• Title/Summary/Keyword: 형사사법

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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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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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Improve the Administrative Death Investigation System (행정검시제도 개선방안)

  • Kim, Heon-Jin
    • The Journal of the Korea Contents Association
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    • v.12 no.2
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    • pp.276-283
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    • 2012
  • Current Administrative Death investigation system is have many problems. Almost local governor don't exercise about administrative death investigation authority. Thus, prosecutors have to many decisions about judicial death investigation authority. Consequently, these vicious cycle is repeated. There is not clear regulations about scope for judicial death investigation. Discussed in this paper improve the Administrative Death investigation system are as follows : First, the uniform act of death investigation is have to legislated. Second, the scope for death investigation is clearly legalized. Medical examiner is must administrative death investigation according to the law. Also prosecutor can order to judicial autopsy to medic examiner. Third, Administrative Death investigation rules should be clarified. Introduce a Medical Examiner System Korean Administrative Death Investigation system centered on prosecutor and judicature who are not a specialist in pathology or forensic medicine. Lacking in professional understanding cause less accuracy of Administrative Death Investigation. To overcome limitations and problems of our Administrative Death Investigation system is suggested to introduce a Medical Examiner system.

A Analysis of Q-methodological Preference Degree about the Subjects on School Curriculum Related to the Police & Security Administration - Centering around the Subject of Study on Gwang Ju and Jeon Nam Region - (경찰 및 경호 관련학과 전공교과목에 대한 Q방법론적 선호도 분석)

  • Kim, Pyong-Soo
    • Korean Security Journal
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    • no.28
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    • pp.33-56
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    • 2011
  • This study is to practice a analysis of Q-methodological preference degree about the subjects on school curriculum centering around the views of the policemen in active service who are with Gwang Ju and Jeon Nam region. Concretely, this study mixed the subjects on school curriculum related to the police administration of universities located in Gwang Ju and Jeon Nam region and abstracted the twenty seven items as the final question point. Above this, this study integrated the similar or repeated subjects and drew up the question items through seperation process among the different subjects. After this, this study selected the twenty policemen as a first P-sample in active service presently on fourth month in the year 2011. In this process, this study eliminated the materials of six policemen who replyed unhonestly and selected the materials of ten-four policemen as a final effective sample. Furthermore, this study applicated a principal component analysis. This study practiced the I.II.III types of a preference degree analysis of the subjects related to the police administration. the concrete results are as follows: In a I type, the positive consent was showed in the subjects of criminal law, criminal procedure law, criminal speciality law and so on. In a II type, the positive consent was showed in criminal investigation science, emergency measure, the art of self-defence, criminal law, criminal procedure law and so on. In a III type, the positive consent was showed in criminal science, criminal investigation science, criminal procedure law, introduction to police science, police ethics and so on. On this basis, this study concluded the following common opinions. Firstly the actual and evidencial subjects which the policemen in active service feel as the commons were criminal investigation, criminal science, police ethics, criminal speciality law, criminal law business, police administration science, police law practice, emergency measure, the art of self-defence, general rules of civil law, administrative law and so on.

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The Protection of Criminal Victims and the Improvement of Relevant Laws (범죄피해자 보호와 관련한 법률의 개선방안)

  • Song, Kwang-Soub
    • Korean Security Journal
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    • no.13
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    • pp.235-258
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    • 2007
  • Every crime involves a victim and an offender. The offender, from the start of the criminal investigation, is considered as a suspect. After prosecution, he/she becomes the accused, and under consitutional law and criminal procedural law, has the right to enforce the contests of the acts. On the other hand, the victim or his/her family, despite being the person harmed, has very few and comparatively weak rights. To overcome this problem, the Korean criminal justice has recently recognised 'the protection and support of the victim' as a major proposition, and the police as well as the prosecutor's office have been releasing improvement plans for the protection of victims. Setting the above as the background, this thesis deals with the current victim protection acts and discusses the methods to improve them. This study will investigate a more reasonable and effective method of victim support and protection. Currently korea's laws regarding victim protection are not satisfactory, however it is fitting to say that it is certainly an external outline of what it should be. This has been due to the enforcement and creation of 'criminal victim protection' and has acted as a key to more improvements ever since. Despite this, the lack of commitment in human and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure. Despite this, the lack of commitment in human resources and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure.

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Research for the Security Studies in the Universities of U. S. A. (미국 대학 시큐리티 교육내용에 관한 연구 -한국 대학교육과 비교를 중심으로-)

  • Gong, Bae-Wan
    • Convergence Security Journal
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    • v.11 no.2
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    • pp.35-43
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    • 2011
  • In the universities of U.S.A., Criminal Justice is the interdisciplinary study of the institutions and policies that constitute the criminal justice system, as well as theories of human behavior and philosophies of justice related to the maintenance of social order, the control of crime, and the achievement of a just society. There are 103 American Universities have Criminal Justice department and they provide about 180 differents courses as a pre-requisition or optional subject in the major. The most 10 courses that those colleges adopted are Introduction to Criminal Justice, Criminal Law, Criminology, Criminal Procedures, Research Methods in Criminal Justice, Criminal Investigation, Juvenile Justice, Terrorism, Ethical Issues in Criminal Justice, Introduction to Psychology or Introduction to Sociology. Also, 10 fields more important in the major if we group together similar courses those are Criminal Justice and Procedures Sequences, Law, Justice and corrections, Theory and Methods Sequences, Homelend Security and Security Operations, Forensics and Cybercrime, Management and Administration, Police, Race and Ethnicity, General Requirements, Other Social Science Fields. The combined degree program leading to Bachelor of Arts Degree in Criminal Justice and Master in Public Administration provides a concentration in criminal justice, management, administration, and leadership. They have big different courses between USA and Korea event though they have similar educative goal and way of approach to the target in the major.

A Study on the Court Records Management System (법원기록관리체제 연구)

  • Lee, Seung-Il
    • Journal of Korean Society of Archives and Records Management
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    • v.10 no.1
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    • pp.31-53
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    • 2010
  • This paper historically examines how the management system of administrative records and court records generated in court were established, and what it's features are. Because the court exercises jurisdictional rights such as confirming the legal rights and responsibilities of Korean nationals, the court records have a unique characteristic compared to general administrative records. In particular, court records are not composed only of rulings generated in courts, but also of various records such as civil case records and criminal case records. In order to understand the legal records management system, we must first identify the method of preservation and management after these records, which have different provenance, pass the court procedures.

Liability of Tort Related to Private Security in America (미국의 민간경비관련 불법행위 책임)

  • Choi, Sun-Woo
    • The Journal of the Korea Contents Association
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    • v.8 no.1
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    • pp.39-47
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    • 2008
  • These days American private security industries has rapidly grown, and its scales(employment, expenditures) exceed the public police. American private security are based on the theories such as privatization, co-production, and build more developmental framework. But the behind of private security, its civil and criminal liabilities are more issued. In this, among the civil liabilities focused on the tort liability. In civil liabilities, contract liability is specially raised by between contractors, on the other hand tort liability is raised in general without special relationship in civil law relations. In this study, I would observe the types, conditions, protest reasons and the cases in tort generated by private security officials.

A Study on Improvement of the investigation procedure for the National Security Violators - Focused on the Rights to Counsel - (안보사범에 대한 수사절차 개선방안 검토 - 피의자 신문시 변호인 참여권 문제를 중심으로 -)

  • Yoon, Hae-Sung;Joo, Seong-Bhin
    • Korean Security Journal
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    • no.46
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    • pp.113-140
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    • 2016
  • Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

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A Study on the Types of Crime and Scalability in Metaverse (메타버스 내 범죄발생 유형과 확장성에 관한 연구)

  • Song, HyeJin;Nam, Wanwoo
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.218-227
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    • 2022
  • Purpose: In the case of cavity discovered by ground penetrating radar exploration, it is necessary to accurately predict the filling amount in the cavity in advance, fill the cavity sufficiently and exert strength to ensure stability and prevent ground subsidence. Method: The cavity waveform analysis method by GPR exploration and the method using the cavity shape imaging equipment were performed to measure the cavity shape with irregular size and shape of the actual cavity, and the amount of cavity filling of the injection material was calculated during rapid restoration. Result: The expected filling amount was presented by analyzing the correlation between the cavity size and the filling amount of injection material according to the cavity scale and soil depth through the method by GPR exploration and the cavity scale calculation using the cavity shaping equipment. Conclusion: The cavity scale measured by the cavity imaging equipment was found to be in the range of 20% to 40% of the cavity scale by GPR exploration. In addition, the filling amount of injection material compared to the cavity scale predicted by GPR exploration was in the range of about 60% to 140%, and the filling amount of the injection material compared to the cavity size by the cavity shaping equipment was confirmed to be about 260% to 320 Purpose: The purpose of this study is to examine the types of crimes taking place in the metaverse, and to establish a crime prevention strategy and find a legal deterrent against it. Method: In order to classify crime types in the metaverse, crime types were analyzed based on the results of previous studies and current incidents. Result: Most of the crimes taking place in the metaverse are done in games such as Roblox or Zeppetto. Most of the game users were teenagers. Looking at the types, there are many teens for sexual crimes, violent crimes, and defamation, but professional criminals are often included in copyright infringement, money laundering using virtual currency, and fraud. Conclusion: Since the types of crimes in the metaverse are diverse, various institutional supplementary mechanisms such as establishment of police crime prevention strategies, legal regulations, and law revisions will have to be prepared.