• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.26-32
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• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Korean Security Journal
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• no.21
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• pp.177-199
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• 2009

In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.