• Proceedings of the Korea Contents Association Conference
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• 2012.05a
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• pp.89-90
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• 2012

피의자신문시 변호인이 참여할 수 있도록 명문 규정을 둔 2007년 형사소송법 개정은 진일보한 개정이라 할 수 있다. 그러나, 피의자신문시 변호인 참여 제도는 현재까지도 제대로 활성화되지 못하고 있는 실정이다. 이 제도를 활성화하기 위해서는 첫째, 피의자에게 국선변호권이 확대되어야 할 것이다. 둘째, '검사의 사법경찰관리에 대한 수사지휘 및 사법경찰관리의 수사준칙에 관한 규정'의 문제점이 개정되어야 할 것이다. 셋째, 수사기관에 대한 교육이 강화되고 변호인에게 수사 일정 등 통지가 제도화 되어야 할 것이다. 이러한 대책을 통해 피의자신문시 변호인 참여 제도가 활겅화되어야 피의자의 인권이 제대로 보장될 것이다.

• Korean Security Journal
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• no.46
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• pp.113-140
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• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• Cross-Cultural Studies
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• v.47
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• pp.27-51
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• 2017

This paper considers opposition between lawyers to defend human rights which the Pacific Constitution of Japan guarantees and the public power represented by the prosecution's judicial power centered on sentencing in the 'Chatterley Trial' that was a Japanese representative literary trial which occurred after World War II. The lawyers' assertion is against the public power which reminds us of the Press Act before the war defeat. Although censorship is banned in the constitution, and it can be said that it is not a dimension just to protest the check of custom but the struggle not to reenact the past Japan.

• The Journal of the Korea Contents Association
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• v.14 no.12
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• pp.607-617
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• 2014

This article aims to explain some academic subjects based on the film, and accordingly investigate how they are to be converged and then educate individuals. The reasons why should be chosen as a text are as follows: this film is said to be fictional, but based on historical fact. Then, it attracts national attention. Third, it induces the spectators to judge the value of conscience, law, and morals, through the trial process, for themselves and leads them to raise the awareness of the historical, and political conditions at the time. Last, but not least, it contributes to the discourse on various type of men in contemporary days, by dint of analysis on the main characters. The results of the research are listed below: most of all, literature education(Korean language) could be proceeded with the help of epic analysis on . Secondly, considering the film develops the story using political allegory as discussion, along with the historic situation in those days, learning on history and politics could be made possible. Third, the film could be undoubtedly used to conduct the education of law and morality, forming the argument on required law and morals corresponding with ideological circumstance. Finally, education on film analysis could be conducted, by means of examination of the main characters. The analysis on the major characters helps to teach what it would be like for people to become the right ones, by both representing the members of society and determining the quality of life and relationship.

• Cross-Cultural Studies
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• v.44
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• pp.29-58
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• 2016

'Post-memory' is the act of remembering traumatic events in history by subsequent generations who have not had direct experiences or relations with them. For this reason, the narratives of 'post-memory' are considered as re-interpretations of the past deeply influenced by current perspectives and concerns. The Chilean film NO goes back to the Referendum of 1988 in order to examine the "NO campaign" which was opposed to another eight years of continuation of the Pinochet regime. Although this campaign contributed significantly to the Chilean democratization, the filmmaker does not just celebrate it: rather he attempts to cast a critical reflection on its strategies that eventually turned democracy into a "commodity" by deploying commercial language and marketing tools for characterizing and describing it. On the other hand, the Korean movie The Attorney sheds light on the story of an attorney who, during the military regime in the 1980's, became a human rights lawyer when he tried to advocate for university students accused of violating national security law. This film reconstitutes the meaning of democracy built upon the logic of "common-sense" that privileges freedom and fundamental human rights over Statism. Despite the different historical contexts between Chile and South Korea, these two movies retell the history of a dictatorship that ended a couple of decades ago. In doing so, they raise questions about history, memory and democracy in order to deepen the understanding of current social and political circumstances while placing an emphasis on the roles and responsibilities of intellectuals during the transition to democracy and democratic consolidation.

• 건강소식
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• v.24 no.11 s.264
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• pp.2-5
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• 2000

국회의원 5선 역임, 김대중 내란음모사건 변호인……, 적지 않은 기간동안 정치의 길을 걸으면서 민주ㆍ평화에 대한 확고한 신념을 체득한 허경만 지사는 정치 발전 못지 않게 지역 발전도 중요하다고 강조한다. 그는, 도 예산의 상당부분을 사회복지 부문에 투입하는 등 도민 모두의 보건 복지에 주력하는 동시에 전남도의 대내외적 성장을 위한 사업의 연구와 추진에 전념하고 있다. 한번 세운 바른 뜻은 굽히지 않는다는 그의 소신에서 전남의 발전된 모습이 묻어나는 시간이었다.

• The monthly packaging world
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• s.150
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• pp.108-109
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• 2005

• The Korean Publising Journal, Monthly
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• s.212
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• pp.8-9
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• 1997

• Journal of Korean Electronics
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• v.3 no.12
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• pp.12-13
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• 1983

• Journal of Internet of Things and Convergence
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• v.7 no.3
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• pp.55-61
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• 2021

This study explores four Korean films: Silenced (2011), Unbowed (2012), The Attorney (2014), and New Trial (2017). Based on these films, this study explores the features of courtroom films and their social significance on society. The ability of Korean courtroom films to have such a profound impact on Korean society is something that is not usually witnessed in other countries. Also, the fact that they are low-budget works, not action/thrillers within the 'guaranteed star' system, and the fact that they present opportunities for netizens to call for change is a defining feature of Korean courtroom films. All four films have sparked controversy over the level of realism in Korean courtroom films, but what is more important is the way in which they portray contemporary social change. In summary, these four Korean courtroom films highlight the characteristics of social action and the means of mobilization required to effect it.