• Title/Summary/Keyword: Criminal Justice

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A Study of U.S. Coast Guard(USCG) (미 해안경비대(U. S. Coast Guard)의 고찰을 통한 한국 해양경찰의 제도적 개선방안)

  • Lee, Jae-Seung;Lee, Wan-Hee;Moon, Jun-Seop
    • Korean Security Journal
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    • no.36
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    • pp.443-467
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    • 2013
  • The purpose of this study is to introduce United States Coast Guard (USCG) in order to suggest a direction to advance the system of Korea Coast Guard. After the effect of United Nations on the Law of the Sea in 1994, the world is facing with new era of maritime age with emergence of new maritime border 'Exclusive Economic Zone(EEZ)'. Along with new maritime era, Korea also has been facing with the conflicts caused from EEZ. Also, there is a increasing concern about maritime safety and security since people looking for maritime tourism and leisure sports are dramatically increasing in Korea. Moreover, national security matters are a big issue in Korea due to the several incidents occurred in the sea such as the attack on Yeon-Pyung Island and the sinking of Cheonan naval vessel. Arising concern on these issues in maritime space requires Korea Coast Guard to handle these effectively. However, the systematical and structural limitation of Korea Coast Guard limits the effective management of recent issues. The United States Coast Guard which is considered as one of the military force in the United States has continuously reformed and developed its system and structure to better handle the maritime safety and security issues through developing project such as the Integrated Deep Water system. Also, maritime police system and structure in the United States is different with in Korea. This study expects to suggest a way to advance the system and structure of Korea Coast Guard through examination of United States Coast Guard and comparing maritime police system and structure between Korea and the United States in order to properly deal with the maritime safety and security issues arising recently.

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A study on the Necessity of the Death Penalty in the Information Society -Focused on the misjudgement cases- (정보화 사회에 있어서 사형제도 폐지의 당위성 -오판사례를 중심으로-)

  • Lee, Dong-Myung
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.7
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    • pp.151-159
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    • 2014
  • Sometimes, the misjudgement of imperfect human can not be avoided because capital punishment is decided by a judicial officer, human. Dreiinstanzen system has been adopted to prevent misjudgement. However the possibility of misjudgement can not be entirely excluded in the judgement by a judicial officer as the judgement of a lower court and a higher tribunal depends on the specific criminal cases. And in case of capital punishment executed by misjudgement, it leads to a cruelty result which has not ways to recover the damage. There is an opinion that dangerousness of misjudgement is lacking in persuasiveness because of insufficient demonstration for the abolition of capital punishment. However, also, there is an opinion that the abolition of capital punishment in case of misjudgement is persuasive with reality. In this case, even if other punishments are discussed separately, once capital punishment is executed, it can be irrevocable unjustice because a nation itself commits a crime. According to this, I would like to find out causes of misjudgement in the criminal justice system through the cases of advanced countries, such as United states, Japan, which are rich in studies and case analysis related to misjudgement, and introduce their efforts to prevent misjudgement in this paper.

Comparison of Forensic Demographic Characteristics, Interpersonal Problems, and Personality Disorders between Early and Late Onset Criminal Patients with Schizophrenia (범법 조현병 환자에서 발병연령에 따른 범죄인구특성과 대인관계문제 및 성격장애의 차이)

  • Cha, Seung Min;Choi, Jong Hyuk;Lee, Mi-Ji;Chee, Ik-Seung
    • Journal of the Korean society of biological therapies in psychiatry
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    • v.24 no.3
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    • pp.202-208
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    • 2018
  • Objectives : The purpose of this study was to investigate the differences in forensic demographic characteristics, interpersonal problems and personality disorder between early and late onset criminal patients with schizophrenia. Methods : The participants included 187 inpatients with schizophrenia who had committed crimes. They filled out the Korean Inventory of Interpersonal Problem Personality Disorder Scales and Psychopathic Personality Inventory-Revised. They were divided into early onset group and late onset group according to onset age of schizophrenia at 26 years old(under 26 versus 26 and older) and forensic demographic characteristics, interpersonal problem and personality disorders including psychopathy were compared between two groups. Results : There were no differences in gender, education years and family history between the two groups. Early onset group was associated with lower age, earlier onset of age and earlier age at the time of the crime. Duration from onset to diagnosis was not different between the two groups. Duration from onset to crime and after diagnosis to crime was shorter in late onset group. There were no differences between the two groups in the interpersonal problems, personality disorder and psychopathic personality evaluation. Conclusion : These results suggested that there may be forensic demographic differences related to crime between early and later onset schizophrenia. Psychiatrists should consider the age at onset of schizophrenia when assessing the risk of violence in patients with schizophrenia. In the future. it will be needed other study of age classification such as admixture analysis.

The Current State and Legal Issues of Online Crimes Related to Children and Adolescents

  • Hyoung-ryul Kim
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.34 no.4
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    • pp.222-228
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    • 2023
  • There are two categories of online crimes related to children and adolescents: those committed by adolescents and those committed against children and adolescents. While recent trends in criminal law show consensus on strengthening punishment in cases of crimes against children and adolescents, there are mixed stances in cases of juvenile delinquency. One perspective emphasizes strict punishment, whereas the other emphasizes dispositions aligned with human rights. While various forms of online crime share the commonality in that the main part of the criminal act occurs online, they can be categorized into three types: those seeking financial gain, those driven by sexual motives, and those engaged in bullying. Among these, crimes driven by sexual motives are the most serious. Second-hand trading fraud and conditional (sexual) meeting fraud fall under the category of seeking financial gain and occur frequently. Crimes driven by sexual motives include obscenity via telecommunication, filming with discrete cameras, child and adolescent sexual exploitation material, fake video distribution, and blackmail/coercion using intimate images/videos ("sextortion"). These crimes lead to various legal issues such as whether to view vulgar acronyms or body cams that teenagers frequently use as simple subcultures or crimes, what criteria should be applied to judge whether a recorded material induces sexual desire or shame, and at what stage sexual grooming becomes punishable. For example, sniping posts, KakaoTalk prisons, and chat room explosions are tricky issues, as they may or may not be punished depending on the case. Particular caution should be exercised against the indiscriminate application of a strict punishment-oriented approach to the juvenile justice system, which is being discussed in relation to online sexual offenses. In the punishment case of online crime, juvenile offenders with a high potential for future improvement and reform must be treated with special consideration.

A Brief Overview of the Global Cartel Cases Brought by the Antitrust Division, U.S. Department of Justice (미 법무부 독점금지국에 의해 다루어진 글로벌 카르텔 사례에 대한 개관)

  • 크리스토퍼 J. 켈리;추명훈
    • Journal of Korea Fair Competition Federation
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    • no.73
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    • pp.2-12
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    • 2001
  • 미 법무부의 독점금지국(the Antitrust of the U.S. Department of Justice)은, 지난달 제일제당과 두 일본기업이 미 독점금지법 위반을 인정하는데 동의했다고 발표하였다. 미 법무부 독점금지국은 미국 상거래에 영향을 주는 호전적 카르텔에 있어서는, 연루된 기업의 국적에 상관없이, 또한 그 기업이 미국 역내에 있느냐 역외에 있느냐를 불문하고 자국의 독점금지법을 일괄적으로 적용해 오고 있다. 따라서 이런 기업들은 미국 독점금지법하에서 벌금이나 심지어는 금고형으로부터 자유로울 수가 없는 것이 현실이다. 미 법무부의 독점금지국은 판사의 형 선고 재량권을 현저하게 약화시킨 형 선고에 관한 지침(United States Sentencing Guidelines), 그리고 카르텔 공동협력에 있어 공모에 대한 증거제공 및 공동행위를 신고한 기업에 대해 형량감경제도(Corporate Leniency policy)를 효율적으로 운영함으로써 지난 몇 년간 미국 역외에서 발생한 공동행위에 대해 수많은 형사적 유죄판결을 받아내었다. 지난 수십년간 독점금지국은 가격고정, 입찰담합, 시장할당 그리고 셔먼법에 의해 당연위법으로 인정되는 경쟁자간의 합의에 관련된 기업들과 개인들에 대해 조사하고 형사적으로 소추해왔다. 이 모두는 불합리하게 거래를 제한하는 합의로 독점금지법에 의해 금지되는 행위들이다. 연방법은 현재 셔먼법 위반에 대한 벌칙으로 거래를 제한하는 공모에 합의함으로써 셔먼법을 위반한 기업에게는 최고 1,000만 달러, 개인에게는 최고 35만 달러의 벌금을 부과할 수 있으며 최장 3년간의 징역에 처해 질 수 있다고 규정하고 있다. 그러나 벌금액은 1987년의 형사벌금개선법(The Criminal Fines Improvements Act: 법원이 개인 및 기업에 대한 범죄에 의해 야기된 이익이나 손실의 두 배에 해당하는 금액 중 더 큰 금액을 선택적으로 부과할 수 있다는 규정)에 의해 극적으로 늘어나고 있다. 이 논고에서는 미 법무부 독점금지국이 글로벌 카르텔과의 전쟁을 성공적으로 수행하게 된 과정을 간략하게 검토하고, 그 과정에서 다루어진 중요한 사건 중 두 사례를 선정해서 고찰해 보기로 하겠다.

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A Study on the Principle of Subsidiarity on the National Basic Livelihood Security Act (국민기초생활보장법상 보충성원리에 관한 연구)

  • An, Bong-Geun
    • Korean Journal of Social Welfare
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    • v.61 no.3
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    • pp.5-28
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    • 2009
  • The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

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Match-Fixing in Korean Football: Corruption in the K-League and the Importance of Maintaining Sporting Integrity

  • Brooks, Graham;Lee, Ju-Lak;Kim, Hak-Kyong
    • International Journal of Contents
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    • v.8 no.2
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    • pp.82-88
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    • 2012
  • Fraud and corruption is a problem that undermines the credibility and integrity of all sport. It affects fans, owners, shareholders, officials, and players. With the recent scandal in the K-League in Korea, the importance of maintaining the integrity of Korean football is presently of great importance. While other European or Asian football leagues have been plagued with fraud and corruption, Korea has maintained its professional sporting integrity successfully until recent times. This paper is an examination as to why players in the K-League succumbed to match- fixing in 2011. Firstly, we discuss the important role of sport in Korea, which is not to be underestimated. Secondly, we briefly illustrate the range and types of fraud and corruption in international football. Thirdly, we focus on the match-fixing and gambling scandal currently engulfing the K-League. Fourthly, we make some practical suggestions on how to combat and increase resilience to fraud and corruption in football. Finally, in the conclusion, we suggest that much needs to be done to reduce the incident of fraud and corruption in football worldwide, particularly through employing a clear counter fraud strategy.

Impact of Inquiry-Based Teaching on Student Attitude toward Mathematics

  • Kim, Taik-H.;Pan, Wei
    • Research in Mathematical Education
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    • v.14 no.3
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    • pp.249-262
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    • 2010
  • Large Midwest university faculty members proposed the Science and Technology Enhancement Program Project (STEP) to improve students' learning in the secondary mathematics classroom using modules of inquiry-based teaching. The purpose of this study was to determine the impact of the STEP Project on students' attitude toward mathematics. Hierarchical linear models (HLM) were used to evaluate the impact of the STEP Project. The sample group for the study was 130 ninth grade students enrolled in Integrated Algebra I in a large urban school district. The school was one of eight secondary schools that participated in the STEP Project. The classes in the treatment group were three of five classes ordered in terms of the highest, middle, and lowest mean GPA. The control group consisted of two other middle GPA classes. The classes had an average of 25 students. Teachers who previously had been involved in the STEP Project taught all treatment and control classes. The inquiry-based teaching activities provided by the project were confined to the treatment classes. The survey measuring students' attitudes toward mathematics were obtained for both groups of students. The inquiry-based teaching affected students' attitudes toward mathematics (p < 0.07, ES = 3.07). Especially, students who had preexisting low attitudes toward mathematics were significantly affected by treatment (p < 0.02, ES = 0.02), while the treatment positively affected African American students overall at p < 0.08 (ES = 0.58).

Review on Correctional Health Care of Custody Facilities (교정시설 재소자의 보건의료관리실태에 관한 고찰)

  • Cho Yoo Hyang;Sung Seung Mo
    • Journal of Korean Public Health Nursing
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    • v.10 no.2
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    • pp.61-73
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    • 1996
  • The Korea now incarcerates a greater percentage of its Population than any other country : For 63,000 prisoners in 40 prisons and jails. Most inmates are mate. young, poor, and morbidity groups. Most are substance abusers with substantial physical and mental health needs. Corrections in general and correctional health care in particular have suffered negative consequence : severe overcrowding, insuffcient programs as the acquired immunodeficiency syndrome(AIDS). tuberculosis, and hepatitis. The large increase in the number of substance abusers and sick and terminally ill inmates has rendered our nation's prisons and jails physically or financially unable to deal with their current populations, much less the explosive increases the future holds. It is the magnitude of inmate health problems that threatens to overwhelm the substantial gains made in correctional health care over the past two decades. As measured by recognized standards of inmate health and health services, our correctional systems are in crisis. As a nation. we must respond to the problem of health problem with national strategies that do not overwhelm the capacity of our criminal justice system to care for its inmates.

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The problem point and improvement program of the scene search and seizure of digital evidence at practical affairs (실무상 디지털증거의 현장압수수색 문제점과 개선방안)

  • Kim, Yong-Ho;Lee, Daesung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.17 no.11
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    • pp.2595-2601
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    • 2013
  • Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.