• Title/Summary/Keyword: Criminal Cases

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Police Officers' Cognitions of Police Investigation Specialization (수사경과제에 대한 경찰공무원의 인식)

  • Choi, Mu-Chan
    • The Journal of the Korea Contents Association
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    • v.9 no.6
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    • pp.289-299
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    • 2009
  • This study set out to analyze the perceptions of investigative police officers and division police officers regarding Police Investigation Specialization, which had been in effect for four years, identify the problems, and search for alternative policies. The results led to the following alternative policies; first, the communication among the members should be facilitated by trading the jobs between investigative policemen and division members in certain percentage regularly, integrating job education and special work, and developing diverse support programs for detective activities to provide them with opportunities to experience and understand investigation. The second suggestion concerns the investigation members' morale. There should be a range of measures to boost their moral such as allocating separate budget and personnel to support the investigation department and the treatment of major criminal and civil cases, giving each investigation team an office and investigation room to improve their working environment, readjusting the promotion ratio of Police Investigation Specialization to introduce a promotion system proper for each investigation's characteristics. The third suggestion is to secure job efficiency. It's required to reinforce the current short-term specialized education program to bring up practical and professional investigators, open the certification exam of professional investigators to all members so that every policeman can have their abilities recognized and approved as long as they have the demanded capabilities, and create a system of shedding off the members idle at work by reflecting low performance records when evaluating the members to decide who to dismiss from Police Investigation Specialization. And finally, it's important to divide duties rationally. The rationality of duties division can be guaranteed by setting the guidelines for direct handling for the team leader to help him devote himself to his duties, defining objective criteria of measuring investigation workload, and creating devoted systems and teams for simple and small accidents so that experienced investigators can deal with high-profile cases.

A Scientific Critique of a Korean Court's Acquittal for Involuntary Manslaughter Related to 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT), a Humidifier Disinfectant (HD) Part I: Material safety, exposure and delivery to target organ from an HD perspective (CMIT/MIT 함유 가습기 살균제 제품의 제조 및 판매기업 형사판결 1심 재판 판결문에 대한 과학적 고찰 (I) - 제품 위험성과 노출평가 측면에서)

  • Park, Dong-Uk;Zoh, Kyung Ehi;Kim, Jiwon;Choi, Sangjun;Kwon, Jung-Hwan;Jun, Houngbae;Kim, Sungkyoon
    • Journal of Environmental Health Sciences
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    • v.47 no.2
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    • pp.111-122
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    • 2021
  • Objectives: There was a judgment of acquittal for the manufacturer SK Chemical and the vendor Aekyung regarding humidifier disinfectant (HD) containing 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT). The rationale used in this judgement is discussed here in the light of scientific consideration. Methods: The sentencing document for the judgements was obtained from the Korea Supreme Court Service. In particular, the judgements made by the court related to the risk of HD and external and internal exposure to CMIT/MIT are discussed based on scientific evidence. Results: Rendering a determination in a criminal trial of insufficient evidence of causation, the court dismissed the prosecution's motion that humidifier disinfectant-associated lung injuries (HDLI) and asthma were associated with the utilization of these products. However, CMIT/MIT, a strong sensitizing and corrosive substance, has been reported to be associated with brain toxicity, allergic contact dermatitis, and asthma. Furthermore, the judgment did not consider total consumption amounts or the cumulative dose of CMIT/MIT in the humidifier. Lastly, there are several cases supporting the fact that exposure to water-soluble substances including CMIT/MIT can cause lower respiratory tract diseases. In addition to cases of asthma among the workers exposed to CMIT/MIT, we identified lung injury victims who were exposed to HDs exclusively containing CMIT/MIT. Conclusions: We conclude that there is sufficient evidence supporting the assertion that HDs containing CMIT/MIT cause lung injuries, including asthma, contrary to the court's judgement.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Characteristics of Intrusion MO and Perception of Target Hardening of Burglars (침입절도범 재소자의 수법 특성과 타겟하드닝 관련 인식)

  • Park, Hyeonho;Kim, Kang-Il;Kim, Hyo-gun
    • Korean Security Journal
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    • no.60
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    • pp.33-61
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    • 2019
  • It is quite difficult to actually prove the effectiveness of so-called target-hardening, one of the various strategies used to reduce crime, one of the serious problems in society recently. In particular, three to five minutes is often used as golden time for intruders to give up or stop, which is based on foreign and some indirect research cases in Korea, but there were no studies that more directly identified the average break-in operation time or the abandonment time based on the elapsed time when the shield hardware resists intruders. This study was the first of its kind in Korea to investigate and verify samples of 90 inmates of break-in burglars who were imprisoned in August 2018 by profiling the average criminal experience, education level, age, height and weight of typical Korean professional break-in thieves, and specific criminal methods, average break-in operation time, and the criteria for giving up if not breached. According to the analysis results, in the survey on the number of pre-invasion theft crimes by intruders, many of the respondents who participated in the survey were criminals of professional invasions, and by their physical characteristics, there was not much difference from ordinary adult men. Residential facilities were the highest in the world, followed by commercial and educational facilities. According to the survey on the types of facilities that committed intrusion into residential facilities, it was not safe to say that single-family housing accounted for the largest portion of single-family housing, multi-family housing, apartment high-rise (more than three stories), and apartment low-rise (more than one to three stories) among residential facilities, and that the ratio of apartment high-rise was higher than expected. Based on the average time required to break into a place for an intrusion crime, it is assumed that the psychological time worked in a place where the break-in was difficult, since the break-in was not performed while measuring the time of the break-in operation. In the case of time to give up a crime, more than half of the respondents said they would give up the crime even in less than four minutes, suggesting that a significant number of intrusive crimes can be prevented even if the facility has four minutes of intrusion resistance. This proves that most intruders will give up the break-in if the break-in resistance performance of the security facility is exercised for more than five minutes.

A Study on the Violation of Probation Condition Determinants between Sex Offenders and Non-Sex Offenders (성범죄자와 일반범죄자의 보호관찰 경고장 관련 요인 비교)

  • Cho, Youn-Oh
    • Korean Security Journal
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    • no.43
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    • pp.205-230
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    • 2015
  • This study aims to compare the differences of crucial factors that are associated with probation warning tickets between sex offenders and non-sex offenders in South Korea. Serious high-profile cases have occurred in recent years which resulted in public and political conners for successful sex offender management and monitoring strategy through community corrections. The official response has been to initiate a series of legislative probation and parole measures by using GPS electronic monitoring system, chemical castration, and sex offender registry and notification. In this context, the current study is designed to explore the major factors that could affect the failure of probation by comparing the differences between sex offenders and non-sex offenders in terms of their major factors which are related to the failure of probation. The failure of probation is measured by the number of warning tickets which would be issued when there is the violation of probation conditions. The data is obtained from Seoul Probation office from January, 29, 2014 to February, 28, 2014. The sample number of sex offenders is 144 and the number of non-sex offenders is 1,460. The data includes the information regarding the offenders who completed their probation order after they were assigned to Seoul Probation in 2013. Furthermore, this study uses the chi-square and logistic regression analysis by using SPSS statistical package program. The result demonstrated that only prior criminal history was statistically significant factor that was related to the number of warning tickets in the sex offender group when other variables were controlled($X^2=25.15$, p<0.05, Nagelkerke $R^2=0.23$)(b=0.19, SE=0.08, p<0.05). By contrast, there were various factors that were associated with the number of warning tickets in non-sex offender group. Specifically, the logistic regression analysis for the non-sex offenders showed that demographic variable(marital status and employment type), offender-victim relationships, alcohol addiction, violent behavior, prior criminal history, community service order, and attendance order were statistically significant factors that were associated with the odds of warning tickets. Further policy implication will be discussed.

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Actual Conditions of Burglaries and Analysis on Residential Invasion Burglaries in Daegu Area (강도 범죄의 실태 및 대구 지역 침입 강도 범죄 분석)

  • Lee, Sang-Ho;Kwak, Jyung-Sik
    • Journal of forensic and investigative science
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    • v.2 no.2
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    • pp.5-20
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    • 2007
  • During the period from 2001 to 2005, 29,892 burglaries took place in Korea with the approximate average annual number - 5,978 cases. This study was conducted to analyze the reported burglaries and the result was summarized as follows. There were 8,605 residential invasion burglaries (28.8%) as the most frequent characteristic pattern. The exit was used as the most frequent invasion route for 4,031 invasion burglaries (64.3%), and an unlocked exit door or window was used as the most frequent invasion method for 2,462 invasion burglaries (28.6%). The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur. Also, 5,652 burglaries occurred on Wednesday which was twice higher than on Sunday (2,988 burglaries). It was shown that the number of persons injured during burglaries were 260 deaths and 10,610 injuries. The places of the highest occurrence were the street with 10,183 burglaries (34%) and then residential place with 7,527 burglaries (approximately 25%). One-man burglary was the highest complicity: 15,012 offenders (56.1%). The knife was used as the most frequent instrument for 6,498 burglaries (24,3%) what is rare, while no criminal tool or instrument was used for 15,631 burglaries (58.4). During the period from 2001 to 2006, 1,506 burglaries occurred in Daegu and the average annual number was 251 burglaries. Among those,515 residential invasion burglaries (34.2%) took place and the average annual number was approximately 86 cases. The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur (194 cases, 37.7%), the place of the highest invasion occurrence was the residential place (259 cases, 50.3%), and the exit was used as the most frequent invasion route (87 cases, 37.7%). An unlocked exit door or window was the most frequent invasion method (65 cases, 25.1%). In addition, pretending to be a delivery man, visitor or following the victim methods were used for 26 burglaries (10%). It is apparent that personal preventive measures against crimes, as well as governmental and social measures, play an important role in preventing burglaries. In particular, based on the analyzed result that an unlocked window or exit door was most frequently used for reported burglaries, it seems that there is a lack of understanding of crime prevention while little effort has been made to prevent crimes. Although everyone knows that locking a door is one of the basic measures to prevent crimes, many people tend to pay little attention to lock a door properly so burglary takes place. This study, therefore, is intended to encourage people to pay more careful attention to crime prevention, in order to help reduce the probability of burglary. With the recent improvement in social understanding of scientific crime investigation, a wide variety of police professions, including crime analysts, crime victim police counselors and coroners, have been prepared to develop the scientific crime investigation and crime analysis. In addition, it is hoped that further this study will contribute to encourage studies on crime prevention to be carried out in the future.

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Analysis of True Nature of Taliban and Terror Threat to Korea (탈레반의 실체와 한국에 대한 테러위협 분석)

  • Choi, Kee-Nam
    • Convergence Security Journal
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    • v.12 no.1
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    • pp.97-107
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    • 2012
  • Our nation, of which the term of dispatching troops is winded up at the end of this year, is facing presidential election time including the nuclear security summit meeting in March, opening of EXPO in May, and the general election. Hence, the possibility to select our nation at the strategy forming public opinion of military withdrawal through Taliban's terror is high. It coincides with public affair strategy of Taliban terror and learning effect by the past cases. If the possibility of terror threat of Taliban along with this is summarized, the period of threat will concentrate on and be heightened in the first half when the nuclear security summit meeting and EXPO open in our nation, and target and method have high possibility of collision terror of bomb carrying vehicle and suicide bomb on national government organizations or American facilities, and etc, and possibility of kidnapping on our people such as oversea tourists, missionaries, and so on. Terror groups joining the criminal act is to use Islam illegal aliens who already acquire base in our nation or entry maneuver of specialized terrorists connected to Al-Qaeda. Pretext of such terror is withdrawal of our military and western allies stationed in Afghanistan. Therefore, publicity terror of Taliban against our people living overseas and security measure of international events such as the world nuclear security summit meeting, Yeosu EXPO, and etc in the first half of this year should be thoroughly prepared, domestic illegal aliens' movement should be comprehended, and measure blocking international terrorists' relating to Taliban infiltration into our nation should be sought for. Also, there is need of early announcement of government's political will on our military stationed in Afghanistan.

The Police's Public Safety Infra Construction Plans for the Protection of Victims of Sexual Violence (경찰의 성폭력 범죄피해자 보호를 위한 치안인프라 구축방안)

  • Kim, Hyun-Dong;Jo, Hyun-Bin
    • The Journal of the Korea Contents Association
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    • v.13 no.12
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    • pp.715-723
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    • 2013
  • Following the social consensus for the need to stop sexual violence, the government has amended juvenile sex protection laws to impose fees on education practitioners who do not report sexual crimes against women, and amended the 'domestic violence prevention and victim protection laws' (2012. 2) so that the police can investigate on site. However, regardless of these wide efforts, the reality is that sexual crimes against the socially weak do not seem to be dwindling, raising concerns of the effectiveness of such amendments. Generally sexual crimes are hard to prove, and even if reports are filed, most cases are dropped with non-prosecution disposition. Victims are usually limited to women and children and this leads to secondary victims. As this thesis states, developed countries have a more systematic protection methods than our country. Therefore, the purpose of this thesis lies on the construction of public safety infrastructure for the protection of sexual abuse victims (enhancing safety protocols with related organizations, implementing a bill of rights for the victims, prevention-centered police education, amendments to current law) to limit human rights violations and criminal injuries.

Enactment of Anti-terrorism law In the Third World And The Instruction for Us (제3세계 국가의 테러방지법제정과 우리나라에 있어서 시사점)

  • Cho, Sung-Je;Soung, Jea-Hyen
    • The Journal of the Korea Contents Association
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    • v.9 no.10
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    • pp.274-283
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    • 2009
  • To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

A Study on the Role and Implications of PFI Prisons in Japan (일본 PFI교도소에 있어서의 Private Security의 역할과 시사점)

  • An, Sung-Hun
    • Korean Security Journal
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    • no.34
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    • pp.185-207
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    • 2013
  • Nowadays, national criminal policy focuses on "specialization", "advancement", and "choice and concentration" to enhance the efficiency and effectiveness of public peace services. Consequently, the space that a nation manages diminishes and there appears vacant space of security. For that reason, in most developed countries including South Korea, there has been a significant expansion in the size and role of Private Security(PS). From this point of view, the Japanese government has adopted the PFI(Private Finance Initiative) system in private prisons. These cases clearly show the role and significance of "PS". By applying know-how of the private sector, these PFI prisons make efficient use of installation by the united efforts of government and people. Criteria such as solution for risk baring, regional coexistence, preservation of public security, response management and operating skills are considered important particularly in Kitsuregawa and Harima prisons. Thus, this study examines the implications and applicability for the expansion of PS in South Korea.

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