• Title/Summary/Keyword: Criminal Act

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A study on the Improvement of Private Investigators System in Korea (한국 민간조사제도의 발전방향: 시험제도와 교육훈련 중심(中心)으로)

  • Lee, Sang-Won;Park, Yun-Kyu
    • Korean Security Journal
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    • no.14
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    • pp.337-365
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    • 2007
  • The society shows rapid change throughout various fields in the 21 century. These changes are in progress in Korea as well and the private security field is not in exception. The private security system has socially effective function by providing services, which the police cannot provide to citizen. However, it cannot be treated rightly the possibility of violation of human right during the actual action. The qualified person at least should take private investigation service considering privatization of criminal justice and considering that the Private Investigation Act submitted to the Congress could not affect its investigation authority to the citizen currently. The purpose of this study is examination of the private investigation system in Korea and other country and is presentation of its improvement. The chapter 1 composed of introduction on chapter 1, concept and service in chapter 2, private security system in other countryin chapter 3, private security system in chapter 4, problems and its improvements in chapter5, and conclusion in chapter 6. It requires not only consideration of government but also consideration of citizen and effort of both sidesto successful settlement of private security system in Korea.

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According to musical narrative development in crime movie (범죄영화 속 음악적 전개에 따른 내러티브 - 음악감독 미클로스 로자(Miklos Rozsa)의 "이중배상(Double indemnity)"과 "더 킬러스(The Killers)"를 중심으로 -)

  • Choi, Eumi;Lee, Seungyon-Seny
    • Proceedings of the Korea Contents Association Conference
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    • 2014.11a
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    • pp.89-90
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    • 2014
  • This paper is the music director Miklos Rozsa participated crime To infer the narrative around two classic movie The study of musical functions. Two films are Double indemnity, 1946 and The Killers, 1948. The main theme was used in the movie Keywords that appear only after analyzing crime scenes film Possible inference of narrative musical expression around the room Examine the law. In the case of a crime movie theme music Indicate the start and development progress, planned steps and proceed only Through the proactive behavior of the system behavior and the final results after the acts To commit a criminal act represents lesson. Music maneu Can be inferred by the narrative of the crime and the crime film To progress in the music scene, and combine with effects The maximum tension over.

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A Study in the Crimes of the Medical Practice without License - Case of Oriental Medicine's use of Ultrasounds - (무면허의료행위에 대한 형사법적 쟁점 - 한의사의 초음파기기 사용을 중심으로 -)

  • Jang, Jun Hyuk
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.35-57
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    • 2014
  • Recently, there has been fierce argument between oriental and western doctors in the medical field. The use of medical devices has particularly come to the fore lately. Appropriate medical devices are required to diagnose and treat patients' conditions or illnesses accurately. At issue recently in medical device sector are diagnostic instruments using radiation, magnetic resonance imaging, ultrasound, IPL(Intense Pulse Light), and instruments used for tonometry. Relating to this issue, Association of Korean Oriental Medicine and The Association of Korean Medicine are sharply opposed. It is predicted that more accusations of this kind will be seen in the future. As oriental medicine contends, ultrasonic imaging itself seems to cause no harm to humans and its use may have an advantage for national health. The use of western diagnostic equipment can expand the diagnostic range of oriental doctors. However, unless new legislation is made, it is against the law for oriental doctors to use this equipment. Both law and medical science require grounds and predictability on the correctness of a decision and all of its consequences. Additionally, oriental medicine's use of ultrasounds and other medical devices should be established by standards and grounds which make same the diagnosis with repetition. Therefore, the scope of oriental medicine can be expanded following a revision of the Oriental Medicine Promotion Act and it is estimated that the state of national health will be greatly improved by the mutual respect of both sides of the health profession.

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A Study on the Type of Violations of Medical Law Regulations Which Restrict Opening a Medical (의료법상 의료기관 개설제한의 위반유형에 관한 연구)

  • Kim, Joon Rae
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.345-366
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    • 2014
  • Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

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A Study on the Necessity of Limitation for Legal Liability in Marine Accidents (해양사고에 있어서 책임귀속의 제한 필요성에 관한 연구)

  • Ji, Sang-Won
    • Journal of Navigation and Port Research
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    • v.34 no.3
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    • pp.251-255
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    • 2010
  • A marine accident is caused various legal liability such as compensation for damages on civil law, responsibility on the Criminal Code and administrative sanctions. The results occurred by any acts is not connected directly to the legal responsibility. As a prior condition for these legal liabilities, it is required the causation between the act caused and the occurrence of the effect. It is very difficult to find out the cause in marine accidents, because of trouble of a proof security, the place occurred, time difference between accident and investigation point of time etc.. However, finding out the correct cause is an element important to prevent similar accident and to determine the liability reverted. The logical concept of the causation is not limited, but there is early necessity to limit it in the liability reverted. Therefore, this study aims to suggest reasonable standard to determine liability reverted in marine accidents.

A Global Comparative Study on the Game Rating System (게임물 등급분류제도의 국제 비교 연구)

  • Kim, Sung-Won;Lee, Hwan-Soo;Jung, Hae-Sang
    • Journal of Digital Convergence
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    • v.17 no.12
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    • pp.91-108
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    • 2019
  • Game have become a universal leisure culture for the world. However, not only did the development of the game industry have a positive impact on society, but it also brought about various social problems, such as adversely affecting youth and encouraging criminal acts. In order to minimize these effects, countries around the world operate a game rating system to provide games suitable for age and social values from children and young people to the general public. Since games are new digital content, the limitations of the rating system are still discussed in many studies. Therefore, this study investigates the current status of global game regulation by investigating game rating systems of various countries including Korea. In addition, by comparing and analyzing the game rating system in Korea and the system of other countries, this study suggests a direction to improve our system more appropriately. The results of this study will contribute to securing the effectiveness and standardization of domestic game classification system.

Crime prevention role and limitations of private security organizations (민간방범기구의 범죄예방 역할과 한계)

  • Gong, Bae-Wan
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.33-41
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    • 2012
  • Important crime prevention is emphasized. Depending on the type of criminal act itself, but with many material and human damage because it is a threat to the safety of civil life. The traditional police power of the police in patrolling the derailment by the diversification of the crime, globalization, organizing, specialization, and ferocious anger by far exceeds the capabilities of the police crime prevention are occurring. Civilian police crime prevention organizations in the area of the region as a base for complementary activities, and even if the purpose of commercial availability, but many organizations is the autonomous and spontaneous personality voluntary work civic life is to serve as the safety fence. But that suits the role of these organizations and social support and lack of institutional support and practical and effective crime prevention activities has not been effective. Law reform and the role of the Organization for the maintenance of redundancy, or a series of systematic effort to equip networks and take advantage of the functional and has been factory.

A Study on the Profiling System in the Aviation Security (항공보안에서의 프로파일링 연구)

  • Hwang, Ho-Won;Lee, Kyu-Hang
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.155-175
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    • 2007
  • As intellectual terror threats increase, we feel the limit in coping with those threats and the things we do are placing traditional X-ray machines & ETD and increasing aviation security staffs. In fact, even if air transportation system is the fast and most efficient transportation methods, it is true that there are many inconveniences to endure due to terror threats. In the name of security, even if we make a lot of efforts and time to screen both good-natured passengers, baggage, cargo and suspicious passengers, it is impossible to screen perfectly and it is not an efficient methods. Therefore, we introduce profiling system that reduce the effort to screen good-natured passengers but focus on screening dangerous passengers and baggages. Profiling system strengthens aviation security, using the concept "Selection & Concentration". Israel started to introduce manual profiling system in aviation security, which is interviewing suspicious passengers and it has been used in crime investigation since 1960. And it has been upgraded and diversified to CAPPS(Computer Assisted Passenger Screening Program) and SPOT(Screening Passenger by Observation). So, this theses is to study on the concept & kind of profiling and profiling methods adopted in airlines. Also it presents the method of introduction of profiling system in Korea and the necessity of making law on it.

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Legal Consideration of Transfer Refusal by 119 Rescuers (119구급대의 이송거절 및 거부에 대한 법적 고찰)

  • Bae Hyun-A;Lee Sang-Jin;Kim Chan-Woong;Lee Kyung-Hwan
    • Fire Science and Engineering
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    • v.19 no.4 s.60
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    • pp.47-56
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    • 2005
  • The regulation on organization and operation of rescue and aid party was amended. This Regulation is designed to provide legal formality in order to protect not only the patients' right but also 119 rescuers from liability, which is due to treatment refusal by patient and the discretionary refusal of transfer by 119 rescuers on the non-emergency situation. This study looked over the constitute of violation of emergency medical service act related to the discretionary refusal of 119 rescuers, the criminal liability owing to omission and the possibility of national indemnities on the damage of patients. This study also analyzed the courts' decision and attitude by exploring overseas judicial precedents and examined what should be considered on the execution of the newly enacted law. Finally, this study put emphasis on the importance of medical director's control, documentation of every procedure, 119 rescuer's authorization on the refusal of transfer by securing patient's informed consent.

Past records for the application of arbitrary accomplice regulations to Accomplice-essential crimes

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.3
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    • pp.149-155
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    • 2022
  • The view of not fully denying the application of accomplice regulations to non-punishable opponents has fallen into a formal and logical circular argument that only provides formal grounds for non-punishment and has failed to provide practical grounds. In addition, it can be said that it has a criminal policy problem contrary to the legal sentiment of the general public by not punishing the active government travel activities of non-punishable accomplices. Therefore, in order to solve this problem, it is necessary to respect the legislator's intention that general non-punishment accomplices can be punished if they exceed the 'minimum government travel commission'. Therefore, if an unpunishable accomplice acts at least within the act required to realize the constituent requirements, the application of the accomplice regulations shall be excluded, and the accomplice regulations shall be applied only if they exceed that extent. In addition, if the indispensable counterparty is a protected person or has no responsibility (possibility of expectation), it can be said that it has provided a practical basis for the inability to punish, so it can be understood as impossible to punish. This interpretation method is thought to be able to present concrete validity in marginal cases where the counterparty is more responsible by substantially presenting the basis for an unpunishable accomplice.