• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.3-44
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• 2022

As a result of a close review focusing on the case of obstruction of epidemiological investigation by a religious group A in Daegu, which was a problem when the pandemic of Covid-19 infection began in Korea around February 2, 2020, when an epidemiological investigator requested a specific group to submit a list, While there have been cases where an act of not responding or submitting an edited omission list was sentenced to the effect that the act did not fall under an epidemiological investigation, in the case of non-submission of the visitor list for the B Center, even though a 'list of visitors' was requested. Regarding the fact of refusal without a justifiable reason, 'providing a list of persons entering the building is a key factual act that forms a link between epidemiological investigations accompanying an epidemiological investigation, and refusing to do so is also an act of refusal and obstruction of an epidemiological investigation. There are cases where it is possible to demand criminal punishment. Regardless of whether the request for submission of the membership list falls under the epidemiological investigation, there are cases in which the someones' actions correspond to the refusal or obstruction of the epidemiological investigation. A lower court ruling that if an epidemiological investigation is rejected or obstructed as a result of interfering with factual acts accompanying an epidemiological investigation, comprehensively considering whether or not the list has been diverted for purposes other than epidemiological investigation, the logic is persuasive. Epidemiological investigations such as surveys and human specimen collection and testing are conducted for each infectious disease patient or contact confirmed as a result of the epidemiological investigation, but epidemiological investigations conducted on individual individuals cannot exist independently of each other, and the This is because the process of identification and tracking is essential to an epidemiological investigation, and if someone intentionally interferes with or rejects the process of confirming this link, it will result in direct, realistic, and widespread interference with the epidemiological investigation. In this article, ① there are differences between an epidemiological investigation and a request for information provision under the Infectious Disease Control and Prevention Act, but there are areas that fall under the epidemiological investigation even in the case of a request for information, ② Considering the medical characteristics of COVID-19 and the continuity of the epidemiological investigation, the epidemiological investigator the fact that the act of requesting a list may fall under the epidemiological investigation, ③ that the offense of obstructing the epidemiological investigation in certain cases may constitute 'obstruction of Performance of Official Duties by Fraudulent Means', and ④ rejecting the request for information provision under the Infectious Disease Control and Prevention Act from September 29, 2020 In this case, it is intended to be helpful in the application of the Infectious Disease control and Prevention Act and the practical operation of epidemiological investigations in the future by pointing out the fact that a new punishment regulation of imprisonment or fine is being implemented.

• Korean Security Journal
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• no.1
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• pp.371-408
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• 1997

This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

• Korean Security Journal
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• no.7
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• pp.155-189
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• 2004

The mission of the police as described by law is to guard the life, body and property of all citizens. Such duties should be accurately performed based on legal and democratic procedures because the works of the police are directively influencing the overall lives of the citizens by restricting their freedom. We are frequently watching the traffic police on the street or road. Traffic policing aims to reduce crime and the opportunities for criminal activity in relation to the use of roads, that is to improve road user behavior in order to reduce accidents. The characteristics of traffic accident change is not similar in each traffic condition. The purpose of this study is to analysis a type characteristics of traffic accident change, such as number of deaths and wounded persons by the time, the vehicle, the type the road, the age group. Based on the characteristics of traffic accident change, traffic accident countermeasures are proposed, in which some variable of traffic policies such as traffic facilities, traffic regulation, and traffic safety education.

• Journal of the Korea Society of Computer and Information
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• v.21 no.3
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• pp.105-111
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• 2016

Circulating various pieces of unlawful information that violate the law by leaking personal information or circulating violent/sexual materials or malignant programs in the cyberspace is unlawful, and blocking this beforehand is an important duty of the state. Preceding discussions on the legal restriction of unlawful information in the cyberspace have mostly been focused on the criminal responsibilities and civil responsibilities of information communications service providers, but this study has approached it with emphasis on the issue of police responsibility for the exercise of police authority to block unlawful information. It is because the principles of police responsibility to determine the target of police authority to block unlawful information provide the standards for the interpretation of existing laws and regulations and function as legislative principles for the enactment of new laws and regulations to prevent risks in the cyberspace.

• International Journal of Computer Science & Network Security
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• v.22 no.6
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• pp.246-250
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• 2022

The article analyzes the regulations of current criminal law and current issues, combating drug crime on the Internet, as well as measures to combat drug crime in the field of modern information technology. In connection with the growth of crimes in the field of drug trafficking committed with the use of information and telecommunications technologies, the urgent task of the state is to find effective ways to reduce drug crime. The article considers criminologically significant aspects of the mechanism of illicit drug trafficking, which is carried out with the use of information and telecommunication technologies and means of remote communication.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.13-21
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• 2014

The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

• Tuberculosis and Respiratory Diseases
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• v.58 no.3
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• pp.213-229
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• 2005

The first and the longest criminal indictment case of Korean medico-legal battle, so called BORAMAE Hospital Incident, was finally on its end by Korean Supreme Court's decision on June 24, 2004, after 7 years long legal dispute via Seoul District Court and Seoul Superior Appeal Court's decision. Boramae Hospital case was the first Korean legal case of Withdrawing Life-sustaining treatment of mechanical respirator on 58 years old Extradural Hematoma victim who was on Respirator under Coma after multi-organ failure postoperatively(APACHE II score: 34-39). Two physicians who have involved patient's care and had helped to make discharge the Near-death patient to home after repeated demand of patient's wife, due to economic reason, were sentenced as homicidal crime. This review article will discuss the following items with the review of US cases, Quinlan(1976), Nancy Cruzan(1990), Barber (1983), Helen Wanglie(1990), Baby K (1994) and Baby L cases, along with Official Statement of ATS and other Academic dignitaries of US and World.: [1] Details of Boramae Hospital incident, medical facts description and legal language of homicidal crime sentence. [2] The medical dispute about the legal misinterpretation of patient's clinical status, regarding the severity of the victim with multi-organs failure on Respirator under coma with least chance of recovery, less than 10% probability. [3] Case study of US, of similar situation. [4] Introduction of ATS official Statement on Withdrawing/ Withholding Life sustaining treatment. [5] Patient Autonomy as basic principle. [6] The procedural formality in Medical practise for keeping the legitimacy. [7] The definition of Medical Futility and its dispute. [8] Dying in Dignity and PAS(Physician Assisted Suicide)/and/or Euthanasia [9] The Korean version of "Dying in Dignity", based on the Supreme Court's decision of Boramae Hospital incident (2004.6.24.) [10] Summary and Author's Note for future prospects.

• 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.

• Journal of Digital Convergence
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• v.9 no.5
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• pp.11-20
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• 2011

Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

• International Journal of Advanced Culture Technology
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• v.8 no.2
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• pp.96-100
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• 2020

In this paper, I try to help the business operation so that they could continue the desirable operation despite the unfavorable conditions. It is important to reinforce for corporate growth various support measures to generate profits. However, if they are involved in criminal activities such as slush fund creation, they will have to deal with them separately. As a result, To raise awareness helps to keep the company running. Recently, the companies are in a poor condition due to overseas migration. If a company does not create profits by doing business, it is a burden to continue operating and it will eventually be hard to support and destroy. The corporate crime and white-collar crime are mostly similar types, mainly because they occur in the industry. The corporate crime proceeds throughout the company and ultimately translates into corporate profits. The white-collar crime, on the other hand, is a profitable part of the individual. In the process of generating profits, the purpose and management method of slush funds is an important issue in judging whether illegal immorality of business is intended or not. In addition, in the case of the corporate crime, it seems necessary to identify the types of slush fund raising activities in addition to the investigations of the accomplices and clinical investigations, and to apply efficient investigation methods on a case-by-case basis. At present, many companies frequently migrate overseas due to the influence of domestic regulations. In this process, if it is involved in crime such as a borrowing accounts or the purpose of slush fund creation should be treated separately.