• Title/Summary/Keyword: Security law

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Analytical Evaluation of Influent Depending on the Occurrence of Rainfall by Case Study of Wastewater Treatment Facility (하수처리시설 사례 별 강우발생 유무에 따른 유입수 분석 평가)

  • Choi, Langkyu;Chung, Jin Do
    • Journal of Korean Society of Disaster and Security
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    • v.12 no.3
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    • pp.35-49
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    • 2019
  • Currently in 2018, Korea has over 600 operating sewage disposal facilities. The law requires a sewage treatment plant to treat 500 tons or more of water per day, and a small-decentralized sewage treatment facility in a community to treat 50 tons or more to less than 500 tons of water per day. However, most facilities fulfill neither the quantity nor the quality requirements from the original design for such reasons as inflow of rainwater and ground water due to deterioration of pipelines and unauthorized input of wastewater in the pipelines. The research has selected 2 representative cases among the technical diagnosif sewage pipelines in many regions within the country to use it as the baseline of: hourly flowrate and BOD water quality analysis in both clear and rainy days, proper plant operation through inflow rate and ratio calculation, and diagnostic evaluation for deterioration of the pipelines and their accessary structures. This also suggests facilities that treats 500 tons or more of inflow per day to sample and analyze the water hourly for 24 hours once a week in both clear weather and rainy weather considering the influence of rainfall on a regular basis.

A Study on the Responsibility Judgment and Mental Disorder of Criminal Psychology (책임능력판단에 관한 범죄심리학적 이론과 정신장애 항변 연구)

  • Rim, Sang-Gon
    • Korean Security Journal
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    • no.10
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    • pp.293-322
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    • 2005
  • The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

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A Study of International Confrontation on the Prevention of Cyber Crime (사이버범죄에 대한 국제적 대응방안)

  • Jeong, Jeong-Ile
    • Korean Security Journal
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    • no.10
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    • pp.323-354
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    • 2005
  • As with the vast array of computer technology and its rapid development, along with the entry of the internet as one of the necessities of life, the so-called cyber space has become a vital component of our modern day living. While such cyber space has provided the society with much convenience and utility as to the gathering and acquiring of information, crimes involving cyber space has accordingly increased in both number and form, Nevertheless, the conventional law as existed before the development of the cyber space were unable to meet the demands of this new breed of crime, which inevitably led to the gap in the government ability to punish such criminals, Thus, in response to the rising number of cyber crimes, a large number of nations have either created or is in the process of committing human and financial resources to strengthen the investigative powers relating to cyber crimes and creating a new area of prohibiting such crimes. As a overview of cyber crime, (1)defines the terms, describes features of cyber crime, (2)explains the international prevention necessity of cyber crime, and (3)the necessity of legislating the cyber crime Fundamental Act (4)the recognition of the evidential values on the confiscated electronic records and reviews types of cyber crime including cyberterror. Lastly, emphasizes necessity on international cooperation for prevention of cyber crime as usual.

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A Study of the Summary Trial System's Reform Measures (현행 즉결심판제도의 개선방안 연구)

  • Kwak, Young-Kil
    • Korean Security Journal
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    • no.13
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    • pp.47-70
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    • 2007
  • The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

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A Study on the new autonomous police system in Korea

  • Oh, Yoon-Sung
    • Korean Security Journal
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    • no.13
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    • pp.551-575
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    • 2007
  • 한국에서의 경찰제도는 국가경찰의 형태로 운영되어와 획일적이고 중앙집중식의 경찰활동에 대한 거부감이 전반적으로 있어왔다. 그러나 지역주민의 의사에 따른 자율규율에 의한 다원적 민주주의를 실현하고 국민의 기본권을 실질적으로 보장하기 위하여 지난 1995년 지방자치단체의 장과 지방의회 의원의 동시선거가 시행되어 온 이래 10여년이 흘렀다. 그러나 지방자치제도가 시행되기 이전부터 자치경찰제도에 대한 논의는 지속적으로 이루어져 왔다. 자치경찰제에 있어서 주요쟁점의 핵심사항은 자치경찰제를 도입하는 것의 득실관계라고 볼 것인데 이는 관점과 어느 측면에 중점을 둘 것인가에 따라 다르게 나타나게 된다. 지방자치의 존재 이유 중에는 주민 복지적 차원에서 주민의 안전보호가 중요한 부분을 차지하고 있다. 특히 자치경찰제는 수사권독립과 함께 지난 몇 대에 걸친 각 대통령의 선거공약이었기 때문에 노무현 정부 출범 이후 정부는 지방분권차원에서 정부혁신지방분권위원회에서 여러 가지 검토를 해 온 바 있다. 2004년 1월에 정부혁신지방분권위원회의 지방 분권과제 주요과제로 자치경찰제 방안을 검토하기 위해 위원, 관계 공무원 10명으로 자치경찰 T/F를 구성하여 운영한 이 후 자치경찰제 도입방안에 대하여 경찰정과 실시 단위 및 수행 사무 등 주요 쟁점에 대해 협의하면서 실천 가능한 방안을 마련하기 위해서 스페인, 프랑스, 이태리, 그리스 자치경찰기관을 현지 방문하여 외국 자치경찰 제도를 조사한 후 2004년 9월 중순에 자치경찰(안)을 발표하였다. 이 안은 크게 경찰을 사법경찰과 행정경찰로 구분하는 개념 하에 최초로 나온 자치경찰제에 대한 구체적 시행 안이라는 점에서 그 의의를 찾을 수 있을 것이나 지금까지의 기대수준에 과연 부응하는 안이 될 수 있을 것인가에 대한 의문이 제기되고 있다. 동 사안은 2005년 하반기에 시범적으로 시행하고 민선 4기 자치단체장이 출범하는 2006년 하반기에 본격적으로 시행될 것으로 발표하고 발표와 동시에 정부혁신지방분권위원회에서는 본 자치경찰제 기본방향과 법안제정의 원칙과 구체적인 내용에 대한 토론회를 개최하는 등 다양한 홍보를 하였으나 여러 가지 문제점으로 인하여 아직 시행되지 못하고 있다. 따라서 과연 이 안이 한국에서의 자치경찰제 시행에 효과적인 안인가 그렇지 않으면 대선공약을 지키기 위한 일종의 정치적 고려를 한 졸속적인 안이 아닌가에 대한 논란이 제기되고 있다. 지금까지 한국에서는 자치경찰에 대한 많은 토의가 있어 왔으나 이번에 제하고 있고 현재 지방자치단체에서 시행하고 있는 기존 법집행방식과 거의 차이가 없는 상태시된 안은 적어도 지금까지 논의되어왔던 제도와는 매우 생소한 자치경찰 제도를 근간으로 에서 ‘무늬만 자치경찰’ 이라는 비판이 일각에서 제기되고 있는 실정이다. 현재 자치단체에서 시행하고 있는 행정 경찰적 기능을 다소 보완하고 제복착용과 조직을 하나 더 만든 정도가 아닌가 하는 정도이다. 그러므로 본 연구에서는 정부혁신지방분권위원회에서 제시한 자치경찰제도(안)을 중심으로 자치경찰제도 운용의 목적 충족과 실질적인 효과의 측면에서 분석하고 바람직한 자치경찰제도의 운용에 대해 살펴본다.

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A Study on the Police Station for Adoption of Local Police System (지역경찰관서 설치에 관한 연구)

  • Park, Chan-Hyeok;Jung, Eui-Rom
    • The Journal of the Korea Contents Association
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    • v.18 no.8
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    • pp.536-543
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    • 2018
  • In 2003, the local police system was adopted, and the personnel and installation of local police agencies were subsequently changed. According to the "Police Law", local police station shall be established under the control of chief of police department, and the criteria for the installation of local police stations were to take into consideration of population, administrative districts, area, geographical characteristics, traffic and other conditions. The chief of local police has the authority to install district police station according to the "National Police Agency and its Organization". However, it is hard to say they were applied. Futhermore, it is inappropriate to apply the laws and regulations equally across the nation. Also, it has been criticized for its difficulties of patrolling, the weakened relationship with local residents, and poor quality of security services in rural areas. Therefore, this study suggests that the criteria for the installation of the police station should be made through a comprehensive analysis of the characteristics of the areas and security needs.

An Exploration on Personal Information Regulation Factors and Data Combination Factors Affecting Big Data Utilization (빅데이터 활용에 영향을 미치는 개인정보 규제요인과 데이터 결합요인의 탐색)

  • Kim, Sang-Gwang;Kim, Sun-Kyung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.287-304
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    • 2020
  • There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

A Study on Improvement of Test & Evaluation of Vehicle Part in Mixed Equipment and Defense Industrial Technology (혼성장비 차량부 시험평가 및 방위산업기술 보호 제도 개선에 관한 연구)

  • Yoon, Heung-Soo;Ryu, Yeon-Seung
    • Journal of the Korea Convergence Society
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    • v.9 no.7
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    • pp.241-249
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    • 2018
  • The military purpose vehicles are developed by using the platform of civil vehicles according to the commercial vehicle expansion plan and military supplied product commercialization policy. But the information related to the military purpose vehicle which adopts the same platform with the civil vehicle is forced to be exposed because its information is revealed by containing into the maintenance manual and electric circuit diagram. Especially, the information disclosure should be blocked by reviewing the application of technology protection because the military vehicle becomes combating purposed mixed equipment when the missile and radar are mounted. The mixed equipment means the one configured with more than 2 types of equipment, and it is categorized into the main and sub equipment. This study was performed to derive the problems in Korean system for vehicle part test evaluation on the mixed equipment and the defense industry technology protection system, and to derive the methods for improving through interviews with the specialists. The conflicts between the civil laws and army regulation were reduced by adding a clause that the engine reflected with the newest emission gas standard should be mounted based on the time of force integration, and the commercialized military supplies were designated as element technology of defense industry technology in consideration of its roles and functions.

A study on the Seoul Street Monitoring Analysis for Safety Walking Environment - In case of Gangdong-gu - (안전보행환경을 위한 서울거리모니터링 분석에 관한 연구 - 강동구 사례를 중심으로 한 -)

  • Kim, Sung Soo;Cho, Min Gee;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.6 no.2
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    • pp.31-39
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    • 2013
  • Seoul city has been carried out the actual conditional investigation about street monitoring from January to June of 2013. As the result of this investigation, it has been performed aleady the Seoul city's BSI goal of 2013. The 9,722 cases were reported through the street monitoring activities. Despite of increasing drastically for 1,151 cases's record of 2012, Street monitoring activity appeared wide variations in the region, ages, vocation and gender. Also it depended on 14 outstanding persons of merely 2.2%. They reported 6,546 cases that run to 67.3%. On the basis of Herbert W. Heinrich's law of 1:29:300, the dead of 28, seriously and the slightly injured of 816 and the latent injured of 8,442 were decreased. It respected and protected the 9,287 Seoul citizen's life. This study reseted a definite goal of monitoring and estimated a performance possibility as well as suggested a monitoring expert system, monitor increase, grade evaluation incentive, general evaluation method throughout priority analysis of Gangdong-gu case.