• Title/Summary/Keyword: criminal law

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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 discussion on the issues of human trafficking and global economy, HIV, and inhumanity: A case study of Nepal women (인신매매와 관련된 국제경제, HIV, 그리고 비인간적 문제들에 대한 담론: 네팔여성들에 대한 사례제시를 중심으로)

  • Jang, Duck-Hyung
    • Korean Security Journal
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    • no.46
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    • pp.171-187
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    • 2016
  • Human trafficking is a booming underground business and is the fastest growing and criminal activity in today's society. The use of coercion or fraud marks the territory of trafficking. Most people trafficked suffer constant threats, violence, and forced acts while imprisoned by their traffickers. Such human trafficking entails significant problems not only for the victims but also for the economies and community health. Large corporations overseas have also been known to partake in the sex slave industry. Another hidden cost to the global economy is the cost of law enforcement and anti-trafficking measures being implemented. Further, sex Trafficking carries many potential health consequences, one of the biggest risks is HIV infection. That means, sex trafficking is an engine of the global AIDS epidemic with one study portraying nearly fifty six percent of all sex slaves having HIV or AIDS. Therefore, many of people are being infected with HIV and many other diseases every day through contact with the sex slave industry costing millions to society and the global economy. in this study, the author presents a case study of trafficking against Nepalese women. Nepalese women being trafficked are found to have a high prevalence of HIV infection. In conclusion and discussion, a few of solutions needed to be addressed for controling human trafficking for sex slavery suggested.

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A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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Special Judicial Police for Enhancing Administrative Power A Study on the Expansion of Jobs: Based on the results of 10 years' operation of Seoul Metropolitan Police Judicial Police Team (행정의 집행력 강화를 위한 특별사법경찰 직무확대에 관한 연구 - 서울특별시 민생사법경찰단 운영 10년 분석 결과를 바탕으로 -)

  • Yang, Jae Yeol;Kim, Sang Su
    • Korean Security Journal
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    • no.58
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    • pp.59-80
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    • 2019
  • Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

A Study on Policing Based on Crime Intelligence in UK (영국의 범죄정보 기반 경찰활동에 관한 연구)

  • Jang, Kwang-ho;Kim, Moon-kwi
    • Korean Security Journal
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    • no.54
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    • pp.101-125
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    • 2018
  • In the police, crime intelligence is the basis of decision making for police's original activities in response to crime. Police decision making is done in various ways such as investigation and prevention of individual cases, allocation of resources, organization prioritization, etc. The purpose of this study was to investigate the activities of the UK policing in analyzing crime intelligence and to reflect them in the policing and to draw implications for the comparison with the Korean police. The UK operates a central police agency based on the local police system, and establishes a National Intelligence Model (NIM) system that operates crime intelligence throughout the country. In order to respond to crimes and risks through coordination and cooperation, rather than by centralized police activities, the intelligence department of the police agencies should not only prevent and suppress crime through the analysis of integrated crime information, but also make police decision-making. In contrast, the Korea police operate crime intelligence, such as statistics, case intelligence, and there is no integrated way to use it. In addition, there are few cases in which the organizational decision - making based on crime intelligence is utilized efficiently and systematically. For development, it is necessary to construct an integrated management system and analysis organization for crime intellgence. Criminal Intelligence Analysis Organizations should seek to reorganize the role of the current intelligence department or to operate a separate analysis system through the information system while maintaining the current role of each department.

Counter-Terrorism Policy of Mongolia: Raising Awareness on Terrorism (몽골의 대테러 정책: 테러인식 제고)

  • Urangoo, Khash-Erdene;Lee, Ju-Lak
    • Korean Security Journal
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    • no.60
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    • pp.155-173
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    • 2019
  • This study touches upon the challenges of globalization, in which terrorism is one of the most brutal forms of criminal violence targeting innocent people. No country is immune from terrorist attacks, and no person is immune from becoming a victim. Interest in this topic is increasing as terrorism, in all its forms and manifestations, in its scale and intensity, and in its inhumanity and cruelty, is now becoming one of the most acute and pressing problems of global importance. Legal regulations passed in Mongolia in 2004 have established a structure to prevent and detect terrorist threats. However, the country's anti-terrorism policy should be improved with respect to its global counter-terrorism strategy. Because Mongolia is a comparatively safe country in the region, the people do not consider terrorism to be a real threat. This study aims to suggest methods to quickly raise awareness and create a security culture to improve Mongolia's long-term terrorism prevention policy. In particular, the authors review Mongolia's anti-terrorism policy, focusing on legal regulations, and suggest education methods to raise terrorism awareness for the public as a primary preventive measure. The study also presents a comparative analysis and a summary conclusion by examining international legal acts, conventions on new manifestations of terrorism, the foundations of laws and regulations of Mongolia, and related research on terrorism.

A Study on the Type of Litigation through Analysis of Landscape Precedent (조경 판례분석을 통한 소송의 유형화 연구)

  • Park, Hyun-Bin;Kim, Dong-Pil;Moon, Ho-Kyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.4
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    • pp.8-18
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    • 2020
  • This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

A Scientific Critique of a Korean Court's Acquittal for Involuntary Manslaughter Related to 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT), a Humidifier Disinfectant (HD) Part I: Material safety, exposure and delivery to target organ from an HD perspective (CMIT/MIT 함유 가습기 살균제 제품의 제조 및 판매기업 형사판결 1심 재판 판결문에 대한 과학적 고찰 (I) - 제품 위험성과 노출평가 측면에서)

  • Park, Dong-Uk;Zoh, Kyung Ehi;Kim, Jiwon;Choi, Sangjun;Kwon, Jung-Hwan;Jun, Houngbae;Kim, Sungkyoon
    • Journal of Environmental Health Sciences
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    • v.47 no.2
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    • pp.111-122
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    • 2021
  • Objectives: There was a judgment of acquittal for the manufacturer SK Chemical and the vendor Aekyung regarding humidifier disinfectant (HD) containing 5-chloro-2-methylisothiazol-3(2H)-one/2-methylisothiazol-3(2H)-one (CMIT/MIT). The rationale used in this judgement is discussed here in the light of scientific consideration. Methods: The sentencing document for the judgements was obtained from the Korea Supreme Court Service. In particular, the judgements made by the court related to the risk of HD and external and internal exposure to CMIT/MIT are discussed based on scientific evidence. Results: Rendering a determination in a criminal trial of insufficient evidence of causation, the court dismissed the prosecution's motion that humidifier disinfectant-associated lung injuries (HDLI) and asthma were associated with the utilization of these products. However, CMIT/MIT, a strong sensitizing and corrosive substance, has been reported to be associated with brain toxicity, allergic contact dermatitis, and asthma. Furthermore, the judgment did not consider total consumption amounts or the cumulative dose of CMIT/MIT in the humidifier. Lastly, there are several cases supporting the fact that exposure to water-soluble substances including CMIT/MIT can cause lower respiratory tract diseases. In addition to cases of asthma among the workers exposed to CMIT/MIT, we identified lung injury victims who were exposed to HDs exclusively containing CMIT/MIT. Conclusions: We conclude that there is sufficient evidence supporting the assertion that HDs containing CMIT/MIT cause lung injuries, including asthma, contrary to the court's judgement.

A Life-History Approach to the Practice of Early Marriage in Ethiopia (에티오피아의 조혼 관습에 대한 생애사적 접근)

  • Seol, Byung-Soo
    • Cross-Cultural Studies
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    • v.42
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    • pp.69-106
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    • 2016
  • Early marriage in contemporary society has brought about many problems. The practice is encouraged by gender inequality, poverty and social norms. It reproduces social power imbalances including increased economic vulnerability of women, low educational attainment of girls, gender inequality at home and in the labor market, physical and sexual violence against women and their health problems. The Ethiopian government increased the minimum legal age of marriage for women from 15 to 18 years, by revising its family code in 2000 and newly adopting a criminal law in 2005 that includes punishment against any harmful tradition. Nonetheless, early marriage is still widely practiced in many parts of rural Ethiopia. This is because the practice has long been embedded and deeply rooted in the lives of the people. Earlier literature on early marriage in Ethiopia tends to focus only on women's experiences and regard that all early-married people, particularly women, are unhappy with their lives. This paper attempts to explore the issue of early marriage through voices of people with diverse socioeconomic backgrounds, in order to address the limitations of the previous literature. This article aims at examining why early marriage has occurred in Ethiopia and how it has affected family life and women's educational attainment, focusing on the case of Meki town. As seen from this study, it is true that early marriage generally had negative influences on the lives of women. However, it is equally true that some men are also victims of the practice while some women have improved their lives by means of it. This implies that we need to listen to the voices of diverse people when we examine early marriage.

Does Artificial Intelligence Algorithm Discriminate Certain Groups of Humans? (인공지능 알고리즘은 사람을 차별하는가?)

  • Oh, Yoehan;Hong, Sungook
    • Journal of Science and Technology Studies
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    • v.18 no.3
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    • pp.153-216
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    • 2018
  • The contemporary practices of Big-Data based automated decision making algorithms are widely deployed not just because we expect algorithmic decision making might distribute social resources in a more efficient way but also because we hope algorithms might make fairer decisions than the ones humans make with their prejudice, bias, and arbitrary judgment. However, there are increasingly more claims that algorithmic decision making does not do justice to those who are affected by the outcome. These unfair examples bring about new important questions such as how decision making was translated into processes and which factors should be considered to constitute to fair decision making. This paper attempts to delve into a bunch of research which addressed three areas of algorithmic application: criminal justice, law enforcement, and national security. By doing so, it will address some questions about whether artificial intelligence algorithm discriminates certain groups of humans and what are the criteria of a fair decision making process. Prior to the review, factors in each stage of data mining that could, either deliberately or unintentionally, lead to discriminatory results will be discussed. This paper will conclude with implications of this theoretical and practical analysis for the contemporary Korean society.