• The Korean Society of Law and Medicine
• /
• v.20 no.3
• /
• pp.47-79
• /
• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Korean Security Journal
• /
• no.36
• /
• pp.349-386
• /
• 2013

This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

• Land and Housing Review
• /
• v.8 no.1
• /
• pp.1-11
• /
• 2017

The government has been constructing and supplying public rental housing to ordinary people in order to stabilize housing since 1989. However, the public rental houses initially supplied to ordinary people are at high risk for safety accidents due to the deterioration of the facilities. Therefore, this study is aimed to propose a solution to solve the life safety hazards of the old rental housing complex as a follow-up study of Analysis of Accident Patterns and Hazard Factor for Life Safety in Rental Housing Complex. Types of life safety accidents that occur in public rental housing complexes are sliding, falling, crash, falling objects, breakage, fire accidents, traffic accidents and criminal accidents. The types of safety accidents that occur in rental housing complexes analyzed in this study are sliding, crashes, falling objects, and fire accidents. Although the incidence of safety accidents such as falling, breakage, traffic accidents and crime accidents in public rental housing complexes is low, these types are likely to cause safety accidents. The method of this study utilized interviews and seminar results, and it suggested ways to solve the life safety hazards in rental housing complexes. Interviews were conducted with residents and managers of rental housing complexes. Seminars were conducted twice with experts in construction, maintenance, asset management, housing welfare and safety. Through interviews and seminars, this study categorizes the life safety hazards that occur in rental housing complexes by types of accidents and suggests ways to resolve them as follows. (1) sliding ; use of flooring materials with high friction coefficient, installation of safety devices such as safety handles, implementation of maintenance, safety inspections and safety education, etc. (2) falling ; supplementation of safety facilities, Improvement of the design method of the falling parts, Safety education, etc. (3) crash ; increase the effective width of the elevator door, increase the effective width of the lamp, improve the lamp type (U type ${\rightarrow}$ I type), etc. (4) falling objects and breakage ; design of furniture considering the usability of residents, replacement of old facilities, enhancement of safety consciousness of residents, safety education, etc. (5) fire accidents ; installation of fire safety equipment, improvement by emergency evacuation, safety inspection and safety education, etc. (6) traffic accidents ; securing parking spaces, installing safety facilities, conducting safety education, etc. (7) criminal accidents; improvement of CCTV pixels, installation of street lights, removal of blind spots in the complex, securing of security, etc. The roles of suppliers, administrators and users of public rental housing proposed in this study are summarized as follows. Suppliers of rental housing should take into consideration the risk factors that may arise not only in the design and construction but also in the maintenance phase and should consider the possibility of easily repairing old facilities considering the life cycle of rental housing. Next, Administrators of rental housing should consider the safety of the users of the rental housing, conduct safety checks from time to time, and immediately remove any hazardous elements within the apartment complex. Finally, the users of the rental housing needs to form a sense of ownership of all the facilities in the rental housing complex, and efforts should be made not to cause safety accidents caused by the user's carelessness. The results of this study can provide the necessary information to enable residents of rental housing complexes to live a safe and comfortable residential life. It is also expected that this information will be used to reduce the incidence of safety accidents in rental housing complexes.

• Analytical Science and Technology
• /
• v.29 no.3
• /
• pp.142-153
• /
• 2016

In crime scene investigation, fingerprint identification is regarded to be one of the most important techniques for personal identification. However, objective and unbiased evaluation methods that would compare the fingerprints with diverse available and developing methods are currently lacking. To develop an objective and quantitative method to improve fingerprint evaluation, a preliminary study was performed to extract useful research information from the analysis with densitometric image analysis (CP Atlas 2.0) and the Automated Fingerprint Identification System (AFIS) for the developed fingerprints on porous surfaces. First, inked fingerprints obtained by varying pressure (kg.f) and pressing time (sec.) to find optimal conditions for obtaining fingerprint samples were analyzed, because they could provide fingerprints of a relatively uniform quality. The extracted number of minutiae from the analysis with AFIS was compared with the calculated areas of friction ridge peaks from the image analysis. Inked fingerprints with a pressing pressure of 1.0 kg.f for 5 seconds provided the most visually clear fingerprints, the highest number of minutiae points, and the largest average area of the peaks of the friction ridge. In addition, the images of the developed latent fingerprints on thermal paper with the iodine fuming method were analyzed. Fingerprinting condition of 1.0 kg.f/5 sec was also found to be optimal when generating highest minutiae number and the largest average area of peaks of ridges. Additionally, when the concentration of ninhydrin solution (0.5 % vs. 5 %) was used to compare the developed latent fingerprints on print paper, the best fingerprinting condition was 2.0 kg.f/5 sec and 5 % of ninhydrin concentration. It was confirmed that the larger the average area of the peaks generated by the image analysis, the higher the number of minutiae points was found. With additional tests for fingerprint evaluation using the densitometric image analysis, this method can prove to be a new quantitative and objective assessment method for fingerprint development.

• Korean Security Journal
• /
• no.22
• /
• pp.169-196
• /
• 2010

Although more priority is given to politicians from the aspect that they represent people and decide the future of country, the current situation is that politicians are not free from terrorism because of insufficient guard-concerned law, negative social recognition and increased crime and terrorism. The measure for politician terrorism shall be handled from the aspect of national security rather than public peace. For the purpose, basic legal foundation shall be prepared and specialized guard technique considering specialty of politician shall be established. Basic solution shall be established by reinforcing law against politician terrorism and establishing new law from the national viewpoint. The guard for politician has two faces that both of safety of guard target and voting intention of voter shall be met at the same time. Although special guard technique is required for guarding politician, current situation is that it is not researched professionally. In relation to the measure to develop the system of protection for politician, First, the study suggested legal foundation for politician guard. Although the 17th National Assembly proposed revised legal plan to protect politician from terrorism, it is suspended, expired and abolished now. The legal plan presented by members of the National Assembly was simply restricted to the scope of public guard. The study divided establishment of legal foundation into two things. The first one is the dispatch type of effective public guard and the second one is the transfer to private guard. Second, the study suggested environmental development method of politician guard. in the environment of politician guard, the study suggested improvement and development method by analyzing social recognition, politician's mind and voter's mind psychologically. After the beginning of human society, if human race is continued, political activity won't disappear. It is obvious that the safety of political leader is very important issue for human race because he plays the role to decide the future of human. In the future, more specialized, effective law shall be prepared and deeper study of scholar shall be performed.

• Korean Security Journal
• /
• no.34
• /
• pp.233-258
• /
• 2013

In the early days of the Goryeo Dynasty, the royal guard was comprised of the central regular army in the 2-gun-6-wi system, and Nasungeomgun was in charge of the security inside the palace. However, the military system became disorganized during the period of military rule and the royal guard had to rely on military subjects. The military officials suppressed the civil ministers centering on Jungbang, the guarding organization close to the King to incapacitate the royal authority and control the state affairs. When the rule of the three leaders of the military rule became short-lived and Dae-seung Gyeong is raised to the ruler, he organized a do-or-die squad comprised of a hundred and more people for his personal safety, and this became the first dobang. Dobang was disassembled after Dae-seung Gyeong died of disease, but under the rule of Chung-heon Choe, Dae-seung Gyeong's dobang was revived and reinforced into 'Yukbeon Dobang' to provide the ruler with personal protection and intensify the ruling system, and it was quite a large organization with more refined system. Yukbeon Dobang was expanded and reinforced into Naeoedobang under the rule of Woo Choe, the son of Chung-heon Choe, and it was enhanced even more into Dobang Samsipyukbeon System under the rule of the grandson, Hang Choe. Dobang can be considered as the guard organization in modern sense, and it collected information and surveyed the area where guarding is required and house troops that belonged to Naedobang eliminated the risks that may follow afterwards to make assurance doubly sure for guarding. The Choe's regime established Mabyeolcho as a private guard organization in addition to dobang, and this formed the cavalry and infantry units with dobang. Yabyeolcho organized by Woo Choe in the reign of King Gojong was divided into Joabyeolcho and Ubyeolcho, and later Sineuigun was integrated with them to form Sambyeolcho. Originally, Yabyeolcho was established under the rule of Woo Choe to prevent crime in the evening, but after Sineuigun was organized with the ones who were captured by Mongolian army but escaped, in other words when Sambyeolcho was organized, the organization displayed much broader influence by covering military and police affairs as well as punishment and imprisonment. The guarding organization during the Period of Military Rule in the Goryeo Dynasty did not have strict distinction between official guard and personal guard. The private guard in modern days which is the equivalent of personal guard is characterized by its commerciality, however, house troops and the members of dobang did not seem to pursued profit. The guard organization during the period of military rule started from dobang which was organized for personal safety but gradually developed publicness through the participation of civil ministers and expansion, and later it played the pivotal role for social security serving official purpose up to the level where the distinction between official and private activities was blurred during the period of Sambyeolcho.

• 한국사회복지학회:학술대회논문집
• /
• 2003.05a
• /
• pp.282-309
• /
• 2003

This exploratory qualitative study investigates the effects of experiencing domestic violence on male adolescent offenders' masculinities. Empirical and theoretical literature suggests that negative male role models in violent families result in male adolescents' experiencing conflict in constructing gender identities, especially masculinities. Moreover. criminologists argue that masculinities are often connected with crimes as a way to prove masculine competence. This study compares male adolescent offenders who have experienced domestic violence with those who have not experienced domestic violence and explores how domestic violence experiences influence the construction of gender identities among male adolescent offenders. The study used a secondary qualitative data analysis method. The data consisted of ethnographic in-depth interview transcripts, observational field notes, and formal facility records collected at a juvenile correctional facility in Minnesota. The process of data analysis was a "constant comparative method" that sought to understand differences and similarities in the expressed gender narratives and identity patterns between the two groups of offenders. This process also examined differences within each group. The qualitative data analysis revealed that domestic violence experiences in childhood may be related to the construction of gender identities during adolescence. The findings of this study showed that male adolescent offenders who had experienced domestic violence tended to attach themselves to oppressed mothers more readily than those who had not experienced domestic violence. Next, their attachment to mothers related to the construction of more relational gender identities although most participants, regardless of domestic violence experiences, had much in common regarding gender expression. Finally, despite these relational gender identities, male adolescent offenders who had experienced domestic violence tended to depend upon violence and crimes to show masculine competence, as did male adolescent offenders who had not experienced domestic violence. The study findings suggest a need for research to understand the construction of gender identities in the context of particular experiences and the importance of building theories that advance a comprehensive understanding of the construction of masculinities and youth crime. This study also discusses the development of social work programs that protect young men from adherence to exaggerated masculinity, which is often associated with crimes.

• The Korean Society of Law and Medicine
• /
• v.18 no.1
• /
• pp.143-169
• /
• 2017

The Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes intends to encourage reporting and punishment of child abuse by using the concept of 'crime' in child abuse cases. Article 10 of the Act imposes duty to report child abuse on a number of different professions, including medical professionals. Currently, more than 80% of child abuse cases occur among family members and the detection rate of child abuse is as low as 0.5% in Korea. On the other hand, medical professionals can identify child abuse relatively clearly with specific medical opinions. Therefore, it is necessary that medical professions are informed of this duty and does not bear disincentive from reporting. This paper makes policy suggestions in this regard. First, it is necessary that medical students and medical professionals receive regular education about the obligation to report child abuse. Education should include details of the reporting duty, as well as the fact that there is legal obligation to report even if the child abuse is "suspicious", not certain. Second, it is imperative to establish and implement protective programs for medical professionals who report child abuse. The current law provides a rough framework for protection of people who report child abuse, but it is necessary to produce detailed guidelines that are applicable in the context of medical setting. Education for medical students and medical professionals should include the contents of these guidelines, so that they do not hesitate reporting because they fear the aftermath of reporting. Third, it is highly recommended that physicians use the national Baby/Infant Health Checkup Program as an opportunity to detect child abuse. In Korea, the Baby/Infant Health Checkup Program provides physicians to periodically monitor health condition of all babies and children until the age of 71 months. In order to utilize this program for early detection of child abuse, it is imperative that the bBaby/Infant Health Checkup Program is modified to involve child abuse experts and medical professionals who participate in the program are educated about child abuse.

• Korean Security Journal
• /
• no.46
• /
• pp.113-140
• /
• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• Korean Security Journal
• /
• no.38
• /
• pp.7-32
• /
• 2014

This study is aimed to analyze problems of police budgetary execution and to suggest better ways for establishing effective budget implementation as well as legitimacy of securing budget in the field of police work. For this purpose, this paper analyzed the annual reports on police budgetary execution, from 2009 to 2012, conducted by National Assembly Budget Office. In result, most parts of the police budgetary execution were not satisfied with the audit standard, and especially in terms of management of budgetary execution, it showed 40% in inappropriateness. In addition, excessive and underestimate appropriation in the police budgetary execution, which happened frequently in other offices, was recorded on the second place. 10% of the amount of budget was executed for ordinance violence. Given results analyzed from each division, Transportation Division occupied 40% of the amount of related problems and all of types in the field did not meet the audit standard, thus it is required to manage budgetary execution effectively. In terms of Public Safety Division, the problem was related to budgetary allocation prior to execution, such as overlap in other works, excessive and underestimate appropriation, and inappropriate business plans. Director General for Planning and Coordination did not meet the standard of law system maintenance, Given the light of the result of analyzing programs, traffic safety and securing communication was the most problematic and support for police administration, crime prevention and protecting the disadvantaged, educating professional police officers, and establishment of policing infrastructure were required to be reformed in sequence. In order to resolve these problems, it is demanded to check budgetary execution and the process in business plans on a regular basis. Additionally, in case of using budget in inappropriate parts, tough penality including reduction of budget in related to the local police should be implemented to increase the importance of budgetary execution. Moreover, because of the fact that a part of problem of budgetary execution was originally caused by the budgetary allocation, it is advised to allocate police budget using the budget proposal of National Finance Act and Ministry of Strategy and Finance.