• Journal of the Society of Disaster Information
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• v.18 no.2
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• pp.333-342
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• 2022

Purpose: This study proposes a plan for linking the Severe Accident Punishment Act and the Occupational Health and Safety Management System so that SMEs can meet the requirements of the Severe Accident Punishment Act only by maintaining and implementing the Occupational Health and Safety Management System. Method: Conduct a theoretical approach, such as a literature review. First, as a theoretical approach, the safety and health management system of the Serious Accidents Punishment Act was examined, the requirements of ISO 45001 were analyzed, and the statistics of small and medium-sized enterprises (SMEs) from 5 to 49 to which the 2024 Serious Accidents Punishment Act was applied and the number of accident deaths were investigated. Result: No problems were found in linking with the Serious Accident Punishment Act when constructing Occupational health and safety management systems (ISO 45001). Conclusion: It is judged that the establishment of Occupational health and safety management systems (ISO 45001) and management of implementation performance will be able to satisfy the Act on the Punishment of Serious Disasters.

• Journal of the Korea Institute of Construction Safety
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• v.5 no.1
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• pp.25-30
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• 2023

The Serious Disaster Punishment Act, which has been in effect since January 27, 2022, requires employers or management managers who neglect safety measures to be punished by imprisonment for more than one year in the event of a serious disaster. As this Act on the Punishment of Severe Disasters came into effect this year, it has received a lot of attention from society. According to experts, most of the opinions are that the bill was created focusing on increasing punishment for companies, contrary to the original purpose of the bill to reduce the safety accident rate. This study confirmed whether these contents were true through case studies, and if this continues, the conflict between companies and workers will intensify and the safety accident rate will not decrease. Therefore, this study does not unconditionally increase corporate punishment, but compares many situations through surveys and suggests a way for companies and workers to cooperate with the Critical Accident Punishment Act to reduce the safety accident rate.

• 월간 기계설비
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• s.265
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• pp.38-43
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• 2012

건설산업기본법이 지난 6월 1일 개정되어 시행에 들어갔다. 이번에 개정된 건설산업기본법은 부실 부적격 업체에 대한 제재 강화로 건설업 등록 결격사유 및 말소 기준 등이 강화됐고, 과징금이 상향조정됐으며 과태료 대상도 추가됐다. 본지는 설비건설업을 영위하는 회원사들이 주의하지 않으면 불이익을 받을 수 있는 각종 위반 기준 및 처벌에 관한 내용을 게재한다.

• Proceedings of the Korea Contents Association Conference
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• 2014.11a
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• pp.239-240
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• 2014

2014년 9월 29일부터 아동학대 가해자에게 무기징역까지 처벌을 강화하고, 친권 제한도 가능케 한 '아동학대범죄의 처벌 등에 관한 특례법(아동학대처벌법)'이 시행되고 있다. 동법의 내용으로는 기존 형법상 '3년 이상의 유기징역'에 집행유예가 가능한 학대치사죄에 대해 법정형을 '무기 또는 5년 이상의 징역'으로 높이고 별도의 감경사유가 없는 한 집행유예가 불가능하도록 했다. 아동학대 가해자가 친권자라는 이유로 피해아동을 격리시키기 힘들었던 점을 개선하기 위해 친권을 제한할 수 있는 길을 터놓았다. 부모(친권자)가 중상해를 입히거나 상습적으로 학대한 경우엔 검사가 법원에 친권상실을 청구해야 하며, 검사가 하지 않으면 아동보호전문기관의 장이 청구를 요청할 수 있도록 했다. 본고에서는 아동학대의 실태를 기초로 하여, 아동학대처벌법의 내용과 문제점을 살펴보기로 한다.

• Journal of Korean Philosophical Society
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• v.145
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• pp.351-380
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• 2018

In every society, citizens must decide how to punish criminals, uphold the virtue of justice, and preserve the security of the community. In doing so, the members of society must ask themselves how they will punish those who carry out the most abhorrent of crimes. Many common responses to such a question is that death is an acceptable punishment for the most severe crimes. But to draw some theoretical distinction between a crime that deserves incarceration and a crime that is so heinous that it deserves capital punishment is subject to three errors. First, what possible line could be drawn? To decide on a particular number of deaths or to employ any standard would be arbitrary. Second, the use of a line would trivialize and undermine the deaths of those whose murderers fell below the standard. Third, any and all executions still are unjust, as the State should not degrade the institution of justice and dehumanize an individual who, although he or she has no respect for other human life, is still a living person. Simply put, all murders are heinous, all are completely unacceptable, and deserve the greatest punishment of the land; however, death as punishment is inappropriate. Also, while this article arrives at the conclusion that the death penalty is an inappropriate form of punishment, I have not offered an acceptable alternative that would appease those who believe capital offenders deserve a punishment that differs in its quality and severity. This is a burden that, admittedly, I am unable to meet. I finally conclude that the death penalty is unjustified retribution. This is the only claim that can effectively shift the intellectual paradigms of the participants in the debate. The continued use of the death penalty in society can only be determined and influenced by the collective conscience of the members of that society. As stated at the outset of this article, it is this essentially moral conflict regarding what is just and degrading that forms the backdrop for the past changes in and the present operation of our system of imposing death as a punishment for crime.

• Journal of the Society of Disaster Information
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• v.18 no.3
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• pp.660-671
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• 2022

Purpose: This study is intended to confirm the business disruptive risk in the Serious Accidents, and propose a plan to comply with the Serious Accidents Punishment Act through the Disaster Mitigation Activity Management System. Method: Through literature review and case studies, the requirements and characteristics of each of the Serious Accidents Punishment Act, the Disaster Mitigation Activity Management System, and ISO 45001 were compared and analyzed, and implications were derived. Result: The business disruption and financial adverse effects caused by industrial accidents were identified. Based on this and by using the Disaster Mitigation Activity Management System, measures to link the documentation requirements of the the Serious Accidents Punishment Act to the Disaster Mitigation Activity Management System, and to manage the implementation records of the Serious Accidents Punishment Act's duty were derived. Conclusion: When establishing and operating the Disaster Mitigation Activity Management System, it can not only comply with the Serious Accidents Punishment Act but also contribute to maintaining business continuity and ESG management through the prevention of various disasters and the minimization of secondary damage, etc.

• Journal of the Society of Disaster Information
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• v.19 no.2
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• pp.372-382
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• 2023

Purpose: Suggests measures to improve the construction company's safety management system according to the enforcement of the Severe Accident Punishment Act. Method: The effectiveness of practice-oriented disaster prevention activities was analyzed through safety and health diagnosis of the level of safety and health management system for the countermeasures against the Severe Accident Punishment Act implemented at the construction site and headquarters. Result: The effect of reducing the accident rate and the advancement of the safety and health management system were analyzed by linking the Severe Accident Punishment Act with the safety and health management system, and a plan to improve the safety and health management system was presented through the analysis of the comprehensive results of safety activities before and after the implementation of the Severe Accident Punishment Act. Conclusion: The effect of practical performance measurement was manifested through the improvement of business owners' awareness, the expansion of investment for disaster prevention, and the quantification of disaster prevention activities according to the enforcement of the Severe Accident Punishment Act.

• The Journal of the Korea Contents Association
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• v.22 no.3
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• pp.538-546
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• 2022

For the recent 5 years, the trends showed that the child abuses by parents was declined while that by child care teachers and principals, employees in child welfare institution was increased. In particular, significant increase of child abuses by child care teachers and principals should be paid attention more than the abuse by the others. The government had already enacted the Act on Punishment against Child Abuses in 2014 to respond and prevent from child abuses strongly. However, as the cases of child abuses continued, questions were raised on the effectiveness of the regulation or whether the court performed well to play a role to punish the assailants of child abuses by amended regulations was suspected. This study is aimed to review the application cases of the Act on Punishment against Child Abuses through the precedents of child abuses in child care centers and to analyze how the punishments to assailants have been changed compared to application of Child Welfare Act. This study has the meaning to grasp the incompleteness of legal application on the child abuse cases and provide the basic data to improve the legal and system.

• Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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• 2002.11a
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• pp.341-346
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• 2002

본 논문에서는 최근 급격하게 증가하고 있는 해킹, 컴퓨터바이러스 유포 등 각종 전자적 침해행위, 개인정보의 광범위한 수집과 오·남용, 음란·폭력정보의 범람, 익명성· 비대면성을 악용한 인권 침해행위 및 신종 사이버범죄 등의 정보화 역기능에 대처하기 위한 국내 컴퓨터범죄관린 처벌법규가 제·개정시 강화되어 어느 정도 효과적으로 대응할 수 있게 되었으나 국내외 컴퓨터범죄관련 처벌법규 체계를 조사·분석하여 관련 법·제도의 개선방향을 제시한다.

• Proceedings of the Korean Society of Computer Information Conference
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• 2015.01a
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• pp.85-87
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• 2015

스토킹현상을 신종범죄로 규정하고 스토커 처벌에 관한 내용을 입법화하려는 움직임은 미국에서 1990년 캘리포니아주에서 '스토킹방지법'이 제정됨을 시작으로 1999년에 50개주 및 콜롬비아 특별구까지 입법화되었다. 이에 반해 우리나라는 1999년 스토킹 규제 관련 법안이 발의된 이후 제18대 국회까지 4개의 법안이 발의되었으나 입법화되지 못하였고 다만 2013년에 개정된 경범죄 처벌법에 의해 미미한 처벌규정만을 두고 있다. 현재 제19대 국회에는 스토킹 규제에 대한 법안이 발의되어 있고 이에 대해 많은 논의들이 진행되고 있고 우리나라도 스토킹 행위에 대한 효과적 대응과 피해자의 보호를 위한 과련 법 도입이 절실하다.