• Korean Security Journal
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• no.45
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• pp.7-35
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• 2015

South Korea's socioeconomic status is high enough to support services for the protection of crime victims. Until now, the Ministry of Justice was the only institution to protect and support the victims, but recently the national police is included. This is considered preferable, since the police is the one to contact the victims first- they can provide immediate support after the incident. Several limits in current laws and crime protection system exist. Therefore, given the importance of protecting victims, model of public-private joint forms should be considered. In premise of establishing a new relationship between the public-private joint system of justice and the maintenance, the range of police's involvement with crime supports will be determined. In the case of developed countries, the police and private organizations maintain close cooperation, appearing as substantial care and support for crime victims. Therefore this study reviews the problems in crime victim protection, assistance from the police stage, and suggest the improvements as follows. The first is to redefine the role of the police who first contacted in the crime victims protection support, the second is to establish a permanent cooperation framework, such as victims specialized police, victims protection agency, the third is to develop services for victim protection available from the police stage, and the fourth, opening Victim Support Center functioning as a temporary accommodation or safety zone for the personal protection of victims. The fifth is to regularize solution conference for victims' protection, and the sixth is to divide of roles in state organization government in charge of victim's protection and local government responsible for victim's support.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.59-84
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• 2010

Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

• International Journal of Advanced Culture Technology
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• v.7 no.4
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• pp.63-68
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• 2019

Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

• Korean Journal of Family Social Work
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• no.54
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• pp.225-262
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• 2016

This article reports on the analysis of the patterns and frequency of recurrences of substantiated instances of maltreatment in the Child Protective System (CPS). The data was collected from 2012 to 2014 by the CPS. Five-thousand-five-hundred-forty-two cases were substantiated in 2012 and then 323 cases were exposed recurrence during that time. Most recurrence families experienced only one recurrence. Results from survival analyses instances indicated that risk of recurrence was greatest during the first one month following a report. The prior CPS report, multiple type of abuse, physical abuse, and services type was linked the pattern of recurrence of maltreatment. Also, victim's age and the number of problematic behavior, perpetrator's stress and social isolation, intra family member as perpetrator, prior CPS report, and the number of reports was linked recurrence.