• KDI Journal of Economic Policy
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• v.31 no.2
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• pp.155-194
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• 2009

The Korean economy successfully overcame the macroeconomic downturns driven from the Asian financial crisis in a very short period of time. The economic shock, however, generated a variety of social problems, one of which was the increase in felonies (homicides, robbery, rape, and arson), or degradation of public safety. We argue that the Korean criminal policy has not been effective to ameliorate the rising trends in crime caused by the financial crisis. In order to substantiate this claim, we assess the effectiveness of criminal policy: policing, sentencing, and corrections. First, there has been resource shortage in policing since the 1997 financial crisis. For the past ten years, the investment of human resource and budget in the police has been virtually stagnant, as well as in prosecutors' investigation activities. The insufficient resource allocation in policing caused a huge decline in arrest rates and prosecution rates. Second, the Korean judicial system has not increased the severity of punishment. Comparing the pre- and the post-financial crisis period, the average length of prison sentence by the courts has declined. Given the degrading in the quality of crime and the decreasing amount of inputs into the policing and prosecution, the government should have increased the severity of punishment to deter crime. Third, we found that the government hired more officers and allocated larger budget into prison and probation. However, it is difficult to suggest that the increased level of resources in correctional programs have been effective in preventing released prisoners from committing future crimes. This is because the number of repeat offenders convicted of more than a third offense increased dramatically since 1997, pushing felonies upward. In sum, the government organizations failed to respond respectively or to make coordinated actions, eventually causing a dramatic increase in crimes. This research brings explicit policy implications. In order to prevent possible additional degradation of public safety, the government must put more efforts into increasing the effectiveness of policy and to investing more resources into said policies. We also emphasize the importance of the institutional mechanisms which foster policy coordination among the Police, the Prosecutor's Office, the Ministry of Justice, and other relevant government organizations.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.149-179
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• 2010

In November 2007, the Korean Constiutional Court held that a joint penal provision in which the individual employer is punished when his or her employee is determined to have committed a crime was unconstitutional, because the joint penal provision had no contents for the culpability of an individual employer and thus violated the constitutionally protected principle of culpability. After the Korean Constitutional Court's judgment, since December 2008 the Ministry of Justice began to change the old joint penal provision into the new revised joint penal provision. On January 2010, the old joint penal provisions of 110 laws were revised. The new revised joint penal provision adds only an additional sentence: "If a juristic person, an entity or an individual perform due care and supervision over its employee for the prevention of such a crime, it will be exempted from the punishment". But an presumption of negligence clause that is added in the new revised joint penal provision is still vacuum in concerned with supervision responsibility. Probably the new form of penal provision, that is understood to be a kind of the presumption of negligence, could let the burden of proof be changed from the public prosecutor to the accused, in other words employer-side. Especially, when joint penal provision is applied to hospital as administrative punishment, according to the hospital is a (juridical) foundation or not, the application of the joint penal provision is different and unfaithful. In my opinion, therefore, a corporation liability could be considered according to various liability of employee's business and the crime its employee committed because of an organizational failure of the corporation.

• Korean journal of communication and information
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• v.50
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• pp.121-142
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• 2010

Can law be combined with television entertainment programs? This paper explores the ways in which law systems and law culture are reflected in and reflect the television legal series. TV legal series, such as legal dramas and infotainment shows, provide platforms for the audiences, who otherwise have few opportunity in real life, to engage with legal systems in societies. Adopting loosely dramatized reality programs, these legal series not only entertain and inform audiences but also educate citizens. This paper combines analyses of theoretical debates on law and television with analysis of TV text. The result shows that , dramatized enactment based on true stories and criminal cases, may have an important ideological role in which fictionalized dramas mask the hard realities and authoritative legal systems. By doing so, TV legal shows play their roles not as mere symbolic representation but as powerful institutions that construct the image of law and reality.

• The Journal of the Korea Contents Association
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• v.12 no.7
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• pp.156-168
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• 2012

As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

• Korean Journal of Culture and Social Issue
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• v.26 no.1
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• pp.25-45
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• 2020

Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

• Journal of the Korea Society of Computer and Information
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• v.17 no.5
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• pp.177-183
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• 2012

There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

• Korean Security Journal
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• no.2
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• pp.227-258
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• 1999

In a broad sense, ‘After-care SYSTEM’ for discharged prisoners mean legal actions of prisoners who have been released from lawful detention In its narrow sense, mean preventive protection and observation activities under regular guidance and supervision against those released from penal facilities after a certain period of detention Therefore, they should not be viewed as objects of mere concern or social work programs but preventive protection should he provided to them as part of national criminal policy After-care system is in the following two ways, The one is based on individual prisoner's request and consent, which is called 'Voluntary After-care system', The other is the one which is not based in personal request or consent but is based on obligation, which is named 'Compulsory After-care system In Korea, however no Compulsory After-care system is in practice Voluntary After-care system is to be carried out 6 method in the following by existing Probation, Parole Law. (1) offer of board and lodging (2) allowance of Traveling expense (3) allowance of occupation instrument or lending rehabilitation fund (4) training of occupation and vocational guidance (5) self-reliance support for After-care probationer (6) guidance of good deed And then to establish the society without offenders is the ideal of human beings, but criminal acts don't fade away, so in the field of the science of criminology, the importance of correctional system has become greater. The correctional idea has moved from severe punishment to educational rehabilitation for the goal of protecting both offender and security from the threat of crime in to day Some it is required that Compulsory After-care system is most important system in effective measures, and that existing Probation, Parole Law in Korea is renewed into Compulsory After-care system in the future.

• Journal of the Korea Society of Computer and Information
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• v.11 no.4 s.42
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• pp.231-241
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• 2006

When current cyber attacks to information and communication facilities are examined, technologies such as chase evasion technology and defense deviation technology have been rapidly advanced and many weak systems worldwide are often used as passages. And when newly-developed cyber attack instruments are examined, technologies for prefect crimes such as weakness attack, chase evasion and evidence destruction have been developed and distributed in packages. Therefore, there is a limit to simple prevention technology and according to cases, special procedures such as real-time chase are required to overcome cyber crimes. Further, cyber crimes beyond national boundaries require to be treated in international cooperation and relevant procedural arrangements through which the world can fight against them together. However, in current laws, there are only regulations such as substantial laws including simple regulations on Punishment against violation. In procedure, they are treated based on the same procedure as that of general criminal cases which are offline crimes. In respect to international cooperation system, international criminal private law cooperation is applied based on general criminals, which brings many problems. Therefore, this study speculates the procedural law on cyber crimes and presents actual problems of our country and its countermeasures.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Korean Security Journal
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• no.6
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• pp.291-326
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• 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.