• Journal of the Korean Society of Marine Environment & Safety
• /
• v.20 no.6
• /
• pp.721-729
• /
• 2014

The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

• Journal of Digital Convergence
• /
• v.10 no.7
• /
• pp.107-114
• /
• 2012

Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

• The Korean Society of Law and Medicine
• /
• v.10 no.1
• /
• pp.323-361
• /
• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

• Korean Journal of Social Welfare
• /
• v.67 no.2
• /
• pp.113-136
• /
• 2015

This study is about criminal judgement of child abuse. The purpose of this study is to analyze contents and reasons for judgements about child abuse crime in detail especially focused on elements and contents of weighing of an offense and concurrent imposition and then to suggest alternatives for policies and law-enforcement for the prevention of that crime. The data were collected from 484 written judgements on 579 criminal defendants that were related to 'Violation of the Child Welfare Act' and were conducted by content analysis. The results are as follows. First, Only about 25% criminal defendants were guilty of violations of the Child Welfare Act were sentenced to imprisonment and the rest of them(about 75%) were merely sentenced to probation of imprisonment or fined. Second, Proportion of prison sentence or period of jail time have not been increased in spite of public indignation and upward of statutory punishment by legislation. Third, in the case of child sexual abuse, there are frequent cases in which concurrent imposition was not put, regardless of explicit statement in the related laws. Last, this study revealed that some mitigation factors of sentence that have been identical to crimes against adult have been applied to child abuse crime uncritically, for example agreement and regret and so on. On the basis of such results, this study proposed policy alternatives for prevention of the recurrence of child abuse, i.e. intrinsic standard of weighing of an offense, concurrent imposition to perpetrators of child abuse and so on.

• Fire Science and Engineering
• /
• v.20 no.4 s.64
• /
• pp.77-90
• /
• 2006

This is for Criminal Law problem that can be happened during the rescue working of 119 rescue member. There are mainly 3sections can be Criminal Law Problem. At first, denying a rescue request. Second, thing that do not transfer patient or people need someone's help by their refusal. Third, emergency medical management. It can be criminal act if somebody do the 3sections thing under Law about emergency medical treatment. It also can be homicide under Criminal Law or accidental homicide, a charge of injuring a person if people need rescue die or become worse through the work. Rescuers are responsible for a criminal case by their carelessness and fault. A plan has to remain to protect them when they do violence to the life and health of a people inevitably. This paper examines the plan can protect them through the analysis and application of related Law about rescuer's work which can be Criminal Law Problem, presents rational establish plan of Rescuer Protect Law to make them their job well as a rescuer.

• Journal of Arbitration Studies
• /
• v.17 no.3
• /
• pp.57-79
• /
• 2007

Laws regarding to Arbitration in North Korea are Arbitration Act, Foreign Economic Arbitration Act, Regulations on the Foreign Trade Arbitration Commission, Regulation for treatment of cases in Arbitration Commission, Rules of Hearing. North Korea has enacted the laws related to Arbitration including Arbitration Act enacted in 1995 and Foreign Economic Arbitration Act enacted in 1999. In the North Korea's planed economy system, as there will be many disputes among organizations, companies, other Institutions Arbitration Act resolves the disputes to compete the economic plan. North Korea's Arbitration Act is different from Normal Arbitration Acts in particular other socialist states in view of arbitration agreement and selection of arbitrator and functions as the tools controlling the members of North Korea and have the characteristics such as national arbitration system and mixture of criminal trial and governmental control and strict legal control system on violent acts in North Korea's plan and plan regulation. And North Korea's Arbitration Act deals with the civil disputes and limits the parties and subject matter of arbitration. The parties in dispute such as organizations, companies, other Institutions could apply for arbitration to Central Arbitration Body and Provincial (City under the direct control of Government) Arbitration Body and Sectional Arbitration Body. The purpose of this paper is to contribute to the enhancement of the understanding arbitration in North Korea by studying the clauses in the Arbitration Act.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.11 no.2 s.23
• /
• pp.41-49
• /
• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• The Korean Society of Law and Medicine
• /
• v.24 no.1
• /
• pp.43-65
• /
• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.69-100
• /
• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• Korean Security Journal
• /
• no.16
• /
• pp.65-79
• /
• 2008

This study started with the need to have a basic understanding of the crimes related to security guard in Korea. For this purpose, it attempted to analyze the crimes related to security guard occurring in Korea for the years, the cause for those crimes to occur, and the basic cause for those crimes such as criminals' educational level, age, occupation and so forth investigate how those crimes occurred. And ultimately it was intended to provide referential materials for perfect security guard from the stage of its planning to the stage of implementation and termination by analyzing how the machinery of law treated those criminals. This study aimed to help security guards to perform their role by investigating the cause and disposition of crimes related to security guard occurring for the years in order to cope with the emergency situation frequently occurring in the job of security guard. To attain the goal of study, this study attempted to do the following tasks: First, to analyze existing crimes and investigate the crimes related to security guard in order to investigate how the criminal act occurred in relation to the crime related to security guard, numerous kinds of crimes. Second, to investigate in what case the criminal act occurred by analyzing the criminal environment, the yearly, monthly and weekly frequency of those crimes and the like in relation to this criminal act. Third, to grope the alternative to cope effectively with all sorts of dangerous situations on the spot of security guard by analyzing the crimes related to security guard and investigating the effective scheme for coping with it.