Korean court cases regarding research and publication ethics from 2009 to 2020

IF 1.6 Q2 COMMUNICATION

Science Editing Pub Date : 2021-02-20 DOI:10.6087/KCSE.236

J. Y. Lee

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引用次数: 0

Abstract

Research and publication misconduct may occur in various forms, including author misrepresentation, plagiarism, and data fabrication. Research and publication ethics are essentially not legal duties, but ethical obligations. In reality, however, legal disputes arise over whether research and publication ethics have been violated. Thus, in many cases, misconduct in research and publication is determined in the courts. This article presents noteworthy legal cases in Korea regarding research and publication ethics to help editors and authors prevent ethical misconduct. Legal cases from 2009 to 2020 were collected from the database of the Supreme Court of Korea in December 2020. These court cases represent three case types: 1) civil cases, such as affirmation of nullity of dismissal and damages; 2) criminal cases, such as fraud, interference with business, and violations of copyright law; and 3) administrative cases related to disciplinary measures against professors affiliated with a university. These cases show that although research and publication ethics are ethical norms that are autonomously established by the relevant academic societies, they become a criterion for case resolution in legal disputes where research and publication misconduct is at issue.

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从2009年到2020年，韩国法院审理的研究和出版伦理案件

研究和出版不当行为可能以各种形式发生，包括作者失实陈述、剽窃和数据捏造。研究和出版伦理本质上不是法律义务，而是伦理义务。然而，在现实中，关于研究和出版道德是否受到侵犯的法律纠纷也随之而来。因此，在许多情况下，研究和出版中的不当行为由法院裁决。本文介绍了韩国关于研究和出版道德的值得注意的法律案例，以帮助编辑和作者防止道德不端行为。2009年至2020年的法律案件于2020年12月从韩国最高法院数据库中收集。这些法院案件代表三种类型：1）民事案件，如确认解雇无效和损害赔偿；2）刑事案件，如欺诈、干扰商业和违反版权法；（三）对大学教授采取纪律处分的行政案件。这些案例表明，尽管研究和出版伦理是相关学术团体自主制定的伦理规范，但在研究和出版不当行为有争议的法律纠纷中，它们已成为解决案件的标准。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Science Editing COMMUNICATION-

CiteScore

2.90

自引率

20.00%

发文量

审稿时长

10 weeks

期刊介绍： Science Editing (Sci Ed) is the official journal of the Korean Council of Science Editors (https://kcse.org) and Council of Asian Science Editors (https://asianeditor.org). It aims to improve the culture and health of human being by promoting the quality of editing and publishing scientific, technical, and medical journals. Expected readers are editors, publishers, reviewers, and authors of the journals around the world; however, specially focused to those in Asia. Since scholarly journals in Asia are mostly published by the academic societies, universities, or non-profit organizations, Sci Ed is sought to play a role in journal development. The number of publications from Asia is increasing rapidly and overpass that of other continents; meanwhile, the number of international journals and highly appreciated journals is yet to be coming forward. It is task of Asian editors to pledge the journal quality and broaden the visibility and accessibility. Therefore, its scope includes the followings in the field of science, technology, and medicine.