• Title/Summary/Keyword: 형사

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Unnatural Dead Body Treatment by Police -Centering on Japanese Police System- (경찰의 변사자 처리에 관한 연구 -일본경찰제도를 중심으로-)

  • Lee, Sang-Won;Lee, Seung-Chal
    • The Journal of the Korea Contents Association
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    • v.11 no.8
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    • pp.239-246
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    • 2011
  • Korea has a problem in treating unnatural dead bodies; law enforcement police officers have a difficulty in analyzing an accurate cause of a death, for they are not specialized in autopsy. But they must take charge of the affair at a spot for the first time. Sometimes this may give an indulgence to a killer. It results in generating an unjust victim. So, a police activity in response to an unnatural dead body must be improved surely. As a response to it, this thesis scrutinizes the unnatural dead body treatment under the Japanese police system, taking a continental law, which has a legal structure similar to our's, and on the basis of it presents a suggestion in response to an unnatural dead body by Korean police. First, the system on treating the unnatural dead body has to be severe. Second, police engaging in treating the unnatural dead body have to take the education on treating dead bodies more deeply. Third, implements on treating dead bodies have to be secured.

Legal framework and practices of public order management in England and Wales (잉글랜드와 웨일즈의 공공질서 관리 관련 법적 틀 및 법집행 형태)

  • Jung, Jeyong;Ellis, Tom
    • Korean Security Journal
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    • no.54
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    • pp.203-222
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    • 2018
  • Public order management is one of the most important areas in policing. Drawing on the legal framework and policy, this study aims to assess practices of criminal justice practitioners, especially, police and prosecutors, in England and Wales. Using qualitative interviewing, four main themes are identified: (1) an emphasis on a right to protest, (2) police practices on public order management, (3) the development of police/prosecutor liaison, and (4) the value of video evidence. Based upon these findings, several legal, policy and practice implications are drawn. These implications involve a wide range of aspects concerning strategic, operational, and tactical interventions by the police, as well as collaboration between police and prosecutors. Although the criminal justice context in England and Wales is very different to South Korea, some practices and distinctions can be useful to consider in the Korean context. This study suggests that more gains can be made if legislation, policy, and practice across criminal justice nodes can be coordinated and approached holistically.

A Criminal Responsibility of Aid by 119 Rescuer (119구급대원의 응급구급활동과 관련한 형법적 책임)

  • Yoon, Sang-Min
    • Fire Science and Engineering
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    • v.20 no.4 s.64
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    • pp.77-90
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    • 2006
  • This is for Criminal Law problem that can be happened during the rescue working of 119 rescue member. There are mainly 3sections can be Criminal Law Problem. At first, denying a rescue request. Second, thing that do not transfer patient or people need someone's help by their refusal. Third, emergency medical management. It can be criminal act if somebody do the 3sections thing under Law about emergency medical treatment. It also can be homicide under Criminal Law or accidental homicide, a charge of injuring a person if people need rescue die or become worse through the work. Rescuers are responsible for a criminal case by their carelessness and fault. A plan has to remain to protect them when they do violence to the life and health of a people inevitably. This paper examines the plan can protect them through the analysis and application of related Law about rescuer's work which can be Criminal Law Problem, presents rational establish plan of Rescuer Protect Law to make them their job well as a rescuer.

Director's Self-Dealing and Criminal Liability (주식회사(株式會社) 이사(理事)의 자기거래(自己去來)와 형사책임(刑事責任))

  • Lee, John-Girl;Kim, Pyung-Key
    • The Journal of the Korea Contents Association
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    • v.9 no.9
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    • pp.210-217
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    • 2009
  • Discussions about unfavorable acts of corporations in managing activities include many legal considerations. In general cases, first of all, legality of the given acts should be verified. If they are judged to be illegal in their procedures, whether it is possible to assert nullification for the acts by the corporation law or not should be examined. Next, the claim for damages against the actors should be considered. After that, whether the actors have criminal liability or not should be discussed. In this case, it is difficult and complicated to judge what clauses of the Criminal Code in the substantive law apply to the unfavorable acts. when the director's business judgement in the long run causes the corporation to be unprofitable or suffer damage, the Question of whether criminal punishment can be imposed on the director is a very important one requiring careful consideration.

Loss of Lives caused by Ship Accidents and Corporate Criminal Liability (해양 선박사고로 인한 인명피해와 기업의 형사책임 - 영미의 사례 및 세월호 침몰사건과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.6
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    • pp.721-729
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    • 2014
  • The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

Research on criminal policy measures for the prevention and management of infectious diseases: Focusing on Mers (감염병 예방관리를 위한 형사정책적 대응에 관한 연구: 메르스를 중심으로)

  • Suh, Kyung-Do;Choi, Jung-Il;Choi, Pan-Am
    • Journal of Industrial Convergence
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    • v.18 no.6
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    • pp.9-17
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    • 2020
  • COVID19 is causing many fundamental phenomena all over the world. Since January 2020, the number of confirmed medical examinations has increased significantly worldwide, and the medical systems in each country have become paralyzed. South Korea has taken a proactive approach and is doing well, befitting the name K-Peace Prevention. However, it can be said that there is still a lack of awareness of legal and administrative limits. In this study examines the shortcomings and limitations of the laws relevant to the current infectious disease prevention and management systems from the perspective of criminal policy based on the "Infectious Disease Control and Prevention Act," and comparatively analyzes the laws in advanced countries to propose effective and practical criminal policy response measures for the prevention and control of infectious diseases.

Discussion On the Status and Improvements For Technology Leakage Crimes: Based on Acquittal Case (기술유출 형사사건의 처리 실태와 개선 고려사항 논의: 무죄사건을 중심으로)

  • Kyung Joon Hwang;Hun Yeong Kwon
    • Convergence Security Journal
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    • v.22 no.3
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    • pp.41-55
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    • 2022
  • As the importance of technology protection is emphasized day by day, various protection measures are being carried out to protect technology. But attempts to leak technology are continuing. As an alternative to this, stronger punishment is socially required for technology leakage crimes. In response to these social demands, the standard for punishment has been steadily raised. Legislative bills containing additional reinforcement are still pending in the National Assembly. However, in order to substantially enhance the deterrence against crime, it is not enough to strengthen the punishment standards. The effect can only be fully exercised when the certainty of punishment increases. Therefore, this paper focused on seeking ways to increase the certainty of punishment under the current system rather than the reinforcement of the punishment itself. The purpose of this study was to derive the reason why the innocence rate in technology leakage criminal cases is higher than that of general criminal cases by analyzing cases and causes of innocent cases in technology leakage criminal cases. Based on this, I discussed improvement considerations to reduce unfair acquittal cases.