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Record W1652890660

캐나다 판례법상 행정조사의 절차적 공정성 법리에 관한 고찰

2012· article· ko· W1652890660 on OpenAlexaboutno aff
윤혜선

Bibliographic record

Venue한양법학 · 2012
Typearticle
Languageko
FieldBusiness, Management and Accounting
TopicDispute Resolution and Class Actions
Canadian institutionsnot available
Fundersnot available
KeywordsDutyAdministrative lawDoctrineJurisprudenceContext (archaeology)Political scienceProcess (computing)LawProcedural lawProcedural justiceLegislationLaw and economicsDue processCommon lawComputer scienceSociologyPsychologyMunicipal law
DOInot available

Abstract

fetched live from OpenAlex

It is trite to say that administrative investigations are required to be conducted in accordance with the principle of due process of law in Korea. However, so far, there has not been many studies showing the implementation of the principle within the investigative process. This is maybe because it is inherently difficult to make generalizations about the issue of the procedural fairness in the investigative stage. The structure of administrative tribunals and agencies varies significantly, and different tribunals and agencies utilize different investigative processes. Furthermore, the types of power being exercised by investigating bodies are widely divergent. As a result, each case must be considered on the bases of the empowering legislation and the duties and powers of the investigator. This article examines the Korean administrative investigation system and the application of the principle of due process of law in the administrative investigation context. Also it analyses the duty of fairness in the investigative stage of administrative proceedings in Canadian jurisprudence and demonstrates how the doctrine of procedural fairness, which derived from the principle of natural justice, evolved into such a duty and how it shaped its contents, so as to provide insights into latest development and thinking of the principle of due process of law in Korea. In Canada, the duty of fairness in the investigative stage of administrative proceedings has evolved. Although at one time there was little room for the application of procedural fairness during investigations, it is likely that such a blanket statement no longer holds true. The courts appear to be expanding the scope of judicial review over administrative proceedings, including being more willing to hold investigators to higher standards. Determining what duties an administrative tribunal owes to an individual whose rights may be affected requires an examination of the statutory provisions in question and a review of the nature of the decision to be made, the relationship between the administrative body and the individual, and the effect of the decision on the individual’ rights.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.019
metaresearch head score (Gemma)0.033
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.989
Threshold uncertainty score0.099

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0190.033
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0050.023
Scholarly communication0.0100.007
Open science0.0020.004
Research integrity0.0060.008
Insufficient payload (model declined to judge)0.0070.004

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.022
GPT teacher head0.242
Teacher spread0.220 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2012
Admission routes1
Has abstractyes

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