Test Reliability in Case Law by Analysis of Korean Precedent Judgment Criteria on the Degree of Assault and Intimidation
Keywords:
Humanities data analysis, linear regression, precedents, importance analysis, feature selectionAbstract
https://doi.org/10.21860/j.14.2.8
The application of criteria from previous judgments in subsequent cases is unclear. One such factor, the degree of assault and intimidation, influences the severity of a crime but is challenging for the public to assess due to its unclear derivation. To address this, numerous studies aim to identify core elements that empirically prove abstract concepts. This study introduces a method for analyzing judgments, extracting elements for each issue based on shared patterns in reference precedents. Unlike previous approaches, it can analyze numerous rulings through extensive data processing. The method relies on judgment criteria and establishes classification criteria according to theory, leading to linear regression results. The model demonstrates that the importance of elements varies for each issue, providing insight into the rationale behind judgments. The public can utilize this model to enhance judgment predictability by analyzing precedents. Moreover, it can be employed to assess judgment reliability in both the Anglo-American and civil law systems that recognize case law.
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
