• 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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• 2019.05a
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• pp.131-132
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• 2019

생계형범죄라는 말은 '생계'를 위해 범죄를 저지르는 안타까운 일이 발생하는 상황에서 만들어진 용어이다. 생계형 범죄의 기준이 법적으로 규정된 바 없지만, 실무적으로는 기초수급대상자이면서 고령인 사람, 65세 이상으로 경미한 범죄를 저지른 사람, 70대 이상의 노인이 생계와 관련하여 저지른 가벼운 범죄. 그리고 기초수급대상자 이외에도 의료수급이나 빈곤층, 또 치매 등으로 사리 판단이 분명하지 않은 사람들이 저지르는 범죄가 그 대상에 포함이 되어 다루어지고 있다. 생계형범죄는 대부분 중하지 않은 범죄라고 볼 수 있다. 생계형범죄와 관련이 있는 것은 경미범죄 혹은 즉결심판대상범죄이다. 광주에서 2016년 경미범죄심사를 받은 사람들이 109명이었고 2017년에는 142명으로 증가를 했으며 2018년에는 66명으로 감소되었다. 이것은 범죄가 줄어든 것이 아니라, 경찰이 생계형범죄를 비롯한 경미범죄심사 대상자들을 즉결심판에 넘기면서 줄어든 수치이다.

• Journal of the Society of Disaster Information
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• v.10 no.2
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• pp.220-228
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• 2014

A stalking is becoming more diverse and the methods are developing over time as the society has changed over time due to the advancement of information technology but an initial countermeasure seems to be difficult as there is no sufficient legislations against such crimes as stalking. Our country passed laws regulating such stalking at 1999 and four more additional bills were proposed until the 18th National Assembly but they failed to become legalized. Two more additional bills were proposed during 19th National Assembly which are still pending. Crimes such as stalking violates and invades physical and psychological freedom of the victims and the crimes are severely inveterate and intentional. Advanced countries such as the United States, the Great Britain, Germany, and Japan enacted legislations that strictly regulates stalking and also appropriate responses. As these exemplary cases show, it is essential that our country also requires an effective legislations against crime of stalking and protecting a victim of the crime.

• Korean Security Journal
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• no.14
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• pp.485-516
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• 2007

Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.