• Title/Summary/Keyword: criminal punishment

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A Study on The Security Measures of Insurance Crimes (보험범죄의 보안대책에 관한 연구)

  • Park, Hyung Sik
    • Convergence Security Journal
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    • v.16 no.6_2
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    • pp.53-60
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    • 2016
  • Security measures for the current insurance crime has focused on the capture oriented and reactive response in the screening stage of insurance payments. However, since leaving the damages that can not be healed by post-punishment, it is necessary to take measures to prevent the insurance crimes in advance. In this paper, I would like to try to identify problems through analyzing the characteristics and cases of the insurance crimes, and to present alternatives to it. The problems with the current insurance system that causes the insurance crimes are, First, When signing the insurance contract, it is too inattentive to confirm about the credit status of the policyholder, duplicate join or not, whether voluntarily sign up etc. Second, a thorough investigation or criminal charges in case of insurance accident is not being done properly. Third, information exchange and management to malicious policyholders is not being done properly. Therefore, in order to guard people from insurance crimes, First, it should strengthen the audit of such credit conditions, accident experiences in the insurance contract at the policyholders. Second, we need to block insurance crimes in advance through the continuous upgrades of insurance fraud analysis systems and social network. Third, it is necessary to strengthen the surveillance systems for the insurance crimes by the information sharing.

Invertebrate Models Used for Characterization of Drug Dependence and Development of Anti-Drug Dependent Agents

  • Chang Hyun-Sook;Kim Ha-Won;Lee Dong-Hee
    • Biomolecules & Therapeutics
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    • v.14 no.1
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    • pp.1-10
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    • 2006
  • Drug dependence deals a heavy socioeconomic burden to the society. For adolescents, the damage from drug dependence is greater than adults considering their higher susceptibility to drug effect and increasing chance for violence leading to criminal punishment process. Habitual drug use depends on genetic and environmental factors and the complex interactions between the two. Mammalian model systems have been useful in understanding the neurochemical and cellular impacts of abused drugs on specific regions of the brain, and in identifying the molecular targets of drugs. More elucidation is required whether biological effects of drugs actually cause the habitual dependence at the cellular level. Although there is much insight available on the nature of drug abuse problems, none of the systems designed to help drug dependent individuals is efficient in screening functional ingredients of the drug, and thus resulting in the failure of helping drug dependent individuals recover from drug dependence. Alternative model systems draw the attention of researchers, such as the invertebrate model systems of nematodes (Caenorhabditis elegans) and fruit flies (Drosophila melanogaster). These models should provide new insight into the mechanisms leading to the behavior of drug users (even functional studies analyzing molecular mechanism), and screening useful components to help remove drug dependence among drug users. The relatively simple anatomy and gene expression of the invertebrate model systems should enable researchers to coordinate current knowledge on drug abuse. Furthermore, the invertebrate model systems should facilitate advance in experiments on the susceptibility of specific genetic backgrounds and the interaction between genetic factors to drug dependence.

Research on solution for protecting victim privacy of crime deposit with depository

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.5
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    • pp.209-216
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    • 2020
  • As depository system for negotiation or reimbursement to the victim in criminal case is reflected to consideration for diminishing punishment and hence, it is very important in the process. According to the current law, one needs to fill out victim's personal information such as name, address, and ID number for processing depository. However, if the victim is sexual violence victim, all the personal information is covered up becoming anonymous. Therefore, it becomes difficult for the accused person to get necessary information. Such covering up action is to prevent further second damage that may be caused such as threatening for the negotiation whereas victim has no willingness to forgive the accused. However, even if the accused person regrets his/her crime and make reimbursement to the victim, as they have no personal information on the victim it becomes impossible for them to make the depository. If we apply ESCROW system here it will allow victims to avoid any direct contact with the accused person as well as preventing any privacy disclosure. Also, for the accuse person, they can show how much they regret by making depository within their capability.

Prohibition Clauses of Business of Money Changing on the Game Industry Promotion Act of 2007 (게임산업진흥법상 환전업금지 조항의 의의와 해석)

  • Hwang, Seung-Heum
    • Journal of Korea Game Society
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    • v.7 no.2
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    • pp.61-72
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    • 2007
  • Prohibition Clauses of Business of Money Changing(${\S}32(1)7$) on the Game Industry Promotion Act of 2007 was introduced for the purpose of preventing game from becoming gambling. By making the independent requisite of constituting a crime that there was no criminal punishment former times, it is possible actively to deal with mixing of game and gambling. Prohibition Clauses of Business of Money Changing prevent the material or formless results that are obtained on the use of game from making a business of money change, intermediation of money change, or re-purchase of it. The material or formless results mean points, prizes, game moneys, or game data that is obtained on the abnormal use of a game. Most real money trade of a game item will be pull into the application of Prohibition Clauses of Business of Money Changing on the interpretation of it. Therefore this clauses have a tremendous effect upon the business of sweated workshops and intermediation web sites of game items. None the less Prohibition Clauses of Business of Money Changing will have positive influence to the future of game industry through the separation of game and gambling.

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A Legal Study on The Act Bill for Establishing The Game User Committee

  • Kyen, Seung-Yup
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.3
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    • pp.165-171
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    • 2022
  • In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

A Study on 2010 Beijing Convention for Antiterrorism of International Aviation - Compared Beijing Convention(2010) with Montreal Protocol - (국제항공테러방지 북경협약(2010)에 관한 연구 - 몬트리올협약과의 비교를 중심으로 -)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.79-112
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    • 2010
  • The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

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Special Judicial Police for Enhancing Administrative Power A Study on the Expansion of Jobs: Based on the results of 10 years' operation of Seoul Metropolitan Police Judicial Police Team (행정의 집행력 강화를 위한 특별사법경찰 직무확대에 관한 연구 - 서울특별시 민생사법경찰단 운영 10년 분석 결과를 바탕으로 -)

  • Yang, Jae Yeol;Kim, Sang Su
    • Korean Security Journal
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    • no.58
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    • pp.59-80
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    • 2019
  • Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

Study about the role of the Prevention of School Safety Keeper System (학교안전지킴이의 학교폭력예방에 대한 제도적 고찰 - 전문성과 제약성을 중심으로 -)

  • Gong, Bae Wan
    • Convergence Security Journal
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    • v.13 no.2
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    • pp.3-13
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    • 2013
  • School violence that have occurred recently, showing a tendency to collectivization and diverse types of violence, as well as the quality and increase the damage levels. School violence in the home, school, and social factors, but is caused by the lack of awareness about the violence and the reporting of consciousness due to poor acts of violence indirectly assisted. The only place violence has caused the school to establish the legal and institutional arrangements in order to minimize school violence have no choice but to limit its effectiveness is negligible. The problem of school violence in connection with the problem of juvenile crime prevention and control, and punishment should be made of the complex and layered. Operation and School police system, School safety keeper system, school sheriff system since 2005, each municipality in order to minimize school violence, but have no practical help to limit the visible and symbolic effects. Nonexistent professional staff of the institution or school safety monitors emphasis on monitoring the physical state of the system in the form of 'guards' departure inherently have limitations. Also, to prevent criminal acts or violence in the state is not given special privileges and the appropriate role for the school keeper is a problem with the system. Report no other role can not be expected. Should therefore be preceded by a systematic improvement and training of experts in order to prevent school violence, and home and school, in terms of social support and measures.

A Study on the Suppression and Punishment of International Terrorism (국제(國際)테러리즘의 억제(抑制)와 처벌(處罰)에 관한 연구(硏究) -중국민항기(中國民航機) 공중납치사건(空中拉致事件)을 중심(中心)으로-)

  • Yoh, Yeung-Moo
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.87-123
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    • 1989
  • The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

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