• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.79-87
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• 2015

In order to clearly recognize illegality of insurance crime, declaring the provisions on insurance crime is preferable. An insurance fraud differentiated from Configuration Requirements of general fraud should be established And differentiation in accordance with the act type of insurance crime the degree of organizational involvement is required. Also the introduction of civil sanctions and creation of additional punishment provision about Organized insurance fraud are required. To notice duplicate insurance when sign up life insurance, the revision of the provisions is required. To limit unnecessary long-term hospitalization, hospitalization standard is required. Introduction of private investigator is required as a method for endowing with investigation to the staff of insurance companies. By providing information sharing laws between relevant agencies including insurance companies and law enforcement agencies, the foundation of information database, and the introduction of SNA Techniques in the IFAS,, you can detect Organized collusion crime.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.141-149
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• 2015

Modern society is to have an significant impact on the competitiveness of the country in which the economic value is very high occupancy and ensure a state-of-the-art science and technology. The country's core technology or industry security crimes going seized state-of-the-art technology firms can threat of damage to the country's economic security. In particular, the defense industry serious crime that is directly related to national security. The company's core technology and trade secrets leaked once the industrial countries must prevent security breaches and offenses of strict punishment measures because it is impossible to recover. Also, some advanced countries directly has been operating industrial security crime for the country's economy and national security. In recent years, Nation core technology infringement cases are rapidly increasing in the country. In addition, industrial security crime threat to national security. Therefore, the industry security crimes damage to the national security that infringe on the business secrets of core technologies and businesses. It is necessary to identify that industry security crime associated with the visibility of the broad scope of intellectual property protection.

• Journal of the Korea Society of Computer and Information
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• v.18 no.6
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• pp.111-120
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• 2013

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

• KDI Journal of Economic Policy
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• v.31 no.2
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• pp.155-194
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• 2009

The Korean economy successfully overcame the macroeconomic downturns driven from the Asian financial crisis in a very short period of time. The economic shock, however, generated a variety of social problems, one of which was the increase in felonies (homicides, robbery, rape, and arson), or degradation of public safety. We argue that the Korean criminal policy has not been effective to ameliorate the rising trends in crime caused by the financial crisis. In order to substantiate this claim, we assess the effectiveness of criminal policy: policing, sentencing, and corrections. First, there has been resource shortage in policing since the 1997 financial crisis. For the past ten years, the investment of human resource and budget in the police has been virtually stagnant, as well as in prosecutors' investigation activities. The insufficient resource allocation in policing caused a huge decline in arrest rates and prosecution rates. Second, the Korean judicial system has not increased the severity of punishment. Comparing the pre- and the post-financial crisis period, the average length of prison sentence by the courts has declined. Given the degrading in the quality of crime and the decreasing amount of inputs into the policing and prosecution, the government should have increased the severity of punishment to deter crime. Third, we found that the government hired more officers and allocated larger budget into prison and probation. However, it is difficult to suggest that the increased level of resources in correctional programs have been effective in preventing released prisoners from committing future crimes. This is because the number of repeat offenders convicted of more than a third offense increased dramatically since 1997, pushing felonies upward. In sum, the government organizations failed to respond respectively or to make coordinated actions, eventually causing a dramatic increase in crimes. This research brings explicit policy implications. In order to prevent possible additional degradation of public safety, the government must put more efforts into increasing the effectiveness of policy and to investing more resources into said policies. We also emphasize the importance of the institutional mechanisms which foster policy coordination among the Police, the Prosecutor's Office, the Ministry of Justice, and other relevant government organizations.

• Korean journal of communication and information
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• v.50
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• pp.121-142
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• 2010

Can law be combined with television entertainment programs? This paper explores the ways in which law systems and law culture are reflected in and reflect the television legal series. TV legal series, such as legal dramas and infotainment shows, provide platforms for the audiences, who otherwise have few opportunity in real life, to engage with legal systems in societies. Adopting loosely dramatized reality programs, these legal series not only entertain and inform audiences but also educate citizens. This paper combines analyses of theoretical debates on law and television with analysis of TV text. The result shows that , dramatized enactment based on true stories and criminal cases, may have an important ideological role in which fictionalized dramas mask the hard realities and authoritative legal systems. By doing so, TV legal shows play their roles not as mere symbolic representation but as powerful institutions that construct the image of law and reality.

• Journal of the Korea Society of Computer and Information
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• v.25 no.8
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• pp.151-157
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• 2020

The first thing we can consider to prevent juvenile delinquency is to punish those criminals. However, this is not always the proper solution. In consideration to the feature of juvenile period when they lack in proper judgment it is better to provide education than punishment so that they are not branded as criminals in our society. Also, by returning to the society, they can obtain social techniques and obtain the opportunity of making contribution to the society, which is also good for their career development. Combining international examples on juvenile delinquency prevention, there is a need to comprehensively evaluate level of probation and risk exposure of juvenile based on placement matrix of comprehensive strategy program in the US. Also, control solution by juvenile crime development phase should be made. In terms of control treatment based on crime phase, crime history should be considered when applying control. For the subject of preventing juvenile crime, it shouldn't be legal organizations like before but shall be home, school, local society, and legal organization together.

• Journal of the Korea Society of Computer and Information
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• v.25 no.5
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• pp.209-216
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• 2020

As depository system for negotiation or reimbursement to the victim in criminal case is reflected to consideration for diminishing punishment and hence, it is very important in the process. According to the current law, one needs to fill out victim's personal information such as name, address, and ID number for processing depository. However, if the victim is sexual violence victim, all the personal information is covered up becoming anonymous. Therefore, it becomes difficult for the accused person to get necessary information. Such covering up action is to prevent further second damage that may be caused such as threatening for the negotiation whereas victim has no willingness to forgive the accused. However, even if the accused person regrets his/her crime and make reimbursement to the victim, as they have no personal information on the victim it becomes impossible for them to make the depository. If we apply ESCROW system here it will allow victims to avoid any direct contact with the accused person as well as preventing any privacy disclosure. Also, for the accuse person, they can show how much they regret by making depository within their capability.

• Korean Security Journal
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• no.2
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• pp.99-123
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• 1999

Internet related crimes are a crime which is inter-related with high specialization ${\cdot}$ technicality ${\cdot}$ leakage of information ${\cdot}$ intellectual-offence and deviant behavior. Without the accurate countermeasure, we can't achieve the desired end. So we should find out multilateral and general measure. Always crimes go in advance of the measure, so the counter measures against, computer crime can not be final. Nevertheless, we can't be careless in making the measure, but we should always consider a counter measure. 1995. 12. 29. our country revised criminal law and consolidated direct provisions, especially on the computer-hacking. But, inspite of the revision, especially on the computer-hacking. But, inspite of the revision, we have many problems'. So, first of all, through the positive and empirical study, we should revise criminal law and computer crime related provisions systematically. As the aspects and techniques of internet related crimes are always changing with the development of computer technology, there will be many problems with principle of legality, when we apply the existing abstract provisions to the new crime. We can not be lazy in studying the emerging internet related crimes and taking concrete shape of the provision. And it will be a big help to that desirable to import the foreign provision without consideration of our reality. Without the positive and empirical study on internet related crimes, sometimes important crime will be out of reach of the punishment. Due to these day's development of computer and technology of communication, the personal computers are widely supplied and especially PC communication and exchange of the informations became the most important function. With the advent of internet, new aspects of crimes are appearing. Up to now, the fraud by using the computer or the interference in the execution of duty by the illegal operation of computer was the leading aspects of computer crime, but nowadays with the advent of internet, database crime or network crime like the computer hacking became the important aspects of internet related crimes. These new aspects of internet related crimes are defusing into domains of traditional crimes. Nevertheless to follow and punish the acts on the internet is not technically easy, and as it is emerging international shape, to settle it by international law is not that easy. Harmful acts in the information-oriented society are very diverse in kinds and aspects, and it is difficult to enumerate. The point is that among the new acts in the information-oriented society we should decide which acts are to be punished and which acts are not to be punished. It is needless to say that the criminal law should be the last resort. But owing to the characters of the characteristics of the information-oriented society, when the traditional standards can be applied, the question of what is the basis and how it can be applied in a concrete way is not settled. And if it cannot be applied, how can we make new standard is also an unsettled question.

• Journal of the Korea Society of Computer and Information
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• v.23 no.3
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• pp.93-100
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• 2018

Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.