• Title/Summary/Keyword: capital punishment

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A Critical Study on Capital Punishment System in Perspective of Correctional Welfare (교정복지의 관점에서 본 사형제도의 비판적 고찰)

  • An, Bong-Keun;Nam, Ki-Min
    • Korean Journal of Social Welfare
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    • v.59 no.3
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    • pp.33-58
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    • 2007
  • Capital punishment is a system which is not finished simply as one of interim penalty but does away with one person's existence eternally. It is not only opposite to the existential humanism but also contrary to social welfare's goal like social integration. Therefore, this study tries to find out the issues related to capital punishment and further tries to draw out the rightness of capital punishment abolition by critically reviewing the capital punishment system on the basis of the value and philosophy of correctional welfare. In brief, capital punishment is possible only when we negate the inviolable fundamental right which is called life right, and deny the human life existence which surpasses space and time. As long as we can not deny the macroscopic viewpoint to search out the basis of human behavior in the social system which is called culture and society, capital punishment system is contrary to the philosophy of welfare that total society is responsible for guiding members of society to pursue self realization on the basis of value like social solidarity and human dignity. Also, it is against the objective of correctional welfare to head toward special prevention by positive correction and rehabilitation. Capital punishment system ought to be abolished properly.

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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.

The right to life and Capital punishment (헌법상 생명권과 사형제도)

  • Lee, cheol-ho
    • Proceedings of the Korea Contents Association Conference
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    • 2009.05a
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    • pp.559-566
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    • 2009
  • The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

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Ethical Justification of Capital Punishment - Retributive Argument against the Death Penalty - (사형제도의 윤리적 정당성 - 사형에 대한 응보론적 논증을 중심으로 -)

  • Lee, Yun-bok
    • Journal of Korean Philosophical Society
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    • v.145
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    • pp.351-380
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    • 2018
  • In every society, citizens must decide how to punish criminals, uphold the virtue of justice, and preserve the security of the community. In doing so, the members of society must ask themselves how they will punish those who carry out the most abhorrent of crimes. Many common responses to such a question is that death is an acceptable punishment for the most severe crimes. But to draw some theoretical distinction between a crime that deserves incarceration and a crime that is so heinous that it deserves capital punishment is subject to three errors. First, what possible line could be drawn? To decide on a particular number of deaths or to employ any standard would be arbitrary. Second, the use of a line would trivialize and undermine the deaths of those whose murderers fell below the standard. Third, any and all executions still are unjust, as the State should not degrade the institution of justice and dehumanize an individual who, although he or she has no respect for other human life, is still a living person. Simply put, all murders are heinous, all are completely unacceptable, and deserve the greatest punishment of the land; however, death as punishment is inappropriate. Also, while this article arrives at the conclusion that the death penalty is an inappropriate form of punishment, I have not offered an acceptable alternative that would appease those who believe capital offenders deserve a punishment that differs in its quality and severity. This is a burden that, admittedly, I am unable to meet. I finally conclude that the death penalty is unjustified retribution. This is the only claim that can effectively shift the intellectual paradigms of the participants in the debate. The continued use of the death penalty in society can only be determined and influenced by the collective conscience of the members of that society. As stated at the outset of this article, it is this essentially moral conflict regarding what is just and degrading that forms the backdrop for the past changes in and the present operation of our system of imposing death as a punishment for crime.

Investigate the Roles of Sanctions, Psychological Capital, and Organizational Security Resources Factors in Information Security Policy Violation

  • Ayman Hasan Asfoor;Hairoladenan kasim;Aliza Binti Abdul Latif;Fiza Binti Abdul Rahim
    • Asia pacific journal of information systems
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    • v.33 no.4
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    • pp.863-898
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    • 2023
  • Previous studies have shown that insiders pose risks to the security of organisations' secret information. Information security policy (ISP) intentional violation can jeopardise organisations. For years, ISP violations persist despite organisations' best attempts to tackle the problem through security, education, training and awareness (SETA) programs and technology solutions. Stopping hacking attempts e.g., phishing relies on personnel's behaviour. Therefore, it is crucial to consider employee behaviour when designing strategies to protect sensitive data. In this case, organisations should also focus on improving employee behaviour on security and creating positive security perceptions. This paper investigates the role of psychological capital (PsyCap), punishment and organisational security resources in influencing employee behaviour and ultimately reducing ISP violations. The model of the proposed study has been modified to investigate the connection between self-efficacy, resilience, optimism, hope, perceived sanction severity, perceived sanction certainty, security response effectiveness, security competence and ISP violation. The sample of the study includes 364 bank employees in Jordan who participated in a survey using a self-administered questionnaire. The findings show that the proposed approach acquired an acceptable fit with the data and 17 of 25 hypotheses were confirmed to be correct. Furthermore, the variables self-efficacy, resilience, security response efficacy, and protection motivation directly influence ISP violations, while perceived sanction severity and optimism indirectly influence ISP violations through protection motivation. Additionally, hope, perceived sanction certainty, and security skills have no effect on ISP infractions that are statistically significant. Finally, self-efficacy, resiliency, optimism, hope, perceived severity of sanctions, perceived certainty of sanctions, perceived effectiveness of security responses, and security competence have a substantial influence on protection motivation.

Water Supply and Samurai Residence in the Castle Towns during the Edo Period: The Creation of the Modern Urban Dwellers

  • Satoshi, Fujimura
    • Journal of East-Asian Urban History
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    • v.3 no.1
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    • pp.83-120
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    • 2021
  • This article analyzes the publicness of early modern cities and the character of samurai residences as urban dwellers through the water supply and use of the Edo period in Japan. Firstly, in Edo, a megacity with a population of about one million, the Shogunate organized samurai residences (mainly those of feudal lords, Daimyo) into geographical organizations, and samurai residences paid for the repair of water facility and the water fee, just the same as the townspeople. Next, in Fukui (provincial castle town), samurai residence (Daimyo's vassal) organization for waterway didn't exist. The samurai residences were relieved of the burden of maintaining the waterways due to poverty. And, before the later Edo period, samurai vassals were not punished for violating the rules on water use, but they were eventually included in the punishment. The gap in feudal status between samurai and townspeople narrowed. It was a process of creating a modern urban society composed of equal dwellers. Although Edo and Fukui belonged to the same category as castle towns, the urban publicness and the position of samurai residences were different due to their dissimilar political positions as the Shogunate capital city and the Daimyo's provincial castle town.

A Study on Assuring the Effectiveness of Administrational Regulation and Supervision in Korea Private Security (민간경비에 대한 행정규제 및 감독의 실효성 확보 방안)

  • Lee, Sang-Chul;Shin, Sang-Min;Lee, Min-Hyong
    • Korean Security Journal
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    • no.12
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    • pp.245-269
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    • 2006
  • The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

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A Study on Problems and Improvement of Government's Real Estate Policy (정부의 부동산 정책 문제점과 개선방안)

  • Kim, Taek
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.1
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    • pp.256-263
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    • 2021
  • This paper studies the problems and improvements of government real estate policies. Moon Jae-in government shifted toward regulation and pledge to curb the tax imposed by speculators. It strengthened regulations on reconstruction and bank loans rather than supply, and raised capital gains taxes. As the government implemented measures, emphasizing political logic rather than the economy, the market is unstable and the economy is in a recession. Land has increased the vicious cycle of problems due to population growth, industrialization, urbanization, and wealth growth. Mis-established land policies not only accelerate land prices, but also accelerate the use of disordered land and lead to disruptions in the trading order. In addition, real estate is so difficult to recover from the land problem that it is difficult to contain water that has been spilled once. This is called the irreversible nature of land. Once the land price rises, it is difficult to regain control and reckless development leads to the destruction of the ecosystem, making it difficult to return. This is why such a complex real estate issue should not be implemented as if it were a punishment in a short period of time with government policies. This paper aims to examine the problems of real estate policies and to examine ways to improve them.

A Study on Period Division According to Overall Revision of 「Security Services Industry Act」 (「경비업법」제·개정에 따른 민간경비의 시대적 구분)

  • Park, Su Hyeon;Kim, Byung Tae;Choi, Dong
    • Korean Security Journal
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    • no.58
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    • pp.195-213
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    • 2019
  • 「Security Services Industry Act」made in 1976 for the purpose of contributing to the good operation of services industry by establishing the requirements for promotion, development and systematic management of services industry has been since 26 times of overall revisions. Period division of private security through overall revision of 「Security Services Industry Act」 can be roughly divided into three periods. The first is a settlement period. It is a period when the present five business areas were completed rom 1976 to 2001. Beginning with facility and escort security in 1996, five types of jobs have been prepared. so far by adding personal protection in 1996, and machine and special security in 2001. The second is a quantitative growth period. It is a period when quantitative development is made on the institutional basis. As various culture, sports and arts events are increasing based on the demand of security services due to an increase in the people's sense of security, quantitative development was made, which additionally influenced the downward trend of capital and the possibility of having two jobs through revisions. The third is a qualitative growth period. From 2013 to the present is a period when quantitative growth has slowed and qualitative growth has been made. After the period of quantitative growth, the growth slowed down. However, by raising the criteria for permission of services industry through creation of a rule for the group civil petition, by raising capital, by institutionally compensating for diverse punishment regulations, by realizing the training hours for new security guards, by permitting private education, etc, the reliability and professionality of a security guard job has been to be recovered.

The modality and the symbol of the reform in donghak and the declaration in K. Marx (칼 맑스 선언문과 폐정 개혁문의 모달리떼와 그 상징성)

  • Sun, Mira
    • 기호학연구
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    • no.57
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    • pp.155-176
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    • 2018
  • This article is a study of Karl Marx's manifesto and the reform in donghak for the modality and their symbolism. As a text, Karl Marx and Friedrich Engels' declaration on the Communist Alliance and the reform program of the peasant Donghak were choose. This Declaration and the Reformation are the works of philosophical practice discourse of the 1800s in this article, which unfolds paradigmatically, deriving its common symbolic meaning in the semiotic sense, and evolving ideologically towards a democracy free of property. In the end, these two historical incident which are published in the contemporary breath, constitute an accusation against a nonhuman policy of surveillance and punishment. Twice a day, the space of the church is transformed into a factory, the act of dividing into two categories by capitalist and work and divorcing by accident is embodied as a social ethic. It is against the phenomenon that the structure of which no man exists is no longer institutionalized. The revolutionary movement aimed at breaking the framework of this hunt manifests itself in the two manifestos mentioned above, and Karl Marx completes the culmination of the utopia that must be achieved through the Declaration of the Communist Alliance by placing his being in the position of "eternal refugee". By choosing to die in his freedom developed during Jeon Bong-joon's trial, he also completes the people's spirit of revolution. In the case of simultaneous exploitation in East and West, the form of oppression is the withdrawal of capital from domination and power, and a new alternative to this is the philosophical context that allows the establishment of a new paradigm with "man is the greatest capital".