• Title/Summary/Keyword: Prosecution system

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A Study on the Securing Political Neutrality of the Prosecution Service (검찰의 정치적 중립성 확보방안 연구)

  • Kim, Taek;Jung, In whan
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.4
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    • pp.59-66
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    • 2020
  • This paper considered the measures of securing political neutrality of the prosecutor on the reform of the prosecution. The nation's prosecution has enormous authority. In the meantime, the prosecution enjoyed unlimited power uncontrolled with investigative rights, prosecution monopoly, and police investigation command. No other country has as much power as the Korean prosecution. However, the prosecution, which enjoys such power, is placed on the task of reforming the prosecution due to poor democratic control. Has there been such a prosecutor in Korean history who only looks forward and wields long sword ehrflqtjdrhk against corruption in power? So far, the prosecution has conducted investigations that suit the administration's taste, and the prosecutors have been on the rise in return. That is why the previous administrations tried to ensure the political neutrality of the prosecution. As such, We would like to consider legal logic to analyze the sincerity of the prosecution reform. To this end, the first is to consider the authority of prosecutors and prosecutors. Second, consider the internal requirements of the government's reform of the prosecution. Third, establish the direction of prosecution reform.

Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

A Study on the Independence of Investigation Authority in Korean Police (경찰의 수사권 현실화 방안에 관한 연구)

  • Lee, Sang-Won
    • Korean Security Journal
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    • no.4
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    • pp.219-255
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    • 2001
  • An independence of investigation authority of police is a long desire of Korean police. This study examines a theoretical dispute of the police and the prosecution, their duties and investigation organization with the subject of an independence of investigation authority in Korean police. The object of this study is to present the problem of investigation system of police and devices of an independence of the police investigation authority.

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A Study on the Role of Computer-Added Stenography in Scientific Investigation (과학적 조사기법에 적합한 컴퓨터 속기의 역할에 관한 연구)

  • Lee, Gyu-An
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.4
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    • pp.533-537
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    • 2011
  • The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.

Case Study of Blasting Vibration and Noise in Public Resentment Area (민원발생시 발파진동.소음의 처리사례에 관한 연구)

  • 안명석;최영천;박종남;목연수
    • Explosives and Blasting
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    • v.17 no.3
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    • pp.13-22
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    • 1999
  • It Is indispensible to cause vibration, noise and dust to blasting and breaker operations. Since the control of these factors is supposed to be extremely difficult, the claim of compensation for material and mental damages are getting increased. Economically feasible blasting operation with controlling vibration and noise can be achieved by establishment of science-based plan, accurate operation and responsible inspection, and the application of efficient management system. It must also be remarked that the relevant applied without prejudice by the operator, and the law and regulation should be applied without prejudice by the authority concerned. In addition, the public claim against operators should be investigated in detail and the prosecution should be made under the careful onside-ration of scientific and reasonable conception. Finally, it is strongly suggested that the operations, public and authorities should make great efforts to develop higher technology in order to expand our construction market, to overseas.

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A Study on the Systematic Approach for the Management Science Implementation (경영과학의 실행을 위한 체계적 접근에 관한 고찰)

  • 김민성
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.9 no.13
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    • pp.51-61
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    • 1986
  • The management science was concerned about how to use the main point of the management science model and it's technique by the rational primary factors. The problem's definition, estabilished of the model and it's solving. These function are very difficult and important problems, what is more important, are the model of management science's real prosecution to the manager and management scientist. The management science give us a clue to the solution of a business problem. To get needs conclusion and achieving the estabilished object, we must implement a plan, a stratgem, a policy. If we were not implementing the recommended items, we may call the estabilished model and problem solving impractical, ivory-tower theorizing. But, the implementation of management science model is a complicated problem that is involved mutual relations of managers and management scientist, linkage parts member and the resources of organization. And the other problems of implementation are very complicated problems composed of technologic and economic, social and politic, psychological. This paper reports the implementation of a success that possibly studies a fluent and a chief cause to systematic analysis. Then, first of all I will define of implementation and from these, construction of a unity system, I continue with a catch hold of a main point and a fluent for the successful implementation.

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A Study on the Reform of the Police in Korea: Focused on Institutional Approach

  • Kim, Taek;Jung, In Whan
    • International Journal of Advanced Culture Technology
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    • v.10 no.3
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    • pp.120-126
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    • 2022
  • As part of the police reform, the current government is trying to establish a police bureau under the Ministry of Public Administration and Security and improve the personnel management of the police. Like the prosecution bureau under the Ministry of Justice, the main goal of the police is to establish a police support bureau in the Ministry of Public Administration and Security to have personnel, budget, disciplinary action, and inspection. However, the government's control of police rights was opposed mainly by the "Police Workplace Council," which is like a police union, and even police officials agreed with it, and the opposition was severe. It is becoming a form of struggle between the government and police organizations. As a police major, I don't want to side with anyone and support the police. However, I thought about what democratic control of the police should be with, considered what the police reform plan is, and analyzed the legal and institutional aspects of the current police, and expressed the following issues. First, this paper is as follows: First, we considered what the democratic control of the police was. Second, We focused on reform measures such as the personnel system and institutional approach. Third, I presented my argument on what the police reform plan is.

Comparative Analysis of Anti-Terrorism Act and its Enforcement Ordinance for Counter-Terrorism Activities (대테러 활동을 위한 테러 방지법과 시행령의 비교 분석)

  • Yoon, Hae-Sung
    • Korean Security Journal
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    • no.48
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    • pp.259-285
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    • 2016
  • As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

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Growth of Felonies after the 1997 Financial Crisis in Korea (외환위기 이후 흉악범죄의 증가와 정부의 범죄억지정책)

  • Kim, Duol;Kim, Jee Eun
    • KDI Journal of Economic Policy
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    • v.31 no.2
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    • pp.155-194
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    • 2009
  • The Korean economy successfully overcame the macroeconomic downturns driven from the Asian financial crisis in a very short period of time. The economic shock, however, generated a variety of social problems, one of which was the increase in felonies (homicides, robbery, rape, and arson), or degradation of public safety. We argue that the Korean criminal policy has not been effective to ameliorate the rising trends in crime caused by the financial crisis. In order to substantiate this claim, we assess the effectiveness of criminal policy: policing, sentencing, and corrections. First, there has been resource shortage in policing since the 1997 financial crisis. For the past ten years, the investment of human resource and budget in the police has been virtually stagnant, as well as in prosecutors' investigation activities. The insufficient resource allocation in policing caused a huge decline in arrest rates and prosecution rates. Second, the Korean judicial system has not increased the severity of punishment. Comparing the pre- and the post-financial crisis period, the average length of prison sentence by the courts has declined. Given the degrading in the quality of crime and the decreasing amount of inputs into the policing and prosecution, the government should have increased the severity of punishment to deter crime. Third, we found that the government hired more officers and allocated larger budget into prison and probation. However, it is difficult to suggest that the increased level of resources in correctional programs have been effective in preventing released prisoners from committing future crimes. This is because the number of repeat offenders convicted of more than a third offense increased dramatically since 1997, pushing felonies upward. In sum, the government organizations failed to respond respectively or to make coordinated actions, eventually causing a dramatic increase in crimes. This research brings explicit policy implications. In order to prevent possible additional degradation of public safety, the government must put more efforts into increasing the effectiveness of policy and to investing more resources into said policies. We also emphasize the importance of the institutional mechanisms which foster policy coordination among the Police, the Prosecutor's Office, the Ministry of Justice, and other relevant government organizations.

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Metro Telecommunication Basis Facilities Standardization and Functional Improvement Research (도시철도 구내정보통신 기반설비 표준화 및 기능 향상방안)

  • Kim Moon-Tae;Yoon In-Young
    • Proceedings of the KSR Conference
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    • 2005.11a
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    • pp.964-968
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    • 2005
  • The standardization of information communication is doing a Internal each other connection and each other characteristic stability operation security in objective. From the low-speed network of the subway operation beginning currently it changes with the superhigh speed digital information transmission communication service environment which is a quality service, the hazard which plans the quality improvement of the efficient communication service use which hits to here and passenger service the standardization of the technical standard which stands and the improvement which hits to an engineering standard and facility must come to accomplish. The facility which existing is been old or the enclosure communication equipments which are insufficient. it improves, establishment itexpands efficiently, like this facilities it is stabilized and it is economic and rationally use maintenance it manages with the plan for the inside and outside of the country information communication relation technical standard and engineering standard service feature improvement and future expandability and economical efficiency, the possibility of having a pliability in order to be, rational technical standard and standard it takes a triangular position, efficient characteristic security of information communication service there is a place objective which promises the rational development of course city railroad communication system with character. Function improvement of enclosure communication base equipment, against an improvement and standardization plan it described trom the prosecution which it sees.

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