• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

• The Journal of the Korea Contents Association
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• v.9 no.10
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• pp.274-283
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• 2009

To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

• The Journal of the Korea Contents Association
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• v.20 no.9
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• pp.187-194
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• 2020

The purpose of this study is to examine the effect of police investigation environment on perception toward legalization of private investigation. To enhance the completeness, this study conducted a survey on police officers in service and analyzed the survey data through statistical technique. The results for examination on how police investigation environment influence on perception toward legalization of private investigation were as follows. When the 'work burden from long-term cold case' composing the police investigation environment is high, the police officer highly evaluated the growth potential of private investigation, showed positive perception toward private investigation market, and showed intention for re-employment at private investigation agency after retirement. When the police officer experiences more difficulties from 'investigation other than criminal case', the police officer highly evaluated the growth potential of private investigation and showed intention for re-employment at private investigation agency. In addition, when the police officer thinks that there are a lot of difficulties for "Limited investigation on specialized area", the police officer showed positive perception toward growth potential of private investigation and private investigation market. In addition, police investigation environment showed significant result on legalization of private investigation. The result also verifies that as the difficulty of crime investigated by the police is getting higher quantitatively and qualitatively, it is necessary to introduce private investigation system which is specialized and able to investigate for a long time. This study hopes that this study result would be utilized as the grounds in signing the bill for introducing the private investigation system.

• Korean Security Journal
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• no.34
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• pp.185-207
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• 2013

Nowadays, national criminal policy focuses on "specialization", "advancement", and "choice and concentration" to enhance the efficiency and effectiveness of public peace services. Consequently, the space that a nation manages diminishes and there appears vacant space of security. For that reason, in most developed countries including South Korea, there has been a significant expansion in the size and role of Private Security(PS). From this point of view, the Japanese government has adopted the PFI(Private Finance Initiative) system in private prisons. These cases clearly show the role and significance of "PS". By applying know-how of the private sector, these PFI prisons make efficient use of installation by the united efforts of government and people. Criteria such as solution for risk baring, regional coexistence, preservation of public security, response management and operating skills are considered important particularly in Kitsuregawa and Harima prisons. Thus, this study examines the implications and applicability for the expansion of PS in South Korea.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.336-345
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• 2020

Vessel Traf ic Services (VTS) is a system for ship safety and accident prevention. The International Maritime Organization (IMO), the International Association of Marine Aids to Navigation and the Lighthouse Authorities (IALA) established regulations related to VTS from an early stage. On December 3, 2019, South Korea enacted a special act called the "Act on Vessel Traffic Services (VTS Act)," which will take ef ect on June 4, 2020. In this paper, the background of this act's enactment is examined and its provisions are critically reviewed. In particular, the study intensively examines the reasons the immunity provisions for the VTS operator were removed and the current direction of improvements to the VTS Act is presented in terms of its feasibility. Most countries that do not have an Act related to VTS and its operator, refer to that of Korea. Therefore, it is necessary to reinforce the structures and definition of the VTS Act, as well as the immunity provisions for the VTS operator. The latter were removed during the National Assembly's legislation process, but were included in the initial bill, and should be reflected in subsequent revisions of the VTS Act.

• Convergence Security Journal
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• v.17 no.3
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• pp.73-81
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• 2017

In April 2009, in the wake of President Obama's Prague speech, the international community held four nuclear sec urity summits from 2010 to 2016 to promote nuclear security and prevent nuclear terrorism. The Nuclear Security S ummit has made significant progress in preventing terrorists from attempting to acquire nuclear weapons or fissile materials, but it still has limitations and problems. To solve this problem, the international community should resume the joint efforts for strengthening bilateral cooperation and multilateral nuclear security regime, and the participating countries should strive to protect their own nuclear materials and fulfill their commitments to secure nuclear facilitie s. Second, the United Nations(UN), the IAEA(International Atomic Energy Agency), International Criminal Police Or ganization(INTERPOL), the Global Initiative to Combat Nuclear Terrorism(GICNT), and the Global Partnership(G P) must continue their missions to promote nuclear security in accordance with the five action plans adopted at the Fourth Nuclear Security Summit. Third, the participating countries should begin discussions on the management and protection of military nuclear materials that could not be covered by the Nuclear Security Summit. Fourth, the intern ational community must strive to strengthen the implementation of the Convention on the Physical Protection of Nuc lear Material(CPPNM) Amendment and International Convention for the Suppression of Acts of Nuclear Terrori sm(ICSANT), prepare for cyber attacks against nuclear facilities, and prevent theft, illegal trading and sabotage invo lving nuclear materials.

• Korean Journal of Social Welfare
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• v.67 no.2
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• pp.113-136
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• 2015

This study is about criminal judgement of child abuse. The purpose of this study is to analyze contents and reasons for judgements about child abuse crime in detail especially focused on elements and contents of weighing of an offense and concurrent imposition and then to suggest alternatives for policies and law-enforcement for the prevention of that crime. The data were collected from 484 written judgements on 579 criminal defendants that were related to 'Violation of the Child Welfare Act' and were conducted by content analysis. The results are as follows. First, Only about 25% criminal defendants were guilty of violations of the Child Welfare Act were sentenced to imprisonment and the rest of them(about 75%) were merely sentenced to probation of imprisonment or fined. Second, Proportion of prison sentence or period of jail time have not been increased in spite of public indignation and upward of statutory punishment by legislation. Third, in the case of child sexual abuse, there are frequent cases in which concurrent imposition was not put, regardless of explicit statement in the related laws. Last, this study revealed that some mitigation factors of sentence that have been identical to crimes against adult have been applied to child abuse crime uncritically, for example agreement and regret and so on. On the basis of such results, this study proposed policy alternatives for prevention of the recurrence of child abuse, i.e. intrinsic standard of weighing of an offense, concurrent imposition to perpetrators of child abuse and so on.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.125-151
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• 2015

South Korea's medical system has dual systems-that is, Oriental and Western Medicine. Both are different from method for diagnosis or treatment of diseases and Scientific principle. Of the characteristics of Oriental medical practice in comparison with Western medical practice, notably, it is difficult to acknowledge specific constitutions, Oriental medical doctors' discretion is broad, and Oriental medical practice has a low invasiveness. Thus, it is difficult to acknowledge human specific constitutions when grounded on Oriental medical principles, thereby making it difficult for Oriental medical doctors to argue such specific constitutions as a means of defending against their medical negligence. And, it is difficult to prove Oriental medical doctors' negligence because Oriental medical doctors' scope of discretion is broad. Collaboration of Oriental medicine and western medicine can diagnose and treat the patient's diseases from a different viewpoint, making both medicines complementary. Oriental medicine and western medicine are independent of each other, equal, thus making them divided horizontally. Horizontal medical service division involves the principle of trust, but the principle of trust does not always apply to Oriental medicine and western medicine, because if patients shift from one area of medicine to another, the scientific principle, diagnostic method and treatment method of that medical area should be different. Application of the principle of trust to both of them needs to be analyzed according to types of medical institutions where transfers occur, and to the scope of work division between them.

• Convergence Security Journal
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• v.17 no.4
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• pp.39-47
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• 2017

In the Republic of Korea, punishment of conscientious objectors is rising as a social issue once again. Large number of news articles on the punishment of conscientious objectors are updated on portal sites several times a day. The background for this phenomena is based on the disagreement between the Supreme Court and the Constitutional Court. The Constitutional Court has ruled that it is constitutional for the government to punish conscientious objectors who denied their service for religious belief according to the Clause 1 of the Article 88 of the Military Service Law. However, district courts have taken different stance in the lower instance. 6 rulings in 2015, 7 rulings in 2016, and 16 rulings in the first half of 2017 has declared the conscientious objectors as not guilty. At the same time, the issue is becoming more controversial as the Jeju District Court has made two different rulings on the punishment of conscientious objectors who denied their military service for religious belief. Therefore, the study aims to find out whether conscientious objection can be included as a reasonable cause under the Clause 1 of the Article 88 of the Military Service Law, and take thorough review on the interpretation and the application of Article 18 of the Human Rights Covenant by examining the rulings at the Supreme Court, Constitutional Court, and District Courts.