• Title/Summary/Keyword: Criminal

Search Result 824, Processing Time 0.024 seconds

Whether to put on Criminal convictions on the medical examination records prepared by medical personnels - Sentenced by November 24, 2005, by The Supreme Court, Precedent case no. 2002DO4758 - (의료인의 진료기록부 등 허위작성시 형사처벌 가부 - 대법원 2005. 11. 24. 선고 2002도4758 판결 -)

  • Park, Kyong-Chun
    • The Korean Society of Law and Medicine
    • /
    • v.8 no.1
    • /
    • pp.107-135
    • /
    • 2007
  • In preparation of the medical examination records, the failure to correctly write the taken medical behaviors on the medical examination records, is subject to criminal conviction due to the breach of the Article 21-1. The false or overstated writings on the medical examination records is subject to the same punishment due to the Article 21-1, which $\underline{additionally}$ may lead to the administrative measures such as the suspension of license according to Article 53-1. The interpretation is considered as proper in light of the function of the medical examination records, hazard to the patients, and the doctors' ethics. In light of the attitude of The Supreme Court for the preparation obligation of the medical examination records specified in the medical law Article 21-1(Purport : The doctors may continue to use their opinions on the patient's status and treatment process on the medical examination records, may provide the proper information to other medical staff, and ought to specify the details enough to decide the appropriateness of such medical behaviors after the recent treatment.), the false writings of the doctors on the medical examination records of the non-treated patient as faithfully treated one during the entire period before the present hospitalization, will be regarded as the fulfillment obligation of the preparation of the medical examination records in the medical law Article 21-1.

  • PDF

A Study on the Violation of Probation Condition Determinants between Sex Offenders and Non-Sex Offenders (성범죄자와 일반범죄자의 보호관찰 경고장 관련 요인 비교)

  • Cho, Youn-Oh
    • Korean Security Journal
    • /
    • no.43
    • /
    • pp.205-230
    • /
    • 2015
  • This study aims to compare the differences of crucial factors that are associated with probation warning tickets between sex offenders and non-sex offenders in South Korea. Serious high-profile cases have occurred in recent years which resulted in public and political conners for successful sex offender management and monitoring strategy through community corrections. The official response has been to initiate a series of legislative probation and parole measures by using GPS electronic monitoring system, chemical castration, and sex offender registry and notification. In this context, the current study is designed to explore the major factors that could affect the failure of probation by comparing the differences between sex offenders and non-sex offenders in terms of their major factors which are related to the failure of probation. The failure of probation is measured by the number of warning tickets which would be issued when there is the violation of probation conditions. The data is obtained from Seoul Probation office from January, 29, 2014 to February, 28, 2014. The sample number of sex offenders is 144 and the number of non-sex offenders is 1,460. The data includes the information regarding the offenders who completed their probation order after they were assigned to Seoul Probation in 2013. Furthermore, this study uses the chi-square and logistic regression analysis by using SPSS statistical package program. The result demonstrated that only prior criminal history was statistically significant factor that was related to the number of warning tickets in the sex offender group when other variables were controlled($X^2=25.15$, p<0.05, Nagelkerke $R^2=0.23$)(b=0.19, SE=0.08, p<0.05). By contrast, there were various factors that were associated with the number of warning tickets in non-sex offender group. Specifically, the logistic regression analysis for the non-sex offenders showed that demographic variable(marital status and employment type), offender-victim relationships, alcohol addiction, violent behavior, prior criminal history, community service order, and attendance order were statistically significant factors that were associated with the odds of warning tickets. Further policy implication will be discussed.

  • PDF

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.43
    • /
    • pp.67-102
    • /
    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

Study on individual characterization of sweat components (개체별 땀의 성분분포에 관한 연구)

  • Choi, Mi Jung;Ha, Jaeho;Yoo, Seok;Park, Sung Woo
    • Analytical Science and Technology
    • /
    • v.20 no.5
    • /
    • pp.434-441
    • /
    • 2007
  • The aim of this paper is to investigate composition of fatty acids in sweat on purpose of latent fingerprint detectant developing and crime evidence searching. Fingerprint from 5 male donors (aged 29-50 years) were collected. We identified fatty acid components on sweat using methylester mixture (37species) as standard fatty acid and analyzed them by GC-FID. As donor was aged, the level of total fat was found to decrease markedly (aged 20-30 years: 56.4-72.0 %, aged 50 years : 32.4-45.4 %). We identifided 28 species fatty acid, primarilly C16:0(palmitic acid), C16:1 (palmitoleic acid), C18:1n9c(oleic acid), C18:0 (stearic acid), C14:0 (tetradecanoic acid) and all sweats were found to contain C12:0 (lauric acid), C15:0 (pentadecanoic acid), C18:2n6c (linoleic acid), C18:2n6t (linolelaidic acid), C20:0 (arachidic acid), C24:0/C20:5n3 (lignoceric acid/eicosapentaenoic acid), but with differing frequencies and at varying levels. C14:1 (myristoleic acid), C15:1 (pentadecenoic acid), C21:0 (heneicosanoic acid), C22:1n9 (erucic acid) were often observed in sample. Ratio of saturated and unsaturated fatty acid was from 0.94:1 to 2.6:1. And decrease of total fatty acids components caused by loss of saturated fatty acid and monounsaturated fatty acid. In case of sweat amino acids, we detected serine ($0-31.9{\mu}L/mL$), threonine ($0-26.2{\mu}L/mL$), glycine ($0-18.9{\mu}L/mL$) and 20-30 years old, highly protein intake ratio individuals increased (10 times) than 50 years old. We observed greatly individual characterization of amino acid compounds in sweat.

The Study about Problem in the course of Education of Special Guard (특수경비원 교육훈련실태 및 발전방안에 관한 연구)

  • Kang, Gil-Hoon
    • Korean Security Journal
    • /
    • no.6
    • /
    • pp.291-326
    • /
    • 2003
  • The first, Improvement of education training condition Education training is influenced by facilities, environment around. according to questionnaire, it is very poor, we should set up a training institute as soon as possible. The second, Improvement of education training contents In working as special guard, they do not feel the need of curriculums like bayonet fencing, criminal law, and so on. accordingly we should adjust the contents of educaton training. The third, Improvement of education training course People were satisfied with the contents of lectures and educator more than half to some degree, but there was a question of time, communication, contents. we should try to remedy things like this. The fourth, Adjustment of education training time The 60% people of all were not satisfied with the time of education training about new duty. we need to intensify and oversee a duty training and the restructure of training time. The fifth, Fairness of valuation reward and punishment in education training The 80% people of all had the bad feeling against reward and punishment, so we tried to let fairness of valuation, reward and punishment completed by educational institution. The sixth, Establishment of the institution for special guard special guard have to be raised by special institution, but lacking of educational program, educational facility, educational Environment, university took the place of government as institution in raising special guard, education still leave much to be desired. so to develop the industry of a civil security, government or a guard association will set up the school of training, education, system about civil security as a whole. The seventh, Improvement of education training form People have to be taught for 80 hours in education training. according to questionnaire, over 75%people wanted to lodge at education accommodation, so in doing education training, we need to improve a system and form. The eighth, Operation of education training suitable for a characteristic in jobs In the education of 80 hours, common courses will need to be carried out together, depending on class, the object of national facility, inspection and practice will need to be done. maybe this can be the improvement of growing up education training. In the result of the study, we need to build up the satisfaction of education training through a lot of opinion like program, system, circumstances. Keep in mind that the paper was a few of problems because of the limit of the survey of 132 peoples, accordingly we try to collect a survey related with this around country. especially this will need to be asked for harmony between the law and the background of system. in the future, to develop the special guard service, increase the demand of this service, have to raised the expert and the special guard service has to enlarge.

  • PDF

금융사고 실태 조사

  • Lee, Sang-Kyung
    • Journal of the Korea society of information convergence
    • /
    • v.7 no.1
    • /
    • pp.25-46
    • /
    • 2014
  • After examining the current situations of financial frauds and the reasons for their occurrence in the financial institutions through examples of financial frauds in domestic and abroad, this study presents ways to prevent such financial scams. The preventive measures consist of activities before and after the occurrence of financial frauds and during normal financial operations. The activities are as follows: 1. Preventive activity should be strengthened before the occurrence of financial frauds. That is, first, the enforcement of consistent internal control is needed. Second, in order to block the probability of financial frauds involved with employees, ethics education and a reward program for inside tippers need to be run. Third, financial institutions need to apply for comprehensive insurance policy to minimize the lost in case. 2. Preventive activity should be strengthened during normal financial operations. First, self authentication system for customers needs to be introduced. Second, dealings of day, week, and month need to be thoroughly checked and the system of audit needs to be expanded. Third, message service for the information on financial frauds and their preventive measures needs to be expanded. Fourth, public notification system against examples of financial frauds needs to be expanded. 3. Preventive activity after the occurrence of financial frauds should be strengthened. First, awareness for preventive measures such as imposing penalty on the manager needs to be enhanced. Second, strict restrictions on financial frauders such as a criminal charge needs to be strengthened. Third, there should be legal devices and resolutions in order to retrieve all the money deceived by financial frauds.

  • PDF

Analysis of True Nature of Taliban and Terror Threat to Korea (탈레반의 실체와 한국에 대한 테러위협 분석)

  • Choi, Kee-Nam
    • Convergence Security Journal
    • /
    • v.12 no.1
    • /
    • pp.97-107
    • /
    • 2012
  • Our nation, of which the term of dispatching troops is winded up at the end of this year, is facing presidential election time including the nuclear security summit meeting in March, opening of EXPO in May, and the general election. Hence, the possibility to select our nation at the strategy forming public opinion of military withdrawal through Taliban's terror is high. It coincides with public affair strategy of Taliban terror and learning effect by the past cases. If the possibility of terror threat of Taliban along with this is summarized, the period of threat will concentrate on and be heightened in the first half when the nuclear security summit meeting and EXPO open in our nation, and target and method have high possibility of collision terror of bomb carrying vehicle and suicide bomb on national government organizations or American facilities, and etc, and possibility of kidnapping on our people such as oversea tourists, missionaries, and so on. Terror groups joining the criminal act is to use Islam illegal aliens who already acquire base in our nation or entry maneuver of specialized terrorists connected to Al-Qaeda. Pretext of such terror is withdrawal of our military and western allies stationed in Afghanistan. Therefore, publicity terror of Taliban against our people living overseas and security measure of international events such as the world nuclear security summit meeting, Yeosu EXPO, and etc in the first half of this year should be thoroughly prepared, domestic illegal aliens' movement should be comprehended, and measure blocking international terrorists' relating to Taliban infiltration into our nation should be sought for. Also, there is need of early announcement of government's political will on our military stationed in Afghanistan.

Mediated Effect of Mobile Financial Crime Fear on the Relationship between Mobile Financial Crime Vulnerability Perception and Mobile Financial Using (모바일금융범죄 취약성인식과 모바일금융 사용 간의 관계에서 모바일금융 범죄두려움의 매개효과)

  • Kwon, Joon-Sung;Gong, Jung-Sik
    • The Journal of the Korea Contents Association
    • /
    • v.20 no.4
    • /
    • pp.305-314
    • /
    • 2020
  • Mobile environment is relatively free from time and space constraints, and has unique characteristics such as not applying physical and social vulnerability because of it's non-face-to-face channel. Since such spatial and temporal speciality is likely to appear in a different form from psychological action and action in a general face-to-face environment, it is necessary to conduct an empirical study based on the results of the existing research that has been studied as major psychological variables of action in mobile environment. However, advance research have not been conducted in earnest on the vulnerability and anxiety of the consumers in a new environment called mobile finance. so this study intends to establish the basis through empirical research. As a result, women among traditional vulnerable groups perceived themselves to be vulnerable in mobile financial environments than men and felt fear of crime strongly. In addition, the vulnerability of mobile financial crime did not have a significant direct effect on mobile financial use, but it was confirmed that mobile crime fear was mediated completely and had an indirect effect on mobile financial use.

The Propose a Legislation Bill to Apply Autonomous Cars and the Study for Status of Legal and Political Issues (제4차 산업혁명 시대의 자율주행자동차 상용화를 위한 안정적 법적 기반을 위한 법정책적 연구 - 자율주행자동차 특별법 제정(안)을 중심으로 -)

  • Kang, Sun Joon;Won, Yoo Hyung;Kim, Min Ji
    • Journal of Korea Technology Innovation Society
    • /
    • v.21 no.1
    • /
    • pp.151-200
    • /
    • 2018
  • At the Davos Forum in 2016, the Fourth Industrial Revolution, a reference to cloud Schwab, is dramatically changing our lives, and at its height, self-driving cars are emerging as the talk of the day. But there are still many hurdles to overcome before the nation can successfully introduce and establish self-driving cars. In particular, it is necessary to change the paradigm of the legal system centered on human beings to one that includes artificial intelligence. The stable operation of the self-driving car era requires drastic changes to the people-centric legislation system. That is, it is necessary to collect information on the total number of drivers of self-driving cars (what is available), general vehicles on general roads, civil and criminal liability issues in the event of traffic accidents, and collection of insurance problems concerning autonomous driving vehicles. In this study, a separate bill was proposed to address the various legal issues arising from the operation of self-driving cars from a legislative perspective by considering the domestic laws related to road transport, the current state of legislation on foreign soil and legal issues related to self-driving cars.

Review for the Enactment of Anti-Terrorism Law in China: Comparing it to those in the USA, Britain and Germany (중국의 반(反)테러리즘법 제정을 위한 검토: 미국.영국.독일과 비교하여)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
    • /
    • v.14 no.6_1
    • /
    • pp.45-55
    • /
    • 2014
  • China has vast land, variety of people, religions and cultures. China has faced terrorism threat from the struggles of people, religions and resources. The 11thStanding Committee of the National People's Congress of China decided to strengthen the anti-terrorism action on October 29, 2011. This study compared, analyzed and estimated the counter-terrorism laws of the USA, Britain and Germany thinking about the China's anti-terrorism decision. The counter-terrorism laws of the USA, Britain and Germany are largely composed of previous prevention of terror and oppression of it later. They enacted the laws both for people and property. They also rearranged the power and role of governmental institutes on counter-terrorism. The contents of the counter-terrorism laws are specific, detailed and systematic. But the anti-terrorism law of China has restriction on the power and roles for previous prevention and oppression of terrorism, handling of people and property. This study reviewed the foreign countries' counter-terrorism laws and the way to connect the regulations on terrorism crimes of the revised Chinese criminal law and the anti-terrorism decision, when they enact the anti-terrorism laws in China in the future.