• Proceedings of the Korea Contents Association Conference
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• 2018.05a
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• pp.219-220
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• 2018

경찰은 2015년 '범죄피해자 보호 원년'을 선포하고 전국 경찰서에 피해자전담경찰관을 배치하는 등 지속적인 보호조치를 실시하였고, 2018년에는 경찰법과 경찰관직무집행법의 경찰 임무와 경찰관 직무 범위에 '범죄피해자 보호'를 명시해서 범죄피해자 보호를 강화하고 있지만, 강력사건에 피해자전담경찰관이 현장 출동자와 동행하도록하는 등 현재보다 경찰의 범죄피해자 보호제도가 더 확충되어야 하며, 사건의 가해자에 대한 철저한 수사도 필요하다. 경찰은 범죄가 발생하지 않도록 예방하여야 하고, 범죄가 발생한 경우에는 수사 전과정에서 범죄피해자 보호중심으로 수사하여야 국민의 신뢰도 얻고 실체진실발견에도 도움이 될 것이다.

• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.112-120
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• 2019

This study conducts survey on currently working police officers to examine the actual utilization of HUMINT and suggest measures for strengthening the effective intelligence police activity, Intelligence Led Policing. For the completeness of study, this study presented evidences based on survey data from police officers at sites and this study also suggested improvement measures. in regulating the scope of duty, "Act on the Performance of Duties by Police Officers" regulates that 'Gathering, preparation, and distribution of public safety information' is the duty of police officer and defines the information gathering activity of police as the unique work of police officer. Thus, in accordance with "Act on the Performance of Duties by Police Officers", police officers gather various information to prevent crimes and maintain orders. Among the information gathering methods used by police officer, HUMINT is the oldest measure and it is still utilized. HUMINT has the advantages of low expense, high accuracy, and critical impact on the other. Nevertheless, due to limitations in data objectification, measurement, and responses to double attack, HUMINT is underappreciated. With awareness on such HUMINT issues, this study conducted survey on in-service police officers and examined the actual state of HUMINT. Based on the survey result, this study suggested Intelligence-Led Policing as the effective application method.

• Korean Security Journal
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• no.44
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• pp.251-278
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• 2015

Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

• Korean Security Journal
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• no.57
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• pp.177-203
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• 2018

Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

• Korean Security Journal
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• no.44
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• pp.85-116
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• 2015

Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

• Convergence Security Journal
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• v.11 no.2
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• pp.13-24
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• 2011

Policemen judge the situations rationally and use their equipment such as handcuffs and rope within the purview, finding them needed to arrest criminals in the act who commit crimes which conforms to death penalty, life imprisonment or long imprisonment for over 3 years in accordance with Clause 10-2, Article 1 of the Police Mandate Law and prevent fleeing from them, defend their and others' lives and bodies, or if there are probable causes to be recognized that using equipment is necessary to restrain the interference with government officials in the execution of their duties. However, as the cases which the criminals run away in handcuffs or with both hands tied occur, it results in the waste of police force, distrust and enormous trouble in the pursuit of their duties. Therefore, if the way to perceive fleeing of criminals who have already worn the police equipment by some simple assistive devices without developing other new equipment, it will be very effective for police duties. This study is about the combination apparatus for fugitive prevention attached to the existing handcuffs and rope whose alert sounds let the staffs working inside the office perceive the fleeing of wanted criminals and examined suspects who wear the handcuffs or are tied up with rope, providing that they go through the exit where a transmitter and a receiver were set. The combination apparatus for fugitive prevention which the study introduces contains the connecting parts which connect a flexible tube(cognition tags inside of the tube) of connector equipped with the police equipment with the ends of the tube and the part where these two meet and which connect them inside of the tube. The connecting parts are easy to be attached to the police equipment such as handcuffs and rope, but hard to be dismantled by the people tied up with the equipment. It enables watchers to perceive the fleeing of wanted criminals and examined suspects who wear the handcuffs or are tied up with rope, providing that they go through the exit where a transmitter and a receiver were set. Plus, if it is combined together with the portable receiver, it can be installed on the patrol cars and easily adopted to supervise illegally accessing of evidences. It is also avaliable to be adjunctively utilized for the handcuffs provided and the cost is so reasonable. Owing to its snap-on way to the cuffs, it can clear up any invasion of privacy and it can not be used as a self-injury tool because of the soft tube. Using AM Tag minimizes the lack of malfunction.

• Journal of Navigation and Port Research
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• v.29 no.3 s.99
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• pp.235-244
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• 2005

A new type qf demonstrations in the temporal and spacial aspects, such as accidental and unprepared demonstration, urgent assembly, demonstration-on-sea, demonstration-on-highway, and etc., which are not intended in the Law of Assembly and Demonstration, are becoming a social problem Especially, the law on demonstration-on-sea needs to be discussed further because it is not clear if the Law of Assembly and Demonstration is applicable here. If so, how can it be explained logically? Or, if not so, which law should be applied to this context? So far, various theories on demonstration-on-sea have been opposed aggressively vs. submissively. However, it should be guaranteed that the demonstration on sea is one of the constitutional rights based on the self-decision right of demonstration's place. Accordingly, these contents have to be interpreted with a concept of demonstration in Demonstration's law in coordination with the Constitution. Therefore, it is not persuasive that Demonstration's law is analogized, or general police law is applied, to such untypical demonstrations. In addition, taking into consideration a demonstrative function for minority under modem situation of demonstration, it is right to apply the Law of Assembly and Demonstration to the demonstration-upon-sea directly.