• Korean Security Journal
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• no.13
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• pp.47-70
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• 2007

The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

• 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.

• The Journal of the Korea Contents Association
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• v.5 no.4
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• pp.54-61
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• 2005

Sixty years have passed since the police system was established in Korea. So far, there have been consistent discussions on independence of police investigational rights. Political powers have mentioned its independence as one of their public commitments and specifically, it has been a big issue in respect to establishment of the current participation government. The issues involved in investigational rights were derived from the regulations as follows: 'Prosecutors shall manage investigation(No. 195. the Criminal Procedure Act) and 'The police shall be guided by prosecutors in respect to investigation'(No. 195. the Criminal Procedure Act). President No Mu-hyun proposed he would take care of the issues involved in investigational rights at an interview. This study speculates investigational right systems of countries that follow continental law system and English law system and more valid investigational right system based on the guaranty of human rights and the principle of power division to find reasonable suggestions on independence issue.

• Journal of Digital Convergence
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• v.19 no.12
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• pp.469-475
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• 2021

The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.133-173
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• 2011

Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educational role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.137-162
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• 2004

Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.1-43
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• 2012

This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

• The Critical Review of Religion and Culture
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• no.29
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• pp.134-167
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• 2016

This paper aims at exploring the characteristics and meanings of religious freedom controversy surrounding religious education, with special reference to proselytism, in protestant mission school in recent Korea. Most of protestant mission schools have been providing students compulsory religion class and chapel service in the name of religious education. According to the school authorities, religious education should be provided for the realization of founding philosophy, and they say that mission school has the right to religious education. On the contrary, many non-christian students argue that their religious liberty is seriously violated by required religious education especially compulsory chapel worship. So serious conflicts broke between mission school authorities and students. Supreme Court decided that Soongsil University has the right to maintain compulsory chapel service, ruling that Daegwang High School should not maintain required chapel worship. It seems that Supreme Court gave different decisions to high school and university respectively, considering the differences between high school and university in application for admission to a school, students' critical consciousness, school's autonomous rights, etc. However, these precedents are being challenged by many peoples and groups. There are three agents which are involved in religious freedom controversy in mission school. The first are mission school authorities supported by religious groups, the second government supported by political parties, and the third mission school students guided by NGO. Among them protestant groups are playing the major role in making religious freedom problems in mission school. Protestant groups try to convert mission school students to protestantism by compulsory chapel service and religion class. Such a protestant proselytism becomes a cause of oppressing students' human rights and religious liberty. In this situation government has a responsibility to protect the students' rights to religious freedom. But government seldom impose sanctions on the protestant mission schools' compulsory programs. The reason why government does not restrict mission school's unlawful religious education is because protestant groups have strong influence in voting. Eventually civil movements organizations involved in religious freedom controversy for the sake of students's human rights. In conclusion, the assailment is protestant proselytism, the accessory is government, the victim is students in the religious education in mission school in recent Korea.

• Informatization Policy
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• v.25 no.2
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• pp.3-19
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• 2018

With the introduction of video cameras into law enforcement, a great deal of police organizations have adopted the technology in their routine crime prevention activities. The up-to-date systems of ambient surveillance energized by CCTV, police wearable cameras, drones, and thermal imaging devices enable the police to thoroughly monitor public spaces as well as to rigorously arrest on-scene criminals. These efforts to improve the level of surveillance are often met with public resistance raising concerns over citizens' rights to privacy. Recent studies on the use of police video equipment have constantly raised the issues related to the lack of applicable legal provisions, risk of personal information and privacy infringement as well as security vulnerabilities. In this regard, the present study attempted to review the public surveillance methods currently used by law enforcement agencies worldwide within the context of public safety and individual rights to privacy. Furthermore, the present study also discussed the legal boundaries of police use of video equipment to address public concerns over privacy issues.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.4
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• pp.533-537
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• 2011

The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.