysis of the data from this study shows that the distribution justice and interaction justice of the organizational justice have a positive effect and process justice has a negative effect on organizational citizenship behavior. And it also shows that emotional and cognitive trust have a positive mediating effect on the effect of supervisor trust on organizational citizenship behavior.
    Keyword:Organizational Citizenship Behavior Investigation, Organizational Justice, Emotional Trust, Cognitive Trust, Local Autonomous Police System
  • The purpose of this study is to examine the trends and characteristics of terrorist attack on energy infrastructure since recent terrorist attacks using drones in Saudi Arabia’s oil facilities raise the question about traditional countermeasures of terrorism. Because of new technology with the fourth industrial revolution increasing the risk of a new way of terrorism, it is necessary to come up with new countermeasures to prepare for terrorist attacks, especially on energy infrastructure. To accomplish research purposes, this study examined the national protection system of South Korea government for energy infrastructure and to identify trends and characteristics of terrorist attacks on energy infrastructure by using GTD data. According to review South Korean’s protection plans for national critical infrastructures, the major regulations in the Disaster Safety Act, the Integrated Defense Act and the Presidential Decree provide preventive tactics for national energy infrastructure. 46 energy infrastructure sites have been selected and managed as important national facilities. However, it is not clear how the existing national defense system is being operated as information is not disclosed. There are also human protection plans for energy infrastructure, but physical protection plans are not specific. In order to respond to new terrorist risk factors such as drones, the improvement of physical environment of energy infrastructure is needed. For this reason, it is necessary to introduce criminal opportunity theory in criminology in the field of terrorism in order to promote safety. Analysis of GTD showed that terrorist attacks on energy infrastructure have continued to increase and decrease. In particular, more than 150 terrorist attacks have occurred every year. Although South Korean energy infrastructure is unlikely damaged because of the rarely occurrence of terrorist attacks in EastAsia, caution is need. Due to the increasing frequency of North Korea’s drone operations, it is necessary to prepare countermeasures. In addition, the characteristics of terrorist attacks on energy infrastructure are mostly those using explosives with a small number of people involved. Since the success rate of terrorist attacks on energy infrastructure is very high, it is important to prevent terrorist attack from occurred.
    Keyword:Nation Critical Infrastructure, Terrorist Attacks, Energy Infrastructure, Drone Attack, Bombing