Earticle

지난 2014년 개정 형법(법률 제12575호, 2014.5.14. 일부개정)은 소위 ‘황제노역’ 논란을 해결 하기 위해, 벌금형 선고금액에 따라 최소 유치기간을 법정하는 제70조 제2항을 신설함으로써 단기간의 노역장유치만으로 고액 벌금형이 탕감되지 못하도록 한 것이었다. 그러나 당시 부칙 제2조는 본 규정을 ‘최초로 공소제기된 범죄부터 적용하도록’ 규정하고 있어 공소제기 이전에 행한 범죄에 대해서도 행위자에게 불리한 신법을 적용케 함으로써 형벌 불소급원칙 위반 여부가 문제되었다. 이에 헌법재판소는 “노역장유치는 형식적으로 형벌은 아니지만 신체의 자유를 박탈하여 징역 과 유사한 형벌적 성격을 갖고 있기 때문에 형벌 불소급원칙에 위반된다” 고 위헌결정을 함으로 써 부칙의 효력을 상실시켰다. 형벌이 아닌 벌금형의 환형처분 내지 납부 강제수단이라는 성격 을 갖고 있는 노역장유치에 대해서도 미납했을 때 겪게 되는 구금이라는 측면을 중시하여 형벌 불소급원칙이 적용되는 실질적 형벌이라고 함으로써, 과거 보안처분에 적용했던 “자유박탈 정도 가 큰 구금처럼 평가된다면 실질적으로는 형벌”이라는 종래의 논지를 노역장유치에도 그대로 견지한 것이다. 결과론적으로는 수긍할 만하나, 노역장유치의 법적 성격에 대한 종래 헌법재판소와 대법원의 입장과는 무관하게 별개의 판단을 하고 있다는 점, 여전히 ‘처벌’ 내지 ‘실질적 형벌’ 이라는 영역 을 ‘신체의 자유를 박탈하거나 이에 준하는 정도’ 에 이르는 구금적 성격이 강한 것에 한하고 있다는 점 등에서 아쉽게 생각한다. 본 논문은 과잉금지의 원칙 등 순수한 헌법학적 논의는 배제하고, 형사법적 관점에서 대상판 결을 평석한 것이다. 우선 노역장유치의 법적 성격에 대한 종래 판례의 입장을 토대로 대상판결 의 의미를 살펴보고, 형벌 불소급원칙의 효력 범위에 대한 학설의 대립과 판례의 입장 변화를 서술한 후 대상판결의 의미와 비판점을 제시하였다. 나아가 당시 개정에서 ‘최초로 공소제기된 범죄’ 부터 적용하게 된 직접적인 이유는 무엇인지 국회 논의과정을 검토한 뒤, 이후에도 여전히 남아있는 유치기간 산정의 형평성 문제에 있어서 이를 해소키 위한 나름의 입법 방향성도 제시 하였다.

In the past, in Korea, unlike other general fine sentence cases, imprisonment on defaulter with very high wages were controversial. In order to resolve these controversies, the Korean criminal code was revised in 2014 and placed a legal limit to set the detention period longer than a certain period depending on the amount of fine sentenced. The amended provision, Article 70 (2), prevents a large fine from being paid only by short-term imprisonment. That Article was allowed to be applied retroactively by the transitional provision at the amendment but a problem was raised that it violates the constitution. In this case, the Constitutional Court ruled that it was unconstitutional, saying: “imprisonment on fine default is not formally a punishment. However, it violates the principle of prohibition of retroactive effect because it deprives one of physical freedom and has a similar character to imprisonment sentence.” And the effect of the transitional provision that recognized retroactively was lost. Imprisonment on fine default is not a punishment under the Criminal Code. Its legal nature is a disposition of change of sentence or a compulsory means of payment. Even for Imprisonment on fine default, which has such a character, judged that it is actually a punishment to which the principle of prohibition of retroactive effect is applied, emphasizing the detention experienced when the fine is not paid. This judgment follows the logic of the past that "If the violation of freedom is evaluated as Imprisonment sentence, it is actually a punishment" applied to the security measures. I agree with the results of this judgment. but do not agree with the process and logic. because this judgment makes a separate judgment on the legal nature of Imprisonment on fine default as if it had nothing to do with the traditional opinions of the Constitutional Court and the Supreme Court of the past. In addition, I would like to criticize the fact that the scope of ‘criminal punishment’ of ‘criminal penalty’, in which retroactive effect is prohibited, is judged to the extent that it leads to imprisonment in which the freedom of the body is severely violated. This paper criticizes the judgment from the point of view of criminal law, excluding pure constitutional discussions such as the principle of excessive prohibition. First, the meaning of the judgment is examined based on the opinions of past traditional precedents on the legal nature of Imprisonment on fine default, and after describing the conflict of doctrines and changes in opinions on the effect of the principle of prohibition of retroactive effect, the meaning of the judgment and criticisms were presented. In addition, after reviewing the discussion process of the Korean National Assembly to confirm the direct reason for the retrospective application, individual opinions on legislation to resolve the controversy over the equity of the time period of imprisonment on fine defaulter that remain after the revision are also presented in this paper.

Food products suitable for Muslim consumers should be halal certified, particularly when their origins or production processes are doubtful. However, there is a multiplicity of halal standards. This situation may generate confusion, particularly for producers in Western countries who would like to certify their products in order to export them to Islamic countries. This study analyzed the reasons underlying the multiplicity of standards and reviewed the attempts of harmonization over time. Then, the case study of application to slaughterhouses was considered, by comparing four different halal standards (namely GSO 993:2015, OIC/SMIIC 1:2019, HAS 23103:2012, and MS 1500: 2019) representative of different geographic areas. Animal stunning was critically examined, comparing tradition with modernity. The study evidenced that the basic requirements related to slaughtering are common to all the halal standards considered, but several differences occur in more specific details. Only a close collaboration between the authorities of all the countries involved in issuing halal certifications will lead to a homogeneous regulatory framework with unified certification and accreditation procedures, increasingly required in a globalized market.

The digitization of traditional medical knowledge in Tanzania will greatly enhance its preservation and dissemination. This is especially important given the challenges facing the current methods of preserving and managing such knowledge. This study presents the requirements engineering approaches and requirements for a web-mobile application that would successfully digitize indigenous knowledge of phytomedicine and relevant practitioners licensing and registration processes. To establish the requirements of such a digital system application, the study sought the opinion of 224 stakeholders whose suggestions were used to analyze and model the requirements for designing such a web-mobile tool. The study was carried out in Arusha, Kagera and Dar es Salaam regions of Tanzania which involved ethnobotanical researchers, herb practitioners, curators from herbaria and registrar officers from Traditional and Alternatives Health Practice Council. Structured interview, survey, observation and document review were employed to find out the basic functional and non-functional requirements for possible designing and implementation a web-mobile application that would digitize indigenous knowledge of medicinal plants. The requirements were modelled using the use case and context diagrams. Finally, the study came up with a list of items for both functional and non-functional requirements that can be used as guidelines to develop a web-mobile application that will capture and document traditional medical knowledge of medicinal plants in Tanzania and, enabling relevant authorities to regulate and manage stakeholders.

Recent years, various percutaneous procedures including cervical nucleoplasty have been developed for disc decompressions to relieve radicular pains caused by disc herniations. We report the application of percutaneous cervical nucleoplasty (PCN) by using the navigable disc decompression device in two patients of cervical herniated intervertebral discs (HIVD). A 38-year-old female diagnosed with C4-C5 disc extrusion with bilateral C5 roots impingement received nucleoplasty twice at C4-C5 disc level. After second procedure, her pain was improved from 6?7/10 to 1?2/10 by visual analog scale (VAS). The second case, a 51-year-male was diagnosed with C6-C7 disc extrusion with right C7 roots impingement and received the procedure at C6-C7 disc level. The pain improved from 8/10 to 3?4/10 by VAS. Successfully, we decompressed cervical herniated discs in 2 HIVD patients without major complications. The PCN with the navigable device will be recommended as an alternative treatment method for cervical HIVD.

Purpose: To investigate the effect of an augmented reality (AR) system on muscle strength and function level of the paretic lower limb and the balance ability in the early rehabilitation program of acute stroke patients. Methods: The participants (30 or fewer days after stroke) were randomly assigned to receive intervention with an early rehabilitation program using an AR system (n=1) or an early rehabilitation program consisting of functional electrical stimulation and tilt table use (n=1). Patients in both subjects received interventions 4-5 times a week for 3 weeks. Results: In the paretic limb muscle strength, AR subject was increased from 15 to 39.6 Nm and Control subject was increased from 5 to 30.2 Nm. The paretic limb function of AR subject motor function was increased from 8 to 28 score and Control subject motor function was increased from 6 to 14 score. But sensory function was very little difference between the two subjects (AR subject: from 4 to 10 score, Control subject: from 3 to 10 score). In the balance ability, AR subject had more difference after intervention than control subject (AR subject: 33 score, Control subject: 22 score). Conclusion: The early rehabilitation program using the AR system showed a slightly higher improvement in the motor function of the paretic lower limb and balance ability measurement than the general early rehabilitation program. The AR system, which can provide more active, task-oriented, and motivational environment, may provide a meaningful environment for the initial rehabilitation process after stroke.

The application of three-dimensional (3D) printing is growing explosively in the medical field, and is especially widespread in the clinical use of fabricating upper limb orthosis and prosthesis. Advantages of 3D-printed orthosis compared to conventional ones include its lower cost, easier modification, and faster fabrication. Hands are the most common body parts involved with burn victims and one of the main complications of hand burns are finger joint contractures. Applying orthotic devices such as finger splints are a well-established essential element of burn care. In spite of the rapid evolution of the clinical use of 3D printing, to our knowledge, its application to hand burn patients has not yet been reported. In this study, the authors present a series of patients with hand burn injuries whose orthotic needs were fulfilled with the application of 3D-printed finger splints.

In the preceding studies, an analysis of Saga Prefectural sightseeing information by a Self-Organizing Map (SOM) has been tried. And recent development on Information and Communication Technology (ICT) will help us to access any results via the mobile devices easily. This is why the mobile devices, e.g., smartphones and tablet computers, have an operating system installed, and we can improve their functions by downloading any applications on the Web. Then, in order to realize this basic idea, development of an application for the mobile devices is investigated through some computer simulations on the standard desktop PC in this paper. As a result, it is found that i) a developed feature map is useful to identify some candidate topics, ii) a touchscreen is suitable to show the feature map, and iii) arrangement of the feature map can be modified based on our interests. Then, it is concluded that the proposed idea seems to be applicable, even though further consideration is required to brush it up.

최근 기후변화 추세와 도시화로 인한 홍수위험 영향을 고려할 때 하천변 도시개발시에는 폭우로 인한 홍수에 대비해야 한다. 스마트시티 국가시범도시는 2곳 모두 하천변에 위치하여 홍수위험에 대한 대비가 필요하나, 하천주변에 스마트시티 특성을 고려한 홍수관리기법은 미흡한 실정이다. 본 연구에서는 스마트시티 국가시범도시 특성분석과 국내⋅외 사례조사 결과를 바탕으로 하천주변 스 마트시티 도시계획적 홍수관리기법을 제시하고, 부산 에코델타 스마트시티에 시범적용하였다. 적용 결과 스마트시티 조성시에 홍수위험도를 고려하여 기법 적용이 가능하다고 판단되며, 본 기법을 활용하여 홍수피해를 저감하기 위한 계획수립이 이루어질 수 있을 것으로 기대된다. 다만, 토지이용 과 건축물 기법은 적용가능성이 검증되었으나, 주택단지 조성기법 및 건축물 적응기법은 향후 추가 검토가 필요하다.

Considering the recent trend of climate change and increased flood risk from urbanization, it is necessary to prepare for floods when developing a riverside city. Both of the national pilot smart cities in South Korea are located along the river, but the flood management technique based on the characteristics of smart city remain insufficient. This study presented flood management techniques for smart cities around rivers from urban planning perspective through the analysis of characteristics of domestic and foreign smart cities and applied the technique to the Busan Eco Delta Smart City as a pilot study. The study results confirmed the feasibility of the technique in smart city development in consideration of flood risk, which would help towards an effective and efficient flood reduction planning. Although the applicability of the technique in land use and building projects has been confirmed in this study, further review would be needed for the creation of housing complex and building adaptation.

본 연구는 외식업체의 전략적 성과관리를 위해 균형성과표(BSC) 기반의 평가체계를 구축하고, 중국 대표 외식기업인 하이디라오를 사례로 실증적 검증을 실시하였다. 문헌 연구와 사례분석을 결합한 방법론을 통해 외식산업 특성에 맞는 BSC 지표체계를 설계 하고, 하이디라오의 기업 데이터와 설문조사 결과를 분석하였다. 연구 결과, 하이디라오는 BSC의 네 관점(학습 및 성장, 내부 프로세스, 고객, 재무) 간 인과관계가 명확히 나타났으며, 특히 학습 및 성장 관점의 개선이 내부 프로세스 최적화로 이어져 고객 만족도 향상과 재무성과 증대로 연결되는 선순환 구조를 확인하 였다. 직원 교육시간 증가, 이직률 감소, 혁신제안 증가가 요리 개발주기 단축과 서비스 응답시간 개선으로 이어지고, 이는 고객만족도와 재방문율 향상을 통해 매출 및 순이익 증대로 귀결됨을 실증적으로 검증하였다. 본 연구는 외식업체가 BSC를 효과적으로 활용하기 위한 실무적 지침을 제시하고, BSC 이론의 외식산업 적용 가능성을 확장했다는 학술적 의의를 가진다. 향후 연구에서 는 다양한 규모와 유형의 외식업체를 대상으로 한 비교연구 및 디지털 혁신과 지속가능 성을 반영한 확장된 BSC 모델 연구가 필요하다.

This research constructs a performance evaluation system based on the Balanced Scorecard (BSC) for strategic performance management of catering enterprises, and conducts empirical validation focusing on a case analysis of Haidilao, a leading Chinese restaurant chain. Through a methodology combining literature review and case analysis, a BSC indicator system tailored to the characteristics of the catering industry was designed, and corporate data and survey results from Haidilao were analyzed. The findings demonstrate clear causal relationships between the four BSC perspectives (Learning & Growth, Internal Processes, Customer, and Financial) at Haidilao. In particular, the research confirmed a virtuous cycle where improvements in the Learning & Growth perspective lead to optimized Internal Processes, which enhance Customer satisfaction and ultimately result in improved Financial performance. The case analysis empirically verified that increased employee training hours, reduced turnover rates, and more innovation proposals contribute to shortened culinary development cycles and improved service response times, leading to higher customer satisfaction and repeat.

Mobile technologies are receiving an increasing attention within diverse educational contexts. However, the scope of research on the affordances various mobile technologies provide to learning outcomes is still limited. The aim of this study was to investigate the effect of using WhatsApp application on vocabulary learning of Iranian EFL learners. Twenty-six female EFL learners at preintermediate level of proficiency were selected through convenience sampling to participate in the study. A vocabulary test was utilized for ensuring the homogeneity of the learners and then the participants were divided into two experimental (N = 13) and control (N = 13) groups, followed by assessing their vocabulary knowledge. Then, the 14-session treatment began, which included teaching new words using WhatsApp in the experimental group and traditional face-to-face method in the control group. At the end of the course, a vocabulary post–test was administered to both groups. Additionally, an attitude questionnaire was administrated to both groups for examining their attitude towards using WhatsApp and the traditional vocabulary learning method. The results indicated that the experimental group outperformed the control group. In addition, it was revealed that the learners who used WhatsApp for enhancing their vocabulary skill had a more positive attitude toward foreign language vocabulary learning as compared to the other group. The implications of the study for mobile-assisted vocabulary learning are discussed.

디지털 기술의 이용확산은 소비자와 생산자에게 거래 효율성 향상에 크게 기여하고 있다. 하 지만 개인정보보호 및 데이터 보안, 사이버 보안위협, 디지털 격차, 시장집중 등의 부정적인 문제도 있다. 따라서 본 연구는 현행 무역거래 프로세스의 문제점을 고찰하고, 이러한 문제를 해결하기 위 한 방안으로 사물인터넷, 인공지능, 빅데이터, 3D 프린팅 및 블록체인 등 디지털 기술의 활용 필요성과 무역거래에 미치는 영향을 분석한 후, 무역거래에서 디지털 기술의 적용 사례분석과 시사점을 도출하여 향후 디지털 기술의 활용을 통한 무역거래 원활화에 기여하고자 한다.

Purpose : By analyzing cases and deriving implications of the application of digital technology in international trade transactions, we aim to contribute to the facilitation of international commerce transactions through the use of digital technology in the future. Research design, data, methodology : This study examined the problems of the current internaional commerce transaction processes. After analyzing the necessity of using digital technologies such as the Internet of Things, Artificial Intelligence, Big Data, 3D Printing, and Blockchain Technology and their impact on internaonal commerce transactions, we analyze cases of application of digital technology in international commerce transactions and derive implications. Results : The application of digital technology in the field of internaonal trade is expected to solve many of the problems faced in traditional commerce transactions. However, efforts are needed to address negative issues such as loss of control over personal data, concentration of market power in a few powerful companies, and concerns about the digital divide. Conclusions : As it becomes easier to provide services digitally in trade transactions, it is expected that the existing product-centered B2B transactions and B2C transactions and services that combine goods and content will spread.

Purpose: This study investigated the effects of the newly-developed high-frequency stimulation over knee on physiological characteristics of quadriceps (QM) and hamstring (HM) muscles. Methods: Ten healthy participants were participated in the study (average age: 49.3). Each participant received the high-frequency stimulation over both knees over three times a week during a total of two weeks. We measured the physiological characteristics of muscle tissue of QM and HM, including muscle tone (F), dynamic stiffness (S), and elasticity (D) by a Myoton device at pre and post-stimulation. Results: As a result, the elasticity of right HM was showed significant differences between pre- and post-stimulation (P=0.006). Conclusion: We conclude that the high-frequency stimulation over both knee may evoke the physiological changes in knee muscles.

English plays an overwhelming role in achieving the communication and idea exchange among people. English writing is a skill of output, which can reflect one’s comprehensive cultural competence and logic thinking ability. There is no doubt that English writing is one s kill which can be acquired only in a hard and long way. As one means of expression, writing helps people to make a direct communication with each other without restriction of time and place, which can witness the lighting up the flame of thinking and penetrating ideas. In sharp contrast with the importance of English writing, students in the universities and colleges show an indifferent attitude towards English writing, mostly caused by the reason that the universities adapt the traditional English teaching method and evaluation. This research applies the formative assessment into English writing process tentatively and tries to explore the influence that formative assessment exerts on students' writing proficiency. The author proposed that formative assessment attaches more importance to the process of learning, with multiple types and tools of assessing to provide timely and effective feedback to facilitate teaching and learning.

The study aimed to develop a lightweight inertial measurement unit (IMU)-based functional electrical stimulation (FES) orthosis and to investigate its preliminary clinical feasibility in an adolescent with crouch gait. A lightweight wearable orthosis integrating IMU sensors, plantar pressure sensors, a brushless DC motor, and synchronized FES was developed to provide real-time knee extension assistance according to gait phase. An adolescent with cerebral palsy and crouch gait participated in this single-case study. Static balance ability and gait function were evaluated before and while wearing the orthosis. The Balancia software program was used for static balance ability, and the BTS G-Walk system was used for walking. Usability and usefulness were assessed using a questionnaire. In the results, while wearing the orthosis, path velocity, path length, and path area decreased under both eyes-open and eyes-closed conditions, accompanied by a more symmetrical left–right weight distribution. Velocity and stride length increased, whereas the proportion of the stance phase decreased and the swing phase increased. Pelvic obliquity and rotation ranges were also reduced. The usability questionnaire demonstrated predominantly positive responses, with the highest ratings for perceived stability and ease of maintaining balance while wearing the orthosis. The proposed lightweight IMU-based FES orthosis demonstrated the potential to improve static balance ability, gait function, and user-perceived stability by providing real- time motor assistance and synchronized FES according to gait phase. Although limited by its single-case design, this study provides preliminary evidence supporting the feasibility and clinical potential of the proposed wearable orthosis and may serve as a foundation for future large-scale clinical studies.

Background/Objectives: Pulsed radiofrequency(RF) method has been introduced as a way to provide longer-term pain relief in peripheral nerve areas especially in the management of chronic pain. It is a new treatment method that complements the problems of conventional RF treatment. Methods/Statistical analysis: We describe the clinical use of pulsed RF in a patient with degenerative osteoarthritis of the knee and review of the literature related to the use of clinical practice. Findings: It showed updated information regarding the science of pulsed RF by highlighting basic science, animal study, and clinical data and to explore further the validity of the concept behind the application. Improvements/Applications: Pulsed RF may promise as an analgesic modality to treat a variety of conditions.

The Digital Government landscape is changing to reflect how governments try to discover innovative digital solutions, and how they transform themselves in the process. In addition, with the advent of information and communication technology (ICT), e-governance became an essential part of the government. Among the services provided by the Korean government, the Minwon24 online portal is the most used one. However, it has some processing limitations, namely: (1) it provides a cumbersome document authenticity service; (2) people cannot know what happened even if the agency handles the documents arbitrarily. To address the issues outlined above, blockchain processing can be a good alternative. It has a tremendous potential in that it has maximum transparency and a low risk of being hacked. Resource management is one of the areas where blockchain is frequently used. The present study suggests a new model based on blockchain for Minwon24; the proposed model is a type of resource management. There are three participants: issuer, owner and receiver. The proposed model has two stages: issuing and exchanging. Issuing is creating civil documents on the database, which is BigchainDB in this study. Exchanging, the next stage, is a transaction between the owner and the receiver. Based on this model, the actual program is built with the programming language Python. To evaluate the model, the study uses various criteria and it shows the excellence of the model in comparison to others in prior research.