• Title/Summary/Keyword: 형사사법

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A Study on Inter-Korean Criminal Justice Cooperation (남북한 형사사법공조에 대한 연구)

  • Nam, WAN-Woo
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.321-322
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    • 2022
  • 남북은 분단 이후 70년을 각자의 정치체제를 구축하며 공존을 하고 있다. 그 과정에서 7.4 남북공동성명에서 남북은 처음으로 마주 앉았고 2000년 6.15 남북공동선언에서 남북연합이라는 통일의 방식이 나오기도 했다. 하지만 북한의 핵개발과 무력행동으로 여전히 남북은 정치적 협력은 불가능할 수준이지만 비정치적 분야에서는 알게 모르게 협력을 하고 있다. 그 협력 가운데 비정치면서 서로 관심을 가질 수 있는 부분은 환경범죄, 마약범죄와 같은 형사사법 분야다. 남북은 서로를 국가로 인정하지 않고 있기에 형사사법공조조약과 같은 형태로는 형사사법공조가 불가하기에 남북이 형사사법 분야에서 공조할 수 있는 부분을 찾아 보고자 한다.

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Study on the Korea Information System of Criminal Justice Services (형사사법정보시스템(KICS)의 활용실태 및 개선방안)

  • Shin, Sung Shik
    • Convergence Security Journal
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    • v.15 no.4
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    • pp.141-147
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    • 2015
  • KICS is intended to facilitate the computerization of the criminal justice process and realize a quick and transparent criminal justice process. Thus, it has been operating in the field of criminal justice by establishing criminal justice portal for the empowerment of the people. While in 2008 the opposition by the Court concerns the independent function of the judiciary and privacy violations presented in conjunction with its own operating system between the judiciary and other institutions. KICS improve office productivity by creating documents in a single criminal justice agencies to reduce costs, and costs of document exchange between criminal justice agencies. Secondly, the decision-making process is simplified by using the electronic documentation system and speed up, bind and document handling procedures ranging from preserving documents received are reduced dramatically contribute to the competitiveness of the organization through business improvement. Third, The use of an electronic document stored in the information is easy, and it is possible to easily access a variety of information can facilitate the realization of an open state by smoothly to provide information about the people. Finally, KICS building a network of criminal legal systems to maximize the benefits and the electronic integration effect it is being evaluated to improve the overall efficiency of the criminal legal system.

The Regulations by Criminal Law against any Testifier's Untrue Statement in the Investigation Procedures (수사절차에서 참고인의 허위진술에 대한 형사법적 규제방안)

  • Yoo, In-Chang
    • 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.

A Study on the Use of Criminal Justice Information Big Data in terms of the Structuralization and Categorization (형사사법정보의 빅데이터 활용방안 연구: 구조화 범주화 관점으로)

  • Kim, Mi Ryung;Roh, Yoon Ju;Kim, Seonghun
    • Journal of the Korean Society for information Management
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    • v.36 no.4
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    • pp.253-277
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    • 2019
  • In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.

Legal System Reasearch Relating to Retaliatory Crime (보복범죄 관련 법제연구)

  • Kang, Maeng-Jin
    • The Journal of the Korea Contents Association
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    • v.15 no.4
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    • pp.179-187
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    • 2015
  • Social unrest from retaliatory crimes is increasingly becoming problematic. Recently, there was an accident involving a suspect who went to a hospital and committed acts of retaliatory violence 11 times. This person's reasoning was that he was imprisoned due to the hospital's reporting to the police. He was consequently arrested in Boeun Choongbook on December 27th 2014. Accidents like this one take place frequently around our surroundings. There are regulations and systems in place. Nevertheless, similar cases that continue to take place makes us wonder if criminal judicial systems work well. Lukewarm responses to retaliatory crimes is not only threatening social security, but also placing fears in the minds of ordinary citizens. If retaliatory crimes take place, most citizens become apprehensive about criminal judicial activities of the police and mistrust for criminal judicial system. This at times discourages people from reporting incidents and could eventually increase crime rate and cause various social problems. Even though there are legal and systemic control measures, retaliatory crime is an increasing trend. This study is going to examine tendencies of internal retaliatory crimes and discuss legal-systemical responses.

A Study on the Improvement for the Criminal Jurisdiction of the Flag Ship of Convenience and the Mutual Assistance in Maritime Criminal Matters (편의치적선에 대한 형사관할 및 국제공조 개선방안 연구)

  • Ko, Myung-Suk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.19 no.2
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    • pp.179-185
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    • 2013
  • UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

Legal framework and practices of public order management in England and Wales (잉글랜드와 웨일즈의 공공질서 관리 관련 법적 틀 및 법집행 형태)

  • Jung, Jeyong;Ellis, Tom
    • Korean Security Journal
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    • no.54
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    • pp.203-222
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    • 2018
  • Public order management is one of the most important areas in policing. Drawing on the legal framework and policy, this study aims to assess practices of criminal justice practitioners, especially, police and prosecutors, in England and Wales. Using qualitative interviewing, four main themes are identified: (1) an emphasis on a right to protest, (2) police practices on public order management, (3) the development of police/prosecutor liaison, and (4) the value of video evidence. Based upon these findings, several legal, policy and practice implications are drawn. These implications involve a wide range of aspects concerning strategic, operational, and tactical interventions by the police, as well as collaboration between police and prosecutors. Although the criminal justice context in England and Wales is very different to South Korea, some practices and distinctions can be useful to consider in the Korean context. This study suggests that more gains can be made if legislation, policy, and practice across criminal justice nodes can be coordinated and approached holistically.

The Theoretical Factors of North Korean Refugees' Willingness to Report Crime: Based on the Legal Cynicism, the Procedural Justice, and the Behavior of Law Theory (북한이탈주민의 범죄신고 의지에 영향을 미치는 요인에 대한 연구 - 법적 냉소주의 모형, 절차적 정당성 모형 및 법행동 모형을 중심으로 -)

  • Hong, Seongju;Kim, Juhee;Hwang, EuiGab
    • Korean Security Journal
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    • no.59
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    • pp.161-188
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    • 2019
  • Not much is known about the factors of North Korean refugees willingness to report crime. Based on the survey of 800 North Korean refugees living in the metropolitan area of South Korea, this study examined the theoretical factors influencing North Korean refugees' willingness of reporting crime. Focusing on the legal cynicism, procedural justice, and the behavior of law theory, this research verified that procedural justice model is most important in explaining their willingness to report crime. Variables under procedural justice model(i.e., perceived fairness of the law, confidence in the law, and perceived necessity of the law) were significant in an expected direction. On the other hand, most of the hypotheses based on social conditions derived from the five types of stratification, morphology, culture, organization, and social control presented by Donald Black (1974) showed no significant effects on the intent to report crime among North Korean refugees. Implications for research and policies were discussed based on the findings.