• Title, Summary, Keyword: 형사사법활동

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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.

Improvements about Problem of Criminal Mediation System (형사조정제도의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.16 no.6
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    • pp.550-562
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    • 2016
  • Criminal Mediation System in Korea, it did pilot operation by Crime Victim Support Centers such as Daejeon and other two District Prosecutors' Office in April 2006. And starting 2007, Crime Victim Support Centers and Criminal Mediation System conducted from 57 District Attorney's Office and Branch Offices and now 2016, Criminal Mediation System is operated in all the District Attorney's Office. On the other hand, the Attorney General's Office established the 'Criminal mediation practical operating instructions' in October 2009 and created its legal basis at "Crime Victims Protection Act" in September 2010. It seems that the criminal mediation have to operate as the direction for supporting crime victims recovery. However, it seems that the overall infrastructure of the criminal mediation system is built. But I have experienced this through G Attorney's Office as a Criminal mediator activity from 2007 to 2016 now, some issues have emerged such as weak on personal safety in criminal mediation room, etc. Thus, in this paper, I will examine the problems about this and propose improvements of criminal mediation system to fit the practical criminal mediation.

The Theoretical Factors of North Korean Refugees' Willingness to Report Crime: Based on the Legal Cynicism, the Procedural Justice, and the Behavior of Law Theory (북한이탈주민의 범죄신고 의지에 영향을 미치는 요인에 대한 연구 - 법적 냉소주의 모형, 절차적 정당성 모형 및 법행동 모형을 중심으로 -)

  • Hong, Seongju;Kim, Juhee;Hwang, EuiGab
    • Korean Security Journal
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    • no.59
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    • pp.161-188
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    • 2019
  • Not much is known about the factors of North Korean refugees willingness to report crime. Based on the survey of 800 North Korean refugees living in the metropolitan area of South Korea, this study examined the theoretical factors influencing North Korean refugees' willingness of reporting crime. Focusing on the legal cynicism, procedural justice, and the behavior of law theory, this research verified that procedural justice model is most important in explaining their willingness to report crime. Variables under procedural justice model(i.e., perceived fairness of the law, confidence in the law, and perceived necessity of the law) were significant in an expected direction. On the other hand, most of the hypotheses based on social conditions derived from the five types of stratification, morphology, culture, organization, and social control presented by Donald Black (1974) showed no significant effects on the intent to report crime among North Korean refugees. Implications for research and policies were discussed based on the findings.

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Study on Legal Position of Aviation Security Subject in Aviation Safety and Security (공항보안요원의 법적 지위에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.157-179
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    • 2006
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

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Unnatural Dead Body Treatment by Police -Centering on Japanese Police System- (경찰의 변사자 처리에 관한 연구 -일본경찰제도를 중심으로-)

  • Lee, Sang-Won;Lee, Seung-Chal
    • The Journal of the Korea Contents Association
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    • v.11 no.8
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    • pp.239-246
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    • 2011
  • Korea has a problem in treating unnatural dead bodies; law enforcement police officers have a difficulty in analyzing an accurate cause of a death, for they are not specialized in autopsy. But they must take charge of the affair at a spot for the first time. Sometimes this may give an indulgence to a killer. It results in generating an unjust victim. So, a police activity in response to an unnatural dead body must be improved surely. As a response to it, this thesis scrutinizes the unnatural dead body treatment under the Japanese police system, taking a continental law, which has a legal structure similar to our's, and on the basis of it presents a suggestion in response to an unnatural dead body by Korean police. First, the system on treating the unnatural dead body has to be severe. Second, police engaging in treating the unnatural dead body have to take the education on treating dead bodies more deeply. Third, implements on treating dead bodies have to be secured.

A Study on the Industrial Security Policies in Germany (독일의 산업보안 정책과 시사점)

  • Lee, Sung-Yong
    • Korean Security Journal
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    • no.38
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    • pp.57-82
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    • 2014
  • The purpose of this paper is to introduce the industrial security policies in Germany and to look for the implication for the development of korean industrial security. Due to highly developed economy and industrial technology, Germany has become the main stage for the industrial espionage for a long time. In Germany industrial espionage is classified into two categories; Economy-espionage and Competition-espionage. While economy-espionage is related to the Espionage of foreign intelligence agencies, Competition-espionage means the act of espionage, that is implemented by the private sector. When it comes to economy-espionage, prevention of economy-espionage is the duty of the State, because it threat the national interest. Otherwise, the private sector has to take the responsibility of prevention of competition-espionage. It goes without saying that, the state has to investigate the crime, when espionage happens. But Prevention is more important than investigation in this regard. For the realization of Public-Private-Partnership, the private sector should be the genuine counterpart of the Public through the sharing responsibility of industrial-espionage prevention. Another talking point this paper suggest, is the national ethic in connection with economy-espionage. The State could be not only a actor of espionage prevention, but also a perpetrator. The economy-espionage for the purpose of national interest would not be justified, unless it has nothing to do with national security.

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A Study on Police Officers' Awareness Of Counter-Terrorism - Focused on the Comprehensive Emergency Management Model - (경찰공무원의 대테러리즘 인식에 관한 연구 - Comprehensive Emergency Management Model을 중심으로-)

  • Joo, Seong Bhin
    • Convergence Security Journal
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    • v.17 no.3
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    • pp.103-114
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    • 2017
  • Terrorism is a serious problem in that it can infringe on a broad range of legal interests, from individual legal interests to national legal interests. And if these legal values are damaged, it is very unlikely that they will be restored to their original state. Therefore, it is necessary to recognize the importance of preventive activities as well as institutional improvement and alternative policies. The role of the criminal justice authority is of paramount importance in ensuring proactive action and procedural legitimacy. It would be meaningful to look at their perception about terrorism before specific procedures and legal approaches are taken. A Study is related terrorism awareness of police officers - focused on 'Comprehensive Emergency Management Model'. Four phases of Comprehensive Emergency Management Model: mitigation, preparedness, response, and recovery.

A Study on Introduction of Private Investigation (민간조사(탐정)제도의 도입방향 - 경비업법 개정을 중심으로 -)

  • Lee, Sang-Won
    • Korean Security Journal
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    • no.17
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    • pp.235-253
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    • 2008
  • In the developed countries, the private investigation system which is part of private security has developed together with police, and OECD countries except South Korea has developed the private investigation system establishing by the Private Investigation ACT. In Korea, there was several attempt to establish the Private Investigation ACT but it was not accomplished because of private security circumstances. In this study, the chapter Iis introduction, theoretical background is in chapter II, chapter III is the operation of private investigation of the developed countries, analysis and direction of the Private Investigation ACT in chapter IV, and conclusion in chapter V. To introduce the private investigation system, it is required to discover the problem of the Private Investigation ACT mentioned in this article and to develop the private investigation system by collecting the opnion of citizen, academic world, and the related agency. It is necessary to associated interest and effort of citizen, academic world, and the related agency for introdection of the private investigation system.

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A study on the Improvement of Private Investigators System in Korea (한국 민간조사제도의 발전방향: 시험제도와 교육훈련 중심(中心)으로)

  • Lee, Sang-Won;Park, Yun-Kyu
    • Korean Security Journal
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    • no.14
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    • pp.337-365
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    • 2007
  • The society shows rapid change throughout various fields in the 21 century. These changes are in progress in Korea as well and the private security field is not in exception. The private security system has socially effective function by providing services, which the police cannot provide to citizen. However, it cannot be treated rightly the possibility of violation of human right during the actual action. The qualified person at least should take private investigation service considering privatization of criminal justice and considering that the Private Investigation Act submitted to the Congress could not affect its investigation authority to the citizen currently. The purpose of this study is examination of the private investigation system in Korea and other country and is presentation of its improvement. The chapter 1 composed of introduction on chapter 1, concept and service in chapter 2, private security system in other countryin chapter 3, private security system in chapter 4, problems and its improvements in chapter5, and conclusion in chapter 6. It requires not only consideration of government but also consideration of citizen and effort of both sidesto successful settlement of private security system in Korea.

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Recruitment and Selection of Police Officials in the United States -the System and it's Implications- (미국 경찰관 모집·선발제도의 특징 및 함의)

  • Park, Dong-Kyun
    • The Journal of the Korea Contents Association
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    • v.11 no.5
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    • pp.384-392
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    • 2011
  • Recruitment and selection are separate but mutually reinforcing processes. The goal of recruitment is to attract the largest number of applicants possible to apply to the agency, and selection is the process of weeding out unqualified candidates and identifying qualified candidates. In this context, the recruitment and selection system of police officials is an important issue because it affects their future performance as police officers on the job, especially their policing skills, perception of society, occupational ethics. This study suggested the characteristics of U. S. recruitment and selection system of police officials. In the U. S, each police agency sets up its own recruitment and selection standards and procedures. However, recruitment and selection process follows a certain sequence : receiving application, psychological examination, background check, polygraph test, drug screening, interview, physical agility, and medical test. Special characteristic of American police system regarding recruitment and selection is that many law enforcement agencies use a polygraph test to ensure the integrity of the candidates. Another interesting screening process is a drug test because many Americans abuse illegal drugs. A candidate officer must submit urine or a hair sample for screening test. Police human resources specialists should continually identify the most innovative tests and approaches recruit and select police officers. Recruitment and selection strategies should increasingly attract and retain those officers who have the attributes to work in a community-oriented policing environment.