• Title/Summary/Keyword: Criminal Law

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A Study on the Confucian Natural Legal Ideology Embodied in the Korean Constitution (유가(儒家) 자연법사상의 헌법상 전승)

  • Moon, Hyo-Nam
    • The Journal of Korean Philosophical History
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    • no.56
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    • pp.47-80
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    • 2018
  • The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

Thailand in 2017: The Resurgence of "Sarit Model" and Thai-Style Democracy (2017년 타이: '싸릿모델'의 부활과 타이식 민주주의)

  • PARK, Eun-Hong
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.213-247
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    • 2018
  • Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

The Changing Aspects of North Korea's Terror Crimes and Countermeasures : Focused on Power Conflict of High Ranking Officials after Kim Jong-IL Era (북한 테러범죄의 변화양상에 따른 대응방안 -김정일 정권 이후 고위층 권력 갈등을 중심으로)

  • Byoun, Chan-Ho;Kim, Eun-Jung
    • Korean Security Journal
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    • no.39
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    • pp.185-215
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    • 2014
  • Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

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