• Title/Summary/Keyword: 검찰제도

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A Study on the Securing Political Neutrality of the Prosecution Service (검찰의 정치적 중립성 확보방안 연구)

  • Kim, Taek;Jung, In whan
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.4
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    • pp.59-66
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    • 2020
  • This paper considered the measures of securing political neutrality of the prosecutor on the reform of the prosecution. The nation's prosecution has enormous authority. In the meantime, the prosecution enjoyed unlimited power uncontrolled with investigative rights, prosecution monopoly, and police investigation command. No other country has as much power as the Korean prosecution. However, the prosecution, which enjoys such power, is placed on the task of reforming the prosecution due to poor democratic control. Has there been such a prosecutor in Korean history who only looks forward and wields long sword ehrflqtjdrhk against corruption in power? So far, the prosecution has conducted investigations that suit the administration's taste, and the prosecutors have been on the rise in return. That is why the previous administrations tried to ensure the political neutrality of the prosecution. As such, We would like to consider legal logic to analyze the sincerity of the prosecution reform. To this end, the first is to consider the authority of prosecutors and prosecutors. Second, consider the internal requirements of the government's reform of the prosecution. Third, establish the direction of prosecution reform.

Improvements about Problem of Criminal Mediation System (형사조정제도의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.16 no.6
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    • pp.550-562
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    • 2016
  • Criminal Mediation System in Korea, it did pilot operation by Crime Victim Support Centers such as Daejeon and other two District Prosecutors' Office in April 2006. And starting 2007, Crime Victim Support Centers and Criminal Mediation System conducted from 57 District Attorney's Office and Branch Offices and now 2016, Criminal Mediation System is operated in all the District Attorney's Office. On the other hand, the Attorney General's Office established the 'Criminal mediation practical operating instructions' in October 2009 and created its legal basis at "Crime Victims Protection Act" in September 2010. It seems that the criminal mediation have to operate as the direction for supporting crime victims recovery. However, it seems that the overall infrastructure of the criminal mediation system is built. But I have experienced this through G Attorney's Office as a Criminal mediator activity from 2007 to 2016 now, some issues have emerged such as weak on personal safety in criminal mediation room, etc. Thus, in this paper, I will examine the problems about this and propose improvements of criminal mediation system to fit the practical criminal mediation.

A Study on the Role of Computer-Added Stenography in Scientific Investigation (과학적 조사기법에 적합한 컴퓨터 속기의 역할에 관한 연구)

  • Lee, Gyu-An
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.4
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    • pp.533-537
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    • 2011
  • The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.

2003년 공정거래법 개정안과 손해배상제도의 개편

  • 정호열
    • Journal of Korea Fair Competition Federation
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    • no.98
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    • pp.2-9
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    • 2003
  • 이번의 손해배상제도 개편은 사법적 구제의 확대를 통한 경쟁법 집행구조의 근본적 개편을 위한 하나의 계기에 불과하다. 이번 개정안에서 반영되지 아니한 금지청구제도 도입, 독일법제에서 보는 바와 같은 불공정거래행위 사건의 순수한 민사사건화와 같이 공정거래법 위반사안의 성질과 효과를 감안한 민형사 및 행정적 구제수단의 차별화, 공정거래법 위반사건에 대한 검찰의 원고 적격 부여 등은 시장에 미칠 충격을 감안하면서 지속적으로 검토되어야 할 남은 과제라고 할 것이다.

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Legal framework and practices of public order management in England and Wales (잉글랜드와 웨일즈의 공공질서 관리 관련 법적 틀 및 법집행 형태)

  • Jung, Jeyong;Ellis, Tom
    • Korean Security Journal
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    • no.54
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    • pp.203-222
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    • 2018
  • Public order management is one of the most important areas in policing. Drawing on the legal framework and policy, this study aims to assess practices of criminal justice practitioners, especially, police and prosecutors, in England and Wales. Using qualitative interviewing, four main themes are identified: (1) an emphasis on a right to protest, (2) police practices on public order management, (3) the development of police/prosecutor liaison, and (4) the value of video evidence. Based upon these findings, several legal, policy and practice implications are drawn. These implications involve a wide range of aspects concerning strategic, operational, and tactical interventions by the police, as well as collaboration between police and prosecutors. Although the criminal justice context in England and Wales is very different to South Korea, some practices and distinctions can be useful to consider in the Korean context. This study suggests that more gains can be made if legislation, policy, and practice across criminal justice nodes can be coordinated and approached holistically.

An Empirical Study on Public Service Recruitment System and Public Sector Corruption (공직임용제도의 폐쇄성과 공직 부패에 관한 실증분석)

  • Kim, Jaehoon;Lee, Hojun
    • KDI Journal of Economic Policy
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    • v.34 no.4
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    • pp.157-188
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    • 2012
  • We study the relationship between the closedness of public service recruitment system and the corruption rampant between private firms and public servants. Empirically we test our claim that the closedness of public service recruitment system tends to heighten the corruption level of each country. Our results show that the closedness is positively correlated with bureaucracy corruption levels indexed by IMD, WEF, and World Bank.

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피싱 금융사기 예방을 위한 이상거래탐지 분석 방법

  • Kim, Jung Sun
    • Review of KIISC
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    • v.23 no.6
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    • pp.41-48
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    • 2013
  • 전자금융 사기범이 전화, SMS, 이메일을 통하여 통신회사, 경찰청, 검찰청 및 금융감독당국 등을 사칭하여 피해자로 하여금 사칭기관의 위장 홈페이지로 유도하여 피해자의 금융 정보를 불법적으로 취득하여 피해자의 금융자산을 인출해나가는 금융 분야에서 발생하는 특수 사기범죄의 피해가 줄지 않고 있다. 이에 대한 대책으로 금융감독당국과 금융회사는 지연인출제도, 카드론 취급 강화, 공인인증서 재발급 및 사용절차 강화, 대포통장종합관리시스템 구축 및 홍보 강화를 하고 있지만 이들 방법은 전자금융사고 피해가 추정되는 고객뿐만 아니라 그렇지 않은 대다수 정상적인 전자금융거래 이용자에 대한 전자금융거래의 불편을 야기하고 있으며 전자금융사고 발생중의 실시간 이상증후 탐지를 반영하고 있지 않다. 본 논문에서는 금융회사 홈페이지에서의 전자금융거래 이용자의 접속행위, 공인인증서 사용행위, 온라인 송금행위 측면에서 거래행위를 분석하여 전자금융사고 혐의 이상증후에 대해 금융회사의 실시간적이고 능동적으로 대응하는 방안을 제시한다.

A study on the improvement of hiring system in the military human resources: introduction of modified blind hiring (군 인적자원 채용제도 개선에 관한 연구 : 수정형 블라인드 채용의 도입 검토)

  • Jung, Jung Kyun;Park, Cheol
    • Convergence Security Journal
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    • v.19 no.3
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    • pp.93-99
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    • 2019
  • In the Republic From the national interest in the recent hiring scandals in the public institutions such as the Financial Supervisory Service, Gangwon Land, and so on, people were outraged by the fact that the competition opportunities were not secured although they should be equally secured to compete with anyone with their capabilities in the fair process. Hence, the government made the public institutions blind hiring to be mandatory, which eliminated writing the academic background, GPA, and English score in the application form and selected the new employees only with job competencies in the public institutions in 2017. In 2018, the prosecution did their best for the investigation on hiring scandal with the strong will to cut the scandal upon announcement of 5-year anti-corruption master plan. Amid this controversy, this study tries to suggest the further direction in the hiring military human resources upon introduction of blind hiring system, reviewing the needs to introduce blind hiring system in the military, the governmental guideline according to the mandatory blind hiring in the public institutions, and the application status of modified blind hiring in the military.

A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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The effect of notification disposition in the current juvenile justice system from the perspective of institutionalized children's welfare (시설보호아동의 복지 관점에서 본 소년법상 통고제도)

  • Lee, Hyung-Seob;Jung, Sun-wook
    • Journal of the Korean Society of Child Welfare
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    • no.56
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    • pp.69-99
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    • 2016
  • Taking the perspective of children's welfare, this study aimed at critically analyzing the system of notification disposition which institutionalized children have experienced. Notification disposition is a juvenile justice process that, when a child (10 th 18 years old ) has been delinquent or is at risk for delinquency, is initiated without investigation or prosecution procedures by direct notification to a judge from the caregivers, school principals, chief probation officers, or directors of child care institutions. The data used in the analysis included case records of probation offices, and court sentencing documents of juvenile protective dispositions. Results showed that notification cases were initiated by directors of child shelters/care institutions. The most common reasons of notification were theft, runaway, physical violence, drinking, and smoking. Furthermore, there were more controversial reasons, such as "bad influence on another institutionalized children", "showing no remorse", "no sense of guilt"and "challenge of rearing in institutions" Based on the results, we discussed three problematic aspects of the direct notification system by directors of childcare institutions : (1) too much reliance on the judicature judgment of juvenile court; (2) less stability of the judicial status of notified children, and (3) inadequacies of the notifying eligibility for directors of child care institutions.