• The Korean Journal of Emergency Medical Services
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• v.23 no.1
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• pp.35-48
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• 2019

Purpose: This study aimed to explore the rationality for and countermeasures against the use of prehospital patient restraint (PPR) techniques in efforts to limit violent behavior toward 119 emergency medical technicians (EMTs). Methods: Previous countermeasures to limit violent behavior toward 119 EMTs and medical personnel were focused on strict reactive and passive proactive responses. However, those in support of the countermeasures do not believe that violent and criminal behavior can be limited or extinguished by strengthening the punishment unconditionally. Results: When it comes to the far-reaching effects of stigmatization on people who engage in violent and criminal behavior, it is possible that unconditional punishment leads to more crime, increases the costs of imprisonment, and consequently, adds to the financial burden of the government. Conclusion: Thus, we are faced with an urgent need to prepare legal grounds for the use of PPR techniques by 119 EMTs for agitated or combative patients only, with direct medical oversight. Moreover, the legal foundation for the use of PPR techniques also needs to be established for emergency medical personnel. The use of PPR techniques not only ensures the safety of emergency medical services personnel, but also protects patients from injuring themselves and others.

• Journal of the Korea Society of Computer and Information
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• v.24 no.5
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• pp.171-177
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• 2019

In this paper, we analyze the current phenomenon of child abuse crimes based on the information gathered by the National Child Protection Agency. The purpose of this paper is to diagnose the seriousness of child abuse by biological parents based on the analyzed information and propose measures against it. Comprehensive and integrated measures are needed for child abuse committed by biological parents due to abuse concealment, continuity of damage, and inactive national intervention by considering punishment on attackers through national intervention, fundamental in-depth psychological counseling, therapeutic care, promoting recovery of victims, and ultimately continuous and regular management and monitoring as a long-terms measure. To do so, developing customized and individual educational programs and make them obligations can be first presented to identify child abuse in advance and build up preventive systems based on the principle of family preservation. In addition, problems should be addressed at a fundamental level by performing various and active therapeutic treatments such as psychological treatment, mental treatment, or drug treatment gradually and through phases for biological parents who commit child abuse and contributing to recovering the relationship. Furthermore, proper protection and treatment service should be provided to children victimized by abuse by extending professional children care facilities and adopting the professional family commission system as measures by separating family.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.13-21
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• 2014

The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

• (The) Research of the performance art and culture
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• no.32
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• pp.549-594
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• 2016

This research focuses on 'dramaturgical' performance among all the acts of a director who constructs an artistic structure. This is, specifically, the dramaturgical acts that a director comes to perform in the process of dramatizing a novel. This paper aims to suggest a new kind of approach for productive interaction between drama theory and practice, not only by documenting the process of creation but also by moulding theoretical basis on acts of a director. As you all know, creative acts in practice so far have rarely been considered as subject and purpose of academic study. Even some lucky plays and directors had to settle for fragmentary review. That's mainly because Korean theatrical circles confine the way of recording the whole process of drama in practice only to a piecemeal review of performance. As a result, there have been very few cases of observing comtemporary plays under the historical background of drama. In this regard, this paper desires to raise a question, 'is productive interaction between drama theory and creative practice possible?' and to find the answer. If what is described in this paper can have worth beyond a mere record of creative acts, it may establish theoretical grounds on interpreting the play stage of this era by reading, in the contexts of drama history, a director's dramaturgical performing acts to dramatize a novel. The researcher of this paper, as a director of a theater troupe like a human and artistic community, adapted "Crime and Punishment" by Dostoevsky into four plays. They are , , , , and completed in 2009, 2011, 2012, and 2014, respectively as an independent theatric work having no connections to each other in story. Not only because the four plays share the same novel as its origin but also because an identical system is applied to dramatization of the novel, it gives an opportunity to focus on and perceive the role of the director. During the process of dramatiztion, the director, the researcher of this paper, carried all the duties, such as selecting a text, approaching the text theoretically and academically, adapting it for drama, picking out appropriate episodes. This paper defines all these acts as dramaturgical performing acts. In this sense, this paper can also be seen as a documentary of 'acts' performed during the process of dramatization.

• The Journal of the Korea Contents Association
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• v.16 no.10
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• pp.175-187
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• 2016

Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.1-23
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• 2012

Defamation on the Internet is a criminal offense. Of late, the damage it has been causing has grown exponentially. Here, we suggest some ideas to expand the use of arbitration in Korea. We suggest that all disputes arising in connection with current contracts be settled under the rules of conciliation and arbitration. As a countermeasure to the requirements for defamation or damages, the field of criminal arbitration regulations needs to be defined strictly. In conclusion, the UK does not make provisions for arbitration as a specific subject. With respect to foreign legislation, it is necessary to take a look at ways to expand arbitration in our country. The scale of arbitration must be expanded to allow for greater protection of criminals in exchange for their cooperation in arbitration cases and relative to the amount of the damages in dollars. There must also be detailed instructions regarding the eligibility criteria for and proper handling of these arbitration cases.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.117-168
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• 2009

Generally, criminal law protect the human life after he/she has born. Before the birth, the life of fetus are protected by prohibition of abortion, not of murder. Also, the fetus is not considered as an object of infliction of injury. A popular opinion and case law say that the fetus becomes a person at the point of an outset labor pains. Recently, some theories allege that traditional opinions is not sufficient in the case of induced delivery, so it should be decided by norm, not by a simple fact, whether a unborn child is a fetus or a person, and that the fetus should be considered as an object of infliction of injury. These theories can be meaningful because these could protect human life more comprehensively. In the other side, however, these could harm the legal stability and bring the excessive punishment. Abortion of negligence is not punishable in criminal law, and there is little possibility of the fetus injury without the injury of the pregnant woman. And the Contergan Case, if it happened again, must be dealt with as crime about environment or public health more severely. These new approaches are in conflict with the principle of "nulla poena sine lege" and other fundamental rules of the criminal law, and should lead to the excessive punishment and criminal provisions. Accordingly, the decision of Supreme Court of Korea about the beginning point of human being should be maintained.

• The Journal of the Korea Contents Association
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• v.22 no.10
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• pp.506-514
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• 2022

The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

• The Journal of the Convergence on Culture Technology
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• v.9 no.3
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• pp.579-585
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• 2023

The purpose of this study is to explore keywords within stalking-related news articles according to political orientation through the text network analysis, and then to examine the implicit intentions. Selecting total 1,607 articles including 824 articles of the conservative press(The Chosun Ilbo, The Joongang Ilbo) and 783 articles of the progressive press(The Hankyoreh, The Kyunghyang Shinmun) reported from January 1, 2018 to December 31, 2022, this study explored the aspect of topic category drawn through the topic modeling technique based on LDA(Latent Dirichlet Allocation). In the results of this study, the common topics of the conservative and progressive press were improvement of the perception of gender-based violence, personal protection & intensity of punishment, and disclosure of stalkers' personal information. Regarding the topics differently shown in those two press, the conservative press showed stalkers' harmful act, and outline of 'murder case at Sindang Station' while the progressive press showed request for aggravated punishment on the 'murder case at Sindang Station', and eradication of sexual exploitation crime (in cyber space). The results of this study imply that there are changes in the type of reporting according to ideological opinions about stalking in news articles.

• Journal of Auto-vehicle Safety Association
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• v.15 no.3
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• pp.7-16
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• 2023

In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.