학습분석학 기반 대학생의 학업저성취 예측 요인 탐색: 학기 시작 전 누적 학사 변인을 중심으로

김래영 학습자중심교과교육학회 2023 학습자중심교과교육연구 Vol.23 No.7

Objectives The purpose of this study is to explore the possibility of preventing academic underachievers by utilizing the data of enrolled students accumulated in the school academic system from the perspective of learning analytics. In particular, by exploring predictive factors for academic underachievement based on academic data before the start of the semester, we intend to predict and select risk groups for academic underachievement early before the start of the semester. The results of early prediction and screening are intended to be used to prepare a preemptive support plan for teaching and learning for those at risk of academic underachievement. Methods 670 students of 4-year A university located in the metropolitan area were selected as the research subjects and the academic data accumulated in the school academic system was analyzed. The independent variables are the previous semester's GPA, total credits completed, total number of leave of absence, total number of academic warnings, total number of F credit courses, and major course registration credits and liberal arts course registration credits for which course registration has been confirmed for the current semester. Dependent variables are GPA and low academic achievement in the current semester. For data analysis, SPSS 28.0 statistical program was used, linear regression analysis was performed to confirm the explanatory power of independent variables for grades, and logistic regression analysis was performed to derive predictive factors for low academic achievement. Results As variables predicting grades according to Research Question 1, the GPA of the previous semester, total credits completed, credits for major course registration in the current semester, and credits for general course registration in the current semester had a positive effect on grades. And the total number of F-credit courses and the total number of leave of absence were confirmed as predictors that negatively affected grades. According to Research Question 2, the variables predicting low academic achievement are GPA of the previous semester, total credits completed, credits for major course registration in the current semester, and credits for general course registration in the current semester have a negative effect on low academic achievement. And the total number of F grade courses, the total number of leave of absence, and the total number of academic warnings were confirmed as predictive variables that had a positive effect on academic underachievement. Conclusions This study has great educational significance in that it derives predictive factors for grades and academic underachievement based on the academic data of students enrolled in the school and prepares a method for teaching-learning support. The results of this study will be available as practical examples and reference materials for early prediction and support of grade and academic underachievers.

재판의 전제성과 헌법재판소의 법률해석권 - 헌법재판소 2010. 9. 30. 2009헌가23․31(병합) -

김래영 대한변호사협회 2011 人權과 正義 : 大韓辯護士協會誌 Vol.- No.419

Whereas Our Constitution Article 101(1) provides that Judicial power shall be invested in courts composed of judges. Whereas Article 107(1) provides that when the constitutionality of a law is at issue in a trial, the court shall request a decision of the Constitutional Court, and shall judge according to the decision thereof. With regard to the above said clauses, 2010. 9. 30. Constitutional Court of Korea Ruled that in case Criminal Penalty Clause concerning Liability Without Fault is revised to Negligence Liability, an old law is disqualified from the prerequisite for judgment because Criminal Act Article 1(2) shall be applicable to this case(the Medical Services Law Case) which provides that when the punishment therefor under the new law becomes less severe than under the previous law, the new law shall apply. But the above said decision of the Constitutional Court is ought to be criticized for the following reasons;First, whether a new law is less severe than the previous law or not is a problem of fact-finding which belongs exclusively to the power of the Courts. Second, in this case, a new law is not less severe than the previous law. Third, even if it is not applicable to the above case, that is the case constitutional elucidation is necessary, so the Constitutional Court should have admitted Prerequisite for Judgment. Fourth, the Constitutional Court should have extended the scope of the Adjudication in this case regarding the duty that it should be. Fifth, discriminating against the accused according to whether the law is revised in this case is not a disadvantage in fact, but a discrimination which our Constitution prohibits. 헌법재판소는 2010. 9. 30. “양벌규정에 면책조항이 추가되는 형식으로 법률이 개정된 경우,행위자에 대한 선임감독상의 과실이 없는 영업주나 법인은 처벌의 대상에서 제외되게 되었으므로 이점에 있어서 신법이 구법상의 구성요건 일부를 폐지한 것으로 볼 수 있고, 과실책임규정인 신법은 무과실책임규정인 구법에 비하여 전체적으로 보아 피고인에게 유리한 법 개정이라 할 것이므로, 구체적으로 각 당해 사건의 피고인에게 과실이 있는지 여부를 불문하고 당해 사건에는 형법 제1조 제2항에의하여 신법이 적용된다고 보아야 할 것이다. 이와 같이 당해 사건에 신법이 적용되는 이상, 당해 사건에 적용되지 않는 구법은 재판의 전제성을 상실하게 되었다”고 결정하였다. 그러나 이러한 결정은 다음과 같은 비판을 받아 마땅하다. 첫째, 책임있는 피고인에게 신․구법 중 어느 것을 적용하여야 할 것인지의 여부, 즉 신법이 피고인에게 유리한지의 여부는 이러한 사실문제에 터잡은 법률의 해석․적용의 문제이고, 그것이 명확하지않는 경우에는 법원의 견해를 존중하여 주는 것이 구체적 규범통제라는 기능과 헌법질서의 수호․유지라는 위헌법률심판제도의 본질에 더 부합하는 것이다. 둘째, 실제 이 사건에 있어서 신법이 구법보다 피고인에게 유리하다고 할 수 없다. 셋째, 이 사건의 경우 구법은 간접적으로나마 당해 사건에 적용된다고 볼 수 있으므로 구법에 대하여재판의 전제성을 인정할 수 있고, 나아가 헌법적 해명이 긴요한 사안“이기 때문에 예외적으로 재판의전제성을 인정할 수 있는 경우에 해당한다. 넷째, 본 사건의 대상법률조항이 형벌조항이고 또한 조문의 위치 및 규정형식만 변경되었음을 감안한다면, 구법 조항에 대하여도 심판대상을 확장하여야 하는 것이 국민의 기본권 보장과 헌법질서의 수호․유지라는 헌법재판소 본연의 임무에 충실한 것이다. 다섯째, 법이 개정되었는지 여부에 따라 동일한 내용으로 기소된 피고인을 차별하여 처벌하는 것은단순한 사실상의 불이익이 아닌 헌법상의 불평등 취급이다.

비상계엄 하의 특별한 조치

김래영 연세대학교 법학연구원 2024 법학연구 Vol.34 No.1

The First Republic's Constitution §64 only stipulates the President's power to declare martial law, providing no specific provisions regarding the authority to take special measures during a state of emergency, similar to the current constitution. In contrast, §9 establishes necessity for warrants without any exceptions. However, the Martial Law Act §13 enacted in 1949 granted the martial law commander the authority to take special measures regarding ‘arrest, detention, search, residence, moving, speech, the press, assembly, association or collective action.’ In other words, during the time of the First Republic, the effectiveness of special measures was limited to legal aspects, and it was not possible to completely exclude necessity for warrants. For this reason, even the Constitutional Committee of the First Republic decided that, even if a state of emergency were declared, it would not be possible to completely exclude necessity for warrants. Under the current Constitution, the prevailing view seems to be that it is impossible to completely exclude necessity for warrants. These perspectives suggest that such exclusion is only feasible when considering the effectiveness of ‘special measures’ not as constitutional but as legislative powers. However, the fact that our constitution explicitly stipulates ‘special measures’ can only be interpreted as an intent to confer constitutional efficacy. Our constitution specifies that essential aspect of fundamental rights cannot be infringed upon even when restricting them through legislation. The reason for including the mentioned provision is that, in the event of a state of emergency, special measures that may also encroach upon the essence of these rights can be taken. Therefore, under the current constitution, the Constitutional Court has acknowledged the possibility of completely excluding necessity for warrants but has deemed it preferable to avoid if possible, allowing it only for the shortest necessary period. In the face of a national emergency where the declaration of extraordinary martial law does not violate the constitution, the special measures taken by the martial law commander under the command and supervision of the president, as well as the martial law proclamation specifying these measures, exist separately and are not subject to judicial review. A series of Supreme Court precedents that deemed extraordinary martial law proclamations unconstitutional and invalid have all concluded that such proclamations were not in response to a national emergency or military necessity but rather a means to suppress those opposing the regime. As a result, since the conditions themselves were not met, the subsequent martial law proclamations were declared unconstitutional and invalid.

국방경비법은 법인가?

김래영 한양법학회 2024 한양법학 Vol.35 No.3

The position of the Constitutional Court and the Supreme Court is that ‘Articles for the Government of the Korean Constabulary’ was either enacted as an 'Ordinance' by the Military Governor's authority or promulgated by means other than publication in the Official Gazette, as an 'other regulation' amending the 'former above-said Articles.' It is questionable whether the fact of the law's promulgation can be assumed rather than proven or verified. The English name of the Act is ‘Articles for Government of Korean Constabulary’ which means 'Regulation for the Korean Constabulary.' However, without any records of its enactment or promulgation, this regulation was suddenly renamed and applied as the then-effective Act. Indeed, it appeared as a law long after its supposed enactment, promulgation, and effective date. However, ‘Articles for Government of Korean Constabulary’cannot be considered a law. Originally, the American ‘Articles of War,’ which is said to be the prototype of ‘Articles for Government of Korean Constabulary’ was merely a 'wartime manual' applied during wartime, as its name suggests. Later, this wartime manual was incorporated into the legal code with the approval of Congress for each article. However, unlike the United States, there was no process in our country for incorporating wartime manuals or regulations for the Korean Constabulary into the legal code. Therefore, ‘Articles for Government of Korean Constabulary’cannot be considered a law. Even considering the political situation around July 5, 1948, when the law was supposedly enacted, and other promulgated ordinances, it could not possibly have been enacted or implemented as an ordinance. It is impossible to apply a single-trial system for military judicial officers and allow military prosecutors to have exclusive prosecutorial rights while stipulating a hierarchical system and exclusive prosecutorial rights for civilian prosecutors. It is said that a document indicating the promulgation of ‘Articles for Government of Korean Constabulary(Coast Guard)’ was discovered in the U.S. National Archives, but it does not show that the Ordinance was actually promulgated. It is merely a pamphlet containing a draft for the law. Moreover, it appears that this pamphlet and other U.S. military government ordinances were interpreted in an unreasonable way to fit certain claims. ‘Articles for Government of Korean Constabulary’ is by no means a law.

대통령 배우자 명품백 수수를 둘러싼 법적 쟁점

김래영 경상국립대학교 법학연구소 2024 법학연구 Vol.32 No.3

The Anti-Corruption and Civil Rights Commission, through a plenary committee meeting, closed the case on June 10, 2024, citing that the acceptance of the luxury bag by the president's spouse was not related to the president's official duties and that Pastor Choi, being a foreigner, was not subject to the Anti-Graft Act. Additionally, it was argued that even if it was recognized as related to official duties, the luxury bag would be considered a presidential archive, thus constituting a lawful acceptance of valuables. However, the decision by the Commission was incorrect for the following reasons. First, the Commission has long established that when a foreigner gives valuables to a public official within the territory of the Republic of Korea, the Anti-Graft Act applies. Furthermore, excluding the spouse of a public official from the scope of the Anti-Graft Act due to the absence of specific punishment provisions directly contradicts Constitutional Court precedents. Second, the luxury bag received by the president's spouse cannot be considered a presidential archive. According to case law, only items produced by a presidential archive-creating agency qualify as presidential archives, and no agency has produced documentation designating the luxury bag as a presidential archive. Third, the participation of the Chairperson and three Vice-Chairpersons of the Commission in the plenary committee decision to close the case regarding the president's spouse's acceptance of the luxury bag constitutes a conflict of interest under the Conflict of Interest Prevention Act. The Commission is a central administrative agency, and the president, as the head of the government, holds administrative Supervisory authority over it according to the Government Organization Act.

병(兵)의 선거운동 제한 ― 헌법재판소 2018. 4. 26. 선고 2016헌마611결정 ―

김래영 서울시립대학교 서울시립대학교 법학연구소 2024 서울법학 Vol.32 No.2

The Constitutional Court declared in Decision 2018. 4. 26. 2016Hun-Ma611 that private soldiers also fall under the category of ‘public officials in special services’according to the State Public Officials Act, and regardless of whether their status allows it or not under Article 5 of the Constitution on the neutral position of the military and Article 7 on the political neutrality of public officials, they cannot engage in political expression or election campaigns. The Court also upheld the constitutionality of provisions in the State Public Officials Act and the Military Criminal Act that prohibit such activities. Criticism of the Constitutional Court's decision can be made as follows: First, unlike officers or non-commissioned officers, enlisted personnels have never been appointed as public official by the state. ‘Public officials in special services’are appointed based on qualifications and achievements, while enlisted personnels are assessed based on physical grades and subjected to conscription measures. Second, the provisions of Article 5 of the Constitution regarding the political neutrality of the military and Article 7 regarding the political neutrality of civil servants cannot serve as grounds for restricting the political expression freedom or freedom to engage in election campaigns of enlisted personnels. These provisions are commands to prevent the military and civil servants from being mobilized in politics by political leaders and military personnel after (military) dictatorship periods experience, and not to be utilized in politics. This is a natural interpretation in light of our constitutional history's lessons. Furthermore, it means that the military and public officials, as groups or organizations under the Constitution, must maintain political neutrality. When it comes to individuals, these provisions should be interpreted as guaranteeing the right to refuse participation in political activities when mobilized. Third, it is simply unacceptable to assume that allowing enlisted personnels to engage in election campaigns may mislead the public into believing that it represents the entire military's opinion. There is no evidence whatsoever to support such concerns being the legislative purpose. The Framework Act on Military Status and Service stipulates that private soldiers also have the same constitutional basic rights as ordinary citizens and can be restricted within the scope of military necessities. Therefore, the interpretation must be that the freedom of election campaigns or political expression of private soldiers is restricted only during operations, training, or when done collectively.

The Continuity and Transformation of Learning Strategies and Goals in Children's Activities across Settings and Tasks

김래영 한국학교수학회 2010 한국학교수학회논문집 Vol.13 No.4

The purpose of this article is to investigate the relationship between children’s goals and activities in terms of continuity and transformation of their learning through interactions between learners and practices across settings. By observing children's activities across settings and tasks and interviewing the children, I found that the continuity and transformation in learning are developed in the relationship between changing individuals and changing social context. In this process, social interaction with others plays an important role in changing their goals and strategies. The results imply that appropriate tasks and teachers' guidance are crucial to facilitate students' learning across settings.

공직선거법상 표현행위 규제법리에 대한 헌법적 검토

김래영 언론중재위원회 2010 言論仲裁 Vol.115 No.-

[시] 커피를 마시며

김래영 샘터사 1997 월간 샘터 Vol.28 No.11

표준화 위원회 탐방 - IMT 프로젝트 그룹(PG906)

김래영,Kim, Rae-Yeong 한국정보통신기술협회 2014 TTA저널 Vol.152 No.-