• Korean Security Journal
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• no.49
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• pp.217-246
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• 2016

Most of the North Korean defectors are the socially disadvantaged, and formed the lowest class in South Korean society. Their main objectives are to achieve economic wealth. In this process, North Korean defectors have often committed the crime or have been criminal victims. The purpose of this study was to propose the effective preventive measures after analyzing the actual situation of North Korean defectors in criminal behaviors and criminal damages. This research has studied of the literature on the criminal behavior and the criminal damage by North Korean defectors, utilized the relevant statistical data, cited the news for the relevant cases, and proposed the effective preventive measures of criminal behaviors and criminal damages of North Korean defectors by doing in-depth interviews with personal protection officer First, in order to prevent criminal activity by North Korean defectors, we should uplift the identity as the members of Korean society, systemize the initial adapt education, enlarge the employment protection and the resettlement helper system, manage North Korean defectors according to adaptive type, develop the network, establish the management department for the defectors, strengthen the training of prison inmates, and strengthen the management of unprotected people. Next, in order to prevent the criminal damages of North Korean refugees, we should manage vulnerable North Korean defectors effectively, maintain the liaison between the personal protection officer and North Korean defector, arrange the personal safety measures in advance when traveling abroad, enhance the legal education for usual living in Korean society, and perform the re-education for the female socialization.

• Journal of Korean Academy of Nursing
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• v.29 no.5
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• pp.1134-1146
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• 1999

The purpose of this study was to examine the correlation between Juvenile alcohol use and their criminal patterns. The data were collected through questionnaire surveys. Subjects serving for this study were 971 delinquent adolescents in Korea, sampled from 6 juvenile corrective institutions and 2 classification judging institutions, using a census method. Their age range was between 12 and 21. Data were analysed by IBM PC using SAS program. Statistical methods employed were Chi-square and frequency analysis. 1. Of 877 respondents, the number of adolescents committed criminal behaviors while the intoxicated were 230(26.2%), and 647(73.8%) were in a non-intoxicated state. 2. Adolescent under intoxication showed a higher rate of aggressive crimes and assault crimes, whereas adolescents under the non-influence of liquor tended to commit property climes and violations of criminal special law Drunken state adolescents during committing criminal behaviors used knifes, stones or fist-kicking as criminal tools, whereas drug use or without weapons in non drunken state. Most crimes have happened without any tools in both group. 3. In comparison of the alcohol user and the non-user, most alcohol-related crimes among adolescents were committed at AM 0:00 to AM 4:00 during the weekend in the dark, cloudy, and stormy-rainy day, while non-alcohol related crimes were at afternoon of weekday in the clear day. The places that the criminal activities occurred were streets, amusement places such as disco-theque, fields and their own house among alcohol users, whereas victim's house, another person's house and restaurant were chosen among non-alcohol users. 4. The victims assaulted by Juvenile offenders in both drunken and non-drunken state were mostly passer-by(65.4%), followed by their friends(25.1%). And the conditions of victims showed a significant differences between the drunken adolescents and the non-drunken adolescents. The victim's conditions assaulted by intoxicated delinquent adolescents were in quarreling or drunken state, whereas non-alcohol related crimes were directed against victims in a sleeping or irresistible state. 5. Almost over the half of delinquent adolescents perceived their delinquency as wrong behaviors. and alcohol non-user tended to more significantly perceive their criminal acts as wrong conducts. About the half of respondents answered that they committed their criminal acts in spite of having a very good Judgement while doing crimes, the author did not found a significant difference between the two groups. The reasons given for crimes were manifested as follows: it can be seen that ‘to get money for amusements’(30.4 % of all motives) were most common, followed by ‘to commit accidentally the offences’(23.8%), ‘curiosity or heroism’(18.9%). alcohol related crimes tended to be accidental and impulsively without any clear planning, while non-alcohol related crimes tended to be purposeful, directed to make money motivated by curiosity or a desire to live heroically. In Conclusions. the correlation between alcohol use and Juvenile criminal behaviors has been examined in this study. Generally, alcohol use had been found to be highly correlated with aggressive assault crimes including robbery, burglary and rape etc.

• 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.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.1-23
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• 2012

Defamation on the Internet is a criminal offense. Of late, the damage it has been causing has grown exponentially. Here, we suggest some ideas to expand the use of arbitration in Korea. We suggest that all disputes arising in connection with current contracts be settled under the rules of conciliation and arbitration. As a countermeasure to the requirements for defamation or damages, the field of criminal arbitration regulations needs to be defined strictly. In conclusion, the UK does not make provisions for arbitration as a specific subject. With respect to foreign legislation, it is necessary to take a look at ways to expand arbitration in our country. The scale of arbitration must be expanded to allow for greater protection of criminals in exchange for their cooperation in arbitration cases and relative to the amount of the damages in dollars. There must also be detailed instructions regarding the eligibility criteria for and proper handling of these arbitration cases.

• Journal of the Korea Society of Computer and Information
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• v.21 no.12
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• pp.213-218
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• 2016

China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

• International Journal of Computer Science & Network Security
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• v.22 no.12
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• pp.85-90
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• 2022

The article is devoted to the consideration of the features of the application of criminal and legal countermeasures against cybercrime in the conditions of martial law. While conducting this research, we found an opportunity to formulate the author's recommendations for solving the most complex law enforcement problems, as well as to propose changes to the Criminal Code of Ukraine aimed at eliminating the flaws of the analyzed Law, the adoption of which will contribute to the achievement of higher efficiency of the relevant criminal law prescriptions. It is argued that the removal of the previously existing in the footnote of Art. 361 of the Criminal Code of a fundamentally important caveat regarding the fact that when assessing "significant damage", the mentioned property equivalent was to be taken into account only when such damage consisted in causing material damage, which led to a significant and unjustified narrowing of the scope of potential application of Part 4 of Article 361 of the Criminal Code.

• Journal of the Korean Society for information Management
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• v.36 no.4
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• pp.253-277
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• 2019

In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.

• Korean Journal of Culture and Social Issue
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• v.11 no.2
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• pp.109-142
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• 2005

This study was conducted to suggest the research domains of Criminal Psychology, which is needed to improve the disciplinary identity of the Korean Criminal Psychology. Some major textbooks of Criminal Psychology, Forensic Psychology, Legal Psychology are written by korean and foreign psychologists. Major definitions and research domains of Criminal Psychology was compared and reviewed. For aggregating the criminal psychological researches were studied by korean psychologists, a total of 211 articles and papers, which was published by Korean Psychological Association, 5 Sub-psychological Associations, and Korean Law Psychological Association, were reviewed. Several the major research domains in Criminal Psychology was suggested as follows: General psychological theories, aggression·anger·morality, adolescent delinquency, mind and motivations of criminals, victims, investigation techniques, testimony, assessment·counseling·correction·rehabilitation of criminals, prediction and prevention of crime.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• 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.