• Title, Summary, Keyword: 보복범죄

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A Study on retaliatory crime (보복범죄에 관한 연구)

  • Kang, Maeng-Jin
    • Proceedings of the Korea Contents Association Conference
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    • pp.237-238
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    • 2014
  • We can define as retaliatory crime avenge crime for crime statement, testimony, state of victimized, witness etc. of crimers related. In case of Republic of Korea, damages of retaliatory crimes are every year increasing and increasing ratio is high, Nevertheless, opposition for retaliatory is incomplete realities. This study is going to search for the opposition method with scrutinize of regulation for retaliary crimes.

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Legal System Reasearch Relating to Retaliatory Crime (보복범죄 관련 법제연구)

  • Kang, Maeng-Jin
    • The Journal of the Korea Contents Association
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    • v.15 no.4
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    • pp.179-187
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    • 2015
  • Social unrest from retaliatory crimes is increasingly becoming problematic. Recently, there was an accident involving a suspect who went to a hospital and committed acts of retaliatory violence 11 times. This person's reasoning was that he was imprisoned due to the hospital's reporting to the police. He was consequently arrested in Boeun Choongbook on December 27th 2014. Accidents like this one take place frequently around our surroundings. There are regulations and systems in place. Nevertheless, similar cases that continue to take place makes us wonder if criminal judicial systems work well. Lukewarm responses to retaliatory crimes is not only threatening social security, but also placing fears in the minds of ordinary citizens. If retaliatory crimes take place, most citizens become apprehensive about criminal judicial activities of the police and mistrust for criminal judicial system. This at times discourages people from reporting incidents and could eventually increase crime rate and cause various social problems. Even though there are legal and systemic control measures, retaliatory crime is an increasing trend. This study is going to examine tendencies of internal retaliatory crimes and discuss legal-systemical responses.

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

A study on The tendency of insurance crime (보복범죄 경향 연구)

  • Kang, maeng-jin
    • Proceedings of the Korea Contents Association Conference
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    • pp.123-124
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    • 2015
  • 2014년 보험사기로 인한 금액이 무려 6000억 원에 이르고 범죄 혐의자도 8만 4300명에 이른다고 한다. 이는 전년도 보다 9.4% 증가한 인원이다. 경기불황과 죄의식 결여 등으로 근래 들어 보험범죄는 갖가지 양상으로 나타나고 있다. 범죄발생 증가의 폭도 크고 그 수법도 잔인해지는 등 여러 가지 사회적인 문제를 야기하고 있다. 본 연구는 최근 보험범죄의 경향을 살펴보고 이에 대한 적절한 대응방안을 제언하고자 한다.

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Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

A Study on the Problem and Improvement of Aggressive Driving in the Road Traffic Act (도로교통법상 난폭운전의 문제점과 개선방안)

  • Yu, Ha-Yeon;Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
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    • pp.145-146
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    • 2016
  • 최근 무모한 운전으로 인해 운전자들 간의 난폭운전 및 보복운전이 증가하고 있다. 이러한 사회적 문제가 부각됨에 따라 "도로교통법"상 난폭운전에 관한 처벌 규정이 2016년 2월부터 시행되고 있다. 그럼에도 불구하고 여전히 계속해서 난폭운전이 증가하고 있는데, 그 원인을 분석하고 난폭운전의 정의 및 기준을 명확히 설정해야 법적안정성을 확보할 수 있을 것이다. 특히, 처벌규정에 있어서도 문제점이 무엇인지 검토하고 이에 대한 개선방안 및 예방대책을 모색할 필요가 있다.

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The right to life and Capital punishment (헌법상 생명권과 사형제도)

  • Lee, cheol-ho
    • Proceedings of the Korea Contents Association Conference
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    • pp.559-566
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    • 2009
  • The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

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