• Title/Summary/Keyword: Punish

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The Possibility with Other Ways to Protect an Unborn Child in Terms of Illegal Abortion in Crown Law (분만 전 태아에 대한 낙태죄 이외의 형법상 보호가능성 - 대법원 20007.6.29. 2005도3832에 대한 평석 -)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.197-257
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    • 2008
  • Current crown law punishes crime related to unborn child with abortion crime. So we might think that any infringement on unborn child is pretty well protected. But, in terms of illegal abortion, a charge of injuring person and homicide, there are lots blind spots in punishing criminals. Especially, there are numerous unclear cases in illegal abortion. If a doctor killed an unborn child by accident in medical operations, we can't punish him because it was an accident. There still exist controversial cases such as, if an unborn child was somehow damaged and was dead after birth, or was born with disabilities, how are we supposed to punish that? Recently, in a case where a doctor left alone a mother who had a baby and the baby died, our Supreme Court of Korea (Supreme Court of Korea 2007.6.29 2005do 3832) had given a verdict of "not guilty". It looked like they were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law.

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UNSC Resolution against North Korea and ROKN's Reactions (유엔 안보리 대북제재 결의와 우리 해군의 대응)

  • Park, Chang Kwoun
    • Strategy21
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    • s.39
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    • pp.82-113
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    • 2016
  • This paper analyzes the contents and the effects of the UNSC 2270, and its implications to South Korea's defense strategy and navy. The UN Security Council passed strong sanctions against North Korea which punish North Korea's 4th nuclear test. The sanctions compared to the previous ones require international society to take practical actions such as comprehensive trade bans as well as diplomatic isolation which will put significant pains on North Korea. Especially, these measures would greatly hamper economic development policy of Kim Joung-un regime. Because Kim Jung-un regime has inherent legitimacy problems which stems from the third family succession of the power, economic difficulties may play an important cause on the regime instability in the long term. In fact, the United States sees this possibility as an option to coerce North Korea in which North Korea choose denuclearization for its regime survival. Nevertheless, the prospects of the UN sanctions are not so optimistic. Considering North Korea's willingness for nuclear development and its level of nuclear technology, North Korea will try to play a gambit with the US and South Korea by exploiting its strategic advantages. North Korea's response will have three following strategies. First, it would actively pursue political and economic survival strategy by using China's support for the regime, strengthening its power grip in the name of countering US hostile policy, and enhancing peace propaganda. Second, North Korea will accelerate efforts to position its status as a nuclear de facto state. For this purpose, it could create nuclear crisis on the peninsula. Third, it would exploit local provocations as an exit strategy to get over the current situation. In order to counter North Korea's actions and punish North Korea's behavior strongly, South Korea needs following strategies and efforts. It should first make all the efforts to implement the UN sanctions. Strong and practical nuclear deterrence strategy and capability with the U.S. should be developed. Effective strategy and capabilities for the prevention and deterrence of North Korea's provocation should be prepared. For this purpose, North Korea's provocation strategy should be thoroughly reviewed. Active international cooperation is needed to punish and coerce North Korea's behavior. Finally, South Korea should prepare for the possible occurrence of North Korea's contingency and make use of the situation as an opportunity to achieve unification. All these strategies and efforts demand the more active roles and missions of South Korea's navy and thus, nullify North Korea's intention militarily.

Congressional Control of Bureaucracy in the United States: Ex Ante vs. Ex Post Control Mechanisms

  • Park, Hong Min
    • American Studies
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    • v.43 no.1
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    • pp.115-143
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    • 2020
  • The U.S. Congress has been known to effectively control the bureaucracy. On one hand, Congress adjusts the degree of discretion provided to the bureaucracy when making agencies or legislation: ex ante control. On the other hand, it also performs the oversight activities to punish or correct undesirable behaviors of bureaucrats: ex post control. While the dynamics of each control mechanism is widely examined theoretically, few have attempted to empirically investigate this with a special attention to partisan politics in Congress. I attempt to fill this gap by measuring the two types of control mechanisms, testing theoretical assertions, and analyzing the dynamics under the two control mechanisms.

Past records for the application of arbitrary accomplice regulations to Accomplice-essential crimes

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.3
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    • pp.149-155
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    • 2022
  • The view of not fully denying the application of accomplice regulations to non-punishable opponents has fallen into a formal and logical circular argument that only provides formal grounds for non-punishment and has failed to provide practical grounds. In addition, it can be said that it has a criminal policy problem contrary to the legal sentiment of the general public by not punishing the active government travel activities of non-punishable accomplices. Therefore, in order to solve this problem, it is necessary to respect the legislator's intention that general non-punishment accomplices can be punished if they exceed the 'minimum government travel commission'. Therefore, if an unpunishable accomplice acts at least within the act required to realize the constituent requirements, the application of the accomplice regulations shall be excluded, and the accomplice regulations shall be applied only if they exceed that extent. In addition, if the indispensable counterparty is a protected person or has no responsibility (possibility of expectation), it can be said that it has provided a practical basis for the inability to punish, so it can be understood as impossible to punish. This interpretation method is thought to be able to present concrete validity in marginal cases where the counterparty is more responsible by substantially presenting the basis for an unpunishable accomplice.

A Study for Counterplan of Korean Juvenile delinquency (한국 청소년범죄 대책방안)

  • Kang, Kyung soo;Lee, Min hyung;Kim, Jin hwan
    • Journal of the Society of Disaster Information
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    • v.4 no.1
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    • pp.10-31
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    • 2008
  • Recently, 'Juvenile' is associated with the 'Misconduct', for it becomes an object of public concern. Therefore in this study, we suggest counterplan about the group traits connected juvenile-life intimately. First, parents promote conversation among the family and are concerned about their children. And they find out the problems in the bud to educate beforehand Second, the counterplan by school attaches great importance to individual contact. Third, in the counterplan on social aspects, adults' unwholesome ideas, bad effects of the mass communication, the lack of teenager's association, negative activity, leisure facilities and lack of opportunity for juveniles bring about negative facts for education of teenagers. Therefore we need positive counterplan to enlighten the young and purify the social environment. And the nation establish righteous values for the younger generation to not commit a crime and punish severely as well as must prepare the realistic and clear policy for the young to bear the responsibility for their role.

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Power control in Ad Hoc network using ZigBee/IEEE802.15.4 Standard (ZigBee/IEEE802.15.4 표준을 사용하는 Ad Hoc 네트워크 상의 전력 통제)

  • Kirubakaran K.;Lee Jae-Kwang
    • Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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    • 2006.06a
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    • pp.219-222
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    • 2006
  • In this paper an intrusion detection system technique of wireless Ad Hoc network is explained and the advantage of making them work in IEEE 802.15.4/ZigBee wireless standard is also discussed. The methodology that is mentioned here is intrusion detection architecture based on a local intrusion database [1]. An ad hoc network is a collection of nodes that is connected through a wireless medium forming rapidly changing topologies. Due to increased connectivity (especially on the Internet), and the vast spectrum of financial possibilities that are opening up, more and more systems are subject to attack by intruders. An ideal IDS should able to detect an anomaly caused by the intruders quickly so that the misbehaving node/nodes can be identified and appropriate actions (e.g. punish or avoid misbehaving nodes) can be taken so that further damage to the network is minimized

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Space and Power : A Comparative Study on the Discourses of Prison

  • Kwon, Young;Lee, Kyung Hoon
    • Architectural research
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    • v.9 no.2
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    • pp.19-25
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    • 2007
  • The changes of prison facilities in the age of Enlightenment and Industrial Revolution, implies viewpoints architectural space as a representation of power. The aim of the study is to examine the structuralistic approach based on two authors of Michel Foucault and Robin Evans. Both texts are summarized and analyzed to make comparison. While Foucault concentrates upon the ideas relating to punishment which preceded and led to the prison being adopted, Evans regards the reality of punishment as it was executed in its architectural context. The study compares the fundamental difference between the two texts; the approach that each author takes with regard to the central issue of the history of penality. These two different interpretations dictate the framework of each discourse and has resulted a number of different notions of ideas. By comparing divergence and convergence of the texts, the study analyzes each author's methodology, theoretical position and notions of prison. Keywords are also extracted to articulate the study and each author's arguments as well.

A Study of Korean Vehicle Recall System Reforms (소비자보호를 위한 자동차결함제도의 개선연구)

  • Youn, Younghan;Lyou, Byungwoon;Park, Soohun
    • Journal of Auto-vehicle Safety Association
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    • v.7 no.4
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    • pp.31-38
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    • 2015
  • In the United States, when NHTSA initiates the vehicle defect investigation, the most of automotive manufactures voluntary start their vehicle's recall campaign immediately. However, in the domestic market, NGOs, medias and even the National Assembly complaint the attitude of domestic and foreign makers tendencies of retardation of recall campaign. Also there were criticism for the manufacturer's concealing or downsize of their vehicle defects to the publics. In general, the manufactures may wait until MLIT's decision to recall orders. Therefore, in this study, from the survey of foreign countries legal recall systems and it is recommended reinforcement of the current vehicle management law to promote more frequent voluntary recall campaign from makers. In this study, it is also includes summarize all previous recall related research works and proposes the more stringent regulations to punish of concealing or downsize their vehicle safety defects.

A Study for the Technology to Prevent Heat Stroke Deaths with Occupant Detection System in Hot Cars (차량 내 방치된 유아의 열손상 사망사고 방지를 위한 승객감지기술 및 최적 대응방안에 대한 연구)

  • Choi, Eunyoung;Yu, Minsang
    • Journal of Auto-vehicle Safety Association
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    • v.12 no.3
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    • pp.20-26
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    • 2020
  • Many children have died (Heat stroke deaths) in the U.S. after being left alone in cars during hot weather, especially summer season. According to related report, more than 800 children have died of heat stroke from being trapped in a hot car since 1998. The regulation party, government has started to make not only technical regulation to prevent tragedy but also legislate to punish. However the 75% of accident has occurred unintended by their parents. So punishment is not the best solution for this case. So in this study, we analyze the trend of regulation and technology to save occupant who remained back seat. And finally we propose a countermeasure to prevent heat stroke deaths.

A study on the problems and solutions of the illegal charges transportation act by using a private truck (자가용화물차량의 불법유상운송 행위에 따른 문제점과 개선방안)

  • Lee, Seok-Hyeon;Kim, Jeong-Hyeon;Jeong, Jae-Jeong;Lee, Gye-Jeong;Jo, Gwang-Hui;Seong, Haeng-Gi;Hwang, Dae-Seong
    • Proceedings of the Safety Management and Science Conference
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    • 2011.11a
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    • pp.449-455
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    • 2011
  • Illegal transportation act using a private truck cases indigested freight market. Moreover it incurs social and economic damage. There are some remedy for this problem that is reintroducing suspension of the service law, creating the law to punish client who have the goods which is delivered and improving transportation environment.

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