• Title/Summary/Keyword: Criminal Trial

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A Study on The Measures of Monetary Rewards When Providing The Evidences (범죄증거자료 제보시 범죄신고보상금 지급방안에 관한 연구)

  • Park, Hyung Sik
    • Convergence Security Journal
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    • v.15 no.3_2
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    • pp.43-51
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    • 2015
  • Many of crimes are solved by the report of people. Therefore, countries pay compensation to crime reporter. However, the current system of compensation is focused on the report of criminal fact and criminals arrest, so that there is no compensation on the providing evidence. On the other hand, since the current judicial system adopted the principle of trial by evidence, all the facts are made by the evidence. But it is impossible to obtain all the evidence only by law enforcement agencies. Therefore, it is necessary for people to report the evidence positively. So it is necessary to positively take advantages of smart phones, vehicle black boxes and cctvs. Various incentives such as compensation would be needed to require the evidence of smartphone or black box, cctv. In order to strengthen evidence report, it will be needed the legislation of crime report compensation, smartphone apps development including the provision of various incentives.

A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • 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.

Information and Analytical Support of Anti-Corruption Policy

  • Novak, Anatolii;Bashtannyk, Vitalii;Parkhomenko-Kutsevil, Oksana;Kuybida, Vasyl;Kobyzhcha, Nataliia
    • International Journal of Computer Science & Network Security
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    • v.21 no.3
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    • pp.134-140
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    • 2021
  • The development of technology speeds up the process of obtaining information and its analysis to track the level of corruption in different countries and develop countermeasures. This study examines the role of information and analytical support of anti-corruption policy as a tool for government accountability and analysis, evaluation, combating corruption in Eastern Europe. The purpose of the article is to identify the components of the information-analytical system that help reduce the level of corruption. The research methodology is based on a qualitative content analysis of the functioning of information and analytical systems of Ukraine used by anti-corruption bodies. A quantitative analysis of the CPI score was conducted, according to Transparency International, to identify the effectiveness of anti-corruption policies in developing countries. The results show similar trends in countries developing on the effect of the use of information and analytical systems in the implementation of anti-corruption policies, strategies and measures. The strategy to combat corruption mainly involves increasing the independence and powers of anti-corruption bodies. Therefore, the development of information and analytical support is aimed at automating the processes of pre-trial investigations and criminal proceedings, information protection. As a tool for accountability, information and analytical systems may be ineffective due to the abuse of power by higher anti-corruption bodies due to political pressure from elite structures. Restrictions on political will are a major problem for the effectiveness of anti-corruption policies.

A Scientific Critique of a Korean Court's Acquittal for Involuntary Manslaughter Related to 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT), a Humidifier Disinfectant (HD) Part I: Material safety, exposure and delivery to target organ from an HD perspective (CMIT/MIT 함유 가습기 살균제 제품의 제조 및 판매기업 형사판결 1심 재판 판결문에 대한 과학적 고찰 (I) - 제품 위험성과 노출평가 측면에서)

  • Park, Dong-Uk;Zoh, Kyung Ehi;Kim, Jiwon;Choi, Sangjun;Kwon, Jung-Hwan;Jun, Houngbae;Kim, Sungkyoon
    • Journal of Environmental Health Sciences
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    • v.47 no.2
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    • pp.111-122
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    • 2021
  • Objectives: There was a judgment of acquittal for the manufacturer SK Chemical and the vendor Aekyung regarding humidifier disinfectant (HD) containing 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT). The rationale used in this judgement is discussed here in the light of scientific consideration. Methods: The sentencing document for the judgements was obtained from the Korea Supreme Court Service. In particular, the judgements made by the court related to the risk of HD and external and internal exposure to CMIT/MIT are discussed based on scientific evidence. Results: Rendering a determination in a criminal trial of insufficient evidence of causation, the court dismissed the prosecution's motion that humidifier disinfectant-associated lung injuries (HDLI) and asthma were associated with the utilization of these products. However, CMIT/MIT, a strong sensitizing and corrosive substance, has been reported to be associated with brain toxicity, allergic contact dermatitis, and asthma. Furthermore, the judgment did not consider total consumption amounts or the cumulative dose of CMIT/MIT in the humidifier. Lastly, there are several cases supporting the fact that exposure to water-soluble substances including CMIT/MIT can cause lower respiratory tract diseases. In addition to cases of asthma among the workers exposed to CMIT/MIT, we identified lung injury victims who were exposed to HDs exclusively containing CMIT/MIT. Conclusions: We conclude that there is sufficient evidence supporting the assertion that HDs containing CMIT/MIT cause lung injuries, including asthma, contrary to the court's judgement.

Effects of Cognitive Heuristics on the Decisions of Actual Judges and Mock Jury Groups for Simulated Trial Issues (가상적인 재판 쟁점에서의 현역판사의 판단과 모의배심의 집단판단에 대한 인지적 방략의 효과)

  • Kwang B. Park;Sang Joon Kim;Mi Young Han
    • Korean Journal of Culture and Social Issue
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    • v.11 no.1
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    • pp.59-84
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    • 2005
  • Three studies were conducted to examine the degree to which three common heuristics, anchoring heuristic, framing effect and representative-ness heuristic, influence the decision-making precesses of actual judges and 5-persons mock juries. With scenarios regarding various issues that are commonly raised in actual criminal and civil trials, study 1 examined the 158 actual judges' decisions. In study 2, the decisions of 80 mock jury groups that consisted of college students were examined with similar scenarios. And individual decisions were examined in study 3 to compare with the group decisions in study 2. The decision processes of the actual judges and the mock jury groups alike were found to be influenced by "anchors". But the biases by the anchoring heuristic were more pronounced in the group decisions than in the decisions of the actual judges. With respect to framing effect, the actual judges were found to be resistant, while a small effect was found in the decisions of mock jury groups. Representative-ness biases weren't found in the decisions of both the actual judges and mock juries. The implications of the results for judicial systems were discussed.

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Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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A Case Study of ART Counseling on Maladjusted Children's Self-Respect and Social Ability Development (부적응 아동의 자아존중감 및 사회성 발달을 위한 미술상담 사례연구)

  • Hong, Mi-Young;Cho, Bung-Hwan
    • The Korean Journal of Elementary Counseling
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    • v.8 no.1
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    • pp.109-122
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    • 2009
  • The purpose of this study was to put an art counseling program in the elementary school maladjusted child and helped the school life adjustment of the maladjusted child's self-respect and social ability development. For this purpose, picked out 4 people children who are the lowest score in the child where the total score is below 100 points sorted 6 grades of Y elementary school in Daejeon. The art counseling program as a reconstruction of the prior study to meet an object of this study was provided to children in experimental group at the researcher's classroom after school for 12 session, two sessions per week. For analyze the study result. First, for quantitatively analysis of an maladjusted behavior compared pre and post test of conduct of school life adjustments test. Second, for confirm the change of self-respect and social ability development pre and post test and analyzed comparison. Third, recognizing trial state change of an maladjusted children put a KSD pre and post test and analyzed comparison with contents of a picture. Fourth, every session of the qualitative analysis which describes the conduct quality of each child led and the maladjusted child should have been visible what kind of change after the art counseling program execution criminal record, compared. The result of the study is the art counseling program decreased the maladjust conduct of the maladjusted child and is effective to self-respect and social ability development of the maladjusted child. And the art counseling program letting induces the change which is affirmative psychologically with the maladjusted child. As a result, the art counseling program to help the self-respect of the maladjusted child and social ability development, and it will be more effective in the school life adjustment for the maladjusted child.

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A Study on the Reality and Improvement of Autonomous Police System in Jeju Special Self-Government Province (제주자치경찰 시스템의 실태와 발전모델에 관한 연구)

  • Cho, Chul-Ok
    • Korean Security Journal
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    • no.14
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    • pp.485-516
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    • 2007
  • Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

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The Necessity of Education and Understanding about Evil: with thought of Sunja and Hannah Arendt as the central figure (악(惡)에 대한 이해와 교육의 필요성 - 순자와 한나 아렌트의 사유를 중심으로 -)

  • Jeon, Sun Suk;Kim, Young Hoon;Shin, Chang Ho
    • (The)Study of the Eastern Classic
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    • no.48
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    • pp.253-287
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    • 2012
  • This research aimed to discuss the necessity of education and evil through perspective of Sunja and Hannah Arendt. In case of Sunja, it was reviewed by his opinion about Sunja as the central figure. As for Arendt, it was researched with "Eichmann in Jerusalem" as the central figure which she wrote participating in the trial process of Eichmann who was a war criminal of Nazi. Sunja thought evil as the nature of people and understood that they all are originally selfish, envious, and seeking desire. Therefore, Sunja thought it is important to properly seek human desire. He claimed Haw Seong Gi Wi(化性起僞, changing evil human nature into goodness through manner) which changes human nature from evil to goodness. A teacher who leads evil into goodness is surely needed in the process of Haw Seong Gi Wi. At the same time, in the dimension of educational content it put stress on the role of Ye(禮, manner) which lets them realize discernment so that they properly seek human desire and Ak(樂, harmony) which harmoniously controls human emotion, and key point on education regarding Ye and Ak. As for Arendt, however, she recognized evil as normal one. Even though he thought that conforming the order of superior authority was the best value and then took evil of killing many Jews in thoughtlessness, Eichmann maintained that he did not take evil but only conformed the order. This way, people could take evil in thoughtlessness in totalitarianism, and it makes circumstance that they could not take goodness. Therefore they could take evil in thoughtlessness and experience the radical evil and the banality of evil. Accordingly, political praxis which guarantees people's plurality as the words and praxis is needed. It is named natality because the truth that they are born in this world is a starting point, and makes the essence of education. In this process, teachers have to be a representative of this generation for children as new social members, and be able to keep children's newness. Sunja and Arendt have the same equality and difference in that they referred to the necessity of education to overcome human evil. It is the same quality that goodness could recover the function of community and the practice of education is considered important in the goal of education and the dimension of directivity. It is different in methodical characteristic of education that Arendt, however, suggests praxis as the way that they express themselves in totalitarianism while Sunja thought that continuous practice piling up virtue for goodness is important.