• Proceedings of the Korean Society of Disaster Information Conference
• /
• 2022.10a
• /
• pp.321-322
• /
• 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.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.19 no.2
• /
• pp.179-185
• /
• 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.

• Journal of Legislation Research
• /
• no.53
• /
• pp.419-454
• /
• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Convergence Security Journal
• /
• v.16 no.7
• /
• pp.129-137
• /
• 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.

• Journal of the Society of Disaster Information
• /
• v.10 no.4
• /
• pp.559-565
• /
• 2014

This study provides the basic data for using the connections of Interpol to combat supranational crimes, reflecting domestic and foreign situations, and I'll summarize the countermeasures as follows through the results of this study. First of all, it is necessary to build up the international cooperative system which shares information and technology between nations, through the network formation of Asianpol. Second, a policy of Interpol which maximizes the foreign agents and resident officers in Korea needs to be established. Third, governmental policies and legal measures such as criminal extradition must be available to help the criminal investigations of Interpol quickly and positively. Fourth, there has to be the expansion of budget for securing professional investigators and supporting Interpol to fight supranational crimes by the authority of the government.