• Korean Journal of Forensic Psychology
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• v.12 no.2
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• pp.171-197
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• 2021

The purpose of this study is to examine empirically how the lay people judge self-defense and what factors could affect it. A total of 651 participants aged 20 years and over were asked to answer, attitude toward interpersonal violence, and legal attitude questionnaire, all divided by the type of self-defense. Participants were assigned one of the three types of situations that were claimed to be self-defense, and were given articles and scenarios related to each type of self-defense before making self-defense judgments. In addition, the impact of personal factors on self-defense judgment was analyzed after the legal attitude, and the attitude toward interpersonal violence, which are personal factors, was also measured. The results showed that the rate of recognition of self-defense was the highest in the type of self-defense for oneself, but the rate of denial of self-defense against state agencies was much higher, indicating the opposite. Furthemore, negative articles on self-defense were found to affect the judgment of self-defense. In addition, it was found that the level of the attitude toward interpersonal violence and legal attitude of individual participants could affect the judgment of self-defense. The general public's judgment process and the factors that affect self-defense judgment may be considered to prevent biased judgment in actual jury trials. Finally, influence, and limitations of this study and suggestions of subsequent study were also discussed.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.