• Title/Summary/Keyword: Insurance crime

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A STUDY ON THE GROWTH OF PRIVATE SECURITY IN THE UNITED STATES (미국(美國) 민간경비의 성장요인 분석)

  • Lee, Chang-Mu
    • Korean Security Journal
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    • no.6
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    • pp.273-289
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    • 2003
  • The purpose of this study is to explore the underlying causes of the development of private security in the United States. These include the increasing crime rates and fear of crime, the poor performance of public policing, the decentralization of political authority, the increase of mass private property, economic growth and increase of personal income, commodification of security, insurance companies' demand for tighter security and fear of litigation, and historical events such as World War I & II. Based on the findings of this study, it is suggested that no single factor would account for the growth of private security in the United States. In other words, the rapid growth of private security in the United States should be attributed to the interrelated influences of the factors given above. Finally, it might be the contribution of this study that the future development of private security in Korea would be guided by understanding the case of the United States because of the similarities of the developmental process in private security industry of two countries.

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A study on The tendency of insurance crime (보복범죄 경향 연구)

  • Kang, maeng-jin
    • Proceedings of the Korea Contents Association Conference
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    • 2015.05a
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    • pp.123-124
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    • 2015
  • 2014년 보험사기로 인한 금액이 무려 6000억 원에 이르고 범죄 혐의자도 8만 4300명에 이른다고 한다. 이는 전년도 보다 9.4% 증가한 인원이다. 경기불황과 죄의식 결여 등으로 근래 들어 보험범죄는 갖가지 양상으로 나타나고 있다. 범죄발생 증가의 폭도 크고 그 수법도 잔인해지는 등 여러 가지 사회적인 문제를 야기하고 있다. 본 연구는 최근 보험범죄의 경향을 살펴보고 이에 대한 적절한 대응방안을 제언하고자 한다.

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Study on the Realities in Seoul Subway Crimes: Criminal Psychology (서울지하철 범죄 실태에 대한 범죄심리학적 연구)

  • Rim, Sang-Gon
    • Korean Security Journal
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    • no.7
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    • pp.233-285
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    • 2004
  • ‘Defined legally as a violation of law' (Sutherland, E. H. Principles of Criminology, Lippincott, Chicago, 1939) Crime within the group is essentially and primarily antisocial in that the criminal who is welfare of his group acts instead against it and breaks the principles of social solidarity not merely by not doing what these principles prescribe, but by doing something exactly opposites. Any program set up to attack crime and delinquent behavior at their sources. A program of his nature needs the constant and comprehensive collaboration of psychiatrists, social works, educations, lawmakers, and public officials, since crime is a social problem and it should be treated as such. Some crime preventives which should be mentioned are as follows, (1) The insurance that every child will be decently born and that his home life be socially and economically adequate; without socially mature parents the chid is handicapped at the start; thus parental education, integrated with the public school system, should be developed now. (2) A more meaningful educational program which would emphasize ideals of citizenship, moral integrity, and respect for the law and the police. (3) A periodic check made for potential delinquents throughout the public schools and treatment provided if possible; and if not, proper segregation in institutions. (4) Careful attention paid to press, movies, and radio so that crime may no longer appear to be glamorous. This can be done by women's clubs, civic bodies, and other educational groups exerting pressure on the movie syndicates and broadcasting companies to free their productions of the tawdry and lurid characteristics of crime and criminals. Aggression associated with the phallic stage of development, The child ordinarily comprehends sexual intercourse as an aggressive and sadistic act on the part of the male, and specifically on the part of the penis. Evidence that the penis is phantasied as a weapon of violence and destruction come from unconscious productions of normal adults. Limerick, for instance, often refer to the penis as square, or too large, etc., so that intercourse is dangerous and painful for the partner, This may wall be a projection of the male's own fear of coitus. A certain portion of the death-instinct always remains within the person; it is called 'primal sadism' and according to Freud is identical with masochism. 'After the chief part of it(the death instinct) has been directed outwards towards objects, there remains as a residuum within the organism the true erotogenic masochism, which on the one hand becomes a component of the libido and on the other still has the subject itself for a object.' Criminalism, compulsive-neurotic frequent repetition of criminal acts in a compulsive manner. Like most symptoms of the compulsive-neurotic, such antisocial act are closely rated to feelings of hostility and aggression, often against the father. Because these acts are symptomatic, they afford only temporary relief and are therefore repeated. One patient with compulsive-neurotic criminalism was apprehended after breaking into hardware store and stealing money. He later confessed to many similar incidents over the preceding two years. At the same time it was apparent that he stole only for the sake of stealing. He did not need the money he thus obtained and had no special plans for using it.

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Recent Issues related to the Medical Certificate and Prescriptions (진단서, 처방전과 관련된 최근의 쟁점)

  • Moon, Hyeon-Ho
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.49-80
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    • 2013
  • The Issuance of false medical certificates on Criminal Law or the Medical Service Act are frequently applied to the insurance fraud cases related with the medical certificate, prescriptions. The meaning of medical certificate is not defined on the crime of Issuance of false medical certificates, but considering the rule of Paragraph 1 of Article 17 of the Medical Service Act, which punishes drawing up the medical certificate by anyone except the doctor who has directly examined, and the principle of legality, the medical certificate applied with the crime of Issuance of false medical certificates should (1) include the judgment after current medical ex-amination, (2) be written for the purpose of verifying the health status and (3) have a style that can be recognizable as medical document usually written by doctors. In addition, since there have been many argues on the range of application of the Paragraph 1 of Article 17 of the Medical Service Act, which generally regulates various kinds of documents such as medical certificates, prescriptions and others, which have different purpose and characters, the range of application of the clause above is needed to be interpreted strictly.

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A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

A Study on Farmer's Requisition on Welfare Policy (농업인 복지정책 요구도 분석)

  • Ryoo Hak Soo;Cho Young Sook
    • The Korean Journal of Community Living Science
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    • v.16 no.2
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    • pp.51-59
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    • 2005
  • The purpose of the present study is to seek measures to increase the quality of farmers lives by considering the results of a survey on the welfare demand for them when setting up policy. The results are as follows: First, though many concerns and policies to control the rural exodus have been exerted in terms of maintaining agricultural communities, which is one of critical components for the development of Korean agriculture and farming villages, the rural exodus became more and more serious. It is urgently required, therefore, for the Korean administration to correspond actively to the reasons why farmers depart their villages, such as bad prospects, low incomes or problems with their children's education. Second, as the number of females who take part in farming has increased, it is necessary to reform the rural educational environment. In addition, as the agricultural community develops, and other industries flow in, the greater the worries about crime, and consequently, it is necessary to equip a local safety system, share information on job opportunities, and provide educational opportunities. Third, since rural districts nay have financial difficulties because of old-aged and small-sized farmhouse, it is necessary to mainly support the welfare of the aged and lower-income farmers, considering the characteristics of each group and area. Fourth, over half of the farmers responded that they cannot bear to pay the national pension and health insurance premiums, and therefore it should be considered to reduce the pension and premium, or to readjust the insurance value appropriate to the level of the farmer's income. Fifth, despite a number of agricultural policies now in place, farmers desire a policy which can promise a prosperous vision for Korean agriculture and the facilities needed for education and health. It is necessary for the administration to set up policies that are characterized by locality with the view that farmers are not mere recipients, but participants in the policies.

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A Study on the Possibility of Ignition by Disposable Lighter (사례를 통한 화재사(火災死)의 이해)

  • Jae, J.J.;Lee, C.W.;Keon, H.S.;Son, J.B.;Lee, J.I.;Choi, D.M.
    • Journal of Korean Institute of Fire Investigation
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    • v.10 no.1
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    • pp.59-75
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    • 2007
  • The causes of the fire casualties were the heat burns, contacted by flame, before the period of industrialization. According to the economic has been developed drastically since 1990, residing space has been become bigger and sophistication and interior finishing materials have been diversified. Therefore, the suffocation casualties, caused by inspiration of toxic combustion gases, have been more increased than the flame casualties in recently. Also, the arson casualties have been increasing with the increasing of insurance crime to take the Insurance money. According to National Emergency Management Agency announcement, 31,778 fires was occurred nationwide in 2006 and the total casualties were 2,180 occurred. 446 persons were died among them. Because the exact investigation of fire, occurred the death, is very especially important that civil and criminal cases will be happened. Therefore, we studied about the cause of fire, the place of origin, and the group of casualties age on the axies of fires, which were occurred recently. And the identification method of fire casualties, the human behavior characteristic, the flame casualties and the suffocation casualties at fire scene.

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Improvement Applied Cooling Off Period and A received Commodity Notice Period - the law related electronic commerce to protect customers' rights - (청약철회기간 및 상품수령통지기간의 적용 개선 방안 - 전자상거래등에서의 소비자보호에 관한 법률 -)

  • Chae, Hun;Kyung, Moon-Soo
    • International Commerce and Information Review
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    • v.10 no.3
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    • pp.75-99
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    • 2008
  • In the commercial transaction sellers use various sales strategies to increase profits, and this kind of sales strategies often causes damage to customers, it, moreover, is true that these examples happen in the electronic commercial market much more than in traditional one because of the characteristics if the electronic commerce. That's why people transact one another without face-to-face meeting in the electronic commerce market, so people one likely to fall for a trick to cheat and deceive. It's no doubt that the frequency of crime is higher than in face-to-face market. For that reason Cooling Off System, Consumer Compensation Insurance, Mutual Aid Association and Billing Payment Deposit System are in force the law related electronic commerce to protect customers' rights. In this paper it will be discussed about the periods of Cooling Off System and a received commodity notice of the Billing Payment Deposit System. Regarding these periods seven days for Cooling Off period and three days for a received commodity notice period are stipulated under the law of related electronic commerce to protect customers' rights, But each period has to be differentiated depending on each goods for this period to be reasonable and proper. Therefore in this study it will be focused on these facts and each period will be classified by the goods' purpose of purchase and quality.

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The assessment of Seoul City school sheriff system and developmental expansion plan - Around the righteousness proof of the security industry law application - (서울시 학교보안관 제도의 평가와 발전적 확대방안 - 경비업법 적용의 당위성 논증을 중심으로 -)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.29
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    • pp.163-191
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    • 2011
  • Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.

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Categorization of medical activities in the essential surgical field that require criminal immunity -As part of solving the manpower shortage in essential medical hospitals in the surgical field- (형사면책이 필요한 외과계 필수의료행위의 범주화 - 외과계 필수의료 병원 인력난 해결을 위한 일환으로 -)

  • Phils Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.101-130
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    • 2023
  • Korea has very easy access to tertiary hospitals, including university hospitals, among OECD countries, and patients can reach the emergency room of a university hospital within 1-2 hours. However, there are many so-called 'essential medical' blind spots where people die because they do not receive surgery in time. In particular, in the case of essential medical care in the surgical field, despite basic surgery, there is a shortage of medical staff to perform outpatient surgery in emergency situations at university hospitals. Although this lack of manpower has a problem with low insurance premiums for surgery, it also has a very large impact on the burden of criminal liability for medical malpractice, which increases the incidence in case of emergencies. Here, we propose crime immunity to solve the manpower shortage of converged smart surgical essential medical (SES) hospitals. Currently, the medical community agrees on the need for crime immunity, but it is an ambiguous scope of immunity that has not reached a national consensus. We would like to present clear standards for essential medical practices (surgery) that require criminal immunity.