• Title/Summary/Keyword: Criminal offender

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A Study on negligent liability in Aviation Criminal Law (항공형법에서의 과실 책임에 관한 연구)

  • Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.13 no.2
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    • pp.48-62
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    • 2005
  • In aviation criminal law is negligence different from in civil law and in general criminal law. The Interpretation of aviation criminal negligence must be elucidated in characteristic own way. The thesis considers the principle of trust, permissible risk and the accomplice offender.

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Case Study on Driver's Liability in Cargo Transit

  • Kwak, Young-Arm
    • The Journal of Industrial Distribution & Business
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    • v.8 no.6
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    • pp.25-31
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    • 2017
  • Purpose - This study examines car accidents that occurred in South Korea territory, and analyzes criminal liability of the offender and certain issues of driver's insurance, but a civil liability to the injured is excluded as civil liability belongs to auto insurance. Research design, data, and methodology - With carrying out this research, case study of driver's liability and literature review were adopted throughout. For this, car accidents that occurred in South Korean territory were examined and then criminal liability of the offender and certain issues of driver's insurance were analyzed. Results - From this case study on driver's liability it was found that the offender cannot receive insurance money from the insurer irrespective of the valid drive insurance, if there is no 'bill of agreement of criminal consensus'. This study suggests some ideas, offers suggestions of convenience and assistance of qualified claim staff to overcome a hurdle of drive insurance. Conclusions - As long as the accident is not a fraud and scam by the parties concerned, advance payment of agreement of criminal consensus is required to the insured, the policy holder within the limit of liability of driver insurance, on condition that the drive insurance is valid.

The Protection of Criminal Victims and the Improvement of Relevant Laws (범죄피해자 보호와 관련한 법률의 개선방안)

  • Song, Kwang-Soub
    • Korean Security Journal
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    • no.13
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    • pp.235-258
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    • 2007
  • Every crime involves a victim and an offender. The offender, from the start of the criminal investigation, is considered as a suspect. After prosecution, he/she becomes the accused, and under consitutional law and criminal procedural law, has the right to enforce the contests of the acts. On the other hand, the victim or his/her family, despite being the person harmed, has very few and comparatively weak rights. To overcome this problem, the Korean criminal justice has recently recognised 'the protection and support of the victim' as a major proposition, and the police as well as the prosecutor's office have been releasing improvement plans for the protection of victims. Setting the above as the background, this thesis deals with the current victim protection acts and discusses the methods to improve them. This study will investigate a more reasonable and effective method of victim support and protection. Currently korea's laws regarding victim protection are not satisfactory, however it is fitting to say that it is certainly an external outline of what it should be. This has been due to the enforcement and creation of 'criminal victim protection' and has acted as a key to more improvements ever since. Despite this, the lack of commitment in human and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure. Despite this, the lack of commitment in human resources and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure.

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A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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A Study on the Effectiveness of Criminal Profiling (범죄자 프로파일링의 효용성 평가)

  • Jung, Se-Jong
    • The Journal of the Korea Contents Association
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    • v.14 no.11
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    • pp.686-694
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    • 2014
  • Criminal profiling, also known as offender profiling is designed to predict the characteristics of unknown criminal perpetrator through an analysis of the crime scene. Until now, there has been conflict about the effectiveness of criminal profiling among academics. In this study, 113 police investigators', working in serious crime divisions, were interviewed about their experiences with criminal profiling, and their belief about its effectiveness. 63.7% of the respondents agreed that criminal profiling is a valuable investigative tool and 62.8% agreed that profilers are valuable to criminal investigations. A total of 31.8% agreed that profilers help the police identify offenders and 15.0% agreed that there is no risk of profiler misdirecting and investigation. 61.5% of the respondents who had reported using a profile agreed that profiling is helpful and 71.4% told that they would use profiling again in the future.

Enhancing industrial security of casino business by developing criminal profiling of deviant behaviors in casino (범죄 프로파일링 기법을 활용한 카지노 위반 행동 분석과 카지노 산업보안 증대 방안 연구)

  • Lee, Chang-Hun;Lee, Seung-Hoon
    • Korean Security Journal
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    • no.48
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    • pp.113-146
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    • 2016
  • Criminal profiling is a effective and efficient measure for enhancing industrial security of casino business. Particularly, developing criminal profiling of deviant behaviors in casino will help security management to become more effective and efficient in practical ways. Unfortunately, however, there is lack of empirical profiling study in this regard. To fill the vacuum of literature on this topic, this study was purported to create offender profiles of different types of deviant behaviors in casino based on various theories and techniques in criminal profiling literature, such as investigative psychology, linkage analysis, and behavioral evidence analysis. To fulfill the purposes, this study collected behavioral evidence from 90 casino security officers in South Korea. Offenders' behavioral evidence was analyzed to develop offender profiles of seven different types of deviant behaviors, and then the profiles were compared with each profiles that security officers focus on to identify offenders during their work hours. Results showed that, first, there were unique profiles of each type of seven different categories of deviant behaviors in terms of offenders' ways of speaking and acting, their appearance and attitudes. In addition, this study found that there were some amount of gaps between actual offenders' profiles and profiles that security officers have in mind. Based on the results, this study provided policy implications in terms of managing casino industrial security, education and training for security officers, and future study on casino security.

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The Guarantee of Criminal Victim's Information Rights (범죄피해자의 정보권보장을 위한 방안)

  • Yang, Kyung Kyoo
    • 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.

Improvement Problems Electronic Monitoring System for Sexual Assault Offender (성폭력범죄자 전자감시제도의 문제점과 개선방안)

  • Kim, Sang Gyun
    • Journal of Digital Convergence
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    • v.12 no.2
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    • pp.39-43
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    • 2014
  • Electronic monitoring system was recently introduced as an effective means of controlling certain criminal offenders. Korean society manages ex-convicts only in reliance on the electronic monitoring system, which has a clear limit. For this reason, The reorientation program should be put before anything to subdivide the perpetrators equipped with the electronic monitoring device and separate them from the others from the start, or identify their criminal propensity and heal them.

Assessment of Psychopathic Personality and Interpersonal Problems in Korean Criminal Offenders with Schizophrenia (치료 감호중인 조현병 환자에서 정신병질 성격과 대인관계문제)

  • Wang, Seung-Keun;Kwon, JeeHyun;Lee, Jae-Woo;Chee, Ik-Seung
    • Anxiety and mood
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    • v.10 no.2
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    • pp.157-162
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    • 2014
  • Objective : This study was conducted to evaluate the validity of the Korean Inventory of Interpersonal Problems (K-IIP) with Psychopathic Personality Inventory-Revised (PPI-R) to assess interpersonal problems in Korean criminal offenders with schizophrenia. Methods : The sample consisted of 187 inpatients with schizophrenia who had committed crimes. All participants filled out self-report questionnaires ofPPI-R and K-IIP. Results : The result showed that all scales of K-IIP were correlated highly with the PPI-R total score (r range=0.25-0.65). Correlations with K-IIP scales were highest for Blame Externalization, Rebellious Nonconformity, and Machiavellian Egocentricity scales (r range=0.50-0.66, 0.43-0.64, 0.39-0.58, respectively). All scales of K-IIP exhibited a negative correlation with Social Influences, Stress Immunity, Coldheartedness (C) scale ofPPI-R. Cold/Distant scale ofK-IIP was not correlated with C scale of PPI-R. All scales of K-IIP was highly correlated with PPI-R-factor-2 (r range=0.44-0.71) and negatively correlated with PPI-R-factor-l (r range=-0.03-0.38). Conclusions : Despite of strong correlation between PPI-R total score and K-IIP total score, K-IIP was not correlated with PPI-R-I that represents affective and interpersonal deficits. It suggests K-IIP may not proper for measuring the interpersonal problems of criminal offenders with schizophrenia. It will be needed other assessment scale for measuring the interpersonal problems of psychopathy in criminal schizophrenia.

Psychological Characteristics of Adult Sexual Offenders in South Korea (한국 성인 성범죄자의 개인 수준 심리적 특성 연구)

  • Jung, Min-Chul;Cho, Young-Il
    • The Journal of the Korea Contents Association
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    • v.15 no.3
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    • pp.88-100
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    • 2015
  • This research study was aimed to identify the psychological characteristics of sex offenders. In order to achieve those objectives, 123 sexual offenders, 102 common criminals, and 162 normal people were surveyed. We reviewed the previous studies examined the psychological characteristics of sexual offenders and summarized main variables related sexual offender at the individual level. Those variables included depression, anger, self-esteem, empathy, impulsivity, shame, psychopath, alcohol dependence. Results showed that the levels of depression, self-esteem, impulsivity, impulsion-cognitive, psychopathy were significantly different among the groups. The limitations and implications of this study and suggestions for future research are discussed.