• Title/Summary/Keyword: 구속영장

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A Statistical Model for Decisions on Arrest Warrants (구속영장발부 여부에 관한 통계모형)

  • Kim, Jung-Hun;Lee, Na-Rae;Lee, Gye-Min
    • The Korean Journal of Applied Statistics
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    • v.23 no.6
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    • pp.1225-1234
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    • 2010
  • When most examining judges deny the request for an arrest warrant, they cite (as a reason) that there is no worry about escape or the destruction of evidence. Consequently, there has been no knowing what characteristics of a crime mainly affect the decision for an arrest warrant and there has been significant dispute about the exact decision criteria used for an arrest warrant. This paper classified the data about the request of arrest warrants for crimes committed in the jurisdiction of the Jinju Public Prosecutors' Office in 2006, 2007 and 2008, into 7 categories according to characteristics of the crimes. For each category we construct a statistical model about the decision on arrest warrants by applying a crosstabulation analysis in order to look for the characteristic of crime that affect the decision for an arrest warrant.

Consideration of Voluntary Company by Police to Legality of Criminal Investigation (경찰의 임의동행에 의한 수사의 적법성에 대한 고찰)

  • Son, Bong-Son
    • The Journal of the Korea Contents Association
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    • v.7 no.12
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    • pp.105-113
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    • 2007
  • Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

PC통신 성인정보서비스 유해성 논란

  • Korea Database Promotion Center
    • Digital Contents
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    • no.7 s.62
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    • pp.16-17
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    • 1998
  • 최근 성인정보서비스의 유해성 문제로 검찰이 한국통신, 데이콤, 한국PC통신, 나우콤 등 PC통신업체들을 조사하고 구속영장을 청구함에 따라 성인정보서비스가 전격 중단된 사건이 있었다. 이에 PC통신 관계자들과 이용자들은 크게 반발하고 있으며 이번 사건으로 국내 IP산업은 적지 않은 타격을 받을 것으로 예상되고 있다. 이번 성인정보서비스 유해성 논란의 발단, 법적근거, 대책에 대해 살펴봤다.

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A Study on procedure of Criminal Cases related to the Security (안보형사법제도의 바람직한 개선방향 제시 - 안보사례분석을 중심으로 -)

  • Joo, Seong-Bhin
    • Korean Security Journal
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    • no.43
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    • pp.231-257
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    • 2015
  • Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

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A Study on Seaman's Criminal Responsibility of Marine Accidents (해양사고에 따른 해원(海員)의 과실책임에 대한 형사실무적 고찰)

  • Song Yong-Seop;Suh Geo-Suk;Park Yong-Uk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.41-49
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    • 2005
  • In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

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