• 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.

• Fire Science and Engineering
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• v.21 no.1 s.65
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• pp.37-50
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• 2007

A primary task of fire department is maintaining public safety, system maintenance and welfare improvement by protecting life, body and property of a people through prevent and extinguish of the fire in emergency. Rescue part of those affairs has supported by the people but affairs related to the fire examination and investigation could not get it. Although fire examination is a very important part of fire department administration, it has been understood indifferently due to lack of awareness and concern. There are no scientific fire examination because of lacking education study and the whole responsibility capacity about it. There are many things have to be improved at fire examination and investigation system in Korea. Especially, establishment of the whole responsibility post is urgent through assuring professionals to improve accuracy of fire examination and investigation. Equipment which can do scientific fire examination and investigation have to be fully furnished. Efficiency of fire examination and investigation has to be increased through improving law related to fire examination and investigation, giving rescuers investigation right. Through this, it systematically have to be good for fire prevent.

• Journal of Digital Convergence
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• v.10 no.4
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• pp.167-172
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• 2012

There is no substantive enactment in our country to regulate testifier's false statement in the process of investigation under current law. In consideration of such investigation reality, there exist predominant view that the regulations against testifier's untrue statement are necessary to fine actual truth on criminal justice. However, such view is not quite agreeable, for it holds a probability that excessive investigation rights might cause infringement on personal rights. It's because of human rights protection that the criminal justice puts before the finding of actual truth as its biggest principle, and as we see above, any testifiers' untrue statement are already punishable, although restrictive, through interpretation of deceptive scheme under current law such as obstruction of justice, crimes of sheltering or flying a criminal or calumny.

• The Journal of the Convergence on Culture Technology
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• v.10 no.3
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• pp.359-370
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• 2024

Special judicial police officer are exercising their right to investigate areas that require expertise that is difficult for ordinary police to investigate. The fire special judicial policer are also like this, and since they investigate the specialized field of fire offenders, they require not only expertise in the firefighting field but also professional capabilities in the investigation. To achieve this, there must be improvements in the selection process for fire and special judicial police officers to secure excellent investigative personnel. There is a lack of educational facilities and training content that can systematically educate selected investigative personnel and strengthen their expertise, so improvements are needed. must also be done. Laws on controversial areas surrounding the fire and special judicial police must be reorganized and poor investigative conditions must be improved so that the fire and special judicial policer can properly perform their role.

• The Journal of the Convergence on Culture Technology
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• v.6 no.4
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• pp.59-66
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• 2020

This paper considered the measures of securing political neutrality of the prosecutor on the reform of the prosecution. The nation's prosecution has enormous authority. In the meantime, the prosecution enjoyed unlimited power uncontrolled with investigative rights, prosecution monopoly, and police investigation command. No other country has as much power as the Korean prosecution. However, the prosecution, which enjoys such power, is placed on the task of reforming the prosecution due to poor democratic control. Has there been such a prosecutor in Korean history who only looks forward and wields long sword ehrflqtjdrhk against corruption in power? So far, the prosecution has conducted investigations that suit the administration's taste, and the prosecutors have been on the rise in return. That is why the previous administrations tried to ensure the political neutrality of the prosecution. As such, We would like to consider legal logic to analyze the sincerity of the prosecution reform. To this end, the first is to consider the authority of prosecutors and prosecutors. Second, consider the internal requirements of the government's reform of the prosecution. Third, establish the direction of prosecution reform.

• Korean Security Journal
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• no.15
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• pp.147-171
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• 2008

This study examines the degrees of criminal investigators' job satisfaction and organizational commitment and investigates which factors determine the variations in them. In the first step of analysis, independent variables of criminal investigators' job satisfaction consist of work itself, achievement, responsibility, safety, stability, interpersonal relations, recognition, supervision, and opportunity of growth. In the second step, job satisfaction is a mediating variable and organizational commitment is a defendant variable. Organizational commitment is classified into three types - "affective", "continuance" and "normative". According to the structural equation model analysis, responsibility has a great influence on job satisfaction, and job satisfaction affects affective commitment and continuance commitment. This study suggests that job satisfaction should be increased to improve criminal investigators' organizational commitment. And responsibility is necessary for the improvement of job satisfaction. Despite the professional detective system operating in Korea since January 1, 2005, the level of criminal investigators' recognitions of safety, stability and opportunity of growth turn out to be low. Based on these findings, this study presents four ways to reform measures which are listed below. First, to improve a! n economical circumstance of criminal investigators, any expense associated with criminal investigation should be paid by organizations. Second, to improve safety of criminal investigators, it is necessary to develop and supply enough police equipments. Third, criminal investigators' working hours should be shorten. Fourth, to improve criminal investigators' responsibilities, criminal investigators should be allowed to conduct criminal investigation independently from the prosecution.

• Review of KIISC
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• v.13 no.5
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• pp.113-122
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• 2003

현대는 인터넷과 컴퓨터 없이는 잠시도 운용될 수 없는 사회이지만 이를 불법적으로 이용한 범죄행위도 점차 증가하고 있다. 이들 컴퓨터 범죄는 익명성에 기반한 대담성을 보이고 있으며, 개인의 사회적 존재로써의 자각에 있어서도 탈개인화됨에 따라 더 많은 우려를 낳고 있다. 이에 따라 일반 컴퓨터 사용자들의 프라이버시 보호를 위한 방법으로 암호화 방법을 점점 더 많이 사용하고 있는데, 이에 비례해 범죄자들의 암호사용도 증가하고 있다. 그렇다면, 범죄자들이 암호를 사용해 자신들의 범죄증거를 숨기고 있는 경우, 이를 수사하기 위해 공권력 및 수사기관은 어떻게 해야 될 것인가\ulcorner 본 논문은 이러한 문제제기를 통해 새로운 환경에 의해 변화된 코드를 활용하는 새로운 법제도를 통한 적극적인 대비방안을 모색해 보고자 한다. KLS와 같은 신기술을 수사기관 및 법집행기관이 신중하게 사용하여 국가의 법 집행력과 프라이버시권이라는 두 가지 근본 가치의 균형을 이룰 수 있는 방안을 고려하여야 할 것이다. PRIVACY와 SECURITY라는 동전의 양면은 현실생활의 법제도를 그대로 옮겨놓는 것만으로는 한계가 있다. 현재 암호와 관련한 보든 논의는 공론화 되지 못하고있다. 좀 더 공개적으로 암호를 사용한 범죄 행위에 대한 현황과 또 이를 대처한 수사기관의 수사 활동에 대해 논의하고, 그 과정에서 어떤 문제점들이 발생되고 있으며, 이들 문제를 해결하기 위해 필요한 조치들이 무엇인지에 대해 논의하고, 해외 각 국은 이 문제를 해결하기 위해 어떠한 노력들을 기울이고 있는지 살펴본후 종합적인 안목으로 시의 적절한 대책을 세우는 시발점이 되었으면 한다.

• Convergence Security Journal
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• v.13 no.5
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• pp.137-145
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• 2013

The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

• The Journal of Society for e-Business Studies
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• v.23 no.3
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• pp.129-143
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• 2018

Recently, the use of digital media such as computers and smart devices has been rapidly increasing, The vast and diverse information contained in the warrant of the investigating agency also includes the one irrelevant to the crime. Therefore, when confiscating the information, the basic rights, defense rights and privacy invasion of the person to be seized have been the center of criticism. Although the investigation agency guarantees the right to participate, it does not have specific guidelines, so they are various by the contexts and environments. In this process, the abuse of the participation right is detrimental to the speed and integrity of the investigation, and there is a side effect that the digital evidence might be destroyed by remote initialization. In this study, we conducted surveys of digital evidence analysts across the country based on four domains and thirty measurement items for enabling environment for participation in information storage media export and digital evidence search process. The difference between the level of importance and the performance was analyzed by the IPA matrix based on process, location, people, and technology dimensions. Seven items belonging to "concentrate here" area are one process-related, three location-related, and three people-related items. This study is meaningful to be a basis for establishing the proper policies and strategies for ensuring participation right, as well as for minimizing the side effects.

• Korean Security Journal
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• no.4
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• pp.219-255
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• 2001

An independence of investigation authority of police is a long desire of Korean police. This study examines a theoretical dispute of the police and the prosecution, their duties and investigation organization with the subject of an independence of investigation authority in Korean police. The object of this study is to present the problem of investigation system of police and devices of an independence of the police investigation authority.