• Title/Summary/Keyword: 수사권

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Changes in the environment of electronic finance and its challenges -Focusing on the prospects and implications of changes in electronic finance- (국내 전자금융의 환경 변화와 그 과제 -전자금융의 변화 전망과 시사점을 중심으로-)

  • Kim, Daehyun
    • Journal of Digital Convergence
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    • v.19 no.5
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    • pp.229-239
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    • 2021
  • For this study, we have extensively analyzed the presentation data of the government's financial-related departments and the data of each financial institution and electronic financial institution.. As a result, In Korea's electronic financial environment, real changes such as first) expansion of non-face-to-face finance, second) teleworking in the financial sector, third) abolition of accredited certification, fourth) advanced voice phishing, fifth) openness of the financial industry and diversification of forms, sixth) the'walletless society'. In addition to the above, however, global changes triggered by the Fourth Industrial Revolution spread to the financial security sector, making it difficult to respond to problems such as artificial intelligence/ deep learning/ user analysis/ deepfake technology. As the proportion of electronic finance is increasing socially, it should be studied in the fields of electronic finance and its environment, and crime and criminal investigation.

A Study on the new autonomous police system in Korea

  • Oh, Yoon-Sung
    • Korean Security Journal
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    • no.13
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    • pp.551-575
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    • 2007
  • 한국에서의 경찰제도는 국가경찰의 형태로 운영되어와 획일적이고 중앙집중식의 경찰활동에 대한 거부감이 전반적으로 있어왔다. 그러나 지역주민의 의사에 따른 자율규율에 의한 다원적 민주주의를 실현하고 국민의 기본권을 실질적으로 보장하기 위하여 지난 1995년 지방자치단체의 장과 지방의회 의원의 동시선거가 시행되어 온 이래 10여년이 흘렀다. 그러나 지방자치제도가 시행되기 이전부터 자치경찰제도에 대한 논의는 지속적으로 이루어져 왔다. 자치경찰제에 있어서 주요쟁점의 핵심사항은 자치경찰제를 도입하는 것의 득실관계라고 볼 것인데 이는 관점과 어느 측면에 중점을 둘 것인가에 따라 다르게 나타나게 된다. 지방자치의 존재 이유 중에는 주민 복지적 차원에서 주민의 안전보호가 중요한 부분을 차지하고 있다. 특히 자치경찰제는 수사권독립과 함께 지난 몇 대에 걸친 각 대통령의 선거공약이었기 때문에 노무현 정부 출범 이후 정부는 지방분권차원에서 정부혁신지방분권위원회에서 여러 가지 검토를 해 온 바 있다. 2004년 1월에 정부혁신지방분권위원회의 지방 분권과제 주요과제로 자치경찰제 방안을 검토하기 위해 위원, 관계 공무원 10명으로 자치경찰 T/F를 구성하여 운영한 이 후 자치경찰제 도입방안에 대하여 경찰정과 실시 단위 및 수행 사무 등 주요 쟁점에 대해 협의하면서 실천 가능한 방안을 마련하기 위해서 스페인, 프랑스, 이태리, 그리스 자치경찰기관을 현지 방문하여 외국 자치경찰 제도를 조사한 후 2004년 9월 중순에 자치경찰(안)을 발표하였다. 이 안은 크게 경찰을 사법경찰과 행정경찰로 구분하는 개념 하에 최초로 나온 자치경찰제에 대한 구체적 시행 안이라는 점에서 그 의의를 찾을 수 있을 것이나 지금까지의 기대수준에 과연 부응하는 안이 될 수 있을 것인가에 대한 의문이 제기되고 있다. 동 사안은 2005년 하반기에 시범적으로 시행하고 민선 4기 자치단체장이 출범하는 2006년 하반기에 본격적으로 시행될 것으로 발표하고 발표와 동시에 정부혁신지방분권위원회에서는 본 자치경찰제 기본방향과 법안제정의 원칙과 구체적인 내용에 대한 토론회를 개최하는 등 다양한 홍보를 하였으나 여러 가지 문제점으로 인하여 아직 시행되지 못하고 있다. 따라서 과연 이 안이 한국에서의 자치경찰제 시행에 효과적인 안인가 그렇지 않으면 대선공약을 지키기 위한 일종의 정치적 고려를 한 졸속적인 안이 아닌가에 대한 논란이 제기되고 있다. 지금까지 한국에서는 자치경찰에 대한 많은 토의가 있어 왔으나 이번에 제하고 있고 현재 지방자치단체에서 시행하고 있는 기존 법집행방식과 거의 차이가 없는 상태시된 안은 적어도 지금까지 논의되어왔던 제도와는 매우 생소한 자치경찰 제도를 근간으로 에서 ‘무늬만 자치경찰’ 이라는 비판이 일각에서 제기되고 있는 실정이다. 현재 자치단체에서 시행하고 있는 행정 경찰적 기능을 다소 보완하고 제복착용과 조직을 하나 더 만든 정도가 아닌가 하는 정도이다. 그러므로 본 연구에서는 정부혁신지방분권위원회에서 제시한 자치경찰제도(안)을 중심으로 자치경찰제도 운용의 목적 충족과 실질적인 효과의 측면에서 분석하고 바람직한 자치경찰제도의 운용에 대해 살펴본다.

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Augustin und die Rhetorik (아우구스티누스와 수사학)

  • Hahn, Seok-whan
    • Journal of Korean Philosophical Society
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    • v.116
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    • pp.389-410
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    • 2010
  • Augustin wurde sozusagen von der Rhetorik zum Christentum bekehrt. Der einstmalige Rhetorikprofessor (bis 386) distanziert sich von seiner $fr{\ddot{u}}heren$ Kunst. Aber er $kn{\ddot{u}}pft$ als Bischof im vierten Buch seiner weniger bekannten Schrift "De doctrina Christiana" (DDC; abgef. 427) wieder an die antike Rhetorik, speziell an Cicero, an. So wird die augustinische $Sp{\ddot{a}}tschrift$ $f{\ddot{u}}r$ eine antike Rhetorik in christlicher Verwendung gehalten. Es stellt nun die Frage, was Augustin zur $R{\ddot{u}}ckkehr$ zu seiner $fr{\ddot{u}}heren$ Kunst bewegte. Neuere Forschungen sehen in Augustins Werk eine Grundlage der mittelalterlichen Predigttheorie oder einen $blo{\ss}en$ Versuch, die Rhetorik vom Makel des Sophistischen zu befreien. Gewiss ist seine Einstellung zur "leeren Beredsamkeit" der Sophistik eindeutig, aber dies war eine Haltung, die letztlich von allen seinen christlichen Zeitgenossen geteilt wurde und folglich eines geringen Beweises bedurfte. Die Aufmerksamkeit, die Augustins $sp{\ddot{a}}terem$ Einfluss und seiner Ablehnung der Zweiten Sophistik geschenkt wird, kann den Blick $tr{\ddot{u}}ben$ $f{\ddot{u}}r$ seine Rolle bei der $L{\ddot{o}}sung$ eines christlichen Dilemmas aus dem vierten Jahrhundert. Augustin sah die Gefahren einer entgegengesetzten rhetorischen $H{\ddot{a}}resie$. Die $S{\ddot{u}}nde$ des Sophisten besteht darin, dass er die Notwendigkeit des Inhalts verneint und glaubt, nur die forma alleine sei $w{\ddot{u}}nschenswert$. Der gegenteilige Fehler, dem Geschichtsschreiber der Rhetorik niemals einen Namen gegeben haben, beruht auf dem Glauben, dass derjenige, der im Besitz der Wahrheit ist, auch ipso facto in der Lage ist, die Wahrheit anderen zu ${\ddot{u}}bermitteln$. Es handelt sich um eine $ausschlie{\ss}liche$ $Abh{\ddot{a}}ngigkeit$ von der materia. Augustin erkannte eine Gefahr und benutzte DDC dazu, eine Verbindung von Inhalt und Form in der christlichen Predigt voranzutreiben. Nur wenn man daher das Buch als einen Teil der $gro{\ss}en$ Debatte des vierten Jahrhunderts ansieht, tritt seine historische Bedeutung klar hervor. Der Leser ist beeindruckt davon, dass der Autor darauf insistiert, es sei eine Torheit, dem Feind ein $n{\ddot{u}}tzliches$ Instrument zu ${\ddot{u}}berlassen$. Augustin $erkl{\ddot{a}}rt$, dass die Kunst der Beredsamkeit rege in Gebrauch genommen und nicht kurzerhand abgelehnt werden solle, weil sie mit dem Makel des Heidentums behaftet sei. Kurz gesagt, geplant ist das vierte Buch von DDC als eine ratio eloquentiae Christianae.

The Child Sexual Assaults by Kin -The Experience of YoungNam District Sunflower Center for Prevention of Child Sexual Assaults- (친족에 의한 아동 성폭력 실태 - 영남권역 해바라기 아동센터의 경험 -)

  • Seo, Sun-Ki;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • v.2 no.2
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    • pp.21-29
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    • 2007
  • News from the media on sexual assaults to children committed by natural fathers doesn't attract social attention any more. The number of crimes related to Child Sexual Assault(CSA) is increasing every year in spite of the "Special Act on Prevention of Sexual Assault in Korea". The YoungNam District Sunflower Center for prevention of Child Sexual Assaults(SC-CSA) was established in Daegu, June 2005. The YoungNam District SC-CSA provides forensic evaluation of physical evidence, medical and psychological treatment for the victims less than 13 years of sexual assaults simultaneously. This study carried out 36 cases of CSA by kin reported to YoungNam District SC-CSA, among 180 cases in total until December 2006 since its opening. Most of the victims were girls (32 cases). 28 cases (78%) were indecent assaults (78%) and 8 cases (22%) were rapes. The assailants were overwhelmingly males (35 cases). The assailants of 21 cases (58.3%) were identified as the victims' natural fathers. The incident locations were victim's residence (31 cases, 86.1%) and the victims had been sexually assaulted regularly for many years (25 cases, 69.4%). Considering the above research, we can conclude that CSA committed by kin has specific characteristics. CSA is not a one-time incident, but consistently occurring crime. However, in 22 cases (61.1%), the victim's guardian didn't want to report about it or punish the assailants. As the assailants were natural fathers or relatives of the victims, the other family members probably thought it might be shameful to reveal their wrong doings and would lead to defamation of their family's reputation. The SC-CSA provides the counseling and medical treatment to the victims with the consent of the parents. Due to the guardians' misjudgment, the incident is sometimes not reported to the police. By not reporting the incident to the police, the assailant freely commits other crimes, which multiplies victims. The legal Act of supporting the management of the SC-CSA is still not regulated, so the stability of the SC-CSA is not guaranteed, yet. Even though it is obligatory to report incidents to the police, some cases are still not reported. Currently, there are three SC-CSA centers : in Seoul, in Daegu, and in Gwangju. More centers need to be established to diminish CSA cases in Korea.

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The Method of Participatory Government to Introduce the System of Autonomous Police (참여정부의 자치경찰제 도입방안)

  • Jung, Jin-Hwan
    • Korean Security Journal
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    • no.10
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    • pp.355-385
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    • 2005
  • As the system of autonomous police that has been debated for long time is fixed to be introduced by the program of participatory government, this treatise intends to analyze main contents and review controversial items in order to present supplementary measures. The program of participatory government to introduce autonomous police in Korea focuses on converting the autonomous police of Korea from centralized police administration in order to provide 'customized security service' that is appropriate to the regional environment. Thus, if relevant city, county or district considers that it is required to introduce the system autonomous police, the assembly may enforce the decision by enacting ordinance. For enforcement, organization in the unit of section will be established in the line of mayor, county headman and district office. The main role will be security service that is closely related to the life of inhabitants such as crime prevention, patrol, traffic crackdown, etc. as well as public health, sanitation and environmental control which are being performed by autonomous organization at present. However some expected controversial items may be summarized in the following 3 points on the premise of accepting the program of government. First, the point at issue related to the basic function of police. The basic function of police is generally understood as order keeping function such as anterior and preventive job and law enforcing function such as posterior and suppressing job. By the way, the program of government does not endow the autonomous police with investigation right for general crime, thereby raising the controversy that our autonomous police is nothing but the assistant of police. Furthermore, the present national police also expresses its dissatisfaction to the transfer of authority. Second, the issue of balance of security service between self-governing bodies may be raised. The security environment is different between self-governing bodies and thus demand of security is different. Therefore, the security service of autonomous police will reveal difference in qualitative aspect for each self-governing body. Moreover, it can be easily anticipated that the quality of security service may be different as per the financial independence degree. Third, the point at issue anticipated with the operation funded by the budget of self-governing body. As autonomous police is operated by the budget of self-governing body, the following problems may be raised; (1) since police administration is subordinated to general administration, the concentration may be weakened (2) the cooperation between policy agencies may be impeded (3) owing to the difficult in possessing spare police, the mobility of police may be somewhat reduced.

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A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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The Characteristic of the Carrier's Liability Due to the Illegal Act of the Crew during International Air Transportation (국제항공운송 과정에서의 기장 등의 직무상 불법행위에 기한 운송인의 손해배상책임이 가지는 특수성)

  • Kim, Min-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.3-37
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    • 2020
  • The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

Analysis of Developing Contents of 2005 Renault Samsung Motors Corporate Brochure (2005 르노삼성자동차 Corporate Brochure Contents 개발 분석)

  • Suh, Kyong-Won
    • The Journal of the Korea Contents Association
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    • v.7 no.4
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    • pp.241-249
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    • 2007
  • This article addresses considerations, processes of drawing concepts and design approaches in compiling a corporate brochure set in the practice of editorial design. A well-made brochure does not simply refer to listings of the current state of a company and a fantastic visualization of their visions. It necessarily involves the utilization of strategic core keywords appropriate to the industry, proper and classy metaphors that fit the target, a certain harmony between direct and indirect narratives, and bringing all of these aspects under the hat of creative and purposeful design in a single brochure. Thus, it also calls for variety and changes to captivate the eye when leafing through brochures. 1. Does the brochure reflect accurate diagnoses on the position of the market environment, the industry and their needs? 2. Does it offer solutions to given tasks, does it claim to be able to solve problems a company may have, does it satisfy their expectations, and does it cover the topics in an in-depth manner? 3. Referring to questions 1 & 2, does it address existing cases of competitors, leading players and global trends? 4. Does it have an appropriate design language that can communicate intrinsic issues and global trends as well as appropriate rhetorical visual aids that stand out?

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

A Study on the Change of the Beginning Science Teachers' Beliefs About a Lesson and Teaching Practice in Argument-Based Inquiry Using Science Writing (논의기반 탐구 과학 글쓰기 수업 적용에서 나타나는 초임 과학 교사들의 수업에 대한 인식 및 수업실행 변화)

  • Kwon, Jeongin;Nam, Jeonghee
    • Journal of The Korean Association For Science Education
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    • v.33 no.7
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    • pp.1329-1342
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    • 2013
  • The purpose of this research was to investigate the relationship between the change of beginning teachers' beliefs about a lesson and that of teaching practice and argument-based inquiry using science writing. Participants were three science teachers (A, B, and C) from different middle schools. Classroom observation and interview data were collected and transcribed for analysis. A Summary Writing test was also administered to examine whether there was an improvement in students' learning. The results indicated that the interaction between the teachers and their students developed, which is concluded as an improvement in the teaching practice. Teacher A and B also reported that teacher-student interaction had improved. Teacher A and C came to understand that argument-based inquiry using science writing classes constituted learner-centered instruction. The result from the Summary Writing Test showed the impact of the changes in teaching practice and in teachers' awareness of students' learning as well as produced meaningfully higher scores than compared groups on the rhetorical structure of all the specific areas in teacher A's school and on the scientific concept at B and C's schools.