• Title/Summary/Keyword: 수사권

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A Review on the International Criminal Law of the Murder Case on Board - Focus on the Fishing Vessel "803 Gwang-Hyeon" - (선상 살인사건의 국제형사법적 고찰 - 803광현호 사건을 중심으로 -)

  • Park, Se-Yeong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.5
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    • pp.482-487
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    • 2017
  • It is necessary to respond to criminal cases on board of pelagic fishing boats in the international waters with domestic legal judgement and international legal judgement due to a natural limitation by geographical long distance while it is possible to deal with domestic criminal cases with prompt response by using air crafts or patrol vessels. In other words, according to the flag of the vessel, the legal status of the water where is the crime scene, the nationalities of the victim and the perpetrator, it is required to judge if Korea can exert their jurisdiction and there is an issue if Korea Coast Guard exert their law enforcement effectively with this natural problem. In this paper, I propose a systemic improvement for a swift investigation for henceforth similar case's occurrence by analyzing the jurisdiction, the suspect's handling, the basic cause of the murder on-board which are based on the case of the vessel No.803 Gwang-Hyeon which was happened recently.

A Study on Institutional Foundation on the Korea Counter-Terrorism System (한국 테러대응 시스템의 제도적 구축방안)

  • Kwon, Jeong-Hoon
    • Korean Security Journal
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    • no.25
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    • pp.27-61
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    • 2010
  • This study looks at plans for the efficient functions of the current terror response system in Korea. The results are derived from by comparing and analyzing American, British, German, Japanese, and Korean terror response systems. It focuses especially on addressing some problems with Korea's terror response system and how to operate it effectively. The study will systematically compare and analyze each nation's terror countermeasure studying organizational, functional, and legal aspects as standards. This study shows that there is not an exclusive terror response center in Korea compared with other nations such as America, the United Kingdom, Germany, and Japan. Also it is difficult to expect effective and vigorous operations due to weak cooperation across the relevant organizations. The presidential directive of the state's anti-terrorism action guidelines is legally ineffective. This means that on legal grounds, it is difficult to take actions to prevent the terrorism. Therefore, keys to counteracting terrorism derived from this study are summarized below. In the first place, an integrated terror response system should be set up for expansion of information sharing which leads to emergence effect. In the second place, the superior legislative systems should be made for the cleardefinition and extent of what the terror is, rigid enforcement of investigation, immigration, and keeping an eye on the funds raised by terrorists and tracking down the terrorists, the plan for eco-terrorism. In the third place, to augment security of vital facilities and peoples' awareness of terrorism safety should be emphasized and a cooperative system between civil and government organizations need to be built. In the fourth place, system for crisis management must be provided in an effort to maximize management system of terrorism and unify a decentralized emergency countermeasures effectively.

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A Study of the Design of Social Safety Net in Korea -with Special Emphasis on the Livelihood Aid Programme- (고실업 저성장 시대의 사회적 안전망 구축에 관한 연구 - 생활보호제도의 개선을 중심으로 -)

  • Moon, Jin-Yong
    • Korean Journal of Social Welfare
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    • v.35
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    • pp.179-203
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    • 1998
  • Since the end of 1997, the Korean economy has been in deep recession; the unemployment rate has rocketed to 6.7% and the economic growth rate has dropped to -3.8% in the first quarter of 1998. Facing with this mass unemployment, the Korean Government launched comprehensive countermeasures against mass unemployment.. However, these have been in severe criticism from the outset on account of ineffectiveness and impracticability. It is in this regard that this paper purports to design a socially acceptable and financially feasible social safety net by reforming the Livelihood Aid Programme. For this purpose, chapter 3 defines the concept of social safety net, and chapter 4 reviews the social safety net programmes sponsored by World Bank and IMF in the Third World countries and Eastern European countries. Chapter 5 proposes the Three Step Approach in designing the social safety net in Korea.

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A Study on the Legislative Conception of Terror of the Advanced European Nations (유럽 선진국의 법제적 테러 개념에 관한 고찰)

  • Kwon, Jeong-Hun;Kim, Tae-Hwan
    • Korean Security Journal
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    • no.15
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    • pp.29-50
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    • 2008
  • Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

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Subject and Prospect of Terror Confrontation National Institution (테러대응을 위한 국가기관의 과제와 전망)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.17
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    • pp.157-172
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    • 2008
  • The purpose of this research is to suggest a construction device that can transform a public safety, security service, security system on counter- terrorism device system, from government leading type to private management type. There are purpose on this thesis to research for the bringing up counter-terrorism experts certification system and about all sorts of developed device among our country's counter-terrorism situation and through comparing developed country's private security's developing device. This summary of thesis is like below. First we need to establish total counter-terrorism center, like developed country on national corresponding strategy. Second, we need to make an organization as a country security department unified as an America's President directly belonging organization. Third, it is to legislate about an counter-terrorism. Fourth, we need to make a coorperate system according to counter-terrorism duty come under private management, so that can recover a trust among people. Fifth, a terror warning system is necessary. Private security's mutual relationship and developing devices is First, it is necessary to bring up counter-terrorism expert. Second, it is necessary to bring in counter-terrorism experts certification system. Third, counter-terrorism research center that come under private management is necessary. It is considered that various research need to be continued after by bringing up counter-terrorism experts, transforming a consciousness, counter- terrorism education, building an equipment and education center, not for a special group, that can minimize human infringement.

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A Study of five elements in 『Hyupgiltongui』 Bonwon chapter one (『협길통의(協吉通義)』 본원일(本原一)의 5행(行)에 관한 연구)

  • Kwon, Yung-soo;Kim, Ki-Seung
    • Industry Promotion Research
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    • v.5 no.3
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    • pp.135-144
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    • 2020
  • Five elements that form all things have been symbolized in that they are indispensable elements in human life. Moreover, each unique energy has been used to explain the existence of all creation and the origin of action. The theory of five elements can be changed and utilized into various forms, including co-existence and conflict of five elements, five elements itself, the combination of Ganji five elements, Wangsanhyususa(旺相休囚死), five elements and Yin-yang. Especially, 『Hyupgiltongui Bonwon chapter one covers five elements, five elements of Ganji, seasonal use of five elements, prosperity and decline of five elements depending on seasons, Union of 3 elements among Twelve Zodiac Signs(三合), Union of two elements among Twelve Zodiac Signs(六合), changes of Cheongan 5hab. Therefore, if you analyze and utilize them, you can tell someone's fortune by theory of five elements only and read fortune in detail by combining it with other theories.

A Study on the insurance crime using a false hospitalization (허위입원을 이용한 보험범죄에 대한 연구)

  • Park, Hyung Sik;Park, Ho Jeong
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.79-87
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    • 2015
  • In order to clearly recognize illegality of insurance crime, declaring the provisions on insurance crime is preferable. An insurance fraud differentiated from Configuration Requirements of general fraud should be established And differentiation in accordance with the act type of insurance crime the degree of organizational involvement is required. Also the introduction of civil sanctions and creation of additional punishment provision about Organized insurance fraud are required. To notice duplicate insurance when sign up life insurance, the revision of the provisions is required. To limit unnecessary long-term hospitalization, hospitalization standard is required. Introduction of private investigator is required as a method for endowing with investigation to the staff of insurance companies. By providing information sharing laws between relevant agencies including insurance companies and law enforcement agencies, the foundation of information database, and the introduction of SNA Techniques in the IFAS,, you can detect Organized collusion crime.

Comparative Study of US and Korean Legal System on the Privilege against Self-Incrimination through Forced Unlocking in Digital Era (디지털시대 강제해독에 따른 자기부죄 거부 권리에 관한 미국과 한국의 제도 비교 연구)

  • Lee, Ook;Jee, Myung Keun;Lee, Dong Han
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.17 no.3
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    • pp.235-241
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    • 2017
  • With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

A Study on the Balanced Regional Development Strategy through Horizontal Fiscal Equalization Systems(I) (수평적 지방재정조정제도에 의한 지역균형발전전략 연구(I))

  • Kim, Yong-Chang
    • Journal of the Korean Geographical Society
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    • v.43 no.4
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    • pp.580-598
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    • 2008
  • Focusing on 'growing together' strategies through horizontal fiscal equalization systems, this and subsequent papers aim to suggest regional co-development strategies in which conflicts between the Seoul Metropolitan Area(SMA) and the non-SMA can be efficiently alleviated. Regarding the socio-economic relationships between the SMA and the non-SMA, there are two contradictory perspectives. One perspective is that the SMA grows at the expense of the non-SMA. The other perspective is that non-SMA's economy is somehow entirely dependent on the economic activities occurring within the SMA, which is the opposite of the former perspective. There are various forms of collaboration among local or regional governments, but the most radical solutions involve the establishment of new regional development financing method at the practical level. This paper suggests that horizontal fiscal equalization not yet introduced between same level subgovernments need to be institutionalized to promote the growing together between the SMA and the rest region of Korea.