• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.250-257
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• 2011

3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.4
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• pp.533-537
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• 2011

The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.

• Convergence Security Journal
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• v.13 no.5
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• pp.137-145
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• 2013

The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

• Korean Security Journal
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• no.13
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• pp.47-70
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• 2007

The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

• Korean Security Journal
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• no.43
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• pp.177-204
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• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.93-119
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• 2009

Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.83-107
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• 2019

This article focuses on §10 of Criminal Act of the Republic of Korea to discuss how to determine criminal responsibility of a perpetrator suffering from mental disorders, while reviewing existing process and standards of mental examination at each stage of the criminal procedure as well as exploring suggestions regarding how they should be complied. The determination of the sanity or criminal responsibility of the mentally ill as defined in the §10 of Criminal Act, by its nature, cannot be approached with a traditional, clear-cut dichotomy of biology by medical practitioner and psychology·normative science by lawyer. Looking into the actual procedure of determining mental and physical disorder with special consideration of mental illness reveals the inevitability of collaboration between lawyers and psychiatrists. In the meantime, the process and standards of mental examination at each stage of the criminal procedure must be definitive and clear. First of all, during the investigation stage, examination prior to prosecution should be more actively encouraged, considering that judging sanity of the perpetrator at the time of committing a criminal act is important. During the trial stage, the mandatory examination must be conducted depending on the sensitivity and gravity of the case. Next, medical examination to determine criminal responsibility and the one to order treatment and custody must be separately conducted in order to properly execute medical treatment and custody. Obligatory mental examination could be considered both during the stage of request for and execution of the treatment and custody. Lastly, the procedure of examination and format of examination documents need to be standardized for better objectivity and reliability.

• The Korean Journal of Archival Studies
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• no.77
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• pp.109-150
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• 2023

Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

• Asian Journal for Public Opinion Research
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• v.7 no.2
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• pp.75-93
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• 2019

Background: Since 2010, Korea has maintained a DNA database of those convicted of or awaiting trial for certain crimes. There have been proposals to expand the list of crimes included in this database, or conversely, omit certain crimes if they are committed during protests. An understanding of the feelings of the public as we consider the ethical, legal, and social aspects of a DNA database and as revisions to laws are made is required. Methodology: Questions related to the DNA database were included in the nationally representative Korean Academic Multimode Open Survey (KAMOS) panel (June-August 2016). Results: Of 2,000 randomly selected panel members, 1,013 respondents participated in this survey, including 89.2% who supported the existence of a criminal DNA database. The current system of storing DNA profiles until a suspect's acquittal or a convict's death was supported by 79.5% of respondents. In addition, 70.8% of respondents agreed with the expansion of crime categories included in the criminal database. Many (93.4%) respondents favored genetic testing and data storage to determine the identity and cause of death for people who die of unnatural causes. Some differences in attitude related to social class were noted, with those who self-identified as members of the upper class more likely to support the database and its expansion to include additional crimes than those who self-identified as middle or lower class. Conclusion: Our findings suggest that Koreans generally support the criminal DNA database.

• The Journal of the Korea Contents Association
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• v.16 no.5
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• pp.601-611
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• 2016

As oral trial principle and civil participation in criminal trials spread, the environment of Korean courtroom is in need of a systematic introduction of trial presentation which can supplement with the oral trial presentation's weakness. Therefore this study analyzes the definition, types, and effectiveness of trial presentation, considering characters of the Korean court's environment. As for following research step, the most widely used trial presentation softwares in the USA and Korea are analyzed and compared in consideration of the particularity of the trial presentation. Based on this analysis, this study suggested elements to be included in the presentation software optimized for Korean court's environment as follows: 1. Ease of the insertion of various forms and media, 2. Appropriate limitation of the spectrum for graphic style, 3. Ease of use of graphics tools, 4. System functions. Such a suggestion was proposed not only to enhance the clarity, accuracy, effectiveness in developing insistence and delivery of content, but also promote aesthetic quality and consistency of presentation's visual communication aspect.