• Journal of the Korea Society of Computer and Information
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• v.17 no.12
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• pp.23-30
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• 2012

The purpose of this paper is to analyze various categories such as the recognition, expectation and acceptability of CCTV use in educational facilities by doing a survey on how college students think about the CCTV installed in educational facilities. For this research, diverse existing surveys regarding CCTV were examined, and the appropriate elements of survey questions were extracted and developed. Based on this method, we intend to complete a survey study hereafter on the change in perception regarding CCTV inspection. We made four hypotheses before the survey and the results of the survey are as follows: First, the expectations for CCTV's ability to reduce crime were high. Second, the fears about being a victim of theft or violence crime were decreased. Third, there were a number of respondents who would weigh more on increased safety by installing a CCTV rather than be concerned that CCTV may lead to the violation of students' human rights. Fourth, there showed a difference in recognizing CCTV among three groups. Also, for the questions regarding the places where CCTV is installed, there were many negative opinions on its installation in the student convenient facilities. What we have achieved was not a simple survey which investigates the pros and cons about CCTV use, but a newly suggested way of survey, which enables us to test various hypotheses and figure out the changing perceptions on CCTV effectiveness in educational facilities with more efficiency.

• The Journal of the Korea Contents Association
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• v.11 no.1
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• pp.102-112
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• 2011

The purpose of the study was to analyze narrative structure and spoken contents of two TV documentaries televised in KBS 1TV 'Current Topics Ssam' to examine how child sexual abuse was represented on TV. As a result, the study could see that child sexual abuse attackers were stressed by a system to monitor and punish them and TV documentary took a neutral attitude between their human rights and pain of the victims. And it emphasizes 'abnormal' sides such as attackers' drinking or history of mental illness, and men's social authority individualizes a woman's damage into private pain by imposing a light punishment on child sexual abuse attackers and letting them not punished. Child sexual abuse victims treated to be a sexual object as a 'small, easy and weak' woman are represented as a lethargic human who is afraid of revenge and lives in pain. The representation of child sexual abuse through 'Current Topics Ssam' has its limit in the fact that it neglected understanding social context of child sexual abuse by forming an event-centered immediate and fragmentary narration and didn't play a right role in making an efficient and long-term plan considering actual conditions of Korean society and leading the people's participation.

• Korean Security Journal
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• no.44
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• pp.117-137
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• 2015

As school violence gets serious, the school system created the local board against school violence in order to respond to school violence effectively. Yet, there are not many studies about the effectiveness of the local board against school violence. A few studies investigated teachers' perception about the local board while the information about the school resource officers' perception is not known much. The current study surveyed school resource officers about their perception towards the function of the local board, its member, and the response of the principal to school violence. Participants are the school resource officers working for the four metropolitan police agencies(Seoul, Kyunggi, Busan, and Ulsan) in Korea, and were asked to answer to structured and open-ended questions. The results indicated that the officers thought the local board did not very well for the function of protecting the victim's rights. In addition, they believed that the participation of parents needs to be limited in the membership, and more experts should be included in the membership of the local board. They also thought the principals should be tough in dealing with school violence. The discussion includes ideas about improving professionalism of the membership and making changes on the related regulations.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.