• Title/Summary/Keyword: 미수범

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Necessity of Intent for Defense in Case of Legitimate Self-defense (정당방위에 있어서 방위의사의 필요성)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.107-114
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    • 2012
  • Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

The Study on Aviation Crime in Aviation Safety and Security Act of Korea ("항공안전 및 보안에 관한 법률"에 있어서 항공범죄에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.27-54
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    • 2010
  • Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

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"금궤요약심전(金櫃要略心典).장부경락선후병맥증제일(臟腑經絡先後病脈證第一)"에 대한 연구 -약론(略論) "금괘요약심전(金櫃要略心典).장부경락선후병맥증제일(臟腑經絡先後病脈證第一)"-

  • Lee, Seon-Ran;Lee, Yong-Beom
    • Journal of Korean Medical classics
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    • v.18 no.2 s.29
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    • pp.168-189
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    • 2005
  • 통과분석(通過分析)${\ulcorner}$금궤요약심전(金櫃要略心典) 장부경락선후병맥증제일(臟腑經絡先後病脈證第一)${\lrcorner}$ 중우재경적주석(中尤在據的注釋), 득출여하결론(得出如下結論): 1. 우재경반대이용오행상생상극이론진행장련분석(尤在濫反對利用五行相生相池理論進行長蓮分析), 인위분석일차성상관관계즉가(認爲分析一次性相關關係卽可). 2. 제창오미적오장체용보사이론(提唱五味的五臟體用補瀉理論) 3. 이흡기정도구분삼초각부위적실송(以吸氣程度區分三焦各部位的實訟) : 미수시상초실(微數是上焦實), 촉시중초실(促是中焦實), 원시하초실(遠是下焦實) 4. 이척부출현부맥(以尺部出現浮脈), 판단위표지리(判斷爲表之裏), 장출현요통배강불능행적증상(將出現腰痛背强不能行的症狀), 여과입리(如果入裏), 장출현(將出現) ‘단기이극’적증상(‘短氣而極’的症狀). 5. 종(從)1-13조문중(條文中) '대사(大邪)'. '소사적주석급(小邪'的注釋及)1-17조문중‘소득’등적주석내용(條文中‘所得’等的注釋內容), 가이간출(可以看出), 우재여불근종(尤在濾不謹從)${\ulcorner}$금궤요약(金櫃要略)${\lrcorner}$, 차근거림상실제내진행주석(且根據臨床實際來進行注釋).

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Improvement of Gill Net and Trap Net Fishing for the Resource Management in the Southern Sea of Korea (남해구 자원관리형 자망 · 통발 어구어법 기술개발 -붕장어 Conger myriaster 그물통발의 망목선택성-)

  • Lee, Ju-Hee;Kwon, Byeong-Guk;Lee, Chun-Woo;Kim, Hyung-Seok;Jeong, Soon-Beom;Cho, Young-Bok;Yoo, Jae-Bum;Kim, Seong-Hun;Kim, Bu-Yeung
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.41 no.1
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    • pp.27-34
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    • 2005
  • This study was conducted to examine the mesh selecivity and optimum mesh size of spring frame trap for conger eel. Conger myriaster. It was carried out on 25th Sep. 2002 at the coastal sea of Nung-po, Geojedo. The experimental fishing gear was used in five kinds of different mesh size spring frame trap that were 15mm, 20mm, 25mm, 30mm and 35mm, and one plastic pot as control fishing gear that was 6.7mm hole diameter. The mesh size 15mm, 20mm are the current gears, 25mm, 30mm are used in experiment, and 35mm is the legal mesh. These were made 50 traps, respectively. The mesh selectivity curve was analysed by the Kitahara's method(1968) and the optimum mesh size was estimated by relationship between the total length and diameter of conger eel and by the mesh selectivity master curve. The results obtained are summarized follows : 1. The total number of catch by the trap for conger eel was 835, it was consisted of 537 conger eel(64.4), 225 crabs(2639%) and 73 others(8.7%). 2. The value of maximum 1/m on the mesh selectivity curve was estimated at about 23.9. 3. The optimum mesh size of spring frame trap for conger eel was estimated 34.0mm in 50% selection range of the mesh selectivity master curve.

Professionalism raising of the escort which leads an instance analysis (사례분석을 통한 경호 전문성 제고)

  • Yu, Hyung-Chang
    • Korean Security Journal
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    • no.18
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    • pp.73-99
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    • 2009
  • There are three assassination and treatening cases in this thesis introduced as analysis data. They are shooting accidents of the U.S.A's President Reagun (1981,3.30), and the President Park Jeong Hee of South Korea(1974.8.15), assassination of the Prime Minister Lavin of Israel (1995.11.4) In March 30, 1981, there was an accident where criminal, Hinckley, fired ball cartridges right before the President Reagan got into the car to move to White House after completing the announcement of Hilton Hotel of Washington. As a result, the chest of president was shot and public information secretary and safeguard were wounded. In August, 15, pm 10:23, where the 29th 8.15 independent anniversay event was being celebrated by the people at the National theater in Jangchungdong, Seoul, the criminal Moon Sekwang fired ball cartridges, he failed to assassinate the President Park Jeong Hee of Korea, but shot the First lady Yuk Young Soo. She was wounded right part of head and died. In November 4, Saturday, pm 22:00 the Prime Minster Lavin had finished the supporting event of Middle Asia's Peace project and was taking on the car when he was killed by the criminal Amir's shooting, The accidents left very important lesson from the aspect of security analysis and it has been frequently used as a material for the education and training of safeguard organization. In Korea, as well as Presidential Security Service, national security departments have selected it as an important model for the subjects such as 'Security Analysis, 'Security Practice' and 'Security Methodology'. In the performance of security duty, security skill is the most important matter. Moreover, it has a close relationship with politics, society and culture. The purpose of this study is to analyze and reevaluate the case, which has been treated as a usual model from the aspect of security analysis, beyond its introduction. Attempted assassination of President Reagan was evaluated as a positive success example because of its rapid response of adjacent guards to evacuate Reagan, who is a guard target, within 10 seconds after the shot. When comparing it to President Kennedy Assassination of 1963, it was evaluated that guards were significantly specialized. In the study, however, it was possible to found many problems such as carelessness of guard, who is in charge of external area of event place, idle attitude for frequently used event place, confusion of wireless communication, risk of wireless security disclose, insufficient provision of compulsory record file, insufficient profiling of dangerous person and unsecured hospital and first-aid room.

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