• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.83-107
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• 2019

This article focuses on §10 of Criminal Act of the Republic of Korea to discuss how to determine criminal responsibility of a perpetrator suffering from mental disorders, while reviewing existing process and standards of mental examination at each stage of the criminal procedure as well as exploring suggestions regarding how they should be complied. The determination of the sanity or criminal responsibility of the mentally ill as defined in the §10 of Criminal Act, by its nature, cannot be approached with a traditional, clear-cut dichotomy of biology by medical practitioner and psychology·normative science by lawyer. Looking into the actual procedure of determining mental and physical disorder with special consideration of mental illness reveals the inevitability of collaboration between lawyers and psychiatrists. In the meantime, the process and standards of mental examination at each stage of the criminal procedure must be definitive and clear. First of all, during the investigation stage, examination prior to prosecution should be more actively encouraged, considering that judging sanity of the perpetrator at the time of committing a criminal act is important. During the trial stage, the mandatory examination must be conducted depending on the sensitivity and gravity of the case. Next, medical examination to determine criminal responsibility and the one to order treatment and custody must be separately conducted in order to properly execute medical treatment and custody. Obligatory mental examination could be considered both during the stage of request for and execution of the treatment and custody. Lastly, the procedure of examination and format of examination documents need to be standardized for better objectivity and reliability.

• Journal of Legislation Research
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• no.44
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• pp.689-723
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• 2013

Suicide is Korea's first leading cause of death in their twenties and thirties. at a rate of 31.2 per 100,000 in 2010. The Korea suicide rate is over twice higher than OECD's average rate. Because of this reality the suicide prevention act(full title, the Act on Prevention of Suicide and Creation of Culture that Respects Life) was enacted in 2011. In 2008, the Korean government planned the suicide prevention programs to decrease the incidence of suicide to approximately 20 per 100,000 by the end of 2013. Despite the plan the suicide rate in Korea has increased to over 30 per 100,000 since 2009 and the plan was proved to be failed. Consequently, the government was unable to lower the suicide rate in last decade. It has shown that the reduction of suicide rate is a difficult and complex problem. This study shows that the root cause of suicide is based on social and legal exclusion and proposes that suicide prevention measures should be aimed at social cohesion and legal protection.

• Korean Journal of Metals and Materials
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• v.50 no.2
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• pp.100-106
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• 2012

This study was performed to fabricate porous titanium foam by three-dimensional layer manufacturing process, and to evaluate the porosities, compressive stress, Young's modulus and fracture pattern. Porous titanium foam was made of CP(Commercial Pure) titanium powder (${\leq}5{\mu}m$). Total porosities of titanium foam were in the range of 55-68%. Pore size distribution was $200-440{\mu}m$ for coarse pores, $50-100{\mu}m$ for intermediate pores and $5-10{\mu}m$ for fine pores. Compression elastic modulus and compression stress were decreased with increasing porosity. Young's modulus ranged from 1.04-5.62 GPa and maximum stress ranged from 20-241 MPa. Regarding the mechanical properties, 3D(Three Demensional) porous titanium fabricated layer manufacturing is a promising material for human bone replacement.

• Korean journal of communication and information
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• v.38
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• pp.211-244
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• 2007

Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.